Buffalo Township Zoning Ordinance Table of Contents

Transcription

1 Buffalo Township Zoning Ordinance Table of Contents Page Article One General Provisions Section 100 Title, Authority, and Purpose 1 Section 101 Community Development Goals and Objectives 2 Section 102 Defined Words 3 Section 103 Compliance 3 Section 104 Severability 4 Section 105 Interpretation 4 Section 106 Repealer 4 Section 107 Establishment of Zoning Districts 4 Section 108 Establishment of Zoning Map 4 Section 109 Interpretation of District Boundaries 4 Section 110 Application of Regulations, including Government Agencies 5 Section 111 Compliance with Official Map Ordinance 5 Section 112 Fees 5 Article Two Establishment of Zoning Districts Section 200 Purpose 6 Section 201 Establishment of Districts 6 Section 202 C-1 Conservation District 7 Section 203 A-1 Agricultural District 8 Section 204 RA Rural Residential District 9 Section 205 The R-1 Single-Family Residential District 10 Section 206 The R-2 General Residential District 11 Section 207 The B-1 Business District 12 Section 208 The B-2 Central Business District 13 Section 209 The B-3 Business District 14 Section 210 The M-1 Light Manufacturing District 15 Section 211 The M-2 Manufacturing District 16 Article Three Conditional Uses Section 301 Conditional Uses 17 Section 302 Family Businesses 18 Section 303 Communications Towers 18 Section 304 Recreational Campgrounds 20 Section 305 Neighborhood Businesses 21 Section 306 Commercial Recreation 21 Section 307 Gas and Oil Drilling 22 Section 308 Bed and Breakfast 22 Section 309 Cemeteries 23 Section 310 Truck Terminals 23 Section 311 Day Care Center 23 Section 312 Mining and Mineral Extraction 24 Section 313 Sanitary Landfill 25 Section 314 Public and Accredited Private Schools, Nursing Homes, Community Buildings, and Personal Care Homes 26 Section 315 Landscaping and Nursery 26 Section 316 Airport 26 Section 317 Mobile Home Parks 27 Section 318 Commercial Dog Kennel 30 Section 319 Public Utility Structure 30

2 Section 320 Agriculture 30 Section 321 Home Occupations 30 Section 322 Conversion Apartments 31 Section 323 Drive-Through Business 31 Section 324 Dwellings in Business Districts 32 Section 325 Office and Shopping Centers 32 Section 326 Light Manufacturing in B1/B2 Areas 32 Section 327 Flea Markets 33 Section 328 Motel/Hotel 33 Section 329 Gas Station/Convenience Store 33 Section 330 Commercial Bakery and Similar Food Manufacturing 34 Section 331 Heavy Industry 34 Section 332 Bulk Fuel Storage/Sewage Treatment Plants 35 Section 333 Junk Yards, Salvage and Recycling Centers 35 Section 334 Adult Entertainment 35 Section 335 Bottle Clubs 36 Section 336 Correctional Facility or Halfway House 36 Article Four Additional Regulations Section 401 Additional Standards for New Lots in C-1 and AC-1 Districts 37 Section 402 Companion Dwelling Units 38 Section 403 Non-Conforming Uses 38 Section 404 Existing Lots of Record 39 Section 405 Loading Areas and Parking 39 Section 406 Application of Yard Regulations 42 Section 407 Temporary Structures 43 Section 408 Height Limitations 43 Section 409 Performance Standards 44 Section 410 Signs 45 Article Five Planned Residential Development Section 501 Compliance 49 Section 502 Application of Tentative Approval 49 Section 503 Preliminary Review 51 Section 504 Public Hearing 51 Section 505 Criteria for Tentative Approval 51 Section 506 Findings of Fact 52 Section 507 Grant or Denial of Tentative Approval 52 Section 508 Application for Final Approval 53 Section 509 Improvements 53 Section 510 Final Review 53 Section 511 Final Approval 54 Section 512 Recording 54 Section 513 Revocation 54 Section 514 Site Requirements 54 Section 515 Permitted Uses 54 Section 516 Permitted Density 55 Section 517 Yard and Building Requirements 55 Section 518 Height Limitations 56 Section 519 Common Open Space 56 Section 520 Common Opens Space Maintenance or Stormwater Facilities 56 Section 521 Staging Development 56 Section 522 Walkways 56 Section 523 Street Design 57 Section 524 Storm Drainage 57 Section 525 Water Supply 57

3 Section 526 Sewer System 57 Section 527 Other Utilities 57 Section 528 Parking 57 Section 529 Landscaping 57 Section 530 Enforcement and Modification of Provisions of the Plan 57 Section 531 Traditional Neighborhood Development Option 58 Section 532 Special Standards for Planned Residential Developments in the RA Rural Residential and Agricultural District 64 Article Six Overlay Districts Section 601 Community Development Goals and Objectives 67 Section 602 Supplemental Official Zoning Map 67 Section 603 Standards for All Districts and Uses Within the A-2 Access Management Overlay Zone 67 Section 604 Standards Specific to the A-1 Agricultural District 69 Section 605 Standards Specific to the R-1 and R-2 Residence Districts 69 Section 606 Specific Standards for B-1/B-2 Business Districts 70 Section 607 Specific Standards for M-1/M-2 Manufacturing Districts 71 Article Seven Definitions Section 701 Interpretation 72 Section 702 Specific Terms 72 Article Eight Administration Section 800 Zoning Hearing Board 83 Section 801 Zoning Officer 84 Section 803 Zoning Permits and Certificates 84 Section 804 Violations 85 Section 805 Amendments 87

