Ordinance No

Transcription

1 TOWNSHP OF WEST PENNSBORO ZONNG ORDNANCE Ordinance No

2 a B.i 4 E. i 9 t P ARTCLES TABLE OF CONTENTS ARTCLE - TTLE, AUTHORTY, PURPOSE AND COMMUNTY DEVELOPMENT OBJECTVES ARTCLE 2 - DEFNTONS AR'7CLE 3 - ESTABLSHMENT OF ZONNG DSTRCTS AND MAP ARTCLE 4 - AGRCULTURAL DSTRCT (A) ARTCLE 5 - RESDENTAL DSRCT (DW DENSTY) (R-) ARTCLE 6 - RESDENTAL DSTRC' (MEDUM-HGH DENSTY) (R-2) ARTCLE 7 - COMMERCAL D S" ARTCLE 8 - NDUS'RAL (LGHT-NDU-) (C) ARTCLE 9 - CONSERVATON AND FBODPAN MANAGEMENT DSTRCT (CF) ARTCLE 0 - VLLAGE DSTRCT (V) DSTRCT &) ARTCLE - LANDSCAPNG AND SCREEN PLANTNG REGULATONS ARTCLE 2 - GENERAL REGULATONS ARTCLE 3 - NONCONFORMNG BULDNGS AND USES ARTCLE 4 - SGN REGULATONS ARTCLE 5 - OFF-STREET PARKNG REGULATONS ARTCLE 6 - CLUSTER DEVELOPMENT REGULATONS ARTCLE 7 - AMENDMENTS ARTCLE 8 - ADMNSTRATON AND ENFORCEMENT EXHBT - HOUSNG EXAMPLES. EXHBT - CLUSTER DEVELOPMENT EXAMPLE EXHBT - LANDSCAPNG EXAMPLES EXHBT V - PARKNG REQUREMENT EXAMPLES PAGE NO

3 E m Permitting, prohibiting, regulating, restricting and determining the use of land, watercourses; size, height, bulk, location, erection, construction, repair, maintenance, alteration, razing, removal and use of structures; areas and dimensions of land 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; the density of population and intensity of use; and providing for repeal, variances, the administration and enforcement of the Ordinance, and such other provisions as may be necessary to implement the purposes of this Ordinance. ARTCLE TTLE, AUTHORTY, PURPOSE, COMMUNTY DEVELOPMENT OBJECTVES Section 0. Section 02. SHORT "LE. This Ordinance shall be known as and may be cited as the "TOWNSHP OF WEST PENNSBORO ZONNG ORDNANCE." AUTHORTY. This Ordinance is enacted and ordained under the grant of powers by the General Assembly of the Commonwealth of Pennsylvania, Act 247, "The Pennsylvania Municipalities Planning Code", July 3, 968, as amended. Section 03. A B. Section 04. Section 05. PURPOSE. This Ordinance is enacted for the following purposes: To promote, protect and facilitate one or more of the following: the public health, safety, morals, general welfare, coordinated and practical community development, proper density of population, emergency preparedness, disaster evacuation, the provision of adequate light and air, police protection, vehicle parking and loading space, transportation, water, sewerage, schools,' public grounds and other public requirements; as well as, To prevent one or more of the following: over-crowding of land, blight, danger and congestion in travel and transportation, loss of health, life or property from fire, flood, panic or other dangers. This Zoning ordinance is made in accordance with an overall program, and with consideration for the character of the municipality, its various parts, and the suitability of the various parts for particular uses and structures. COMMUNTY DEVEUPMENT OBJECTVES. To promote and to foster the community development goals and objectives as contained in the West Pennsboro Township Comprehensive Plan, as amended. NTERPRETATON. n interpreting and applying this Zoning Ordinance, its provisions shall be held to be the minimum requirements for promotion of health, safety, morals and general welfare of the Township. Any use permitted subject to the regulations prescribed by the provisions of the Zoning Ordinance shall conform with all regulations and is not intended to interfere with, do away with, -

4 make ineffective, supersede or cancel any reservations contained in deeds or other agreements. f the Ordinance imposes more stringent restrictions upon the use of buildings and land than are contained in the deeds or agreements, however, the provisions of the Ordinance shall control. Section 06. APPLCATON. The provisions, regulations, limitations and restrictions of this Ordinance shall apply, but not be limited, to all structures, buildings, uses, signs and land and their accessory structures, buildings, uses and signs. -2

5 ARTCLE 2 DEFNTONS Section 20. DEFNTON OF TERMS. The following words are defined in order to facilitate the interpretation of the Ordinance for administrative purposes and for the carrying out of duties by appropriate officers and by the Zoning Hearing Board. Section 202. NTERPRETATON OF DEFNTONS. Unless otherwise expressly stated, the following words, for the purpose of this Ordinance, shall have the meaning indicated. Words used in the present tense include the future tense. The singular includes the plural. The word "person" includes any individual or group of individuals, a corporation, partnership, or any other similar entity. The word "lot" includes the words "plot" or "parcel." The term "shall" is always mandatory. The word "used" or "occupied" as applied to any land or building shall be construed to include the words, "intended, arranged or designed to be used or occupied." Any words not included in the following definitions shall be defined as described in the latest - edition of Webster's Abridged Dictionary. ACCESS DRVE A paved surface, other than a street, which provides vehicular access from a street or private road to a lot. s ACCESSORY BULDNG or STRUCTURE: A building or structure subordinate to and detached from the main building on the same lot and used for purposes customarily incidental to the main building. ACCESSORY USE: A use for the convenience, enjoyment, or necessity of the principal use or structure and shall be located on the Same lot with such principal use or main building. ACCESSORY STORAGE The storage of materials related or associated to the accessory use, existing or proposed. 2-

6 ADDTON: A structure added to, the original structure at some time after the completion of the original. AGRCULTURE: The use of land for agricultural purposes, including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, fish culture, animal and poultry husbandry, and the necessary accessory uses for packing, treating or storing the produce; provided that the operation of any such accessory uses shall be secondary to that of normal agricultural activities; and provided further that the above uses shall not include the business of garbage feeding of hogs, fur farms or the raising of animals such as rats, mice, monkeys and the like for use in medical or other tests or experiments. ALTERATONS, STRUCTURAL. As applied to a building, structure or sign, any change or rearrangement in the structural parts or in the existing facilities, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another. Any change in the supporting members of a building such as bearing walls, columns, beams, or girders. AMENDMENT: A change in use in any district which includes revisions to the zoning text and/or the official zoning map; and the authority for any amendment lies solely with the Township Board of Supervisors. ANMAL HOSPTAL: A building where animals or pets are given medical or surgical treatment and the boarding of animals is limited to short-term care incidental to hospital use. ANTENNA: Any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic or radio waves, which is external to or attached to the exterior of any building. ANTENNA, SATELLTE DSH A device incorporating a reflective surface that is solid, open mesh or bar configured and is in the shape of a shallow dish, cone, hom or cornucopia Such device shall be used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally-based uses. This definition is meant to include, but not be limited to, what are commonly referred to as satellite earth stations, TVROs and satellite microwave antennae. APARTMENT: A dwelling unit within a multiple dwelling. This classification includes apartments in Apartment Houses, Studio Apartments and Kitchenette Apartments. Conversion Apartments are not included in the classification. APARTMENT, ACCESSORY: An independent dwelling unit incorporated within an existing single-family detached dwelling without any substantial external modification. APARTMENT, CONVERSON: An existing dwelling unit that is or was converted to a dwelling for more than one () family, without substantially altering the exterior of the building. 2-2

7 APARTMENT, GARDEN: A two (2) story multi-family dwelling, containing one () story dwelling units. APARTMENT HOUSE A building arranged, intended or designed to be occupied by three (3) or more families living independently of each other. APPLCANT. A landowner or developer, as hereinafter defined, who has filed an application for development including the applicant's heirs, successors, and assigns. APPLCATON FOR DEVELOPMENT: Every application, whether preliminary or final, required to be filed and approved prior to the 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 approval of a development plan. AREA. The extent of surface contained within the boundaries or extremities of water, lands or buildings. AREA, BULDNG. The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of uncovered porches, terraces, and steps. AREA, LOT: The area contained within the property lines of a lot or as shown on a subdivision plan excluding space within any street, but including the area of any easement. ARTERAL!3TREET: ARterial streets - provide direct connections between residential neighborhoods and commercial, industrial, and public employment center sof the area. These roads interconnect the principal traffic generators within urban areas and important rural routes. n addition, arterial highways give access to various interchange points of regional limited access. Generally, these roadways should accommodate operating speeds of 55 miles per hour. AUTO BODY SHOP: Any structure or any building or part thereof, that is used for the repair or painting of bodies, chassis, wheels, fenders, bumpers and/or accessories of automobiles and other vehicles of conveyance. AUTOMOBLE GARAGE A structure or building on a lot designed and/or used primarily for mechanical and/or body repairs, storage, rental, servicing, or supplying of gasoline or oil to automobiles, truclcs or similar motor vehicles. AUTOMOBLE AND/OR MOBLE HOME SALES GARAGE A structure or building on a lot designed and used primarily for the display or sale of new and used automobiles, trucks, other similar motor vehicles, mobile homes and where mechanical repairs and body work may be conducted as an accessory use incidental to the primary use. 2-3

8 AUTOMOBLE ANDMOBLE HOME SALES LOT An open lot used for the outdoor display or sales of new or used automobiles, trucks, other similar motor vehicles or mobile homes and where minor and incidental repair work, other than body and fender, may be done. AUTOMOBLE SERVCE STATON Any area of land, including any structures thereon, or any building or part thereof, that is used for the retail sale of gasoline, oil, other fuel, or accessories for motor vehicles, and which may include facilities used for polishing, greasing, washing, dry cleaning, or otherwise cleaning or servicing such motor vehicles. AUTOMOBLE WRECKNG: The dismantling or wrecking of used automobiles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts. BASEMENT: That portion of a building that is partially or wholly below ground level. This portion is not a completed structure and serves as a substructure or foundation for a building. A basement shall be counted as a story for the purpose of height measurement, if the vertical distance between the ceiling and the average level of the adjoining ground is more than five (5) feet or is used for business or dwelling purposes, other than a game or recreation room. BLOCK: An area bounded by streets. BOARDNG HOUSE: A building arranged or used for the lodging, with or without meals, for compensation, by either transient or pemanent residents. This definition includes rooming houses and lodging houses. BUFFER YARD: See Yard, Buffer. BULDNG Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of persons, animals, or chattels, and including covered porches or bay windows and chimneys. a. Attached - A building which has two (2) or more party walls except for the end units of the building. b. Detached - A building which has no party walls. c. Semi-Detached - A building which has only one party wall. BULDNG, FRONT LNE OF The line of that face of the building nearest the front line of the lot. This face includes sun parlors and covered porches whether enclosed or unenclosed but does not include steps. 2-4

9 BULDNG, HEGHT OR The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs. BULDNG LNE A line parallel to the front, side, or rear lot line so as to provide the required yard. BULDNG PERMT: Written permission issued by the proper municipal authority for the construction, repair, alteration or addition to a structure. BULDNG, PRNCPAL: A building in which is conducted the principal use of the lot on which it is located. BULDNG SF'BACK The line within a property defining the required minimum distance permitted between any enclosed structure and the adjacent right-of-way. CAMPNG GROUND: A parcel of land used by campers for seasonal, recreational, or other similar temporary living purposes, in buildings of a movable, temporary, or seasonal nature, such as cabins, tents, or shelters. CARPORT: A covered space, open on three (3) sides, for the storage of one () or more vehicles and accessory to a main or accessory building. CARTWAY That portion of a street or alley which is improved, designed, or intended for vehicular use, but not including shoulders, curbs, sidewalks or swales. CELLAR. A story partly underground and having more than onehalf of its clear height below the average level of the adjoining ground. A cellar shall not be considered in determining the maximum number of stones. CHANGE OF USE An alternation of a building structure or land by change of use, or changing what is existing, to a new use group which imposes other special provisions of law governing building constnrction, equipment, exists or zoning regulations. COLLECTOR STREGrs: These streets collect local, residential, commercial, industrial, and public traffic and direct it to arterials or expressways. Collector streets should be designed to discourage through movements in residential areas and to encourage highway movement on arterials and expressways. Generally, these streets will accommodate operating speeds of 35 to 45 miles per hour. 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 2-5

10 of residents of a development, not including streets, off-street parking areas, and areas set aside for public facilities. COMPREHENSVE PLAN: A comprehensive long-range plan adopted as an official document to guide the growth and development of the Township. The plan includes analyses, recommendations, and proposals for the Township's population, economy, housing, transportation, community facilities, and land uses. CONDTONAL USES: Conditional uses shall be allowed or denied by the governing body after recommendations by the Planning Commission, pursuant to express standards and criteria set forth in this Ordinance. CONDOMMUM Real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real estate is not a condominium unless the undivided interests in the wmmon elements are vested in the unit owners. CONSTRUCTON: The construction, reconstruction, renovation, repair, extension, expansion, alteration, or relocation of a building structure, including the placement of manufactured homes. COVERAGE That portion or percentage of the lot area covered by impervious materials. DAY CARE CENTER See definition SCHOOL, NURSERY. DENSTY. The number of families, individuals, dwelling units, or housing structures per unit of land. DEVELOPER: Any landowner, agent of such landowner or tenant with permission of such landowner, who makes or causes to be made a subdivision of land or a land development. DEVELOPMENT. Any change to improved or unimproved real estate including but not limited to buildings or other structures, fining, 5ding, paving, excavation, mining, dredging or drilling operations and the subdivision of land DS'Rm, ZONNG: A district includes all buildings, lots, and surface areas within certain designated boundaries as indicated on the West Pennsboro Township Zoning Map. DRANAGE AREA: The removal of surface water or groundwater from land by drains, grading or other means which include runoff controls to minimize erosion and sedimentation during and after construction or development, the means for preserving the water supply and the prevention or alleviation of flooding. DRANAGE SYSTEM Pipes, swales, natural features and improvements designed to carry drainage. 2-6

