ZONING ORDINANCE NEW CASTLE TOWNSHIP SCHWWLL COUNTY, PENNSYLVANIA PLANNING & ZONING CONSULTANT. Steven C. Boyer & Associates Hegins, PA

Transcription

1 ZONNG ORDNANCE NEW CASTLE TOWNSHP SCHWWLL COUNTY, PENNSYLVANA PLANNNG & ZONNG CONSULTANT Steven C. Boyer & Assocates Hegns, PA

2 CONTENTS Pase ARTCLE GENERAL PROVSONS TTLE SHORT TTLE PURPOSE APPLCATON EXEMPTONS NTERPRETATON SEVERABLTY REPEALER EFFECTVE DATE ENACTMENT ARTXCLE 2 DEFNTONS GENERAL NTERPRETATON DEFNTONS ' ; :. ARTXCLE 3 ZONNG DSTRCTS AND USE REGULATONS ESTABLSHMENT OF ZONNG DSTRCTS APPLCATON OF DSTRCT REGULATONS ZONNG MAP RULES FOR NTERPRETNG DSTRCT BOUNDARES CONSERVATON DSTRCT (C) NDUSTRAL DSTRCT () MNERAL EXTRACTON DSTRCT (ME) RESDENTAL DSTRCT (R) RESDENTAL SUBURBAN DSTRCT (RS)... 3 SPECAL BUSNESS DSTRCT (SB) ADDTONAL REQUREMENTS FOR CERTAN PERMTTED BY RGHT USES SPECAL EXCEPTON USES CONDTONAL USES ACCESSORY USES RESDENTAL-MNERAL EXTRACTON DSTRCT (R-ME) ARTCLE 4 GENERAL REGULATONS LMT OF ONE PRNCPAL USE PRNCPAL BULDNGS MAXMUM HEGHT OF BULDNGS SPECAL LOT AND YARD REQUREMENTS ESTABLSHMENT OF FUTURE RGHT-OF-WAY WDTHS FOR ROADS FRONTAGE DEVELOPMENT ALONG ARTERAL AND COLLECTOR STREETS

3 &gg 407. NONCONFORMTES TEMPORARY STRUCTURE OR USE STE PLAN REVEW FRE SAFETY ARTCLE 5 ENVRONMEXTU PROTECTON ENVRONMENTAL PRESERVATON REQURED NUSANCES PROHBTED STEEP SLOPES AREAS WTH HGH WATER TABLE DEVELOPMENT ALONG STREAMS FLOOD PRONE AREA REGULATONS FLLNG. EXCAVATON. AND GRADNG OUTDOOR STORAGE CONTROL SEWAGE WASTE TREATMENT AND DSPOSAL CONTROL NOSE CONTROL VBRATON CONTROL DUST. DRT. SMOKE. VAPORS. GASES. AND ODORS CONTROL LGHT. GLARE AND HEAT CONTROL ELECTRC. DESEL. GAS OR OTHER POWER CONTROL OF RADOACTVTY. ELECTRCAL EMSSONS. AND ELECTRCAL DSTURBANCES m ARTCLE 6 SGNS SCOPE AND APPLCABLTY CONSTRUCTON LOCATON HEGHT NUMBER PERMTTED LLUMNATED SGNS REMOVAL... ; VEHCLES OR STRUCTURES USED AS SGNS SGNS PROHBTED N ALL.DSTRCTS SGN AREA REGULATONS OFF-PREMSE SGNS (ncludng Bllboards) ARTCLE 7 OFF-STREET PARKNG AND LOADNG REQURED NUMBER OF OFF-STREET PARKNG SPACES GENERAL REGULATONS APPLYNG TO REQURED OFF STREET PARKNG FACLTES DESGN STANDARDS FOR OFF-STREET PARKNG FACLTES OFF-STREET LOADNG c

4 Pase ARTCLE 8 ADMNSTRATON GENERAL PROCEDURES PERMTS AND CERTFCATES ZONNG OFFCER ZONNG HEARNG BOARD HEARNGS APPEALS AMENDMENTS CURATVE AMENDMENTS FLNG FEES AND COSTS REMEDES AND PENALTES APPCNDX A SNQLE FAMLY CLUSTER DEVELOPMENT... A- A.l PURPOSES... A- A.2 SPECAL PROVSONS... A- A.3 ADDTONAL PROVSONS... A-2 Z0N:NG MAP

5 ARTCLE GENERAL PROVSONS 0. TTLE. An Ordnance dvdng the Townshp of New Castle nto dstrcts and regulatng the use of land and the locaton, use and densty of buldngs wthn these dstrcts and provdng for the admnstraton and enforcement of ths Ordnance. Ths Ordnance permts, prohbts, regulates, restrcts, and determnes the uses of land, watercourses and other bodes of water; the sze, heght, bulk, locaton, erecton, constructon, repar, mantenance, alteraton, razng, removal and use of structures; the areas and dmensons of land and bodes of water to be occuped by uses and structures, as well as areas, courts, yards and other open spaces and dstances to be left unoccuped by uses and structures; and the densty of populaton and ntensty of use; and further the Ordnance contans provsons for specal exceptons and varances to be admnstered by a Zonng Hearng Board; provsons for admnstraton and enforcement and such other provsons as may be necessary to mplement the requrements of the Ordnance. Pursuant to the authorty conferred by State Act No. 247 (the Pennsylvana Muncpaltes Plannng Code), as amended, the Townshp Supervsors of the Townshp of New Castle do hereby ordan as follows: 02. SHORT TTLE. Ths Ordnance shall be known as and may be cted as the New Castle Townshp Zonne Ordnance. 03. PURP OSE. A. Ths Ordnance s hereby adopted n accordance wth. the requrements of Act 247 (the Pennsylvana Muncpaltes Plannng Code), as amended, July 27, 994, 2. the communty development objectves of the Townshp s Comprehensve Plan. a. b. preserve New Castle s resdental character, acheve greater resdent awareness, understandng and - 0 P l

6 :. ( E. d. e. f. g. h.. j. k.. m. partcpaton, n carryng out the Comprehensve Plan, assure adequate, affordable housng opportuntes for present and future famles and ndvduals n New Castle, assure compatblty between present and future land uses, to assure approprate land s mantaned for open space and recreaton uses, assure the preservaton and dentty of hstorc structures and stes wthn New Castle Townshp, to assure that publc facltes and servces wll be adequate to accommodate future growth, encourage dversfed commercal and ndustral development suffcent to meet Townshp needs and desgned and located n harmony wth the Townshp's development pattern, establsh a transportaton network that safely and effcently crculates people and goods wthn and around New Castle, ncrease the dentty of New Castle Townshp, encourage development of abandoned and unreclamed mnng lands, mprove the qualty of lfe by mprovng ar qualty and water qualty and mnmzng current and preventng future sol eroson n the townshp, ensure that land use desgnatons do not create hardshps for current resdents and landowners and are prepared n a way whch enables all land uses to exst harmonously n the townshp. 3. an overall program, and 4. wth consderaton for the character of the Townshp, ts varous parts and the sutablty of the varous parts for partcular uses and structures. B. n addton to carryng out the objectves of the Comprehensve Plan, ths Ordnance s desgned:. To promote, protect and facltate one or more of the the followng: the publc health, safety, morals, general welfare, coordnated and practcal communty development, proper densty of populaton, cvl defense, dsaster evacuaton, arports, and natonal defense facltes, the provsons of -2

7 Ap PLCATON, adequate lght and ar, polce protecton, vehcle parkng and loadng space, transportaton, water, sewage, schools, publc grounds and other publc requrements; To prevent one or more of the followng: overcrowdng of land. blght, danger and congeston n travel and transportaton, loss of, health, lfe or property from fre. flood, panc or other dangers. A. No buldng, structure or land shall be used, occuped, erected, moved, enlarged, or structurally altered unless n conformty wth the regulatons of ths Ordnance. B. Ths Ordnance regulates:. the locaton, heght, bulk, and sze of buldngs and other structures; 2. the relaton of such buldngs or structures to roads and hghways, ther ntersectons and nterchanges, to steep slopes and natural bodes of water, to publc buldngs and publc grounds, to arports and helpons, to hstorc buldngs and places, and to floodplans: areas and dmensons of land and bodes of water to be occuped by uses and structures; the percentage of a lot that may be occuped, the sze and use of yards, courts, and other open spaces; the densty and dstrbuton of populaton and ntensty of use; and the uses of land, buldngs, and structures for resdents, trade, ndustry, and other purposes. 05. EXEMPTONS. Ths Ordnance shall not apply to any exstng or proposed buldng or extenson thereof whch s used or s to be used by a publc utlty corporaton, f upon petton of the corporaton, the Pennsylvana Publc Utlty Commsson decdes after a publc hearng that the present or proposed stuaton of the buldng n queston s reasonably necessary for the -3 a

8 0 ' t convenence or welfare of the publc. 06. N TERPRE TATON, The provsons of ths Ordnance shall be nterpreted as the mnmum requrements for the promoton of the health, safety, morals and general welfare. Where ths Ordnance conflcts wth any rule, regulaton or ordnance, the greater restrcton upon the use of buldngs or premses, upon the heght or bulk of a buldng or upon requrng larger open spaces shall preval, regardless of ts source. A. v m B. Exem~larv Lsts. Any lst of permtted or prohbted uses s not an exhaustve lst, but s ncluded to clarfy, emphasze and llustrate, by example, uses whch are desrable or undesrable. 07. SEVERABLTY. t s hereby declared to be the legslatve ntent that: A. f a court of competent jursdcton declares any provsons of ths Ordnance to be nvald or neffectve n whole or n part, the effect of such decson shall be lmted to those provsons whch are expressly stated n the decson to be nvald or neffectve, and all other provsons of ths Ordnance shall contnue to be separately and fully effectve. B. C. f a court of competent jursdcton fnds the applcaton of any provson or provsons of ths Ordnance to any lot, buldng, structure, or tract of land to le nvald or neffectve n whole or n part, the effect of such decson shall be lmted to the person, property, or stuaton mmedately nvolved n the controversy, and the applcaton of any such provson to other persons, property, or stuatons shall not be effectve. The Board of Supervsors hereby declares that t would have passed ths Ordnance and each secton or part thereof rrespectve of the fact that any one or more sectons or parts thereof be declared nvald. 08. pe PEALER. All other Townshp ordnances or parts thereof that were adopted pror to ths ordnance and are n conflct wth ths ordnance are hereby repealed. -4

9 09. EFFECTVE DATE. Ths Ordnance shall become effectve October 5, ENACTMENT. Enacted and ordaned nto an Ordnance ths - day of September, 995. Date of Hearngs July Planng Commsson SeDtember Board of Supervsors Date of Adopton Sentember \ -5 -

10 l (T ARTCLE 2 DEFNTONS 20. GENERA L NTERPRETATON. For the purposes of ths Ordnance, words and terms used heren shall be nterpreted as follows: A. B. Words n the present tense shall nclude the future tense. The sngular shall nclude the plural, and the plural shall nclude the Sngular. C. D. E. F. The masculne gender shall nclude the femnne and the neuter and vce-versa. The word "shall" s always mandatory, and the word "may" or "should" s always permssve. The word "used" or "occuped" as appled to any land or buldng shall be construed to nclude the words "ntended, arranged, or desgned to be occuped". Any word or term not defned n ths Ordnance shall be used wth a meanng of standard usage DEFNTONS. When used n ths Ordnance, the followng words, terms and phrases shall have the followng meanngs, unless expressly stated otherwse or unless the context clearly ndcates otherwse: ' Abandoned Vehcle. Any noperable vehcle whch has been lackng a currently effectve state lcense and nspecton stcker for a perod of at least one () year. Abut. Next to or adjacent to, and ncludes the words "drectly across from streets, natural features, and rghts-of-way." Access Drve. A prvately owned, constructed, and mantaned vehcular access from a publc or prvate street to four (4) or more off-street parkng spaces or to at least one () loadng space. 2-

11 Accessorv Buldng. A buldng (such as a prvate garage, prvate toolhouse or chldren s playhouse or a noncommercal greenhouse) whch s subordnate and accessory to a prncpal buldng on the same lot and whch s used for purposes customarly ncdental to those of the prncpal buldng. Accessorv Structure. A structure servng a purpose customarly ncdental to the use of the prncpal buldng and located on the same lot as the prncpal buldng. - A A use subordnate and customarly ncdental to the prncpal use on the same lot. Acre. 43,560 square feet. Adacent. A state of beng sde by sde, next to, adjonng, contguous, or abuttng one to another. Adult-Related Facltes. A busness or club whch engages n one or more of the followng areas of sales, servces or entertanment:. Adult bath house - An establshment or busness whch provdes the servces of baths of all knds, ncludng all forms and methods of hydrotherapy durng whch specfed anatomcal areas are dsplayed or specfed sexual actvty occurs. Ths secton shall not apply to hydrotherapy treatment practced by, or under the supervson of a medcal practtoner. A medcal practtoner, for the purpose of ths Ordnance, shall be a medcal doctor, physcan, chropractor or smlar professonal lcensed by the Commonwealth of Pennsylvana Adult body pantng studo - Any establshment or busness whch provdes the servce of applyng pant or other substance whether transparent or nontransparent to or on the human body when specfed anatomcal areas are exposed. Adult bookstore - Any establshment whch has a substantal or sgnfcant porton of ts stock n trade: a, Books, flms,magaznes or other perodcals or other forms of audo or vsual representaton whch are dstngushed or characterzed by an emphass on depcton or descrpton of specfed sexual actvtes or specfed anatomcal areas; and, b. nstruments, devces or paraphernala whch are desgned for use n connecton wth specfed sexual actvtes. 2-2

12 4. Adult cabaret - A nghtclub, theater, bar or other establshment whch features lve or meda representatons of performances by topless and/or bottomless dancers, go-go dancers, exotc dancers, strppers, or smlar entertaners, where such performances are dstngushed or characterzed by an emphass on specfed sexual actvtes or specfed anatomcal areas. 5. Adult massage establshment - Any establshment or busness whch provdes the servces of massage and body manpulaton, ncludng exercses, heat and lght treatments of the body, and all forms and methods of physotherapy, unless operated by a medcal practtoner, chropractor or professonal physcal therapst lcensed by the Commonwealth. Ths defnton does not nclude an athletc club, health club, school, gymnasum, reducng salon, spa or smlar establshment where massage or smlar manpulaton of the human body s offered as an ncdental or accessory servce Adult mn moton pcture theater - An enclosed or unenclosed buldng wth a capacty of more than fve (5), but less than ffty (50). persons used for presentng any form of audo or vsual materal, and n whch a substantal porton of the total presentaton tme measured on an annual bass s devoted to the showng of materal whch s dstngushed or characterzed by an emphass on depcton or descrpton of specfed sexual actvtes or specfed anatomcal areas. Adult model studo - Any place where, for any form of consderaton or gratuty, fgure models who dsplay specfed anatomcal areas are provded to be observed, sketched, drawn, panted, sculptured, photographed, or smlarly depcted by persons payng such consderaton or gratuty, except that ths provson shall not apply to any fgure studo or "school of an" or smlar establshment whch meets the requrements establshed n the Educaton Code of the Commonwealth of Pennsylvana for the ssuance or conferrng of, and s n fact authorzed thereunder, to ssue and confer a dploma Adult motel - A motel or smlar establshment offerng publc accommodatons for any consderaton, whch provdes patrons wth materal dstngushed or characterzed by an emphass on depcton or descrpton of specfed sexual actvtes or specfed anatomcal areas. Adult moton pcture arcade - Any place to whch the publc s permtted or nvted wheren con or slug operated or electroncally or mechancally controlled stll or moton pcture machnes, projectors, or other mage producng devces are mantaned to show mages to fve 2-3

13 (5) or fewer persons per machne at any one tme, and where the mages so dsplayed are dstngushed or characterred by an emphass on depcton or descrpton of specfed sexual actvtes or specfed anatomcal areas Adult moton pcture theater - An enclosed or unenclosed buldng wth a capacty of ffty (SO) or more persons used for presentng any form of audo or vsual materal, and n whch a substantal porton of the total presentaton tme measured on an annual bass s devoted to the showng of materal whch s dstngushed or characterred by an emphass on depcton or descrpton of specfed sexual actvtes or specfed anatomcal areas. Adult newsrack - Any con-operated machne or devce whch dspenses materal substantally devoted to the depcton of specfed sexual actvtes or specfed anatomcal areas. Adult outcall servce actvty - Any establshment or busness whch provdes an outcall servce whch conssts of ndvduals leavng the premses upon request or by appontment to vst other premses for a perod of tme for the purpose of provdng any servce durng whch tme specfed anatomcal areas are dsplayed or specfed sexual actvty occurs. Adult sexual encounter center - Any busness, agency, or person who, for any form of consderaton or gratuty, provdes a place where two (2) or more persons, not all members of the same famly may congregate, assemble or assocate for the purpose of engagng n specfed sexual actvty or exposng specfed anatomcal areas, excludng psychosexual workshops, operated by a medcal practtoner lcensed by the Commonwealth, to engage n sexual therapy. Adult theater - A theater, concert hall, audtorum or other smlar establshment, ether ndoor or outdoor n nature whch regularly features lve performances whch are dstngushed or characterzed by an emphass on specfed sexual actvtes or by exposure of specfed anatomcal areas for observaton by patrons. Any other busness or establshment whch offers ts patrons servces or entertanment characterzed by an emphass on matter depctng, descrbng or relatng to "specfed sexual actvtes" or "specfed anatomcal areas." jkrcultural ndustres. The processng, treatng, packng or storng of 2-4

14 agrcultural products.,"culture. The rasng and keepng of feld crops, tree crops (Le. orchards) or vne crops for any commercal purpose. For the purpose of ths ordnance, the term "Agrculture" does not nclude anmal husbandry, commercal forestry, or agrcultural ndustres (see separate defntons). Aort or Arstro. An area of land whch s desgnated, used or ntended to be used for the landng and take-off of arplanes or ultra-lght arcraft, and any appurtenant areas whch are desgned to be used for arplane support facltes such as mantenance, refuelng and parkng facltes. Arports and arstrps shall be approved and shall meet all the applcable State and Federal regulatons.. J'ublc Use Amrt or Arstro. An arport or arstrp open to the general publc and not requrng pror permsson of the owner andlor operator to land. Publc use at commercal arports are covered under the Arport Zonng Act of October 0, Prvate Use Aruort or Arstro. An arport or arstrp that restrcts usage to the owner andlor operator or to persons authorzed by the owner andlor operator. &!g- A publc or prvate way affordng only secondary means of access to abuttng property. Blteratlon. As appled to a buldng or structure, a change or rearrangement n the structural parts, or an enlargement, whether by extendng on a sde or by ncreasng n heght, or the movng from one locaton or poston to another. Anmal Hosutal. A buldng, structure, or area of land where anmals are gven medcal care other than the premses where such anmals are normally kept. The rasng and keepng of lvestock or poultry for any commercal purpose. The keepng of lvestock or poultry as farm pets or for domestc purposes pursuant to the regulatons of ths Ordnance and the rasng of garbage-fed pgs or mnks shall not be construed as anmal husbandry. Audtorum. A buldng contanng a stage and seatng for meetngs and performances. Auto Gas Staton. A place where only gasolne and a lmted selecton of automoble accessores are sold to the publc at retal. 2-5

15 t a ea. An open area, other than a street, used for the dsplay, sale, or rental of new or used motor vehcles, recreaton vehcles, or boats n operable condton, and where no major repar work s done. Buldngs and land where gasolne and other automoble parts and supples are sold at retal and where major repars are conducted. The dsmantlng or dsassemblng of motor vehcles or recreatonal vehcles to salvage parts therefrom. provded no vehcle or part shall be stored n the premses for more than sx (6) months. - A Buldngs and land areas where gasolne, ol. grease, batteres, tres or automoble accessores are suppled and dspensed at retal and where mnor repars are conducted. Uses permssble at a servce staton do not nclude major mechancal and body work, straghtenng of body parts, pantng, weldng, or other work nvolvng nose, glare, fumes, smoke, or other characterstcs to an extent greater than customary. Outsde storage of noperable or unlcensed vehcles at servce statons s lmted to a maxmum seven (7) day perod of tme for each such vehcle. A m The dsmantlng or dsassemblng of used motor vehcles or recreaton vehcles, or the storage, sale. or dumpng of dsmantled, partally dsmantled, obsolete or wrecked vehcles or ther parts. Bank. ncludes Savngs & Loan, Fnance Companes, Credt Unons and other smlar enterprses. Basement. A story n a buldng (excludng a subterranean buldng) whch has a structural celng fve (5 ) feet or more above the average level of f~shed grade abuttng the exteror wall(s) frontng on any road. A basement shall be counted as one story n determnng the permssble number of stores. Bed and Breakfast. The use and occupancy of a sngle-famly detached dwellng for accommodatng transent guests for rent. Bllboard. Any off-premses advertsng sgn wth a sgn area on any one sde of at least twenty (20) square feet. Block. Property bounded on one sde by a street, and on the other three (3) sdes by a street, ralroad rght-of-way, publc park, waterway, townshp lne, tract of land held n separafe ownershp. or any combnaton thereof. Board. The Zonng Hearng Board of the Townshp of New Castle. 2-6

16 Cultural Center. A buldng and/or land open to the publc whch contans exhbts of a cultural nterest, such as a museum, art gallery, nature study area, etc. Curatve Amendment. A proposed zonng amendment made to the Board of Supervsors by any landowner who desres to challenge on substantve grounds the valdty of an ordnance whch prohbts or restrcts the use or development of land n whch he has an nterest. Decson. Fnal adjudcaton of any board or other body granted jursdcton under any land use ordnance or ths act to do so, ether by reason of the grant of exclusve jursdcton or by reason of appeals from determnatons. All decsons shall be appealable to the court of common pleas. Detached. A state of beng surrounded on all sdes by yards. Determnaton. Fnal acton by an offcer, body or agency charged wth the admnstraton of any land use ordnance or applcatons thereunder, except the followng:. The Board of Supervsors; 2. The Zonng Hearng Board: or 3. The Plannng Commsson, only n and to the extent the Plannng Commsson s charged wth fnal decson on prelmnaly or fnal plans under the subdvson and land development ordnance. Determnatons shall be appealable only to the boards desgnated as havng jursdcton for such appeal. A porton of the terrtory of the Townshp wthn whch certan unform regulatons and requrements or varous combnatons thereof apply under the provsons of ths Ordnance. Prvewav. A prvately owned, constructed, and mantaned vehcular access from a street or access drve to three (3) or less off-street parkng spaces. Duma. A ste used prmarly for the dsposal by abandonment, dumpng, bural, burnng or other means and for whatever purpose of garbage, trash, junk, vehcles or parts thereof, or waste materal of any knd. P P L A buldng contanng one () or more dwellng unts. The term "dwellng" shall not be deemed to nclude automoble court, roomng house, tourst home, hotel, motel, hosptal, nursng home, dormtory, fraternty, sororty house, or other group resdence. 2-9