4 Section 100 Title, Authority, and Purpose Article One General Provisions Title: This Ordinance shall be known, and may be cited, as the Buffalo Township Zoning Ordinance. The accompanying district map shall be known, and may be cited, as the Buffalo Township Zoning Map Authority: In accordance with the authority granted to Buffalo Township, Butler County, Pennsylvania, through the Pennsylvania Municipalities Planning Code (Act 247, as reenacted and amended), this Ordinance and map are intended to: Regulate the density of population; Regulate the location and use of buildings, structures and land for residential, agricultural, commercial, industrial, and other purposes; Regulate the height, bulk, number of stories, size, and placement of buildings and structures; Divide the Township into districts of such size, shape and area, and to establish a zoning map, as may be deemed best suited to carry out the regulations; and Establish procedures for the administration, enforcement, amendment, and relief from hardships under certain circumstances Purpose: These regulations are deemed necessary in order to encourage beneficial growth and protection of private property in the Township while keeping the density of development consistent with existing Township facilities and the Township s ability to develop new facilities as needed. As stated in the Community Development Goals and Objectives of the Township, the zoning ordinance is also intended to implement the Clinton and Buffalo Townships Multi-Municipal Comprehensive Plan. Consistent with the Pennsylvania Municipalities Planning Code, these regulations are also expected to: Promote, protect, and facilitate the public health, safety, morals, and the general welfare; coordinated and practical community development and proper density of population; emergency management preparedness and operations, airports, and national defense facilities, the provisions of adequate light and air, access to incident solar energy, vehicle parking and loading space, transportation, water, sewerage, schools, recreational facilities, public grounds, the provision of a safe, reliable and adequate water supply for domestic, commercial, agricultural or industrial use, and other public requirements; preservation of the natural, scenic and historic values in the environment and preservation of forests, wetlands, aquifers, and floodplains. Prevent overcrowding of land, blight, danger and congestion in travel and transportation, loss of health, life or property from fire, flood, panic, or other dangers. Preserve prime agriculture and farmland considering topography, soil type and classification, and present use. Buffalo Township Zoning Ordinance February,

5 Provide for the use of land within the municipality for residential housing of various dwelling types encompassing all basic forms of housing, including single-family and twofamily dwellings, and a reasonable range of multi-family dwellings in various arrangements, mobile homes, and mobile home parks. Accommodate reasonable overall community growth, including population and employment growth, and opportunities for development of a variety of residential dwelling types and nonresidential uses. Section 101 Community Development Goals and Objectives The Community Development Goals and Objectives are taken directly from the adopted Clinton- Buffalo Township Multi-Municipal Plan. The key community development goal of Buffalo Township is to accommodate necessary development while still protecting rural uses and features within the community. Generally, the Township will control the location, character, and timing of future growth and development by utilization of consistent local zoning, and policy decision such as consistent infrastructure investments. For the purpose this Ordinance, goals are defined as broad policies the Township wishes to achieve, and objectives are more narrow means to make the goals come true. The vision of retaining a rural community, preventing high taxes and still allowing choices for landowners, as described under the citizen participation section of the comprehensive plan, is also incorporated herein by reference. Location Goals: The Township will protect and conserve natural resources to the extent not pre-empted by state or federal law. In some cases, this may be accomplished by steering development away from sensitive resources. In other cases, good design can protect the resource within the context of development. Character Goals: The Township may discourage development that is not of a compatible nature with pre-existing development. It may accomplish this through its zoning authority to prohibit or restrict uses from certain districts, or by establishing standards to mitigate potentially conflicting uses through distance, screening, buffering, or other measures. Timing Goals: The Township may limit growth and development to achieve optimum timing with public or private improvements. In general, intensive development should occur first where water, sewer, and transportation infrastructure are already available. After that, development should occur where such infrastructure can be made available in a scenario where growth pays for itself. Objectives for Specific Types of Development Residential A. Maintaining low density residential development B. Promote low density, single-family residential development C. Control location of multi-family residential development D. Provide housing for all economic levels E. Promote the preservation of historic residential structures Buffalo Township Zoning Ordinance February,

6 Agricultural A. Promote the preservation of active farmland. B. Encourage participation of farm owners in the Agricultural Security Area program. C. Provide farm owners the opportunity to develop property within certain guidelines. D. Discourage the subdivision of farm tracts into small building lots, unless public open space is guaranteed. E. Encourage farmers to participate in county and state programs that support and promote sound farming practices, such as surface water protection and erosion and sedimentation control. F. Protect areas of slope, floodplain, environmental diversity and public natural lands from forms of development that would jeopardize natural resources. G. Protect agricultural areas from conflict with development. H. Ensure future tax base diversity by ensuring a good balance between private farm and forest lands, commercial and business development, and residential land uses. Commercial and Industrial A. The Township welcomes carefully planned commercial and industrial development as a means towards greater tax base diversity. B. The elements of such careful planning include 1. Avoiding unnecessary curb cuts to preserve arterial roads for through traffic, 2. Use of screening, buffers, and landscaping to protect neighboring residential properties from more intense development 3. Encouraging depth of lot development over strip commercial concepts. 4. Encouraging full service commercial clusters with internal pedestrian and vehicular circulation. 5. Over the long term, the Township encourages major commercial, office park, or light industrial development where highway systems, public water and sewer systems, and parcel suitability can support such development. Section 102 Defined Words Rules for the interpretation of all defined words within this Ordinance are detailed in Article Seven. Undefined terms shall be given their plain and customary meaning. Section 103 Compliance No structure shall be located, erected, demolished, constructed, moved, externally altered, converted or enlarged nor shall any structure or land use be used or designed to be used Buffalo Township Zoning Ordinance February,

