PENN TOWNSHIP BUTLER COUNTY

Transcription

1 PENN TOWNSHP BUTLER COUNTY ZONNG ORDNANCE NO. 5 ADOPTED JUNE! 5, 999

2 ARTCLE PENN TOWNSHP. BUTLER COUNTY ZONNG ORDNANCE TABLE OF CONTENTS BASC PROVSONS... 3 ARTCLE Section. Title... 3 Section.2 Scope... 3 Section.3 Purposes For Adopting... 3 Section.4 Community Development Objectives... 4 Section.5 Community Development Objectives:... 5 DEFNTONS... 7 Section 2. Definition Of Terms... 7 ARTCLE CLASSFCATON OF DSTRCTS... 8 Section 3.2 Zoning District Map... 8 Section 3.3 Boundaries Of Districts... 8 ARTCLE V S CONSERVANCY DSTRCT ARTCLE V Section 4. Use Section 4.2 Lot Area, Yard And Height Requirements... 2 Section 4.3 Parking... 2 Section 4.4 Permits R-E RESDENCE ESTATE DSTRCT Section 5. Use Section 5.2 Lot Area. Yard And Height Requirements Section 5.3 Parking Section 5.4 Permits

3 ARTCLE V "R-" ONE-FAMLY RESDENCE DSTRCT Section 6. Use Section 6.2 Lot Area, Yard And Height Requirements Section 6.3 Parking Section 6.4 Permits ARTCLE V "C-" NEGHBORHOOD COMMERCAL DSTRCT , Section 7. Use Section 7.2 Lot Area, Yard And Height Requirements Section 7.3 Parking Section 7.4 Permits ARTCLE Vlll "C-2" HGHWAY COMMERCAL DSTRCT ARTCLE X Section 8. Use , Section 8.2 Lot Area, Yard And Height Requirements Section 8.3 Parking , Section 8.4 Permits Section 8.5 Multiple Uses , "M PLANNED LGHT NDUSTRAL DSTRCT Section 9. Use , Section 9.2 Lot Area, Yard And Height Requirements Section 9.3 Parking Section 9.4 Permits Section 9.5 Multiple Uses , ARTCLE X PLANNED RESDENTAL DEVELOPMENT , Section 0. Planned Residential Development: Section 0.2 Ownership Requirements: Section 0.3 Availability Of Public Services And Access: Section 0.4 Review Procedures And Supporting Documentation Section 0.5 Abandonment Of Development Section 0.6 Standards And Requirements: i

4 Section 0.7 Surety And mprovements: Section 0.8 Fees: ARTCLE X SUPPLEMENTAL REGULATONS Section. General Use Provisions And Exceptions Section.2 General Height Provisions Section.3 General Area Provisions Section.4 ndividual Mobile Homes On Their Own Lots Section.5 Accessory Residential Uses Section.6 Nonresidential Site Plan Review (Land Development) Section.7 Performance Standards Section.8 Environmental Protection Requirements... 6 Section.9 Environmental Performance Standards Section.0 Bufferyards Section. Butler County Airport Zoning District Overlay - Regulations And Restrictions ARTCLE X STE DEVELOPMENT Section 2. Grading Section 2.2 Storm Drainage Section 2.3 Excavation ARTCLE Xlll CONDTONAL USES Section 3. Requirements For Conditional Uses Section 3.2 Procedures For Conditional Uses ARTCLE XV PARKNG AND LOADNG REQUREMENTS Section 4. General Requirements For Parking Section 4.2 Minimum Off-street Parking Requirements Section 4.3 Minimum Off-street Loading Requirements Section 4.4 Review And Approval ARTCLE XV SGNS Section 5. General Requirements

5 Section 5.2 Signs n R-E And R- Residential And S Conservancy.. Zone Districts... 9 Section 5.3 Signs n Commercial C And ndustrial M Zone Districts Section 5.4 Review And Approval ARTCLE XV NONCONFORMNG USES Section 6. Nonconforming Uses Section 6.2 Nonconforming Structures Section 6.3 Nonconforming Lots Of Record ARTCLE XVll ZONNG HEARNG BOARD Section 7. Zoning Hearing Board Section 7.2 Organization Section 7.3 Meetings Section 7.4 Jurisdiction Section 7.5 Hearings Section 7.6 Appeals... 0 Section 7.7 Special Exceptions... 0 Section 7.8 Variances Section 7.9 Mediation ARTCLE XVlll AMENDMENTS TO THE ORDNANCE Section 8. Amendments Section 8.2 Procedure For Landowner Curative Amendments Section 8.3 Procedure For Municipal Curative Amendments ARTCLE XX ADMNSTRATON AND ENFORCEMENT Section 9. Zoning Officer....T Section 9.2 Zoning And Building Permits Section 9.3 Occupancy Permits... 0 Section 9.4 Enforcement Remedies... 0 Section 9.5 Enforcement Notice... 0 Section 9.6 Guarantee Of mprovements... Section 9.7 Repealer... 2

6 Section 9.8 Severability... 2 Section 9.9 Enactment... 2

7 ORDNANCE NUMBER 5 AN ORDNANCE OF THE TOWNSHP OF PENN ADOPTNG A ZONNG ORDNANCE FOR THE TOWNSHP AND REPEALNG ORDNANCE 39 AND AMENDMENTS THERETO. AN ORDNANCE permitting, prohibiting, regulating, restricting, and determining: ) use of land, watercourses, and other bodies of water; 2) size, height, bulk, location, erection, construction. repair, maintenance, alteration, razing, removal and use of structures; 3) areas and dimensions of land and bodies of water to be occupied by uses and structures, as well as areas, courts, yards, and other open spaces and distances to be left unoccupied by uses and structures; 4) density of population and intensity of use; 5) provisions for special exceptions and variances administered by the Zoning Hearing Board; 6) provisions for conditional uses to be allowed or denied by the governing body after recommendations by the Planning Commission; pursuant to express standards and criteria set forth herein; 7) provisions for the administration and enforcement of this Ordinance; 8) provisions for planned residential developments; 9) provisions regulating the use and development of steep slope areas and in flood plains; 0) provisions regulating land development, and ) such other provisions as may be necessary to implement the purposes of this Ordinance. WHEREAS, the provisions of this Zoning Ordinance are designed to promote, to protect, and to facilitate public health, safety, morals, and general welfare: coordinated and practical community development; proper density of population; civil defense and disaster evacuation; airports, national defense facilities; provision of adequate light and air; police protection; vehicle parking and loading space; transportation; water; sewage; schools; public grounds, and other public requirements; and WHEREAS, the provisions of this Zoning Ordinance are designed to provide for the establishment of new economic enterprises, to provide for employment opportunities for residents of the Township, and WHEREAS, the provisions of this Zoning Ordinance are designed to prevent overcrowding of land; blight; danger and congestion in travel and transportation; and loss of health, life, or property from fire, flood, panic or other dangers; and Whereas, the provisions of this Zoning Ordinance are designed to protect life and public health and to prevent property loss arising from periodic flooding. BE T HEREBY ORDANED AND ENACTED by the Township of Penn and the Board of Supervisors assembled as follows:. The Township of Penn hereby adopts a new ordinance officially entitled "Zoning Ordinance of the Township of Penn, Butler County, Pennsylvania."

8 . 2. The official zoning map of the Township is also hereby adopted and incorporated herewith as the zoning district map of the Township of Penn. 2

9 Section. TTLE ARTCLE BASC PROVSONS This Ordinance shall be known and may be cited as the "Zoning Ordinance of Penn Township." The map, showing the division of the Township into the designated zoning districts, shall be known as the "Zoning District Map." Said map shall be an integral part of this ordinance, and as such is incorporated herein by reference. Section.2 SCOPE The provisions of this ordinance shall control wherever they impose greater restrictions (on the use of land, or on the use or height of structures, or on the size of yards or open spaces, or on the density of population) than those imposed by other laws, ordinances, rules, regulations, or permits, or by easements, agreements, or covenants. n interpreting and applying the provisions of this ordinance, they shall be held to be the minimum requirements for the promotion of the health, safety, morals and general welfare of Penn Township. t is not intended to interfere with or abrogate or annul other rules, regulations, or ordinances of Penn Township except that where this ordinance imposes a greater restriction upon the use of buildings or premises or upon the height of a building, or requires larger open spaces than are imposed by such other rules, regulations, or ordinances, the provisions of this ordinance shall control. Section.3 PURPOSES FOR ADOPTNG The general purposes supporting adoption of this Ordinance are: The promotion of the public health. safety, morals and general welfare; The security of safety from fire and flood; The provision of adequate open space for light, air and amenity; The conservation and stabilization of property values through encouragement of the most appropriate uses of land in relation to one another; The preservation of forest and agricultural lands, flood plain areas and recreation areas from conflict with urban development; The provision of adequate transportation arteries, water supply and sanitary sewage disposal systems, when and where they are needed, parks and other public improvements; and - 3

10 .3.7 The prevention of overcrowding or improper development of the land, blighting conditions or congestion on roads or highways. Section.4 COMMUNTY DEVELOPMENT OBJECTVES The Community development objectives which are the basis for the provisions of this Ordinance are set forth hereafter. The objectives are adopted as a statement of legislative findings and may be used in evaluating any proposed additions, revisions or deletions to the Zoning Ordinance A.3 The general objective for the development of Penn Township is to provide a pleasant, attractive, healthy, safe, and convenient environment for living, working, education, shopping and recreation. This objective shall be pursued by guiding development so as to: A. Provide for employment opportunities, property values, and the economic base of the community; B. Preserve and improve the natural environment; C. Provide safe, adequate, and attractive housing; D. Provide the necessary infrastructure of utilities and vehicular and pedestrian transportation arteries; and E. Provide recreational and community facilities. The provision of employment opportunities, property values, and economic base of the community shall be pursued by: A. The promotion of balanced economic growth and employment opportunities; B. The concentration of commercial and industrial uses in the areas where streets and utilities can provide the necessary services and where conflicts with other uses can be minimized through site design and transitional provisions; and C. The implementation of the other objectives set forth herein. The preservation and improvement of the environment shall be pursued by: A. The elimination of visual and physical blight such as overhead utility lines, concentrations of signs of excessive size and proximity, and dilapidated structures; and B. The preservation of natural topography and wooded slopelands. including the limiting of hillside development beyond a reasonable gradient, and the control of floodplains, wetlands and water sheds; and C. The reclamation of derelict land. - 4

11 .4.4 The provision of safe, adequate, and attractive housing for the entire population shall be pursued by: Section.5 A. The provision of a range of housing density alternatives and a mix of housing types, correlating residential density and housing type with topography, environmental conditions, and the capacity of and distance from existing and proposed utilities, streets, and community facilities; B. The rehabilitation of deteriorating housing, the maintenance of sound housing, and the development of new housing; and C. The promotion of an attractive residential environment through the implementation of the other objectives set forth herein. The provision of the necessary infrastructure of utilities and transportation arteries shall be pursued by: A. The extension of the municipal water lines, storm and sanitary sewers, and roads and their improvement where economically feasible to guide and provide development opportunities; and 6. The encouragement of public utilities to improve and extend services consistent with the objectives set forth herein, and C. Traffic planning and control which will provide safe and convenient movement of people and goods within and through the Township with a separation of through and local traffic, provision for pedestrians, and minimal disruption of existing and proposed development patterns and community integrity. The review and approval of proposed developments and site plans shall seek to achieve the foregoing objectives and to: A. Avoid intermixing incompatible land uses and protect against the detrimental effect of adjacent incompatible land uses through planting, open space, and natural breaks in topography. B. Concentrate development where possible to prevent sprawl, conserve open space, and make full use of existing or proposed utilities and services; and C. Provide for safety and welfare on intensively developed sites through a comprehensive review and approval process. COMMUNTY DEVELOPMENT OBJECTVES:.5. Penn Township is basically a residential-agricultural community with limited opportunities for commercial and industrial development. 5

12 Activities that support or enhance the basic residential-agricultural character of the Township should be encouraged and those that downgrade the basic character must be discouraged. Residential growth should be channeled into areas where public sewage disposal and water supply service either exists or can be extended at developer expense. Development standards should encourage a range of housing types and densities and a variety of site design opportunities, both on individual lots and in planned communities of many units. The provision of streets, utilities and services within a developing plan should be the responsibility of the developer. Commercial growth should occur in concentration at selected locations along Route 8 rather than in a linear pattern, and adequate parking and safe ingress and egress should be required to maintain the safety and capacity of the highway. Neighborhood commercial locations should be strategically located on the main secondary roads to serve neighborhood needs only. The kinds of activities permitted in commercial and industrially zoned districts should be carefully selected so as not to downgrade the basic residential-agriculture nature of the Township. Areas susceptible to flooding and high water table conditions should be left undeveloped or developed with uses that suffer minimum damage or cause minimum downstream damage if inundated. Development of steep slopes should be discouraged and every effort should be made to prevent erosion and pollution of water resources as the result of development. 6

13 Section 2. DEFNTON OF TERMS ARTCLE DEFNTONS For the purpose of words used in this Ordinance, the following terms and words are herein defined. Words used in the present tense include the future tense; the singular number includes the plural, and vice versa; the words "used for" or "used by" include the meaning "designed or redesigned for;" the word "shall" is mandatory and the word "may" is permissive. ACCESSORY STRUCTURE: A subordinate structure to the main structure permitted on a lot, the use of which is customarily incidental to that of the main or principal structure. Where accessory structures are attached, setbacks for the principal use shall apply. Accessory structures are not permitted where a principal use has not been erected on the lot. ACCESSORY USE: A use customarily and clearly incidental and subordinate to the principal use of the main structure or land, including but not limited to a private greenhouse, loading space. private garage or parking area, farm buildings (barn, silo), sign, wall or fence, private kennel or stable in accordance with the provisions of Section.5. ADULT BUSNESS: Those uses providing adult reading or view material which depicts or describes nudity or sexual activity andlor entertainment including adult bookstores or video stores, adult move theaters or movie house and live theaters. AGRCULTURE: Any use of land or structure for farming, dairying, pasturage, agriculture, horticulture, floriculture, arboriculture or animal or poultry husbandry. Accessory structures permitted in conjunction with an agricultural use may include barns, stables, corn cribs, silos, and any other use or structure that is clearly related to an agricultural operation. ARPORT: Any area of land, either public or private, which is used, or intended to be used, for the landing and takeoff of aircraft and any appurtenant areas which are used, or intended to be used for airport buildings and facilities thereon. Airports shall not include heliports. ARPORT ELEVATON: The highest point of an airport's usable land area measured in feet from sea level: for the purpose of this Ordinance,,248 feet. ALLEY: A public right-of-way providing a secondary means of access to a property or properties. AMENDMENT: A change in this Ordinance, including addition of new requirements, revision of existing requirements or deletion of obsolete requirements, necessitating - 7-8

14 public hearings and other approvals Ordinance before becoming effective. in accordance with procedures detailed in this APARTMENT: A suite of rooms designed as a dwelling unit for one family in a residential building containing at least one () other similar dwelling unit. Such suite of rooms shall include cooking, bathing, food storage and toilet facilities for the exclusive use of the residents of the suite and shall have access directly or via a common hallway to the outside. APARTMENT BULDNG: A residential structure containing at least two (2) apartments. APPLCATON FOR DEVELOPMENT: Every application, whether preliminary or final, required to be filed and approved prior to start of construction or development including, but not limited to, an application for a building permit, for the approval of a subdivision plat or plan, or for the approval of a land development plat or plan. BASC GRADE: The average elevation of the proposed grade line of the ground at the front of the structure as shown on the construction plans; in the case of a structure abutting the front property line, the elevation of the curb in front of the center of the structure, or if there be no curb, the elevation of the proposed grade line at the center of the front lot line; in case no grade line is established, the actual existing grade of the traveled roadway shall apply. BED AND BREAKFAST ESTABLSHMENT: A residential structure converted for use as a transient facility for overnight guests and may offer a morning meal. BOARD OF SUPERVSORS: The duly elected representatives of Penn Township, Butler County, Pennsylvania. BULDABLE AREA: That portion of a zoning lot bounded by the required front, side, and rear yards; when a yard is not required the boundary is the lot line. BULDNG: See Structure. BULDNG HEGHT: The vertical distance and the number of stories measured from the basic grade to the highest point of the roof adjacent to the front wall, for flat roofs; the deck line of mansard roofs; or the mean height between eaves and ridge, for gabled, hipped, or gambrel roofs. BULDNG LNE: A line parallel to the front, side or rear lot line set so as to provide the required yard (building setback). BULDNG PERMT: A document issued by the Township Zoning Officer attesting that an application for construction meets all requirements of this Ordinance and other applicable requirements relative to development and allowing such proposed construction to commence. - a

15 COMMON OPEN SPACE: A parcel or parcels of land or an area of water, or a combination of land and water within a development site and designed and intended for the use or enjoyment of residents of a development, not including streets, off-street parking areas, and areas set aside for public facilities. COMMUNCATONS TOWER: A structure used in point to point communication services, including radio, wire, cellular or television broadcasting or information exchange. CONDTONAL USE: A use permitted in a particular zoning district pursuant to the provisions in Article V of the Pennsylvania Municipalities Planning Code, which is a specifically listed activity permitted to occur in a zoning district provided approval of the Township Supervisors is granted as provided by this Ordinance. COVENANT: An private agreement legally binding successor owners of a property to certain conditions regarding the use or development of property being purchased. DENSTY: A measure of the intensity of development per unit area, usually expressed as dwelling units per acre. DWELLNG (DWELLNG UNT): Any structure, or part thereof, designed to be occupied as living quarters as a single housekeeping unit, including mobile homes, cottages, camp trailers, tents or other such facility whether or not occupied or intended to be occupied on a permanent basis, except hotels and motels, including but not limited to the following: One-Family Dwelling: A building designed for and used exclusively for occupancy by one () family. Duplex: A structure on a single lot containing two (2) dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units. Triplex: A structure on a single lot containing three (3) dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to all dwelling units. Quadraplex: A structure on a single lot containing four (4) dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to all dwelling units. Conversion Apartment: The remodeling of a single-family dwelling unit into two (2) or more separate living units, each having a minimum of five hundred (500) square feet of habitable area, exclusive of basement andlor cellar dwellings; one () - 9

16 bathroom and three (3) habitable rooms; separate and private water, sanitary, cooking and dining facilities; and a minimum of two (2) off-street parking spaces per living unit. EASEMENT: A right-of-way across private property generally for public utility lines, stormwater or for access to other properties beyond, passage over which is guaranteed by the grantor to the grantee. ESSENTAL SERVCE FACLTES: The erection, construction, alteration or maintenance by public utilities or municipal departments or commissions, of necessary facilities and accessory equipment in connection therewith, including buildings or accessory structures, but excluding communications towers, reasonably necessary for the furnishing of adequate service by such public utilities or municipal departments or commissions. ENVRONMENTALLY SENSTVE AREAS: Land which, because of its characteristics or location, is limited for development activities. FAMLY: Either an individual. or two (2) or more persons related by blood or marriage or adoption, or a group of not more than five (5) persons not related (not counting servants) living together as a single household. FAMLY DAY CARE: The care of pre-school or school-aged children between the hours of 6 a.m. and 9 p.m. on weekdays. FARMNG: The land used for the maintenance, growing, or producing for sale or use, as a principal activity or use of premises, of domestic livestock, dairy products, poultry, eggs, fruit, vegetables or other such crops typical of the locality. For the purpose of this Ordinance farms shall be a minimum of ten (0) acres. FARMS: The maintenance, growing, or producing for sale or use, as a principal activity or use of premises, of domestic livestock, dairy products, poultry, eggs, fruit, vegetables or other such crops typical of the locality. FOREST: A stand of trees covering an area greater than one-half (/2) acre (2,780 square feet) where the majority of the trees are a minimum of twelve inches (2 ) in caliper. GROUP HOME: A nonprofit or for-profit boarding home for the sheltered care of up to eight (8) persons with special needs in addition to food and shelter. MPROVEMENTS: Those physical changes to the land necessary to produce usable and desirable lots from raw acreage including but not limited to: grading, paving, curb, gutter, stormwater sewers, individual sanitary sewage system, improvements to existing watercourses, sidewalks, crosswalks, street signs, monuments, water supply and water distribution systems and facilities, sanitary sewers, sanitary sewerage collection - 0

17 systems, sanitary sewage treatment plant facilities and construction and demolition of a structure. LOT - Land occupied or to be occupied by a building and its accessory buildings, or by a dwelling group and its accessory buildings, together with such open spaces as are required under the provisions of this Ordinance, having not less than the minimum area and width required by this Ordinance for a lot in the district in which such land is situated, and having its principal frontage on a public street or roadway or such other means of access as may be determined in accordance with the provisions of law to be adequate as a condition of the issuance of a zoning permit for a building on such land. LOT AREA: The total space within the boundary lines of a zoning lot, not including any part of a street or alley. LOT, CORNER: A lot situated at and abutting the intersection of two (2) streets, having an interior angle of intersection not greater than one hundred and thirty-five (35) degrees. LOT DEPTH: A mean horizontal distance between the front and rear lot lines. LOT, NTEROR: A lot other than a corner lot. LOT, THROUGH: A lot, the front and rear lines of which abut streets. LOT WDTH: The distance between the side lines of the zoning lot measured at the shortest distance at or between the front and rear building lines as determined by the prescribed front and rear yard requirements. LOT, ZONNG: A parcel of land. fronting on a street, which is or may be occupied by a main structure or a group of buildings with accessory uses and structures and the open spaces required under this Ordinance. MEDATON: A voluntary negotiating process in which parties in a dispute mutually select a neutral mediator to assist them in jointly exploring and settling their differences, culminating in a written agreement which the parties themselves create and consider acceptable. MOBLE HOME: A transportable single family dwelling, intended for permanent occupancy, contained in one () unit or in two (2) units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor or incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation. MOBLE HOME LOT: A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erections thereon of a single mobile home. -