17 -. S A detached buldng contanng only one () dwellng unt. The term "Sngle Famly Detached Dwellng" shall be deemed to nclude a factory bult "Modular Home" placed on a permanent permeter foundaton. a. M J g ndustralzed Housne Act/Act 70). Any smcture desgned prmarly for resdental uccupancy whch s wholly or n substantal part made, fabrcated, formed or assembled n manufacturng facltes for nstallaton or assembly and nstallaton, on the buldng ste; housng unts defned as moble homes are excluded from ths defnton M A transportable, sngle famly dwellng desgned so that t can be used for permanent occupancy, contaned n one unt or n two unts desgned to be joned nto one ntegral unt capable of agan beng separated for repeated towng, whch arrves at a ste complete and ready for occupancy except for mnor and ncdental unpackng and assembly operatons and constructed wth a permanent foundaton. Moble/Manufactured Homes shall be constructed n accordance wth the Safety and Constructon Standards of the U. S. Department of Housng and Urban Development. The term "MoblelManufactured Home" shall not be deemed to nclude "Recreaton Vehcle" nor a "Modular Home" placed on a permanent permeter foundaton. l Two-Famlv Dwellne. A detached buldng contanng two (2) dwellng unts whch are entrely separated by vertcal walls or horzontal floors, unperced except for access to the outsde or to a common cellar. Each dwellng unt may be separately owned, provded that the area formed by the combned lots of both dwellng unts shall comply wth all requrements for a two-famly dwellng n that dstrct. MultDe Famlv Dwellne. A buldng contanng three (3) or more dwellng unts. Each dwellng unt may be separately owned, provded that the area formed by the combned lots of all dwellng unts n a multple famly dwellng shall comply wth all of the requrements for that type of multple famly dwellng n that dstrct. a. Mw-Rse MultDle Famlv Buldne. A Multple Famly Dwellng ncludng Townhouses, Garden Apartments, and other housng types whch do not contan more than sx (6) dwellng unts, does not exceed three (3) stores n heght, and n whch 2-0 a

18 each dwellng unt has an ndependent outsde access. () Garden ADartment. A Low-Rse Multple Famly Buldng n whch ndvdual dwellng unts are entrely separated by vertcal walls or horzontal floors, unperced except for access to a common cellar. (2) Townhouse. A Low-Rse Multple Famly Buldng n whch each dwellng unt extends from ground to roof and contans two (2) ponts of ndependent outsde access. b. Jaw-Rse Auartment. A Multple Famly Dwellng not exceedng three (3) stores n heght, n whch each dwellng unt shares a common outsde access wth at least one () other dwellng unt. c. Heh-Rse ADartment. A Multple Famly Dwellng over three (3) stores n heght, n whch each dwellng unt shares a common outsde access wth at least one () other dwellng unt and elevators serve each floor. we ln One or more rooms ntended to be occuped by one () famly as separate lvng quarters, contanng santary facltes, ktchen facltes, and havng outsde access drectly from the dwellng unt or through a common access hall. Famly. One () or more persons related by blood, marrage, or adopton (or a group of not more than fve (5) persons not related by blood, marrage, or adopton) lvng together n a sngle dwellng and mantanng a common household. The tern "famly" shall be deemed to nclude any domestc employees or gratutous guests, but shall not nclude any roomer, boarder, or lodger. Fast Food Restaurant. A buldng n whch food s prepared and served to the publc for consumpton, but where no waters or watresses take orders and serve food to seated patrons at tables, booths, or counter seats. Fence. A man-made barrer placed or arranged as a lne of demarcaton between lots or to enclose a lot or porton thereof. The term "fence" shall be deemed to nclude a wall. - p The total area of all floors, as measured to the outsde surfaces of exteror walls (or from the centerlne of party walls 2-

19 separatng two buldngs), but excludng cellas, crawl spaces, garages, carports, attcs wthout floors, open porches, balcones, and terraces. Government Servces and Facltes. Muncpal, County, State, or Federal government buldngs or facltes desgned and ntended to be occuped by the government or desgned and ntended for publc use sponsored by such governments. Grade. The elevaton of f~shed ground or pavng. GrouD Home. A buldng occuped as a resdence by no more tban sx (6) resdents who receve twenty-four (24) hour resdent supervson, lcensed under an applcable State program. pazardous Waste. Those wastes where sgnfcant potental exsts for causng adverse publc health or envronmental mpacts f the waste s bandled, stored, transported, treated, or dsposed of n a manner customarly accepted for ordnary sold wastes and subject to specal State or Federal lcensng. Heluon. An area of land, water or a structural surface whch s desgned, used or ntended to be used for the landng and take-off of helcopters, and any appurtenant areas whch are desgned to be used for helcopter support facltes such as mantenance, refuelng and parkng. All helports shall be approved and shall meet all the applcable State and Federal regulatons for ther use.. f J & Any helport open to the general publc and not requrng pror permsson of the owner andlor operator to land P Any helport that restrcts usage to the owner andlor operator or to persons authorzed by the owner and/or operator. Home OccuDaton. An accessory use for commercal gan customarly conducted wthn a dwellng whch s clearly ncdental and secondary to the use of the dwellng for dwellng purposes and does not change ts character.. An accessory use whch: s clearly ncdental to the resdental use of the dwellng unt: and 2. s not carred on a dwellng unt, lke a home occupaton, but may be admnstered out of the dwellng unt. &&& A buldng used for the dagnoss, treatment or other care of human 2-2 -c

20 alments. Unless otherwse specfed, "hosptal" shall be deemed to nclude a santarum. santorum, clnc, medcal center or other equvalent use. Hotel Motel). A buldng or group of buldngs whch contans sx (6) or more rental unts for overnght lodgng of travelers or for the temporary occupancy of transents, lcensed under applcable laws. bdervous Coverane. Any area covered by a structure or other cover whch s ncapable of beng penetrated by mosmre. Junk or Salvaee, Any dscarded materal or artcles ncludng scrap metallc or nonmetallc tems, abandoned vehcles and equpment, paper, glass, contaners, and structures. t shall not nclude refuse or garbage kept n a proper contaner for the purpose of prompt dsposal. J!. Any land or structure where junk or salvage s dscarded, bought, sold, exchanged, stored, baled, cleaned, packed, dsassembled, or handled. "Junk Yards" does not nclude those smcmres where used furnture or household equpment s stored, bought, or sold, nor those structures or land where automobles not abandoned are stored, bought, or sold. Kennel. Any lot on whch sx (6) or more adult (over sx (6) months of age) dogs or cats are kept. Ktchen Facltes. Shall consst of all the followng: snk wth pped water, a permanent cookstove and a refrgerator. Jand Develoument. Any of the followng actvtes:. The mprovement of one lot or two or more contguous lots, tracts or parcels of land for any purpose nvolvng: a. a group of two more resdental or nonresdental buldngs, whether proposed ntally or cumulatvely, or a sngle nonresdental buldng on a lot or lots regardless of the number of occupants or tenure: or b. the dvson or allocaton of land or space, whether ntally or cumulatvely, between or among two or more exstng or prospectve occupants by means of, or for the purpose of streets, common areas, leaseholds, condomnums, buldng groups or other features. 2. A subdvson of land. 2-3

21 3. The followng shall not be consdered a land development: a. the converson of an exstng sngle famly detached dwellng or sngle famly sem-detached dwellng nto not more than three resdental unts, unless such unts are ntended to be a condomnum; b. the addton of an accessory buldng, ncludng farm buldngs, on a lot or lots subordnate to an exstng prncpal buldng. Landowner. The owner of a legal or equtable nterest n land, ncludng the holder of an opton or contract to purchase whether or not such opton or contract s subject to any condtons or a lessee (f he s authorzed under the lease to exercse the rght of the landowner), or other person havng a propremy nterest n land. Lodene House. See "Boardng House." Any parcel or tract of land ntended as a unt of ownershp, transfer of ownershp, use. rent, mprovement or development. The term "lot" ncludes the word "plot." "parcel," and "tract." Contguous nonconformng lots under common ownershp shall be consdered one () lot.. Comer Lot. A lot stuated at and abuttng the ntersecton of two streets havng an nteror angle of ntersecton not greater than one hundred thrty-fve (35) degrees street). A lot other than a comer lot (whose sdes do not abut a peverse Frontaee Lots. Lots whch front on one publc street but provde vehcular access solely from another publc street at the rear of the lot. Throueh Lot. An nteror lot havng frontage on two (2) streets. bat Area. The area contaned wthn the lot lnes, excludng space wthn all exstng and future road rghts-of-way. Lot Deuth. The mean average horzontal dstance between the front and the rear lot lnes. The property lnes boundng the lot.. Front Lot Lne (Street LneL A lot lne separatng the lot from a street 2-4 J

22 rght-of-way. The front lot lne shall be the same as an exstng or future rght-of-way lne (whchever establshes a greater wdth). c pear Lot L ne, A lot lne opposte and most dstant from the front lot lne. (A three (3) sded lot has no rear lot lne.) Sde Lot Lne. Any lot lne other than a front or rear lot lne. A "sde street lot lne" s a sde lot lne separatng a lot from a street. SAMPLE LOT CONFGURATONS: NUMBERS CORRESPOND TO THE ABOVE DEFNTONS Lot Wdth. The horzontal dstance between the sde lot lnes measured along the mnmum prescrbed front yard setback lne as set forth n the Townshp Zonng Ordnance. SlE M L l t -4 Fgure 2 2-5

23 M & l nclude major mechancal and body work, straghtenng of body parts, pantng, weldng, storage of automobles not n operatng condton, or other work nvolvng nose, glare, fumes, smoke or other characterstcs to an extent greater than normally found n servce statons. Massage Parlor. Any place or establshment where a massage s avalable. A massage beng construed to mean the performance of manpulatve exercses upon the human body of another by rubbng, kneadng, strokng or tappng wth the hand or hands or wth any mechancal or bathng devce wth or wthout supplementary ads, ncludng, but not by way of lmtaton, a massage school. Medcal Offce Buldne. A buldng used exclusvely by physcans and dentsts for treatment and examnaton of patents, provded that no overnght patents shall be kept on the premses. MembershD Club. An area of land or buldng owned, leased, or occuped by an assocaton of persons, operated solely for a recreatonal, socal, fraternal, relgous, poltcal or athletc purpose, and whose actvtes are confned to the members and guests and are not extended to the general publc. wneras. The term "mnerals" ncludes, but s not lmted to, anthracte and bnmnous coal, lgnte, lmestone and dolomte, sand, gravel, rock, stone, earth, slag, ore, vermculte, clay and other mneral resources. Mneral PreDaraton. An operaton n whch mnerals are subject to chemcal or physcal processng or cleanng, concentratng or other processng or preparaton. The term ncludes a faclty assocated wth the mneral preparaton actvty and the actvty by whch the land surface has been or s dsturbed as a result of or ncdental to mneral preparaton actvty of the operator, ncludng, but not lmted to, the followng: 2-6 3

24 . Prvate ways and roads appurtenant to the area, land excavatons and loadng facltes. 2. Sheds, shops and other buldngs. 3. Storage and stockple facltes. 4. Water treatment and water storage facltes. 5. Settlng basns and mpoundments. 6. Areas n whch are stuated facltes, equpment, machnes, tools or other materals or property whch results from, or are used n, the mneral preparaton actvty. Mn-WarehouselSelf-Storage DeveloDment. A buldng or group of buldngs dvded nto ndvdual separate access unts whch are rented or leased for the storage of personal property. Mnor Auto ReDars and Servces. ncludes c' Sale and servcng of spark plugs, batteres and dstrbutors and dstrbutor parts; Tre servcng and repar, but not recappng or regroovng; Replacement of mufflers and talppes, water hoses, fan belts, brake flud, lght bulbs, fuses, floor mats, seat covers, wndsheld wpers and wper blades, grease retaners, wheel bearngs, mrrors and the lke: Radator cleanng and flushng; Washng and polshng and sale of automotve washng and polshng materals; Greasng and lubrcaton; Provdng and reparng fuel pumps, ol flters and lnes; Mnor servcng and repar of carburetors; Emergency electrcal repars; 2-7

25 Adjustng and reparng brakes; Mnor motor adjustment not nvolvng removal of the head or crankcase or racng the motor; Mn grocery store wth sales of packaged foods,beverages, tobacco and smlar convenence goods for flng staton customers, as accessory to prncpal operaton; and Provson of road maps and other nformatonal materal to customers; provson of restroom facltes. Moble Home Park. A parcel of land under sngle ownershp whch has been planned and mproved for the placement of two (2) or more moble homes for nontransent resdental use. Motel. See "Hotel." Notor FreehtlTruck Termnal. The buldng plus contnuous space to whch freght s brought for transfer, assembly and sortng for shpment by motor truck. yonconfoxmne Lot. A lot whch does not conform wth the mnmum lot wdth, or area dmensons specfed for the dstrct where such lot s stuated, but was lawfully n exstence pror to the effectve date of ths Ordnance or s legally establshed through the grantng of a varance by the Board. Contguous nonconformng lots under common ownershp shall be consdered one () lot. A structure whch could not he bult under ths Ordnance by reason of restrctons on area, lot coverage, heght, yards, or other characterstcs of the structure or ts locaton on the lot, but was lawfully n exstence pror to the effectve date of ths Ordnance. J-4onconfonnne Use. A use whch does not comply wth the applcable use provsons of ths Ordnance, but whch was lawfully n exstence pror to!he effectve date of ths Ordnance. The rasng of trees (for transplantng), ornamentals, shrubs, flowers or houseplants for any commercal purpose. Bursne Home. A buldng contanng sleepng rooms used by elderly persons who are lodged and furnshed wth meals wth or wthout nursng care. offce. A buldng n whch a busness s conducted, but s not a personal 2-8

26 /[ servce, professonal servce, or retal store. The Offcal Map as adopted or amended by the Board of Supervsors showng the characterstcs of streets, watercourses, and publc grounds. - 0 The map as adopted or amended by the Board of Supervsors classfyng the streets of the Townshp nto functonal categores. Qffcal Zonne Man The map as adopted or amended by the Board of Supervsors whch desgnates the locaton and boundares of zonng dstrcts. men SDace. The area of a lot unoccuped by prncpal or accessory structures, streets, drveways or parkng areas; but ncludes areas occuped by walkways, patos, porches wthout roofs, playgrounds, outdoor recreaton or play apparatus, gardens or trees. %en Suace. Common. A parcel or parcels of land, or an area of water, or a combnaton of land and water wthn a development ste whch s open space desgned and ntended for the use or enjoyment of resdents of a development. Orchard. The rasng and keepng of tree crops for any commercal purpose. ordnance. The New Castle TownshD Zonne Ordnance, ncludng the Offcal Zonng Map, Offcal Street Classfcaton Map, and any amendments enacted by the Board of Supervsors. && Any area whch s predomnantly open space, s used prncpally for actve or passve recreaton, and s not used for a proft-makng purpose. Parkne Facltes. Outdoor areas or specally desgned buldngs or garages used for the storage of vehcles. Permt. A document ssued by the proper Townshp authorty authorzng the applcant to undertake certan actvtes.. Dnnp Permt, A permt ssued ndcatng that a proposed use, buldng or structure s n accordance wth the Zonng Ordnance whch authorzes an applcant to proceed wth sad use, buldng or structure. 2. Buldng Permt. A permt ndcatng that a proposed constructon, alteraton or reconstructon of a structure s n accordance wth the constructon provsons of any Buldng Code whch may be adopted by 2-9

27 3. the Townshp whch authorzes an applcant to commence wth sad constructon, alteraton or reconstructon. Occuoancv Permt. A permt ssued upon completon of the constructon of a structure, or change n use of structure or parcel of land, or reoccupancy of a StruCtuTe or land ndcatng that the premses comply wth the provsons of the Zonng Ordnance and may be used for the purposes set forth n the Occupancy Permt. Permtted Use. A use whch does not requre specal acton by the Zonng Hearng Board or by the Board of Supervsors before a zonng permt s granted by the Zonng Offcer. Person An ndvdual, partnershp, organzaton, assocaton, trust, or corporaton. When used n a penalty provson, person shall nclude the members of such partnershp, the trustees of such trust, and the offcers of such organzaton, assocaton, or corporaton. A buldng n whch a busness provdes a servce orented to personal needs whch do not nvolve prmarly retal sales of goods or professonal advsory servces. Personal servces nclude barber and beauty shops, shoe repar shops, household applance repar shops, and other smlar establshments. Pcnc Grove. An area of land whch s commercally rented for pcncs. Planned DeveloDment. An area of land under sngle ownershp contanng any combnaton or two (2) or more prncpal uses permtted by rght, as a specal excepton, or as a condtonal use n the dstrct n whch the development s proposed, provded a specal excepton or condtonal use approval must be obtaned for any proposed use so lsted n the regulatons of the dstrct n whch the development s proposed. Planned Resdental DeveloDment (PRD). An area of land controlled by a sngle, landowner, to be developed as a sngle entty for a number of dwellng unts n a varety of housng types, and whch has a development plan that does not comply wth regulatons on lot sze, bulk or type of dwellng, densty, lot coverage or requred open space, whch apply to any sngle resdental dstrct created from tme to tme by the Zonng Ordnance. plannng Commsson. The Plannng Commsson for the Townshp of New Castle. pond A man-made body of water at least two thousand (2,000) square feet, n 2-20 P P

28 [ E' ' E' ' ( ' - area used for agrcultural or recreatonal purposes. PrncDal Buldne. The buldng n whch the prncpal use of a lot s conducted. PrncDal Use. The sngle domnant use or sngle man use on a lot. Professonal Offce. A buldng n whch servces are performed by a member of a professon, ncludng but not lmted to an accountant, archtect, author, communty planner, dentst, engneer, nsurance agent, landscape archtect, lawyer, mnster, notary, optometrst, physcan, realtor, or undertaker.,publc Hearne. A formal meetng held pursuant to publc notce by the Board of Supervsors, Plannng Commsson and Zonng Hearng Board, ntended to nform and obtan publc comment, pror-to takng acton n accordance wth ths act., P u m A forum held pursuant to notce under the act of July 3, 986 (P.L. 388, No. 84). known as the "Sunshne Act". Publc Notce. Notce publshed once each week for two successve weeks n a newspaper of general crculaton n the Townshp. Such notce shall state the tme and place of the hearng and the partcular nature of the matter to be consdered at the hearng. The frst publcaton shall not be more than thrty (30) days and the second publcaton shall not be less than seven (7) days from the date of the hearng. RadolTV Transmtter. Any structure used for the transmsson or retransmsson of a commercal rado or TV broadcast sgnal. Recreatonal Vehcle. A vehcle (regardless of sze) whch s desgned as a temporary dwellng for travel, recreatonal and vacaton uses (regardless of whether t n self-propelled or s desgned to be towed or carred by another vehcle). "Recreatonal Vehcle" ncludes campers, pckup coaches, travel tralers, or motor homes. Rental Unt. One or more rooms ntended to be occuped by one () famly as separate lvng quarters, but does not contan one () or more of the followng: santary facltes, ktchen facltes or drect access from the outsde or through a common hall. ReDort. Any letter, revew, memorandum, complaton or smlar wrtng made by any body, board, offcer or consultant other than a solctor to any other body, board, offcer or consultant for the purpose of assstng the recpent of 2-2

29 A such report n the renderng of any decson or determnaton. All reports shall be deemed recommendatory and advsory only and shall not be bndng upon ther recpent, board, offcer, body or agency, nor shall any appeal le therefrom. Any report used, receved or consdered by the body, board, offcer or agency renderng a determnaton or decson shall be made avalable for nspecton to the applcant and all other partes to any proceedng upon request, and copes thereof shall be provded at cost of producton. Restaurant. An establshment used for the purpose of furnshng meals to the publc where customers place ther orders and food s served for consumpton ether at seatng areas wthn the buldng or for take-out for consumpton off the premses.. ~ restaurant provdng servce to customers remanng seated n automobles, ether through an exteror wndow or servce area or through servce to parked automobles. Retal Store. A buldng n whch retal merchandse s sold or rented, except for any type of busness sellng any type of retal merchandse whch s specfcally lsted n ths Ordnance. &- The commercal boardng or rentng of horses. Reht-of-Wav. Land reserved for the publc or others for future use as a street or other purpose. - R See "Boardng House. ' - 8 All of the followng: snk wth pped water, a tolet, and a bathtub or shower wth pped water. $antam Landfll. An area where garbage, trash, or junk s dsposed of by bural n conformance wth State regulatons, but shall not nclude the dsposal of hazardous materals or radoactve materals. Screen. A fence or natural obstructon of suffcent heght (but not less than sx (6') feet hgh) to effectvely vsually obscure the area beng screened from adjonng areas. - 5 uc arket. An accessory use for the sale of dary, farm, greenhouse, or nursery products. Sewage DsDosal Svstem. A system desgned to collect, treat, and dspose of 2-22

30 sewage from users n complance wth regulatons of the approprate state agency and of the Townshp.. A Sewage Dsposal System whch collects, treats, and dsposes sewage from more than one () dwellng, prncpal use, or lot. a. - h A Centralzed Sewage Dsposal System owned and operated by a publc authorty A Sewage Dsposal System whch collects, treats, and dsposes of sewage or holds sewage from only one () dwellng, prncpal use, or lot. A vsual dsplay or mage whch s affed to, panted, or represented drectly or ndrectly upon a buldng, svucture, land, or any surface and whch drects attenton to an object, product, servce, place, actvty, person, nsttuton, organzaton, or busness, regardless of whether such dsplay or mage s permanent or temporary, but excludng dsplays or mages whch are decoratve only Off-Premses Sen. A sgn whch drects attenton to an object, product, servce, place, actvty, person, nsttuton, organzaton, or busness located or offered elsewhere than upon the premses where the sgn s located, or to whch t s affed. On-Premses Sen. A sgn whch drects attenton to an object, product, servce, place, actvty, person, nsttuton, organzaton, or busness located or offered on the premses upon whch the sgn s dsplayed or to whch the sgn s affxed (ncludng sgns offerng premses for sale, rent or development, or advertsng buldng trades durng constructon or alteraton). Free-Standne Sen. A sgn whch s not attached to a buldng. Wall Sen. A sgn whch s attached to or s part of the facade of a buldng and does not extend more than one ( ) foot from such facade Wndow Sen. A sgn affed to or vsble through a wndow of a buldng and that can be read from beyond the lot lnes of the use. The gross surface area of a sgn shall be the entre area wthn a sngle contnuous permeter enclosng the extreme lmts of such sgn and n no case passng through or between any adjacent elements of 2-23

31 the sgn. However, such permeter shall not nclude any structural or framng elements lyng outsde the lmts of such sgn and not formng an ntegral part of the dsplay. - $ An area of land controlled by a sngle landowner to be developed as a sngle entty for a number of sngle famly detached dwellngs n complance wth the regulatons contaned n Appendx A. Ste Alteraton. ncludes regradng the exstng topography, fllng lakes, ponds, marshes or floodplans, clearng vegetaton or alterng watercourses. Normal agrcultural tllage operatons are not consdered to be ste alteratons. - e t S The Plan submtted for ste plan revew, prepared n accordance wth the requrements of Secton 409 C. Solar Access. The capablty of recevng drect sunlght between 9:OO a.m. and 3:OO p.m. Solar Tme on any area of a lot not wthn requred yard areas. Sold Waste DsDosal Area or Facltv. A place, ncludng but not lmted to a santary landfll where garbage, trash or junk s dsposed of or s processed or recycled for dsposal or reuse. Such use shall not nclude the dsposal or processng of hazardous or radoactve materals. Suecal Excmton Use. A use for whch the Zonng Hearng Board may grant permsson followng a publc hearng and fndngs of fact consstent wth ths Ordnance, provded the use comples wth the condtons and standards requred by ths Ordnance. Swcfed Anatomcal Areas. Less than completely and opaquely covered human gentals, pubc regon, buttocks, anus, female breasts below a pont mmedately above the top of areolae, andlor human male gentals n a dscernble turgd state, even f completely and opaquely covered. Swcfed Sexual Actvtes. For the purposes of ths Ordnance, ths term shall nclude any of the followng:. Actual or smulated sexual ntercourse, oral copulaton, anal ntercourse, oral anal copulaton, bestalty, drect physcal stmulaton of unclothed gentals, flagellaton or torture n the context of a sexual relatonshp, or the use of excretory functons n the context of a sexual relatonshp, and any of the followng depcted sexually orented acts or conduct: anlngus, buggery, coprophagy, coprophla, cunnlngus, fellato, necrophla, pederasty, pedophla, pquersm sapphsm !