7 except in full compliance with this Ordinance and after the lawful issuance of all permits and certifications required by this Ordinance. Section 104 Severability Should any section or provision of this Ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the Ordinance as a whole, nor the validity of any other section or provision of the Ordinance, other than the one so declared. Section 105 Interpretation Whenever the provisions of this Ordinance are at variance with provisions in other parts of this Ordinance, any other lawfully adopted rules, regulations, or ordinances, the more restricted requirements shall govern. However, for new subdivisions, the Township Board of Supervisors, on the advice of the Planning Commission, may permit flexible design as specified under applicable provisions of the Township Subdivision and Land Development Ordinance, as such regulations pertain to lot averaging and conservation development. Where there is a question of standards or applicability, this Ordinance will be interpreted consistent with Section of the Pennsylvania Municipalities Planning Code. Section 106 Repealer Any resolution or ordinance, or any part of any resolution or ordinance conflicting with the provisions of this Ordinance is hereby repealed to the extent of such conflict. In particular, these sections of Ordinances, which are at conflict with these provisions, are hereby repealed upon the effective date. Section 107 Establishment of Zoning Districts The districts described under Article Two of this Ordinance, as well as all applicable standards for use, density, yards, and the approval and consideration of development are hereby established. This Ordinance shall take effect on Day/Month/Year. Section 108 Establishment of Zoning Map A map entitled the Buffalo Township Zoning Map is hereby adopted as part of this Ordinance. The Official Zoning Map shall be kept on file and available for examination at the Township offices. The Township shall use this official zoning map for interpretation. Informational zoning maps may be printed and distributed, but shall not be utilized for final interpretation of boundaries. All approved changes to zoning districts shall be promptly recorded on the Zoning Map by the Township. Section 109 Interpretation of District Boundaries District boundaries that are shown between the lines of streets, streams, and transportation rights-of-way shall be deemed to follow the centerline. The vacation of streets shall not affect the locations of such district boundaries. When the Zoning Officer cannot definitively determine the location of a district boundary by such centerlines, or by the scale of dimensions stated on the Zoning Map or by the fact that it clearly coincides with a property line, he shall refuse action. The Zoning Hearing Board, upon appeal, shall interpret the location of the district boundary with reference to the scale of the Zoning Map and the purpose set forth in all relevant provisions of this chapter. Any territory hereafter annexed by the Township or gained through discovery, survey, or mapping error will be automatically zoned A-1 Agricultural District until otherwise classified by the Township. Buffalo Township Zoning Ordinance February,

8 Section 110 Application of Regulations, including Government Agencies Property owned, leased or operated by the Commonwealth of Pennsylvania, or the United States, or the Township, or any other public or governmental body or agency, shall be subject to the requirements of this Ordinance as follows: Where such public or governmental uses are specifically listed, they shall be governed as indicated. Where such public or governmental uses are not specifically listed, they shall be permitted only in districts permitting private uses of a similar or substantially similar nature Governmental entities and agencies shall be exempt from the provisions of this Ordinance only to the extent that it has been determined that the Township has no power to apply its zoning regulations to the particular use of land In the interest of the protection of health and safety, the Township shall be exempt from the provisions of this Ordinance in the course of municipal functions related to road maintenance and provision of infrastructure, including grading, paving, culverts, bridges, directional and safety signage, pump stations, wells, and similar structures and appurtenances, in particular any applicable setback and permitting procedures. However, the Township shall maintain all lot, yard, and coverage standards for any municipal building or municipally owned structure. Section 111 Compliance with Official Map Ordinance Should the Township of Buffalo adopt an Official Map as permitted by Article IV of the Pennsylvania Municipalities Planning Code; all development shall conform to such standards as required by the Municipalities Planning Code. Section 112 Fees 112.1: The Township Board of Supervisors shall, from time to time, establish, by resolution, a schedule of fees, charges and expenses and a collection procedure for zoning permits, appeals and other matters pertaining to this Ordinance. The schedule of fees may be posted in the Township Offices, and may be amended only by official action by the Township Board of Supervisors : No permit, certificate, application, or variance shall be issued, nor shall any action be taken on proceedings unless, or until, such costs, charges, fees, or expenses have been paid in full : A zoning certificate shall be required for all new construction, additions, or alterations affecting exterior dimensions of existing structures; and, for any structural or interior changes required for a change of the structure s use, or for any change in use : Any application for amendment, variance, special exception, conditional use, zoning certificates, permit, or any other application or certificate within the scope of this Ordinance, shall be accompanied by a fee, such fee to be established by resolution of the Township Board of Supervisors, who may, from time to time revise such fees in order to bear a reasonable relationship to the costs involved. Buffalo Township Zoning Ordinance February,