11 DRVE-N USE: An establishment which by design, physical facilities, service or by packaging procedures encourages or permits customers to receive services, obtain goods, or be entertained while remaining in their motor vehicles.. DRVEWAY: A private roadway providing access for vehicles to a parking space, garage, dwelling or other structure. DUMP: A lot or land or part thereof used primarily for disposal by abandonment, dumping, burial, or other means and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof, or waste material of any kind. DWELLNG A building or structure designed for living quarters for one () or more families, including manufactured homes which are supported either by a foundation or are otherwise permanently attached to the land, but not including hotels, boardinjglrooming houses or other accommodations used for transient occupancy. DWELLNG, GROUP: Any building or portion thereof which is designed or used as living quarters for five (5) or more persons unrelated to each other or the family occupying the dwelling unit. Group dwellings shall include, but not be limited to, lodging and boarding houses, nursing homes, and homes for the aged. DWELLNG, MULT-FAMLY: A building, including apartment houses, row houses, or townhouses, used by three (3) or more families living independently of each other and doing their own cooking. DWELLNG, SNGLE FAMLY, AT'ACHED (TOWNHOUSE OR ROW): A building used for one () family and having two (2) party walls in common with other buildings (such as row house or townhouse). DWELLNG, SNGLE FAMLY, DETACHED: A building used by one () family, having only one () dwelling unit and having two (2) side yards. DWELLNG, SNGLE FAMLY, SEM-DETACHED (DOUBLE): A building used by one () family, having one () side yard, and one () party wall in common with another building. DWELLNG, TWO-FAMLY, DE'ACHED (DUPLEX): A building used by two (2) families, having two (2) dwelling units, one located above the other, and having two (2) side yards. DWELLNG, TWO-FAMLY SEM-DETACHED (FOUR FAMLES): A building designed and built to contain four (4) dwelling units, consisting of two (2) sets of dwelling units, each with one () dwelling unit above another, arranged side by side and separated by a party wall. 2-7

12 DWELLNG UNPT: A single unit providing complete independent living facilities for one () or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation. EASEMENT: A grant of one () or more property rights by the property owner to and/or for the use by the public, a corporation or another person or entity. ELECTRC SUBSTATON: An assemblage of equipment for purposes other than generation or utilization, through which electric energy in bulk is passed for the purpose of switching or modifying its characteristics to meet the needs of the general public. ELEC'RC TRANSMSSON AND DSTRBUTON FACLTES: Electric public utilities' transmission and distribution facilities including substations. ENVRONMENTAL ASSESSMENT: An analysis of the effect of development proposals and 3 other major actions on natural and socioeconomic features of the existing environment. ENGNEER: A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the engineer for the Township. ENGNEERNG SPECFCATONS: The engineering specifications of the Township regulating the installation of any required improvement or for any facility installed by any owner, subject to public use. EROSON: The detachment and movement of soil or rock fragments, or the wearing away of the land surface by water, wind, ice and gravity. EXCAVATON Any act by which earth, sand, gravel, rock, or any other similar materials is dug into, cut, quarried, uncovered, removed, displaced, relocated or bulldozed, including the conditions resulting therefrom. FACADE: The exterior wall of a building exposed to public view or that wall viewed by persons not within the building. FAMLY: A single individual doing hisher own cooking and living upon the premises as a separate housekeeping unit, or no more than three (3) unrelated individuals doing their own cooking and living together upon the premises as a separate housekeeping unit in a domestic relationship based upon birth, legal marriage, or other domestic bond. This definition does not include a collective body of persons occupying a hotel, dormitory, lodge, boarding/rooming house, family care/group care facility, commune, or institution. FAMLY CARE FACLTY: A facility providing shelter, counseling, and other rehabilitative services in a family-like environment for four (4) or eight (8) residents, plus such minimum supervisory personnel as may be required to meet standards of the licensing agency. Residents 2-8

13 may not be legally related to the facility operators or supervisors and, by reason of mental or physical disability, chemical or alcohol dependency, or family or school adjustment problems, require a minimal level of supervision but do not require medical or nursing care or general supervision. A family care facility must be licensed and/or approved by the Pennsylvania Department of Public Welfare and may include uses such as foster homes, community residential alternative facilities, or home individual programs. FAMLY DAY CARE HOME: A residence offering baby-sitting services and child care sewices for four (4) to six (6) children unrelated to the resident household and meeting all applicable licensing/registration requirements of the Pennsylvania Department of Public Welfare. A family day care home is a permitted accessory use in any residential district. FARM: Any parcel of land containing ten (0) or more acres, which is used for gain in the raising of agricultural products, livestock, poultry and dairy products, Such term includes necessary farm structures within the prescribed limits and the storage of equipment used, but excludes the raising of furbearing animals, riding academies, livery or boarding stables and dog kennels. FENCE: Any freestanding and uninhabitable structure constructed of wood, glass, metal, plastic materials, wire, wire mesh, or masonry, singly or in combination. The structure is erected for one or more of the following purposes: to screen or divide one () property from another to assure privacy; to protect the screenkd or divided property; or to define and mark the property line, when such structure is erected on or within two (2) feet of any front, side or rear lot line. For the purpose of this ordinance, a freestanding masonry wall, when located for one of the preceding purposes, is considered to be a fence. Also for the purpose of this Ordinance, when the term "lot line" is used in relation to fences, it shall be synonymous with "rear yard lot lines," "side yard lot lines" and "front yard lot lines." Fences are not synonymous with "garden structures" which are defiied elsewhere in this Ordinance. FLL: Any act by which earth, sand, gravel, rock or any other material is placed, pushed, dumped, transported or moved to a new location above the natural surface of the ground or on top of the stripped surface. FLOOD: A temporary inundation of normally dry land areas. FLOOD, BASE (ONEHUNDRED YEAR FLOOD): A flood that, on the average, is likely to occur once every 00 years & that has a one (%) percent chance of occurring each year, although the flood may occur in any year). FLOOD FRNGE That portion of the flood plain outside the floodway. FLOOD PLAN () a relatively flat or low land area adjoining a river, stream, or watercourse which is subject to partial or complete inundation; (2) an area subject to the unusual and rapid accumulation or runoff of surface waters from any surface. 2-9

14 FLOOD PROOFNG: Any combination of structural and non-structural additions, changes, or adjustments to proposed or existing structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. FLOODWAY The designated area of a flood plain required to carry and discharge flood waters of a given magnitude. For the purposes of this Ordinance, the floodway shall be capable of accommodating a flood of the one hundred (00) year magnitude without increasing the water surface elevation more than one () foot at any point. FLOOR AREA: The sum of the gross horizontal areas of the several floors of a building and its accessory buildings on the same lot, excluding cellar and basement floor areas not used as primary living and sleeping quarters, but including the area of roofed porches and roofed terraces. All dimensions shall be measured between exterior faces of walls. FLOOR AREA, HABTABLE The aggregate of the horizontal areas of all rooms used for habitation, such as living room, dining room, kitchen, bedroom, but not including hallways, stainvays, cellars, attics, service rooms or utility rooms, bathrooms, closets, or unheated areas such as enclosed porches, or rooms without at least one () window or skylight opening onto an outside yard or court. At least one-half (D) of the floor area of every habitable room shall have a ceiling height of not less than seven (7) feet, and the floor area of that part of any room where the ceiling height is less than five (5) feet shall not be considered as part of the habitable floor area. FLOOR AREA RETAL, NGT: All that space relegated to use by the customer and the retail employee to consummate retail sales and to include display area used to indicate the variety of goods available for the customer, but not to include office space, storage space and other general administrative areas. GARAGE, PRVATE: An enclosed or covered space for the storage of one () or more vehicles, provided that no business, occupation or service is conducted for profit therein.. GARAGE, PUBLC Any garage, other than a private garage, which is used for storage, repair, rental, servicing or supplying of gasoline or oil to motor vehicles. GARDEN APARTMENT: See defiiition APARTMENT, GARDEN. GARDEN STRUCTURES: Any accessory structure which may be occupied for other than sleeping or general housekeeping purposes, or which serves as a shelter primarily for human beings, except a permitted garage, porch or carport, which is located in any side or rear yard not closer than three (3) feet to any side or rear lot line. ncluded in this category of structures are arbors, aviaries, pergolas, trellises, barbecue shelters, bath houses, private greenhouses and freestanding screens and similar structures. No such structure may be located in any required front yard between the building setback line and the street line. Such structures may be solidly roofed and walled or open to the sky and on the sides, but if solidly roofed or solidly walled on 2-0

15 more than two (2) sides, they must be located within the building line of the lot and may not invade any required yard. Unscreened, unroofed, unwalled or unfenced patios, bird baths, ornamental pools and swimming pools are not considered as garden structures. Permitted structures may be attached to, or be detached from, a dwelling. GARDENNG: The cultivation of herbs, fruits, flowers or vegetables, excluding the keeping of livestock or bees. GOVERNNG BODY: Shall mean the Board of Supervisors of West Pennsboro Township, Cumberland County, Pennsylvania. GRADE, ESTABLSHED: The elevation of the center line of the streets, as officially established by the municipal authorities. GRADE, FNSHED: The completed surfaces of lawns, walks, and roads brought to grades as shown on official plans or designs relating thereto. GREENHOUSE A building whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants for subsequent sale or for personal enjoyment. GROUND FLOOR The floor of a building nearest the mean grade of the front of the building. GROUP CARE FACLTY: A facility providing shelter, counseling, and other rehabilitative services in a family-like environment for more than nine (9) but fewer than fifteen (5) residents, plus such minimum supervisory personnel, as may be required tb meet standards of the licensing agency. Residents may not be legally related to the facility operators or supervisors and, by reason of mental or physical disability, chemical or alcohol dependency, or family or school adjustment problems, require a minimal level of supervision but do not require medical or nursing care or general supervision. A group care Eacility must be licensed and/or approved by the Pennsylvania Department of Public Welfare. GROUP DAY CARE HOME: A residence offering baby-sitting services and child care services for seven (7) to eleven () children unrelated to the resident household and meeting all applicable licensinghegistration requirements of the Pennsylvania Department of Public Welfare. HAZARDOUS WASTE: Any garbage, refuse, sludge from an industrial or other waste water treatment plant, sludge from a water supply treatment plant, or air pollution control facility and other discarded material including solid, liquid, semisolid or contained gaseous material resulting from municipal, commercial, industrial, institutional, mining, or agricultural operations, and from community activities, or any combination of the above. This definition does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return permits under Section 402 of the Federal Water Pollution Control Act, as amended (33 U.S.C. Section 342) or source, special nuclear, or by-product material as defined by 42 U.S.C. Section 2-

16 204, which because of its quantity, concentration, or physical, chemical or infectious characteristics may: -[a] [b] cause or significantly contribute to an increase in mortality or an increase in morbidity in either an individual or the total population; or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed. The term "Hazardous Waste" shall not include coal refuse as defined in the act of September 24, 968 (P.L 040, No. 38), known as the "Coal Refuse Disposal Control Act." "Hazardous Waste" shall not include treatment sludges h m coal mine drainage treatment plants, disposal of which is being carried on pursuant to the act of June 22,937 (P.L 987, No. 394), known as "The Clean Streams Law." HEGHT OF BULDNG See definition BULDNG, HEGHT. HOME OCCUPATON Any use customarily conducted entirely within a dwelling or in a building a m r y thereto and carried on by the inhabitants residing therein, and having no more than one () employee. The use must be clearly incidental and secondary to the use of the dwelling for dwelling purposes; the exterior appearance of the structure or premises must be constructed and maintained as a residential dwelling; and no goods must be publicly displayed on the premises, other than signs as provided herein. HOSPTALS: An institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions, including, if an integral part of the institution, related facilities such as laboratories, outpatient facilities or training facilities. HOTEL A facility offering transient lodging accommodations to the general public and providing additional services such as restaurants, meeting rooms, and recreational facilities. MPERVOUS MATERAL: Any substance placed on a lot which covers the surface in such fashion as to prevent natural absorption of surface water by the earth so covered. The following items shall be deemed to be impervious material: buildings, concrete sidewalks, paved driveways and parking areas, swixpming pools and other nonporous structures or materials. NDUSTRY: The manufacturing, compounding, processing, assembly or treatment of materials, articles, or merchandise. NFRASTRUCTURE: Facilities and services needed to sustain industry, residential and commercial activities. These facilities and services may include water and sewer lines, streets and roads, communications, and public facilities (e.g. fire houses, parks, etc.). 2-2

17 JUNKYARD: A lot, land, or structure, or part thereof, used primarily for the collecting, storage, and sale of waste paper, rags, scrap metal, or discarded material, or for the collection, dismantling, storage, and salvaging of machinery or vehicles not in running condition, and for the sale of parts thereof. KENNEL: An establishment in which more than six (6) dogs or domesticated animals are housed, groomed, bred, boarded, trained or sold. LAND DEVELOPMENT: Any of the following activities: () The improvement of one () lot or two (2) or more contiguous lots, tracts or parcels of land for any purpose involving: (i) (ii) a group of two (2) or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots, regardless of the number of occupants or tenure; or the division or allocation of land or space, whether initially or cumulatively, between or among two (2) or more existing or prospective occupants by means oc or for the purpose of, streets, common areas, leaseholds, condominiums, building pups or other features. (2) A subdivision of land. (3) Exclusion of certain land development as defined above only when such development involves: (9 (ii) the conversion of pn existing single-family detached dwelling or single family semi-detached dwelling into not more than three (3) residential units, unless such units are intended to be a condominium; or the addition of an accessory building, including farm buildings, on a lot or lots subordinate to an existing principal building; or E (iii) the addition or conversion of buildings or rides within the confines of an enterprise which would be considered an amusement park. For purposes of this subclause, an amusement park is defined as a tract or area used principally as a location for permanent amusement structures or rides. This exclusion shall not apply to newly acquired acreage by an amusement park until initial plans for the expanded area have been approved by proper authorities. LAND SURVEYOR A person who is licensed by the State as a land surveyor and is qualified to make accurate field measurements and mark, describe, and define land boundaries. 2-3

18 LANDOWNER The legal or beneficial owner or owners of land including the holder of an option.or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he/she is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land. LANDSCAPE PUNTNG A planting of vegetative materials including trees, shrubs and ground cover. LGHTNG: [a] [b] [c] Diffused That form of lighting wherein the light passes from the source through a translucent cover or shade; Direct or Flood That form of lighting wherein the source is visible and the light is distributed directly from it to the object to be illuminated; ndirect: That form of lighting wherein the light source is entirely hidden, the light being projected to a suitable reflector from which it is reflected to the object to be illuminated. LOADNG BERTH/SPACE An off-street area on the same lot with a building or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts on a street or other appropriate means of access. LOCAWMNOR STREFTS: The principal-function of local streets is to provide access to individual properties abutting the street right-of-way.. Local streets should be designed to discourage non-local and through traffic movement. These streets should be designed for operating speeds of 25 miles per hour or under. LOT A designated parcel, tract or area of land established by a plat or otherwise as pem itted by law and to be used, developed or built upon as a unit. LOT, CORNER: A lot at the junction of, and abutting on, two (2) or more intersecting streets or at the point of abrupt change of a single street, where the interior angle is less than one hundred thirty-five (35) degrees and the radius of the street line is less than one hundred (00) feet. LOT, DEPTH OF: The average horizontal distance between the front and rear lot lines. LOT, DOUBLE FRONTAGE An interior lot having frontage on two (2) streets. LOT, NTEROR: A lot other than a corner lot. LOT LNES: The lines bounding a lot as defined herein. 2-4