32 zooerasty; or Clearly depcted human gentals n a state of sexual stmulaton, arousal or tumescence; or Use of human or anmal masturbaton, sodomy, oral copulaton, cotus, ejaculaton; or -* Fondlng or touchng of nude human gentals, pubc regon, buttocks or female breast; or Masochsm, erotc or sexually orented torture, beatng, or the nflcton of pan; or Erotc or lewd touchng, fondlng or other contact wth an anmal by a human beng; or Human excreton, urnaton, menstruaton, vagnal or anal mgaton. - S That porton of a buldng, ncluded between the surface of any floor and the celng next above t, havng a vertcal dstance of not less than seven (7') feet shall be consdered a full story. Any such porton of a buldng havng a vertcal dstance of less than seven (7') feet shall be consdered a halfstory. Basements shall be consdered full stones whle cellars shall not be consdered as beng stores or half-stores. - Street. A publc or prvate thoroughfare whch affords the prncpal means of access to abuttng property and contans a rght-of-way area (n addton to the cartway); ncludng avenue, place, way, parkway, lane, boulevard, hghway, road and any other thoroughfare except an alley, access drve, or drveway.. Arteral. Streets desgned prmarly to carry medum to heavy volumes of traffc at moderately hgh speeds, and generally should not provde access to land whch would nterfere wth ther prmary traffc functons. Arteral Streets are those streets whch are so desgnated on the Offcal Street Classfcaton Map of ths Ordnance Streets desgned to wry a moderate volume of traffc between Local Streets and Arterals at moderate speeds, and provde only lmted vehcular access to the abuttng propertes. Collector Streets are those streets whch are so desgnated on the Offcal Street Classfcaton Map of ths Ordnance. Local Street. Streets desgned to provde drect access from abuttng 2-25

33 propertes to Collector and Arteral Streets. Local Streets are those streets whch are so desgnated on the Offcal Street Classfcaton Map of ths ordnance. &uctural Alteraton. Any change n the structural parts of a structure such as walls, columns, beams, grders, floors, roof or celng, or any addton to any structure; or the movng of a structure from one locaton to another. "Structural Alteraton" does not nclude normal mantenance, mnor repars or nteror alteratons. structure. Any man-made object havng an ascertanable, statonary locaton on or n land or water, whether or not affxed to the land. The term structure shall nclude; buldng, sgns, fences, walls, towers, swmmng pool, porches, garages, and smlar structures. "Structure" shall be nterpreted as ncludng the words "or part thereof. " Subterranean Buldn% A buldng covered by land on at least ffty (50%) percent of the total surface of ts walls and roof. - S Actvtes whereby mnerals are extracted from the eanh or from waste or stock ples or from pts or banks by removng the strata or materal whch overles or s above or between the mnerals or otherwse exposng and retrevng the mnerals from the surface, ncludng, but not lmted to, strp, auger mnng, dredgng, quarryng and leachng, and surface actvty connected wth surface or underground mnng, ncludng, but not lmted to, exploraton, ste preparaton, entry, tunnel, slope, shaft, drft and borehole drllng and constructon and related actvtes thereto. The term does not nclude portons of mnng operatons carred out beneath the surface by means of shafts, tunnels or other underground mne openngs. The term ncludes actvtes n whch the land surface has been or s dsturbed as a result of, or ncdental to, surface mnng operatons, land excavatons, workngs, refuse banks, spol banks, culm banks, talngs, repar areas, storage areas, processng areas, shppng areas and areas n whch facltes, equpment, machnes, tools or other materals or properly whch result from, or are used n, surface mnng actvtes are stuated. Swmmne Club. An area contanng a swmmng pool whch s used by the publc or by members for a fee. Swmmng Pool. A body of water or receptacle for water havng a depth at any pont greater than thrty (30") nches whch s prmarly used or ntended to be used for swmmng or bathng. Temoorarv OccuDancv (Seasonal occuoancvl. The use of any premses or 2-26 C. _. 3!

34 structure for lvng andlor sleepng purposes for less than one hundred (00) consecutve days n any calendar year. Tem~orarv Structure.. A structure whch s not desgned to last or to be used for a specfc use for more than one () year. Townsho. The Townshp of New Castle, Schuylkll County, Pennsylvana. Traler. See "Moble Home" (lsted under "Dwellng") and "Recreaton Vehcle. " TravelTraler. See "Recreaton Vehcle." f - t: -! t f Use. Any actvty, occupaton, busness, or operaton carred on or ntended to be carred on n a Structure or on a lot. Undereround Mneral Extracton. ncludes the followng: Surface operatons ncdent to underground extracton of mnerals or n stu processng, such as constructon, use, mantenance and reclamaton of roads, aboveground repar areas, storage areas, processng areas, shppng areas, areas upon whch are sted support facltes, ncludng host and ventlatng ducts, area used for the dsposal and storage of waste and areas on whch materals ncdent to underground mnng operatons are placed. Underground operatons such as underground constructon, operaton and reclamaton of shafts, adts, underground support facltes, n stu processng and underground mnng, haulng, storage and blastng. Operaton of a mne, ncludng preparatory work n connecton wth the openng and reopenng of a mne, backfllng, sealng and other closng procedures, and any other work done on land or water n connecton wth a mne. Varance. The grantng of permsson by the Zonng Hearng Board to use or alter land or structures whch requres a varaton from the strct applcaton of a requrement of the Zonng Ordnance. Varances are granted only n the case of exceptonally rregular, MTOW, shallow or steep lots, or other exceptonal physcal condtons, whereby strct applcaton of regulatons would result n practcal dffculty and unnecessary hardshp. Varances are granted only f specfc requrements are met. A varance may not be granted to permt a use whch s not permtted n the Zonng Dstrct nvolved. 2-27

35 Veternaran Offce. See "Anmal Hosptal. " Water Suuulv Svstem. A system desgned to transmt water from a source to users, n complance wth the requrements of the approprate state agences and the Townshp.. Centralzed Water Suuulv Svstem, A Water Supply System whch transmts water from a common source to more than one () dwellng, prncpal use, or lot. a. Bblc Water Su~ulv Svstem. A Centralzed Water Supply System owned and operated by a publc authorty. 2. tem A Water Supply System whch transmts water from a source on the lot to one () dwellng, prncpal use, or lot. Yard. An open space on the same lot wth a structure (or a group of structures) except sgns, and a lot lne and whch s occuped and unobstructed from the ground upward except as heren permtted.. Front Yard. A yard extendng the full wdth of the lot between a structure and the front lot lne or sde street lot lne. 2. Rear Yard. A yard extendng the full wdth of the lot between a structure and a rear lot lne. 3. Sde Yard. A yard extendng from the front yard to the rear yard between a structure and the nearest sde lot lne. See "Dstrct." Zonne Hearne Board. See "Board." - a The admnstratve offcer charged wth the duty of enforcng the provsons of the Zonng Ordnance R 4

36 ARTCLE 3 ZONNG DSTRCTS AND USE REGULATONS 30. ESTABLSHMENT OF ZON N G DSnUCTS; A. For the purpose of ths Ordnance, zonng dstrcts are hereby establshed as follows: B. C Conservaton Dstrct ndustral Dstrct ME Mneral Extracton Dstrct R Resdental Dstrct R-ME Resdental-Mneral Extracton Dstrct RS Resdental Suburban Dstrct Specal Busness Dstrct SB For the purposes of ths Ordnance, the zonng dstrcts named n Secton 30.A. shall be of the number, sze, shape and locaton shown on the "Offcal Zonng Map" adopted and ncluded n ts entrely as a part of ths Ordnance ApP LCATON OF DSTRCT REGULATONS. A. Unless otherwse provded by law or specfcally n ths Ordnance, no land or buldng or structure shall be used or occuped except for a use permtted n the zonng dstrct wthn whch the land or buldng or structure s located. B. The regulatons set by ths Ordnance shall apply unformly to each class or knd of structure or land, except as provded for n ths Ordnance. C. No buldng, structure, or land shall hereafter be erected, constructed, reconstructed, moved, or structurally altered and no buldng or structure or part thereof shall hereafter be used or occuped unless t s n conformty wth the regulatons heren specfed for the use and dstrct n whch t s located. 3-

37 D. No part of yard, or other open space or off-street parkng or loadng space requred about or n connecton wth any buldng for the purpose of complyng wth ths Ordnance, shall be ncluded as part of a yard, open space, or off-street parkng or loadng space smlarly requred for any other buldng. E. F ZONNG MAP. No yard or lot exstng at the tme of passage of ths Ordnance shall be reduced n dmenson or area below the mnmum requrements set forth heren. Yards or lots created after the effectve date of ths Ordnance shall meet at least the mnmum requrements establshed by ths Ordnance. Any terrtory whch may hereafter be annexed to the Townshp shall be classfed as the zonng dstrct of the Townshp most smlar to the zonng of such terrtory before annexaton (as determned by the Zonng Hearng Board) untl otherwse classfed. A. A map enttled, "Zonng Map for the Townshp of New Castle" accompanes ths Ordnance and s declared a part of ths Ordnance. B. The Offcal Zonng Map shall be dentfed by the sgnature of the Chaan of the Board of Supervsors attested by the Townshp Secretary, and shall bear the adopton date of ths Ordnance and the seal of the Townshp under the followng words: "Ths s to certfy that ths s the Offcal Zonng Map adopted (date) as part of the New Castle Townshp Zonng Ordnance. " B - C. D. Changes of any nature to the Offcal Zonng Map shall be made n conformty wth the Amendment procedures set forth n ths Ordnance. A changes shall be noted by date wth a bref descrpton of the nature of the change. Regardless of the exstence of purported copes of the Offcal Zonng Map whch may from tme to tme be made or publshed, the Offcal Zonng Map shall be located n the Townshp Offce and shall be the fnal authorty on boundares and dstrcts. The Zonng Offcer shall have a certfed copy of the Offcal Zonng Map for offcal use. E.. f the Offcal Zonng Map becomes damaged, destroyed, lost or dffcult to nterpret because of changes and addtons, the Board of Supervsors may, by resoluton, adopt a new Offcal Zonng 3-2

38 Map whch shall supersede the pror Offcal Zonng Map. 2. The new Offcal Zonng Map may correct draftng or other errors or omssons n the pror Offcal Zonng Map, but no such correcton shall nclude an amendment thereof. lb ' 3. The new Offcal Zonng Map shall be dentfed by the sgnatures of the Board of Supervsors, attested to by the Townshp Secretary, and bearng the followng words: "Ths s to certfy that ths Offcal Zonng Map supersedes and replaces the Offcal Zonng Map adopted (date) as part of the New Castle Townshp Zonng Ordnance. " 4. Unless the pror Offcal Zonng Map has been lost or has been totally destroyed, the pror map or any part or parts thereof remanng shall be preserved together wth all avalable records pertanng to ts adopton or amendment RULES FOR NTERPRETNG DSTRCT BOUNDARES. A. Zonng boundares drawn approxmately followng the centerlnes of streams, dranageways, streets, alleys, ralroads or other rghts-of-way shall be construed to follow such centerlnes. n the event of any change n the centerlne, the zonng boundary shall be construed as movng wth the actual centerlne. B. C. D. Boundares approxmately followng property lot lnes shall be construed as allowng such property lot lnes. Dstances not specfcally ndcated on the Offcal Zonng Map shall be determned by the scale of such map. Where physcal features exstng on the ground vary wth those shown on the Offcal Zonng Map, or n other crcumstances not covered by subsectons A through C above; the Zonng Hearng Board shall nterpret the dstrct boundares. 3-3

39 305. CONSERVATON DSTRC T CCL c A. frnose. Ths Dstrct s ntended to protect the scenc, recreatonal and envronmental resources of New Castle, whle allowng for the contnuaton of lmted, large lot sngle famly resdental uses. The Conservaton Dstrct s ntended to drect most types of development away from the steeply sloped areas to more approprate areas of the Townshp. B. Uses Permtted bv Reht. Each of the followng prncpal uses and ther accessory uses are permtted by rght n the Conservaton Dstrct by the Zonng Offcer, provded that the use type, dmensonal, and all other applcable requrements of ths Ordnance are satsfed: Agrculture Anmal Husbandry * Commercal Crop Storage * Golf Course * Greenhouse/Nursery * MoblelManufactured Homes * Orchard Prvate Campground * Publc Recreaton Sngle Famly Detached Dwellng Townshp Park Wldlfe Sanctuary * *See Secton 32 for addtonal requrements. Each of the followng prncpal uses and ther accessory uses may be permtted n the Conservaton Dstrct by the Zonng Hearng Board n accordance wth the standards contaned n Secton 33 of ths Ordnance: C. s m. D.. Commercal Outdoor Recreaton 2. Gun Club/Outdoor Target Range 3. Kennel 4. Membershp Club 5. Muncpal Use 6. Rdng Stable 7. Swmmngclub Condtonal Uses. Each of the followng prncpal uses and ther accessory uses may be permtted n the Conservaton Dstrct when 3-4 rc -

40 , ' authorzed by the Board of Supervsors n accordance wth the standards contaned n Secton 34 of ths Ordnance:. Commercal Forestry 2. Fre Staton 3. RadolTelevson Transmtter or Commercal Communcatons Tower Sngle Famly Detached Cluster Development** Surface Mneral Extracton Underground Mneral Extracton Utlty Substaton /-- **See Appendx A for addtonal requrements. E. Accessorv Uses.. Each accessory use n the Conservaton Dstrct shall comply wth the mnmum yard requrements of Secton 305.G.. except as specfcally provded for n ths Ordnance. 2. Each of the followng accessory uses shall be permtted n the Conservaton Dstrct only f such use comples wth the relevant standards contaned n Secton 35 of ths Ordnance: ' ' ; a. b. C. d. e. f. 8. h.. j. k.. m. n. 0. P. 9. r. S. t. Accessory Structure or Use Bed and Breakfast Use Bus Shelter Crop Storage Fence and Wall Home Gardenng, Nursery or Greenhouse Home Occupaton Keepng Anmals and Pets Noncommercal Swmmng Pool Off-street Parkng, n accordance wth Artcle 7 Pond RadolTelevson Transmtter or Recever Recreatonal Vehcle Seasonal Roadsde Stands Sgns, n accordance wth Artcle 6 Solar Energy System Temporary Structure or Use Tenns Court Wndmll Accessory uses and structures whch are clearly ' 3-5

41 . 3. customary and ncdental to the prncpal use. Each of the followng accessory uses are prohbted n the Conservaton Dstrct: a. Any use whch voates a provson of Artcle 4 or 5 b. Commercal or ndustral Outdoor Storage or Dsplay E. Dump d. Sold Waste Dsposal Area/Faclty F. e ht e lat ns.. Each of the followng dmensonal requrements shall apply to each use n the Conservaton Dstrct, except as specfcally provded for n ths Ordnance: Mnmum Mnmum Maxmum Maxmum Prncpal Lot Area Lot Wdth* Buldng Buldng Use (Sq. Ft. (Feet) Coverage (%) Heght (Ft) Any Use 435, (0 Acres) *Measured at the Mnmum Front Yard lsted n Secton 305.G. for the partcular use. 2. The Zonng Hearng Board may allow a reducton n the mnmum lot area and lot wdth and an ncrease n the maxmum buldng coverage requrements of Secton 305.F.l.. as a specal excepton, provded the followng procedures and condtons are met: a. b. c. The procedures outlned n Secton 33.B., C. and D. shall be followed. A ste plan shall be submtted n accordance wth Secton 409. The ste plan shall be made from accepted on-ste survey technques by a qualfed engneer, surveyor or sol scentst. n preparng the ste plan, two (2 ) foot contour ntervals shall be used and steep slope areas between ffteen (5%) percent and twenty-fve (25%) percent and areas over twenty-fve (25%) percent shall be dentfed. Wet sol areas shall also be dentfed on the ste plan. The Zonng Hearng Board may alter any or all of the 3-6

42 d. e. f. g. h. dmensonal requrements of Secton 305.F.., except that the mnmum lot sze shall not be reduced to less than one and one-half ( 2) acres, the mnmum lot wdth shall not be reduced to less than one hundred (00') feet and the maxmum buldng coverage shall not exceed ten (0%) percent. The Zonng Hearng Board may requre addtonal standards and safeguards. No buldng ste wthn the lot may exceed a natural slope of twenty (20%) percent. For the purpose of ths secton, the defnton of buldng ste shall be the land area proposed to nclude the actual locaton of a prncpal budng and an area of twenty-fve (25') feet around all outsde walls of such buldng. n all areas of slope greater than ffteen (5%) percent, care shall be used n constructon, beyond what s normally requred, to manage storm water runoff and to prevent eroson. The Zonng Offcer may requre that the Ste Plan and a Sol and Eroson Control Plan be submtted to the County Conservaton Dstrct and/or the Townshp Engneer for a revew. Eanhmovng actvty, constructon or substantal removal of vegetaton shall not occur on greater than twenty (20%) percent of a lot. All regulatons of PA Department of Envronmental Resources shall be compled wth and the lot must pass a sol percolaton test. The grade of the access drves or drveways leadng to the buldng ste shall not exceed ffteen (5%) percent. G. Mnmum Yard Reourements. Each of the followng mnmum yard requrements shall apply to each use n the Conservaton Dstrct, except as specfed n ths Ordnance: Front Yard* Each Sde Yard Rear Yard Use (Feet) (Feet (Feet) *The decth at whch the mnmum lot wdth shall be measured. 3-7

43 306. JNDUSTRAL DSTRCT fl)% A. Pumose. Ths Dstrct s ntended to provde opportuntes for lght and heavy ndustry and to prevent conflcts between these uses and adjacent uses. B. uses Permtted bv R 'eht. Each of the followng prncpal uses and ther accessory uses are permtted by rght n the ndustral Dstrct by the Zonng offcer, provded that the use type, dmensonal, and all other applcable requrements of ths Ordnance are satsfed: Agrcultural ndustry * Assembly and Packagng Establshments Auto Repar/Body Shop * Bakery Ceramc Products ndustry Commercallhdustral Machnery SaleslServce Commercal Crop Storage * Constructon Company Fuel Ol Company * Furnture Manufacturng GreenhouselNursery * Lumber Yard * Metal Fabrcatoflrocessng Mllwork and Other Wood Products Manufacturng Mn-WarehouselSelf-Storage Development * Motor Freght Termnal * Offce Orchard PlastcslRubber Products ndustry Prntng or Publshng Establshment Research, Engneerng, or Testng Laboratores Sawmll/Planng Mll ScentfclElectronc nstruments Manufacturng TextlelGarment ndustry Warehousng * Wholesale Trade * *See Secton 32 for addtonal requrements. C. SDecal Exceuton Uses. Each of the followng prncpal uses and ther accessory uses may be permtted n the ndustral Dstrct by the Zonng Hearng Board n accordance wth the standards contaned n Secton 33 of ths Ordnance: 3-8

44 a Auto Salvage or Wreckng Bottlng ndusuy Chemcal Products ndustry Commercal Forestry Food Processng Helport Junk Yard PaperlPulp Mll RadolTV Transmtter or Commercal Communcatons Tower Slaughter House(Commercal) Tank Farm Trade School D. condtonal Uses. Each of the followng prncpal uses and ther accessory uses may be permtted n the ndustral Dstrct when authorzed by the Board of Supervsors n accordance wth the standards contaned n Secton 34 of ths Ordnance: a. 9. Any ndustral or commercal use not lsted n Secton 307. B. or C. Cogeneraton Plant Fre Staton Planned ndusuallbusness Park Publc Utlty Faclty Sold Waste Dsposal AreaFaclty Surface Mneral Extracton Underground Mneral Extracton Utlty Substaton E.,4ccessorv Uses.. Each accessory use n the ndustral Dstrct shall comply wth the mnmum yard requrements contaned n Secton 306.G.. except as otherwse provded for n ths Ordnance. 2. Each of the followng accessory uses shall be permtted n the ndustral Dstrct only f such use comples wth the relevant standards contaned n Secton 35 of ths Ordnance: a. Bus Shelter b. c. Cafetera, Chld Care Center or Recreaton Facltes for Employees Only Dwellng Unt as an Accessory Use to a Nonresdental Use. 3-9

45 d. d. e. f. 8. h.. j. k.. Fences and Walls Keepng of Anmals and Pets Off-street Parkng & Loadng, n accordance wth Artcle 7 Outdoor Storage or Dsplay RadoTelevson Transmtter or Recever Sgns, n accordance wth Artcle 6 Solar Energy System Temporary Structure or Use Wndmll Accessory uses and structures whch are clearly customary and ncdental to the prncpal use. 3. Each of the followng accessory uses are prohbted n the ndustral Dstrct: - Mnmum Mnmum Maxmum Maxmum Prncpal Lot Area Lot Wdth* Buldng Buldng Use (Acres) (Feet Coverage (%) Heght (Feet) Any Use Prncpal Use Any Use Front Yard* Each Sde Yard Rear Yard (Feet) (Feet) (Feet)

46 307. M NERAL EXTRACTON DSTRCT ME). A. mmose. The purposes of the Mneral Extracton Dstrct are to provde areas whch are sutable for mneral extracton, ndustral and heavy commercal uses, so as to prevent conflcts between these uses and other land uses. B. Uses Permtted bv R 'eht. Each of the followng prncpal uses and ther accessory uses are permtted by rght n the Mneral Extracton Dstrct by the Zonng Offcer, provded that the use type, dmensonal, and all other applcable requrements of ths Ordnance are satsfed: Agrcultural ndustry * Auto ReparlBody Shops Ceramc Products ndustry Commercal/ndustral Machnery SaleslServce Commercal Crop Storage * Constructon Company GreenhouselNursery * Metal FabrcatonlProcessng Mllwork and Other Wood Products Manufacturng Mn-Warehouse or Self-Storage Developments Research, Engneerng, or Testng Laboratores Sawmll/Planng Mll ScentfdElectronc nstruments Manufacturng TextlelGarment ndustry Underground Mneral Extracton Warehousng * Wholesale Trades Secton 32 for addtonal requrements. C. SDecal ExceDton Uses. Each of the followng prncpal uses and ther accessory uses may be permtted n the Mneral Extracton Dstrct by the Zonng Hearng Board n accordance wth the standards contaned n Secton 33 of ths Ordnance:. Auto Salvage or Wreckng 2. Bottlng ndustry 3. Chemcal Products ndustry 4. Commercal Forestry 5. Food Processng 6. Helport 7. Junk Yard 3-

47 D. 8. Mneral Processng 9. PaperPulp Mll 0. PlastclRubber Products ndustry. 2. RadolTV Transmtter or Commercal Communcatons Tower Slaughter House(Commerca) 3. Trade School Condtonal Uses. Each of the followng prncpal uses and ther accessory uses may be permtted n the Mneral Extracton Dstrct when authorzed by the Board of Supervsors n accordance wth the standards contaned n Secton 34 of ths Ordnance: E. Accessow Uses. Any ndustral or commercal use not lsted n Sectons 307.B. or C. Cogeneraton Plant Fre Staton Government ServceslFacltes Planned ndustrallbusness Park Publc Utlty Faclty Sold Waste Dsposal AreaFaclty Surface Mneral Extracton Utlty Substaton. Each accessory use n the Mneral Extracton Dstrct shall comply wth the mnmum yard requrements of Secton 307.G., except as provded for n ths Ordnance. 2. Each of the followng accessory uses shall be permtted n the Mneral Extracton Dstrct only f such use comples wth the relevant standards contaned n Secton 35 of ths Ordnance: a. b. C. d. e. f. g, h.. Bus Shelter Cafetera, Chld Care Center or Recreaton Facltes for Employees only Fences and Walls Off-street Parkng & Loadng, n accordance wth Artcle 7 RadofCelevson Transmtter or Recever Sgns, n accordance wth Artcle 6 Solar Energy System Temporary Structure or use Wndmll J s 3