18 MOBLE HOME PARK: A parcel or contiguous parcels of land which has been so designated and improved that it contains two (2) or more mobile home lots for the placement thereon of mobile homes. MUNCPALTY: The Township of Penn, Butler County, Pennsylvania. NONCONFORMNG LOT: A lot the area or dimension of which was lawful prior to the adoption or amendment of the Penn Township Zoning Ordinance, as amended, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment (See Article XV, Penn Township Zoning Ordinance). NON-CONFORMNG SGN: A sign lawfully existing at the time of the enactment of this ordinance (or as later amended), which does not conform to the sign regulations applicable in the district in which it is located. NON-CONFORMNG STRUCTURE: A structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions in a zoning ordinance or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs. NON-CONFORMNG USE: A use, whether of land or of structure, which does not comply with the applicable use provisions in this Zoning Ordinance or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such ordinance or amendment, or prior to the application of such ordinance or amendment to its location by reason of annexation. NURSNG HOME: A long-term facility or a distinct part of a facility licensed or approved as a nursing home, infirmary unit of a home for the aged, or a governmental medical institution. OCCUPANCY PERMT: A document issued by the Zoning Officer upon completion of the construction of a structure, or change in use of structure or parcel of land, or change of occupancy of structure, and indicating that the use and structure is in compliance with the Ordinances of the Township having jurisdiction over the location of such use or structure, that all conditions attached to the granting of the Zoning Certificate have been met, and that the structure and land may be occupied and used for the purposes set forth in the Zoning Permit. OFFCAL MAP: The adopted map of Penn Township, identifying existing and proposed public rights-of-way, watercourses, public property, parks, pedestrian ways, utility and drainage easements and floodplains, and stormwater management areas. - 2

19 OUTDOOR ADVERTSNG SGN: A sign that directs attention to a business commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located. PARKNG: Any lot, parcel, or yard used in whole or in part for the storage or parking of two (2) or more vehicles where such usage is not incidental to or in conjunction with a one family or two family dwelling. PRVATE: A parking area which is an accessory use on the same zoning lot. PUBLC: A parking area used exclusively by the residents, customers, or persons employed by establishments in the immediate vicinity of its location. PARKS AND RECREATON: An open area of ground set aside for public use with recreational facilities, playgrounds and structures or left in a natural state, owned by the municipality, municipal authority or otherwise dedicated to public use or owned and operated by a non-profit association for the benefit of the public or the residents of the Township. t may include a municipal golf course, but not miniature golf or a driving range. PERSONAL CARE HOME: A nonprofit or for-profit boarding home for the sheltered care of persons with special needs which, in addition to food and shelter, may also include personal care, counseling and transportation services. For the purpose of this Ordinance, personal care home shall include assisted living facilities. PERSONAL SERVCE: Establishments primarily engaged in providing services involving the care of a person or his or her personal goods or apparel. PLANNED DEVELOPMENT: An area of a minimum contiguous size, as specified by ordinance, to be planned, developed, operated, and maintained as a single entity and containing one () or more structures to accommodate light industrial. service, commercial or office uses, or a combination of such uses, and appurtenant common areas and accessory uses incidental to the principal uses. PLANNED RESDENTAL DEVELOPMENT: An area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, or combination of residential and nonresidential uses, the development plan for which does not correspond in lot size, bulk, type of dwelling, or use. density or intensity, lot coverage and required open space to the regulations established in any one district created, from time to time, under the provisions of this Ordinance. PLANNNG COMMSSON OR COMMSSON: Commission of the Township of Penn, Butler County. The duly appointed Planning PRNCPAL HGHWAY: The following highways, arterial or collector roadways carrying the highest volume of two-way traffic and accessible from within the Township; SR - 3

20 202 Dinnerbell Road, SR 0008 Route 8, SR 3006 Meridian Road, SR 3006 Renfrew Road, and 004 Brownsdale Road SR 300. PRNCPAL STRUCTURE: A structure in which is conducted the principal use of the lot on which it is located. PRVATE MPROVEMENTS: All improvements to be owned, maintained or operated by a private entity such as an individual, corporation or homeowners' association, including roads, streets, walkways, parking lots, gutters, curbs, waterlines, sewers, stormwater management facilities, landscaping, lighting, traffic control devices and other facilities for which plans and specifications must comply with the minimum requirements of this Ordinance andlor conditional use approval, including temporary erosion and sedimentation control and stormwater management, control methods undertaken during construction. PRVATE RECREATON: A facility operated by a non-profit organization for members and guests or operated as a business and open to the public for a fee. PUBLC HEARNG: A formal meeting held pursuant to public notice by the Board of Supervisors or the Planning Commission, intended to inform and obtain public comment, prior to taking action in accordance with the Pennsylvania Municipalities Planning Code, Act 247 of 968, as amended. PUBLC MPROVEMENTS: All roads, streets, walkways, gutters, curbs, sewers, waterlines, stormwater management facilities, landscaping, street lighting, traffic control devices and other facilities to be dedicated to or maintained by the Township for which plans and specifications must comply with the standards and specifications of the Township. PUBLC MEETNG: A forum held pursuant to notice under the Act of July 3, 986 (P.L. 388, No. 84), known as the "Sunshine Act." PUBLC NOTCE: Notice published once each week for two (2) successive weeks in a newspaper of general circulation in Penn Township. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than thirty (30) days and the second publication shall not be less than seven (7) days from the date of the hearing. PUBLC RECREATON: A facility open to the general public. RGHT-OF-WAY: Land reserved for use as a street, alley, interior walk, or other public purpose and dedicated for public use; all must be recorded in the County Recorder of Deeds Office. For purposes of this Ordinance, public right-of-way lines shall prevail over private parcel lines that are designated as falling within the public right-of-way. When a lot abuts a right-of-way of a public thoroughfare or alley, all applicable lot area and front, side and rear lot requirements shall be computed from the public right-of-way line. - 4

21 ROAD: The entire right-of-way of a public or private street or highway. SETBACK: The minimum distance that a structure can be located from a right-of-way or property front, rear and side line or another structure, thereby creating a required open space on lot. SGN: Any surface or structure exposed to public view and intended, used, or designed to identify, advertise, or promote any product, person, business, institution, organization, or place with written, graphic, or sculptured matter, but not including ) signs to regulate and control traffic and parking or to promote public health, safely, and welfare; 2) religious, patriotic, fraternal, national, or cultural symbols, if unaccompanied by lettering and applied to a tower, spire, flagpole, wall, or cornice of a structure; nor signs lighted only by reflected light and posted inside a display window where such signs do not obstruct clear vision into the store by police and health authorities. SPECAL EXCEPTON: A use permitted by the Penn Township Zoning Hearing Board, in a particular zoning district pursuant to the provisions and procedures of Articles V and X of the Pennsylvania Municipalities Planning Code. STREET: Street includes a street, avenue, boulevard, road, highway, freeway, parkway, land, alley, viaduct, and any other ways used or intended to be used by vehicular traffic or pedestrians whether public or private and for the purposes of this Ordinance shall be classified as follows: Arterial streets are those which are used primarily for through, fast or heavy traffic at high volumes. Collector streets are those which carry traffic at moderate volumes from minor streets to a major system of arterial streets, including principal entrance streets, of a residential development and streets for major circulation within such developments. Local streets are those which are used primarily for access to the abutting properties and which accommodate low volumes of traffic. Marginal access streets are local streets which are parallel to and adjacent to arterial streets and which provide access to abutting properties and protection from through traffic. Private drives, including alleys, are minor ways which are used primarily for vehicular service access to the back or the side of properties othemlise abutting on a street. STRUCTURE (Building): Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land. Structures include, but are not limited to, buildings, sheds, signs and landfills. SUBDVSON: The division or redivision of a lot, tract, or parcel of land by any means into two or more lots, tracts, parcels, or other division of land, including changes in - 5

22 existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership, or building, or lot development; provided, however, that the division of land for agricultural purposes into parcels of more than ten (0) acres, not involving any new street or easement of access, shall be exempted. SWMMNG POOL: A container of water used for swimming or bathing purposes, of any depth or size if wholly or partially sunk beneath adjacent ground level. f erected above ground, the same shall be covered under the terms of this Ordinance only if it has at least one dimension greater than fifteen ( 5) feet, or is more than thirty-six (36) inches in depth. As herein defined the term "Swimming Pool" shall be deemed to be a structure. TOWN HOUSE: A dwelling, a part of a group of at least three (3) similar dwellings, attached to adjacent dwellings at a common party wall, having direct access to the outside at ground level and arranged to be not more than two (2) rooms in depth, front to back. TRACT: A lot or contiguous group of lots in single ownership or under single control, and usually considered a unit for purposes of development. UNT GROUP: Two (2) or more structures housing principal uses grouped on a single zoning lot, including, but not limited to, retail centers, schools, churches, hospitals, institutional or industrial structures. USE: The purpose for which land or a building is arranged, designed, or intended, or for which land or a building is or may be occupied or maintained. VARANCE: Relief granted by the Penn Township Zoning Hearing Board, pursuant to the provisions and procedures of Article V and X of the Pennsylvania Municipalities Planning Code. YARD: An open space on a lot, other than a court, unoccupied and unobstructed from the ground to the sky, except as otherwise provided, and not including any portion of a street or alley. Front: A yard extending across the full width of the lot and abutting the front lot line, the required depth of which yard is a prescribed minimum distance between the front lot line and a line parallel thereto on the lot. Rear: A yard extending across the full width of the lot and abutting the rear lot line, the required depth of which yard is a prescribed minimum distance between the rear lot line and a line parallel thereto on the lot. Side: A yard extending across the full width of the lot and abutting the side lot line, the required depth of which yard is a prescribed minimum distance between the side lot line and a line parallel thereto on the lot. - 6

23 ZONNG DSTRCT MAP: The official plan of zoning districts in the Township, showing precisely the boundaries and title of each zoning district, and a pari of this Ordinance. ZONNG HEARNG BOARD: A Board appointed by the Township Supervisors to examine appeals for relief from strict conformance of application of this Ordinance, to decide on proposals for special exceptions, and to hear testimony regarding the validity of any regulations upon development in the Township. ZONNG OFFCER: An individual appointed by the Township Supervisors to enforce the regulations of this Ordinance, and at the discretion of the Supervisors, other local Ordinances affecting development, with power to halt illegal construction and to issue permits. ZONNG PERMT: A document issued by the Zoning Officer stating that a proposed use or development will be in compliance with this Ordinance, and authorizing the applicant to proceed to obtain all required Building Permits. 7

24 Section 3. ARTCLE CLASSFCATON OF DSTRCTS Penn Township is divided into the districts stated as shown on the zoning district map. These districts are: S Conservancy District RE Residence Estate District R One-Family Residence District C Neighborhood Commercial District CY Highway Commercial District M Planned Light ndustrial District Section 3.2 ZONNG DSTRCT MAP The boundaries of the districts listed above are designated on the Zoning District Map, which, together with all the information recorded thereon, is hereby made a part of this Ordinance. Section 3.3 BOUNDARES OF DSTRCTS Where uncertainty existing with respect to the boundaries of the various districts, as shown on the ZONNG DSTRCT MAP, the following rules shall apply: Where the indicated boundaries on the ZONNG DSTRCT MAP are approximately lot lines or property lines, said lines shall be construed to be the boundaries of such district, unless otherwise indicated. Where the indicated boundaries on the ZONNG DSTRCT MAP are approximately public rights-of-way, streams or railroads, the centerlines of said public rights-of-way, streams or railroads shall be construed to be the boundaries. Where the indicated boundaries are dimensioned on the ZONNG DSTRCT MAP, said dimensions shall determine the boundaries. Where the indicated boundaries are not approximately lot or property lines or public rights-of-way, and where said boundaries are not dimensioned, the boundaries shall be determined by scaling on the ZONNG DSTRCT MAP. Where the indicated boundaries on the ZONNG DSTRCT MAP are not approximately lot lines or property lines or public rights-of-way, and said boundaries thus divide a property into two (2) or more district classifications, - said boundary lines shall be considered the same as 8

25 Section 4. USE ARTCLE V "S" CONSERVANCY DSTRCT n this district, the land and structures may be used, and structures may be erected, altered, enlarged, and maintained for the following uses only Permitted Uses: A. Agricultural uses, including field crops, berry or bush crops, tree crops, flower gardening, nurseries, orchards, aviaries, and apiaries. 6. Recreation area, when operated by a non-profit organization. C. Reforestation and the public reservation of environmentally sensitive areas not involving sales, or advertising, on the premises. D. One-family dwelling. Accessory uses: A. Accessory buildings and uses customarily incidental to the permitted principal uses, not to exceed in square footage the area of the principal structure, except that agricultural accessory structures such as horse and cattle barns may exceed in square footage, the area of the principal structure. B. Signs. C. Home occupations Conditional uses. The following "Conditional uses" as prescribed in ARTCLE X, may be granted or denied, as per the provisions of that Article. t is not the intention that the "S" District encourage the following uses. Certain areas of such district may be developed to meet the minimum standards established as prescribed in Article X, and may therefor accommodate said uses. A. Government use or structure (Section 3..4) 6. Essential service buildings, structures, facilities, and installations (Section 3..8) Special Exceptions granted by the Zoning Hearing Board, as prescribed in ARTCLE XV: A. Use of a lot insufficient in size to meet the minimum area requirements of a zoning lot, for a greenhouse, or horticultural nursery, which uses shall not occupy more than 70% of the gross lot area. - 20

26 Section 4.2 LOT AREA, YARD AND HEGHT REQUREMENTS These standards are hereby established as the minimum necessary to achieve. the community goals and objectives identified. Development proposals which exceed these standards are encouraged Lot or Parcel Area A. Minimum lot area per family - two (2) acres B. Lot Width () nterior lot - two hundred feet (200') (2) Corner lot - two hundred and seventy-five feet (275') Yard Requirements A. B. C. D. Front yard depth - seventy-five feet (757, measured from the right-of-way line, or one hundred feet (00') from the centerline of the street, whichever results in the greatest dimension. Side yard width - fifty feet (50') on each side. A side yard abutting a street shall not be less than the depth of front yard required on the adjoining lot on that street. Rear yard depth - seventy-five feet (754, except that for a through lot the required rear yard depth shall be the same as the required front yard depth. Accessory structures - Front yard same as principal use, side and rear yards eight feet (8') minimum Height: The maximum height of structures, except as otherwise provided, in this district, shall be: Section 4.3 See Article XV. A. Thirty-five (35) feet not exceeding two (2) stories for a one-family dwelling. B. Thirty-five (35) feet not exceeding three (3) stories for principal structures. C. Accessory use structures shall not exceed twenty-five (25) feet in height. D. Accessory agriculture structures, such as barns and silos, shall be exempt from maximum height restrictions. PARKNG 2

27 Section 4.4 PERMTS A ZoninglBuilding permit shall be required prior to the erection, construction, placement or alteration of any structure proposed in relations to those uses enumerated in this Article. 22

28 Section 5. USE ARTCLE V "R-E" RESDENCE ESTATE DSTRCT n this district, the land and structures may be used, and structures may be erected, altered, enlarged, and maintained for the following uses only: Permitted Uses: A. One-family dwelling. B. Farming, general gardening, and growing of trees and nursery stock and the raising or boarding of livestock. C. Playground or park (non-profit), or publicly owned recreation area. D. Planned Residential Developments. Accessory Uses A. Accessory buildings and uses customarily incidental to the permitted principal uses, not to exceed in square footage the area of the principal structure, except that agricultural accessory structures such as horse and cattle barns may exceed in square footage, the area of the principal structure. B. Signs, as prescribed in Article XV. C. Required automobile parking space and loading space, as prescribed in Section 4.2 and 4.3. Conditional uses: The following conditional uses as prescribed in Article Xlll may be granted or denied as per the provisions of that Article. A. B. C. D. E. F. G. H. Educational, religious or philanthropic institution, or unit group building thereof including cemeteries (Section 3..3). Golf courses (Section 3..22). Government use or structure (Section 3..4). Hospital, sanitarium, nursing home, personal care home, or unit group building thereof (Section M..5). Commercial kennels in which the principal business is the boarding of dogs or cats or the raising of them as a commercial venture (Section 3..23). Private Membership Club (Section 3..6). Essential service buildings, structures, facilities, and installations (Section 3..8). Excavating of earth materials in conformance with Section

29 Section 5.2. Airports conforming with Section J. Mobile Home Parks (See Subdivision & Land Development Ordinance.) LOT AREA, YARD AND HEGHT REQUREMENTS These standards are hereby established as the minimum necessary to achieve the community goals and objectives identified. Development proposals which exceed these standards are encouraged Lot or Parcel Area A. Farming -ten (0) acres minimum lot area. B. Commercial kennels - eight (8) acres minimum lot area. C. One-family dwelling and other permitted uses - one () acre minimum. D. Lot Width () (2) Yard Requirements nterior lot - one hundred fifty feet (50') Comer lot - one hundred and seventy-five feet ( 75') A. Front yard depth - fifty feet (507, measured from the right-of-way line, or seventy-five feet (75') from the centerline of the street, whichever results in the greatest dimension. (See Section.3) B. Side yard width - twenty feet (20') on each side. A side yard abutting a street shall not be less than the depth of front yard required on the adjoining lot on that street. C. Rear yard depth - fifty feet (50'). except that for a through lot the required rear yard depth shall be the same as the required front yard depth. D. Accessory structures: Front yard same as principal use, side and rear yards, eight feet (8') minimum. Height: The maximum height of structures, except as otherwise provided, in this district, shall be: A. Thirty-five (35) feet not exceeding two (2) stories for a one-family dwelling. B. Thirty-five (35) feet not exceeding three (3) stories for other permitted principal structures (Section.2) C. Accessory use structures shall not exceed the twenty-five (25) feet in height. D. Accessory agriculture structures such as barns and silos shall be exempt from maximum height restrictions. - 24

30 Section 5.3 PARKNG See Article XV. Section 5.4 PERMTS A ZoninglBuilding permit shall be required prior to the erection, construction, placement or alteration of any structure proposed in relations to those uses enumerated in this Article. 25

31 Section 6. ARTCLE V "R-" ONE-FAMLY RESDENCE DSTRCT USE n this district, the land and structures may be used, and structures may be erected, altered, enlarged, and maintained for the following uses only: Permitted Uses A. One-family dwelling. B. Farming, general gardening, and growing of trees and nursery stock provided any roadside sales stand conforms to Section..5 and the raising or boarding of livestock conforms to Section..6. C. Planned Residential Developments. Accessory Uses A. Accessory buildings and uses customarily incidental to the permitted principal uses, not to exceed in square footage the area of the principal structure, except that agricultural accessory structures such as horse and cattle barns may exceed in square footage, the area of the principal structure. 6. Signs, as prescribed in Article XV. C. Required automobile parking space and loading space, as prescribed in Section 4.2 and 4.3. Conditional Uses: The following conditional uses as prescribed in Article Xlll may be granted or denied as per the provisions of that Article. A. B. C. D. E. F. G. H. Mobile home parks (See Subdivision and Land Development Ordinance). Golf courses (Section 3..22). Private membership club (Section 3..6). Essential service buildings, structures, facilities and installations (Section 3..8) Government use or structure (Section 3..4) Educational, religious or philanthropic institution (Section 3..3). Hospital, sanitarium, nursing home or personal care home (Section 3..5). Commercial kennels in which the principal business is the boarding of dogs or cats or the raising of them as a commercial venture (Section 3..23). - 26

32 Section 6.2 LOT AREA, YARD AND HEGHT REQUREMENTS These standards are hereby established as the minimum necessary to achieve the community goals and objectives identified. Development proposals which exceed these standards are encouraged Lot or Parcel Area A. Farming - minimum ten (0) acres. B. Commercial kennels - eight (8) acres minimum lot area. C. One-family dwelling - one () acre minimum. D. One-family dwelling - twenty-five thousand (25,000) square feet with public water and sanitary sewers. E. Lot Width () (2) (3) (4) Yard Requirements nterior lot - one hundred fifty feet (50') Corner lot - one hundred and seventy-five feet (75') nterior lot with public water and sanitary sewers - one hundred twenty-five feet (25') Comer lot with public water and sanitary sewers - one hundred twenty-five feet ( 25') A. Front yard depth - fifty feet (507, measured from the right-of-way line, or seventy-five feet (75') from the centerline of the street, whichever results in the greatest dimension. B. Side yard width - minimum eight feet (8') on one side; twenty feet (20') total both sides. C. Rear yard depth - thirty feet (307, except that for a through lot the required rear yard depth shall be the same as the required front yard depth. D. Accessory structures - Front yard same as principal use, side and rear yards eight feet (8') minimum. Height: The maximum height of structures, except as otherwise provided, in this district, shall be: A. Thirty-five (35) feet not exceeding two (2) stones for a one-family dwelling. B. Thirty-five (35) feet not exceeding three (3) stories for other permitted principal structures. C. Accessory use structures shall not exceed the twenty-five (25) feet in height. - 27