9 Section 200 Purpose Article Two Establishment of Zoning Districts The purpose of this Article is to establish zoning districts where compatible uses of land may be located and grouped at appropriate densities to fulfill the community development goals and objectives and implement the comprehensive plan. Section 201 Establishment of Districts 201.1: Pursuant to section 107 of this Ordinance, the whole of Buffalo Township is hereby divided into the following classes of districts with the designations and general purpose outlined within the specific tables for each district within this Article : For each district, a table of permitted and conditional uses is established. The permitted uses, conditional uses, and special exceptions for each district are shown in the following tables of this chapter and are considered principal uses unless clearly noted : Permitted uses shall be determined by the Zoning Officer, who shall determine the application against all standards for lot size, yard areas, parking, signs, and any additional applicable regulations : Conditional uses may be granted or denied by the Board of Township Supervisors with the advice of the Planning Commission in accordance with the express standards and criteria of this chapter. Express criteria and standards for each conditional use may be found in the reference number cited under Article Three. In granting a conditional use, the Supervisors may attach reasonable conditions as they may deem necessary to implement the purposes of this chapter and safeguard the neighborhood. Uses in each category shall be according to the common meaning of the term or according to definitions set forth in Article Seven. Buffalo Township Zoning Ordinance February,

10 Section 202 C-1 Conservation District The C-1-Conservation District is established to ensure that planning for development near floodplains, steep slopes, wetlands, and other environmental hazard areas fully integrates a cognizance of the limitations of the land. Table 202A Conservation District Table of Allowed Uses Permitted Principal Uses Conditional Uses One (1) Single-Family Detached Dwelling per lot Bed and Breakfast (308) Agriculture Communications Towers (303) Church, Parish House, Place of Worship Family Businesses (302) Clubs and Lodges Gas and Oil Drilling (307) Communications Antennas Intensive Outdoor Recreation (306) Golf Courses Neighborhood Businesses (305) Public Parks and Recreation Outdoor Commercial Recreation (306) Permitted Accessory Uses Recreational Campgrounds (304) Agricultural and Residential Accessory Buildings Family and Group Day Care Homes Home Occupations No-Impact Home-Based Business Table 202B Conservation District: Permitted Use Lot, Height, and Yard Standards Use Type/Dimension Minimum Lot Area Minimum Lot Width Minimum Front Yard Minimum Side Yard Minimum Rear Yard Maximum Height Maximum Coverage All Permitted Uses 40,000 Square Feet Net Lot Area* 150 Feet 50 Feet 20 Feet 20 Feet 28 Feet 15 Percent *See also Section 401 Buffalo Township Zoning Ordinance February,

11 Section 203 A-1 Agricultural District The Agricultural District is meant to facilitate the preservation of areas of high-quality farmland. It is also meant to maximize means for farmland owners to realize income from their property for compatible uses, and to minimize the impact of incompatible development upon agricultural security within the Township. Table 203A Agricultural District Table of Allowed Uses Permitted Principal Uses Conditional Uses One (1) Single-Family Detached Dwelling Per Lot Airport (316) Agricultural Services Cemeteries (309) Agriculture Commercial Dog Kennels (318) Bed and Breakfast Communications Towers (303) Church, Parish House, Place of Worship Day Care Centers (311) Communications Antennas Family Businesses (302) Golf Courses Gas and Oil Drilling (307) Municipal Building Landscaping/Nursery (315) Public Parks and Recreation Mining and Mineral Extraction (312) Permitted Accessory Uses Neighborhood Businesses (305) Agricultural and Residential Accessory Buildings Nursing Homes (314) Family and Group Day Care Homes Personal Care Homes (314) Home Occupations Public and Accredited Private Schools (314) No-Impact Home Based Business Sanitary Landfill (313) Truck Terminals (310) Table 203B Agricultural District: Permitted Use Lot, Height, and Yard Standards Use Type/Dimension Minimum Lot Area Minimum Lot Width Minimum Front Yard Minimum Side Yard Minimum Rear Yard Maximum Height Maximum Coverage All Permitted Uses 80,000 Square Feet* 150 Feet 50 Feet 20 Feet 20 Feet 28 Feet 20 Percent *See also Section 401 Buffalo Township Zoning Ordinance February,

12 Section 204 RA Rural Residential District The RA Rural Residential District is meant to provide for the continuation of agriculture as an important endeavor in the community. It is also meant to provide for residential opportunities in a rural setting and to foster a mixture of residential development and selected small businesses in a low-density setting, which will contribute to economic self-sufficiency and rural quality of life. It is also established to protect natural resources pursuant to the mandate of Section 603 of the Pennsylvania Municipalities Planning Code, to promote the use of pre-existing natural infrastructure as a means of managing stormwater and preventing flooding, and to ensure development is free from geologic, hydrologic, or topographic hazards. Table 204A RA Rural Residential District Table of Allowed Uses Permitted Uses Conditional Uses One (1) Single-Family Detached Dwelling Per Lot Cemeteries (309) Agriculture Family Businesses (302) Agriculture Services Gas and Oil Drilling (307) Bed and Breakfast Mining and Mineral Extraction (312) Church, Parish House, Place of Worship Personal Care Homes (314) Golf Courses Planned Residential Development (Article Five) Home Occupations Landscaping/Nursery Professional Offices Public Parks and Recreation Veterinary Clinic Permitted Accessory Uses Agricultural and Residential Accessory Buildings Family and Group Day Care Homes Home Occupations No-Impact Home Based Business Table 204B RA Rural Residential District Permitted Use Lot, Height, and Yard Standards Use Type/Dimension Minimum Lot Area Minimum Lot Width Minimum Front Yard Minimum Side Yard Minimum Rear Yard Maximum Height Maximum Coverage All Permitted Uses 80,000 Square Feet Net Lot Area 150 Feet 50 Feet 20 Feet 20 Feet 28 Feet 20 Percent Buffalo Township Zoning Ordinance February,