48 j. Accessory uses and structures whch are clearly customary and ncdental to the prncpal use. 3. Each of the followng accessory uses are prohbted n the Mneral Extracton Dstrct: Mnmum Mnmum Maxmum Prncpal Lot Area Lot Wdth+ Buldng (Acres) (Feet) Coverage (%) Maxmum Buldng Heght (Feet) Front Yard+ Each Sde Yard Prncpal Use (Feet (Feet) Rear Yard (Feet 3-3

49 308. RES DENTAL m). A. mmose. Ths Dstrct s ntended to provde for a varety of housng types to meet the medum to hgh densty housng needs of the Townshp. t accommodates the wdest range of housng types avalable wthn the Townshp at denstes hgher than those permtted elsewhere. Adjonng roads are, or are planned to be, adequate to accommodate the addtonal traffc generated by uses n ths dstrct. Fnally. cluster developments are allowed by condtonal use, and encouraged wth the use of densty bonus ncentves. B. Uses Perm tted bv Reht. Each of the followng prncpal uses and ther accessory uses are permtted by rght n the Resdental Dstrct by the Zonng Offcer, provded that the use type, dmensonal, and all other applcable requrements of ths Ordnance are satsfed:. Sngle-famly detached dwellngs 2. Sngle-famly sem-detached dwellngs (duplexes) 3. Converson apartments 4. Publc utltes structures 5. Publc and/or nonproft parks 6. General gardenng and the growng of trees and nursery stock; not ncludng roadsde dsplays, advertsng sgns or the sale of such tems C. Swcal ExceDton Uses. Each of the followng prncpal uses and ther accessory uses may be permtted n the Resdental Dstrct by the Zonng Hearng Board n accordance wth the standards contaned n Secton 33 of ths Ordnance: Barber shops and beauty parlors Boardng and Roomng houses Cemetery Funeral homes Group Homes Nursery SchoollFamly day-care facltes Nursng homes Muncpal Use D. Condtonal Uses. Each of the followng prncpal uses and ther accessory uses may be permtted n the Resdental Dstrct when authorzed by the Board of Supervsors n accordance wth the standards contaned n Secton 34 of ths Ordnance: 3-4

50 . Cluster developments ** 2. Place of worshp 3. SchoolslCollege Townhouseslrow dwellngs and Apartment houses Underground Mneral Extracton E. Bccessorv Uses.. Each accessory use n the Resdental Dstrct shall comply wth the mnmum yard requrements contaned n 308.G. except as specfcally provded for n ths Ordnance. 2. Each of the followng accessory uses shall be permtted n the Resdental Dstrct only f such use comples wth Secton 35 of ths Ordnance: a. b. C. d. e. f. g. h.. j. k. Accessory Structure or Use Bus Shelter Home Occupaton Home Related Busness Keepng Anmals and Pets Non Commercal Swmmng Pool Off-street Parkng, n accordance wth Artcle 7 Resdental Accessory Buldng, Structure or Use Sgns, n Accordance wth Artcle 6 Temporary Structure or Use Accessory uses and structures whch are clearly customary and ncdental to the prncpal use 3. Each of the followng accessory uses are prohbted n the Resdental Dstrct: a. Any use whch volates a provson of Artcle 4 or 5 b. Commercal or ndustral Outdoor Storage or Dsplay c. Dump d. Sold Waste Dsposal ArealFaclty F. &ot Area. Wdth. Buldng Coveraee. and Heeht Reeulatons. Mnmum Mnmum Prncpal Lot Area* Lot Wdth** Use (Sq.Ft. ) (Feet) Famly Detached Dwellng or Maxmum Buldng Coverage (C) Maxmum Buldng Heght (ft)

51 ~ Moble/Manufactured: - Wth Both Centralzed Sewer h Centralzed Water - Wth Centralzed Sewer h On-Lot Water - Wth Centralzed Water h On-Lot Sewer - Wth On-Lot Sewer h On Lot Water ~ ~~ wo Famly Detached Dwellng: - Wth Both Centralzed Sewer & Centralzed Water - Wth Centralzed Sewer & On-Lot water - Wth Centralzed Water & On-Lot Sewer - Wth On-Lot Sewer h On Lot Water ownhouses : - Wth Both Centralzed Sewer h Centralzed Water partments h Other Multple Famly well ngs : Wth Both Centralzed Sewer h Centralzed Water ny Other Use 0, ,000 43,560 20,000 20,000 30,000 43,560 4,356/mt Front Yard* (Feet) , ' BO++* 00"' 20*+* 2O/unt *Per dwellng unt for resdental uses. **Measured at the Mnmum Front Yard lsted n Secton 308 G. for the partcular use. ***Both unts. G. Each of the followng mnmum yard requrements shall apply to each use n the Resdental Dstrct, except as specfcally provded for n ths Ordnance: Prncpal Use ~ ~ ~ by Use: - Wth Both Centralzed Sewer & Centralzed Water - Wth Ether Centralzed Sewer or Centralzed Water - Wth On-Lot Sewer & On-Lot Water *The depth at whch the mnmum lot wdth shall be measured. **For townhouses, measured at each end of a row Each Sde Yard*+ (Feet) Rear Yard (Feet) c n a 3 - -

52 309. RESDENTAL-MNERAL E XTRACTON (R-ME). A. B. pumose. Ths Dstrct s ntended to provde for a varety of housng types to meet the medum to hgh densty housng needs of the Townshp. t accommodates the wdest range of housng types avalable wthn the Townshp at denstes hgher than those permtted elsewhere. Publc water s planned to be, or s avalable. Smlarly, adjonng roads are, or are planned to be, adequate to ammodate the addtonal traffc generated by uses n ths dstrct. Uses Permtted bv Reht. Each of the followng prncpal uses and ther accessory uses are permtted by rght n the Resdental-Mneral Extracton Dstrct by the Zonng Offcer, provded that the use type, dmensonal, and all other applcable requrements of ths Ordnance are satsfed:. Sngle-famly detached dwellngs 2. Sngle-famly sem-detached dwellngs (duplexes) 3. Converson apartments 4. Publc utltes StruCNreS 5. Publc andlor nonproft parks 6. Underground Mneral Extracton * 7. General gardenng and the growng of trees and nursery stock; not ncludng roadsde dsplays, advertsng sgns or the sale of such tems *See Secton 32 for addtonal requrements. C. Soecal ExceDton Uses. Each of the followng prncpal uses and ther accessory uses may be permtted n the Resdental-Mneral Extracton Dstrct by the Zonng Hearng Board n accordance wth the standards contaned n Secton 33 of ths Ordnance: D.. 2. Barber shops and beauty parlors Boardng and Roomng houses 3. Cemetery 4. Funeral homes 5. Group homes 6. Nursery SchoollFamly day-care facltes 7. Nursng homes 8. Muncpal Use Condtonal Uses. Each of the followng prncpal uses and ther accessory uses may be permtted n the Resdental-Mneral Extracton Dstrct when authorzed by the Board of Supervsors n accordance wth the standards contaned n Secton 34 of ths Ordnance:. Place of worshp 2. Moble Home Parks 3-7.

53 3. SchoolslCollege 4. Surface Mneral Extracton 5. Townhouses E. Accessow Uses,. Each accessory use n the Resdental-Mneral Extracton Dstrct shall comply wth the mnmum yard requrements contaned n 309.G. except as specfcally provded for n ths Ordnance. 2. Each of the foowng accessory uses shall be permtted n the Resdental-Mneral Extracton Dstrct only f such use comples wth Secton 35 of ths Ordnance: a. b. E. d. e. f. g. h.. j. k. Accessory Structure or Use Bus Shelter Home Occupaton Home Related Busness Keepng Anmals and Pets Non Commercal Swmmng Pool Off-street Parkng, n accordance wth Artcle 7 Resdental Accessory Buldng, Structure or Use. Sgns, n Accordance wth Artcle 6 Temporary Structure or Use Accessory uses and structures whch are clearly customary and ncdental to the prncpal use 3. Each of the followng accessory uses are prohbted n the Resdental-Mneral Extracton Dstrct: a. Any use whch volates a provson of Artcle 4 or 5 b. Commercal or ndustral Outdoor Storage or Dsplay c. Dump d. Sold Waste Dsposal ArealFacty F. b b Mnmum Mnmum Prncpal Lot Area' Lot Wdth** use (Sa.Ft. (Feet) Maxmum Maxmum Buldng Buldng Coveraqe (2) Heght (ft ~ Sngle Famly Detached Dwellng or Moble/Manufactured: - Wth Both Centralzed Sewer b Centralzed Water - Wth Centralzed Sewer & On-Lot 0,

54 Water - Wth centralzed Water h On-Lot sewer - Wth On-Lot Sewer h On Lot Water Detached Dwellng: - wth Both Centralzed Sewer h centralzed Water - Wth Centralzed Sewer & On-Lot Water - Wth Centralzed Water h On-Lot Sewer - Wth On-Lot Sewer h On Lot Water Townhouses : Bcth Centralzed Sewer h ,000 43,560 20,000 20,000 30,000 43,560 Centralzed Water 4,356/unt EO*** 50 EO**+ 50 loo*** 30 20"' 30 20/unt Wth Both Centralzed Sewer h Centralzed Water 2,0oo/unt Any Other Use G. Each of the followng mnmum yard requrements shall apply to each use n the Resdental-Mneral Extracton Dstrct, except as specfcally provded for n ths Ordnance: Prncpal Use Front Yard* Each Sde Yard** Rear Yard (Feet) (Feet) (Feet) Any Use: - Wth :3oth Centralzed Sewer & Centralzed Water - Wth :Ether Centralzed Sewer or Centralzed Water - Wth On-Lot Sewer & On-Lot Water

55 30. RES DENTAL SUBURBAN D S TR CT (R S. A. frnose. Ths Dstrct s ntended to provde for a mx of housng types, ncludng sngle famly homes, duplexes, townhouses and apartments. Moderate denstes are allowed f central water and sewer are provded. Resdental uses wll be protected from ncompatble adjacent uses. B. Yses Permtted bv R eht. Each of the followng prncpal uses and ther accessory uses are permtted by rght n the Resdental Suburban Dstrct by the Zonng Offcer, provded that the use type, dmensonal, and all other applcable requrements of ths Ordnance are satsfed: a. 9. Agrculture Garden Aparbnent Low-Rse Multple Famly Buldng MoblelManufactured Homes * Orchard Publc Recreaton Sngle Famly Detached Dwellng Townshp Park Two Famly Dwellng * See Secton 32 for addtonal requrements. C. Suecal Exceuton Uses. Each of the followng prncpal uses and ther accessory uses may be permtted n the Resdental Suburban Dstrct by the Zonng Hearng Board n accordance wth the standards contaned n Secton 33 of ths Ordnance: a BoardnglRoomng House Cemetery CommuntylCultual Center Golf Course Group Home Low-Rse Apartment Muncpal Use Nursery SchoollFamly Day Care Facltes Nursng Home Place of Worshp Swmmng Club Tenns Club D. condtonal Uses. Each of the followng prncpal uses and ther accessory uses may be permtted n the Resdental Suburban Dstrct when authorzed by the Board of Supervsors n accordance wth the standards contaned n Secton 34 of ths Ordnance: 3-20

56 '. Fre Staton :2. Post Oftce 3. Publc Utlty Faclty 4. SchoolslCollege 5. Sngle Famly Detached Cluster Development** 6. Surface Mneral Extracton 7. Townhouses 8. Underground Mneral Extracton ** See Appendx A for addtonal requrements. E. Accessorv Uses.. Each accessory use n the Resdental Suburban Dstrct shall comply wth the mnmum yard requrements contaned n 30.G., except as specfcally provded for n ths Ordnance. 2. Each of the followng accessory uses shall be permtted n the Resdental Suburban Dstrct only f such use comples wth the relevant standards contaned n Secton 35 of ths Ordnance: a. b. C. d. e. f. g. h.. j. k.. m. n. 0. P. 9. r. S. t. u. Accessory Structure or Use Bed and Breakfast Use Bus Shelter Crop Storage Fence and Wall Home Gardenng, Nursery or Greenhouse Home Occupaton Home Related Busness Keepng Anmals and Pets Noncommercal Swmmng Pool Off-street Parkng, n accordance wth Artcle 7 Pond RadolTelevson Transmtter or Recever Recreatonal Vehcle Resdental Accessory Buldng, Structure or Use. Sgns, n accordance wth Artcle 6 Solar Energy System Temporary Structure or Use Tenns Court Wndmll Accessory uses and structures whch are clearly customary and ncdental to the prncpal use 3-2

57 3. Each of the followng accessory uses are prohbted n the Resdental Suburban Dstrct: a. Any use whch volates a provson of Artcle 4 or 5 b. Commercal or ndustral Outdoor Storage or Dsplay c. Dump F. Lo t Area. Wdth. Buldng Coverage. and Heeht Remlatons, Each of the followng dmensonal requrements shall apply to each use n the Resdental Suburban Dstrct. except as specfcally provded for n ths Ordnance: Prncpal Use Centralzed Water - Wth Centralzed Sewer 6 On-Lot Water - Wth Centralzed Water h On-Lot Sewer - Wth On-Lot Sewer & On Lot Water Two Famly Detached Dwellng: - Wth Both Centralzed Sewer L Centralzed Water - Wth centralzed Sewer & On-Lot Water - Wth Centralzed Water 6 On-Let Sewer - Wth On-Let Sewer h On Lot Water (Sa.Ft. Mnmum Mnmum Maxmum Maxmum Lot Area* Lot Wdth** Buldng Buldng ) (Feet) Coverase(t) Heqht (ft Snsle Famly Detached Dwellng or e /Manuf c tured : - Both Centralzed Sewer & 20, Townhouses : - Wth Both Centralzed Sewer & Centralzed Water Apartments h Other Multple Famly Dwellngs: Wth Both Centralzed Sewer 6 Centralzed Water 20, , , ,000 loo*** ,000 loo'** ,000 40*** ,560 50*** Average 20/unt 30 4,356 /unt Average ,00O/unt Any Other Use 43, G. JMum Yard Reaurements. Each of the followng mnmum yard requrements shall apply to each use n the Resdental Suburban t ' 3 - '

58 Dstrct, except as specfcally provded for n ths Ordnance: Prncpal Use Any Use: - Wth Eoth Centralzed Sewer & Centralzed Water - Wth Ether Centralzed Sewer or Centralzed Water - Wth Cln-Lot Sewer & On-Lot Water Front Yard+ Each Sde Yard** (Feet) (Feet) Rear Yard (Feet) ' *The depth at whch the mnmum lot wdth shall be measured. **For townhouses, measured at each end of a row. 3-23

59 3. SPECAL BUSNESS DSTRCT tsbl A. gllmose, Ths Dstrct s ntended to provde for a varety of commercal uses at acceptable and convenent locatons along the major hghways and to promote well-planned and desgned commercal areas. B. Uses Permtted bv Reht. Each of the followng prncpal uses and ther accessory uses are permtted by rght n the Specal Busness Dstrct by the Zonng Offcer, provded that the use type, dmensonal, and all other applcable requrements of ths Ordnance are satsfed: a Anmal HosptallVeternaran Offce * Auto/Motorcycle/Boat/Recreatonal Vehcle Sales * Auto Gas Staton Auto ReparlBody Shop * Auto Servce Staton * Bakery Bank, Savngs and Loan or other Fnancal Establshment * Bulk Photo Processng Busness Machne SaleslServce Commercal ndoor Recreaton * Commercal Outdoor Recreaton * CommuntylCultural Center * ConferencelTranng Center Constructon Company General Merchandse Store Golf Course * CmnhouselNursery * Health Club HotellMotel * ndoor Theater Kennel * Lumber Yards Medcal Clnc Membershp Club or Lodge Mn-WarehouselSelf-Storage Development * Mxed Uses n an Exstng Buldng, provded that there are no more than four (4) prncpal uses n the buldng; and provded that the uses are permtted by rght n ths Dstrct * Muncpal Use Nursery SchoollFamly Day Care Facltes * Oftce Open Ar Retal Sales of Agrcultural Products * Orchard Personal Servces 3-24 sl d

60 Place of Worshp * Prtng Professonal OffcelServces ResearchEngneernglTestng Labratores Restaurant, ncludng Fast Food Restaurants wth or wthout Drve-n Servces Retal Store Retal Nursery and Supply Store Rdng Stable * Swmmng Club * Tavern Tenns Club * Wholesale Trade and Warehousng * *See: Secton 32 for addtonal requrements. C. swcal Exceuton Uses. Each of the followng prncpal uses and ther accessory uses may be permtted n the Specal Busness Dstrct by the Zonng Hearng Board n accordance wth the standards contaned n secton 33 of ths Ordnance: Adult Related Facltes Bus Termnal/Staton Car Wash Commercal Motor Vehcle Race Track Drve-n (Outdoor) Theater Flea Market Fuel Ol Company Funeral Home Laundry /Laundromat Motor Freght Termnal (Truck Termnal) Nursng Home Tax Termnal/Staton D. Condtonal Uses. Each of the followng prncpal uses and ther accessory uses may be permtted n the Specal Busness Dstrct when authorzed by the Board of Supervsors n accordance wth the standards contaned n Secton 34 of ths Ordnance: Fre Staton Government ServceslFacltes Hosptal Planned Commercal Developments Post offce Publc Utlty Faclty SchoollCollege Sngle Famly Detached Dwellng 3-25

61 0. Surface Mneral Extracton. Underground Mneral Extracton 2. Utlty Substaton E.,4ccessow Uses.. Each accessory use n the Specal Busness Dstrct shall comply wth the mumum yard requrements of Secton 3.G., except as specfcally provded for n ths Ordnance. 2. Each of the followng accessory uses shall be permtted n the Specal Busness Dstrct only f such use comples wth the relevant standards contaned n Secton 35 of ths Ordnance: a. b. E. d. e. f. g. h.. j. k.. m. n. 0. P. 4. Accessory Structure or Use Bus Shelter Cafetera, Chld Care Center or Recreaton Facltes for Employees only. Commercal or ndustral Outdoor Storage Dwellng Unt as an Accessory Use to a Nonresdental Use Fence and Wall Off-street Parkng and Loadng, n accordance wth Artcle 7 Pond RadolTelevson Transmtter or Recever Recreatonal Vehcle Seasonal Roadsde Stand Sgns, n accordance wth Artcle 6 Solar Energy System Temporary Structure or Use Warehousng and Storage as an accessory use Wndmll Accessory uses and structures whch are clearly customary and ncdental to the prncpal use. 3. Each of the followng accessory uses are prohbted n the Specal Busness Dstrct: a. Any use whch volates a provson of Artcle 4 or 5 b. c. D&p Sold Waste Dsposal AredFaclty F. Lot Area. Wdth. Buldng Coveraee. and Heght Rermlatons. Each of the followng dmensonal requrements shall apply to each use n the Specal Busness Dstrct, except as specfcally provded for n ths Ordnance:

62 - Wth at- *Per dwelln,! unt for resdental uses. **Measured at the Mnmum Front Yard lsted n Secton 3 G. for the partcular use. Front Yard+ Each Sde Yard Rear Yard *The depth ;at whch the mnmum lot wdth shall be measured. **A mnmm front yard of only 35 feet shall be requred f no vehcle parkng or outdoor storage wll be located between the cartway and a 35 foot setback lne from the ultmate rght-of-way. 3-27

63 ~ 32. BD DTONAL REOURE MENTS FOR C ERTAN PERMTTED BY RGHT yses A. ComDlance Reoured. Each of the followng uses shall also comply wth the addtonal requrements for that use lsted n ths Secton. (A Ste Plan may be requred per Secton 409.) B. Addtonal Reaurements.. Agrcultural ndustry - Usng products andlor materals of whch at least ffty (50%) percent are grown locally wthn the Townshp. 2. Anmal HosptalNeternaran Offce a. A mnmum lot sze of at least two (2) acres shall be requred for those anmal hosptals treatng small anmals (e.g., cats, buds, exotc anmals). A mnmum lot sze of at least three (3) acres shall be requred for those anmal hosptals treatng large anmals (e.g., cattle, horses, etc.). b. All buldngs n whch anmals are housed or provded care shall be located at least one hundred (00') feet from all lot lnes. Buldngs shall be adequately soundproofed so that sound generated wthn the buldngs cannot be perceved at the lot lnes. c. Outdoor anmal N~S may be provded for small anmals so long as a vsual barrer at least four (4') feet n heght s provded between the runs and a double evergreen screen at least sx (6') feet n heght s provded around the runs. No anmal shall be permtted to use the outdoor NW from 8:OO p.m. to 8:OO a.m. 3. Anmal Husbandy a. No new barns, anmal shelters, stables, feed yards, or mure storage areas wll be located closer than four hundred (400') feet from all dwellngs except the dwellng of the owner or lessee, or from all Resdental, Resdental-Mneral Extracton or Resdental Suburban Dstrct boundares. b. No addtons to exstng barns, anmal shelters, stables, feed yards, or manure storage areas wll be located closer than one hundred ffty (50') feet from all c -

64 property lnes, Resdental, Resdental-Mneral Extracton or Resdental Suburban Dstrct boundares, and dwellngs except the dwellng of the owner or lessee. c. Areas desgnated as Agrcultural Securty Areas under Act 43 are exempt from the provsons of 32 B.3.a. and 32 B.3.b., stated above. 4. Auto, Motorcycle, Boat or Recreatonal Vehcle Sales - No vehcle on dsplay shall occupy any part of the street rght-ofway, requred yard areas, or requred parkng area. 5. Auto ReparBody Shop a b. E. d. All repar and pant work shall be performed wthn an enclosed buldng. All provsons shall be made to prevent or m W m nose, odor, vbraton, lght or electrcal nterference to adjacent lots. Outdoor storage of autos and other vehcles shall not exceed three (3) tmes the ndoor repar area, shall only be back of the front yard lne, and shall be no closer than twenty (20') feet from sde and rear lot lnes. Any vehcle on the premses longer than 48 hours shall be deemed a stored vehcle. No vehcle shall be stored n excess of forty-fve (45) days. 6. Auto Servce Staton a. All actvtes except those to be performed at the fuel pumps shall be performed wthn a completely enclosed buldng. b. Fuel pumps shall be at least twenty-fve (25') feet from any future street rght-of-way or ffty (50') feet from the street centerlne, whchever s greater. c. All automoble parts and dsmantled vehcles are to be located wthn a buldng. d. Full Body pant sprayng or body and fender work shall not be permtted. e. Automobles that are taken to a servce staton for outsde storage because of an accdent may reman no longer than sxty (60) days, from the day the car arrves at the staton. 3-29

65 f. Underground and above ground storage tanks shall be utlzed and mantaned n complance wth all Federal, State and Local regulatons. 7. Bank, Savngs and Loan or other Fnancal Establshment - Any drve-n wndow(s) shall be located, along wth attendant lane(s) for vehcles, to ensure that traffc conflcts and hazards are avoded wthn the ste and along the streets and hghways adjonng the fnancal establshment. 8. Commercal Crop Storage (Prncpal Use) a. b. c. The area used for storage shall not occupy any part of front, sde or rear yards. The use shall not be dangerous to the publc health or safety. The applcable outdoor storage control provsons of Secton 508 shall be met. 9. Commercal ndoor Recreaton a. No loudspeaker or amplfyng devce shall be permtted whch wll project sound n excess of the sound levels of Secton 50 of ths Ordnance. b. No lghtng shall be permtted whch wll shne on adjacent property. c. The Pennsylvana Department of Labor and ndustry shall approve the desgn of the buldng. 0. Commercal Outdoor Recreaton a. No loudspeaker or amplfyng devce shall be permtted whch wll project sound n excess of the sound levels of Secton 50 of ths Ordnance. b. No lghtng shall be permtted whch wll shne on adjacent property.. CommuntylCultural Center - No outdoor recreaton area shall be located closer to any lot lnes than the requred front yard depth n the Zonng Dstrct. 2. Fuel Ol Company - Shall be n accordance wth Applcable Federal, State and local fre protecton and envronmental 3-30