33 Section 6.3 See Article XV. Section 6.4 D. Accessory agricultural structures such as barns and silos shall be exempt from maximum height restrictions. PARKNG PERMTS A ZoninglBuilding permit shall be required prior to the erection, construction, placement or alteration of any structure proposed in relations to those uses enumerated in this Article. 28

34 Section 7. ARTCLE V "C-" NEGHBORHOOD COMMERCAL DSTRCT USE n this district, the land and structures may be used, and structures may be erected, altered, enlarged, and maintained for specified commercial uses listed hereunder: 7.. General Provisions A. Use must be conducted entirely within an enclosed building unless otherwise provided. B. Each use shall comply with the Performance Standards of Section.7. C. Not exceed a gross floor area of ten thousand (0,000) square feet Permitted Uses: A. B. C. D. E. F. G. H.. J. K. L. M Accessory Uses Bakery with baking on the premises limited only to goods for daily sale on the same property; Banks and/or savings and loan; Barber shop or beauty shop; Drug store; Food sales in permanent quarters with incidental sales of automotive fuel and accessories; Flower sales and nursery supplies; Garden supplies sales completely within an enclosed structures; Laundry and dry-cleaning self-service or pick-up and delivery services; Real estate sales office; Shoe repair shop; Tailor or dress-making shop; Farming, general gardening and growing of trees and nursery stock (including roadside displays and commercial signs) Medical or dental office or clinic A. Accessory buildings and uses customarily incidental to the permitted principal uses, not to exceed in square footage the area of the principal structure. B. Signs (Article XV). - 29

35 Conditional uses as prescribed in ARTCLE X, including: Section 7.2 A. Government use or structure (Section 3..4) B. Essential service buildings, structures, facilities and installations (3.. 8) C. Funeral homes. D. Mixed use residential on second floor, commercial on first. LOT AREA, YARD AND HEGHT REQUREMENTS These standards are hereby established as the minimum necessary to achieve the community goals and objectives identified. Development proposals which exceed these standards are encouraged Lot or Parcel Area A. Lot Area - minimum one () acre B. Lot Width () (2) (3) (4) Yard Requirements nterior lot - one hundred fifty feet (50 ) Corner lot - one hundred and seventy-five feet (75 ) nterior lot with public water and sanitary sewers - one hundred twenty-five feet ( 25 ) Corner lot with public water and sanitary sewers - one hundred twenty-five feet (25 ) A. Front yard depth - fifty feet (50), measured from the right-of-way line. B. Side yard width - fifteen feet (5 ) except in the following instance: () A side yard abutting a street not less in width than twenty-five feet (25 ). C. Rear yard depth - fifteen feet (5 ) except in the following instance: () For a through lot, the required yard depth shall be the same as the required front yard depth. D. A bufferyard shall be required where a lot or parcel zoned C- has been approved for developmentmd abuts a developed lot or parcel in the R-E (Residence Estate) district or R- (One Family Residence District). Said bufferyard shall comply with the provisions of Section.0.) Height: The maximum height of structures in this district, except as otherwise provided, in this district, shall be: A. Thirty-five (35) feet not exceeding two (2) stones for a main structure. - 30

36 Section 7.3 See Article XV. Section Accessory use structures shall not exceed twenty-five (25) feet in height. PARKNG PERMTS A ZoninglBuilding permit shall be required prior to the erection, construction, placement or alteration of any structure proposed in relations to those uses enumerated in this Article. 3

37 Section 8. ARTCLE Vlll 'C-2" HGHWAY COMMERCAL DSTRCT USE n this district, the land and structures may be used, and structures may be erected, altered, enlarged, and maintained for the commercial uses listed herein. Each enterprise shall comply with the Performance Standards of Section.7. The regulations of the "C-2" District are intended to permit and encourage commercial development suitable and appropriate to location along portions of certain principal highways of the Township, as defined. n any C-2 District, the uses shall, in addition to conforming to any and all regulations pertaining thereto that are specifically set forth in this Ordinance, be in accordance with a land development plan or plans approved by the Planning Commission. The land development plan shall include all information required in Article V of the Penn Township Subdivision and Land Development Ordinance. 8.. Permitted Uses are: A. B. C. D. E. F. G. H.. J. ndoor recreation (public or private): billiard or pool hall, bowling alley, dance club, ice and roller skating, video arcade and the like, provided that any portion of this use category within three hundred (300) feet of property in an "R district shall be conducted entirely within an enclosed building. Automobile and truck maintenance and repair in an enclosed building, the outdoor storage of damaged vehicles is prohibited except for those vehicles currently licensed and registered. Automobile, truck, trailer, farm machinery, recreational vehicle, mobile home sales and service, new and/or used but available for sale, provided that any sales are located and developed as required in Section..3. Bank or Savings and Loan nstitution. Bakery. Beverages, retail or wholesale distribution of. Club, (nonresidential), lodges and social halls. Public garage or public parking area (Section..3). Drive-in establishments as follows: banks, restaurants with inside dining facilities as well as take-out service. refreshment stands or vending machine outlet. Feed and garden supplies sales. - 32

38 K. Food market. L. Fruit and vegetable stand. M. Funeral home or mortuary. N. Tailor or dress-making shop. 0. General store for the sale a books, beverages, confections, drugs, flowers, gifts, periodicals, radios, and the like, stationery or tobacco. P. Public and private recreation including, but not limited to, golf courses, field sports, batting cages and court games. Q. Hardware store, including the sale and display of farm machinery and equipment. R. Hospital for small animals (dogs, cats and the like), including kennels, provided yards are not enclosed. S. ce, sale of, storage not more than five (5) tons. T. Laundry andlor dry-cleaning. U. Medical or dental office or clinic. V. Nursery, flower or plant, provided that all incidental equipment and supplies, including fertilizer and supply cans are kept within an enclosed building. W. Office buildings. X. Real Estate sales. Y. Repair services (including, but not limited to jewelry, appliances and shoes). 2. Restaurant services. AA. Print shop. AB. Farming, general gardening and growing of trees and nursery stock Accessory Uses: A. Accessory buildings and uses customarily incidental to the permitted principal uses, not to exceed in square footage the area of the principal structure. B. Signs (Article XV) Conditional uses as prescribed in ARTCLE X, including: A. Airports(Section 3..24) B. Apartments (Section 3..2) C. Drive-in theater (Section 3..2) D. Government use or structure (Section 3..4) E. Motel (Section 3..9) - 33

39 : ~ Section 8.2 F. Essential service buildings, structures, facilities and installations (Section 3..8) G. Shopping Center (Section 3..20) H. Boatbuilding (Section 3..25). Mini-Storage (Section 3..26) J. Group homes (Section 3.. ) LOT AREA, YARD AND HEGHT REQUREMEN S These standards are hereby established as the minimum necessary to achieve the community goals and objectives identified. Development proposals which exceed these standards are encouraged Lot or Parcel Area A. Minimum one () acre for permitted uses; minimum two (2) acres for conditional uses, when new construction is proposed Yard Requirements A. Front yard depth - fifty feet (50'), measured from the right-of-way line. B. Side yard width - none required, except in the following instances: () When side lot line abuts an " R district - fifteen feet (5') (2) A side yard abutting a street not less in width than twenty-five feet (25). C. Rear yard depth - none required, except in the following instances: () When rear lot line abuts an " R district - fiffeen feet (5') (2) For a through lot. the required rear yard depth shall be the same as the required front yard depth. D. No structure shall be closer to another abutting district than the depth of front yard required in said abutting district, nor closer to a lot line abutting a street than is permitted in the district on the opposite side of the street, and in no case closer than fifty (50) feet to a street. E. The Planning Commission may require a permanent, contiguous wood or metal fence not less than four (4) nor more than eight (8) feet in height at least fifty (50) percent of the surface of which is opaque, or an evergreen shrub or hedge which shall be maintained at not less than four (4) nor more than eight (8) feet in height when mature to be placed along the property line of a commercial development proposal in the C-2 district where it abuts the R-E or R- district. Height: The maximum height of structures, except as otherwise provided, in this district, shall be: 34

40 Section 8.3 See Article XV. Section 8.4 A. Thirty-five (35) feet not exceeding two (2) stories for a principal structure. B. Accessory use structures shall not exceed twenty-five (25) feet in height. PARKNG PERMTS A ZoninglBuilding permit shall be required prior to the erection, construction, placement or alteration of any structure proposed in relation to those uses enumerated in this Article. Section 8.5 MULTPLE USES n the C-2 Highway Commercial District, parcels or lots may accommodate more than one permitted principal use, or a unit group, including an approved conditional use or a use by special exception, when they are developed as an integrated land development. 35

41 Section 9. ARTCLE X "M" PLANNED LGHT NDUSTRAL DSTRCT USE n this district, the land and structures may be used, and structures may be erected, altered, enlarged, and maintained for light industrial uses listed hereunder, when conducted within an enclosed building, unless otherwise specifically stated. 9.. General provisions A. No explosive materials or processes are involved. B. Each use shall comply with the Performance Standards of Section Permitted Uses are: A. B. C. D. E. F. G. H.. J. K. L. M. Assembly of small electrical appliances and other components. Automobile, truck, trailer, farm machinery, recreational vehicle, mobile home sales and service, new andlor used but available for sale, provided that any sales area is located and developed as required in Section..3. Bakery. Boatbuilding. Bottling works. (Same as Subsection 0) Building materials sales establishment or contractors storage yard. Distribution plant, including parcel delivery, ice and cold storage plant, bottling plant, and food commissary or catering establishment. Dry cleaning plant. Laboratory - experimental, photo, or motion picture, film or testing. Machinery, sales and display (display need not be within an enclosed building), Manufacturing, fabricating, compounding, assembling, or treatment of articles or merchandise from the following previously prepared materials: bone, canvas, cellophane; clay; cloth; feathers; felt; fiber; fur; glass; paper; plastics; precious or semi-precious metals or stones; shell; straw; textiles; tobacco; wood; heavy woodworking shop; and yarns. Manufacture of pottery and figurines or other similar ceramic products, using only previously pulverized clay. Manufacture, fabrication, and maintenance of electric and neon signs, billboards, commercial advertising structures, metal products of a light - 36

42 nature including heating and ventilating ducts and equipment - cornices, eaves, and the like, and also including plumbing, heating, or electrical contracting business. N. Manufacture of musical and small precision instruments, watches and clocks, novelties, rubber and metal hand stamps. 0. Manufacture, processing, canning, packaging, or treatment of such products as beverages, cosmetics, drugs, perfumed toilet soap, perfumes, and pharmaceuticals; and food products not including fish smoking, curing, canning, rendering of fats and oils, or the slaughter of animals. P. Printing, lithographing, type composition, ruling and binding establishment. Q. 'Storage, other than: () Celluloid. (2) (3) (4) (5) (6) 9..3 Accessory uses 9..4 Garbage, offal, dead animals, or refuse. Gas (in its various forms, in excess of ten thousand [0.000] cubic feet). Gunpowder, fireworks, or other explosives. Junk, scrap, metal, paper or rags. Gasoline, petroleum and petroleum by-products in excess of an amount necessary for use on the premises. (7) Raw hides or skins. A. Accessory buildings and uses customarily incidental to the permitted principal uses, not to exceed in square footage the area of the principal structure. 6. Office, as an accessory to the principal use. C. Accessory use need not be within an enclosed building D. Signs (See Article xv). Conditional Uses as prescribed in ARTCLE X. including: A. Government use or structure (See Section 3..4). B. Essential service buildings, structures, facilities and installations (Section 3..8) - need not be within an enclosed building. C. Communications towers (See Section 3..7) D. Adult Businesses (See Section 3..27) 37

43 9..5 Special Exceptions (approved or denied by the Zoning Hearing Board): Section 9.2 A. Temporary use of vacant land for sale of nursery plants, or for commercial recreation purposes which need not be within an enclosed building. LOT AREA, YARD AND HEGHT REQUREMENTS These standards are hereby established as the minimum necessary to achieve the community goals and objectives identified. Development proposals which exceed these standards are encouraged Lot or Parcel Area - the minimum lot area is one () acre Yard Requirements A. B. C. D. E. Front yard depth - seventy feet (70') measured from the right-of-way line, or ninety-five feet (95') from the centerline of the street, whichever results in the greater dimension. Side yard width - none required, except in the following instances: () When side lot line abuts an " R district - fifty feet (50'). (2) A side yard abutting a street - not less in width than twenty-five feet (25'). Rear yard depth - none required, except in the following instances: () When rear lot line abuts an " R district - fifty feet (50) (2) For a through lot, the required rear yard depth shall be the same as the required front yard depth. All required yards shall be landscaped and maintained. The Planning Commission may require a permanent, contiguous wood or metal fence not less than four (4) nor more than eight (8) feet in height at least fifty (50) percent of the surface of which is opaque, or an evergreen shrub or hedge which shall be maintained at not less than four (4) nor more than eight (8) feet in height at maturity to be placed along the perimeter property line of a commercial development proposal in the M- district where it abuts the R-E or R- district Height: No maximum height established. Section 9.3 See Article XV. PARKNG 38

44 Section 9.4 PERMTS A ZoninglBuilding permit shall be required prior to the erection, construction, placement or alteration of any structure proposed in relations to those uses enumerated in this Article. Section 9.5 MULTPLE USES n the M Planned Light ndustrial District, parcels or lots may accommodate more than one permitted principal use, or a unit group, including an approved conditional use or a use by special exception, when they are developed as an integrated land development. 39

45 ARTCLE X PLANNED RESDENTAL DEVELOPMENT Section 0. PLANNED RESDENTAL DEVELOPMENT: 0.. Purpose - The purpose of the Planned Residential Development (PRD) regulations is to permit residential development which is more creative and imaginative than is generally possible under conventional zoning district controls and subdivision requirements. Further, these regulations are intended to promote more economical and efficient use of the land while providing a compatible blend of housing types, amenities and community facilities of high quality, oriented to the specific development site and preservation of the natural scenic qualities of open areas Application - A PRD may be permitted as a conditional use in the R-E and R- zones, subject to the standards, restrictions, qualifications, criteria, requirements, conditions, regulations and procedures enumerated in this Article, as set forth herein. Certain provisions of this Ordinance and the respective Subdivision Ordinance shall not be applied to PRD proposals accepted for review, except when specifically indicated by the provisions contained herein. Section 0.2 OWNERSHP REQUREMENTS: 0.2. The minimum land area for a PRD shall be twenty (20) contiguous acres. Public easements or private roads shall not be construed as an interruption or division of a tract of land proposed for a PRD Prior to the Pre-Application Conference, the developer of a PRD shall provide evidence of a full ownership interest in the land, which for purposes of this ordinance shall be either legal title or an executed binding sales agreement evidencing equitable title in it. A PRD shall be in single legal, as well as equitable, ownership coincident with approval of the Final Development Plan. Section 0.3 AVALABLTY OF PUBLC SERVCES AND ACCESS: 0.3. Where the Township determines that public sewage and water facilities are available and are capable of being extended to the development site, the developer shall connect the PRD to such facilities n the absence of a public sewage facilities, the developer shall provide within a PRD a sanitary sewage system acceptable to Penn Township and which shall be subject to the standards, rules and regulations of the 40

46 Department of Environmental Protection of the Commonwealth of Pennsylvania or any successor thereto. Central water service shall be supplied to each building or structure to be erected in a PRD. The developer shall provide within a PRD a stormwater management system which shall be of sufficient size and design to collect, carry off and dispose of all predictable stormwater run-off within the PRD and shall be so constructed as to conform with applicable statutes, ordinances, and regulations of the Commonwealth of Pennsylvania, Butler County and Penn Township including the Subdivision and Land Development Ordinance. A PRD shall be related to the local regional highway systems. The developer must demonstrate to the satisfaction of the Planning Commission and the Board of Supervisors, that traffic circulation problems will not be created and that the proposed road system is adequate in terms of traffic volume capacity and construction type to accommodate the projected PRD generated traffic. Section 0.4 REVEW PROCEDURES AND SUPPORTNG DOCUMENTATON The PRD provisions of this Ordinance shall be applied by the Planning Commission, staff and municipal consultants which shall review all applications on the basis of specified standards, restrictions, qualifications, criteria, requirements, conditions, regulations and procedures. The Board of Supervisors shall conduct public hearings and have final authority to approve, modify or disapprove a PRD. A developer shall obtain required approvals for a PRD by following a four (4) step review process which shall consist of a Pre-Application Conference, a Preliminary Development Plan Review, Public Hearings, and a Final Development Plan Review. A. Pre-Application Conference - Each applicant may confer with the Township Zoning Officer to schedule a Pre-Application Conference. t shall be the responsibility of the Zoning Officer to arrange a conference with the Planning Commission. The conference shall include members of the Planning Commission and designated members of the Board of Supervisors. The Solicitor, local utility service representatives, Township Engineer, Police Department and others deemed appropriate may also be requested to attend such conference. tems to be addressed at the pre-application conference shall include but not be limited to the following: - () Location of the proposed PRD site; 4

47 ~ ~ (2) (3) (4) (5) (6) Points of access and road names; Utilities and location of utility line extensions; Topography of the proposed PRD site; Conceptual stormwater management plan; and Significant stands of trees, size and species. B. Preliminary Development Plan (Application for Tentative Approval) - Within one hundred and twenty (20) days following the Pre-Application Conference, ten (0) copies of a Preliminary Development Plan shall be presented in sufficient detail to provide the Planning Commission with a major substantive review of the proposed PRD. Such Preliminary Development Plan shall constitute the Application for Tentative Approval. The following documentation shall be submitted in support of the Application: Written Documents: a. A legal description of the total tract proposed for development, including a statement of present and proposed ownership. b. A statement identifying the planning objective(s) to be achieved by the PRD through the particular approach proposed by the developer. The statement shall include a description of the character of the proposed development. c. Data indicating the following - total number and type of dwelling units, parcel size, proposed lot coverage of buildings and structures (in both square footage and percentage), approximate gross and net residential densities, total amount of open space (including a separate figure for active open space and passive open space), economic feasibility studies or market analyses where they are available and other studies as may be designated by the Planning Commission. Location Map - This map shall clearly show the location and area of the tract proposed for development with relation to all lands, buildings and structures within five hundred feet (500') of its boundaries, the location and distance to existing related highways, streets or roads and the names of owners of properties adjacent to the tract. Site Plan and Supporting Maps - A site plan at a scale no smaller than one inch equals fifly feet ("=50') and any maps necessary in the opinion of the Planning Commission on a scale as required by it to show the major details of the proposed PRD, which site plan and maps shall also contain the following minimum information: 42

48 a. The existing site conditions including contours at a minimum intervals of two feet (Z), watercourses, flood plains, forest cover, soils, and natural features considered significant by the Planning Commission. b. Proposed lot lines and subdivision plan, if any. c. The location of all existing and proposed buildings, structures, and other improvements, including maximum heights, types of dwelling units and density per type. Preliminary elevations andlor architectural renderings of typical structures shall be provided. Such drawings shall be sufficient to relay the basic architectural intent of the proposed improvements. d. The location and size, in acres and square feet, of all areas to be conveyed, dedicated or reserved as common open space. e. The existing and proposed vehicular circulation system of collector and local streets or roads, including off-street parking areas, service areas, loading areas and major points of access to public rights-of-way (including major points of ingress and egress to the development). f. The existing and proposed pedestrian circulation system, including its interrelationships with the vehicular circulation system and indicating proposed treatment of points of conflict. g. The existing and proposed utilities systems, including sanitary sewers, storm sewers, water, electric, gas, cable T.V. and telephone lines. h. Any additional information required by the Planning Commission as necessary for it to evaluate the character and impact of the propdsed PRD. (4) Projected Scheduling of Stages - n the case of development plans which call for development over a period of years, a schedule defining such stages shall be provided. This schedule shall be reviewed annually with the Planning Commission by the developer on the anniversary of the tentative approval or as each stage of development is completed, whichever shall first occur. C. Public Hearings and Approval: () Within sixty (60) days following receipt of a completed Application for Tentative Approval of a PRD, with required documentation, a public hearing pursuant to public notice on such Application shall be held by the Board of Supervisors. Said public hearing may be continued from time to time but - 43