19 LOT, MNMUM WDTH. The minimum lot width at the building setback line. LOT, NONCONFORMNG A lot of the area or dimension of which was lawful prior to the adoption or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment. LOT OF RECORD: A lot which has been recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania. LOT, REVERSE FRONTAGE A lot extending between, and having frontage on an arterial street and a minor street, and with vehicular access solely from the latter. LOT WDTH. The horizontal distance between the side lines of a lot measured at right angles to its depth along a straight line parallel to the front lot line at the minimum required building setback line. MANUFACZRNG The processing and/or converting of raw unfmished or finished materials or products, or any, or either of them, into an article or substance of a different character, or for use for a different purpose; industries furnishing labor for manufacturing; or the refinishing of manufactured articles. MEDCAL CENTER Establishments primarily engaged in furnishing medical, surgical or other services to individuals, including the offices of physicians, dentists and other health care practitioners, medical and dental laboratories, out-patient care facilities, blood banks and oxygen and miscellaneous types of medical supplies and services. MEDATON: A voluntary negotiating process in which parties in a dispute mutually select a neutral mediator to assist them in jointly exploring and setting their differences, and culminating in a written agreement which the parties themselves create and consider acceptable. E MOBLEHOME A transportable, single family dwelling intended for permanent occupancy, contained in one () unit, or in two (2) or more 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 or minor and incidental unpacking and assembly operations, and constructed so that it may be used with or without a permanent foundation. MOBLEHOME LOT: A parcel of land in a mobilehome park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobilehome. MOBLEHOME PARK: A parcel or contiguous parcels of land which has been so designated and improved that it contains two (2) or more mobilehome lots for the placement thereon of mobilehomes. 2-5

20 MOTEL: A building or group of buildings, whether detached or in connected units, used as individual sleeping or dwelling units, with separate entrances and designed for year-round occupancy, primarily for transient automobile travelers and providing for accessory off-street parking facilities. The term "motel" includes buildings designated as tourist courts, tourist cabins, motor lodges, and similar terms. MUNCPALTY: West Pennsboro Township or Cumberland County. MUNCPALXTY, LOCAL: West Pennsboro Township. NONCONFORMNG LOT: A lot, the area, dimensions, or location of which was lawful prior to the adoption, revision or amendment of the zoning ordinance, but which fails by reason of such adoption, revision, or amendment to conform to the present requirement of the zoning district. NONCONFORMNG USE A use, whether of land or of structure, which does not comply with the applicable use provisions in a 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. NONCONFORMNG 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. NURSERY, HORTCULTURE: Any lot or parcel of land used to cultivate, propagate and grow trees, shrubs, vines and other plants including the buildings, structures and equipment customarily incidental and accessory to the primary use. NURSNG OR CONVALESCENT HOME A building with sleeping rooms where persons are housed or lodged and furnished with meals, nursing care for hire and which is approved for nonprofit/profit corporations licensed by the Pennsylvania Department of Public Welfare for such use. OBSTRUCTON: Any wall, dam, wharf, embankment, levee, dike, projection, excavation, channel, rectification, culvert, building, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or flood-prone area, which may impede, retard, or change the direction of the flow of water either by itself or by catching or collecting debris carried by such water or is placed where the flow of the water might carry the same down stream to the damage of life and property. 2-6

21 OCCUPANCY PERMT: A required permit allowing occupancy of a building or structure after it has been determined that the building meets all the requirements of applicable ordinances. OFFCE BULDNG: A building designed or used primarily for office purposes, no part of which is used for manufacturing. OFFCE, PROFESSONAL: A room or rooms used for the carrying on of a profession including, but not limited to, physicians, dentists, architects, engineers, accountants, attorneys, real estate brokers, insurance agents entitled to practice under the laws of the Commonweath of Pennsylvania. OFFCAL MAP: A legally adopted map that conclusively shows the location and width of existing and proposed public streets, watercourses and public grounds, including widenings, narrowings, extensions, diminutions, openings or closing of same, for the whole of the municipality. OFF-STREE' PARKNG SPACE A temporary storage area for a motor vehicle that is directly accessible to an access aisle, and which is not located on a dedicated street right-of-way. OPEN SPACE The unoccupied space open to the sky on the same lot with the building. OWNER(S): The individual, partnership, company, firm, association, or corporation which holds title to a business or land on which it is situated, including its agents, subcontractors, or employees. PARKNG LOT Any lot, municipally or privately owned, for off-street parking facilities, providing for the transient storage of automobiles or motor-driven vehicles. Such parking services may be provided as a free service or for a fee. PARKNG SPACE The space within a building, or on a lot or parking lot, for the parking or storage of one () automobile. PARTY WALL A common shared wall between two (2) separate structures, buildings, or dwelling units. PERMTTED USE Any use allowed in a zoning district and subject to the restrictions applicable to that zoning district. PERSON: Any individual or group of individuals, corporations, partnership, or any similar entity. PERSONAL SERVCES Businesses primarily engaged in providing services generally to individuals, such as home laundries, portrait photographic studios, and beauty and barber shops. 2-7

22 PLANNNG CODE: The Pennsylvania Municipalities Planning Code, Act 247, dated July 3, 968, as amended. PLANNNG COMMSSON. The West PeMsboro Township Planning Commission, appointed by the governing body in accordance with the Second Class Township Code of Pennsylvania and the Municipalities Planning Code, Act No PLAT The map or plan of a subdivision or land development, whether preliminary or final. PORCH: A covered area in excess of four (4) feet by five (5) feet or twenty (20) square feet in area at a front, side or rear door. PREMSES: Any lot, parcel, or tract of land and any' building constructed thereon. PRVATE: Not publicly owned, operated, or controlled. PRVATE ROAD: A legally established right-of-way, other than a public streec which provides the primary vehicular and/or pedestrian access to a lot. PROFESSONAL OCCUPATON The practice of a profession by any professional including, but not limited to, Attorney, Physician, Surgeon, Osteopath, Chiropractor, Dentist, Optician, Optometrist, Chiropodist, Engineer, Surveyor, Architect, Landscape Architect, Planner or similar type, entitled to practice under the laws of the Commonwealth of Pennsylvania. PROPERTY LNE A recorded boundary of a plot. Any property line which abuts a street or other public way shall be measured fiom the edge of the right-of-way. PUBLC Owned, operated or controlled by a government agency (Federal, State, or local, including a corporation and/or board created by law for the performance of certain specialized governmental functions). PUBLC GROUNDS: ncludes the following: () parks, playgrounds, trails, paths and other recreational areas and other public areas; (2) sit& for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities; and (3) publicly owned or operated kenic and historic sites. PUBLC HEARNG. A formal meeting held pursuant to public notice by the governing body or planning agency, intended to inform and obtain public comment, prior to taking action in accordance with this ordinance. 2-8

23 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 the municipality. 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 SEWER AND OR WATER SYSTEM Any system, other than an individual septic tank, tile field, or individual well, that is operated by a municipality, governmental agency, or a public utility for the collection, treatment and disposal of wastes and the furnishing of potable water. PUBLC SWMMNG POOL: Any pool, other than a residential pool, which is used, or intended to be used, for swimming, bathing, or wading, and is operated by an owner, lessee, operator, licensee, or concessionaire, regardless of whether a fee is charged for use. PUBLC UTLTY FACLTY: A structure and its equipment, where necessary, for the transmission and exchange of cable television, telephone, gas, electric, sewer, or water facilities, or for the pick-up and/or discharge of passengers from a public transportation vehicle. RECREATON FACLTY, PRVATE: A recreation facility operated by a non-profit organization, and open only to bona fide members and guests of such nonprofit organization. RECREATON FACLTY, PUBLC. A recreation facility operated by a governmental agency and open to the general public. RECREATONAL VEHCLE: A vehicular type unit primarily designed as temporary living quarters for recreational, camping, or travel use, which has its own motor power or is mounted or drawn by another vehicle; having a body width of no more than eight (8) feet and a body length of no more than thirty-five (35) feet when factory equipped for the road, and licensed as such by the Commonwealth including, but not limited to, travel trailers, truck campers, camping trailers, and self-propelled motorhomes. RECREATONAL VEHCLE PARK OR CAMP GROUND: A parcel of land under single ownership which has been planned and improved for the placement of recreational vehicles or camping equipment for temporary living quarters, for recreational, camping or travel use, or recreational vehicle or camp ground lots rented for such use, thereby constituting a "land development." RECYCLNG FACLTY: An establishment which provides the means for the collection, separation, recovery, and sale or reuse of metals, glass, paper, leaf waste, plastics and other materials which would otherwise be disposed of and processed as municipal waste. 2-9

24 RESDENTAL SWMMNG POOL Any pool, portable or permanent, which is used or intended to be used non-commercially for swimming, bathing or wading. RDNG ACADEMY: An establishment where horses are kept for riding or driving, or are stabled for compensation, or are incidental to the operation of any club, association, ranch, or similar establishment. RGHT-OF-WAY: A strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied or occupied by a road, crosswalk, railroad, electric or telephone transmission lines, oil or gas pipeline, water line, sanitary storm sewer and other similar uses; generally, the right of one to pass over the property of another. RGHT-OF-WAY, STREET: A public thoroughfare for vehicular traffic and/or pedestrian traffic, whether designated as a street, highway, thoroughfare, parkway, road, avenue, boulevard, lane, alley, or however designated. ROADSDE STAND: A structure designed or used for the display or sale of neighborhood agricultural products or other goods produced on the premises upon which,such a stand is located. RUNOFF: The surface water discharge or rate of discharge of a given watershed after a fall of rain or snow that does not enter the 'soil but runs off the surface of the land. SALVAGE YARD: Any establishment or place of business which is maintained, used or operated for storing, keeping, buying or selling salvage. The term shall not include: (a) a scrap metal processing facility; (b) any tract or lot adjacent to a manufacturing or processing business where salvage is stored on an interim basis pending the final disposition of the same in the normal operation of such business; (c) lots maintained by a dealer (as defrned by the State Vehicle Code); (d) salvage, all of which is stored or accumulated inside a wholly self-enclosed building or other structure. SATELLTE DSH See definition ANTENNA, SATELLTE DSH. SCHOOL: Any place offering instruction in any branch of knowledge under the supervision of the Commonwealth of Pennsylvania or a lawfully constituted ecclesiastical governing body, person, partnership, or corporation meeting the requirements of the Commonwealth of Pennsylvania. SCHOOL, NURSERY (DAY CARE CENTERS): A facility, not in a private residence, enrolling four (4) or more children no more than five (5) years of age and where tuition, fees, or other forms of compensation for the instruction and care of the children is charged. Such facility shall employ licensed personnel and shall be licensed by the Commonwealth of Pennsylvania. 2-20

25 SCREEN PLANTNG: A vegetative material of sufficient height and density to conceal from the view of property owners in adjoining residential districts the structures and uses on the premises on which the screen planting is located. SEDMENTATON. The process by which mineral or organic matter is accumulated or deposited by moving wind, water, or gravity. Once this matter is deposited (or remains suspended in water), it is usually referred to as "sediment." SHOPPNG CENTER: A group of stores planned and designed to function as a unit for the lot on which it is located, with off-street parking provided as an integral part of the unit. SGHT DSTANCE: The length of roadway visible to the driver of a vehicle at any given point on the roadway when the view is unobstructed by traffic. SGN Any structure or device for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public. SGN, ADVERTSNG A sign intended for the painting, posting or otherwise displaying of information inviting attention to any product, business, service or cause not located on, or related to, the premises on which the sign is situated. SGN, BUSNESS: A sign which directs attention to a use conducted, product or commodities sold, or service performed, upon the premises. SGN, )ENTFCATON: A sign or name plate, indicating the name of noncommercial buildings or occupants thereof, or descn'bing the use of such buildings; when displayed at a residence, indicating a home occupation legally existing there. SGN, NONCONFORMNG Any sign lawfully existing on the effective date of an ordinance, or an amendment thereto, which renders such sign nonmnhrming because it does not conform to all the standards and regulations of the adopted or amended Ordinance... SGN, OFF-PREMSE ADVERTSNG: A sign, including billboards, intended for the painting, posting or otherwise displaying of information and inviting attention to any product, business, service or cause not located on or related to the premises on which the sign is situated. SGN, REAL ESTATE: A sign relating to the property upon which it is located, offering such property for sale or lease; announcing improvements or changes in connection therewith, and warnings, or other similar notices concerning such property. SGN, SERVCE A sign which in incidental to a use lawfully occupying the property upon which the sign is located and the sign is necessary to provide information to the public such as direction to parking lots, location of rest rooms, or other such pertinent facts. 2-2

26 SGN, TEMPORARY: A temporary sign shall be construed to mean any sign, banner, cardboard or other material canying an advertisement or announcement, which is displayed or intended to be displayed for a period not exceeding ordinance requirements. SGN, WALL A sign painted on or affied to and paralleling the outside wall of a building, and extending not more than twelve (2) inches from such wall. STE DEVELOPMENT PLAN: A scaled graphical depiction of the proposed development of a lot, parcel or tract of land describing all covenants assigned, as well as accurately depicting the use, location, and bulk of all buildings and structures, intensity of use or density of development, streets, driveways, rights-of-way% easements, parking facilities, open space, public facilities and utilities, setbacks, height of buildings and structures, and other such data necessary for municipal officials to determine compliance with this Ordinance and appropriate provisions of other such ordinances, as they may apply. SOLAR ACCESS: A property owner's right to have the sunlight shine on hisher land SOLAR SKYSPACE The space between a solar energy collector and the sun which must be free of obstructions that shade the collector to an extent which precludes its cost-effective operation, SOLAR SKYSPACE EASEMENT: A right, expressed as an easement, covenant, condition, or other property interest in any deed or other instrument executed by or on behalf of any landowner, which protects the solar skyspace of an actual, proposed, or designated solar energy collector at a described location by forbidding or limiting activities or land uses that interfere with access to solar energy. SPECAL EXCEPTON The Zoning Hearing Board shall hear and decide requests for special exceptions in accordance with standards and criteria established by. the governing body and applicable law. n granting a special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards, in addition to those expressed in the Zoning Ordinance, as it may deem necessary to implement the purpose of the Pennsylvania Municipalities Planning Code, Act 247, as amended, and the Zoning Ordinance. STABLE, PRVA'E An accessory building in which horses are kept for private use and not for hire, remuneration, exhibition, or sale. STABLE, PUBLC. A building in which any horse is kept for remuneration, hire, exhibition, or sale. STORAGE FACLTY: A structure intended for lease for the sole purpose of storing household goods, motor vehicles, or recreational equipment. 2-22