66 protecton standards. 3. Golf Course a. b. E. No farway, green or other use area shall be located closer than ffty (50') feet to a rear or sde property lne. No buldng shall be less than one hundred (00') feet from any lot lne. Buffer yards shall be provded n accordance wth Secton 404 D., when adjacent to resdental buldngs GreenhouselNursery - Off-street parkng shall be provded and desgned to prohbt vehcles from backng out onto a street or hghway. HotellMotel - A restaurant may be permtted as an accessory use to a hotel or motel. Kennel a. b. c. d. All kennels shall provde the mnmum area for kennels requred by state regulatons. All buldngs n whch anmals are housed and all runs shall he located at least one hundred (00') feet from all lot lnes. Buldngs shall be adequately soundproofed so that sounds generated wthn the buldngs cannot be perceved at the lot lnes. Outdoor runs may be provded so long as a double evergreen screen at least sx (6') feet n heght s provded around the runs. No anmal shall be permtted to use the outdoor runs from 8:00 p.m. to 8:OO a.m Lumber Yard - Shall be on a lot abuttng an arteral or collector street (as defned by the Offcal Street Classfcaton Map ). Mn-WarehouselSelf-Storage Development a. All storage unts shall be freproof, and waterproof, each shall have separate ngress and egress secured by a lockng devce. b. Outdoor storage shall be lmted to recreatonal vehcles, campers and boats on tralers parked on paved areas. All such tems must be lcensed and nspected (f applcable), 3-3

67 9. 9. E. d. e. f. and n operable condton Trash, garbage, refuse, explosve or flammable materals, hazardous substances, anmal, anmal carcasses or skns, or smlar tems shall not be stored. Nothng shall be stored n nteror traffc asles, off-street parkng areas, loadng areas, or drveway areas. Servcng or reparng of boats, vehcles, tralers, lawn mowers or any smlar equpment shall not be permtted. Adequate lghtng shall be provded to llumnate the area, but drected away or shelded to drect lght away from adjacent uses. Mxed Uses n an Exstng Buldng a. A Zonng Permt must be obtaned for each use n the buldne. b. Parkngfacltes shall be provded as requred by Secton 702.F. MoblelManufactured Homes a. Shall be constructed n accordance wth the Safety and Constructon Standards of the U.S. Department of b. C. d. Housng and Urban Development. Shall have a ste graded to provde a level, stable and well-draned area. Shall have wheels, axles and htch mechansms removed. Shall be placed on a permanent foundaton as descrbed by the followne: () () The foudaton system shall consst of ten (0") nch dameter concrete pers, concrete footng perpendcular to the man longtudnal frame, or equvalent and shall be nstalled from ground level to below the frost lne (36 nches mnmum). Ths foundaton system shall be placed on eght (8') feet centers along each of the two man longtudnal frames for each secton of the home wth no more than three (3') feet overhang at each end of the secton. One half (2") nch dameter by twelve (2") nch long eyebolts shall be cast n place at each comer and at two mdponts n the concrete pers, concrete footng or equvalent. Concrete blocks shall be used to support the home on the 3-32 b 0

68 l () (v) foundaton system and wood shms may be used for fnal levelng. The concrete support blocks shall not be wder than the support foundaton. The moble/manufactured home shall be securely anchored or ted down wth cable and thn buckles or equvalent connectng the frame to the cast n place eyebolts on at least four (4) comers and two mdponts. The tedown shall also be n accordance wth the manufacturers recommendatons furnshed wth each home. Homes shall not be placed more than four (4') feet above the supportng ground area. e. Shall be enclosed from the bottom of the home to the ground or stand usng ndustry-approved skrtng materal compatble wth the home. - t Motor Freght Termnal (Truck Termnal) a. b. There shall be a one acre mnmum lot s k. A twenty (20') foot buffer yard n accordance wth the provsons of Secton 404 D. shall be provded along the sde, rear and front lot lnes, except for vehcular and pedestran access areas traversng the yard areas. Nursery SchoollFamly Day Care Facltes a. b. No outdoor play area shall be closer than forty (40') feet to any lot lne. The use shall comply wth any applcable County, State and Federal Regulatons. Open Ar Retal Sales of Agrcultural Products a. The buldng or area where products are dsplayed or sold shall be at least twenty (20') feet from an ntersecton and shall be at least twenty (20') feet from the cartway. b. Parkng shall be provded n complance wth the provsons of Artcle 7. Place of Worshp - Shall be on a lot at least two (2) acres n area and shall have adequate off-street parkng n accordance wth Artcle

69 Prvate Campground a. b. c. Shall meet all applcable State regulatons. No loudspeaker or amplfyng devce shall be permtted whch wll project sound n excess of the nose levels of Secton 50 of ths Ordnance. Lghtng perceptble beyond the property lne shall be mnmzed n accordance wth Secton 53 of ths Ordnance. Restaurant, ncludng Fast Food Restaurants wth or wthout Drve-n Servce a. b. E. d. Shall screen all trash contaners. Shall provde landscapng on all areas not covered by buldngs, structures, parkng areas or access drves. May provde an outdoor menu board (whch shall not be consdered a sgn) f, drve-up servce s provded from wthn the buldng to customers n ther vehcles. Shall provde a vsual plantng screen, n accordance wth Secton 404.D.3, when adjacent to resdental propertes. Rdng Stable a. b. c. The use shall be conducted on a lot no smaller than ten (0) acres n sze. No new barns, anmal shelters, stables, feed yards or manure storage areas wll be located closer than fve hundred (500 ) feet from all dwellngs except the dwellng of the owner or lessee, or from all Resdental Dstrct boundares. No addtons to exstng barns, anmal shelters, stables, feed yards or manure storage areas wll be located closer than one hundred ffty (50 ) feet from all property lnes. Resdental Dstrct boundares and dwellngs except the dwellng of the owner or lessee. Swmmng Club a. All pools shall be entrely enclosed wth a good qualty chan-lnk or preferably a wooden or other equvalent fence of not less than sx (6 ) feet n heght. b. No loudspeaker or amplfyng devce shall be permtted whch wll project sound n excess of the sound levels of 3-34

70 c. d. e. Secton 50 of ths Ordnance. Lghtng perceptble beyond the property lne shall be mnmzed n accordance wth Secton 53 of ths Ordnance. Results of all laboratory tests of pool water shall be avalable for nspecton by the Zonng Offcer or other Townshp Offcals. The operaton of the swmmg pool shall comply wth all other State, Federal or Local regulatons. 28. TennsClub a. No loudspeaker or amplfyng devce shall be permtted whch wll project sound n excess of the sound levels of Secton 50 of ths Ordnance. b. Lghtng perceptble beyond the property lne shall be mnmzed n accordance wth Secton 53 of ths Ordnance. 29. Underground Mneral Extracton - Shall comply wth all Federal, State and Local Regulatons. 30. Wholesale Trade and Warehousng 'r a. Truck parkng and loadng shall meet the mnmum standards of ths Ordnance and n unque stuatons shall be provded accordng to maxmum standards of the ndustry or the specfc type of warehouse, wholesale or dstrbuton actvty to be conducted. b. Truck or ral access and operatons shall not conflct wth the convenence and safety of auto traffc and parkng. c. No storage of trash, garbage, refuse, explosve or flammable materals, hazardous substances, anmals, anmal carcasses or skns or smlar tems shall be permtted. 3. Wldlfe Sanctuary a. b. E. The use shall be conducted on a lot at least fve (5) acres n sze. No anmal whch s dangerous or capable of causng harm to persons or damage to property shall be permtted to roam free. Every barn, anmal shelter, stable, cage, feed yard, or 3-35

71 manure storage area shall be at least one hundred ffty (50') feet from all lot lnes, resdental dstrct boundares and dwellngs except the dwellng of the owner or lessee. f 3-36

72 33. A. Before a zonng permt s granted for any use lsted as a specal excepton use n ths Ordnance, a Ste Plan shall be revewed by the Plannng Commsson and approved by the Zonng Hearng Board. Ths procedure s provded because of the consderable mpact that these uses tend to have on a communty. B. Procedure.. The Zonng Offcer shall deny a zonng permt for the proposed development untl wrtten approval of the Zonng Hearng Board s obtaned A applcants for a specal excepton use shall submt three (3) sets of Ste Plans for the proposed use to the Zonng Hearng Board as part of the applcaton for a zonng permt. All Ste Plans shall contan the nformaton requred n Secton 409 C. The Zonng Hearng Board shall forward one () copy of the Ste Plan to the Zonng Offcer and one () copy to the Plannng Commsson wth fve (5) days of recevng the submsson. The Zonng Offcer shall, pror to the next regularly scheduled Zonng Hearng Board meetng, revew the Plan to determne complance wth ths Ordnance and submt a wrtten report to the Zonng Hearng Board. The Plannng Commsson shall, pror to the next regularly scheduled Zonng Hearng Board meetng, revew the Plan to determne complance wth ths Ordnance and submt a wrtten recommendaton to the Zonng Hearng Board. The Board shall not decde the case wthout revewng the reports receved from the Zonng Offcer and Plannng Commsson. Falure of ether the Zonng Offcer or the Plannng Commsson to submt a wrtten report pror to the next regularly scheduled meetng shall not prevent the Board from hearng and decdng the request. The Board shall hear and decde such request for a specal excepton use under the procedures of Artcle 8 wthn sxty (60) 3-37

73 days from the date an applcaton has been properly submtted. 9. The decson of the Board shall be n wrtng and shall be communcated to the applcant personally or maled to hm at hs last known address not later than ffteen (5) days followng the decson. C. BEproval L -. The Zonng Hearng Board shall approve any proposed specal excepton use f they fnd adequate evdence that any proposed use wll meet: a. b. All of the general standards lsted n Secton 33.D.. and All of the specfc standards for the proposed use lsted ' n Secton 33.E. 2. n grantng a specal excepton, the Board may requre such reasonable condtons and safeguards (n addton to those expressed n ths Ordnance) as t may deem necessary to mplement the purposes of ths Ordnance. D. Each specal excepton use shall comply wth all of the followng general standards:. n conformance wth the sprt, purposes, ntent and all applcable requrements of ths Ordnance n conformance wth all applcable provsons of all other Townshp Ordnances. n accordance wth the Comprehensve Pan. n conformance wth all applcable State and Federal laws, regulatons and requrements. Sutable for the partcular locaton n queston. Not detrmental to the publc health or welfare. E. Swfc Standards. Each specal excepton use shall comply wth all of the followng specfc standards lsted for that use: 3-38

74 . Adult Related Facltes a. No such use shall be located wthn one thousand (,OOO) lneal feet of any school, church, exstng dwellng, publc park, shoppng mall Resdental Suburban Dstrct, Resdental-Mneral Extracton or Resdental Dstrct. b. No such use shall be located wthn one thousand (ooo) lneal feet of any exstng adult related faclty. c. A twenty (20') foot buffer yard shall be provded along the sde and rear lot lnes n accordance wth Secton 404.D. d. No obscene materal shall be placed n vew of the general publc. Precautons shall be made to prohbt mnors from enterng the premses. 2. Auto Salvage or Wreckng : a. b. c. d. All provsons shall be made to prevent or mnmze nose, odor, vbraton, lght or electrc dsturbance. A ffty (50') foot buffer yard shall be provded. The ste shall be adequately fenced to assure safety. Salvaged or wrecked vehcles shall be processed at regular reasonable ntervals, the mere stockplng of junked automobles shall be prohbted. 3. Barber Shops and Beauty Parlors a. b. c. Shall comply wth parkng requrements outlned n Table 7. for a Personal Servce Busness. Shall comply wth all Pennsylvana Department of Health Regulatons. Shall comply wth all other applcable Federal, State and Local Regulatons. 4. Boardng HouselRoomng House a. Shall cornply wth the requrements for the use establshed by the Pennsylvana Department of Labor and ndustry. b. Shall comply wth all other applcable Federal, State and Local Regulatons. 5. Bottlng ndustry - Centralzed sewage dsposal facltes and centralzed water supply facltes shall be provded. 3-39

75 6. Bus Termnal Staton a. b. Shall be on a lot abuttng an arteral or collector street (as defned on the Offcal Street Classfcaton Map). Shall provde an area for the loadng and unloadng of buses separate from requred off-street parkng areas. 7. Car Wash a. b. c. d. e. f. Traffc flow and ngress-egress shall not cause traffc hazards on adjacent streets. Access ponts shall be lmted to two (2) on each street abuttng the lot. On-lot traffc crculaton channels and parkng areas shall be clearly marked. Sgns and outdoor lghtng shall be n accordance wth ths Ordnance. Adequate provsons shall be made for the proper and convenent dsposal of refuse. Centralzed sewage dsposal facltes and centralzed water supply facltes shall be provded Cemetery - Shall be on a lot at least two (2) acres n area. Chemcal Products ndustry - Shall comply wth all applcable Federal, State and Local Regulatons. 0. Commercal Forestry a. A Forestry Management Plan shall be prepared and followed. Ths Plan shall be prepared by a professonal forester, who has graduated from a college or unversty wth a four-year degree n Forest Resources b. c. d. Management. Ths Forestry Management Plan shall be submtted and revewed by the Pennsylvana Bureau of Forests and the Townshp Plannng Commsson pror to approval. The Forestry Management Plan shall be consstent wth the Tmber Harvestng Gudelnes or the Pennsylvana Forestry Assocaton. Clearcuttng shall be prohbted except on tracts or less than ten (0) acres. Ths provson shall not apply to State Game Lands where clearcuttng s done to beneft the natural habtat. 3-40

76 e. On tracts larger than ten (0) acres, at least thrty (30%) percent of the forest cover (canopy) shall be kept and the resdual trees shall be well dstrbuted. f. At least between thrty (30%) percent to ffty (50%) of these resdual trees shall be composed of hgher value speces as determned by the Dstrct Forester. g. An Eroson and Sedmentaton Control Plan shall be submtted to the PA Department of Resources and the County Sol and Water Conservaton Dstrct for revew and recommendaton. h. The Townshp may requre restoraton of the forested area based upon recommendatons of the Dstrct Forester.. All the other provsons of ths Ordnance shall also be met.. Commercal Motor Vehcle Race Track a. No loudspeaker or amplfyng devce shall be permtted whch wll project sound n excess of the nose levels of Secton 50 of ths Ordnance. b. Lghtng perceptble beyond the property lne shall be mnmzed n accordance wth Secton 53 of ths Ordnance. c. The use shall also meet the other performance standards of Sectons 5, 52, 54 and 55 of ths Ordnance. 2. Commercal Outdoor Recreaton - No loudspeaker or amplfyng devce shall be permtted whch wll project sound n excess of the nose levels of Secton 50 of ths Ordnance. 3. Communty/Culrural Center - No outdoor recreaton area shall be located closer to any lot lnes than the requred front yard depth n the Zonng Dstrct. 4. Drve-n (Outdoor) Theater. a. Shall be on a lot abuttng an arteral street or collector street (as defed on the Offcal Street Classfcaton b. E. d. Map). Shall have a lot area of at least ten (O) acres A buffer yard whch comples wth the standards of Secton 404 D. shall be provded around the entre lot. Shall provde a drveway at least three hundred (300') 3-4

77 feet n length between the pont where admsson tckets are sold and the street rght-of-way lnes. 5. Flea Market - No addtonal standards Food Processng - No addtonal standards. Fuel Ol Company - Shall be n accordance wth applcable Federal, State and local fre and envronmental protecton standards. 8. Funeral Home a. b. Shall comply wth parkng requrements outlned n Table 7.. Shall comply wth all applcable Federal, State and Local Regulatons. 9. Golf Course a. b. c. No farway, green or other use area shall be located closer than ffty (50') feet to a rear or sde property lne. No buldng shall be less than one hundred (00') feet from any lot lne. Buffer yards shall be provded n accordance wth Secton 404 D., when adjacent to resdental and commercal buldngs. 20. Group Home a. b. c. d. e. There shall be no more than sx (6) resdents. Resdents n the group home shall nclude only the elderly, mentally retarded or physcally dsabled and shall exclude such groups as the mentally ll, crmnal offenders or exconvcts, juvenle offenders, rehabltated drug users, alcoholcs or other such groups whch tend to be more transent n nature and therefore not compatble wth stable resdental areas. There shall be 24-hour resdent supervson by people qualfed by tranng and experence n the feld for whch the group home s ntended. The use shall be lcensed under the applcable State program. Any medcal or counsellng servces provded shall be 3-42

78 f. g. h.. j. done so only for resdents. The lot on whch a Group Home s located shall be at least two thousand (2000') feet from the lot on whch another Group Home s located; (such dstance shall be measured n a horzontal straght lne from the nearest pont on one lot to the nearest pont on the other lot). One () off-street parkng space shall be provded for a) the resdent supervsor, b) each addtonal employee per shft, and c) every two (2) resdents. f the group home s an exstng or new smcture, located n a resdental dstrct or subdvson, t shall be mantaned andlor constructed to ensure that t s smlar n appearance, condton and character to the other resdental StruCNreS n the area. The group home shall regster ts locaton, number of resdents and sponsorng agency wth the Townshp and such nformaton shall be avalable to the publc. The amount of traffc generated by the group home shall be comparable to that of a sngle famly home. 2. Gun ClublOutdoor Target Range a. All outdoor target ranges shall have a barrer behnd the target area whch s of suffcent heght and thckness to adequately provde for the publc safety. b. The use shall comply wth Natonal Rfle Assocaton standards and other applcable Federal, State and local regulatons. 22. Helport a. The Pennsylvana Bureau of Avaton wthn the Pennsylvana Department of Transpornton shall fnd the landng area safe and acceptable for lcensng for a prvate arstrp, prvate arport or helport. b. The Federal Avaton Admnstraton shall have granted approval for the use of the ar space. c. The use shall comply wth any other applcable Federal and State regulatons and requrements. d. Areas used for landngs, take-offs and ground crculaton sml be located at least three hundred (300') feet away from adjacent property les. 23. Junk Yard 3-43

79 a. b. E. d. e. f. Storage of organc materal s prohbted. A junk shall be at least two hundred (200 ) feet from any adjonng lot. All junk shall be at least two hundred (200 ) feet from any publc hghway, road, or street. The ste shall contan one () entrance and one () ext. Each of whch s not less than thrty (30 ) feet n wdth. The ste shall be completely enclosed by a buffer yard whch comples wth all of the standards of Secton 404 D. The burnng or ncneraton of vehcles or junk shall be prohbted unless sad burnng s carred out n a completely enclosed ncnerator approved by the D.E.R. 24. Kennel. a. All buldngs n whch anmals are housed and all runs shall be located at least one hundred (00 ) feet from all lot lnes. b. Buldngs shall be adequately soundproofed so that sounds generated wthn the buldngs cannot be perceved at the lot lnes. E. Outdoor runs may be provded so long as a double evergreen screen at least sx (6 ) feet n heght s provded around the runs. No anmal shall be permtted to use the outdoor NE from 8:00 p.m. to 8:00 a.m. 25. Laundryhundromat - Centralzed sewage dsposal facltes and centralzed water supply facltes shall be provded Low Rse Apartment - No addtonal standards. Membershp Club - No addtonal standards. 28. Mneral Processng a. Any person who desres to operate a use descrbed above shall submt the followng to the Board: () A map of the lot ndcatng the area whch s to be used and the setback dstance prepared by a lcensed surveyor or engneer; () A descrpton of the type of operatons whch wll be conducted; () A sketch showng the landscape plan ncludng the 3-44

80 L r b. c. d. e. f. screenng provson; (v) A statement explanng the necessty for the conduct of ths operaton on the lot; (v) A photograph of the open area to be used. Removal of forests or tmber s prohbted wthout pror approval of the Zonng Hearng Board. The proposed operaton shall not adversely affect the sol fertlty, dranage, and lateral support of abuttng land or other propertes, nor shall t contrbute to sol eroson. There shall be no operatons of any knd on Sunday s or legal holdays. Wthn,OOO feet of a resdence. There shall be no operaton between 7 P.M. and 7 A.M. That porton of access roads located wthn 00 feet of any lot n resdental use or lot zoned for resdence shall be provded wth a dustless surface. Access roads shall connect to collector or major road networks avodng undue movement through resdental area. At all stages of operatons, proper dranage shall be provded to prevent the collecton and stagnaton of water and to prevent harmful effects upon surroundng propertes. 29. Motor Freght Termnal (Truck Termnal) a. b. There shall be a one acre mnmum lot sze. A twenty (20 ) foot buffer yard n accordance wth the provsons of Secton 404 D. shall be provded along the sde, rear and front lot lnes, except for vehcular and pedestran access areas traversng the yard areas Muncpal Use - No addtonal standards. Nursery SchoollFamly Day Care Facltes a. b. No outdoor play area shall be closer than forty (40 ) feet to any lot lne. The use shall comply wth any applcable county, state, and federal regulatons. l e Nursng Home - No addtonal standards. PaperPulp Mll - No addtonal standards. Place of Worshp - Shall be on a lot at least two (2) acres n 3-45

81 area and shall have adequate off street parkng n accordance wth Artcle Plastc Rubber Products ndustry - No addtonal standards. 36. RadolTelevson Transmtter a. b. An eght (8 ) foot fence shall be provded around all appurtenant structures. Any antenna or tower shall be setback a dstance equvalent to the heght of the antenna or tower from all property lnes and street rght-of-way lnes. 37. Rdng Stable a. b. c. The use shall be conducted on a lot no smaller than ten (0) acres n sze. No new barns, anmal shelters, stables, feed yards, or manure storage areas wll be located closer than fve hundred (500 ) feet from all dwellngs except the dwellng of the owner or lessee, or from all Resdental Dstrct boundares. No addtons to exstng barns, anmal shelters, stables, feed yards or manure storage areas wll be located closer than one hundred ffty (50 ) feet from all property lnes, Resdental Dstrct boundares and dwellngs except the dwellng of the owner or lessee. 38. Slaughter House (Commercal) a. b. c. There shall be a mnmum ten (0) acre lot sze. The buld~gs where slaughter takes place shall not be located closer than fve hundred (500 ) feet from all dwellngs except the dwellng of the owner or lessee, or from all Resdental Dstrct boundares. The slaughter house shall comply wth all applcable state and federal regulatons. 39. Swmmng Club a. All pools shall be entrely enclosed wth a good qualty chan-lnk or preferably a wooden or other equvalent fence of not less than sx (6 ) feet n heght. No loudspeaker or amplfyng devce shall be permtted b. 3-46

82 c. d. e. whch wll project sound n excess of the sound levels of Secton 50 of ths Ordnance. Lghtng perceptble beyond the property lne shall be mnmzed n accordance wth Secton 53 of ths Ordnance. Results of all laboratory tests of pool water shall be avalable for nspecton by the Zonng Offcer or other Townshp Offcals. The operaton of the swmmng pool shall comply wth all other State, Federal or Local regulatons. 40. Tank Farm - Shall meet the applcable outdoor storage control provsons of Secton 508, and all applcable Federal, State and local regulatons. 4. Tax Termnallstaton - No addtonal standards. 42. Tenns Club a. No loudspeaker or amplfyng devce shall be permtted whch wll project sound n excess of the sound levels of Secton 50 of ths Ordnance. b. Lghtng perceptble beyond the property lne shall be mnmzed n accordance wth Secton 53 of ths Ordnance. 43. Trade School - No addtonal standards. 3-47