49 (2) (3) (4) shall be concluded no more than sixty (60) days after the date of the first public hearing. The Board of Supervisors may offer mediation as an aid in completing proceedings authorized by this Article. The Board within sixty (60) days following the conclusion of the public hearing shall by official written communication to the developer, either: a. Grant tentative approval of the Preliminary Development as submitted; b. Grant tentative approval of the Preliminary Development Plan subject to specified conditions not included in the Preliminary Development Plan as submitted; or c. Deny tentative approval. Failure to so act within such period of time shall be deemed to be a grant of tentative approval of the Preliminary Development Plan as submitted. n the event, however, that the tentative approval of the Preliminary Development Plan is granted subject to specified conditions, the developer may within thirty (30) days after receiving a copy of the official written communication of the Board of Supervisors notify such Board of his refusal to accept all such conditions, in which event tentative approval of the Preliminary Development Plan is deemed to be denied. n the event the developer does not, within said period, notify the Board of Supervisors of his refusal to accept all said conditions, tentative approval of the Preliminary Development Plan, with all said conditions, shall stand as granted. a. The grant or denial of tentative approval by official written communication shall include not only conclusions but also findings of fact related to the specific proposal and shall set forth the reasons for the grant, with or without i. ii. conditions, or for the denial of the application. Said communication shall set forth specifically in what respects the development plan would,or would not be, in the public interest, including, but not limited to, findings of fact and conclusions on the following: n those respects in which the development is or is not consistent with the comprehensive plan for the development of the Township. The extent to which the development plan departs from zoning and subdivision regulations otherwise applicable to the subject property, including but not limited to density. bulk and use, and the reasons why 44

50 iii. iv. such departures are or are not deemed to be in the public interest. The purpose, location and amount of the common open space in the planned residential development, the reliability of the proposals for maintenance and conservation of the common open space, and the adequacy or inadequacy of the amount and purpose of the common open space as related to the proposed density and type of residential development; The physical design of the development plan and the manner in which said design does or does not make adequate provision for public services, provide adequate control over vehicular traffic, and further the amenities of light and air, recreation and visual enjoyment; v. The relationship, beneficial or adverse, of the proposed planned residential development to the neighborhood in which it is proposed to be established; vi. and n the case of a development plan which proposes development over a period of years, the sufficiency of the terms and conditions intended to protect the interests of the public and of the residents of the planned residential development which relates to the integrity of the development plan. (5) n the event a development plan is granted tentative approval, with or without conditions. the Board of Supervisors may set forth in the official written communication the time within which an application for final approval of the development plan shall be filed or, in the case of a development plan which provides for development over a period of years, the periods of time within which applications for final approval of each part thereof shall be filed. Except upon the consent of the landowner, the time so established between grant of tentative approval and an application for final approval shall not be less than three (3) months and, in the case of developments over a period of years, the time between applications for final approval of each part of a plan shall be not less than helve (2) months. D. Criteria for Tentative Approval - The Board of Supervisors may give tentative approval to a Preliminary Development Plan, if and only if, it is found to meet the following criteria: - () The proposed Preliminary Development Plan complies with all standards, restrictions, qualifications, criteria, requirements, 45

51 conditions, regulations, and procedures of this Ordinance, preserves the Community Development Objectives of this Ordinance and complies with all relevant county and state regulations. Where the proposed Preliminary Development Plan provides standards varying from those in this Ordinance and the Township Subdivision and Land Development Ordinance otherwise applicable to the subject property, such departure is in the public interest and promotes the conservation of the environment, health, safety and general welfare of the public. The proposals for the maintenance and conservation of any proposed common open space are reliable and meet the standards of this Ordinance, and the amount and extent of improvements of the remaining land have been identified with respect to the purpose, use and type of residential development proposed. The physical design of the proposed Preliminary Development Plan adequately provides for public services, traffic facilities and parking, light, air, recreation and visual enjoyment. The total environment of the proposed Preliminary Development Plan, including lot layout and design, street configuration and preservation of natural amenities, is consistent with the neighborhood in which it is located. The proposed Preliminary Development Plan will afford adequate protection of natural water courses, topsoil, trees, and other features of the natural environment and will prevent erosion, landslides, siltation and flooding. n the case of a Preliminary Development Plan which proposes development over a period of years, the terms and conditions thereof are sufficient to protect the interest of the public and of the residents of the PRD which relates to the integrity of the Final Development Plan. The grant or denial of tentative approval shall include findings of fact relating to the proposed Preliminary Development as submitted for approval and reasons for such decisions shall be set forth with particularity, including but not limited to whether the proposed Preliminary Development Plan would or would not be in the public interest with respect to each of the above criteria. E. n the event that a Preliminary Development Plan is given tentative approval,.and thereafter, but prior to final approval, the landowner shall elect to abandon said Preliminary Development Plan and shall so notify the Board of Supervisors, in writing; or, in the event the - 46

52 F. landowner shall fail to file application or applications for final approval within the required period of time, or times, as the case may be, the tentative approval shall be deemed revoked. All that portion of the area included in the development plan for which approval has been revoked, shall be subject to all Township ordinances otherwise applicable. in effect at that time, and the same shall be noted on the zoning map and in the records of the Township Zoning Officer. Final Development Plan (Application for Final Approval) - After the Preliminary Development Plan is tentatively approved by the Board of Supervisors, the developer shall thereafter submit ten (0) copies of the Final Development Plan, which shall consist of detailed plans for any part or section of the land for which heishe desires final approval, which Final Development Plan shall constitute the Application for Final Approval. No building permit shall be issued until after final approval by the Board of Supervisors of the detailed plans for the part or section in which the proposed development is located. Final approval of any detailed plans shall lapse unless construction is started in that part or section within one () year after such approval. n the event the Application for Final Approval has been filed, together with all drawings, specifications and other written communication of tentative approval, the Board of Supervisors shall, within forty-five (45) days of such filing, grant such Final Development Plan final approval. Changes in the location and siting of building structures deemed minor by the Board of Supervisors may be authorized by it without additional public hearings, if required by engineering or other circumstances not foreseen at the time the Preliminary Development Plan was tentatively approved. However, gross and net density established by the tentatively approved Preliminary Plan shall not change. The Final Development Plan shall comply with the provisions of other existing ordinances related to development within the Township, Butler County and the Commonwealth of Pennsylvania, and shall include: a. All data required for final plan as specified in the Townships SubdiviSion and Land Development Ordinance. b. Accurately dimensioned locations of all proposed buildings, structures, parking areas and common open space. C. The number of families to be housed in each building or structure and intended use of each building or structure. 47

53 d. A statement indicating those units or buildings which will be retained by the developer, his heirs or assigns for use e. f. i. ii. as rental properties. The Landscaping Plan, including the location and types of materials of sidewalks, trails, recreation facilities as iii. permitted by this Ordinance. A general landscape plan indicating the treatment and material used for active and passive open space. The proposed landscaping treatment of the perimeter of the PRD. The proposed landscaping treatment of each building lot within the development. Supplementary data to include any covenants, grant of easements or other restrictions to be imposed on the use of land, buildings and structures and provisions for the maintenance, ownership and operation of common open space facilities. g. An engineering report which shall include the following data wherever pertinent. i. Profiles, cross sections and specifications for proposed highway, street or road improvements. ii. Profiles and other explanatory data concerning installation of water distribution systems, storm sewers and sanitary sewer systems. iii. Feasibility report of the proposed sanitary sewer system in terms of capacity to serve the proposed development. h. An Erosion and Sedimentation Control Plan which shall specifically indicate all erosion and sedimentation control measures to be utilized on the site. The Erosion and Sedimentation Control Plan shall be designed to prevent accelerated erosion and sedimentation and shall consider all factors which contribute to erosion and sedimentation, including but not limited to the following: i. The topographic features of the site area; ii. The types, depth, slope and extent of the soils by area; iii. The proposed alteration to the site area; iv. The amount of runoff from the site area and the upstream watershed area; v. The staging of earthmoving activities; 48

54 vi. Temporary control measures and facilities of use during earthmoving. vii. Permanent control measures and facilities for long-term protection. viii. A maintenance program for the control facilities including disposal of materials removed from the control facilities or site area. i. Sub-surface conditions, including data on slope stability and past or possible future mining activity and operations for oil and gas. j. A minimum of three (3) sections showing existing and proposed contours and their relationship to proposed buildings, structures, highways, streets, roads, parking areas and walkways and to existing woodlands. k. Location and type of temporary construction or sales office and equipment parking areas.. Any additional information required by the Planning Commission as necessary for it to evaluate the character and impact of the proposed PRD. (4) Should the Final Development Plan as submitted contain variations from the Preliminary Development Plan given tentative approval, the Board of Supervisors may refuse to grant final approval and shall hold a public hearing for comment on the application as revised within forty-five (45) days from filing of the Application for Final Approval and so advise the developer in writing of such refusal. n the event of such refusal, the developer may either: a. Refile his Application for Final Approval without the variations objected to, in which case the Board of Supervisors shall, within thirty (30) days of such refiling, grant such Final Development Plan final approval; or b. File a written request with the Board of Supervisors for a public hearing on the refused Application for Final Approval. Any such public hearing shall be held pursuant to public notice, within thirty (30) days after request for the hearing is made by the landowner. Within thirty (30) days after the conclusion of the hearing, the Board of Supervisors shall, by official written communication, either grant final approval to the development plan, or deny final approval. c. n the event the developer shall fail to take either of the alternate actions set forth in (a) or (b) herein within thirty (30) days of receipt of such written refusal, he or she shall 49 t

55 3 (5) (6) be deemed to have abandoned the Final Development Plan. The Final Development Plan, or any part thereof, which has been given final approval shall be so certified without delay by the Board of Supervisors and shall be recorded forthwith by the developer in the office of the Recorder of Deeds of Butler County before any permits for development are issued. f the sequence of construction of various portions of the Development is to occur in stages, then the common open space andlor recreational facilities shall be developed, or an adequate development commitment made thereto, in proportion to the number of dwelling units intended to be developed during any given stage of construction as approved. Furthermore, at no time during the construction of the Development shall the number of constructed dwelling units per acre of developed land exceed the overall density per acre established by the approved Final Development Plan. Section 0.5 ABANDONMENT OF DEVELOPMENT n the event that a development plan, or a section thereof, is given final approval and thereafter, the landowner shall abandon such plan, or the section thereof that has been finally approved he or she shall so notify the Board of Supervisors in writing; or, in the event the landowner shall fail to commence and carry out the PRD within such reasonable period of time as established by the Township's Subdivision and Land Development Ordinance, or other applicable regulations, after final approval has been granted, no development, or further development, shall take place on the property included in the development plan until after said property is reclassified by enactment of an amendment to this Zoning Ordinance. Section 0.6 STANDARDS AND REQUREMENTS: 0.6. Density A. The overall density of a Planned Residential Development plan shall not exceed the gross density of a comparable subdivision plan in terms of the total number of dwelling units proposed in relation to the required lot area in each zoning district where these alternative land uses are permitted. 6. n order to provide for adequate private open space on individual lots, and acknowledging that the clustering of home sites within public or common open space is a characteristics of Planned Residential Developments, the following minimum lot sizes are required: - 50

56 Duplex Permitted Use "R-E" Minimum lot area in square feet Single family dwelling 0,000 Townhouses Garden apartments - 6,000 per unit 2,500 per unit 5 nla "R-" Minimum lot area in square feet 9,000 5,000 per unit per unit,500

57 F. Location of Buildings or Structures - The proposed location and arrangement of buildings or structures shall be such that sunlight or air from the direction of adjacent buildings or structures within the development site area or from existing buildings or structures located adjacent to the proposed development, are not obstructed to the extent that such arrangement is possible Common Space: A. Area Limitation - Within a PRD the following percentages of the total gross land area shall be devoted to specified use as indicated herein; A minimum of thirty percent (30%) of the net site area, exclusive of road rights-of-way, easements, wetlands and stormwater detention facilities, shall be set aside and preserved for common open space. A minimum of ten percent (0%) shall be usable active open space with the remaining twenty percent (20%) percent as undisturbed passive open space. Where significant or unique natural amenities exist on the site, the Board of Supervisors shall have the authority to enforce their preservation as part of the required common open space. These amenities may include, but are not limited to, natural features such as rock outcroppings, virgin timber, groves of trees, ravines, ponds, stream beds and stream valleys. (2) A maximum of seventy percent (70%) of the net site area may be devoted to residential use, which shall include building coverage, parking areas, private yards and courts which abut and serve residences or groups of residences and other usable space. B. Protection of Common Space - Common space between structures, including that space being used as common open space, whether active or passive, shall be protected by adequate covenants running with the land or by conveyances or dedications. A PRD shall be approved subject to the submission of a legal instrument or instruments setting forth a plan and schedule for permanent care and maintenance of such space, recreational area and communally owned facilities. No such instrument shall be acceptable until approved by the Board of Supervisors following review by the Township Solicitor as to legal form and effect. n cases where Penn Township will not be accepting dedications of alleys, recreation area or common open space, the developer shall provide for an organization, or Homeowner's Association, for ownership and maintenance thereof. C. Common Space Maintenance - n the event that the organization established to own and maintain common open space, or any successor thereto, shall at anytime after establishment of the Final - 52

58 0.6.5 Permitted Uses: Development Plan fail to maintain the common open space, including all alleys, driveways and recreational facilities, in reasonable order and condition in accordance with the Final Development Plan, the Municipality may take remedial action to cause the common open space to be properly maintained, as provided by the Pennsylvania Municipalities Planning Code, as amended. A. Land and buildings in a Planned Residential Development may be used for the following purposes: () Single Family dwellings. (2) Duplexes. (3) Townhouses. (4) Recreation facilities which are for the use of residents of the development and which shall only include hiking, walking or bicycle trails, tennis, paddle tennis, basketball and volleyball courts, putting greens, swimming pool and related facilities; and such additional recreational uses as deemed appropriate by the Township Parking - Parking shall be provided as follows: A. There shall be a minimum of two (2) nine by eighteen foot (9 x 8) off-street parking spaces per one-family dwelling unit. B. There shall be a minimum of one () nine by eighteen foot (9 x 8) off-street parking space, excluding driveway for every two (2) dwelling units in the PRD for visitor parking. Placed within one hundred feet (00') of the dwelling units generating the need for such parking. C. Visitor parking areas shall be designed to minimize excessive numbers of vehicles in any one () area. Continuous rows of more than six (6) vehicles shall be interrupted with a landscaped island Circulation: A. Vehicular access within the PRD shall be designed to permit smooth traffic flow with the minimum hazard to vehicular or pedestrian traffic at intersections. B. A pedestrian circulation or walkway system shall be established where stipulated by the Township and that system shall be reasonably segregated from vehicular traffic. C. Streets and roads in a PRD should be designed and built to Township specifications and dedicated to public use but may be retained under private ownership. Any such dedication is not binding on the Township unless and until it is accepted by the enactment of an ordinance to that effect. - 53

59 Section 0.7 SURETY AND MPROVEMENTS: Section 0.8 FEES: The Board of Supervisors shall request an approved performance bond, irrevocable letter of credit, or such other acceptable security as determined by the Board of Supervisors following review by the Township Solicitor, to be furnished and filed with the Township Manager. An escrow agreement and account approved by the Board of Supervisors as to form and content shall be required in the amount of one hundred and ten percent ( 0%) of the estimated construction costs and engineering for each stage of development. All estimates of cost shall be approved by the Township Engineer. Such escrow amount shall accompany the request for final approval of the Final Development Plan to insure completion of all public and private site improvements, streets, roads, parking areas, sewers, utilities, recreation facilities, stormwater management facilities, street and individual lot lighting, landscaping, plantings and screening. Before any grading or building permit may be issued in regard to the PRD, all agreements, contracts, deed restrictions, other instruments and sureties shall be in a form acceptable to the Township At the time of application for Tentative Approval andlor Final Approval of a PRD or a phase or section thereof, a fee established by the Board of Supervisors for review shall be payable to the Township. n addition, all applicable building permit fees adopted by the Township from time to time shall apply and be paid. The developer shall also place into escrow sufficient funds as determined at the time of Final Approval Application, to provide for necessary Township contracted services including, but not limited to, engineering, legal costs, advertising and stenographic services.

60 Section ARTCLE X SUPPLEMENTAL REGULATONS GENERAL USE PROVSONS AND EXCEPTONS Except where otherwise provided herein, after the effective date of this Ordinance, every use of land and every structure shall be on a zoning lot as herein defined, and not more than one () principal structure accommodating a principal use shall occupy such zoning lot unless otherwise provided for. All land annexed to the Township after the effective date of this Ordinance shall be classified automatically as "S" Conservancy District. The Planning Commission shall recommend to the Township Supervisors appropriate zoning for the annexed area within six (6) months after the effective date of annexation; and until the Township Supervisors have assigned a zoning classification, the provisions of Article XV, relative to nonconforming uses, shall not apply to such annexed area. Any use involving as a principal part of the conduct of business the use or servicing of motor vehicles, including, but not limited to, an automobile service station or sales area, community or major garage or parking area, distribution plant, drive-in facility of any kind, distribution and warehouse facility, or trucking terminal, shall be so located that no vehicular entrance or exit shall be closer than two hundred (200) feet to an entrance or exit access point of any elementary or secondary or vocational school, playground, church, or public library located on the same street or way. Similarly, no entrance or exit to any elementary or secondary or vocational school, playground, church, or public library shall be located closer than two hundred (200) feet to a vehicular entrance or exit of such use as herein described. A permit shall not be required for construction, repair or alteration of minor accessory structures incidental to farming, such as fences, sheds, corrals, pens and coops, but not including barns or silos. A permit shall not be required for construction, repair or alteration of any accessory structure less than one hundred and one (0) square feet in area. n connection with farming there may be constructed, one () permanent roadside stand for sale of produce grown on the property, provided: A. The gross floor area shall not exceed two hundred (200) square feet. - 55

61 B. C. The structure shall be located at least one hundred (00) feet from any property in an "S" or " R district. Off-street parking space shall be supplied at the ratio of one () stall for every one hundred (00) square feet of gross floor area...7 Residents may stable. keep and maintain horses and ponies or any combination of horses and ponies on a contiguous area of their land provided the following ratio of animals to land area is maintained: Minimum land Area in Acres three (3) four (4) six (6) eight (8) ten ( 0) Maximum Number of Animals two (2) three (3) four (4) five (5) six (6) These ratios are not applicable to owners or operators of farms as defined by this ordinance (See Section 2.). Section Section.3 GENERAL HEGHT PROVSONS The permitted heights of structures shall be measured from the basic grade as herein defined. On a corner lot the basic grade shall be the mean of the basic grades of both frontages. On a through lot. the basic grades of each frontage shall control the permitted height of the structure. A structure conforming as to use, but not complying with the height regulations of the district in which it is located, may be restored if damaged by fire, flood, wind, or other calamity or Act of God, in the same location, not exceeding the same height, and for the same use. as it was before the occurrence, provided that a restoration shall be begun within two (2) years. A structure conforming as to use, but not complying with the height (or area) regulations, may be enlarged, provided the enlarged portion thereof complies with all the regulations of this Ordinance, and does exceed fifty percent (50%) of the original area of the structure. GENERAL AREA PROVSONS.3. Any portion of a lot once used as a yard, or as lot area in compliance with the area requirements of the district regulations of this Ordinance, shall not be counted again as a required yard or lot area for another structure..3.2 A buttress, cornice, pier, pilaster, bay window or chimney, may project into a required yard no more than thirty-six (36) inches, from the wall of the building. - 56

62 Section A screening wall or fence, no more than six and one-half (6 /2) feet in height, may be erected in any required side or rear yard or within the buildable area. A fence not exceeding ten (O) feet in height may be built in any required yard for schools, playgrounds, or parks; or in any required side or rear yard in commercial or industrial districts. Public service lines for the transmission, distribution, and control of water, stormwater, potable sanitary sewerage, electricity, natural gas, oil, telegraph, cable T.V. and telephone communications, or railroad tracks, and supporting members other than buildings, shall not be required to be located on an individual zoning lot for their use. Landscape features, such as trees, shrubs or flowers, soil cultivation, plants, and plantings, shall be permitted in any required yard. n the case of such features within utility or authority easements or rights-of-way, the utility or authority shall be contacted prior to planting. A structure conforming as to use, whether on a nonconforming lot, may be enlarged by a maximum of thirty percent (30%). provided the enlarged portion thereof complies with all the regulations of this Ordinance. A structure conforming as to use, whether on a nonconforming lot may be restored if damaged, destroyed by fire, flood, wind, or other calamity or Act of God, in the same location and for the same use as it was before the occurrence, provided restoration is begun within two (2) years. NDVDUAL MOBLE HOMES ON THER OWN LOTS Such mobile homes shall meet all requirements of this Ordinance for one-family homes. Skirting which extends from the exterior floor of the mobile home to the finished grade of the mobile home lot shall be installed not more than thirty (30) days following the securing of the mobile home to its foundation. Mobile homes shall be placed on their foundation not more than thirty (30) days after arrival on the property. Mobile homes shall be securely held to their foundations by tie-downs at least at each corner of the home, and each capable of resisting a force of not less than 4,800 foot pounds of pressure. No mobile home shall be occupied until the Zoning Officer has verified that it has been connected to a sewage disposal and water supply system. No mobile home lacking toilet and washing facilities or cooking and food storage facilities or any of these shall be permitted, nor shall any - 57