13 Section 205 The R-1 Single-Family Residential District The R-1 Single-Family Residential District is established to provide residential opportunities for single-family dwellings and related uses in a suburban setting, and to protect existing concentrations of single-family dwellings from land use conflict. Table205A R-1 Single-Family Residential District Permitted Uses Conditional Uses One (1) Single-Family Detached Dwelling Per Lot Agriculture (320) Church, Parish House, Place of Worship Bed and Breakfast (308) Golf Courses Cemeteries (309) Parks and Playgrounds Family and Group Day Care Homes (311) Public and Accredited Private Schools Home Occupation (321) Permitted Accessory Uses Planned Residential Development (Article Five) No Impact Home-Based Business Public and Community Buildings (314) Residential Accessory Buildings Public Utility Structure (319) Table205B R-1 Single-Family District: Permitted Use Lot, Height, and Yard Standards Use Type/Dimension Single-Family Dwellings With Public Water and Sewer Single-Family Dwellings Without Public Sewer and All Other Permitted Uses Minimum Lot Area 20,000 Square Feet 40,000 Square Feet Minimum Lot Width 100 Feet 150 Feet Minimum Front Yard Depth 50 Feet 50 Feet Minimum Side Yard Width 10 Feet 20 Feet Minimum Rear Yard Depth 20 Feet 20 Feet Maximum Height of Structure 28 Feet 28 Feet Maximum Coverage 30 Percent 30 Percent Buffalo Township Zoning Ordinance February,

14 Section 206 The R-2 General Residential District The R-2 General Residential District is established to provide for a variety of housing types and densities where access and infrastructure are available to serve such developments. Table206A R-2 General Residential District Permitted Uses Conditional Uses Church, Parish House, Place of Worship Bed and Breakfast (308) Golf Courses Conversion Apartments (322) Multiple-Family Dwellings Day Care Services (all types) (311) Parks and Recreation Home Occupation (321) Schools Hospitals (314) Single-Family Dwellings Mobile Home Park (317) Two-Family Dwellings Neighborhood Businesses (305) Nursing Homes (314) Accessory Uses and Buildings Personal Care Homes (314) Planned Residential Development (Article Five) Public and Community Buildings (314) Public Utility Structure (319) Table206B R-2 General Residential District: Permitted Use Lot, Height, and Yard Standards Use Type/Dimension Single-Family Dwellings With Public Water and Sewer Single-Family Dwellings Without Public Sewer and All Other Permitted Uses Minimum Lot Area 20,000 Square Feet 40,000 Square Feet Minimum Lot Width 100 Feet 150 Feet Minimum Front Yard Depth 50 Feet 50 Feet Minimum Side Yard Width 10 Feet 20 Feet Minimum Rear Yard Depth 20 Feet 20 Feet Maximum Height of Structure 28 Feet 28 Feet Minimum Lot Area Per Family in a Multiple-Family Dwelling 2,500 Square Feet Maximum Coverage 40 Percent 40 Percent Other uses not permitted without public sewer in the R-2 District Buffalo Township Zoning Ordinance February,

15 Section 207 The B-1 Business District The B-1 Business District is established to provide highway commercial opportunities in areas of the Township where infrastructure and highway access are available to support business development. Table207A B-1 Business District Permitted Uses Conditional Uses Auto/Sales Service Day Care Services (all types) (311) Banks Drive-Through Businesses (323) Church, Parish House, Place of Worship Flea Markets (327) Commercial School Light Manufacturing (326) Communications Antennas Multiple-Family Dwelling (324) Eating/Drinking Places Office and Shopping Centers (325) Funeral Homes Single-Family Dwellings (324) Hospitals Mini-Mall Nursing Homes Personal Care Homes Professional Offices Public and Community Buildings Public Utility Structures Retail Sales Self-Service Storage Facility Service Shops Theater Veterinary Clinics Table207B B-1 Business District: Permitted Use Lot, Height, and Yard Standards Use Type/Dimension All Permitted Uses Minimum Lot Area 20,000 Square Feet Minimum Lot Area Per Family in a Multiple-Family Dwelling 2,500 Square Feet Minimum Lot Width 100 Feet Minimum Front Yard Depth 100 Feet Minimum Side Yard Width 20 Feet Minimum Rear Yard Depth 20 Feet Maximum Height of Structure 45 Feet Maximum Coverage 60 Percent Buffalo Township Zoning Ordinance February,