83 34. CONDTONAL USES. A. Furnose. Before a zonng permt s granted for any use lsted as a condtonal use n ths Ordnance, a Ste Plan shall be revewed by the Plannng Commsson, and approved by the Townshp Supervsors. Ths procedure s provded because of the consderable mpact that these uses tend to have on a communty. B. Procedure.. The Zonng Offcer shall deny a zonng permt for the proposed development untl wrtten approval of the Townshp Supervsors s obtaned. 2. All applcants for a condtonal use shall submt three (3) sets of Ste Plans for the proposed use to the Board of Supervson as pan of the applcaton for a zonng permt. 3. All Ste Plans shall contan the nformaton requred n Secton 409 c. 4. The Board of Supervsors shall forward one () copy of the Ste Plan to the Zonng Offcer and one () copy to the Plannng Commsson wthn seven (7) days of recevng the submsson The Zonng Offcer shall, wthn thrty (30) days of recevng the Ste Plan, revew the Plan to determne complance wth ths Ordnance and submt a wrtten report to the Board of Supervsors. The Plannng Commsson shall, wthn thrty (30) days of recept of the Ste Plan, revew the Plan to determne complance wth ths Ordnance and submt a wrtten recommendaton to the Townshp Supervsors. The Board of Supervsors shall not approve or deny the use wthout revewng any such report receved nor untl such thrty (30) days have expred. Falure of ether the Zonng Offcer or the Plannng Commsson to submt a wrtten report wthn thrty (30) days shall not prevent the Board of Supervsors from hearng and decdng the request. The Board of Supervsors shall revew the submsson for the proposed use and approve or dsapprove the use wthn skty 3-48

84 (60) days from the date an applcaton has been properly submtted. Approval may be made condtonal upon the applcant's adopton of specfed changes n the submsson. 9. The decson of the Board of Supervsors shall be n wrtng and shall be communcated to the applcant personally or maled to hm at hs last known address not later than ffteen (5) days followng the decson. C. &mroval of Condtonal Uses.. The Townshp Supervsors shall approve any proposed condtonal use f they fnd adequate evdence that any proposed use wll meet: a. b. All of the general standards lsted n Secton 34.D.: and All of the specfc standards for the proposed use lsted n secton 34.E. 2. n grantng a condtonal use, the Board of Supervsors may requre such reasonable condtons and safeguards (n addton to those expressed n ths Ordnance) as t may deem necessary to mplement the purposes of ths Ordnance. D. General Standards. Each condtonal use shall comply wth all of the followng general standards: ' ' E.. n conformance wth the sprt, purposes, ntent, and all applcable requrements of ths Ordnance n conformance wth all applcable provsons of all other Townshp Ordnances. n accordance wth the Townshp Comprehensve Plan. n conformance wth all applcable State and Federal laws, regulatons, and requrements. Sutable for the partcular locaton n queston. Not detrmental to the publc health or welfare. SDecfc Standards for Condtonal Uses. Each condtonal use shall 3-49

85 comply wth all of the followng specfc standards lsted for that use:. Cogeneraton Plant - Shall comply wth all applcable Federal, State and Local Regulatons. 2. Commercal Forestry a. b. E. d. e. f. g. h.. A Forestry Management Plan shall be prepared and followed. Ths Plan shall be prepared by a professonal forester, who has graduated from a college or unversty wth a four-year degree n Forest Resources Management. Ths Forestry Management Plan shall be submtted and revewed by the Pennsylvana Bureau of Forests and the Townshp Plannng Commsson pror to approval. The Forestry Management Plan shall be consstent wth the Tmber Harvestng Gudelnes or the Pennsylvana Forestry Assocaton. Clearcuttng shall be prohbted except on tracts or less than ten (0) acres. Ths provson shall not apply to State Game Lands where clearcuttng s done to beneft the natural habtat. On tracts larger than ten (0) acres, at least thrty (30%) percent of the forest cover (canopy) shall be kept and the resdual trees shall be well dstrbuted. At least between thrty (30%) percent to ffty (50%) of these resdual trees shall be composed of hgher value speces as determned by the Dstrct Forester. An Eroson and Sedmentaton Control Plan shall be submtted to the PA Department of Resources and the County Sol and Water Conservaton Dstrct for revew and recommendaton. The Townshp may requre restoraton of the forested area based upon recommendatons of the Dstrct Forester. All the other provsons of ths Ordnance shall also be met. 3. Fre Staton - Shall be located on a lot abuttng an arteral or collector street as defned by the Offcal Street Classfcaton Map. 4. Government Servces/Facltes - No addtonal standards U

86 5. Hosptal a. Shall be located on a lot abuttng an arteral or collector street as defned by the Offcal Street Classfcaton b. c. d. Map. More than one () access road of at least twenty (20') feet n wdth shall be provded from such arteral or collector street. More than one () fre ext shall be provded. All facltes shall be located on the ground floor, unless an elevator suffcent to accommodate rollng beds or ltters provdes access to other than ground floor levels. 6. Moble Home Park a. Shall have a mnmum tract sze of fve (5) acres and a maxmum overall densty of no more than ten (O) b. E. d. moble homes per acre. Shall have centralzed sewer and water. Shall have a twenty (20') foot buffer yard around the permeter of the ste. n accordance wth Secton 404 D. All applcable provsons of the Townshp Subdvson and Land Development Ordnance shall be compled wth. 7. Place of Worshp - Shall be on a lot at least two (2) acres n area and shall have adequate off-street parkng n accordance wth Artcle Planned Commercal Development a. Shall contan at least two (2) ndvdual uses permtted n the Dstrct and meet the defnton of "planned development" as defned n Artcle 2 of ths Ordnance. b. Shall provde off-street parkng and loadng space n accordance wth the standards set forth n Artcle 7. c. Shall be totally planned to functon as a sngle development unt. d. Shall be n accordance wth the performance standards of ths Ordnance and n accordance wth all development standards of the Townshp Subdvson and Land Development Ordnance. 3-5

87 9. Planned ndustrallbusness Park S. a. b. c. d. e. Shall contan a mnmum of twenty (20) acres. Shall be totally planned to functon as a sngle development unt. Shall be n accordance wth the performance standards of ths Ordnance and n accordance wth all development standards of the Townshp Subdvson and Land Development Ordnance. Shall contan at least two (2) ndvdual uses permtted n the Dstrct and meet the defhton of Planned Development as defned n Artcle 2 of ths Ordnance. Shall provde off-street parkng and loadng space n accordance wth the standards set forth n Artcle 7. Post Oftce - No addtonal standards. Publc Utlty Faclty - No addtonal standards. Rado/Televson Transmtter or Commercal Communcatons Tower a. b. An eght (8 ) foot fence shall be provded around all appurtenant structures. Any antenna or tower shall be setback a dstance equvalent to the heght of the antenna or tower from all property lnes and street rght-of-way lnes. SchoolslCollege - No addtonal standards. Sngle Famly Detached Dwellng - Provded there wll not be land use conflcts wth adjacent commerca uses; the supervsors may requre a landscaped buffer screen to avod potental land use conflcts. Sold Waste Dsposal ArealFaclty a. b. c. d. All sold waste shall be at least two hundred (200 ) feet from any adjonng lot. All sold waste shall be at least two hundred (200 ) feet from any publc hghway, road or street. The ste shall contan one () entrance and one () ext. Each of whch s not less than thrty (30 ) feet n wdth. Any burnng or ncneraton shall be carred out n a e- l

88 e. f. completely enclosed ncnerator approved by the D.E.R. The ste shall be selected and desgned by a regstered professonal engneer wth proven experence n sold waste dsposal plannng and operaton. The operaton and day-today mantenance of the sold waste dsposal area shall comply wth all applcable State and Federal regulatons. Sold waste storage areas of vehcles transportng waste to the faclty shall be cleaned pror to enterng a publc road. 6. Surface Mneral, Extracton - Shall comply wth all applcable Federal, State and Local Regulatons. 7. Townhouses t a. b. C. d. e. f. g. h.. j. k.. m. n. The development shall be served by publc or communty sewage and publc or communty water supply facltes. The mnmum amount of land n the development shall be fve (5) acres. The gross densty of the development shall not exceed ten (0) dwellng unts per acre. The maxmum buldng heght shall be thrty-fve (35 ) feet. The mnmum buldng setback lne shall be thrty (30 ) feet. A system for pedestran crculaton throughout the development shall be provded. The maxmum length of an apartment buldng or row of townhouses shall be 60 feet. No more than four (4) contnuous townhouses shall have the same front setback and the varatons n front setback shall be at least (2 ) feet. The mnmum wdth of a townhouse shall be eghteen (8 ) feet. No apartment buldng shall be located wthn ffty (50 ) feet of a property lne of the development. No townhouse shall be located wthn twenty-fve (25 ) of a property lne of the development. No apartment buldng shall be located wthn ffty (50 ) of another buldng. No townhouse shall be located wthn forty (40 ) feet of a dwellng whch s not n the same row of townhouses. No more than thrty percent (30%) of the total area of 3-53

89 0. P. r. S. t. U. V. W. X. the development shall be covered by buldngs. No more than thrty-fve (35%) of the total area of the development shall be paved. Exteror storage areas for trash and rubbsh shall be completely screened from vew on three sdes and all trash and rubbsh shall be contaned n vermn-proof contaners. No less than twenty percent (20%) of the total area of the development shall be permanently set asde for noncommercal common space purposes, such as park, recreaton, or conservaton of natural features. The common open space areas shall be sutable for the desgnated purpose and contan no structure or parkng faclty except as related to and ncdental to open space uses. Common open space areas may be reserved for prvate use or dedcated to the Townshp, f acceptable to the Townshp. For land whch s not dedcated to the Townshp wrtten agreement satsfactory to and approved by the Townshp Supervsors shall be made for the perpetual preservaton and mantenance of the undedcated common open space areas. All dead-end parkng lots shall provde adequate areas nto whch cars parked n the end stalls of the lot may back. Common parkng areas and access drves shall be located a mnmum of twenty (20 ) feet from all structures and from the exteror lot lnes of the development. Entrance and ext ways to parkng areas shall have a mnmum wdth of twelve feet for each lane of traffc enterng or leavng the areas. Parkng areas servng apartment buldngs and townhouses shall not be desgned or located to requre cars to back nto Collector or Arteral streets n order to leave the parkng areas. No more than ffteen (5) parkng spaces shall be permtted n a contnuous row wthout beng nterrupted by landscapng. Entrances to and exts from common parkng areas shall be located a mnmum of ffty (50 ) feet from the pont of ntersecton of the nearest street curb lnes. Two (2) off-street parkng spaces shall be provded for each dwellng unt wthn the development >

90 ' d 4 8. Underground Mneral Extracton - Shall comply wth all applcable Federal. State and Local Regulatons. 9. Utlty Substaton - All equpment shall be enclosed n a buldng or by a sght-obscurng screen, masonry wall, wooden fence, or a chanlnk fence wth evergreen vnes at least eght (8') feet n heght. 3-55

91 35. ACCESSORY USES. A. n General. An accessory use on the same lot and customarly ncdental to a permtted prncpal use s permtted by rght. B. C. Y ' ements, m Every accessory use shall comply wth the yard regulatons for the dstrct n whch t s located, except as otherwse specfcally provded n ths Ordnance. Swcal Standards. Each accessory use shall comply wth all of the followng standards lsted for that use:. Bed and Breakfast Use a. b. C. d. e. h.. No more than three (3) guest rooms shall be provded and no more than two (2) adults and two (2) chldren may occupy one guest room. One () off-street parkng space shall be provded for each guest room. The off-street parkng spaces shall be located ether to the rear of the man dwellng or screened from the roadway and adjonng propertes by fencng or natural vegetaton. At least one () bathroom shall be provded for use by guests. There shall be no use of show wndows or any type of dsplay or advertsng vsble from outsde the premses, except for a sngle sgn no larger than two (2) square feet n sze constructed and placed n accordance wth Artcle 6. No external alteratons to the exteror structure shall be permtted except as requred by the Pennsylvana Department of Labor and ndustry or for safety reasons as requred by any other governmental Agency. The use shall be carred on by members of the mmedate famly, who must resde on the premses. There shall be no separate ktchen or cookng facltes n any guest room. Food served to guests on the premses shall be lmted to breakfast only. The maxmum, unnterrupted length of stay at a bed and breakfast shall be fourteen (4) days. The use of any amentes provded by the bed and breakfast, such as swmmmg pool or tenns court, shall be restrcted n use to the guests of the establshment. The use may not be establshed untl there s complance

92 ; f k. Bus Shelter a. b. wth all Townshp rules and regulatons. The exstng sewage dsposal system shall be recertfed as beng adequate, n accordance wth State regulatons. Shall be nstalled upon a concrete foundaton. Shall not reduce the sghtlne below the requrements lsted n Secton 404.C. Cafetera, Chld Care Center or Recreaton Facltes for Employees Only - Shall meet all applcable Federal, State and Local Regulatons. Commercal or ndustral Outdoor Storage and Dsplay. a. Locaton. Shall not occupy any part of the street rght-ofway, area ntended or desgned for pedestran use, requred parkng atea, or part of the requred front yard. b. Sze. Shall occupy an area less than one-half the exstng buldng coverage. A Specal Excepton may be authorzed by the Zonng Hearng Board for no more than twenty-fve (25%) percent of the lot area to be used for outdoor storage or dsplay. Crop Storage a. b. c. The area used for storage shall not occupy any part of front, sde or rear yards. The use shall not be dangerous to the publc health or safety. The applcable outdoor storage control provsons of Secton 508 shall be met. Dwellng Unt as an Accessory Use to a Nonresdental Use a. b. No more than one () dwellng unt shall be permtted for any nonresdental prncpal use. The floor area of the dwellng unt shall not exceed the floor area of the nonresdental use (f-prmarly wthn a buldng) or ffty (50%) of the ground area of the nonresdental use (f prmarly outdoor). Fences and Walls. 3-57

93 a. Fences and walls n the requred sde and rear yard areas shall not exceed sx (6 ) feet n heght (except tenns court fences whch shall not exceed ten (lo ) feet n heght), and shall be at least two (2 ) feet from a lot lne or easement lne unless the abuttng property owner agrees n wrtng to allow t to be closer. b. Fences or walls placed n the requred front yard shall not exceed fve (5 ) feet n heght and shall be no closer that one ( ) foot to a propew lne. 8. Home Gardenng, Nurseres, and Greenhouses - No outdoor storage of equpment shall be permtted. 9. Home Occupaton a. b. C. d. e. h.. The home occupaton shall not be conducted on the premses outsde of a buldng. The home occupaton shall not exceed twenty-fve (25%) percent of the floor area of the prncpal dwellng unt. There shall be no outsde storage of materals. There shall be no use of show wndows or any type of dsplay or advertsng vsble from outsde the premses, except for sgns as permtted n Artcle 6. No more than two (2) employees may work on the premses at the same tme who are not resdents of the prncpal dwellng unt. No servcng by truck n excess of three (3) tmes per week shall be permtted. Uses permtted as a home occupaton nclude: art studo, professonal offce, and nstructon of not more than four (4) pupls smultaneously (or n the case of muscal nstructon,. not more than three (3) pupls smultaneously). The followng uses shall not be permtted as a home occupaton: anmal hosptal, stable, kennels, funeral home, retal store, or restaurant. No machnely or equpment shall be permtted that produces nose, odor, vbraton, lght or electrcal nterference beyond the boundaly of the property. 0. Home Related Busness a. Employees. Nonfamly members shall not exceed one () person on the premses at any one tme

94 .. l- b. C. d. e. f. g. h.. Sze. The use shall not exceed twenty-fve (25%) percent of the total floor area of the dwellng unt or 500 square feet, whchever s less. Sgn. There shall be no use of show wndows or any type of dsplay or advertsng vsble from outsde the premses, except for a sngle sgn no larger than two (2) square feet n sze constructed and placed n accordance wth Artcle 6. Parkng and Loadng. Adequate space for off-street parkng and loadng shall be provded n accordance wth ths Ordnance. Buldng Appearance. There shall be no change n the exstng outsde appearance of the buldng or premses or other vsble evdence of the conduct of a home related busness. Outdoor storage of materal and equpment shall be prohbted. Nusance. No machnery or equpment shall be permtted that produces nose, odor, vbraton, lght or electrcal nterference beyond the boundary of the property. Storage. The outsde storage of materals, equpment or products shall be prohbted. Busness Vehcles. A maxmum of two vehcles whch are used for a home related busness shall be permtted on the lot of the home related busness. No one vehcle shall exceed 0,OOO pounds. Nor shall the combned weght of one vehcle and another vehcle (motorzed or nonmotorzed such as a traler or equpment) that are attached together exceed 0,OOO pounds. ncludes such uses as an electrcan, plumber, carpenter and other tradesmen.. Keepng of Anmals and Pets. NOTE: Ths secton apples only to Accessory Uses. t does not apply to Prncpal Uses such as anmal husbandry or other agrcultural uses. a. Number. No more than sx (6) customary household pets or domestc anmals (e.g., dogs, cats, canares, etc.) and no more than fourteen (4) fowl (e.g.. chckens, Nrkeys, etc.) may be kept. Sx or more adult dogs or cats shall ConstNte a kennel. b. Commercal Use. Commercal breedng or use of these pets shall not be permtted under ths use. c. Large Anmals and Fowl. Large anmals (such as cattle, horses, goats and pgs) and fowl (such as chckens and 3-59

95 turkeys) shall be stabled or housed n buldngs at least one hundred (00 ) feet from any lot lne. Large grazng anmals may be kept only on lots --2 acres per anmal. 2. Noncommercal Swmmng Pool - A noncommercal swmmng pool desgned to contan a water depth of thrty (30 ) nches or more shall not be located, constructed or mantaned on any lot or land area except n conformty wth the followng requrements: 3. Pond a. Permt. A Zonng Permt shall be requred to locate. construct or mantan a noncommercal swmmng pool; the permt must be certfed by the Sewage Enforcement Offcer. b. Locaton. Such pool shall be located n a rear or sde yard only. No above or n-ground pool shall be located wthn ffteen (5 ) feet of a sde or rear lot lne or under any electrcal lnes, or over any on-lot sewage dsposal feld or system. c. Fence. Every n-ground noncommercal swmmng pool shall be entrely enclosed wth a chldproof fence of not less than four (4 ) feet n heght equpped wth a self closng gate or platform. a. b. The developer of any pond shall obtan all requred state and federal permts. No pond shall be of such a sze or character as to create any dangerous, noxous, or objectonable condton. 4. RadolTelevson Transmtter or Recever a. b. An eght (8 ) foot fence shall be provded around all appurtenant structures. Any antenna or tower shall be setback a dstance equvalent to the heght of the antenna or tower from all property lnes and street rght-of-way lnes. 5. Recreatonal Vehcle - No recreatonal vehcle or unt shall be stored for a perod of three (3) consecutve months wthn a front yard or wthn ten (0 ) feet of a sde yard or a rear yard lne. 3-60

96 6. Resdental Accessory Buldng, Structure or Use. Permned resdental accessory buldngs, structures or uses nclude: a. Fences and Walls.. () () Fences and walls n the requred sde and rear yard areas shall not exceed sx (6 ) feet n heght (except tenns court fences whch shall not exceed ten (0 ) feet n heght), and shall be at least two (2 ) feet from a lot le or easement lne unless the abuttng property owner agrees n wrtng to allow t to be closer. Fences or walls placed n the requred front yard shall not exceed fve (5 ) feet n heght and shall be no closer that one ( ) foot to a property lne. b. Buldng. - c () () No accessory buldng larger than one hundred forty-four (44) square feet shall be located wthn a requred front, sde, or rear yard, and shall not exceed ffty (50%) percent of the floor area of the prncpal buldng. An accessory buldng one hundred forty-four (44) square feet or smaller n sze, not exceedng ten (O ) feet n heght, shall not be located n a requred front yard, but may be located up to wthn fve (5 ) feet of a sde or rear property lne. 7. Seasonal Roadsde.Stand - Roadsde stands for the sale of dary, farm, greenhouse, or nursery products are permtted wth the followng restrctons: a. Sze. The area where products are dsplayed or sold shall not exceed eght hundred (800) square feet. b. Locaton. The stand shall be at least ffty (50 ) feet from an ntersecton, and shall be at least thrty (30 ) feet from the cartway. c. Removal n Off-season. The stand shall be portable, shall be mantaned n good condton and shall be removed durng seasons when products are not beng offered for sale. d. Parkng. Parkng for vehcles shall be provded off the 3-6

97 exstng and future street rght-of-way and n complance wth the provsons of Artcle Solar Energy System - No solar energy system shall deny solar access of adjacent lots. 9. Temporary Structure or Use - A temporary permt may be ssued by the Zonng Offcer for structures or uses necessary durng constructon or other specal crcumstances of a nonrecurrng nature subject to the followng addtonal provsons: a. b. 20. TennsCoun Duraton. The lfe of such permt shall not exceed one () year and may be renewed for an aggregate perod of not more than two (2) years. Removal. Such structure or use shall be removed completely upon expraton of the permt wthout cost to the Townshp. a. A tenns court shall not be located n front of the prncpal buldng and shall not be located wthn any requred yard areas. b. No lghtng shall shne drectly beyond a boundary of the lot where the tenns court s located. 2. Wndmll a. All wndmlls shall be enclosed by a fence at least four (4 ) feet n heght whch s located at least fve (5 ) feet from the base of such wndmll. b. No wndmll shall be permtted the desgn of whch permts any vane, sal, or rotor blade to pass wthn ten (0 ) feet of the ground. All electrcal wrng leadng from a wndmll shall be located underground a P Tt - -

98 ARTCLE 4 GENERAL REGULATONS 40. CMT OF ONE PRNCPAL U SE. No more than one () prncpal use shall be permtted on a lot, unless specfcally permtted by ths ordnance PRNCPAL BULDNGS A. Street Frontage Reoured. Every prncpal buldng shall be bult upon a lot wth frontage upon a publc or prvate street mproved to meet Townshp standards or for whch such mprovements have been nsured by the postng of a performance guarantee pursuant to the Subdvson and Land Development Ordnance, exceptng however, those prncpal buldngs specfcally approved by the Board of Supervsors. B. Two or More on a Lot. Except for agrcultural buldngs, two (2) or more prncpal buldngs on a lot shall:. be separated by at least twce the requred sde yard n that Dstrct and 2. conform to the standards and mprovements requred for a land development by the Subdvson and Land Development Ordnance MAXMUM HEGHT OF BULDNGS. No buldng shall exceed the maxmum buldng heght standard specfed n the relevant dstrct regulatons of ths Ordnance, except that such standard shall not apply to farm structures, slos, water towers, church spres, belfres, solar energy collectors (and equpment used for the mountng or operaton of such collectors), wndmlls, chmneys, or other appurtenances usually requred to be placed above the roof level and not ntended for human occupancy. Although exempted from structural heght lmtatons, these stn~chlres shall not dmnsh the solar access of other propertes. 4-

99 404. SPECAL LOT AND YARD REOU REMENTS. A.,n General.. The lot or yard requrements for any new buldng or use shall not nclude any part of a lot that s requred by any other buldng or use to comply wth the requrements of ths Ordnance. 2. No requred lot area or yard shall nclude any property (the ownershp of whch has been transferred subsequent to the effectve date of ths Ordnance), f such property was a part of the area requred for complance wth the dmensonal requrements applcable to the lot from whch such transfer was made. B. Excmtons m. o. Nonconformng Lots. See Secton rregularly Shaped Lots. n the case of rregularly shaped lots the mnmum lot wdth specfed n the dstrct shall be measured at the rear lne of the mnmum requred front yard, provded that n no case shall the lot frontage measured at the street rghtof-way lne be less than seventy (70%) percent of the mnmum lot wdth except n the followng SNatOns: on cul-de-sacs or coum or street centerlne curves of less than three hundred (300 ) feet radus where the lot frontage measured at the street rght-of-way lne shall not be less than forty (40%) percent of the mnmum lot wdth. - - C. 4-2

100 3. Through Lots. Front yards shall be provded along all portons of a through lot abuttng any street, except where a provson of a dfferent yard wll comply wth the prevalng front yard pattern on adjonng lots Comer Lots. Front yards shall be provded along all portons of a comer lot abuttng any street, except where the provson of a dfferent yard wll comply wth the prevalng yard pattern on adjonng lots. Septc Systems. Nothng n ths Ordnance shall prevent the Townshp Sewage Enforcement Offcer from requrng a mnmum lot sze larger than what s stated n ths Ordnance to carry out State and Townshp sewage regulatons, ncludng Subdvson and Land Development Ordnance and other ordnances that may be adopted and amended from tme to tme., - : E a. A trangular area as defned n Secton 404.C.l.c shall he graded and shall be free of sght obstructons so that vson between a heght of from two to ten (2-0 ) feet above the centerlne grades of the ntersectng streets s not obscured. b. By means of deed restrcton, lease restrcton, or plan amendment. (whchever method s applcable), vegetaton shall not be planted or allowed to grow n such a manner as to obscure vson between a heght of from two to ten (2-0 ) feet above the centerlne grades of the ntersectng streets wthn the trangular area defned n Secton 404.C.l.c. c. Such trangular area shall be bounded by the ntersecton street centerlnes and a dagonal connectng two ponts, one whch s at each end of the centerlne of each street: () () One hundred and ffty (50 ) feet from the ntenecton of such street centerlnes, f ether street s an arteral street: One hundred (00 ) feet from the ntersecton of 4-3 C. Traffc Vsbltv Across Comers.. Sghtlnes at ntersecton of Streets.