63 .4.7 Section.5.5. S self-propelled vehicles used as living accommodations or travel trailers designed for temporary occupancy be permitted for residential purposes for a period extending fourteen (4) days. t shall be unlawful for a mobile home to be removed from Penn Township until all taxes owed on the property or by the residents of the mobile home have been paid in full, as verified by the Township tax collector. ACCESSORY RESDENTAL USES Private Swimming Pool - Every private swimming pool shall be enclosed by a fence constituting a barrier to small children, four (4) feet in height and with a self-latching gate in said fence which shall be locked when the pool is not in use by or under the supervision of the owner or other designated responsible person of the premises upon which it is installed. Private swimming pools of the above ground type which have vertical walls of at least four (4) feet from ground level and removable steps shall not be required to be fenced. Satellite Dishes - Satellite dishes shall be permitted as an accessory structure, and may be mounted onto any permitted residential structure, but shall not exceed a height of fifteen (5) feet above basic grade when ground mounted. No building or zoning permit shall be required. Familv Dav Care - Family day care, as defined in Article, of up to seven (7) children is a permitted accessory use to a single family dwelling. Home Occupations: A. Home occupation, carried on entirely within the dwelling structure by the residents thereof as a secondary use, in connection with which there is no person not a resident in the dwelling employed, there is no display or sign other than a name plate, there is no mechanical equipment other than normal domestic or household equipment, there is no selling of packaged products at retail except as an incidental part of the. operation, there are no exterior changes to the structure, and no more than twenty-five percent (25%) of the gross floor area of the principal use or structure. B. The following home occupations shall be permitted if the requirements of paragraph A above are met: home oftice of a doctor of medicine or minister of religion in the home of the practitioner, provided no colleagues or associates use such oftice and no sign is used other than a name plate; one-chair barber shop, one-chair beauty shop; oftice of life insurance agent, real estate agent, public accountant, architect, engineer, surveyor, operator of a television repair shop, radio repair shop or similar assembling or repairing of small items when the work is not objectionable because of noise, dirt, - 58

64 Section glare or odor to neighboring properties, provided the owner of the dwelling or one member of his immediate family shall be the sole operator, no assistants, employees or associates shall be employed, and no signs or advertising shall be displayed outside the dwelling, other than a nameplate as permitted in Article W. NONRESDENTAL STE PLAN REVEW (LAND DEVELOPMENT) No ZoninglBuilding Permit or Occupancy Permit shall be issued for any use upon any lot except a one-family home until a Site Plan (land development) has been submitted, reviewed, and approved in accordance with the provisions of Article V of the Penn Township Subdivision and Land Development Ordinance, provided however that existing structures where the occupancy is being changed, without any change in use category, new construction, or addition to structures, totaling less than 20 square feet, and without change in the site, are exempt from this requirement. The Board of Supervisors shall not approve a nonresidential Site Plan (land development) unless the following standards are met: A. Screening - A planted visual barrier or landscape screen shall be provided and maintained on any property in a commercial or industrial district which it is contiguous to any residential district, except where a street or alley or other physical barrier exists which is deemed by the Planning Commission to provide an adequate buffer. B. Storage - Any article or material stored temporarily outside an enclosed building as an incidental part of the primary commercial or industrial operation shall be so screened by opaque ornamental fencing, walls, or evergreen planting, that it cannot be seen from adjoining public streets or adjacent lots when viewed by a person standing on ground level. C. Landscaping - Any part or portion of the site which is not used for buildings, other structures, loading or parking spaces and aisles, sidewalks, and designated storage areas, shall be planted with an all-season ground cover or covered with stone or gravel and shall be landscaped with trees and shrubs - in accordance with an overall landscape plan. D. nterior Circulation - The interior circulation of traffic in commercial areas shall,be designed so that no driveway or access lane providing parking spaces shall be used as a through-street. E. Access - Areas provided for loading and unloading of delivery trucks and other vehicles, and for the servicing of shops by refuse collection, fuel, and other service vehicles, shall be adequate in size and shall be so arranged that they may be used without blockage, or - 59

65 Section.7 interference with the use of public streets or sidewalks, other accessways, or automobile parking facilities. F. Traffic Control - No proposed street or roadway configuration shall be approved which is likely to create substantial traffic hazards endangering the public safety, nor which is inconsistent with the recommendations and findings of any officially adopted Township traffic study. Traffic control devices may include traffic signals, overhead flashing lights and delineators, such as medial barriers, and not be limited to acceleration and deceleration lanes, turning lanes, one-way traffic flow, traffic and land markings and signs. The plan for traffic control shall include a traffic impact analysis. Said analysis shall document expected impacts on adjacent intersection. The developer shall be responsible for the construction of any such traffic control device. G. Traffic Studv Required: Where the total square footage exceed fifty thousand (50,000) square feet or where more than one use is proposed, a traffic impact analysis shall be submitted for review. Said analysis shall identify anticipated volumes of trucks and vehicular traffic and projected transportation deficiencies at intersections within one half (S) miles from the proposed site. Where a change of use is proposed which would result in increased use, a traffic impact analysis shall accompany the application for site plan approval form. A traffic impact analysis shall be submitted prior to approval which demonstrates the following: () (2) The number of vehicle trips expected to be generated. The type and number of vehicles used to deliver material to the site during construction. The routes (roadways) used to reach the facility. (3) PERFORMANCE STANDARDS All uses provided for in this Ordinance, shall comply with the requirements of this section. n order to determine whether a proposed use will conform to the requirements of this Ordinance, the Board of Supervisors may obtain a qualified consultant to testify, whose cost for services shall be borne by the applicant Fire Protection - Fire prevention and fire fighting equipment acceptable to the Township Volunteer Fire Company shall be readily available when any activity involving the handling or storage of flammable or explosive materials is carried on. Electrical Disturbances - No activity shall cause electrical disturbance adversely affecting radio or other equipment in the vicinity. - 60

66 Section.8 Noise - Noise which is determined to be objectionable because of volume, frequency, or beat shall be muffled or otherwise controlled. Fire sirens and related apparatus used solely for public purposes shall be exempt from this requirement. Vibrations - Vibrations detectable without instruments on neighboring property in any district shall be prohibited. Odors - No malodorous gas or matter shall be permitted which is discernible on any adjoining lot or property. Air Pollution - No pollution of air by fly ash, dust, smoke, vapors, or other substance shall be permitted which is harmful to health, animals, vegetation, or other property. Glare - Defined as the effect produced by brightness sufficient to cause discomfort or a loss in visual performance and visibility: A. Lighting devices which produce direct or reflected glare on adjoining properties or thoroughfares shall not be permitted. No light in excess of one () footcandle shall be emitted on adjoining property for a distance of more than five feet (5') from the property line of the property on which the source of the light is located. B. All lighting devices located within one hundred feet (00') of any property line adjoining a residential use or zoning classification shall be designed with shields, reflectors or refractor panels which direct and cut off the light at a cutoff angle that is less than ninety degrees (90). "Cutoff angle" is defined as the angle formed by a line drawn from the direction of the light rays at the light source and a line perpendicular to the ground from the light source above which no light is emitted. Erosion - No erosion by wind or water shall be permitted which will carry objectionable substances onto neighboring properties. Water Pollution - No water pollution as defined by the standards established by the State and Federal governments shall be permitted. ENVRONMENTAL PROTECTON REQUREMENTS The following provisions shall apply to all uses of land in all districts unless otherwise noted. Certain activities, such as highway construction and the like, may be excepted from the following requirements provided such activities are closely controlled by other governmental environment protection agencies, and that Municipal reviewing agencies are satisfied that the spirit and intent of the Zoning Ordinance is being met through the review process, bonding requirements, and administrative activities of the appropriate environmental protection agencies. - 6

67 Section.9 Any person, partnership, or corporation proposing to dump wastes or hazardous materials on any land within Penn Township must first obtain certificates from the United States Environmental Protection Agency and appropriate Pennsylvania and Butler County agencies to certify that such wastes and materials are not hazardous to the health, safety, and general welfare of the residents of Penn Township and the surrounding region. Reasonable safeguards shall be established for all uses in every zone to prevent possible detriment to neighboring properties through emission of smoke, fumes, odor, dust, noise, vibration, or glaring light. ENVRONMENTAL PERFORMANCE STANDARDS The developer shall determine the presence of environmental or natural features on any site proposed for land development and shall meet the following standards for environmental protection. Site alterations, erosion and sedimentation control, regrading, filling, the clearing of vegetation or timbering and forestry activities prior to approval of the plans for development shall be a violation of this Article Floodway Delineation: One hundred (00) year floodways shall be delineated as per the provisions of the current Township ordinance. Within the floodway, the following uses and activities having a low flood damage potential and not obstructing flood flows shall be permitted, provided that they are in compliance with the provisions of the underlying District and are not prohibited by any other Ordinance, and do not require structures, fill or storage of materials and equipment: A. Agricultural uses; B. Public and private recreational uses and activities such as parks, picnic grounds, hiking and horseback riding trails, wildlife and nature preserves, hunting and fishing; C. Accessory residential uses such as yard areas, gardens and play areas. Floodplains: A normally dry land area adjacent to stream channels that is susceptible to being inundated by overbank stream flows. Development activities shall be regulated as per the provisions of the current Township ordinance. Steep Slopes: n areas of steep slopes, Le., those above fifteen percent (5%), the following standards shall apply: A %: No more than sixty percent (60%) of such areas shall be developed andlor regraded or stripped of vegetation. 25% or more: Earth disturbance activities in these areas in preparation for development are restricted except as approved by the Township Engineer. - 62

68 Forest: No more than fifty percent (50%) of any forest as defined may be cleared or developed on land proposed for planned residential development. Ponds, Watercourses or Wetlands: No development, filling, piping or diverting shall be permitted except for required roads and utility line extensions, unless permitted by the appropriate state, county or regulatory agency. Stormwater Drainage and Management: All plans shall comply with the provisions of this Ordinance and the Penn Township Subdivision and Land Development Ordinance, and all amendments thereto. Soil Erosion and Sedimentation: With any earth disturbance there shall be control of erosion and the protection of streams and ponds from sedimentation in accordance with the "Clean Streams Law P.L. 987". Chapter 02 of Title 25 of the Pennsylvania Code, and the "Soil Erosion and Sedimentation Control Manual" of the Pennsylvania Department of Environmental Protection. n addition, a Soil Erosion and Sediment Control Plan (ES& SC Plan) shall be required as part of the application for any Township permit where earth disturbance or excavation will occur. As a minimum where sediment can be transported away from the disturbed area, a silt fence or straw bale barrier shall be erected and maintained in working order until vegetation is fully established or erosion resistant ground cover has been installed. Additional sediment pollution control measures may be required where land development is more extensive than single family construction. Section.0 BUFFERYARDS Bufferyards (C-, C-2 and M Districts) - Where land in the C- (Neighborhood Commercial District), C-2 (Highway Commercial) and M Planned Light ndustrial District abuts residentially zoned properties, a permanent buffer of fifteen feet (5') minimum width shall be provided which separates the uses in the C- (Neighborhood Commercial District), C-2 (Highway Commercial) and M Planned Light ndustrial District for the abutting residentially zoned properties. No structures, paving or lighting standards shall be permitted within the designated buffer areas. Maintenance of all buffer areas shall be the responsibility of the property owner, and existing vegetation may be used to provide the screening characteristics of said buffer area. Bufferyards, as required, shall be provided by the developer or applicantlowner of the subject parcel during the initial phase of construction where a project is developed in phases, and maintained throughout the development period until occupancy occurs. - 63

69 A. The bufferyard shall be measured from the zoning district boundary line or from the near street line where a street serves as the district boundary line. 6. The bufferyard may be coterminous with required front. side or rear yards and in case of conflict, the larger yard requirements shall apply. C. n all bufferyards, a fifteen foot (5') width shall be maintained and kept clean of all debris, rubbish, weeds and tall grass. -Bufferyard widths may be averaged with the most narrow portion of the yard being seventy percent (70%) of the minimum established width or ten point five feet (0.5') where physical constraints prevent the provision of the standard width. D. No structure, manufacturing activity or storage of materials shall be permitted in the bufferyard. E. All bufferyards, except PRDs and except as provided for in this Section hereunder, shall include a dense screen planting of trees, shrubs or other plant materials, or both, to the full length of the lot line to serve as a barrier to visibility, airborne particles and glare. Such screen planting shall be in accordance with the following requirements: () Plant materials used in the screen planting shall be a minimum of fifty percent (50%) evergreen and of such other species and initial heights as will produce a dense visual screen at least eight feet (8') high within five (5) years. (2) The screen planting shall be maintained permanently and any plant material which does not live shall be replaced within one () year. (3) The screen planting shall be so placed that at maturity it will not overhang any street or property line. (4) A clear sight triangle, as defined, shall be maintained at all street intersections and at all points where private accessways intersect public streets. (5) The screen planting shall be broken only at points of vehicular or pedestrian access. Section. BUTLER COUNTY ARPORT ZONNG DSTRCT OVERLAY - REGULATONS AND RESTRCTONS.. PURPOSE: The purpose of the Airport Zoning Districts AZD- through AZDS, is to regulate and restrict the height of structures: within the applicable areas of Penn Township in order to prevent hazards relative to aviation traffic to and from the Butler County Airport in accordance with and as required by the Aviation Code, being Act No. 64 of 984, as same now exists or may hereafter be amended. Such regulation and restrictions - 64

70 ..2 are necessary to prevent obstruction to aviation traffic which has a potential for endangering the lives and property of users of the Butler County Airport, the property and lives of the occupants of land in the vicinity of said Butler County Airport, including but not limited to the portions of Penn Township included in the Butler County Zoning Districts Overlay, and to otherwise interfere with the proper and safe use of person and property, the intent and directive of this Article is restrictive, and not permissive. ARPORT ZONNG DSTRCT OVERLAYS DEFNED: A. Primary Surface Zone (AZD-)- A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends two hundred feet (200') beyond each end of the runway. The width of the primary surface is set forth, for each runway, in the following definitions. B. Runway Larger Than Utility With A Visibility Minimum As Low As 34 Mile Nonprecision nstrument Approach Zone (AZD-2) - The inner edge of this approach zone coincides with the width or the primary surface and is one thousand feet (,000') wide. The approach zone expands outward uniformly to a width of four thousand feet (4.000') at a horizontal distance of ten thousand feet (0,000') from the primary surface. ts centerline is the continuation of the centerline of the runway. C. Precision nstrument Runway Approach Zone (AZD-3) - The inner edge of this approach zone coincides with the width of the primary surface and is one thousand feet (,000') wide. The approach zone expands outward uniformly to a width of sixteen thousand feet (6,000') at a horizontal distance of fifty thousand feet (50,000') from the primary surface. ts centerline is the continuation of the centerline of the runway. D. Transitional Zones (AZD4) - The transitional zones are the areas beneath the transitional surfaces. E. Horizontal Zone (AZD-5) - The horizontal zone is established by swinging arcs of ten thousand feet (0,000') radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones. F. Conical Zone (AZD-6) - The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a horizontal distance of four thousand feet (4,000'). Established here by swinging arcs of fourteen thousand feet (4,000') from the center of each end of the primary surface of each runway. - 65

71 ..3 RESTRCTVE BUTLER COUNTY ARPORT ZONE HEGHT LMTATONS: Except as otherwise may be provided in this Article, no structure shall be erected, altered, or maintained, on land in the AZD- through AZD-6 Airport Zoning District Overlays to a height in excess of the applicable height limit herein established for each such Butler County Airport Zoning District. Such applicable height limitations are hereby established for each of said Butler County Airport Overlay Districts as follows: A. Runwav Larqer Than Utilitv With A Visibilitv Minimum As Low As 34 Mile NonDrecision nstrument ADDroach Zone: Slopes thirty-four feet (34') outward for each foot upward beginning at the end of and at the same elevations as the primary surface and extending to a horizontal distance of ten thousand feet (0,000') along the extended runway centerline. B. Precision nstrument Runwav ADD roach Zone: Slopes fifty feet (50') outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of ten thousand feet (0,000') along the extended runway centerline; thence slopes upward forty feet (40') horizontally for each foot vertically to an additional horizontal distance of forty thousand feet (40.000') along the extended runway centerline. C. Transitional Zones: Slope seven feet (7') outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface, elevation which is one thousand two hundred and forty-eight feet (,248) above mean sea level. n addition to the foregoing, there are established height limits sloping seven feet (7') outward for each foot upward beginning at the sides of and at the same elevation as the approach surface, and extending to where they intersect the conical surface. Where the precision instrument runway approach zone projects beyond the conical zone, there are established height limits sloping seven feet (7') outward for each foot upward beginning at the sides of and at the same elevation as the approach surface, and extending a horizontal distance of five thousand feet (5,000') measured at ninety degree (90') angles to the extended runway - centerline. D. Horizontal Zone: Established at one hundred and fifty feet (50') above the airport elevation or at a height of one thousand three E. hundred and ninety-eight feet (,398) above mean sea level. Conical Zone: Slopes twenty feet (20') outward for each foot upward beginning at the periphery of the horizontal zone and at one hundred and fifty feet (50') above the airport elevation and extending to a height of three hundred and fifty feet (350') above the airport - 66

72 elevation. Here: one thousand five hundred and ninety-eight feet (,598)...4 REGULATON OF ARPORT ZONNG OVERLAYS: A. Any new development, Substantial improvement, construction, andlor any other uses or activities undertaken or allowed of any Airport Zoning District Overlay, shall be undertaken in strict compliance with the provisions of this Article and all other applicable laws, codes, ordinance or regulations. n the event there is a conflict between the provisions of this Article and any other provisions of this Zoning Ordinance, the more restrictive provisions shall apply. B. No development or substantial improvement, construction, and/or any other uses or activities that involve a height therefor in excess of seventy-five (75) feet, shall be commenced or undertaken within an Airport Zoning District Overlay until an Airport Zoning District Overlay Permit is issued therefor by the Zoning Officer. Such Airport Zoning District Overlay Permit shall be in addition to other required permits including those permits required by Article XX of this Ordinance, or any other ordinance of the Township of Penn. C. Notwithstanding any other provisions of this Section, no use may be made of land or water within any zone established by this Section in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or interfere with the lands, takeoff, or maneuvering of aircraft intending to use the airport...5 APPLCATON FOR AN ARPORT ZONNG DSTRCT OVERLAY PERMT: An application for an Airport Zoning District Overlay Permit shall be submitted to the Zoning Officer of Penn Township, in duplicate, together with a fee in accordance with a Fee Schedule adopted and set by Resolution of the Township Board of Supervisors from time to time. Such application for an Airport Zoning District Overlay Permit shall include and provide all necessary information in sufficient detail on a form provided by the Township to determine that the proposed development, substantial improvement, construction, and/or other use or activity are consistent with the requirements of this Article, and all other applicable, regulations and/or ordinances of the Commonwealth of Pennsylvania and/or the Township of Penn. Such application for an Airport Zoning District Overlay Permit. in addition to the foregoing requirements of including pertinent data and information, shall include and contain the following information: A. Name and address of the applicant. - 67

73 B. Name and address of the owner of the land. C. Brief description of the proposed development, substantial improvement, construction, planting of items of natural growth, including trees, and/or use or activity proposed and estimated cost thereof. D. A location plan map that clearly identifies the entire project site in relation to the municipal boundaries of Penn Township and the applicable Airport Zoning District Overlay or Districts within which such project site exists. E. A detailed set of plans of the entire project site, clearly and legibly drawn at a scale of one () inch being equal to one hundred (00) feet or less and may be necessary to display the details hereinafter required, which set of plans shall show and include the following: North arrow, scale and date of preparation. Clearly identify the Airport Zoning District Overlay or Districts portion of the project site. Topographic contour lines of the entire site at intervals of not less than twenty (20) feet in elevation. The location of all existing structures, streets, drives, objects of natural growth, and/or other improvements on the project site, together with such necessary data marked thereon, or indicated by proper reference to table or other compilation of data, of the highest point thereof in relation to the elevation of the Butler County Airport and to and above mean sea level. The proposed location of any new structures, streets, drives or other access ways, development, substantial improvements, items of natural growth or trees to be planted, andlor other use or activity proposed on the project site, together with such necessary dam marked thereon or indicated by proper reference to table or other compilation of data, of the highest point thereof in relation to the elevation of the Butler County Airport and to and above mean sea level. F. An application for an Airport Zoning District Overlay Permit shall be reviewed and approved or denied by the Zoning Officer within ninety (90) days after the occurrence of the first general public meeting of the Township Board of Supervisors after receipt of the application and required fee by the Township of Penn. Unless such ninety (90) day period is extended by written consent of the applicant, failure of the Zoning Officer to act upon the application within said time limit, shall be construed as an approval of the application. () Upon the Zoning Officer's determination that approval of the application for an Airport Zoning District Overlay Permit shall be granted, or in the event approval is deemed to have - 68