16 Section 208 The B-2 Central Business District The B-2 Central Business District is established to provide a full range of commercial opportunities in areas of the Township with a goal toward establishing commercial cores that utilize the full depth of tracts. Table 208A B-2 Central Business District Permitted Uses Conditional Uses Auto Sales and Service Day Care Services (311) Banks Flea Markets (327) Communications Antennas Gas Station/Convenience Store (329) Eating/Drinking Places Indoor Commercial Recreation (306) Professional Offices Light Manufacturing (326) Public and Community Buildings Motel/Hotel (328) Retail Sales Multiple-Family Dwelling (324) Self-Service Storage Facility Office and Shopping Centers (325) Service Shops Outdoor Commercial Recreation (306) Theater Public Utility Structure (319) Single-Family Dwelling (324) Accessory Uses Wholesale Distribution and Truck Terminals (310) Table 208B B-2 Central Business District: Permitted Use Lot, Height, and Yard Standards Use Type/Dimension All Permitted Uses Minimum Lot Area 20,000 Square Feet Minimum Lot Area Per Family in a Multiple-Family Dwelling 2,500 Square Feet Minimum Lot Width 100 Feet Minimum Front Yard Depth 100 Feet Minimum Side Yard Width 20 Feet Minimum Rear Yard Depth 20 Feet Maximum Height of Structure 45 Feet Maximum Coverage 60 Percent Buffalo Township Zoning Ordinance February,

17 Section 209 The B-3 Business District The B-3 Business District is established to provide transitional commercial opportunities in areas of the Township where impacts upon neighboring residential areas may need to be mitigated. Table 209A B-3 Business District Permitted Uses Bed and Breakfast Commercial Schools Day Care Services (all types) Funeral Home Personal Care Homes Professional Offices Public and Community Buildings Retail Shops (no greater than 20,000 square feet in gross floor area if new construction) Service Shops Two Family Dwellings Veterinary Clinics Conditional Uses Table 209B B-3 Business District: Permitted Use Lot, Height, and Yard Standards Use Type/Dimension All Permitted Uses Without Public Water and Sewer All Permitted Uses With Public Water and Sewer Minimum Lot Area 80,000 Square Feet 10,000 Square Feet Minimum Lot Width 150 Feet 100 feet Minimum Front Yard Depth 75 Feet 75 Feet Minimum Side Yard Width 20 Feet 20 Feet Minimum Rear Yard Depth 20 Feet 20 Feet Maximum Height of Structure 45 Feet 45 Feet Maximum Coverage 60 Percent 60 Percent Buffalo Township Zoning Ordinance February,

18 Section 210 The M-1 Light Manufacturing District The M-1 Light Manufacturing District is established to provide for manufacturing businesses which have no outside noise emissions or odors or which can, through conditional use standards, mitigate any off-site impacts. Table 210A M-1 Light Manufacturing District Permitted Uses Conditional Uses Communications Antennas Commercial Bakery and Similar Food Manufacturing (330) Light Manufacturing Communications Towers (303) Professional Offices Day Care Services (all types) (311) Public Utility Structures Truck Terminals, Wholesale Distribution and Warehousing (310) Research Lab Accessory Buildings and Uses Table 210B M-1 Light Manufacturing District: Permitted Use Lot, Height, and Yard Standards Use Type/Dimension All Permitted Uses Minimum Lot Area 40,000 Square Feet Minimum Lot Width 100 Feet Minimum Front Yard Depth 100 Feet Minimum Side Yard Width 20 Feet Minimum Rear Yard Depth 20 Feet Maximum Height of Structure 45 Feet Maximum Coverage 70 Percent Buffalo Township Zoning Ordinance February,

19 Section 211 The M-2 Manufacturing District The M-2 Manufacturing District is established to provide appropriate areas for forms of manufacturing and similar high-intensity uses that can have a higher impact upon surrounding properties. Table 211A M-2 Manufacturing District Permitted Uses Conditional Uses Commercial Bakery and Similar Food Manufacturing Adult Entertainment (334) Communications Antennas Bottle Clubs (335) Gas Station/Convenience Store Bulk Fuel Storage (332) Light Manufacturing Communications Towers (303) Professional Offices Correctional Facility/Halfway House (336) Public Utility Structures Heavy Industry (331) Research Lab Junk Yards, Salvage and Recycling Centers (333) Supply Yard Mining and Mineral Excavation (312) Truck Terminal and Warehousing Waste Disposal Plant (332) Accessory Uses Table 211B M-2 Manufacturing District: Permitted Use Lot, Height, and Yard Standards Use Type/Dimension All Permitted Uses Minimum Lot Area 40,000 Square Feet Minimum Lot Width 100 Feet Minimum Front Yard Depth 100 Feet Minimum Side Yard Width 20 Feet Minimum Rear Yard Depth 20 Feet Maximum Height of Structure 45 Feet Maximum Coverage 70 Percent Buffalo Township Zoning Ordinance February,

20 Section 301 Conditional Uses Article Three Conditional Uses Criteria: The criteria for individual conditional uses are listed below. The Board of Supervisors in granting conditional uses are charged with considering the effect that such proposed uses will have upon the immediate neighborhood. The preservation and integrity of existing development must be carefully weighed and given priority in each decision. In granting a conditional use, the Supervisors may attach reasonable conditions and safeguards, in addition to those expressed in this Ordinance, as they may deem necessary to implement the purposes of the Pennsylvania Municipalities Planning Code and this Ordinance Process: Applications for conditional uses shall be made to the Township Office. Conditional uses shall be granted or denied by the Board of Township Supervisors after the recommendation of the Township Planning Commission. Procedures shall follow those specified in this Ordinance and the Planning Code Procedure for Future Special Exception: If, at any time in the future, a special exception is established and defined in this Ordinance; specific criteria for such special exceptions shall be added under this Article Overall Performance Standards for all Conditional Uses: Conditional uses shall be granted where the following findings are made: A. The use is permitted as a conditional use, as applicable, under the terms of this Ordinance; and B. The specific criteria, if any, for allowing the use by conditional use, as applicable, will be met; and C. The use, if permitted, will be consistent with the community and economic development objectives and plans, and suitable to the tract with respect to matters such as highway access, availability of utilities and services, traffic impact, economic impact, and impact on the neighborhood; and D. The use would be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance and function with the existing or intended character of the general area in which the use is located; and E. The use will be served by public facilities and services such as highways, police and fire protection, drainage systems, refuse disposal, water supply and sewage disposal consistent with the uses needs, and schools; and that the persons or agencies responsible for the establishment of the proposed use shall be able to provide additional or supplementary public facilities and services should their need be demonstrated; and F. The use will not involve activities, processes, materials, equipment, and conditions of operation that will be detrimental to any persons or property, and would not be hazardous, disturbing, or detrimental to existing or future neighboring uses, physically, environmentally, socially, or economically; and Buffalo Township Zoning Ordinance February,