27 STORY: That portion of any building included between the surface of any floor and the surface of the next floor above it, or if there is not floor above it, then the space between such floor and the ceiling next above it. a STORY, HALF: A story under a gabled, hipped, or gambreled roof, the wall plates of which on at least two (2) opposite exterior walls, are not over three (3) feet above the finished floor of such story. STREET: ncludes street, avenue, boulevard, road, highway, freeway, parkway, lane alley viaduct and any other ways used or intended to be used by vehicular traffic or pedestrians whether public or private. STREET, CUL-DE-SAC A street intersecting another street at one end and terminating at the other in a vehicular turnaround. STREET GRADE The officially established grade of the street upon which a lot fronts or in its absence the established grade of the other streets upon which the lot abuts, at the midpoint of the frontage of the lot thereon. f there is no officially established grade, the existing grade of the street at such midpoint shall be taken as the street grade. STREET LNE The dividing line between the street and the lot, also known as the right-ofway line. STREET WDTH The distance between street lines measured at right angles to the center line of the street. STRUCTURE: Any object having an ascertainable stationary location on or in land or water, whether or not affixed to the land. 8 4 STRUCTURE, TEMPORARY A structure without any foundation or footings and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased. STRUCTURE, NONCONFORMNG. A structure or part of a structure manifestly not designed to comply with the applicable 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 reasons of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs. SUBDVSON (See LAND DEVELOPMENT): The division or redivision of a lot, tract or parcel of land by any means into two (2) or more lots, tracts, parcels, or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, transfer of ownership or building or lot development. The subdivision by lease of land for 2-23

28 agricultural purposes into parcels of more than ten (0) acres, not involving any new street or easement of access or residential dwellings, shall be exempted. SUBSTANTALLY COMPLEXED: Where, in the judgment of the municipal engineer, at least ninety (90) percent (based on the cost of the required improvements for which financial security was posted) of those improvements required as a condition for final approval have been completed in accordance with the approved plan, so that the project will be able to be used, occupied or operated for its intended use. SURFACE DRANAGE PLAN: A plan showing all present and proposed grades and facilities for storm water management. SWALE A low lying stretch of land characterized as a depression used to carry surface water runoff. SWMMNG POOL A water-filled enclosure, permanently constructed or portable, having a depth of more than eighteen (8) inches below the level of the surrounding land, or an abovesurface pool, having a depth of more than thirty (30) inches, designed, used and maintained for swimming and bathing. TOWNSHP: West Pennsboro Township, Cumberland County, Pennsylvania. TRANSFORMER SUBSTATON: An electric substation containing an assemblage of equipment for the purpose other than generation or utilization, through which electrical energy in bulk is passed for the purpose of switching and modifying its characteristics to meet the needs of the general public. UNDEVELOPED LAND: Any lot, tract or parcel of land which has not been graded or in any other manner prepared for the construction of a building. USE The specific purpose for which land or a building is designated, arranged, intended, or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use. USE, NONCONFORMNG: See definition NONCONFORMNG USE. USE, PRNCPAL The primary or predominant use of any lot. USE, TEMPORARY A use established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period. 2-24

29 VARANCE The permission granted by the Zoning Hearing Board for an adjustment to some regulation which if strictly adhered to would result in an unnecessary physical hardship; where the permission granted would not be contrary to the public interest; and where the use would maintain the spirit and original intent of the Ordinance. VEGEX'ATVE COVER Shall consist of trees, shrubs, flowers, grass, ground or bank cover or suitable pervious decorative substitute. WATERCOURSE A stream of water, river, brook, creek or a channel or ditch for water whether natural or man-made. YARD: An unoccupied space, outside the building setback lines, other than a court, open to the sky and on the Same lot with a building or structure. YARD, BUFFER: A strip of required yard space adjacent to the boundary of a property or district, not less than the width designated in this Ordinance, and on which is placed (planted) year-round shrubbery, hedges, evergreens, or other suitable plantings of sufficient height and density to constitute an effective screen and give maximum protection and immediate screening to an abutting property or district and may include a wall, as provided for in this Ordinance. YARD, EXTEROR: An open, unoccupied space between the buildings of a dwelling group or its accessory building and the project boundary or street line. YARD, FRONT: An open unoccupied space on the Same lot with a main building, extending the full width of the lot and situated between the street line and the building front setback line projected to the side lines of the lot. The depth of the front yard shall be measured between the front building setback line and the street line. Covered porches whether enclosed or unenclosed, shall be considered as part of the main building and shall not project into a required front yard. YARD, NTENOR: An open, unoccupied space between the buildings of a dwelling group or its accessory buildings, and not a front, side, or rear yard YARD, REAR: An open unoccupied space on the same lot with a main building, extending the full width of the lot and situated between the rear line of the lot and the rear building setback line projected to the side lines of the lot. The depth of the rear yard shall be measured between the rear line of the lot and the rear building setback line. A building shall not extend into the required rear yard. YARD, SDE. An open unoccupied space on the same lot with the building situated between the building and the side line of the lot and extending from the front yard to the rear yard. Any lot line not a rear line or a front line shall be deemed to be a side line. A building shall not extend into the required side yards. 2-25

30 ZONNG The demarcation of the Municipality into zones or areas, and the application of this Ordinance to establish regulations to govern the use of the land, including the control of location, bulk, height, shape, use and coverage of structures within each zone in accordance with the purposes as given in Section 604 of the Pennsylvania Municipalities Planning Code. ZONNG HEARNG BOARD: A group of three (3) West Pennsboro Township residents appointed by the governing body as required by the Pennsylvania Municipalities Planning Code, Act No ZONNG MAP. The map setting forth the boundaries of the Zoning Districts of the Borough which shall be part of this Ordinance. ZONNG OFFCER The duly constituted municipal official designated to administer and enforce this Ordinance. The Zoning Officer shall administer the Zoning Ordinance in accordance with its literal terms. ZONNG PERMrl': A statement signed by the Zoning Officer indicating an application for permission to construct, alter, erect a building, structure or to use land has been approved and is in accordance with the provisions of this Ordinance. 2-26'

31 ARTCLE 3 ESTABLSHMENT OF ZONNG DSTRCTS AND MAP Section 30. ZONNG DSTRCTS. For the purpose of this Ordinance, the Township is hereby divided into districts which shall be designated as follows: "A" AGRCULTURAL DSTRCT "R-". RESDENTAL DSTRC' (AW DENSTY) "R-2" RESDENTLAL DSTRCT (MEDUM-HGH DENSTY) "C" COMMERCAL DSTRCT "L" NDUSWAL DSTRCT (LGHT NDUSTRAL) "CF' CONSERVATON AND FLOODPLAN MANAGEMENT DSTRCT "V" VLLAGEDSTRC' Section 302. k B. Section 303. ZONNG MAP. The boundaries of the above districts shall be as shown upon the map, attached to and made a part of this Ordinance, which shall be designated "Zoning Map." The map and all the notations, reference and other data shown thereon are hereby incorporated by reference into this Ordinance. The floodplain boundaries in the "CP' District shall serve as an overlay to the "CF" district as shown on the Official Zoning Map, and as specifically described in the Floodway Data Table and one hundred (00) year flood delineation in the Flood nsurance Study (FS) prepared for the Township by the Flood nsurance Administration (FL9) dated February 7,975. The study and accompanying maps all notations, reference and other data shown thereon are hereby incorporated by reference into this Ordinance. NTERPRETATON OF DSTRCT~BOUNDARES When uncertainty exists as to the boundaries of the districts as shown on the Zoning Map, the following rules shall apply: A. Boundaries indicated as approximately following the centerlines of streets, highways or alleys shall be construed to follow such centerlines. B. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines. C. Boundaries indicated as approximately following municipality limits shall be construed as following municipality limits. 3-

32 D. E. F. G. Boundaries indicated as following the centerlines of streams, rivers or other bodies of water shall be construed to follow such centerlines. Boundaries indicated as parallel to, or extensions of, features indicated in subsections A through D above shall be so construed. Distances not specifically indicated on the official Zoning Map shall be determined by the scale of the map. When physical or cultural features existing on the ground are at variance with those.shown on the official Zoning Map or in circumstances not covered by Subsections A through D above, the Zoning Hearing Board shall interpret the district boundaries. When A, R-, R-2, C, Ll, CF, and V boundary lines divide a lot held in single and separate ownership at the effective date of the Ordinance, the regulations of either abutting district may be construed by the owner to be applicable to the portion of such lot in the other abutting district for a distance of not more than one hundred (00) feet beyond the District Boundary Line. 3-2

33 ARTCLE 4 AGRCULTURAL DSTRCT (A) Section 40. NENT. Consistent with the general purposes of this Zoning Ordinance, the Future Land Use Plan, and the goals and objectives of the West Pennsboro Township Comprehensive Plan, the specific intent of this ARTCLE is to preserve and maintain the Township's valuable farmland by allowing less intensive development to OCCUT within the designated "A" boundary lines. Agricultural land is considered a non-replaceable resource within the Township, which, if lost, is not reclaimable once it is developed. Agricultural activities are an integral part of the culture and economy of West Pennsboro and are, therefore, deserving of preservation. Provisions within this Article should protect agricultural activities and retain the Township's rural character. Section 402. PERM'XTED USES. n this district no building, farm unit plus accessory structures or land shall be used and no building shall be erected which is arranged, intended to be, or designed to be, used for other than one or more of the following approved uses: A B. C. D. E F. G. H.. Agricultural, horticulture, and forestry uses, including the raising, breeding, and grazing of animals provided that any lot intended to house livestock be a minimum of two (2) acres net lot areawith a maximum of two (2) animals per acre. Additionally, any kennel, stable, pen or similar housing or storage of manure may not be lcicated within the front yard setback or less than thirty feet (30') from any side or rear property line. Farm units and accessory farm-related structures. Single-family detached dwelling units. Farmers' markets and produce stands in accordance with ARTCLE 2, Section 204. Churches or similar places of worship, including a parish house, manse, parsonage, or convent. Cemeteries. Public or semi-private recreation areas when not operated to gain or profit. Municipal buildings. Necessary municipal and public utility structures and buildings in accordance with ARTCLE 2, Section

34 J. Accessory uses on the same lot with, and customarily incidental to, any of the above permitted uses in accordance with ARTCLE 2, Section 20. K. Grange halls and buildings for agricultural oriented groups. L Golf courses and country clubs. Section 403. CONDTONAL USES. Conditional uses in this district may be allowed or denied by the governing body pursuant to public notice and hearing, after recommendations by the Planning Commission, pursuant to the express standards and criteria set brth in ARTCLE 2 in this ordinance, as follows: A B. c. D. E. F. G. H.. J. Home occupations in accordance with regulations in ARTCLE 2, Section 205. Agriculturally oriented commercial establishments such as farm implement dealers, feed mills and similar businesses and support services in accordance with regulations in ARTCLE 2, Section 23. Nursery, lawn and garden equipment and supplies sales and service in accordance with regulations in ARTCLE 2, Section 23. Commercial Kennels'in accordance with regulations in ARTCLE 2, Section 2. Camps or campgrounds in accordance with regulations in ARTCLE 2, Section 20. Commercial Riding Stables in accordance with regulations in ARTCLE 2, Section 22. Veterinary offices and animal hospitals or clinics and shall be in accordance with ARTCLE 7 - Lot Requirements, ARTCLE 4, Section 40 and ARTCLE 5. Bed and breakfast establishments in accordance with ARTCLE 2, Section 202. Storage of Materials and Equipment in accordance with ARTCLE 2, Section 25. Public or private schools and related educational facilities. Section 404. in excess of fifty (50) feet except for silos. BULDNG HEGHT REGULATONS. No building shall be erected to a height 4-2

35 Section 405. LOT AREA AND WDTH REGULATONS. A. B. Minimum d Area shall be no less than two 2 acres. Minimum Tat Width at the minimum building setback lin two hundred (200) feet. shall b less than Section 406. LOT COVERAGE REGULATONS. Principal buildings and accessory buildings or structures including building and impervious surface coverage shall not be more than twentyfive (=%) percent of the total lot area. To the greatest extent possible, soils of Prime and Statewide significance, as defined and delineated by the USDA Soils Conservation Service, shall not be covered by structures or impervious materials. Section 407. YARD REGULATONS. Yards of the following minimum depths and widths shall # be provided. A. B. C. Minimum front yard depth shall be sixty (60) feet, as measured from the street right-of-way upon which it abuts. Minimum side yard width shall be thirt (30) feel.. Minimum nar yard depth shall be fifty (50) feet from the r& property line. See ARTCLE 2, Section 207, for other yard regulations. Section 408. OFF-STREET PARKNG REGULATONS. Off-street parking shall be provided in accordance with the provisions of ARTCLE 5. Section 409. HGHWAY (ROADWAY) ACCESS REGULATONS. Regulations limiting access driveways for permitted uses shall be provided in accordance with provisions of ARTCLE 2, Section 209. c 4-3

36 ARTCLE 5 RESDENTAL DSTRCT LOW DENSTY (R-) i u Section 50. NTENT. Consistent with the general purposes of this Zoning Ordinance, the Future Land Use Plan, and the goals and objectives of the West Pennsboro Township Comprehensive Plan, the specific intent of this Article is to pennit the establishment of a lowdensity residential area served or to be served by public water and sewer services. This district shall provide protection of these residential communities from commercial and industrial intrusion. The predominant type of residential unit shall be single-family detached dwelling units. Section 502. PERMTED USES. n the district no building or land shall be used, and no building shall be erected which is arranged, intended to be, or designed to be, used for other than one or more of the following approved uses. A. Single-family detached dwelling units. B. Churches or similar places of worship, including a parish house, manse, parsonage, or Convent.! C. Public and private schools for the educational needs of the community when not conducted for profit, including accessory residential units. D. Private or semi-private recreation areas when not operated for gain or profit. E. Accessory uses on the same lot with, and customarily incidental to, any of the above permitted uses in accordance with ARTCLE 2, Section 20. Section 503. CONDTONAL USES. Conditional uses in this district may be allowed or denied by the governing body pursuant to public notice and hearing, after recommendations by the Planning Commission, pursuant to the express standards and criteria set forth in ARTCLE 2 in this ordinance, as follows: ' A. Bed and breakfast in accordance with ARTCLE 2, Section 202. B. Home occupation in accordance with ARTCLE 2, Section 205. C. Necessary municipal and public utility structures and buildings in accordance with ARTCLE 2, Section 206. D. Storage of recreational vehicles in accordance with ARTCLE 2, Section

37 Section 504. BULDNG HEGHT REGULATONS. No building shall be erected to a height. in excess of thirty-five (35) feet unless otherwise specified. Section 505. LOT AREA AND WDTH REGULATONS. A. Minimum h t Area shall be no less than sixty thousand (60,000) square feet without public sewer and water services and fifteen thousand (5,000) square feet with these services. B. Minimum Lot Width at the building line shall be no less than one hundred (00) feet for sewered areas and one hundred fifty (50) feet for lots containing on-lot disposal systems. Section 506. UT COVERAGE REGULATONS. Residential, nonresidential and accessory buildings, including building coverage and impervious surfaces, shall not cover more than thirty (30%) percent of the total lot area for nonsewered areas and forty (40%) percent for sewered areas. Section 507. YARD REGULATONS. Yards of the following minimum depths and widths shall be provided. A. '. B. C. Minimum front yard depth shall be forty (40) feet for Sewered Areas and fifty (50) feet for Nonsewered Areas. Minimum side yard width shall be fifteen (5) feet for Sewered'keas and twenty (20) feet for Nonsewered Areas. Minimum rear yard depth shall be thirty (30) feet for Sewered Areas and fifty (50) feet for Nonsewered areas. See ARTCLE 2, Section 207, for other yard regulations. Section 508. OFF-STREET PARKNG REGULATONS. Off-street parking shall be provided in accordance with the provisions of ARTCLE 5. Section 509. HGHWAY (ROADWAY) ACCESS REGULATONS. Regulations limiting access driveways for permitted uses shall be provided in accordance with provisions of ARTCLE 2, Section