74 occurred by passage of the aforesaid ninety (90) day period, written notice of the approval of the application for an Airport Zoning District Overlay Permit shall be given unto the Pennsylvania Department of Transportation by certified mail. An Airport Zoning District Overlay Permit shall become issued or be effective ten (O) business days following receipt of approval by the Pennsylvania Department of Transportation. This requirement is herein pursuant to Section 599, Notice to Department, of the Aviation Code, Act No. 64 of 984, as same now exists or as may hereafter be amended. G. Any applicant aggrieved by the decision of the Zoning Officer, or denial of an application for an Airport Zoning Overlay District Permit by the Zoning Officer, may appeal such decision of the Zoning Officer within thirty (30) days to the Zoning Hearing Board, per Article XVll of this Ordinance. The Zoning Hearing Board of the Township of Penn as created under Article XVll of this Ordinance is hereby also designated as the "Board of Adjustment" within the meaning and requirements of the Aviation Code, Act No. 64 of 984, andlor any subsequent amendments thereto. 69

75 Section 2. GRADNG ARTCLE X STE DEVELOPMENT All grading activities shall comply with the provisions of the Penn Township Subdivision and Land Development Ordinance and all current application local, county, and Commonwealth regulations. Section 2.2 STORM DRANAGE 2.2. Stormwater shall not be permitted to collect upon any property, nor to flow from one property to another without benefit of an easement for such purpose if outside an established drainage swale or stream, nor from any property over a public street The stormwater drainage plan of a subdivision, planned residential development, development plan or mobile home park shall be designed to assure that after development, stormwater does not leave the property at a greater velocity or volume than prior to development Any proposal for the development of a property shall indicate the means of collection and disposal of stormwater and the Township Engineer shall not approve any proposal until he is satisfied adequate drainage is provided, including easements, if needed Specific activities and design standards for stormwater management facilities shall be in compliance with Township Ordinance No Stormwater Management. Section 2.3 EXCAVATON Permitted as a conditional use in the R-E Residential District provided the Zoning Officer issues a permit with the assurance from the operators of the excavation project that the following conditions have been met and the following procedures established: 2.3. The operator shall submit a scaled drawing prepared by a Registered Professional Engineer to the Zoning Officer indicating: A. The property on which the excavating will occur, including abutting roads, property lines and boundary on the property within which the excavating will occur. B. Contours at five (5) foot intervals, indicating existing contours and proposed contours at conclusion of excavation. 70

76 C. Solution to drainage from the site. showing means of carrying ground water to a natural drainageway or to a stormwater system. D. The registration seal of the engineer preparing the drawing. The operator shall comply with all regulations of this Ordinance relative to the grading and drainage upon completion of the project. The excavation or land fill project shall be operated as follows: A. Access to the site shall be controlled through one () point. B. The operator shall post the property, noting that a dangerous condition exists and warning trespassers away. C. The operator, prime contractor acting as principal, shall be liable for the action of any agents participating in the operation and shall take care that any trucks leaving the property are not overloaded and that spilled material is removed from adjacent public roads not less frequently than once every twenty-four (24) hours while the excavation is in progress. D. Water accumulation on the site shall be removed to a drainageway and any contaminated water shall be treated before being allowed to enter the drainageway. E. When the operation ceases for a period of at least ninety (90) days or moves from one area of the site to another, slope areas remaining shall be left in accordance with the requirements for grading set forth in Section 2. above. F. The operator shall apply annually, upon the date of issuance of the original permit, for a renewal of the permit. A total of four (4) renewals shall be permitted for any single project and all excavating work shall be completed within five (5) years from the date of issuance of original permit. G. The Township Board of Supervisors shall have the right to close the excavating operation at any time or to deny the right to renewal of the permit, if in its opinion the operation is being carried on without respect for these controls Review and Approval A. The Township Engineer shall review the drawing submitted in support of the permit for compliance. B. The Township Engineer shall assess what damages to adjacent private property or to State or Township roads might occur through improper operation of the excavation and shall determine a value upon such damages which will be equal to the amount of a bond to be posted by the excavator in favor of the Township. 7

77 C. The amount of the bond less any sums needed to correct damages caused as a result of the excavating operation shall be refunded to the excavator after the conclusion of the operation. or after five (5) years, whichever is sooner. D. The necessary permits. if any, required by the Commonwealth of Pennsylvania shall have been issued to the operator prior to review and approval by the Township Engineer. 72

78 Section 3. ARTCLE Xlll CONDTONAL USES REQUREMENTS FOR CONDTONAL USES The following requirements must be met for the granting of a conditional use: The conditional use must be found to be beneficial to the public at the proposed location. The conditional use is more suitable at the proposed location than on other properties in the same zoning district because of the size, shape, topography, surroundings and physical condition of the proposed location. The conditional use shall not involve any element or cause any condition that may be dangerous, injurious or noxious to any other properly or persons and shall comply with the performance standards of Article X. The conditional use shall be sited, oriented and landscaped to produce a harmonious relationship of buildings and grounds to adjacent buildings and properties. The conditional use shall be referred to and a report received from the Planning Commission. The report shall include a statement that the proposed use is not in conflict with the Comprehensive Development Plan of the Township, together with any recommendations. The conditional use must be approved by the Board of Supervisors following a public hearing with appropriate public notice. The conditional use must also meet any supplemental regulations or conditions, where they are set forth, for a particular conditional use. Traffic: n a residential district, for approval of a conditional use, the use must abut a regional street or a collector street, except where the applicant agrees to pave and widen existing roads as required by the Planning Commission. n commercial and manufacturing districts, all uses shall abut regional streets or collector streets. The conditional use shall provide for adequate vehicular access and parking to minimize traffic congestion in the neighborhood. The conditional use shall be substantially completed and occupied within two (2) years of the issuance of a zoninghuilding permit. Group homes in "C-2" District shall be permitted, provided: - 73

79 A. The group homes shall be at least five hundred (500) feet apart from each other, shall not be located on lots of less than two (2) acres in area, nor on lots having less than four hundred (400) square feet for every sleeping room or for every two (2) beds, whichever is greater. B. Such uses shall have side yards of not less than ten (0) feet, and shall not be approved unless plans prepared by an architect or engineer are submitted which clearly indicate that adequate light, ventilation, and fireproofing are provided, and that the dwelling facility and its accommodations shall be functional and convenient with regard to the specific needs of the group to be housed in the facility. C. Group homes shall be approved only after the Board of Supervisors has found that plans and programs for management of the group residence or facility are adequate and appropriate to the population to be housed that all required licenses for operation have been issued by the appropriate review agency, and that adequate provisions have been made to assure the safety and welfare of the residents of the facility and of the adjacent neighborhood. Drive-in theater: A Drive-in theater may be built in the "C-2 zoning district providing: A. Automobile storage facilities shall be provided between the ticket gates and highway at the rate of thirty-five (35%) percent of the theater capacity; no other automobile parking facilities under the provisions of Article XV shall be required. B. There shall be no structure other than an enclosure fence within fifty (50) feet of any site boundary line, and the theater screen shall be located not less than one hundred (00) feet from any national or state highway, not facing such highway unless the face of the screen is not visible because of natural or artificial barriers. C. The height of the theater screen may be, but shall not exceed, a height of one hundred (00) feet. D. There must be individual car sound speakers, but low-volume horns may supply sound to refreshment stands and other service areas. E. There may be accessory uses and structures incidental to the theater operation (including refreshment stands and toilet facilities) provided they serve only the patrons within the theater enclosure. Educational, religious or philanthropic institution, in " R districts, provided: A. The height requirements of the district wherein the use is located may be exceeded if every portion of the building above the height limit is at least as many feet distant from lot lines as that portion of the building is in height. - 74

80 B. The minimum distance between main buildings on the zoning lot shall be as follows: () Front-to-front, or front-to-rear, or rear-to-rear two (2) times the height of the buildings, or if they be of different heights two (2) times the height of the taller building, but not less than eighty (80) feet. (2) End-to-end, or rear-toend, one and one half ( /2) times the height of the buildings, of if they be of different height, one and one half ( 2) times the height of the taller building, but not less than fifty (50) feet. (3) Front-to-end, or rear-toend, one and one half ( /2) times the height of the buildings, or if they be of different heights, one and one half ( 2) times the height of the taller building, but not less than fifty (50) feet. C. f housing in connection therewith is provided, including dormitory facilities for students and teachers, the lot area in relation to the number of sleeping rooms or persons to be housed is such as to provide a unit density commensurate with that permitted in the zoning district where the institution is located, considering each sleeping room as a dwelling unit and the entire property owned by the institution in determining the density. D. The location of automobile parking facilities on the site shall be such. as to provide maximum protection and facilitate traffic movement on abutting streets. E. Minimum front and rear yards shall be ten (0) feet greater in depth, and minimum side yards shall be ten (O) feet greater in width, than the minimum required for any main structure in the district in which such use is located Government use or structure (federal, state or local), in any district provided: A. When in any "S district, it is demonstrated that the use cannot reasonably serve the community from a location in another district classification and that due consideration is given to the protection of the environment in the vicinity of the development. B. Safeguards are established to provide proper separation from and adequate protection for abutting residential properties. C. Adequate provision for off-street parking is provided, as determined according to the type of use and its planned service area. D. Where possible the time of operation and the intensity of the use shall be regulated so as to be not disturbing to adjacent residential uses..: - 75

81 Hospital, sanitarium, personal care home or nursing home, in any "R district, provided: A. There shall be provided a lot area of not less than one () acre plus five hundred (500) square feet for each bed. B. Rooming facilities for doctors and nurses may be included, provided in addition to the requirement of "B" above, the lot area in relation to the number of sleeping rooms or persons to be housed is in compliance with the minimum lot area required. Private membership club in " R districts, provided: A. The club qualifies as an organization of persons incorporated pursuant to the provisions of the Membership Corporation Law or the Benevolent Orders Law, which is the owner, lessee, or occupant of an establishment operated solely for a recreational, social, patriotic, political, benevolent, education, or athletic purpose, but not for pecuniary gain, or is the applicant for a permit to operate such an establishment. B. That under the constitution or by-law of the club, the privileges of the Club are in fact, or will be, limited to bona fide regularly-enrolled, dues-paying members and guests accompanying them. C. That the club is in fact, or will be conducted as reasonably to safeguard the peace and comfort of the neighbors. D. That the club will not be used in whole or in part for the conduct of any business or enterprise for profit, but this requirement shall not be construed to prevent the utilization or rental of such club or parts thereof for benefits or performances for a recognized charity, nor for the meetings of other organizations, nor for educational and cultural purposes. E. The permit shall issue for a period of no longer than five (5) years, renewable under like conditions at the discretion of the Supervisors. F. No residential accommodations except for a manager and his family shall be permitted. Communications Tower: The following regulations shall apply to all transmission facilities proposed for placement in the "M Planned Light ndustrial District. A. Lot Size: The lot size dimensions (depth and width) shall be dictated by the fall radius of the tower. The minimum dimensions shall be the radius of the height of the tower in each direction. (Example high tower would be required to have a 400 diameter parcel). 76

82 B. The communications company is required to demonstrate, using technological evidence, that the antenna must go where it is proposed, in order to satisfy its function in the company's grid system. C. f the communications company proposes to build a tower (as opposed to mounting the antenna on an existing structure), it is required to demonstrate that it contacted the owners of tall structures within a onequarter (4) mile radius of the site proposed, asked for permission to install the antenna on those structures, and was denied for reasons other than economic ones. This would include smoke stacks, water towers, tall buildings, antenna support structures of other communications companies, other communications towers (fire, police, etc.), and other tall structures. Penn Township may deny the application to construct a new tower if the applicant has not made a good faith effort to mount the antenna on an existing structure. D. The applicant shall demonstrate that the antenna is the minimum height required to function satisfactorily. No antenna that is taller than this minimum height shall be approved. n addition, no antenna shall exceed two hundred feet (200') in height. E. All communications towers must be stealth towers. A stealth tower is a Communications Tower which is not recognizable as a conventional Communications Tower (e.g. a metal lattice structure), but instead is disguised or concealed in such a fashion as to conform to its surroundings. Examples of such stealth towers include a tower which looks like a tree or a clock tower, or one which is concealed in a F. church steeple or concrete silo. The Township Supervisors may waive the stealth tower requirement where the applicant can demonstrate that the requirement is not necessary to protect the health, safety and welfare, considering items such as impact on surrounding and abutting property values; height; screening; number of uses per tower, including public uses; location; and actual setbacks. G. Setbacks from base of antenna support structure: f a new antenna support structure is constructed (as opposed to mounting the antenna on an existing structure), the minimum distance between the base of the support structure or any guy wire anchors and any property line shall be the largest of the following: () One hundred percent (00%) of antenna height. (2) The minimum setback in the underlying zoning district. (3) Fifty feet (SO') minimum. H. Fencing: A fence shall be required around the antenna support structure and other equipment, unless the antenna is mounted on an existing structure. The fence shall be a minimum of eight feet (8') in height. - 77

83 . Landscaping: The following landscaping shall be required to screen as much of the support structure as possible, the fence surrounding the support structure, and any other ground level features (such as a building), and in general soften the appearance of the cell site. Penn Township may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping, if they achieve the same degree of screening as the required landscaping. f the antenna is mounted on an existing structure, and other equipment is housed inside an existing structure, landscaping shall not be required. () An evergreen screen shall be required to surround the site. The screen can be either a hedge (planted three feet [Y] on center maximum) or a row of evergreen trees (planted ten feet [io'] on center maximum). The evergreen screen shall be a minimum height of six feet (6) at planting, and shall grow to a minimum of fifteen feet (5') at maturity. (2) n addition, existing vegetation on and around the site shall be preserved to the greatest extent possible. J. n order to reduce the number of antenna support structures needed in the community in the future, the proposed support structure shall be required to accommodate other users, including other communications companies, and local police, fire, ambulance services and municipal authority and road departments. n addition, a linear two (2) mile separation shall be maintained between communications towers, measured from the base of the support structure. K. The communications company must demonstrate that it is licensed by the Federal Communications Commission. L. Antenna support structure under two hundred feet (200') in height should be painted silver or have a galvanized finish retained, in order to reduce the visual impact. Support structures may be painted green up to the height of nearby trees. Support structures near airports, shall meet all Pennsylvania Department of Transportation, Bureau of Aviation and Federal Aviation Administration regulations. No antenna support structure may be artificially lighted except as provided for and required by the Pennsylvania Department of Transportation, Bureau of Aviation and FAA. M. A land development plan shall be required for all cell sites, showing the antenna, antenna support structure, building, fencing, buffering, access to public rights-of-way, and all other items required in the Penn Township Subdivision and Land Development Ordinance. The site plan shall not be required if the antenna is to be mounted on an existing structure. - 78

84 3..8 N. n granting the use, the Supervisors may attach reasonable conditions warranted to protect the public health, safety and welfare, including, but not limited to, location, fencing, screening, increased setbacks and the right to use said facilities for public purposes. 0. All approvals will be only for specific facilities set forth in the application. No additions or alterations thereto will be permitted without a new application. Essential service buildings, structures, facilities, and installations in any district, provided: A. B. C. D. E. The height requirements of the district wherein the use is located may be exceeded when the necessity has been demonstrated, if every portion of the structure or installation above the height limit is at least as many feet distant from bordering or opposite properties as that portion of the structure or installation is in height. When in an "S" district, the use does not involve company offices. When in an " R district, the use does not involve company offices or storage areas or structures requiring major trucking or traffic movements, and it is demonstrated that the use cannot reasonably serve the district from a location in an "S","C", or " M district. When in the "C-" district, the use does not involve storage areas or structures requiring major traffic movements. Transmission towers shall be sited to create least damage to the environment and no tower shall be placed less than five hundred (500) feet from a residence. Clearance of vegetation within a right-of-way shall not exceed twenty (20) feet at road crossings and shall be no wider than necessary for maintenance along the right-of-way. The Township may require steel pole towers rather than lattice work steel towers. The use of existing utility rights-of-way for new lines shall be investigated and the utility company shall give specific reasons why they cannot be used before the Board of Supervisors may approve a new right-of-way Motel in a "C-2" district only, provided: A. Unit construction (where two or more units) shall have a minimum of two hundred and sixty four (264) square feet for each sleeping unit. Each unit must have toilet and bathing facilities and each unit must be protected by a fire wall and shall have an inside width of no less than twelve (2) feet. B. The parking area shall provide one () stall for each dwelling unit. 79

85 , Shopping Centers in a "C-2" district only, provided: A. B. C. D. E. F. The size of the property to be developed shall be no less than five (5) acres, and shall abut Route 8. The total area of all stores shall be aggregated to determine total required parking. Access to property shall be concentrated at no more than two (2) locations on the highway, such location or locations to provide optimum sight distance. Obstructions along the highway frontage of the property limiting sight distances to less than four hundred (400) feet shall not be permitted. Except for signs attached to the walls of store buildings on the property and as provided in Section 5.3.2, no other signs shall be permitted on a shopping center property. Grading and drainage of the property shall be carried out strictly in conformance with Article X of this Ordinance and the provisions of the Penn Township Stormwater Management Ordinance No Apartments or apartment groups in the "C-2" District provided the following criteria are met: A. Maximum building height: Twenty-five feet (25') but not exceeding two (2) stories except that a structure built into a hillside may be three (3) stories or no more than thirty-five feet (35') in height on the downhill side, height measured from the average grade line of a principal facade to the top of a parapet on a flat roof building or to half-way between eave line and ridge line on a sloped roof building. B. Area: One () acre minimum property size. C. Minimum yard widths: () (2) Front - fifty feet (50') from highway right-of-way; Side - twenty feet (20') where long side of building is at right angles to property line or fifty feet (50') where long side of building parallels property line or street right-of-way: (3) Rear - fifty feet (50'). D. Maximum density: Eight (8) apartment dwelling units per acre over the entire property, prorated over fractions of an acre. E. Connection to utilities: All apartments shall be connected to a sanitary sewage system draining to a disposal plant approved by the Pennsylvania Department of Environmental Protection. All apartments shall be connected to a water supply system approved by PA DEP. F. Parking: Each apartment shall be provided with three (3) parking spaces on the same property, such parking areas and access to them - 80

86 G. H.. J. K. from the highway to be paved with a permanent, all-weather surface sloped not more than six percent (6%) nor less than one-half percent (2%) to assure positive drainage and not cause damage to adjacent properties or highways. Said parking areas shall be designed and constructed in compliance with Township Ordinance # 2, Stormwater Management, and all current regulations for grading activities. Access roads between parking areas and the highway abutting the property as well as access lanes within parking areas shall be at least twenty feet (20') wide. Parking areas shall be separated from residential buildings by a grass strip at least ten feet (0') in width and shall be curbed or provided with stop bars at each stall. A paved walkway shall lead from parking areas to at least one () entrance to each residential buildings. Number of units in a structure: There shall be not more than eight (8) dwelling units in a townhouse structure nor more than sixteen (6) dwelling units in an apartment structure, not more than eight (8) on any floor. Building length: No apartment or townhouse structure may exceed two hundred feet (200') in length. Building grouping: Minimum distance between buildings End walls face each other but contain no apartment windows - twenty feet (20'). End walls face each other and contain apartment windows - thirty-five feet (35'). End wall of one building faces principal wall (front or rear) of neighboring building - forty-five feet (45'). Principal wall (front or rear) of neighboring buildings face each other - sixty feet (SO'). A principal wall shall contain all the windows of at least one () apartment or at least one-half the windows of a townhouse dwelling. Walls of adjacent buildings shall be considered as facing each other if they are parallel or would, if extended towards one another on the same plan to intersect, form an angle of not more than forty-five degrees (45). Building construction: Structures containing apartments shall be of brick or stone construction. shall have masonry fire walls at least six inches (6) thick between units, and shall contain bedrooms not less than one hundred twenty (20) square feet in area. Areas of the property not covered by buildings or paved shall be landscaped with grass at a minimum, except where slopes are in excess of twenty-four percent (24%), in which case such areas may be left in their natural state. - 8

87 L. M. N. 0. P. Q. (6) Go f courses in the "R-E or "R-" district provided: A. B. C. The property containing an apartment building shall contain no other uses except required parking and recreation areas for residents of the building, and offices on the first floor only for use of doctors or ministers of an established church wtio are residents of the same apartment building. Recreation area or areas convenient to the residential buildings and appropriately equipped shall be provided, such areas to be of a usable size, on land sloped no more at any point than ten percent (0%). and in area no less than two hundred (200) square feet per apartment or townhouse dwelling unit but in no case less than a total of two thousand (2,000) square feet. Where several apartment buildings are contemplated they shall be designed as a single unified architectural composition. Parking areas shall be lighted to create a light level throughout the parking area of not less than one () foot candle measured three feet (3') above the pavement but such lighting shall not create glare conditions on adjacent properties or highways. All electric and telephone transmission and service lines within a property to receive apartment or townhouse dwellings shall be placed underground. Above grade transformers or other appurtenances shall be shielded by landscaping. The developer shall submit a scaled drawing to the Township Planning Commission showing the entire contiguous property indicating: () Location of the existing structures and proposed buildings on the site by dimension and distance to property lines as well as height and number of apartments in each; (2) (3) (4) (5) Location of parking showing access and each space; Grading of the site to accommodate construction and drainage plan; Location of sewer and water lines serving the structures in the property; Solution to sanitary sewage disposal and water supply system requirements utilizing either public systems in existence or meeting PA DEP specification; and Means to control stormwater drainage originating on the site. The course contains at least nine (9) holes. The course is not lighted. There is no separate golf driving range or miniature golf as part of the facility. - 82