21 G. The use will cause no emissions and/or discharges into the air or water, which do not meet governmental standards, and will cause no excessive traffic, noise, vibrations, electrical disturbances, glare, dirt, fumes, smoke, odor, or other polluting substances; and H. The use will not result in the destruction, loss, or damage of a natural, scenic, or historic feature of major importance and significance; and I. The use will provide and maintain appropriate screening to buffer or block unsightly views and noise from adjacent properties. Section 302 Family Businesses The intent of this conditional use is to allow for rural businesses that are operated in conjunction with a home or farm, but are of greater impact than a home occupation. A. Any lane serving the farm-related business and a home and/or farm contained on the same lot shall not be included in calculations of required lot area devoted to the family business. No additional lane or curb cut to access the family business shall be allowed B. No more than fifty percent (50%) of the area devoted to a family business shall be covered by buildings, parking lots, or any other impervious surface. C. The owner or occupant of the home must be engaged in the family business. D. No more than two (2) full-time and two (2) part-time persons, other than individuals who reside on the property, may be employed in the family business. E. The use must be conducted within a completely enclosed building. F. Any out building used for the family business shall be located behind the principal residence on the site, or shall be located at least two hundred (200) feet from the closest street right-of-way. G. Any outdoor storage of supplies, materials, or products shall be located behind the building in which the family business is conducted. H. Waste shall be properly disposed in conformity with performance standards under Section Section 303 Communications Towers A. The applicant shall demonstrate that it is licensed by the Federal Communications Commission to operate a communications tower, if applicable, and communication antennas. B. The applicant shall demonstrate that the proposed communications tower and communications antennas proposed to be mounted thereon comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation. Buffalo Township Zoning Ordinance February,

22 C. Communication towers shall comply with all applicable Federal Aviation Administration, Commonwealth Bureau of Aviation Regulations. Towers must comply with the Buffalo Township Subdivision and Land Development Ordinance as a subdivision for lease. D. Any applicant proposing construction of a new communications tower shall demonstrate that a good faith effort has been made to obtain permission to mount the communications antenna on an existing building, structure, or communications tower. A good faith effort shall require that all owners of potentially suitable structures within a one-quarter (¼) mile radius of the proposed communications tower site be contacted and that one (1) or more of the following reasons for not selecting such structure apply: 1. The proposed antennas and related equipment would exceed the structural capacity of the existing structure and its reinforcement cannot be accomplished at a reasonable cost. 2. The proposed antennas and related equipment would cause radio frequency interference with other existing equipment for that existing structure and the interference cannot be prevented at a reasonable cost. 3. Such existing structures do not have adequate location, space, access, or height to accommodate the proposed equipment or to allow it to perform its intended function. 4. Addition of the proposed antennas and related equipment would result in electromagnetic radiation from such structure exceeding applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation. 5. A commercially reasonable agreement could not be reached with the owners of the structure. E. Access shall be provided to the communications tower and communications equipment building by means of a public street or easement to a public street. The easement shall be a minimum of twenty (20) feet in width and shall be improved to a width of at least ten (10) feet with a dust-free, all-weather surface for its entire length. F. A communications tower may be located on a lot occupied by other principal structures and may occupy a leased parcel within a lot meeting the minimum lot size requirements for the zoning district. G. The maximum height of any communications tower shall be two hundred fifty (250) feet; provided, however, that such height may be increased to no more than three hundred (300) feet, provided the required setbacks from adjoining property lines (not lease lines) are increased by one (1) foot for each one (1) foot of height in excess of two hundred fifty (250) feet. H. The foundation and base of any communications tower shall be set back from a property line (not lease line) with any residential use at least one hundred fifty (150) feet and shall be set back from any other property line (not lease line) at least one hundred (100) feet. Buffalo Township Zoning Ordinance February,