38 ARTCLE 6 RESDENTAL DSTRCT (MEDUM TO HGH DENSTn ( R-2) Section 60. NTENT. Consistent with the general purposes of this Zoning Ordinance, the Future Land Use Plan, and the goals and objectives of the West Pennsboro Township Comprehensive Plan, the specific intent of this Article is to permit the establishment of medium to higher density residential areas served or to be served by public water and sewer services. This district is planned to provide the Township with a diversity of housing types and values. The R-2 District, with established design standards, will avoid undue traffic congestion on the streets, provide for public convenience, and create harmony with adjoining residential uses. Section 602. PERMTED USES. n the district no building or land shall be used, and no building shall be erected which is arranged, intended to be, or designed to be, used for other than one or more of the following approved uses: A. B. c D. E. E G. H.. J. Single-family detached and semi-detached dwellings (See Exhibit for description). Single-family attached dwellings (Townhouses) (See Exhibit for description). Two-family detached 'dwellings (See Exhibit for description). Multi-family dwellings, conversion apartment dwellings, apartment units and accessory apartment dwellings. Churches or similar places of worship, including a parish house, manse, parsonage, or convent. Public and private schools for the educational needs of the community when not conducted for gain or profit, and including accessory residential uses. Elderly housing and care facilities, assisted or shared living residences, convalescent homes, accessow apartments, elderly cottages, personal care facilities and group homes. Municipal parks, playgrounds and recreation areas including municipal and private pools, ballfields with accessory structures and utilities, pavilions for public or private uses. Public utility facilities in accordance with ARTCLE 2, Section 206. Accessory uses on the same lot with and customarily incidental to any of the above permitted uses in accordance with ARTCLE 2, Section

39 Section 603. CONDTONAL USES. Conditional uses in this district may be allowed or denied by the governing body pursuant to public notice and hearing, after recommendations by the Planning Commission, pursuant to the express standards and criteria set forth in ARTCLE 2 in this ordinance, as follows: A. Home occupations shall be in accordance with ARTCLE 2, Section 205. B. Day care centers in accordance with ARTCLE 2, Section 24. C. Storage of recreational vehicles in accordance with ARTCLE 2, Section 25. Section 604. BULDNG HEGHT LMT. No building shall be erected to a height in excess of thirty-five (35) feet and the height may not be increased unless otherwise specified. Section 605. LOT AREA, WDTH COVERAGE AND YARD REGULATONS k Residential Uses. The minimum lot area per dwelling unit, minimum lot width at the building setback line, maximum lot coverage and yard requirements shall be not less than indicated on the table below. 2. Development of ten (0) residential lots or more on existing open or vacant lots must comply with Landscaping and Screen Planting Regulations in ARTCLE. B. All multi-family, apartment conversion and cluster developments are subject to parking regulations in ARTCE 5, Section 502. C. A minimum tract size of five (5) Acres is required for Townhouse developments and a minimum of three (3) and maximum of six (6) Townhouse units shall be permitted in a group of Townhouses. D. A minimum of four (4) and maximum of twelve (2) Garden Apartment Units shall be permitted in a group of Garden Apartments. E. Spacing between Multi-family dwelling unit structures shall be no less than sixty (60) feet and must comply with the Landscaping and Screen Planting Regulations in ARTCLE. 6-2

40 ~ - 8 SEWERED Dwelling Unit Type ~~ ~ ~ Single Family Detached Single Family Semi- Detached (Double) Two Family Detached (Duplex) Single Family Attached (J ownhouse) Two Family Semi- Detached Lot Area/DU Sq.Ft.or Ac. LQt Width Max. mp. Cover l2,ooo Sq-Ft. 90 Ft. 50 % 2,000 Sq.Ft. 90 Ft. 50% 2,000 Sq.Ft. 90 Ft. 50 % 5 duac. 90 Ft. 50 % 8 du/ac. 90 Ft. 50 % Multi-Family Duplex 8 duac. 9OFt. 50 % Garden Apartments 30 Ft. 0 Ft. 30 Ft. 30 Ft. 0 Ft. 30 Ft. 30 Ft. 0 Ft. 30 Ft. Lot AmDU Lot Width Max. Front Side Rear Dwelling Unit Type Sq.Ft. or Act mp.cov. Yard Yard Yard Single Family 60,000 Sq.Ft 50 Ft. 30Ft. 50Ft. 20Ft. 5OFt. Detached Single Family Semi- 60,000 Sq.Ft. 50 Ft. 30Ft. 50Ft. 20Ft. 50 Ft. Detached (Double) Two Family 60,000 Sq.Ft. 50 Ft. 30Ft. 50Ft. 2OFt. 5OFt. Detached(Dupex) Single Family NA NA NA N/A N/A NA Attached-Townhouse Two Family Semi- N/A NA N/A N/A NA NA Detached Multi-Family Duplex NA NA NJA NA N/A NA Garden Apartments L V/A means not allowed in the K-Z Uutrict 6-3 Front Side Rear Yard Yard Yard OFt. 30Ft. 0 Ft. 30 Ft. 30 Ft. 0 Ft. 30 Ft.

41 E Non-residential Uses. Minimum lot area shall be twenty-five thousand (25,000) square feet for sewered areas and sixty thousand (60,000) square feet for nonsewered areas. 2. Minimum lot width measured at building line shall be one hundred (00) feet for sewered areas and one hundred fifty (50) feet for nonsewered ' areas. 3. Lot coverage including building coverage and impervious surface coverage shall not exceed fifty (50%) percent. 4. Vegetative coverage must comply with Landscaping Regulations in ARTCLE. G. Where the R-2 district abuts a neighboring district a buffer yard shall be required in addition to the yards specified in the above tables. The buffer yard shall be no less than twenty (20) feet for the R- District and forty (40) feet for the A, and CF Districts and thirty (30) feet for the C and V Districts. Buffer yards shall be subject to the Landscaping and Screen Planting Regulations in ARTCLE. The width of any street, road or service drive shall not be considered in determining the width of the required yard. Off-street parking is prohibited in the buffer. See ARTCLE 2, Section 207, for other yard and buffer yard regulations. Section 606. SCREEN PLANTNG. A screen planting strip (area(s)) shall be required (Refer to ARTCLE ) along front, side and rear property lines for Two-family detached, Multi-family dwellings, Apartment Conversions of four (4) or more dwellings and all non-residential uses. Section 607. OFF-STREET PARKNG. Off-street parking shall be provided in accordance with the provisions of ARTCJ3 5. Section 608. HGHWAY (ROADWAY) ACCESS REGULATONS. Regulations limiting access driveways for permitted uses shall be provided in accordance with provisions of ARTCLE 2, Section

42 r a R ARTCLE 7 COMMERCAL DSTRCT CC) Section 70. NTENT. Consistent with the general purposes of this Zoning Ordinance, the Future Land Use Plan, and the goals and objectives of the West Pennsboro Township Comprehensive Plan. The specific intent of this Article is to provide reasonable standards for the development of a variety of commercially-oriented uses in areas considered most suitable. Due to the character of the undeveloped land, this District will provide standards designed to minimize traffic congestion on the local street system, and improve the general landscape through screening and open space regulations while providing for public conveniences and business opportunity. The Township hopes to create an active business center compatible with adjacent land uses or districts. Section 702. PERMTED USES. n this district no building or land shall be used, and no building shall be erected which is arranged, intended to be, or designed to be, used for other than one or more of the following approved uses: A. B. C. D. E. F. G. H. Churches or similar places of worship, including a parish house, manse, parsonage, or convent. Public and private schools for the educational needs of the community when not conducted for gain or profit, and including accessory residential uses. Elderly housing and care -facilities, assisted or shared living residences, convalescent homes, accessory apartments, elderly cottages, personal care facilities and group homes. Municipal parks, playgrounds and recreation areas including municipal and private pools, ballfields with accessory structures and utilities, pavilions for public or private uses. Public utility facilities and communications buildings and structures and shall be in accordance with ARTCLE 2, Section 206. Day care centers and shall be in accordance with ARTCLE 2, Section 24. Amusement enterprises including theaters, bowling alleys, skating rinks, miniature golf courses, or similar uses. Department, variety stores, and stores for retailing of beverages, drugs, gas, hardware, bakery products, clothing, household appliances, furniture, sporting goods, hobbies, toys, and gasoline. 7-

43 . J. K L M. N. 0. P. Q. R. S. T. U. V. W. Personal service establishments including barber and beauty shops, tailors, dry cleaning, self-service laundries. Banks, other financial institutional businesses, and professional offices. Manufacturing of pottery and other ceramics products. Printing and newspaper publishing. Laboratories. Hotels and motels. Restaurants or food selling establishments. Car sales and service. Medical and dental clinics and laboratories. Construction and farming equipment, sales, and service. Dance or music or art studios. Commercial recreation facilities (public or private). Public libraries and museums. Nursery, greenhouses, lawn and garden equipment, supplies and service and shall be in accordance with ARTCLE 2,.Section 23. Accessory buildings and customarily incidental permitted uses in accordance with ARTCLE 2, Section 20. Section 703. CONDTONAL, USES. Conditional uses in this district may be allowed or denied by the governing body pursuant to public notice and hearing, after recommendations by the Planning Commission, pursuant to the express standards and criteria set forth in ARTCLE 2 in this ordinance, as follows: A. B. Home occupations shall be in accordance with ARTCLE 2, Section 205. Storage of materials and equipment and/or recreational vehicles in accordance with ARTCLE 2, Section 25. a

44 Section 704. BULDNG HEGHT REGULATONS. No building shall be erected to. a height in excess of forty (40) feet unless otherwise specified. Section 705. LOT AREA AND WDTH REGULATONS. k A minimum lot area for on-lot septic and well shall be sixty thousand (60,000) square feet. B. Where public sewer and water services are available, the minimum lot area shall be determined on the basis of yard, off-street parking, loading and unloading, and coverage standards, but shall be no less than thirty thousand (30,000) square feet. C. Minimum lot width measured at the building setback line shall be no less thin one hundred (00) feet for sewered areas and one hundred fifty (50) feet for nonsewered areas. Section 706. LOT COVERAGE REGULATONS. A. h t coverage including building and impervious surface coverage shall not exceed fifty (50%) percent. B. Minimum vegetative coverage shall comply with the Landscaping and Screen Planting Regulations in ARTCLE. Section 707. YARD REGULATONS. Yards of the following minimum depths and widths shall be provided. A. B. C. D. Minimum front yard depth shall be forty (40) feet for Sewered Areas and fifty (SO) feet for Nonsewered Areas. Minimum side yard width shall be fifteen (5) feet for Sewered Areas and twenty (20) feet for Nonsewered Areas. Minimum rear yard depth shall be thirty (30) feet for Sewered Areas and fifty (SO) feet for Nonsewered areas. Where the C District abuts a neighboring district, or use in a neighboring district or municipality adjoins the C District, a buffer yard shall be required in addition to the yards specified in the above Section 707. The buffer yard shall be no less than fifty (SO) feet for the A and CF Districts, forty (40) feet for the R-2, thirty (3) for the V, and twenty (20) feet for the L District and shall be subject to Landscaping and Screen Planting Regulations in ARTCLE. The width of any street, road or service drive shall not be considered in determining the width of 7-3

45 the required yard. Off-street parking is prohibited in the buffer. See ARTCLE 2, Section 207, for other yard and buffer yard regulations. E. See ARTCLE 2, Section 207, for other yard regulations. Section 708. SCREEN PLANTNG. A screen planting strip (area(s)) shall be required (Refer to ARTCLE ) along the front, side and rear property lines for Multi-family dwelling units and all nonresidential land uses. Section 709. OFF-STREET PARKNG. Off-street parking shall be provided in accordance with the provisions of ARTCLE 5. Section 70. HGHWAY (ROADWAY) ACCESS REGULATONS. Regulations limiting access driveways for permitted uses shall be provided in accordance with provisions of ARTCLE 2, Section 209. i m i U 8

46 ARTCLE 8 NDUS'RAL (LGHT - NDUSTRAL) DSTRCT (Lo Section 80. NTENT. Consistent with the general purposes of this Zoning Ordinance, the Future Land Use Plan, and the goals and objectives of the West Pennsboro Township Comprehensive Plan, the specific intent of this Article is to expand the Township's economic base through permitted industrial development and provide for a range of limited-industrial uses. A primary goal of this district is to provide new employment opportunities, while preserving the integrity of adjacent land uses. Section 802. PERMTED USES. n the district no building or land shall be used, and no building shall be erected which is arranged, intended to be, or designed to be, used for other than one or more of the following approved uses: A. B. C. D. E. F. G. H.. J. K. L Agricultural and horticultural activities including the raising, breeding and grazing of animals, when part of a farming operation. A single-family dwelling only when accessory and incidental to one or more of the permitted uses. Recycling facility. * Vehicle salvage yard, body shops, painting, tire retreading and or recapping. Bottling works. Bookbinding. Machine shops. Metal fabrication and forging. Manufacture of metal dies. Distribution plants and other sewice industries. Wholesale business, warehousing, and other storage plants. Carpenter, cabinet making, furniture repair and upholstery, electrician, tinsmith, plumbing and metal working shops. 8-

47 M. N. 0. P. Q. R. The manufacturing, compounding, processing or treatment of such products as bakery goods, candy, cosmetics, dairy products, drugs, pharmaceutical and food products, yeast and the rendering of fat and oils. The manufacturing of wood products. Printing and newspaper publishing. Laboratories. Public utility and communications buildings and structures in accordance with ARTCLE 2. Customary accessory uses and buildings incidental to any permitted use in accordance with ARTCLE 2, Section 20. Section 803. CONDTONAL USES. Conditional uses in this district may be allowed or denied by the governing body pursuant to public notice and hearing, after recommendations by the Planning Commission, pursuant to the express standards and criteria set forth in ARTCLE 2 in this ordinance, as follows: A. Public utility in accordance with ARTCLE 2, Section 206. B. Storage of materials and equipment in accordance with ARTCLE 2, Section Section 804. BULDNG HEGHT REGULATONS. No building shall be erected to a height in excess of forty (40) feet unless otherwise specified Section 805. LOT AREA AND WDTH REGULATONS. A. Minimum ]Lot Area shall be no less than sixty thousand (60,000) square feet. B. Minimum nt Width at the minimum building setback line shall be no less than two hundred (200) feet for non-residential uses and one hundred fifty (50) feet for an accessory,single-family dwelling use. Section 806. LOT COVERAGE REGULATONS. A. Principal buildings and accessory buildings or structures including building and impervious surface coverage shall not be more than fifty (50%) percent of the total lot area, 8-2