88 D. The clubhouse and maintenance building are at least three hundred (300) feet from any boundary of the property. E. No overnight or permanent residential accommodations are available on the property except for the dwelling of a caretaker, manager, or owner. F. No alcoholic beverages are available for sale on the premises unless the golf course is owned and operated by a non-profit membership club Commercial kennels in the "R-E and "R-" district, provided: A. Dog runs are completely enclosed with a chain-link fence at least six (6) feet high, or are covered by chain-link fencing; B. Dogs are maintained Overnight within a completely enclosed structure. C. Kennel buildings and runs are at least one hundred (00) feet from any property line. D. The premises are maintained in a sanitary manner at all times. Airport in the "C-2" and "R-E district only provided: A. The facility may be a new airport or the extension of an existing airport. B. Runways shall be paved. C. There shall be landing and take-off visual assist equipment and radio communication in operation whenever the facility is accepting air traffic. D. The airport shall include enclosed airplane storage and maintenance buildings. Boatbuilding may be undertaken in the "C-2" zoning district under and subject to such conditions as may be imposed by the Planning Commission and the Board of Supervisors and provided the same is in compliance with all requirements of all regulatory agencies having jurisdiction. Mini-storage may be undertaken in the -"C-2" district, provided: A. All storage is within an enclosed structure. B. No hazardous, toxic or flammable materials are stored without approval of the Township and all regulatory agencies having jurisdiction. Adult businesses in the " M District provided: A. Adult businesses shall not be located within one thousand (,000) linear feet of any property which is zoned residential. - a3

89 Section 3.2 B. C. D. Adult businesses shall not be located within one thousand feet (,000') of the property boundary line of the following uses: () Public or private school (existing) (2) Day care center (3) Hospital (4) Group care facility (5) Nursery school (6) Public park or playground (7) Church (place of worship) (8) Establishment licensed to serve or sell alcoholic beverages No adult business shall be located within one thousand (,000) linear feet of any other existing or proposed adult business. Any adult business which exhibits on the premises. film. video cassette or other method of image production which depicts nudity or sexual conduct shall comply with the following: () At least one () employee shall be on duty at all times that any patron is on the premises. (2) Where viewing rooms are located on the premises, an unobstructed view of access to all such rooms shall be available to the employee on duly. (3) No viewing room shall be occupied by more than one () person at any time. (4) No connections or openings to adjoining viewing rooms shall be permitted. (5) A minimum of one () foot candle of illumination measured at floor level, shall be provided in every area where patrons are permitted access. (6) Where live performances are given, separate stage and viewing areas shall be provided with separate access to each and no connecting access between the areas. (7) Alcoholic beverages shall not be sold on the premises of an adult business, unless the operator has been issued a valid, current permit or appropriate license from the Commonwealth. (8) An annual Occupancy Permit issued by the Zoning Officer shall be secured prior to the operation of any adult business. PROCEDURES FOR CONDTONAL USES Applications for conditional use shall be filed with the Zoning Officer and shall be accompanied by an application fee in an amount equal to that set by resolution of the - a4

90 Board of Supervisors, and five (5) copies of a site plan prepared in accordance with the provisions of this Ordinance Review - The Zoning Offcer shall forward copies of the Application to the Planning Commission for review and then to the Board of Supervisors for review and approval. The Planning Commission shall forward its recommendation within forty-five days to the Board of Supervisors unless the applicant agrees in writing to a time extension. Failure to act within the allotted time shall be deemed to be a favorable recommendation. The Board of Supervisors shall hold a public hearing within sixty (60) days of the filing of an application for a conditional use and proposed site plan and shall render their decision within forty-five (45) days of the conclusion of the hearing. The Board of Supervisors may attach such conditions as they deem necessary to the approval of any accompanying site plan. All development, construction, and use or operation shall be in accordance with the approved plan, unless a revised plan is submitted, approved, and recorded. Any development contrary to the approved plan shall constitute a violation of this Ordinance. Additionally, a notice shall be mailed to the owners of all properties within three hundred (300) feet of the site under consideration, using for this purpose the last known name and address of such owners as shown upon records of the existing tax assessing authority. Where all property within the three hundred (300) foot radius is under the same ownership as the site under consideration, the owners of all properties adjoining that owned by the applicant shall be notified in the same manner as herein provided. 85

91 i Section ARTCLE XV PARKNG AND LOADNG REQUREMENTS GENERAL REQUREMENTS FOR PARKNG n any district, at the time of the erection of any structure, or at the time any structure is enlarged or the use of the structure is changed, there shall be provided on the same zoning lot as the structure off-street parking spaces at least in number as required by this Article. Each space shall be at least nine and a half (9 /2) feet wide by one hundred eighty (80) square feet in area. Access lanes connecting parking areas to public streets shall be at least twenty (20) feet in width except that where parking is at a forty-five (45) degree angle to the lane a fifteen (5) foot lane may be used. Where several structures and/or uses share the same property, parking spaces required for each shall be added together to determine total parking requirements for the property. All parking areas serving any nonresidential use, including outdoor vehicle sales areas or any residential building where more than two (2) dwelling units utilize the same parking area shall be surfaced with a cohesive, all weather, dust-free material that shall not disintegrate under continuing use. Parking areas shall be sloped at least one half of one percent (.05) and not more than six (6) percent toward storm inlets draining to an approved storm sewer or drainageway, meeting requirements of Section 2.2 and Ordinance No. 2, Stormwater Management. n no case shall occupied parking spaces block safe sight distanced for traftic leaving the property containing the parking spaces. When a use changes on any property, no occupancy permit shall be issued until parking required for the new use has been guaranteed on the property. n no case shall more than two (2) privately owned construction, hauling, group transportation, or other heavy duty vehicles be stored or parked on residentially zoned lots where access to such lots includes travel over weight restricted roadways. - 86

92 Section Residential: MNMUM OFF-STREET PARKNG REQUREMENTS A. Dwelling unit - Two (2) spaces each unit B. Nursing homes - One () space per six (6) residents plus one () per each staff member on the largest shift. C. Group quarters - Two (2) spaces for each three (3) residents Public and Semi-Public: A. Hospitals - One () space per each six hundred (600) square feet of floor area. B. Church sanctuaries, auditoriums and similar places of enclosed assembly - One () space per each three (3) seats or one () space per each forty (40) square feet of floor area used for assembly purposes, whichever results in the most spaces. C. Medical and dental clinics - One () space per each fifty (50) square feet of floor area. D. Schools - One () per each faculty members and other staff members and one () per each two (2) students in grade twelve (2) or higher Commercial: A. Retail commercial and personal service stores without drive-in facilities - One () space per two hundred (200) square feet of floor area open to the public plus one () space per each employee on the largest shift. B. Drive-in commercial (Banks and restaurants) - One () space per each one hundred and fifty square feet of floor area open to the public, but not less than twenty (20) spaces, plus one () space for each employee on the largest shift. C. Restaurants with seating - One () space for every two (2) people that can be seated simultaneously plus one () space for each employee on the largest shift. D. Offices with customer services - One () space for every two hundred (200) square feet of floor area. E. Office not providing customer services - One () space for every five hundred (500) square feet of floor area. F. Service stations - Three (3) waiting spaces at each side of each pump plus five (5) spaces for customer service plus one () space for each employee. G. Clubs, taverns, etc. - One () space for every two hundred (200) square feet of floor area or one () per each two (2) persons who can - 87

93 4.2.4 Section be seated simultaneously, whichever requires the greater number, plus one () space for each employee. H. Bowling alleys - Five (5) spaces for each alley plus one () space for each employee.. Funeral homes - Eight (8) spaces for each reposing room but not less than twenty-four (24) spaces. J. Automobile, truck, boat sales, etc. - One () space for each four hundred (400) square feet of enclosed space. ndustrial: A. Manufacturing - One () space for each employee on the largest shift or one () space for each five hundred (500) square feet of floor area, whichever is greater. B. Warehouse, storage, distributing, freight terminals, etc. - One () space for each employee on the largest shift or one () space for each one thousand (,000) square feet of floor area, whichever is greater. MNMUM OFF-STREET LOADNG REQUREMENTS Each loading space shall be at least twelve (2) feet in width by sixty-five (65) feet in length. Maneuvering space shall be provided adjacent to the loading area, if necessary, so that vehicles may change direction and leave as well as enter the loading area moving in a forward direction. Streets open to public passage adjacent to a loading area shall not be used for maneuvering or off-street loading. Whenever a use is enlarged or changed, the additional loading space required to serve such enlargement or change shall be in accordance with the requirements of this Section. Loading areas shall be adjacent to the use sewed except that in a group of buildings in the same use on the same property, one building may be designed to receive and dispatch goods, provided the total applicable floor area in all buildings on the property is aggregated in determining the total required loading spaces. Loading areas shall be surfaced with a cohesive all-weather dust-free material that is capable of bearing the weight of vehicles normally using the area. 88

94 4.3.7 Loading and maneuvering areas shall be sloped to assure proper drainage to an established drainageway and may be lighted provided no glare occurs on adjacent properties or public roads Section 4.4 Loading areas shall not be required for buildings of less than twenty-four hundred (2,400) square feet in area. Loading areas shall be required for each twenty thousand (20,000) square feet of gross floor area or fraction thereof, and at least one () loading area shall be required for buildings of more than two thousand four hundred (2,400) square feet. REVEW AND APPROVAL 4.4. Any developer proposing new construction, including expansion of existing structures or uses, requiring parking and/or loading spaces under the requirements of this Section, shall submit to the Zoning Officer concurrent with the application for a permit to construct or expand the building a scaled plan of the property showing the location of each such space, the access lanes, the maneuvering area, access from adjacent public highways, provisions for drainage, and all buildings on the property. A cross-section through the parking and loading area to show construction and materials shall also be provided The Zoning Officer, in addition to satisfying himself that adequate parking and loading in compliance with this Section is provided, shall also determine that safe access from parking and loading areas to the public highways is available and advantage is given to the pedestrian in the parking areas. 89

95 ARTCLE XV SGNS Signs may be erected as accessory uses only when in compliance with the following regulations. Section GENERAL REQUREMENTS All signs shall be constructed of durable materials and maintained in good condition. The Zoning Officer may require the owner of a sign to repair it if in the Officer's opinion it has become dilapidated. f, after sixty (60) days from the date of written notice to repair has been sent, the sign is not repaired, the Zoning Officer may order it removed within a period of sixty (60) additional days. No sign shall exceed the height limitations in the zoning district in which it is located, unless otherwise specified, and no sign shall be permitted to be placed upon the roof of any structure or to project above the cornice or ridge line of any structure, except as provided in this Article. All signs over fifty (50) square feet in area shall be constructed of non-combustible material. No animated signs, no signs illuminated by a flashing, pulsating or intermittent source or no signs lighted in such manner as to create glare conditions on adjacent properties or any adjacent highway shall be permitted. Permits shall be required for all new permanent signs having a gross area of more than eight (8) square feet. No sign shall have more than two (2) sides and areas of signs indicated in this Ordinance shall be the maximum for one side. No sign established before the effective date of this Ordinance shall be structurally altered or moved unless in conformance with the provisions of this Section. - Free-standing and ground mounted signs shall be set back a minimum of ten feet (O') from any abutting right-of-way line. Political sign in excess of eight (8) square feet shall require a temporary collective sign permit with a deposit set by resolution of the Board of Supervisors for the total number of signs. Political signs may be erected twenty (20) days prior to the date of the election and shall be removed - i 90

96 Section5.2 within five (5) days following the date of election. Failure to remove all said signs shall result in the forfeit of the deposit. SGNS N R-E AND R- RESDENTAL AND S CONSERVANCY ZONE DSTRCTS 5.2. Permitted types of signs: A. Home occupations - maximum two (2) square feet. B. dentification of property limited to name and address of occupant, or, in the case of an apartment building or groups, the name of the building or groups and address and telephone number of the management agency. C. Signs advertising agricultural products for sale at a roadside stand. D. Signs identifying public or semi-public institutions, and activities carried on by them. The maximum sign area shall be thirty (30) square feet. E. F. Development signs, giving directions to areas under development and indicating the name, address and telephone number of the developing agency, the name of the development and the number of lots available only, such signs to be removed within thirty (30) days after sale of the last lot in the development. Artisans' signs indicating name, address, telephone number and type of service performed by contractor, to be removed not more than thirty (30) days after structure on which artisan is employed is completed. Size of signs - No sign in any residential district shall exceed the maximum area standards expressed in this Section Location of signs: A. Only one () sign of each type shall be allowed on any property except where a property abuts twu (2) or more public streets, two (2) signs of each type shall be permitted, no more than one () each on each of two (2) frontages. B. Signs may be attached flush to the face of a structure, may be hung from a structure, or be freestanding. The top of a sign may not be more than five (5) feet above the ground. Signs shall not extend into the street right-of-way and shall not obstruct sight distances at points of access to the property. llumination - No sign in a residential zoning district shall be illuminated except signs identifying public or semi-public institutions, provided such lighting is from a hidden source or from within the sign. - i 9

97 5.2.5 Temporary Signs, Residential Districts A. One () temporary sign advertising the sale, rental or development of property is permitted provided it is not illuminated, a minimum of five feet (5') from the road right-of-way, and no larger than twelve (2) square feet. Such signs shall be promptly removed when the sale, lease or development of the property has been completed. No sign permit is required. B. Temporary off-site directional signs intended for the purpose of directing traffic to activities such as the showing of a model home, home for sale, or grand opening shall be permitted provided such signs do not exceed ten (0) square feet; are not located so as to cause an obstruction or distraction to passing motorists. Such signs for multi-year developments shall require an annual permit to be obtained from the Zoning Officer. C. A temporary sign advertising seasonal sale of agricultural products produced on the premises limited to one () sign on any property, to be removed when sales are terminated each season. The size shall not exceed twelve (2) square feet in area. D. A temporary sign identifying designers or contractors employed on the property, such sign not to exceed six (6) square feet in size, limited to one () sign per designer/contractor. Such sign shall be promptly removed upon completion. No sign permit is required. E. No other temporary sign shall be permitted. Section 5.3 SGNS N COMMERCAL C AND NDUSTRAL M ZONE DSTRCTS 5.3. Permitted types of signs: A. Any sign permitted in the Residential Zoning Districts. 8. Signs identifying businesses or industry on the same property as the business or industry advertised. C. Signs applied directly to show windows shall not be included in computing sign areas and shall be limited only by the window dimensions. D. Outdoor advertising signs shall be permitted in the C-2 District only, and upon receipt of all required State and Federal permits and requirements. Outdoor advertising signs shall not be larger than one hundred (00) square feet, shall be at least two thousand linear feet (2,000') from each other and shall not be located on lots of less than one fourth (/4) of an acre (0,890 square feet). feet). Outdoor advertising signs shall not be placed so as to be a traffic hazard or nuisance, and lighted advertising signs shall not reflect on any adjoining residential property. -,! 92

98 5.3.2 Size of signs: A. Projecting signs, at right angles to the wall surface to which attached, shall not exceed in area fifty (50) square feet in the C- District. They may not extend more than six (6) feet out from the wall surface-and shall be mounted to allow at least eight (8) feet of clearance below if over a pedestrian way, and at least fourteen and a half (4 /2) feet if over a vehicular way. B. Signs applied flat to a wall surface shall not exceed in area the sum of one () times the principal road frontage of a property containing the sign and shall not project above or beyond the wall surface at any point. C. Free-standing signs on single-use sites shall not exceed in area one hundred and fifty (50) square feet on each of two (2) sides in the C-2 and M Districts and sixty (60) square feet in the C- Zoning District, and in heights, twenty-five feet (25 ) to the highest point above grade. Where signs are supported on an open work structure the sign area shall not include the area of the supporting members. D. n any shopping center in the Commercial C-2 Zoning District one () collective free-standing sign structure may be erected at the main entrance to a height not to exceed twenty-five (25 ) feet and an area not to exceed two hundred (200) square feet, displaying the name of the center and stores contained therein. Location of signs - Only one () sign of each type shall be allowed on any property except that where a property abuts two (2) or more public streets, either one additional building mounted or free-standing sign may be erected. Types of signs permitted are free-standing, flush mount, projecting signs and ground mounted signs llumination: A. Signs in the commercial and industrial district may be lighted provided that no reflected glare occurs on adjacent roads or properties. B. No sign shall be lighted that faces or partially faces an adjacent residentially used property less than three hundred (300) feet away from the sign Temporary Signs - Commercial Districts A. One () temporary sign advertising the sale, rental or development of property is permitted provided it is not illuminated, a minimum of five feet (5 ) from the road right-of-way and no larger than thirty-two (32) square feet. Such signs shall be promptly removed when the sale, lease or development of the property has been completed. No sign permit is required. - 93

99 Section 5.4 B. Streamers, pennants and banners shall be permitted as temporary signs in conjunction with special events such as grand openings. Such signs shall in no case be displayed for more than thirty (30) days. Notification to the Zoning Officer is required. No sign permit shall be required. REVEW AND APPROVAL Persons desiring to erect a sign or signs shall apply to the Zoning Officer and submit a plan of their proposal indicating the location of the sign on the property, showing dimensions to property lines, the dimensions of the sign, including height above ground, and construction details indicating materials to be used, size of lettering, illumination source, electrical service where available, and details of the method of attachment to the building or the ground. The Zoning Officer shall issue a sign permit if all applicable standards of this Ordinance are adhered to. 94

100 ARTCLE XV NONCONFORMNG USES The provisions of this Section shall apply to buildings, signs, lands, and uses which would not be permitted as the result of the application of this Ordinance to their location or use in the Township, or as a result of the reclassification of the property containing them, or of the adoption or other amendments to this Ordinance after the initial passage. This Section is concerned with properties of inadequate area andlor frontage, uses of land and/or structures for activities not permitted in the zoning district where such land andlor structures are located, and structures placed on a property too close to property boundary lines or too high for compliance with standards of the zoning district in which they are located. Section 6. NONCONFORMNG USES The following provisions shall apply to all nonconforming uses: An Occupancy Permit may be obtained by the owner of any nonconforming use, lot or structure as evidence that the use or structure lawfully existed prior to the adoption of the provision which made the use or structure nonconforming. The Zoning Occupancy Permit shall specify the provision of the zoning ordinance which makes the use, lot or structure nonconforming. The owner shall provide documentation that the use, lot or structure lawfully existed prior to adoption of the provision creating the nonconformity. No such nonconforming use of land shall be expanded to occupy an area on the ground more than thirty percent (30%) larger than was occupied at the date of adoption or amendment of this Ordinance. Such land area shall contain the nonconforming use and the area of expansion and shall be already owned by the operator of the nonconforming use at the time of adoption of the Ordinance or amendment creating the nonconformity, and recorded as one property. A nonconforming use which occupies part of a structure may be extended throughout the structure it occupied at the time of adoption of this Ordinance or subsequent amendment that made the use nonconforming. The expansion under such circumstances may not be extended to occupy land outside the original structure, in excess of the area of permitted expansion in this Section. f any such nonconforming use of land or use of land and structures in combination ceases for any reasons for a period of at least one () year, any subsequent use of such land, or land and structures in combination, shall conform to the regulations for the zoning district where such land is - 95

101 located, except that where a hardship to the operator of the nonconforming use clearly exists as a result of financial, health or other calamity, the Zoning Hearing Board may grant an extension of the one () year limit consistent with the hardship, but not more than one () additional year unless the hardship is created by ill health of the operator Provided all other requirements of this Article are respected, any nonconforming use of a structure or structure and land in combination may be changed to a second nonconforming use upon approval of an application to the Zoning Hearing Board for a special exception requesting such change, such approval being based, in the Board's findings, upon the proposed nonconforming use being more appropriate to the zoning district where the property is located than the existing nonconforming use. Section 6.2 NONCONFORMNG STRUCTURES A nonconforming structure used or occupied by a permitted use may be enlarged or expanded in conformance with this Article if the expansion, complies with the off-street parking regulations of this Ordinance, and such expansion otherwise conforms to all requirements of this Ordinance Any nonconforming structure or a structure housing a nonconforming use damaged by fire, flood, explosion, or other casualty, may be reconstructed and used as before if such reconstruction is performed within twenty (20) months of such casualty, and if the restored structure has no greater coverage and contains no greater cubic content than before such casualty No structure containing a nonconforming use but capable of being enlarged without violating setback or height requirements in the zoning district where it is located may be increased in area more than thirty percent (30%) over the area of such structure at the time of adoption of the Ordinance or subsequent amendments that would make the use nonconforming When any nonconforming use or structure located in a floodplain is expanded, reconstructed, or otherwise modified to an extent amounting to fifty (50%) percent or less of its market value, it shall be floodproofed and elevated to the greatest extent practicable Where a nonconforming use of structure and premises exists in combination, the removal of the structure andlor use in the structure shall terminate the nonconforming use of the premises The maintaining or strengthening to a safe condition of any nonconforming structure shall not be interpreted as being denied by any portion of this Article. 96