23 I. To encourage co-location and minimize the use of land for these facilities, all towers shall be secured only at the tower base. Towers secured by guide or support wires shall not be permitted unless they are the only form that is technically feasibly at the site. If guide or support wires are employed, fencing and screening shall enclose the entire area (including all support apparatus) within a single compound. J. The base of a communications tower shall be landscaped so as to screen the foundation and base and communications equipment building from abutting properties. K. The communications equipment building shall comply with the required yards and height requirements of applicable zoning district for an accessory structure. L. The applicant shall submit certification from a Pennsylvania registered professional engineer that a proposed communications tower will be designed and constructed in accordance with the current Structural Standards for Steel Antenna Towers and Antenna Supporting Structures, published by the Electrical Industrial Association/Telecommunications Industry Association. M. The applicant shall submit a copy of its current Federal Communications Commission license; the name, address, and emergency telephone number for the operator of the communications tower; and a certificate of insurance evidencing general liability coverage in the minimum amount of one million dollars ($1,000,000) per occurrence and property damage coverage in the minimum amount of one million dollars ($1,000,000) per occurrence covering the communications tower and communications antennas. N. All guy wires associated with guyed communications towers shall be clearly marked so as to be visible at all times and shall be located within a fenced enclosure. O. The site of a communications tower shall be secured by a fence with a maximum height of eight (8) feet to limit accessibility by the general public. P. No signs or lights shall be mounted on a communications tower, except as may be required by the Federal Communications Commission, Federal Aviation Administration, or other governmental agency that has jurisdiction. Q. The Owner shall notify the Township if the tower is no longer being used. If a communications tower remains unused for a period of twelve (12) consecutive months, the owner or operator shall dismantle and remove the communications tower within six (6) months of the expiration of such twelve- (12) month period. R. One (1) off-street parking space shall be provided within the fenced area. Section 304 Recreational Campgrounds A. Provide evidence of compliance with Department of Environmental Protection (DEP) standards for water and sanitary sewer facilities. B. Provide evidence of approved solid waste removal. C. Submit a plan consistent with the Buffalo Township Subdivision and Land Development Ordinance. Buffalo Township Zoning Ordinance February,

24 D. Shall provide parking spaces as required by Article Four. Section 305 Neighborhood Businesses The purpose of this conditional use is to allow very small retail businesses that would serve the neighborhood or potential tourists, such as trail users. Such uses shall: A. Provide all parking as required by this Ordinance on lot. B. All compressors shall be so enclosed as to baffle their sound from surrounding uses. C. All dumpsters and or garbage/trash storage areas shall be enclosed. D. No sign for a neighborhood business may exceed sixteen (16) square feet. All signage shall be lit by indirect means. E. No building shall exceed five thousand (5,000) square feet gross floor area (GFA). Section 306 Commercial Recreation Outdoor uses shall: A. Have a lot of not less than six (6) acres in size. B. Present a plan for the use, time, and duration of any outdoor speakers. Outdoor speakers may not be employed for musical performances. Outdoor speakers may not be employed for non-emergency use between the hours of 10:00 p.m. and 7:00 a.m. Indoor uses shall: A. Have no outdoor speakers, with the exception of emergency public address speakers. B. Present evidence of compliance with Labor and Industry (PA) building regulations. C. If an indoor shooting range, the developer shall show adherence to best design practices, such as the National Rifle Association s NRA Range Source Book to ensure safety. Intensive Uses shall: A. Maintain a lot of at least one hundred (100) acres for commercial hunting operations and fifty (50) acres for all other intensive uses. B. No enclosure for commercial hunting shall be erected within four hundred fifty (450) feet of a neighboring residence, any neighboring agricultural building used to house livestock, a school, day care facility, or playground associated with a school. Other intensive commercial uses shall add two hundred (200) feet to all required setback areas to create a buffer zone where no intensive activities may occur. C. No intensive use shall directly abut a residential district or an existing planned residential development (as defined by this Ordinance). Buffalo Township Zoning Ordinance February,

25 D. Outdoor commercial shooting ranges and commercial hunting operations shall not undertake activities between the hours of sunset and sunrise. The Board of Supervisors may limit hours of operation for other intensive uses as a reasonable additional condition of approval. E. Commercial shooting ranges shall illustrate that the design and direction of all firing lanes shall not present a danger to public health and safety. The developer shall show adherence to best design practices, such as the National Rifle Association s NRA Range Source Book to ensure safety. Other intensive uses shall present a plan to minimize any noise created by activities through buffering, acoustic engineering, or topography. F. Any outdoor lighting shall be shielded to prevent glare to neighboring properties, and meet the standards of the Buffalo Township outdoor lighting ordinance and any other applicable regulations. Section 307 Gas and Oil Drilling A. Show compliance with all applicable state and/or federal regulations. Specifically, all needed permits from the Pennsylvania Department of Environmental Protection and copies of approved Erosion and Sedimentation Control Plans shall be presented to the Township. B. Drilling operations shall be conducted within all applicable regulations set forth by the Commonwealth of Pennsylvania and the United States Government. The developer shall provide the Township with evidence that all setbacks required by other agencies have been met. C. An arrangement for road bonding requirements, as applicable, shall be presented to the Township. D. The developer shall agree to work to share information with the Township in the event of well water deterioration or loss of supply. E. The developer shall clear mud and debris from roads at least once each day. F. The Board of Supervisors may require a bond in favor of the Township to be posted by the operation to cover damages that may occur to Township roads as a result of hauling materials and equipment to and from the permitted site. The amount of the bond less any sums needed to correct damages shall be refunded to the excavator within one (1) year after the conclusion of the operation. G. The applicant shall agree to comply with all other Township ordinances, including, but not limited to, grading, stormwater management, and driveway ordinances. H The Township may limit hours of operation for drilling as a reasonable additional condition and safeguard Section 308 Bed and Breakfast A. No bed and breakfast shall have more than three (3) guest rooms. Buffalo Township Zoning Ordinance February,