48 B. At least fifteen (5%) percent of the total lot area shall be maintained with vegetative coverage and must comply with the Landscaping and Screen Planting Regulations in ARTCLE. Section 807. YARD REGULATONS. Each lot in sewered or unsewered areas shall have front, side and rear yards of not less than the depth and width indicated below: A. Minimum front yard depth shall be fifty (50) feet, as measured from the street right-of-way upon which it abuts. B. Minimum side yard(s) width shall be forty (40) feet. C. Minimum rear yard depth shall be sixty (60) feet. D. Where the District abuts a neighboring district, or use in a neighboring district or municipality adjoins with the District, a buffer yard shall be required in addition to the yards specified in the above section. The buffer yard shall be no less than forty (40) feet for the A, R-, R-2, and V Districts and shall be subject to Landscaping and Screen Planting Regulations in ARTCLE. The width of any street, road or service drive shall not be considered in determining the width of the required yard. Off-street parking is prohibited in the buffer. See ARTCE 2, Section 207, for'other yard and buffer yard regulations. Section 808. SCREEN PUNTNG. A screen planting strip (area(s)) shall be required (Refer to ARTCLE ) along the front, side and rear property lines for Multi-family dwelling units and all Nonresidential land uses. Section 809. OFF-STREET PARKNG REGULATONS. Off-street parking shall be provided in accordance with the provisions of ARTCLE 5. Section 80. HGHWAY (ROADWAY) ACCESS REGULATONS. Regulations limiting access driveways for permitted uses shall be provided in accordance with provisions of ARTCLE 2, Section

49 E ARTCLE 9 CONSERVATON AND FLOODPLAN MANAGEMENT DSTRCT (CF) Section 90. NTENT. Consistent with the general purposes of the Zoning Ordinance, the Future Land Use Plan, and the goals and objectives of the West Pennsboro Township Comprehensive Plan, the specific intent of this district is to achieve the preservation of environmentally sensitive areas such as water supply sources, wildlife, scenic areas, natural resource areas, floodplain areas and storm water drainage channels, while at the same time minimizing impervious surfaces caused by development. Section 902. PERMTTED USES. n the district no building or land shall be used, and no building shall be erected which is arranged, intended to be, or designed to be, used for other than one or more of the following approved uses: A. Single-family detached dwelling units. B. Forest reserves and tree farming. C. Agricultural and farm operations and horticulture activities including the raising, breeding and grazing of animals and the like. D. Agriculture-related activities tied directly to the storage, processing production, and other farm operations using crop and/or livestock by-products and/or farm implements. E. Farm markets in accordance With ARTCLE 2 F. Vineyarh orchards, nurseries and garden crops. Section 903. CONDTONAL USES. Conditional uses in this district may be allowed or denied by the governing body pursuant to public notice and hearing, after recommendations by the Planning Commission, pursuant to the express standards and criteria set forth in ARTCLE 2 in this ordinance, as follows: A. Accessory structures and uses customarily incidental to a permitted use in accordance with ARTCLE 2, Section 20. B. Campground areas in accordance with regulations in ARTCLE 2, Section 20. Campgrounds using sanitary facilities shall locate the treatment facility outside the floodplain area. Regulations for treatment facilities are located in ARTCLE 2, section 206. C. Public utilities in accordance with ARTCLE 2, Section

50 D.. Bed and breakfast establishments in accordance with ARTCLE 2, Section 202. E. Section 904. District. k B. Wastewater treatment facilities. PROHBTED USES. The uses described below are not permitted in the CF The storage of manure pits in areas considered floodway, floodftinge or floodplain. Uses listed in sections 95.B.2.(d). and 98. Section 905. BULDNG HEGHT REGULATONS. No building shall be erected to a height in excess of thirty-five (35) feet with the exception of barns and silos. m Section 906. LOT AREA AND WDTH REGULATONS. A. B. Minimum lot area shall be no less than three (3) Acres. Minimum lot width at the minimum building setback line shall be no less than three hundred (300) feet. Section 907. LOT COWRAGE REGULATONS. Principal buildings and accessory buildings or structures, including building and impewious surface coverage shall not be more than ten (0%) percent of the total lot area. To the greatest extent possible, soils of Prime and Statewide significance, as defined and delineated by the USDA Soils Conservation Service, shall not be covered by structures or impervious materials. Section 908. YARD REGULATONS. Yards of the following minim- be provided. depths and widths shall k B. C. Minimum front yard depth shall be fifty (SO) feet, as measured from the street right-of-way upon which it abuts. Minimum side yards width shall be fifty (50) feet. Minimum rear yard depth shall be one hundred (00) feet from the rear property line. See ARTCLE 2, Section 207, for other yard regulations. Section 909. OFFSTREET PARKNG REGULATONS. Off-street parking shall be provided in accordance with the provisions of ARTCLE

51 P 4 n E Section 90 GENERAL FLOOD PLAN MANAGEMENT PROVSONS Purpose. This district will help prevent the loss of property, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base by: A. Regulating uses, activities and development which, acting alone or in combination with.other existing or future uses, activities and development, will cause unacceptable increases in flood heights, velocities and frequencies. B. Restricting or prohibiting certain uses, activities and development from locating within areas subject to flooding. C. Requiring all those uses, activities and developments that do occur in flood-prone areas to be protected andor flood proofed against flooding and flood damage. D. Protecting individuals from buying lands and structures which are unsuited for intended purposes because of flood hazards. Section 9. APPLCABUTY. The provisions of this Article shall apply to all lands and land developments within West Pennsbom Township which are flood prone or located within the boundary of a flood plain area delineated on the Flood Boundary and Floodway Map prepared by the Federal Emergency Management Agency in conjunction with the United States Department of Housing and Urban Development and the Federal nsurance Agency, dated February 7,975, which map is incorporated herein by reference. Section 92. ABROGATON AND GREATER RESTRCl'ONS. This Article supplements other articles of this Zoning Ordinance. To the extent that this imposes greater requirements or more complete disclosures in any respect, or to the extent that the provisions of this Article are more restrictive, it shall be deemed and interpreted to control other provisions of the Zoning Ordinance and the Township Subdivision and Land Development Ordinance. Section 93. COMPLANCE. No structure or land shall hereafker be used, and no structure shall be located, relocated, constructed, reconstructed, enlarged or structurally altered except in full compliance with the terms and provisions of this Article, and any other applicable ordinances and regulations which apply to uses within the jurisdiction of the Ordinance Section 94. WARNNG AND DSCLAMER OR LABLTY. The degree of flood protection sought by the provisions of this Ordinance is considered reasonable for regulatory purposes, and is based on acceptable engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by manmade or natural causes, such as ice jams and bridge openings restricted by debris. This Ordinance does not imply that land outside the flood plain areas, or that land uses permitted within such areas, will be free from flooding or flood damages. 9-3

52 This Ordinance shall not create liability on the part of West Pennsboro Township, or any officer or employee thereof, for any flood damages that result tom reliance on this Ordinance or any administrative decision lawfully made hereunder. Section 95. ESTABLSHMENT OF FLDOD HAZARD AREAS. A. Basis of Flood Hazard Areas - All land subject to inundation shall be considered a flood hazard area subject to this Article including both flood prone land and land located within the boundary of a delineated flood plain. The basis for the delineated flood plain areas shall be the Flood Boundary and Floodway Map prepared by the Federal Emergency Management Agency Federal nsurance Administration, dated February 7, 975, which map is incorporated herein by reference.. The Floodwav Area fm is delineated for purposes of this Ordinance using the criteria that a certain area within the flood plain must be capable of carrying the waters of the 00-year flood without increasing the water surface elevation of that flood more than one () foot at any point. The Floodway Area is shown on the Flood Boundary and Floodway Map. 2. The Flood-Fringe Area shall be that land located within the delineated 00-year flood plain not included in the Floodway Area. The boundaries of this area shall be as depicted in the Flood Boundary and Floodway Map. 3. The General Flood Plain Area (FA shall be that flood plain area for which no detailed flood profiles or elevations have been provided. They are shown on the Maps accompanying the FA. Where the specific 00-year flood boundary cannot be detennined for this area by the Zoning Officer, using other soufces of data such as the U.S. Army Corps of Engineers, Flood Plain nformation Reports, or U.S. Geological Survey-Flood Prone Quadrangles, then the Zoning Officer may require that the applicant for the proposed use, development or activity determine this boundary in accordance with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, or computations shall be submitted in sufficient detail to allow a thorough technical review by the Township. 4. The Flood Prone Area shall be that land shown by substantial competent evidence to be subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse; and/or any area subject to the unusual or rapid accumulation of surface waters from any source, whether 9-4

53 B. Overlay Concept or not depicted upon the Flood Boundary and Floodway Map. All such Flood Prone Areas shall be subject to the provisions and requirements of this Article.. The Flood Hazard Areas described above shall be shown as an overlay to the existing underlying districts, shown as the green hatched area on the Official West Pennsboro Township Zoning Map, and, as such, the provisions of the Flood Hazard Areas shall serve as a supplement to the underlying district provisions. 2. n the event of any conflict between the provisions or requirements of any of the Flood Hazard Areas and those of any underlying zoning district, the more restrictive provisions shall apply. 3. n the event any provision concerning a Hood Hazard Area is declared inapplicable or illegal as a result of any legislative or administrative actions or judicial decision, the regulations of the underlying district shall remain applicable. C. Flood Plain Boundafi MaD. The boundarks of the floodway, Rood fringe and general flood plain areas shall be as depicted on the Flood Boundary and Floodway Map dated February 7,975. The Flood Boundary and Floodway Map shall be presumed to be accurate and controlling as to the location of the boundaries delineated therein; provided however, that said map shall be subject to amendment in accordance with the procedures hereinafter set forth. D. ntemretation of Flood Hazard Area Boundaries. nitial interpretations of the boundaries of the Flood Plain Areas shall be made by the Zoning Officer by reference to the Flood Boundary and Floodway Map. Should an applicant dispute the boundaries of any of the Areas, or the interpretation of the Zoning Officer, the landowner or other interested party shall file a written appeal to the Zoning Hearing Board setting forth the grounds for relief in detail. The Zoning Hearing Board shall hold a hearing pursuant to public notice, shall make the necessary determination and shall issue its decision in accordance with ARTCLE 8 of this Ordinance. E. Boundarv Changes. The delineation of any of the Flood Plain Areas may be revised by the Board of Township Supervisors where natural or man-made changes have occurred, or more detailed studies are conducted or undertaken by the U.S. Army Corps of Engineers, River Basin Commission, or other qualified agency or individual, and such studies provide the basis for such change. Prior 9-5

54 to any such change, however, the landowner or any other person seeking such change must obtain approval from the Federal nsurance Administration (FJA). Section 96. FLOOD HAZARD AREA REGULATONS. k General. All uses, activities and development occurring within any flood hazard area shall be undertaken only in strict compliance with the provisions of the Ordinance, and with all other applicable codes and ordinances such as the West Pennsboro Township Subdivision and Land Development Ordinance of 969. n addition, all such uses, activities and development shall be undertaken only in compliance with Federal or State law, including Section 404 of the Federal Water Pollution Control Act Amendments of 972 (33 U.S.C. 5334), the Pennsylvania Water Obstructions Act of 93, and the Pennsylvania Floodplain Management Act of 978. Under no circumstances shall any use, activity and/or development adversely Sect the capacity of the channels or floodways of any watercourse, drainage ditch or any other facility or system. No permits shall be issued until this determination has been made. Prior to any proposed alteration or relocation of any stream or watercourse within the Township, any required permit shall be obtained from the Pennsylvania Department of Environmental Resources, Dams and Encroachment Division. Further, documentation shall be submitted substantiating that notification of the proposal has been given to all affected adjacent municipalities. The Federal nsurance Administration and the Pennsylvania Department of Community Affairs shall also be notified in advance of any such alteration or relocation B. Floodwav Area (FW). n the Floodway-Area no development shall be permitted except where the effect of such development on flood heights is fully offset by accompanying improvements which have been approved by all appropriate local and state authorities, as required above.. Permitted Uses - n the Floodway Area the following uses and activities are permitted, provided that they are in compliance with the provisions of the underlying district and are not prohibited by any other ordinance, and provided that they do not require structures, fill or storage of materials and equipment: Agricultural uses, such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, forestry, sod farming and crop harvesting. Public and private recreational uses and activities such as parks, day. camps, picnic grounds, boat launching and swimming areas, hiking and horseback riding trails, wildlife and nature preserves, 9-6

55 game farms, fish hatcheries, trap and skeet game ranges, and hunting and fishing areas. (c) Accessory residential uses such as yard areas, gardens, play areas and porous paving areas. 2. Conditional Uses - Conditional uses in this district may be allowed or denied by the governing body pursuant to public notice and hearing, after recommendations by the Planning Commission, pursuant to the express standards and criteria set forth in ARTCLE 2 in this ordinance, as follows: (c) (d) Structures, except manufactured homes, accessory to the uses and activities mentioned in Section 96.B. above and shall be in accordance with ARTCLE 2, Section 20. Public utilities and public Edcilities and improvements and shall be in accordance with ARTCLE 2, Section 206. Storage of materials and equipment provided that they are not buoyant, contaminating or polluting, flammable or explosive, and are not subject to major damage by flooding, or firmly anchored to prevent flotation or movement, or can be readily removed from the area within the time available after flood warning. Other similar uses and activities provided they cause no increase in flood heights or velocities. All uses, activities and structural deveiopments shall be undertaken in stnd compliance with the floodproofing provisions contained in all other applicable codes and ordinances. C. Flood-Fringe Area (FF). n the Flood-Fringe Area (FF), the development and use of land shall be permitted in accordance with the regulations of the underlying district, provided that all such uses, activities or development sha be undertaken in strict compliance with the floodproofmg and related provisions contained in all other applicable codes and ordinances, and further provided that manufactured homes shall not be permitted in Flood-Fringe Areas. D. General Flood Plain Area (FA). n the General Flood Plain Area (FA) development or use of land shall be permitted in accordance with the regulations of the underlying zoning district, provided that all such uses, activities or development shall be undertaken in strict compliance with floodproofing and related provisions contained in all other applicable codes and ordinances. 9-7