101 () such street centerlne f ether street s a collector street: and Seventy-fve (75 ) feet from the ntersecton of such street centerlnes, f both streets are local streets. l % F ETHER STREET S W ARTERAL STREET 00 F ETHER STREET S A COLLECTOR STREET 7S F BOTH STREETS ARE LOCAL STREETS 2. Sghtlnes at ntersectons of Drveways or Accessways wth Streets. a. A trangular area as defned n Secton 404.C.2.c. shall be graded and shall be free of sght obstructons so that vson between a heght of from two to ten (2-0 ) feet above the centerlne grades of the ntersectng drveway, accessway, or streets s not obscured. b. By means of deed restrcton, lease restrcton, or plan amendment (whchever method s applcable), vegetaton shall not be planted or allowed to grow n such a manner so as to obscure vson between a heght of from two to ten (2-0 ) feet above the centerlne grades of the ntersectng drveway, accessway, or streets wthn the trangular area defned n Secton W.C.2.c c. Such trangular area shall be bounded by the nersectng drveway, accessway, or street centerlnes and a dagonal connectng two ponts, one whch s at each end of the centerlne of each drveway, accessway, or street thrty (30 ) feet from the ntersecton of such centerlnes. 4-4

102 ,l D. puffer Yards. Any nonresdental use, excludng agrcultural uses except as otherwse requred whch borders any Suburban Resdental Dstrct or Rural Resdental Dstrct shall provde buffer yards whch comply wth the followng standards:. Sze, Locaton. a. b. c. A twenty (20') foot buffer yard shall be requred unless otherwse ndcated n ths Ordnance. The buffer yard shall be measured from the dstrct boundary lne or from the street rght-of-way lne (where a street serves as the dstrct boundary lne). Buffer yards shall not be wthn an exstng or future street rght-ofway and shall be n addton to that rght-of-way. The buffer yard may be contguous wth a requred front, sde, or rear yard, provded the larger yard requrement shall apply n case of conflct. 2. Characterstcs. a. The buffer yard shall be a landscaped area free of structures, nanufacturng or processng actvty, materals, or vehcular parkng. No drveways or streets shall be permtted n the buffer yards except at ponts of ngress or egress. b. n all buffer yards, all areas not wthn the plantng screen shall be planted wth grass seed, sod or groundcover, and shall be mantaned and kept clean of all debrs, rubbsh, grass more than twelve (2") nches n heght, or weeds. 3. Plantng Screen. a. Each buffer yard shall nclude a Plantng Screen of trees, shrubs, andlor other plant materals extendng the full

103 length of the lot lne to sene as a barrer to vsblty, arborne partcles. glare and nose. b. Each Plantng Screen shall be n accordance wth the followng requrements: 4. Plans. Plant materals used n the plantng screen shall be of such speces and sze as wll produce, wthn two (2) years a complete year-round vsual screen of at least eght (8 ) feet n heght. The Plantng Screen shall be permanently mantaned by the landowner and plant materal whch does not lve shall be replaced wthn one () year. The Plantng Screen shall be so placed that at maturty t wll be at least three (3 ) feet from any street or property lne. The Plantng Screen shall be broken only at ponts of vehcular or pedestran access and shall comply wth Secton 404.C. c. n crcumstances where t s mpractcal for a Plantng Screen to meet all the requrements of ths Secton or would create an undue hardshp, the Zonng Hearng Board may modfy the requrements or approve acceptable alternatves whch shall satsfy the sprt, objectves and ntent of the screen requrements. a. Pror to the ssuance of any Zonng Permt, the applcant shall submt plans showng b. () () () the locaton and arrangement of each buffer yard. the placement, speces, and sze of all plant materals, and the placement, sze materals and type of all fences to be placed n such buffer yard. Such plans shall be revewed by the Zonng Offcer to ascertan that the plans are n conformance wth the terms of ths Ordnance. 4-6

104 405. PSTABLSHMENT ;0 D S OR D. A. pumose. Mnmum future rght-of-way wdths are establshed for roads where the exstng rght-of-way s less than that ndcated n Secton 405.C. for the partcular class of road. B. Measurement.. The future rght-of-way shall be measured from the centerlne of the exstng road All front yards and and other approprate yards shall be measured from the future rght-of-way lne. The specfc classfcaton of each road s shown on the Offcal Street Classfcaton Map whch s hereby ncorporated nto and made a part of ths Ordnance. C. Mnmum Future Rghts-of-way are as follows: Street Classfcaton Mnmum Future Reht-of-Way Arteral Hghway 80' Collector Street 60' Local Street 50' 406. FRONTAGE DEVELOPMENT ALONG ARTERAL AND COLLECTOR -n order to encourage the sound development of frontage along arteral and collector streets (as defned on the Offcal Street Classfcaton Map) and to mnmze traffc congeston and hazard, the followng specal provsons shall apply: A. Off-street Parkne and hadne. All areas for off-street parkng, offstreet loadng and unloadng, and the storage or movement of motor vehcles shall be physcally separated from the hghway or street by a rased curb, plantng strp, wall, or other sutable barrer aganst unchannelled motor vehcle entrance or ext, except for necessary accessways or access roads whch supply entrance to and egress from such parkng, loadng or storage area. All parkng areas or lots shall be desgned to prohbt vehcles from backng out on the street, and the capacty of each lot shall provde adequate storage area and dstrbuton facltes upon the lot to prevent back-up of vehcles on a publc street 4-7

105 B. C. whle awatng c ny to the lot. Access. Each use wth less than one hundred (00') feet of frontage on an arteral or collector street shall have not more than one () accessway to each such street, and no busness or other use wth one hundred (loo') feet or more of frontage on an arteral or collector street shall have more than two (2) accessways to any one street for each three hundred (300') feet of frontage. Where practcable, access to parkng areas shall be provded by a common servce drveway n order to avod drect access to an mral or collector street. Planned Develo~me nts. n the case of a planned development, shoppng center, offce complex, group of multple famly dwellngs, or smlar groupng of prncpal buldngs on a lot, and n any other case where practcable: Each prncpal buldng shall front upon a margnal access street, servce road, common parkng lot, or smlar area and not drectly upon a publc street. Each pont of vehcular access to and from a publc street shall be located at least two hundred (200') feet from the ntersecton of any publc street rght-of-way lnes, provded that such pont of vehcular access whch converts a "T" ntersecton nto an ntersecton of streets whch cross one another shall be permtted. Provson shall be made for safe and effcent ngress and egress to and from publc streets and hghways servng the unfed development, wthout undue congeston to or nterference wth normal traffc flow wthn the Townshp. All streets and accessways shall conform to the specfcatons determned by the Townshp Engneer and the requrements of the Townshp Subdvson and Land Development Ordnance. Provson shall be made for adequate sgnalzaton, turn, standby and deceleraton lanes, and smlar facltes where deemed necessary by the Townshp Engneer. All drveways, asles, maneuverng spaces, vehcular servce areas or spaces between or about buldngs, other than those related to a dwellng shall be adequately llumnated durng nght hours of use at no cost to the Townshp. 4-8

106 ' ; ' D. Reverse Frontage Encouraeed. Drect vehcular access from ndvdual lots abuttng arteral or collector streets shall be strongly dscouraged and reverse frontage shall be encouraged NONCONFORM''ES A. Peestraton S ctures. The Zonng Offcer may upon adopton of ths chapter or amendment thereof dentfy and regster all nonconformng uses and structures. Upon dentfyng the nonconformty, the Zonng Offcer shall mal regstraton forms to the owner of record whch also explan the nature of the nonconformty. The owner of record shall sgn the forms, pay such fee as set forth n the Townshp's fee schedule and return the orgnal and one () copy to the Zonng Offcer wthn sxty (60) days. B. Contnuaton. Any nonconformng use, structure, or lot may be contnued, mantaned, mproved, and repared, provded t conforms to the remander of ths secton. C. A $ xtens'o.. Nonconformng Structure. a. A nonconformng structure may be altered, reconstructed or enlarged provded that such alteraton, reconstructon or enlargement does not ncrease the nonconformance or the nonconformng part of the structure. b. n the ease of a nonconformng structure whch s used by a nonconformng use, such alteraton extenson or enlargement shall also meet the requrements of Secton 407.C Nonconformng Lot. a. EJonresdental Lots. A buldng may be constructed on a nonconformng, nonresdental lot provded the yard and lot coverage requrements of ths ordnance are met and all DER requrements are met. b. Resdental Lots. A buldng may be constructed on a nonconformng, resdental lot provded the mnmum yard and maxmum land coverage requrements are compled wth and all DER requrements are met. 49

107 3. Nonconformng Use. Nonconformng uses shall not he altered, reconstructed, extended or enlarged, except n accordance wth the followng provsons: a. Such alteraton, reconstructon extenson or enlargement shall be permtted only by condtonal use from the Board of Supervsors. b. Any alteraton, reconstructon, extenson or enlargement that results n an ncrease n total floor area of the nonconformng use by more than ffty (50%) percent from that floor area that exsted at the tme of the adopton of ths Ordnance shall be only upon the same lot as n exstence at the date the use became nonconformng. E. n computng the area occuped by any nonconformng use only the porton of the ground area, f any, of any lot upon whch the nonconformng use exsts shall be consdered. The computatons for volume and area, both n establshng the extent of the nonconformty, and n determnng the lmts of ts expanson shall be separate. D. Restoraton. A nonconformng buldng or any buldng contanng a nonconformng use destroyed by fre, exploson, flood or other phenomenon, or legally condemned, may be reconstructed and used for the same nonconformng use, provded that reconstructon of the buldng shall be commenced wthn one () year from the date the buldng was destroyed or condemned and shall be completed wthn one () year of the date commenced. An applcaton must be made for a buldng permt to rebuld; the fee shall be waved. E. - 0 Whenever a nonconformng use, structure, or lot s sold to a new owner, a prevously lawful nonconformng use may be contnued by the new owner, provded that the new owner shall re-regster the nonconformng use wth the Zonng Offcer wthn sxty (60) days after fml settlement. F. Abandonment.. f a nonconformng use of a buldng or land s dscontnued, d, removed, or abandoned for 740 consecutve days, subsequent use of such buldng or land shall conform wth the regulatons of the dstrct n whch t s located. 2. The act of abandonment and the ntent to abandon shall be :

108 G. Chanees. presumed to commence on the date when customary efforts to contnue the use (operaton, lease, sale, etc.) cease.. Once changed to a conformng use, no structure or land shall be permtted to revert to a nonconformng use. 2. A nonconformng use may be changed to another nonconformng use only f permtted as a Specal Excepton by the Zonng Hearng Board after the followng condtons are met: a. The applcant shall show that the nonconformng use cannot reasonably be changed to a conformng use. The applcant shall show that the proposed change wll be equally or less objectonable n external effects than the exstng nonconformng use wth regard to: () () () (v) Traffc generaton and congeston (ncludng truck, passenger car, bcycle and pedestran traffc), Nose, smoke, dust, fumes vapors, gases, heat, odor, glare or vbraton. Storage and waste dsposal. and Appearance. H. Dstrct Chanees. Whenever the boundares of a dstrct are changed so as to uansfer an area from one dstrct to another dstrct, the foregong provsons shall also apply to any nonconformng uses or structures exstng n the dstrct to whch the area was transferred Y F 0 S., A temporary permt may be ssued by the Zonng Offcer for structures or uses necessary durng constructon or other specal crcumstances of a nonrecurrng nature subject to the followng addtonal provsons: A. The lfe of such permt shall not exceed one () year and may be renewed for an aggregate perod of not more than two (2) years. B. Such structure or use shall be removed completely upon expraton of the permt wthout cost to the Townshp. 4-

109 409. gtep LAN REVEW A. Scow. Before a zonng permt s ssued for any use desgnated n Artcle 3 as requrng Ste Plan Revew, the procedures of ths Secton shall be followed n order to more effectvely admnster, enforce, and mplement the purposes, ntent, and requrements of ths Ordnance. 2. Any proposed development whch consttutes a "Land Development" as defmed n the Townshp Subdvson and Land Development Ordnance shall not be requred to follow the procedures of ths Secton. B. Procedure. a. b. c. When the applcant apples to the Zonng Offcer for a Zonng Permt, the applcant shall submt three (3) complete sets of Ste Plans. No Zonng Permt shall be granted untl after the Plannng Commsson submts ts recommendaton to the Zonng Offcer or after forty-fve (45) days of the date the Ste Plans were submtted. Ste Plan approval shall not releve the applcant from any other provsons of ths Ordnance nor consttute a recommendaton for a varance or other relef that the applcant may seek from the Zonng Hearng Board. 2. The Zonng Offcer shall forward two (2) copes of the Ste Plan to the Plannng Commsson wthn seven (7) days of the date of offcal plan submsson. The Zonng Offcer shall retan one () copy of the Ste Plan for revew. 3. a. b. c. The Plannng Commsson shall make a wrtten recommendaton to the Zonng Offcer wthn forty-fve (45) days of the date the Plan was submtted on whether the Ste Plan ndcates that a Zonng Permt should be granted or dened. The Wrtten recommendaton shall nclude the underlyng fnangs and reasons affectng the recommendaton. Falure to make a wrtten recommendaton wtbn such forty-fve (45) days shall be consdered a recommendaton to ssue such Zonng Permt. 4-2 f

110 n 4. a. b. c. The Zonng Offcer shall revew the Ste Plan and the Plannng Commsson's recommendatons and ssue or deny the Zonng Permt wthn sxty (60) days after the Ste Plan was offcally submtted. The decson of the Zonng Offcer shall be n wrtng and shall be communcated to the applcant personally or maled to hm at hs last known address not later than the day followng the decson. The decson shall ndcate the specfc provsons of ths Ordnance and other laws whch have not been met and the specfc reasons therefor. C. $3 The followng nformaton shall be ncluded on the ste plan: P ". ' A statement descrbng the proposed use: A sketch plan map showng the general layout of the lot, the locaton of the proposed buldng, exstng and proposed streets, proposed drveways and access ponts, and the adjacent land uses: The locaton, dmensons and heght of proposed buldngs: The locaton, dmensons (numbers shown), and arrangements of all open spaces and yards, and fences: Zonng Dstrct and requrements: Methods of sewage and water servce, ncludng proposed well locatons and locatons of proposed areas for on-lot sewage dsposal: Proposed ste gradng and dranage provsons: and f the ste s located wthn a steep slope area or flood-prone area, all of the ste plan nformaton requred n Secton 409.D. shall be requred. D. Ste r a le- am'l De ched pwellnes. The followng nformaton shall he ncluded on the ste plan:. A statement descrbng the proposed use. 4-3

111 2. A ste layout drawn to a scale of not less than one nch (") equals fty (50') feet showng the locaton, dmensons, and area of each lot, the locaton, dmensons and heght of proposed buldngs, structures, streets, and any exstng buldngs n relaton to property and street les. f the applcaton relates to property whch s scheduled to be developed n successve stages, such plans shall show the relatonshp of the ponon scheduled for ntal development to the proposed layout of the entre property The locaton, dmensons (numbers shown) and arrangements of all open spaces and yards, landscapng, fences, and buffer yards ncludng methods and materals to be employed for screenng. The locaton, sze (numbers shown), arrangement and capacty of all areas to be used for motor vehcle access, off-street parkng, off-street loadng and unloadng, and provsons to be made for lghtng such areas. The dmensons (numbers shown), locaton, and methods of llumnaton for sgns and exteror lghtng. The locaton and dmensons of sdewalks and all other areas to be devoted 0 pedestran use. Provsons to be made for treatment and dsposal of sewage and ndustral wastes and water supply. The capacty and arrangement of all buldngs used or ntended to be used for dwellng purposes, ncludng the proposed densty n terms of number of dwellng unts per acre of land. A descrpton of any proposed ndustral or commercal operatons n suffcent detal to ndcate effects of those operatons n producng nose, glare, ar polluton, water polluton, fre hazards, traffc congeston or other safety hazards. Descrpton of methods to be employed n controllng any excess nose, ar polluton, smoke, fumes, water polluton, fre hazards or other safety hazards. Ste contours at two (2') foot ntervals $

112 All proposed ste gradng and dranage provsons and proposals. A key map showng the entre project and ts relaton to surroundng propertes and exstng buldngs thereon. Zonng dstrcts and requrements. Sols, slopes, and floodplan delneatons (f requred by Zonng Offcer). Certfcaton by the person who prepared the Ste Plan. Certfcaton of ownershp and acknowledgment of plan sgned by owner or developer. E. Ste Desen Gudelnes. The followng gudelnes are dvded nto eght (8) categores to assst the applcant n the preparaton of ste and buldng plans and to assst the Plannng Commsson and the Zonng Offcer n ther revews of all Ste Plans. These gudelnes are meant to encourage creatvty, nnovaton, and welldesgned developments. They apply to prncpal buldngs and structures and to all accessory buldngs, structures, sgns and other ste features.. Relaton of Proposed Buldngs to the Surroundng Envronment. Relate proposed structure(s) harmonously to the terran and to exstng buldngs that have a vsual relatonshp to the proposed structure(s). To acheve ths favorable relatonshp between exstng and proposed uses, create focal ponts wth respect to avenues of approach, terran features or other buldngs and relate open space between all exstng and proposed buldngs Drve, Parkng, and Crculaton. For vehcular and pedestran crculaton (ncludng walkways, nteror drves, and pkkmg) gve specal attenton to the locaton and number of access ponts to publc streets, wdth of nteror drves and access ponts, general nteror crculaton, separaton of pedestran and vehcular traffc, arrangement of safe and convenent parkng areas. Desgn these vehcular and pedestran areas to enhance the appearance of and access to the proposed buldngs and structures and to the neghborng propertes. Surface Water Dranage. Gve specal attenton to proper ste surface dranage to ensure that removal of surface waters wll not adversely affect ether neghborng propertes or the publc 4-5

113 storm dranage system. Remove and effcently cany away all storm water from all roofs, canopes, and paved areas. Collect surface water from all paved areas to permt vehcular and pedestran movement Utlty Servce. Place electrc and telephone lnes underground, where possble.,locate, pant, and undertake any other treatment to'ensure that any utltes whch reman above ground wll have a mnmal adverse mpact on neghborng propertes. Advertsng Features. Ensure that the sze. locaton, lghtng, and materals of all permanent sgns and outdoor advertsng structures or features wll enhance rather than detract from the desgn of proposed buldngs and structures and the neghborng propertes. Specal Features. Provde needed setbacks, screen plantngs and other screenng methods for exposed storage areas, exposed machnery nstallatons, servce areas, truck loadng areas, utlty buldngs and structures, and smlar accessory areas and structures to help make them compatble wth the exstng or contemplated ste desgn and wth neghborng propertes. Preservaton of Landscape. Preserve the landscape n ts natural state by mnmzng tree and sol removal. Ensure that grade changes are compatble wth the general appearance of neghborng developed areas. Solar Energy Use. Consder the desrablty and feasblty of actve and passve solar energy use. Orent proposed buldngs and provde structures to provde for solar energy use and to preserve solar access of adjonng propertes. 40. FRESAFETY A. &e~& Ths Secton recognzes that the Townshp as of the date of ths Ordnance does not have n place a buldng code. Ths Secton therefore seeks to ensure an essental level of publc safety for resdents or employees of any buldng. B. Fe Chef Revew. The Zonng Offcer may requre that an applcant for any apartment, townhouse, commercal or ndustral use provde such nformaton as s reasonable for the Townshp Fre Chef or other Townshp representatve to revew the proposed use for fe safety. 4-6

114 C. F m Any dwellng unt that s attached to any other dwellng unt shall nclude approprate fre walls between each dwellng unt. Fre walls shall meet approprate standards as determned by the Townshp. The Board of Supervsors reserve the rght to revew, approve or dsapprove the fre wall desgn and constructon. All requred fre walls shall be placed from the basement floor to the undersde of the roof. D. Addtonal Reaurements. The Board of Supervsors may place such addtonal requrements on any use as s reasonable and necessary to protect the publc from explosves or fre hazards. 4-7

115 ARTCLE 5 ENVRONMENTAL PROTECTON 50 JXVRONMENTALPRES ERVATON REQURED. A. All uses shall be developed n a manner consstent wth the preservaton of the qualty of the exstng envronment and of any natural amentes present on the ste. B. All uses shall provde for the preservaton and the mnmum destructon of natural dranage areas, mnmum gradng and destructon of the ground surface, the preservaton of substantal stands of trees and forested areas, and the preservaton of attractve vews and any other natural features exstng on the ste. 502 NUSANCES PROHBTED. No land or structure n any Zonng Dstrct shall be used or occuped n any manner that creates any A. B. C. Dangerous, njurous, noxous, or otherwse objectonable condton, Fre, explosve. or other hazards, Heat, electromagnetc or other radaton, D. Nose or vbraton, E. F. G. Smoke, dust, odor or other form of ar polluton, Any condton defned n Secton 70, subsecton X of the Second Class Townshp Code, Act of May, 933 (P.L. 03. No. 69). reenacted and amended July 0, 947 (P.L. 48, No. 567) as amended. Any other condton n such manner or n such amount as to adversely affect the reasonable use or value of the surroundng area or adjonng premses or be dangerous to publc health or safety STEEP SLOPES. 5-

116 A. gows. venc ve 00ft. brzontal dstance), Development on Slopes n excess of twenty-fve (25%) percent shall be treated as a Condtonal Use before the Board of Supervsors and shall requre Ste Plan Revew by the Plannng Commsson and the Townshp Engneer. B.. rct Secton 305 contans addtonal regulatons governng the use of land and structures n the Conservaton Dstrct AREA SWTHH GH WATER TABL E. A. Any proposed land use whch may drectly (by means of effluent dscharge nto the ground) or ndrectly through the leachng of stored materals result n the polluton of the groundwater shall be prohbted from developng n any area whch has a year-round or seasonal hgh water table whch comes to wthn any dstance of the ground surface whch volates D.E.R. regulatons. B. The determnaton of such hazards shall be made by the approprate State agency, andlor by a qualfed santary engneer, geologst or sol scentst approved by the Board of Supervsors p p A. The Zonng Map defnes Major Streams and Mnor Streams n the Townshp. B. C. All areas wthn one hundred (00') feet of the centerlne of a Major Stream or wthn ffty (50') feet of the centerlne of a Mnor Stream shall be n open space. All proposed uses n desgnated floodplans shall comply wth the regulatons contaned heren and also wth the Townshp's exstng Floodplan Ordnance as amended from tme to tme F O s A. - p. Certan areas are desgnated as "Alluval sols" on the offcal Zonng Map (those areas contanng one or more of the sol types whch are dentfed on the sol map prepared by the Sol 5-2