102 Section 6.3 NONCONFORMNG LOTS OF RECORD A nonconforming lot of record existing on the effective date of this Ordinance and held in separate ownership different from the ownership of adjoining lots shall be exempt from the minimum lot area, depth, and width requirements provided it is used in accordance with minimum yard requirements. Where adjoining lots are similarly owned they shall be consolidated in order to create a conforming lot prior to development. 97

103 Section 7. ARTCLE XVll ZONNG HEARNG BOARD ZONNG HEARNG BOARD n accordance with law. the Board of Supervisors hereby appoint a Zoning Hearing Board, which Board shall adopt rules to govern its procedures. The Board shall hold meetings, keep minutes, and pursuant to notice, shall conduct hearings, compel the attendance of witnesses, take testimony under oath, and render decisions in writing, all as required by law. A fee shall be charged in accordance with a schedule affixed by the Board of Supervisors for any appeal or proceeding filed with the Zoning Hearing Board. The Zoning Hearing Board shall have the functions, powers, and obligations specifically granted by law, as herein described. Section 7.2 ORGANZATON The Board shall elect from its own membership its officers, who shall serve annual terms and succeed themselves. For the conduct of any hearing and the taking of any action, a quorum shall be not less than a majority of all the members of the Board, but where two (2) members are disqualified to act in a particular matter, the remaining member may act for the Board. The Board may appoint a hearing officer from its own membership to conduct any hearing on its behalf. The Board shall submit an annual report of its activities to the Supervisors. Section 7.3 MEETNGS Meetings of the Board shall be held at the call of the Chairman, and at such other times as the Board may determine. The Chairman, or in his absence, the acting Chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall appoint a Secretary who shall keep its records. The Board shall adopt its own rules of procedure and keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be filed with the Township Manager and shall be a public record. Section JURSDCTON The Zoning Hearing Board shall have exclusive jurisdiction to hear and render final adjudications in the following matters: Substantive challenges to the validity of any land use ordinance, except those brought before the Board of Supervisors pursuant to Sections 609. and 96. (a)(2) of the Pennsylvania Municipalities Planning Code, Act 247, as amended. - 98

104 Section 7.5 Challenges to the validity of a land use ordinance raising procedural questions or alleged defects in the process of enactment or adoption which challenges shall be raised by an appeal taken within thirty (30) days after the effective date of said ordinance. Where the ordinance appealed from is the initial Zoning Ordinance of Penn Township and a Zoning Hearing Board has not been previously established, the appeal raising procedural questions shall be taken directly to court. Appeals from the determination of the Zoning Officer, including, but not limited to, the granting or denial of any permit, or failure to act on the application therefor, the issuance of any cease and desist order or the registration or refusal to register any nonconforming use, structure or lot. Appeals from a determination by the Township Engineer or the Zoning Officer with reference to the administration of any floodplain or flood hazard ordinance or such provisions within a land use ordinance. Applications for variances from the terms of the Zoning Ordinance and Flood Hazard Ordinance or such provisions within a land use ordinance, pursuant to Section 90.2 of the Pennsylvania Municipalities Planning Code, Act 247, as amended. Applications for special exceptions under the Zoning Ordinance or Floodplain or Flood Hazard or such provisions within a land use ordinance, pursuant to Section 92. of the Pennsylvania Municipalities Planning Code, Act 247, as amended. Appeals from the determination of any officer or agency charged with the administration of any transfers of development rights or performance density provisions of the Zoning Ordinance. Appeals from the Zoning Officer's determination under Section 96.2 of the Pennsylvania Municipalities Planning Code, Act 247, as amended. Appeals from the determination of the Zoning Officer or Township Engineer in the administration of any land use ordinance or provisions thereof with reference to sedimentation and erosion control and stormwater management insofar as the same relate to development not involving Article V or V of the Pennsylvania Municipalities Planning Code, Act 247, as amended, applications. HEARNGS The Board shall conduct hearings and make decisions in accordance with the following requirements: -, 99

105 7, S. Notice shall be given in writing at least fifteen (5) days preceding a hearing to the applicant, Township Planning Commission, Supervisors and Township Zoning Officer and a public notice shall be placed in the legal advertisements section of a newspaper of general circulation once in each of two (2) consecutive weeks, the first notice appearing not more than thirty (30) nor less than seven (7) days prior to the hearing. The affected property shall be posted in at least one () conspicuous location at least one () week before the hearing. Additionally, a notice shall be mailed to the owners of all properties within three hundred (300) feet of the site under consideration. using for this purpose the last known name and address of such owners as shown upon records of the existing tax assessing authority. Where all property within the three hundred (300) foot radius is under the same ownership as the site under consideration, the owners of all properties adjoining that owned by the applicant shall be notified in the same manner as herein provided Hearings shall be held within sixty (60) days from receipt of the applicant's request, unless the applicant has agreed in writing to an extension of time. Hearings shall be conducted by the Zoning Hearing Board or the Board may appoint any member as a hearing officer. The parties to the hearing may be any individual or organization (in addition to the municipality and its representatives and the applicant), who requests to be a party in writing at least seven (7) days prior to the hearing and whose appearance as a party is agreed to by the Board. Parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses on all relevant issues. Formal rules of evidence shall not apply but irrelevant, immaterial, or unduly repetitious evidence may be excluded. The Zoning Hearing Board or hearing officer, as the case may be, shall keep a stenographic record of the proceedings, and a transcript of the proceedings and copies of graphic or written material received in evidence shall be made available to any party at cost. The appearance fee for the stenographer shall be shared equally by the applicant and the Zoning Hearing Board. The cost of the original transcript shall be paid by the party ordering it. The Board or hearing offcer shall not communicate directly or indirectly with any party or his representative in connection with any issue involved, except upon notice and opportunity for all parties to participate, shall not take notice of any communication, report, staff memoranda, or other materials unless parties are afforded an opportunity to contest the materials so noticed and shall not inspect the site or its surroundings after the commencement of hearings with any party or his representative unless all parties are given an opportunity to be present

106 7.5.5 The Board or the hearing officer, as the case may be, shall render a written decision, or when no decision is called for, make written findings on the application within forty-five (45) days after the last hearing before the Board or hearing officer. Where the Board fails to render the decision within forty-five (45) days after the last hearing before the Board or hearing officer or fails to hold the required hearing on the application within sixty (60) days from the date of the applicant's request for hearing, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in wn'ting to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the Board to meet or render a decision as hereinabove provided, the Township shall give public notice of said decision within ten (0) days in the same manner as provided above. A copy of the final decision, or where no decision is called for, of the findings, shall be delivered to the applicant and to all other persons who have filed their name and address with the Board personally or by mail not later than the day following its date. Section 7.6 APPEALS 7.6. Challenges to the Validity of the Ordinance - The Zoning Hearing Board shall hear challenges to the validity of this Ordinance or Zoning Map raising substantive questions. Procedural question or an alleged defect in the process of enactment or adoption of any ordinance or Zoning Map shall be raised by an appeal taken directly from the action of the Board of Supervisors to the Court. Challenges to the validity of the Ordinance or Zoning Map to the Zoning Hearing Board include challenges such as exclusionary zoning or spot zoning Section 7.7 Stay of Proceedings - Upon the filing of proceedings before the Zoning Hearing Board.appealing a determination of the Zoning Officer, challenging an ordinance or requesting a variance or special exception and during the pendency of such proceedings before the Board all land development pursuant to any agency or body and all official action thereunder shall be stayed unless the Zoning Officer or any other appropriate agency or body certifies to the Board facts indicating that such stay would cause imminent peril to life or property, in which case the development or official action shall not be stayed otherwise than by a restraining order which may be granted by the Board or by the Court having jurisdiction of zoning appeals on petition after notice to the Zoning Officer or other appropriate agency or body. SPECAL BCEPTONS 7.7. Where the governing body, in the zoning ordinance, has stated special exceptions to be granted or denied by the Zoning Hearing board pursuant - 0 t

107 to express standards and criteria, the Board shall hear and decide requests for such special exceptions in accordance with such standards and criteria. n granting a special exception, the Board may attach such reasonable conditions and safeguards, in addition to those expressed in the Ordinance, as it may deem necessary to implement the purposes this zoning Ordinance Any use not specifically listed as permitted, or conditional may be approved or denied as a special exception by the Penn Township Zoning Hearing Board following the conduct of a public hearing, and compliance with the provisions of Article X of the Pennsylvania Municipalities Planning Code, as amended. n granting such use by Special Exception, the Zoning Hearing Board must find that the use will not alter the essential character of the neighborhood, nor create any hazardous conditions. Section 7.8 VARANCES The Zoning Hearing Board shall hear requests for variances where it is alleged that the provisions of this Ordinance inflict unnecessary hardship upon the property of the applicant or deprive him of reasonable use of the land andlor structures involved, but in no other case. n granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this Ordinance. The Board may grant a variance provided the following findings are made where relevant in each applicants case: That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property, and that the unnecessary hardship is due to such conditions, and not the circumstances or conditions generally created by the provisions of this Ordinance in the district in which the property is located; That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of this Ordinance and that the authorization of a variance is therefore necessary to enable the reasonable use of such property; That such unnecessary hardship hasnot been created by the appellant; That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impact the appropriate use or development of adjacent property, nor be detrimental to the public welfare; and -, 02

108 7.8.5 That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue. Section 7.9 MEDATON 7.9. Parties to proceedings authorized in this Article and Article X-A, Appeals to Court, of the Pennsylvania Municipalities Planning Code, Act 247, as amended, may utilize mediation as an aid in completing such proceedings. n proceedings before the Zoning Hearing Board, in no case shall the Zoning Hearing Board initiate mediation or participate as a mediating party. Mediation shall supplement, not replace, those procedures in this Article and Article X-A once they have been formally initiated. Nothing in this Section shall be interpreted as expanding or limiting municipal police powers or as modifying any principals of substantive law Participation in mediation shall be wholly voluntary. The appropriateness of mediation shall be determined by the particulars of each case and the willingness of the parties to negotiate. Any municipality offering the mediation option shall assure that, in each case, the mediating parties, assisted by the mediator as appropriate, develop terms and conditions for: A. B. C. D. E. F. G. Funding mediation. Selecting a mediator who, at a minimum, shall have a working knowledge of municipal zoning and subdivision procedures and demonstrated skills in mediation. Completing mediation, including time limits for such completion. Suspending time limits otherwise authorized in this act, provided there is written consent by the mediating parties, and by an applicant or municipal decision-making body if either is not a party to the mediation. dentifying all parties and ahording them the opportunity to participate. Subject to legal restraints, determining whether some or all of the mediation sessions shall be open or closed to the public. Assuring that mediated solutions are in writing and signed by the parties, and become subject to review and approval by the appropriate decision-making body pursuant to the authorized procedures set forth in the other sections of this act No offers or statements made in the mediation sessions, excluding the final written mediated agreement, shall be admissible as evidence in any subsequent judicial or administrative proceedings. - 03

109 ARTCLE XVlll AMENDMENTS TO THE ORDNANCE The regulations, restrictions and zoning district boundaries set forth in this Ordinance may from time to time be amended, supplemented, changed or repealed provided that no such action may be taken until after a public hearing. Section 8. AMENDMENTS The Board of Supervisors may amend this Ordinance as proposed by a member of the Board of Supervisors, by the Planning Commission, or by a petition of a person residing or owning property within the Township in accordance with the following: Petitions for amendment shall be filed with the Planning Commission, and the petitioner, upon such filing, shall pay an advertising deposit and a filing fee in accordance with a schedule annually affixed by resolution. The Planning Commission shall review the proposed amendment and report its findings and recommendations in writing to the Board of Supervisors and to the petitioner. The proposed amendment shall be introduced before the Board of Supervisors only if a member of the Board of Supervisors elects to do so. f an amendment proposed by petition is not introduced, the advertising deposit shall be refunded to the petitioner; otherwise, such deposit shall be paid to the Township. When the proposed amendment involves a zoning map change, notice of the public hearing shall be posted at two (2) points along each of two (2) points along each of two (2) boundary lines of the subject parcel or parcels. Any proposed amendment introduced by a member of the Board of Supervisors without written findings and recommendations from the Planning Commission shall be referred to the Planning Commission for review at least thirty (30) days prior to public hearing by the Board of Supervisors. n addition, the proposed amendment shall be submitted to the Butler County Planning Commission at least thirty (30) days prior to the date of the public hearing, for its recommendation. Before voting on the enactment of an amendment, the Board of Supervisors shall hold a public hearing thereon pursuant to public notice, and comply with all other legal requirements for amendment. f, after any public hearing held upon an amendment, the proposed amendment is revised or further revised to include land previously not affected by it, the Board of Supervisors shall hold another public hearing pursuant to public notice, before proceeding to vote on the amendment

110 Section 8.2 PROCEDURE FOR LANDOWNER CURATVE AMENDMENTS 8.2. A landowner who desires to challenge on substantive grounds the validity of a zoning ordinance or map or any provision thereof, which prohibits or restricts the use or development of land in which he has an interest- may submit a curative amendment to the Board of Supervisors with a written request that his challenge and proposed amendment be heard and decided as provided in Section 96. of the Pennsylvania Municipalities Planning Code, Act 247, as amended. Board of Supervisors shall commence a hearing thereon within sixty (60) days of the request as provided for in this Article. The curative amendment and challenge shall be referred to the Planning Commission or agencies as provided in Section 609 of the Pennsylvania Municipalities Planning Code, Act 247, as amended, and notice of the hearing thereon shall be given as provided in Section 60 and 96. of the Pennsylvania Municipalities Planning Code, Act 247, as amended The hearing shall be conducted in accordance with Section 908 of the Pennsylvania Municipalities Planning Code, Act 247, as amended, and all references therein to the Zoning Hearing Board shall, for purposes of this Section be references to Board of Supervisors. f Penn Township does not accept a landowner's curative amendment brought in accordance with this subsection and a court subsequently rules that the challenge has merit, the court's decision shall not result in a declaration of invalidity for the entire zoning ordinance and map, but only for those provisions which specifically relate to the landowner's curative amendment and challenge. Where Penn Township has determined that a validity challenge has merit, it may accept a landownets curative amendment, with or without revision, or it may adopt an alternative amendment which will cure the challenged defects. Board of Supervisors shall consider the curative amendments, plans and explanatory material submitted by the landowner and shall also consider: A. The impact of the proposal upon roads, sewer facilities, water supplies, schools and other public service facilities; B. f the proposal is for a residential use, the impact of the proposal upon regional housing needs and the effectiveness of the proposal in providing housing units of a type actually available to and affordable by classes of persons otherwise unlawfully excluded by the challenged provision of the ordinance or map; C. The suitability of the site for the intensity of use proposed by the site's soils, slopes, woodlands, wetlands, floodplains, aquifers, natural resources and other natural features; - 05

111 Section 8.3 D. The impact of the proposed use on the site's soils, slopes, woodlands, wetlands, floodplains, aquifers, natural resources and other natural features, the degree to which these are protected or destroyed, the tolerance of the resources to development and any adverse environmental impacts; and E. The impact of the proposal on the preservation of agriculture and other land uses which are essential to public health and welfare. PROCEDURE FOR MUNCPAL CURATVE AMENDMENTS f Penn Township determines that its Zoning Ordinance or any portion thereof is substantially invalid, it shall take the following actions: Penn Township shall declare by formal action, its Zoning Ordinance or portions thereof substantively invalid and propose to prepare a curative amendment to overcome such invalidity. Within thirty (30) days following such declaration and proposal, Township Supervisors shall: A. By resolution make specific findings setting forth the declared invalidity of the Zoning Ordinance which may include: () Reference to specific uses which are either not permitted or not permitted in sufficient quantity; (2) Reference to a class of use or uses which require revision; or (3) Reference to the entire ordinance which requires revisions. B. Begin to prepare and consider a curative amendment to the Zoning Ordinance to correct the declared invalidity. Within one hundred and eighty (80) days from the date of the declaration and proposal, Penn Township shall enact a curative amendment to validate, or reaffirm the validity of, its Zoning Ordinance pursuant to the provisions required by Section 609 of the Pennsylvania Municipalities Planning Code, Act 247, as amended, in order to cure the declared invalidity of the Zoning Ordinance. Upon the initiation of the procedures, as set forth in clause (l), the Board of Supervisors shall not be required to entertain or consider any landowner's curative amendment filed under Section 609. of the Pennsylvania Municipalities Planning Code, Act 247, as amended, nor shall the Zoning Hearing Board be required to give a report requested under Section 909. or 96. of the Pennsylvania Municipalities Planning Code, Act 247, as amended, subsequent to the declaration and proposal based upon the grounds identical to or substantially similar to those specified in the resolution required by clause () (a). Upon completion of the procedures as set forth in clauses () and (2), no rights to a cure pursuant to the provisions of Sections 609. and 96. of the Pennsylvania Municipalities Planning Code, Act 247, as amended, shall, -, 06

112 8.3.4 from the date of the declaration and proposal, accrue to any landowner on the basis of the substantive invalidity of the unamended Zoning Ordinance for which there has been a curative amendment pursuant to this Section. Penn Township, having utilized the procedures as set forth in clauses () and (2), may not again utilize said procedure for a thirty-six (36) month period following the date of the enactment of a curative amendment, or reaffirmation of the validity of its Zoning Ordinance, pursuant to clause (2); provided, however, if after the date of the declaration and proposal there is a substantially new duty or obligation imposed upon Penn Township by virtue of a change in statute or by virtue of a Pennsylvania Appellate Court decision, Penn Township may utilize the provisions of this Section to prepare a curative amendment to its Ordinance to fulfill said duty or obligation. 07

113 Section 9. ARTCLE XX ADMNSTRATON AND ENFORCEMENT ZONNG OFFCER The Zoning Officer, who shall not hold any elective office in the municipality and is able to demonstrate a working knowledge of municipal zoning shall be appointed in accordance with law, shall: Section 9.2 Administer and enforce the provisions of this Ordinance in accordance with its literal terms, and shall not have the power to permit any construction or any use or change of use which does not conform to this Ordinance. ssue all required permits, and review and comment on all applications for subdivision and land development approval or related zoning proceedings at the request of the Township Board of Supervisors and the Planning Commission. Maintain a permanent file with all permit applications and enforcement notices as public records. The Zoning Officer may identify and register all nonconforming uses, lots and structures. Each legal nonconformity shall be documented. ZONNG AND BULDNG PERMTS 9.2. A ZoninglBuilding Permit shall be obtained pursuant to provisions in this Ordinance before any person may: A. Change the use of a structure or land to a different use; or B. Construct, reconstruct, move, alter, erect or enlarge any structure or building; or C. Change a nonconforming use or structure to a use which is less nonconforming or conforming for the district. A Zoning Permit shall not be issued to change a nonconforming use or structure without review and approval by the Zoning Hearing Board. Applications for the Zoning and Building Permits shall be accompanied by a site plan showing clearly and completely the location, dimensions, building materials, nature of the use and construction involved, and such other information as the Zoning Officer may require for administration of this Ordinance, together with the filing fee in accordance with the schedule annually affixed by resolution of the Board of Supervisors

114 9.2.3 Zoning and Building Permits shall become null and void one () year from date of issue. Prior to continuance or extension of the activity, change or construction for which the original permit was issued, a new Zoning and Building Permit must be obtained. The Zoning and Building Permit may be renewed by the Zoning Officer if there has been no change in applicable zoning regulations, and if such renewal is requested within one () month of the date of expiration of said Zoning and Building Permit. f applicable zoning regulations have been changed, the full review and approval procedure required by this Ordinance shall apply. Any Zoning and Building permit issued by authorization of the Zoning Hearing Board shall not be renewed except by authority of the Zoning Hearing Board Within sixty (60) days after the receipt of an application, the Zoning Officer shall either approve or disapprove the application or submit the application to appropriate review agencies in conformance with the provisions of this Ordinance. All Zoning and Building Permits shall be conditional upon the commencement and completion of work within one () year. f construction has not been completed within one () year, the permit shall be renewed in order to continue construction. Prior to the issuance of a Zoning And Building Permit for any use in a floodplain, the Zoning Officer shall require the applicant to indicate compliance with all applicable State and Federal laws. The Zoning Officer shall inspect the site during construction to determine whether work is in Compliance with the approved Zoning And Building Permit, and he may require certification by a qualified engineer or surveyor that all structures are being built to the required elevations and to other standards set forth by the Zoning And Building Permit. f the Zoning Officer finds that work does not comply with the applicable standards, or that there has been a misrepresentation by any applicant, the Zoning Officer shall issue a stop work order or revoke the zoning and building permit. f the Zoning Officer finds reasonable grounds to believe that there has been a violation of any provisions of this Ordinance, he shall give notice of such alleged violation. Such notice shall: (a) be in writing; (b) include a statement of the reasons for its issuance; (c) allow a reasonable time not to exceed a period of thirty [30] days for the performance of any act it requires; (d) be served upon the property owner or his agent in accordance with law; and (e) contain an outline of remedial action which, if taken, will effect compliance with the provisions of this Ordinance. No building permit shall be required for the following: A. nterior or exterior painting; - 09