56 E. Flood Prone Area. n the Flood Prone Area development or use of land shall be permitted in accordance with the regulations of the underlying zoning district, provided that all such uses, activities or development shall be undertaken in strict compliance with floodproofing and related provisions contained in all other applicable codes and ordinances. Section 97. CONDTONAL USES AND VARANCES - ADDTONAL FACTORS TO BE CONSDERED. n passing upon applications for Conditional Uses and Variances, all relevant factors and procedures specified in other sections of the Zoning Ordinance and shall consider: A B. C. D. E. F. G. H.. 3. The danger to life and property due to increased flood heights or velocities caused by encroachments. No Conditional Uses or variance shall be granted in any Floodway for any proposed use, development or activity that will cause any increase in flood levels during the 00-year flood. The danger that materials may be swept onto other lands or downstream to the injury of others. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners. The importance of the services provided by the proposed facility to the community. The requirements of the facility for a waterfront location. The availability of alternative locations not subject to flooding for the proposed use. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. The relationship of the proposed use to the comprehensive plan and flood plain management program for the area. The safety of access to the property in times of flood for ordinary and emergency vehicles. 9-8

57 K. The expected heights, velocities, duration, rate of rise and sediment transport of the flood waters expected at the site. L The effect upon the Township Flood nsurance Program. M. Such other factors which are relevant to the purposes of this Ordinance. The Board of Supervisors may refer any application and accompanying documentation pertaining to any request for a conditional uses or variance to any engineer or other qualified person or agency for technical assistance in evaluating the pmpsed project in relation to flood heights and velocities, and the adequacy of the plans for protection and other related matters. Conditional uses permitted by the Board of Supervisors andor variances which shall only be issued after the Zoning Hearing Board have determined that the granting of such will not result in (a) unacceptable or prohibited increased flood heights, (b) additional threats to public safety, (c) extraordinary pubic expense, (a) nuisances, (e) fhud or victimization of the public, (9 jeopardy to the Township Flood nsurance Program, or (g) conflict with local laws or ordinances. Section 98. EXSTNG STRUCTURES N FLOOD PLAN AREAS. A structure or use of a structure or premises which lawfully existed before the enactment of these provisions, but which is not in conformity with these provisions, may be continued subject to the following conditions: A. Existing structures or uses located in any floodway area shall not be expanded or enlarged unless the effect of the proposed expansion or enlargement on flood heights is fully offset by accompanying improvements. i t 3. Any modification, alteration, repair, reconstruction or improvement of any kind to a structure or use located in any flood plain area to an extent or amount of less than fifty (50%) percent of its market value, shall be elevated and/or flood-proofed to the greatest extent possible regardless of its location in the flood plain area. C. The modification, alteration, repair, reconstruction or improvement of any kind to a structure and/or use, regardless of its location in a flood plain area, to an extent or amount of fifty percent (50%) or more of its market value, shall be undertaken only in ful compliance with the provisions of this ordinance and any other applicable ordinances. 9-9

58 Section 99. PROHBTED USES. The following uses shall be prohibited in the Floodway Area (FW), the Flood-Fringe Area (FF), and the general Flood Plain Area (FA): A. Hospitals (public or private).. B. c D. E. Nursing homes (public or private) Jails or Prisons New manufactured home parks and manufactured home subdivisions and substantial improvements to existing manufactured home parks. Any new or substautially improved structure which will be used for the production or storage of any of the following dangerous materials or substances or which will be used for any activity requiring the maintenance of a supply of more than five hundred fifty (550) gallons or other comparable volume or any amount of radioactive substances, or any of the following dangerous materials or substances on the premises: Acetone Ammonia Benzene Calcium carbide Carbon Disulfide Celluloid Ch or i n e Hydrochloric acid Hydrocyanic acid Magnesium Nitric acid and oxibzs of nitrogen Petroleum Products (gasoline, fuel oil, etc.) Phosphorus Potassium Sodium Sulphur and sulphur products Pesticides (including insecticides, fungicides and rodenticides) Radioactive substances, insofar as such substances are not otherwise regulated. Section 920. HGHWAY (ROADWAY) ACCESS REGULATONS. Regulations limiting access driveways for permitted uses shall be provided in accordance with provisions of ARTCLE 2, Section

59 ARTCLE 0 VLLAGE DSTRCT Section 00. NTENT.. Consistent with the general purposes of the Zoning Ordiance, the Future Land Use Plan, and the goals and objectives of the West Pennsboro Comprehensive Plan, the specific intent of this district is to preserve and maintain the quality of living in village areas; maintain the Township's rural character surrounding the village areas; ensure that new land uses within villages are compatible and in character with existing uses; and preserve and enhance historical and natural features within the villages. Section 002. PERBATTED USES. n this district no building or land shall be used, and no building shall be erected which is arranged, intended to be, or designed to be, used for other than one or more of the following approved uses: A. Single-family dwelling units. B. Two-family dwelling units. C. Churches or similar places of worship, including parish houses. D. Community parks. E. Non-residential uses are restricted to consuming a maximum of two thousand (2,000) square feet. All commercial and office uses are limited to location on the ground floor in a multi-story building, such as:. Post office. 2. Municipal buildings. 3. Public and private libraries. 4. Professional services. 5. Day care centers in accordance with ARTCLE 2, Section 24, and group care facilities. Section 003. BULDNG HEGHT REGULATONS. No building shall be erected to a height in excess of thirty-five (35) feet unless otherwise specified Section 004. LOT ARE& COVERAGE, AND WDTH REGULATONS. Lat sizes shall generally reflect existing conditions as closely as possible. 0-

60 A. Residential Uses The minimum lot area per dwelling unit, minimum lot width measured at the street right-of-way line, and maximum lot coverage shall be not less than that indicated below: Dweling Type Single-Family DU Single-Family Semi-Detached Single-Family Attached Two-Family DU Apartment Conversion DU Lot Area (Square Feet) 3,000 2,000 3,000 ]Lot Width (feet) The maximum lot coverage shall not exceed fifty (50%) percent. B. Non-Residential Uses' For a non-residential use, the minimum lot standards shall be as folows:. Lot area shall be based upon existing trends in the Village Area; but, in no instance shall be less than three thousand (3,000) square feet. 2. The maximum lot coverage shall not exceed si-xty (60%) percent with at least ten (0%) percent of the lot area maintained with vegetative cover in accordance with ARTCLE, Section 02.&B,C,F,G, & M. PLANTNG REGULATONS. 3. The minimum lot width shall be measured at the street right-of-way line and shall be a minimum of 30 feet. Section 005. YARD REGULATONS. Yards of the following minimum depths and widths shall be provided A. Minimum front yard depth shall be determined by establishing the average setback distance of buildings constructed adjacent to each side of the lot to be developed.. 0-2

61 B. C. D. Minimum side yard(s) shall be five (5) feet for an interior lot, and not less than fifteen (5) feet for a corner lot, abutting a street or alley. Minimum rear yard depth shall be no less than fifteen (5) feet. Where the Village District abuts a neighboring district, or use in a neighboring district, a buffer yard shall be required in addition to the yards specified in the above section. Buffer yards of thirty (30) feet shall be required and shall be provided in accordance with ARTCLE and ARTCLE 2, Section Buffer Yards. See ARTCLE 2, Section 207, for other yard requirements. Section 006. SGNS. See ARTCX 4, Section 402. Section 007. PARKNG REGULATONS. A. On-street parking shall be included in the calculation of parking spaces for nonresidential land uses. B. C. Common parking lots - Two (2) or more adjacent uses may share a common rear parking lot if the total space provided is proven to be adequate to the Towaship Planning Commission and the Board of Supervisors. Off-street parking shall be on-the same lot or premises or common lot directly adjacent to the principal use and in accordance with ARTCLE 5. Section 008. HGHWAY (ROADWAY) ACCESS REGULATONS. Regulations limiting access driveways for permitted uses shall be provided in accordance with provisions of ARTCLE 2, Section

62 ARTCLE LANDSCAPNG AND SCREEN PLANTNG REGULATONS Section 0. NTENT. The regulations contained in this Article are included in this Ordinance to provide guidelines for land development plans and to include landscaping provisions. The West Pennsboro Township Comprehensive Plan brought out the importance of good landscaping practices to improve the aesthetic quality of every proposed development. A Township goal to maintain and improve the viewshed and scenic value of future development will depend upon Township encouragement and compliance with the regulations. Section 02. LANDSCAPNG AND SCREENNG. Landscaping and screening required by this Article shall meet the following regulations: A. Landscaping and screening: All land development plans, including multi-family, commercial, and industrial, shall be accompanied by a landscaping and screening plan. All landscaping plans shall include:. 2. Proposed contours at five (5) foot intervals. Existing natural features such as trees,grass areas, floodplains, vegetative materials and other flora and fauna located on the site with designation as to those which are to be removed and those which are to remain. 3. hcation, size, spacing, and species of all proposed vegetative materials. 4. Outline of all proposed structures, sidewalks, streets and other paved areas. B. C. D. E. 5. Maintenance provisions for existing and proposed landscaping. The applicant shall be required to notify the Township when all required landscaping and screening is to be in place. Landscaping and screening shall be in place upon project completion. Screening for the purpose of providing a visual barrier shall be composed of plants and trees arranged to reasonably form a complete visual screen within four (4) years of installation. A required screen shall be composed of evergreen trees with the exception of Columnare Arborvitae. Such trees shall be at least four (4) feet in height and should be planted in two (2) staggered rows with a ten (0) foot minimum -

63 distance between trunks of each of the plants measured in one continuous direction (See Exhibit V for examples). F. G. H.. J. K L M. Any area not used for buildings, other structures or paved areas, screening shall be planted with all season ground cover such as grass, bushes, shrubbery, annual and perennial flowers, and other landscaping materials. Existing desirable vegetative materials such as trees shall be preserved wherever possible. All required plant materials shall be well maintained, and any that die within twelve (2) months of installation, shall be replaced by the present owner. Screen planting shall be placed so that, at maturity, it will be not closer than three (3) feet from any street, intersection or property line. The screen planting shall be broken only at points of vehicular or pedestrian access or utility easements prohibiting such planting. All parking areas shall include one () tree for every ten (0) parking spaces. Masonry walls may be used in parking areas as barriers. Softening techniques are encouraged (See Exhibit V for example). Berms are permitted and must be planted in grass (See Exhibit V for examples). All landscaping and/or screen- planting plans will be reviewed by the Planning Commission and are subject to approval by the Board of Supervisors. -2

64 ARTCLE 2 GENERAL REGULATONS The following regulations shall qualify or supplement the district regulations appearing elsewhere in this Ordinance. Section 20. ACCESSORY USE REGULATONS. All accessory uses for each district are subject to the following: A. No accessory building shall be placed closer to the street or front property line on which the principal building fronts. B. An accessory building must be a minimum of ten (0) feet from any lot line. C. No accessory building shall be located within the front yard setback. D. Accessory structures shall not exceed two hundred (ZOO) square feet ind twelve (2) feet in height. Section 202. BED AND BREAKFAST ESTABUSHMENTS. Bed and breakfast establishments are subject to Parking Regulations (ARTCLE 5) and landscaping Regulations (ARTCLE, Section C, F, G, and L). Bed and Breakfast establishments must also follow district regulations for which it is permitted including the following: k Ail bed and breakfast units shall be contained within the principal building. B. There shall be no more than one () bed and breakfast unit per seven hundred (700) square feet of gross floor area in the principal building. C. All signs must conform to regulations in ARTCLE 4. D. The principal building shall contain a minimum of two thousand five hundred (2,500) square feet of gross floor area. Section 203. CONDTONAL, USE REGULATONS. t is the intent of this section to provide special controls and regulations for particular uses which may, under certain conditions, be conducted within the various Zoning Districts established in ARTCLE 3 of this Ordinance. Each subsection of this Section has particular controls and/or requirements which must be satisfied before the use by right or by Conditional Use is permitted. t is the intent of this Article. 2-

65 that these particular controls and requirements are additional to those imposed by the District Use Regulations and the General Regulations, ARTCLE 2 of this Ordinance. A. Applicability, Limitations, Compliance.. Apdicabilitv. The controls imposed by ARTCLES,2,4, and 5 are applicable where cited specifically as a Conditional Use and where cited for Permitted Uses in ARTCLES 4 through 9 of this Ordinance. 2. Limitations. Conditional Uses shall be permitted only where specifically cited in the district use regulations in ARTCLES 4 through 9 of this Ordinance. 3. Comdiance. Nothing in this Section shall relieve the Owner, agent, developer, or applicant for approval of a Conditional Use from obtaining Subdivision and/or Land Development approval in accordance with the West Pennsboro Township Subdivision and Land Development Ordinance. B. Procedure for Conditional Use... Amlication. Each application for a Conditional Use shall be accompanied by a proposed plan showing the size and location of the lot, the location of all buildings and proposed facilities, including access drives, parking areas, and all streets within two hundred (200) feet of the lot. The plan shall indicate each adjacent use and land owner. Each application is subject to a fee, as established by resolution by the Board of Supervisors, and is payable to West Pennsboro Township. 2. Referral to West Pennsboro Townshb Planning Commission. n its review the Commission shall take into consideration the public health, safety, welfare, comfort and convenience of the public in general, and of the residents of the immediate neighborhood in particular, and existing landscape or viewshed. As a result, the Commission may recommend appropriate conditions and safeguards as may be required in order that the result of its action may, to the maximum extent possible, further the expressed intent of the Ordinance and the accomplishment of the following objectives in particular. All proposed structures, equipment, or material shall be readily accessible for fire and police protection. 2-2

66 (c) (a) The proposed use shall be of such location, size and character that, in general, it will be in harmony with the appropriate and orderly development 00 the district in which it is proposed to be situated and will not be detrimental to the orderly development of adjacent properties in accordance with the zoning classification of such properties. n addition to the above, in the case of any use located in, or directly adjacent to, a Residential District: The location and size of such use, the nature and intensity of operations involved in or conducted in connection therewith, its site layout and its relation to access streets shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therewith will not be hazardous or inconvenient to, or incongxuous with, said Residential District or conflict with the normal trafeic of the local roadways; and (2) The location and height of buildings, the location, nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings. 3. Plannine Commission Recommendation. The Planning Commission must notify the Board of Supervisors, before the next regularly scheduled meeting, of its recommendations and any modifications deemed necessary by the Commission and shall set forth the reasons for the recommendation in writing. 4. Board of Suuervisors (governing bodv). The governing body shall review and consider the application and the recommendations of the Planning Commission and shall make its final decision based upon findings of fact as to the general factors set forth in Section 203.B.2 and specific regulations stated in this Article, and upon the specific factors for which a Conditional Use application is filed. C. Effect of Conditional Use. Any use for which a conditional use approval may be granted shall be deemed to be a conforming use in the District in which such use is located, provided that such permit shall be deemed to affect only the lot or portion thereof for which such approval shall have been granted. 2-3