117 2. Conservaton Servce, U.S. Department of Agrculture and publshed n the Sol Survey: Schuylkll County, Pennsylvana as sols of floodplans that are subject to overflow andlor those areas desgnated as "Specal Flood Hazard Areas" on the Flood nsurance Rate Map dated August 3, 982, or the most recent revson thereof, as ssued by the Federal Emergency Management Admnstraton. The Zonng Offcer shall requre that a detaled on-ste survey be made (by a qualfed engneer. sol scentst or qualfed santaran approved by the Board of Supervsors n accordance wth accepted on-ste survey technques) to determne the exact extent and nature of areas susceptble to potental problems of floodng, wetness, or polluton before ssung a zonng permt n the followng cases: a. b. c. Any proposed use wthn an "Alluval Sols" area. Any proposed use requrng or nvolvng an underground structure or faclty (such as a septc system or well), whch wll be located n or wthn one hundred (00') feet of an "Alluval Sols" Area, or Any proposed recreatonal or utlty use whch wll be located n or wthn one hundred (00') feet of an Alluval Sols Area. B. The followng uses shall be prohbted on any porton of a ste whch s found to contan potental hazards due to floodng, chronc wetness or polluton (based upon a detaled on-ste survey pursuant to Secton 506 A.2):. All new or substantally mproved resdental dwellngs and commercal, nsttutonal or ndustral structures, ncludng hosptals, nursng homes, jals and moble/manufactured homes, and ther accessory structures. 2. Any new or substantally mproved structure whch wll be used for the producton or storage of any of the followng materals or substances, or whch wll be used for any actvty requrng the mantenance of a supply (more than 550 gallons or other comparable volume, or any amount of radoactve substances) of any of the followng materals or substances on the premses: acetone, ammona, benzene, calcum carbde, carbon dsulfde, cellulod, chlorne, hydrochlorc acd, hydrocyanc acd, magnesum, ntrc acd and oxdes of ntrogen, petroleum 5-3 S 5

118 d products (gasolne fuel ol, etc.), phosphoms, potassum, sodum, sulphur and sulphur products, pestcdes (ncludng nsectcdes, fungcdes and rodentcdes) and radoactve substances, nsofar as such substances are not otherwse regulated. The tllng of marshlands, dredgng, removal of topsol or dammg or relocaton of any watercourse except wth the approval of the Commonwealth of Pennsylvana Department of Envronmental Resources. Santary landfll; dump; junkyard; outdoor storage or dsposal of vehcles andlor materals, ncludng manure and hazardous substances lsted n Secton 506 B On-lot sewage dsposal systems FLLNG. EXCAVATON. AND GRADNG. A. FRePujred. All actvtes whch requre the movng of earth or the kllng or excavaton of an area shall obtan a Zonng Permt ssued by the Zonng Offcer. Fnsh gradng or ncdental gradng of a lot and mnor earthmovng from one place to another on a lot for landscapng or agrcultural purposes shall not requre a Zonng Permt. t B. Gradne Reeulatons.. The exstng grade shall not be ncreased so that unstable slopes are created. 2. The surface area of any yard adjacent to a buldng or structure shall be graded so that surface water wll be draned away from such structure The depost of sols, detrtus or other debts (as a result of ste preparaton. gradng, or excavatng) shall not be unsghtly or detrmental to any property. street, sewer, or natural waterways. All PA. Department of Envronmental Resources and County Sol and Water Conservaton Dstrct regulatons shall apply QUTD OOR STORAGE CONTROL 5-4

119 A. No flammable or explosve lquds, solds, or gases shall be stored n bulk above the ground, except for tanks or drums of less than 600 gallons of fuel whch s drectly connected wth engnes, heatng devces, or applances located and operated on the same lot as the tanks or drums of fuel. B. All outdoor storage facltes for fuel, raw materals, and products stored outdoors (ncludng those permtted n Secton 508.A.) shall be enclosed by a fence of a type, constructon and sze as shall be adequate to protect the publc health, safety, and welfare. C.. No materals or wastes shall be deposted upon a lot n such a form or manner that they may be transported off by natural causes or forces. 2. No substance whch can 3. a. contamnate groundwater or surface water, b. render groundwater or surface water undesrable as a source of water supply or recreaton, or c. destroy aquatc lfe. shall be allowed to enter any groundwater or surface water. Applcable Department of Envronmental Resources regulatons shall apply. 509.,SEWAGE WASTE TREATMENT AND DSPOSAL CONTROL. A. All methods of sewage and waste treatment and dsposal shall meet the requrements of the Pennsylvana Department of Envronmental Resources, and shall be n accordance wth the Offcal Townshp Sewage Facltes Plan, and applcable Townshp Sewage regulatons, ncludng those n the Subdvson and Land Development Ordnance and other applcable ordnances whch may be adopted and amended from tme to tme. B. C. On-Lot Svstems. Any on-lot septc system s requred to be recertfed f converson or expanson of an exstng use would cause an ncrease n sewage flows. BCk-UD SVSt em. Any new lot usng an on-lot septc system shall also nclude an open land area that would be sutable for nstallng a second 5-5

120 system f the frst system faled. The ste of the second system shall be tested and approved by the Sewage Enforcement Offcer. 50.!qOSE CONTROL. A. No person shall operate or cause to be operated on prvate or publc property any source of contnuous sound (and sound whch s statc, fluctuatng or ntennttent wth a recurrence greater lhan one tme n any 5 second nterval) n such a manner as to create a sound level whch exceeds the lmts set forth for the recevng land use category n the followng table when measured at or wthn the property boundary of the recevng land use: e Recevng Land use c!ateqorv Sundays Agrcultrra or nstutona. Tme 2) o:oo p.m. - 7:OO a.m. plus and legal holdays Sound Level Lmt w t- rdustr 2) o:oo p.m. - 7:Oo a.m. plus 60 dba Sundays and legal holdays At all tmes 70 &A : : 5-6

121 D. 5. Agrculture Motor vehcle operatons, travellng on a road or hghway. Publc celebratons specfcally authorzed by the Townshp. Surface carrers engaged n commerce by ralroad. 9. The unamplfed human voce. For any source of sound whch emts an mpulsve sound (a sound of short duraton, wth an abrupt onset and rapd decay and an occurrence of not more than one tme n any 5 second nterval) the excursons of sound pressure level shall not exceed 20 dba over the ambent sound pressure level, regardless of tme of day or nght or recevng land use, usng the "fast" meter characterstc of a Type meter, meetng the ANS specfcatons S VBRATONCONTROL. A. No person shall operate or permt the operaton of any devce or conduct or permt any use to be conducted that creates vbraton whch s above the vbraton percepton threshold of an ndvdual at or beyond the property boundary of the source (f on prvate property) or at ffty (50') feet from the source (f on a publc space or publc rghtof-way). B. For the purposes of Secton 5.A. "vbraton percepton threshold" means the mnmum ground-or-structure-borne vbratonal moton necessary to cause a normal person to be aware of the vbraton by such drect means as, but not lmted to, sensaton by touch or vsual observaton of movng objects. 52. PU ~ T. D OL. No person shall operate or permt the operaton of any devce or conduct or permt any use to be conducted whch does not conform wth the standards establshed under the State Ar Polluton Control qct of January 9, 960, Publc Law 29, as amended, and Ttle 25, Rules and Regulatons, Department of Envronmental Resources, Subpart C, Protecton of Natural Resources, Artcle U Ar Resources. 5-7 J

122 53. LGHT G LAREANDHE AT C 0 NTR 0 L. All uses shall mnmze the producton of lght, heat or glare that s perceptble beyond any property lne of the lot on whch the lght, heat, or glare s produced. 54. ELECTRC. DESEL. GAS OR OTHER POWER. Every use requrng power shall be so operated that any servce lnes, substaton, or other faclty shall A. B. C. Conform to the hghest applcable safety requrements. Be constructed and nstalled as an ntegral part of the archtectural features of the plant, and Be concealed by evergreen plantng from resdental propertes. 55. CONTROL OF RADOACTVE. ELECTRCAL EMSSONS, AND ELECTRCAL DSTURBANCES. A. No person shall operate or permt the operaton of any devce or conduct or permt any use to be conducted whch does not comply wth the regulatons of the Pennsylvana Department of Envronmental Resources Dvson of Radology, the Federal Nuclear Regulatory Commsson, and the Federal nterstate Commerce Commsson. B. No person shall conduct or permt any use to be conducted whch causes electrcal dsturbances (except from domestc household applances) to adversely effect any equpment at any tme other than the equpment creatng the dsturbance. 5-8

123 ARTCLE 6 SGNS m 60. SCOPE AND APPLCABLTY, A. pumose. The purposes of the regulatons contaned n ths artcle are to. Promote and mantan overall communty beautfcaton. 2. Establsh reasonable tme, place, and manner regulatons on the exercse of free speech. 3. Promote traffc safety, and 4. Promote the most approprate uses of the land. B. Permt Reoured.. A Sgn Permt s requred for any permanent sgn exceedng two (2) square feet n area not excepted by Secton 60.B A Sgn Permt s not requred for a. any temporary sgn, b. a mere change of copy on an exstng sgn, c. any sgn specfcally authorzed by laws, regulatons or resolutons of the Federal, State, County or Townshp Government. The sgn regulatons of ths Ordnance do not apply to these sgns. 3. Each sgn shall comply wth the standards of ths Ordnance, whether or not a Sgn Permt s requred. C. Fonconformme S ens.. Sgns exstng at the date of enactment of ths Ordnance and whch do not conform to the requrements of the Ordnance shall be consdered nonconformng sgns. bl 2. Once a nonconformng sgn s removed, t may be replaced only 6-

124 wth a conformng sgn. 3. Nonconformng sgns (ncludng exstng lghtng) may be repanted or repared provded such repanted or repared sgn does not exceed the dmensons of the exstng sgn; wordng may also be changed CONSTRUCTON A. Every sgn shall be constructed of durable materals and shall be kept n good condton and repar. B. Any sgn whch s allowed to become dlapdated may, after notfcaton, be removed by the Townshp at the expense of the owner or lessee of the property on whch t s located LOCATON. A. Lot Wthn Street Lnes. No sgn shall be allowed on Townshp property or wthn street rght-of-way lnes (except those of the government body whch owns such rght-of-way), unless specfcally authorzed by another Townshp Ordnance or resoluton or Commonwealth of Pennsylvana law or regulaton. B. No Traffc nterference.. No sgn shall be so located or arranged that t nterferes wth traffc through glare, through blockng of reasonable sght lnes for streets, sdewalks, or drveways, through confuson wth a traffc control devce (by reason of color, locaton, shape or other characterstc), or through any other means. 2. All sgns shall comply wth the provsons of Secton 404 C. that regulate ste dstance. No sgn shall obstruct vews of oncomng traffc from a publc road or prvate drveway. C. No sgn shall be placed on any property or pole wthout frst recevng permsson from the owner of the property or pole HEGHT. No freestandng sgn structure shall exceed twenty (20 ) feet n heght above the average ground level at the base of such sgn. 6-2

125 605. JwM BER PERMTTED. A. On-F'remses Sgns.. n General. a. b. Each use shall be lmted to two (2) sgns along each street on whch the use s located. Such sgns shall be lmted to two of the followng types: () () () One wall sgn, One () wndow sgn, or One () freestandng sgn. 2. Planned Developments. a. Planned Commercal, Ofce, or ndustral Developments. n addton to the sgns permtted for ndvdual commercal uses, one () freestandng, onpremses sgn ndcatng the name of the development may be erected along each road frontng such development, wth a maxmum sgn area of thrty-two (32) square feet. b. Resdental Developments. One () freestandng sgn ndcatng the name of a subdvson of more than eght (8) lots or sngle famly cluster development wth a maxmum sgn area of thrty-two (32) square feet may be erected along each road frontng such development. 3. Temporary Sgns. a. Real Estate: A temporary sgn may be permtted wthn the property lnes, advertsng the prospectve or completed sale or rental of the premses upon whch t s located, provded that such sgn shall be mantaned and removed wthn seven (7) days after consummaton of the lease or sale transacton. b. Constructon Stes. A nonllumnated temporary sgn (developerlcontractor sgn 07 mechanc/subcontractor/other artsan sgn) may be permtted on a constructon ste, provded such sgn shall be removed wthn seven (7) days after completon of the colstncton work and not more than one () sgn per developer, contractor, mechanc, subcontractor, or h 4

126 artsan shall be placed on each street frontage of the constructon ste. c. Publc Events. A temporary, on-premses sgn may be permtted announcng a poltcal, publc, educatonal, chartable, cvc, relgous, or smlar campagn or event for a total perod not to exceed thrty (30) days n any calendar year, provded t s removed wthn seven (7) days after the conclusons of the campagn or event. d. Banners, spnners, pennants, or any movng object used for commercal advertsng purposes (whether contanng a message or not), are prohbted n all zonng dstrcts except for use durng not more than four (4) specal occasons n one () calendar year by a use located n any Zonng Dstrct for a perod of not more than a total of twenty (20) days per calendar year. e. Aucton or Garage Sale Sgn. Up to two (2) temporary, nonllumnated on-premse sgns n addton to drectonal sgns are permtted to advertse an aucton or garage sale. Such sgns may be placed a maxmum of fourteen (4) days before an event and shall be removed wthn seven (7) days afterwards. 4. Sgns on Moble Stands. ntent: these standards recognze sgns on moble stands as a partcular type of sgn that has the characterstcs of a temporary sgn, but that s napproprately used as a permanent sgn. a. b. c. d. e. f. Sgns on moble stands shall be permtted only n the SB Dstrct. Sgns on moble stands shall have a maxmum sgn area of forty (40) square feet. Only one moble sgn shall be permtted per use or per lot whchever s lesser. Permt - The dsplay of sgns on moble stands shall requre a specal permt to ensure ther use only as a temporary sgn. The cost of ths pennt shall be ten (0) dollars. Tme l t - A permt for a sgn on a moble stand shall be lmted to thrty (30) days and be ssued only once per use or lot, whchever s less&, wthn a calendar year. Depost - To ensure that a sgn on a portable stand s removed wthn thrty days, the applcant shall be requred to pay a one-hundred and ffty (50) dollar depost to the Townshp. Ths depost shall be refunded 6-4

127 g. h. B. P only f the sgn s removed wthn the thrty days of the ssuance of the permt. Refusal to remove the sgn after the thrty days shall consttute a zonng volaton, wthn the procedures of the Ordnance. No sgn on a moble stand shall be placed so that t causes a hazard to traffc, nor shall t be placed wthn the exstng road rght-of-way. No sgn on a moble stand shall nclude a flashng or blnkng lght, although the sgn may be nternally llumnated.. No more than four (4) drectonal sgns shall be permtted n the Townshp for any use, object, product, servce, place, actvty, person, hstnton, organzaton, or busness LLUMNATED SGNS. These are sgns ntended solely to drect motorsts towards uses and shall nclude no advertsng other than the name of the use. These sgns shall have a maxmum sgn area of sx (6) square feet. These sgns may specfcally be used to drect motorsts to auctons or garage sales, provded that the sgns are removed wthn seven (7) days of the sale. A. Sgns may be llumnated by drect lghtng, provded such lghtng shall be shelded so no drect lght wll shne on abuttng propertes or n the normal lne of vson of the publc usng the streets EMOVAL A. On-premses sgns advertsng a use no longer n exstence or a product no longer avalable shall be removed or changed to advertse a new use or product wthn nnety (90) days after cessaton of the orgnal use or avalablty of the orgnal product. B. Sgns once removed shall be replaced only 'by sgns n conformance wth ths Ordnance VEHCLES OR STRUCTURES USED AS SGNS ,

128 A. Any vehcle or structure to whch a sgn s affxed n such a manner that the carryng of such sgn or sgns no longer s ncdental to the prmary puxpose of the vehcle or structure but becomes a prmary purpose n tself, shall be consdered a freestandng sgn and as such be subject to the provsons regardng freestandng sgns n the dstrct n whch such vehcle or structure s located. B. All sgn provsons of ths Ordnance shall apply to the use of slos, smokestacks, water towers, and other smlar structures as sgns S S L STUC S A The followng sgns are prohbted n all zonng dstrcts: A. Flashng, blnkng, twnklng. anmated, or movng sgns of any type, except those portons of sgns whch ndcate tme and temperature changes. B. C. D. Sgns placed, nscrbed or supported upon the roof or upon any structure whch extends above the eave of the roof of any buldng. Sgns whch emt smoke, vsble vapors or partcles, sound or odor. Sgns that appear to drect the movement of traffc, or whch nterfere wth or resemble any offcal traffc sgn, sgnal or devce, shall not be permtted, erected or mantaned. 60. SGN AREA REGULATONS. No sgn shall exceed the maxmum sgn area establshed for that sgn n Table fl udn oa d. A. Bllboards.. Sze and Locaton. Bllboards: a. b. Shall be no more than three hundred (300) square feet n Sze. Shall be located only wthn fve hundred (500 ) feet of Route 6 and only n the Specal Busness Dstrct. 2. Setbacks and Spacng. Bllboards shall: 6-6

129 a. b. c. d. Meet the front yard setback requrements for a structure. Spaced no closer than fve hundred (500') feet from another bllboard, as measured along the same sde of the street, or meet spacng requrements of the Pennsylvana Hghway Beautfcaton Act, whchever s more strct. Located no closer than one hundred (00") feet from an R, RS, C or R-ME Dstrct as measured along same sde of a street, nor wthn these Dstrcts. Located no closer than two hundred (200') feet from any dwellng. 3. Buldng Requrements. All bllboard sgns must meet the BOCA Code as to structural and electrcal standards. B. No off-premse sgns shall be allowed n the Townshp other than bllboards complyng wth ths secton, drectonal sgns (see Secton 605.B.), offcal sgns (see Secton 60.B.2.c.) or any other off-premse sgn specfcally allowed by ths Ordnance. C. No off-premse sgn shall be constructed or nstalled on state roads pror to the Townshp recevng a certfed copy of the permt ssued by the Pennsylvana Depanment of Transportaton or other applcable agences

130 ~~ ~ ll L Locaton of Sgn R, RS and 'm Type Structure of Sgn R-ME Dstrcts Dstrct Dstrct SB On-Premses(B) Freestandng 8 32 Sgn MAXMUM AREA OF SGN (SQ.FT. (a) ME Dstrct Wall Sgn 8 2 Not exceedng 5% of Buldng Face Area on That Street Wndow Sgn 8 8 Not Exceedng 0% of Buldng Face Area on That Street Off-Premses(C3 See Secton 605.B (Drectonal Sgns) and Secton 6 (Bllboards)

131 ARTCLE 7 OFF STREET PARKNG AND LOADNG ULRED NUMBER OF OFF-STREET PARKNG SPACES. A. Jteauremen. B.. Each use establshed, enlarged, or altered n any dstrct shall provde and satsfactorly mantan off-street parkng spaces n accordance wth Table 7. and the regulatons of ths Artcle Uses not specfcally lsted n Table 7. shall comply wth the requrements for the most smlar use lsted n Table 7.. Where a proposed use contans or ncludes more than one type of use (regardless of whether each use s lsted n Table 7. or s an unlsted use), the number of parkng spaces requred shall be the sum of the parkng requrements for each separate use. Where the computaton of requred parkng spaces results n a fractonal number, the fracton of one-quarter (4, 0.25) or more shall be counted as one (). condtonal Reducton n Off-street Parkne Areas.. The Townshp recognzes a. the mportance of provdng adequate, well-desgned offstreet parkng areas, b. c. the need to lmt the amount of paved parkng areas to preserve open space and lmt storm water runoff, and that unque crcumstances assocated wth a land use may justfy a reducton n the parkng requrements of Secton 70.A 2. The Zonng Hearng Board may permt a reducton, through the Specal Excepton revew process of Secton 33, of the number of parkng spaces to be ntally developed as requred by Secton 70.A., provded each of the followng condtons are 7-4 -

132 satsfed: l ' ' ; ' ' ' : a. The Applcant shall demonstrate to-the Board, usng exstng and projected (fve years) employment, customer, or other relevant data, that a reducton n the off-street parkng spaces to be ntally developed as requred by Secton 70.A. s warranted. b. () The applcant sball submt plans of the parkng lot(s) whch desgnate a layout for the total number of parkng spaces needed to comply wth () () (v) the parkng requrement n secton 70.A. The plans shall clearly desgnate whch of these parkng spaces are proposed for mmedate use and whch spaces are proposed to be condtonally reserved for potental future use. The porton of the requred parkng spaces condtonally reserved for potental future use shall not be wthn areas for requred buffer yards, setbacks, or areas whch would otherwse be unsutable for parkng spaces due to the physcal characterstcs of the land or other requrements of ths Ordnance. Areas condtonally reserved for potental future use shall be attractvely landscaped and reman n open space. c. () The Applcant shall enter nto an agreement wth the Townshp requrng the Applcant to (a) mantan each condtonally reserved area as attractvely landscaped open space and (b) convert some or all of the condtonally reserved area to addtonal off-street parkng f at any tme the Board fnds (based upon the results of feld nvestgatons and recommendatons of the Townshp Engneer) that addtonal parkng s () needed. Ths agreement shall be recorded to the deed as a covenant runnng wth the land. 7-2

133 . Agrculture 2. Anmal mosptapjeternaran 3. Anmal Husbandry 4. Grecnhoune/Nursery 5. Kennel 6. Rdng Stable 7. Seasonal Roadsde Produce Stand ~~ B. RESDENTAL USES TABLE 7. OFF-STREET PARKNG REQUREMENTS - ONE () OFF-STREET PARKNG SPACE RPOURED FOR EACH employee Employee Bmp0yee Employee Employee Employee Wlpoyee PLUS ONE () OFF- STREET PARKNG SPACE REQURED FOR EACH Doctor la spaces per Doctor) _ sq.ft.* 4 mmala of capacty 4 anmals of capacty 00 sq.ft.* - 3 Bedrwmn or Less - 4 Bedrwms or More Group Home; Fraternty; and other Smlar Places 0.5 Dwellng Unt (2.paces per Duellng Unt) 0.33 mellnq Unt (3 SD~CCS per Duellng-mt) 50 sq.t.* 4 Dwellng Unts or Rental Unts 0.5 Dwellng Unt Nonresdent Employee hro EmDlovees on shft of Hghest Employnen Rencal Unt plus Space for each Employee. ndoor Recreaton (Bowlng Alley, Membershp Club. Theater, Audtorum, Lbrary. Cnnmmty Center). Outdoor Recreaton (Golf Courae. Ballfelds, Stadum) 45 sq.tt 4 persona of Total Desgned CaDaCtY hro Employees on Shft of Hghest Employment TWO Employees on shft of Hghest Employment. Churches or Other Places of Worshp. HosptalNursng Home 3. Medcal or Dental Offce; Clnc 4. Nursery/Day care Center 5. School 6. utlty Substaton 40 nches of Pew or Bench or or Every 4 Scats 2 Beds4 Beds 0.25 Doctor (4 spaces per Doctor) Employee Faculty and Ocher Full- Tme smpoyees Vehcle Normally Requred to Sence Such Facltv Two Employees on shft of Hghest mployment Staff or Vstng Doctor Plus Space for Each 'wo Employees on shft of Hghest Employment Employee 2 Students 4 Students Aged 6 Years or Older _- 7-3