67 Section 204. FARMERS MARKET REGULATONS. A. bcal farmers may sell vegetables, fruit and other goods produced from their own farmstead, as well as any baked or canned goods. B. Farmers markets (or stands) must adhere to the following regulations:. A permit must be obtained from the Township ofice. This permit is temporary in nature and can be used for up to one hundred twenty (20) days. 2. The Township must be notified of the location of the farmers market stand 3. The stand can be no larger than two hundred (200) square feet in size, and cannot be located in the right-of-way (ROW) area of any road. 4. The Earmers market operator andor owner must make sure there is available space for customer parking. This parking area must be located outside of the public ROW. 5. The sign should not be larger than four (4) feet in height (from ground to the top of the sign) and four (4) feet in width. Section 205. HOME OCCUPATON REGULATONS. A. Home occupation may include, craft shops; art studios; dressmaking or other sewing crafts, barbershop or beauty parlor, teaching music or dance instruction, limited to a single pupil at a time; real estate or insurance office; the professional ofice of a dentist, physician, lawyer, engineer, planner, accountant, architect; home telephone sales; or any other activities of a similar nature. B. A home occupation shall, under no circumstances, be interpreted to include a commercial stable or a dog kenneb automobile sales; small engine repair shop; donut shop; or any occupation where the principal activity involves sales offered across the counter. C. Where permitted, home occupations may be established subject to the following conditions:. The home occupation shall be carried on completely within the dwelling unit or accessory building and must only occupy one () floor limited to twenty-five (25%) percent of the total living areas, not including basements or attics. 2-4

68 2. No more than one () person, other than the principal operator, shall be employed. 3. Articles sold or offered for sale shall be limited to those produced on the premises or to articles which are clearly incidental to the home occupation, such as hair care products by a barber or beautician. 4. There shall be no exterior display or sign (except as permitted in the Sign Regulations - ARTCLE 4), no exterior storage of materials, and no other exterior indication of the home occupation or variation of the residential character of the 'main building. 5. No offedve noise, vibration, smoke or other particulate matter, heat, humidity, glare or other objectionable effects shall be produced. 6. Off-street parking shall be provided in accordance with the provisions of ARTCE 5: Off-street Parking Regulations. Section 206. PUBLC UTLlTY REGULATONS. Public utility facilities shall be permitted in any district provided, however, all buildings and/or structures for these utilities shall be subject to the following regulations: A. Front, side, and rear yards, as well as height regulations, shall be consistent with the regulations of the district in which the facility is located. B. Unhoused equipment shall be enclosed within a wooden or chain link fence of at least six (6) feet in height. C. Housed equipment. When the equipment is totally enclosed within a building, landscaping, and screen planting in accordance with ARTCLE shall be required, and the yards shall be maintained with the district in which the facility is located. Fencing may also be required. D. Screen planting in residential and commercial districts shall be in accordance with Landscaping and Screen Planting Regulations, ARTCE. E. The external design of the building shall be to the greatest extent possible, in conformity with the design of buildings in the District. Section 207. YARD REGULATONS. A. Yards shall be provided in accordance with the provisions of this Ordinance and shall be planted with grass, sod, or other vegetative cover, except in cases where 2-5

69 walks, access drives, off-street parking lots, patios, or other types of surfaces are permitted. All yards shall be maintained and kept free of all debris and rubbish. B. A front, side, or rear yard shall be measured from a line parallel to the property line of that particular lot. C. Front Yards.. An aaessov building shall not be erected or substantially altered within any front yard. 2. Parking shall not be permitted in h nt yards in C and districts. 3. Paved driveways are permitted in the front yard(@ are subject to impervious lot coverages of this Ordinance. D. Side Yards.. On comer lots, the side yard abutting the street shall have a width equal to the depth of the front yard required in the district and shall be subject to all front yard requirements of this Ordinance. 2. On a lot in a district where residential structures are permitted and held in single and separate ownership from adjacent land at the effective date of this Ordinance with a lot width less than required for the Zoning District, only one () single-family detached dwelling may be erected Side yards shall be provided in accordance with their appropriate district. 3. On a lot, in a residential, commercial, or manufacturing district, held in single and separate ownership from adjacent land at the effective date of this Ordinance, with a lot width less than that required for the zoning district, the required side yards shall be determined by the Zoning Hearing Board upon application for a variance. 4. Any accessory building may be erected within one of the side yards or within the rear yard provided that: a. An accessory building must be a minimum of ten (0) feet from any lot line. b. No accessory building shall be greater than twelve (2) feet in height and two hundred twenty-five (225) square feet. 2-6

70 SECTON 208. BUFFER YARDS., A. B. C. D. E. F. Where a commercial or manufacturing use adjoins a residential district, and where a multi-family use adjoins a single-family residential use, a buffer yard is required and shall be provided along the abutting lot iines (See the appropriate district for Buffer Yard requirements). The buffer yard may coincide with the front yard All buffer yard areas shall be planted and maintained with a vegetative material, and where required for multi-family, commercial and manufacturing uses, a screen planting in accordance with ARTCX shall be planted and maintained to the full length of side and rear lot lines which do not abut streets. Buffer yards shall be planted and kept free of all debris and rubbish. No structure, manufacturing or processing activity, or storage of materials shall be permitted in buffer yards. Access roads, service drives, and utility easements not more than forty (40) feet in width are permitted to cross a buffer yard. No parking shall be permitted in buffer yards. G. Prior to the issuance of a building pennit, plans for buffer yards shall be submitted to the Zoning Oficer. Said plans shall show the arrangements of all of the buffer yards and the placement, species, and size of all plant materials to be placed in such buffer yard. Said plan will be reviewed by the Planning Commission and approved by the Zoning Officer before a building permit may be issued. Section 209. HGHWAY (ROADWAY) ACCESS REGULATONS. The purpose of this section is to limit the number of driveways or accessways onto arterial and major collector roadways. 2-7

71 A. All subdivision and/or land development plans are encouraged to create or utilize existing roadways classified as local or minor streets. The following table lists the HATS classification scheme for roads in the Township. Classification Township Roadway SR or Township No. nterstate PA Turnpike 0-76) Minor Arterial PA Major Collector Minor Collector PA Rt. 00 Mt. Rock Road T-325 Greason Road T-45 Bloserville Road 402 All other roadways are classified as local or minor streets. B. f new local or minor roadways are proposed, the owner, developer, or lessee must provide a street plan which will tie into other local/minor, collector, or arterial roadways. All plans must be in accordance with the West Pennsboro Township Subdivision and Land Development Ordinance, Article V, Sections 604 through 6, and approved by the Township Planning Commission and Board of Supervisors. C. n the case where an owner, developer, or lessee proposes to construct an access driveway leading onto a roadway classified as a minor arterial or a major or minor collector roadway, the lot frontage must be a minimum width of one and one half ( /2) that of the required width specified in that particular district to which it is located. Section 20. CAMPS OR CAMPGROUNDS The purpose of this section is to provide regulations for camp or recreational resort establishments which may include an office and accessory uses such as food or drink establishments, amusement and recreation facilities such as a swimming pool, children s playground, tennis, or other game sports; and game or recreation moms. 2-8

72 A. Area and Bulk Regulations. The minimum lot area shall be a minimum of not less than ten (0) acres with at least five hundred (500) feet fronting on a minor arterial or major or minor collector roadway. 2. The minimum front, side, and rear yards shall be two hundred (200) feet. 3. All principal and accessory buildings and structures shall cover a total of not more than thirty-five (35) percent of the site. A food andor drink establishment shall not cover more than ten (0) percent of the site. There shall be no more than one () resort or camp related dwelling unit which shall not exceed one thousand seven hundred fifty (,750) square feet. B. Parking Regulations Points of vehicular ingress or egress shall be limited to a total of two (2) on any street. Off-street parking regulations shall apply and should be in accordance with ARTCLE 5. C. Supplemental Regulations Will there be regulations to apply for summer home-type resort camp areas?. Units shall be so many feet apart. 2. Buffer, if site abuts residential uses. 3. Before the issuance of any building permit, a detailed plan for the proposed development of a site for a commercial camp or resort facilities shall be submitted and approved, as provided in the West Pennsboro Township Subdivision and Land Development Ordinance. n addition to the other requirements of the Ordinance, the Plan shall identify the location and size of existing trees, all other landscaping proposed, the architectural style, general design, colors and materials to be used on exterior surfaces and detailed plans for any signs as well as any other information, elevations or perspectives which will enable the reviewing bodies to recognize the impact of the proposed development on the area involved and to determine conformity with the purposes of this Ordinance. 2-9

73 Section 2. COMMERCAL KENNELS. Kennels shall be permitted and are subject to the following: A. The minimum lot size shall be five (5) acres. B. Parking requirements shall be in accordance with ARTCLE 5. C. One () sign shall be permitted which shall be in accordance with ARTCLE 4, section 402. D. All areas uses for exercise shall be secureiy fenced and located at least two hundred (200) feet from any property line. E. All animals shall be kept within a completely enclosed building which shall be a minimum of one hundred (00) feet from any property line. Section 22. COMMERCAL, RDNG STABLES. Commercial riding stables shall be permitted in the Agricultural District by condition use, subject to the following: A. The minimum lot size shall be five (5) acres. B., Off-street parking regulations shall apply in accordance with ARTCLE 5. C. One () sign shall be permitted and shall be in accordance with ARTCLE 4, Section 40. D. All areas used for exercise and pasturing shall be securely fenced. E. All animals, except while exercising or pasturing,-shall be kept within a completely enclosed building erected or maintained for that purpose which shall be a minimum of two hundred (200).feet from any property line. E The accumulation and storage of manure or other odor producing substances shall not be permitted. Section 23. FARM EQUPMENT OR LAWN AND GARDEN SALES AND SERVCE A. Farm equipment or lawn and garden sales and service shall be permitted as n accessory use to the principal agricultural use of the lot. 2-0

74 B. Permitted Uses. Distribution, sales, and/or servicing of equipment and machinery commonly used for agricultural purposes. 2. Distribution, sales, and/or servicing of nursery, lawn and garden equipment, and supplies and service. C. Area 'and Bulk Regulations. All area and bulk requirements of the A-C Agricultural-Conservation District shall apply with the following exceptions:. The minimum lot area (principal and accessory uses) shall be five (5) acres. 2. The building setback shall be at least fifty (50) feet from any lot or street line. 3. No accessory building utilized in connection with the farm equipment or lawn and garden sales and sewice may be located in any required side or rear yard. 4. No accessory building shall project nearer to the street on which the principal building fronts than such principal building. D. Parkinn Reauirements. Parking requirements shall be in accordance with ' ARTCLE 5. E. Sumlemental Regulations. The sales and service business shall be easily accessible from an improved street or highway with safe ingress and egress for vehicular traffic. 2. Exterior lighting, other than that essential for the safety and convenience of the users of the premises, shall be prohibited. All exterior lighting shall be shielded from the view of all surrounding streets and lots. 3. One () premise sign identifying the sales and service business use shall be permitted and in accordance with ARTCLE 4, Section No outdoor displays of goods for sale or rental shall be located in required front or side yards. 2-

75 Section 24. following: k B. C. D. E DAY CARE CENTERS. Day Care Centers shall be permitted and subject to the Day Care Centers providing care for more than three (3) children not related to the caregiver must secure a license from the Commonwealth of Pennsylvania, Department of Public Welfare. Evidence of such state licensing must be provided prior to the issuance of a use and occupancy pennit by the Zoning Officer. The Day Care facility shall have at least sixty-five (65) square feet of outdoor play area for each child. This play area must be located in the rear yard and be sufficiently screened and sound-insulated so as the protect the neighborhood born excessive noise and other disturbances. A Day Care Center shall not be located within one thousand (,000) feet of any other Day Care Center. This measurement shall be taken from property line to property line. One () sign shall be permitted and shall be in accordance with regulations in ARTCX 4, Section 402. Parking regulation shall apply and must be in accordance with regulations in ARTCLE 5. Section 25. STORAGE OF MOTOR AND RECREATONAL VEHCLES. The storage of materials and/or equipment shall be permitted and subject to the following: k B. C Vehicles without current registration shall not be stored on any property for a period of more than ninety (90) days, unless housed in an enclosed building or covered and placed within the rear yard area not less than ten feet (0') from any property line. This shall not apply to agricultural vehicles or implements. One () camping trailer or boat, or some other recreational vehicle not to exceed twenty-five (25) feet in length shall be allowed per occupied lot in any district; provided that such trailer is not stored between the street and the principal building. No motor home, trailer, or boat may be parking within the street right-of-way for longer than two (2) weeks. 2-2 B

76 Section 26. SWMMNG POOLS. The following are requirements for the installation of outdoor swimming pools intended for private use. A. A building permit shall be required for the installation or construction of a private outdoor swimming pool on the same lot as the principle residence. B. Pool may be located within the required rear or side yard but no closer than ten feet (0 ) to any lot line as measured from the water s edge for an in-ground pool or any elevated portion of an above-ground pool. No pool may be erected in any portion of the front yard setback. C. Any pool with a surfawarea in excess of one-hundred and fifty square feet (50 sq. ft.) or more than a depth of three feet (3 ) must be completely enclosed by a fence or wall that is no less than four feet (4 ) in height. However, if said pool is located more than three and one-half feet (3 6 ) above the ground level, then a fence is not required, provided that all points of access to pool are adequately ptef3ed. D. Conventional wading pools less than the area and depth requirements of item (C.) above shall be exempt. 2-3

77 ARTCLE 3 NONCONFORMNG BULDNGS AND USES All lawful uses of land or of a lot, building, sign, or other structure existing on the effective date of this Ordinance may be continued, altered, restored, reconstructed, changed, sold, or maintained even though such use may not conform to the use, height, area, yard, and other regulations of the District in which it is located, provided such nonconforming conditions shall comply with the following: Section 30. CONTNUATON. The Zoning Officer shall be responsible for the proper registration of premises occupied by a lawful nonconforming use, lot, building, and/or structure existing after the effective date of this ordinance and issuance of a Certificate of Nonconformance; which shall be for the purpose of insuring to the owner the right to continue such nonconformity in accordance with the provisions of this Article. t is the property owners responsibility to assist the Zoning Officer in the identification and registration of nonconforming uses, lots, buildings, and structures for which they are accountable. Periodic notice of this requirement shall be published and/or circulated by the Township for the purpose of making property owners aware of such. Section 302. ALTERATONS. Repairs and structural alterations may be made to a nonconforming building or a building occupied by a nonconforming use; providing such alterations and repairs are in conformance with the regulations set forth in this Ordinance and other applicable codes and ordinances adopted by the Township. Section 303. EXTENSONS OR ENLARGEMENTS. A. The types of extensions and enlargements listed below are permitted for nonconforming uses, buildings, and structures existing on the effective date of this Ordinance:. The extension of a nonconforming use of land upon a lot occupied by such use. 2. The extension or enlargement of a conforming building occupied by a nonconforming use. 3. The extension or enlargement of a nonconforming building occupied by a conforming or nonconforming use. B. The foregoing extensions or enlargements of such nonconforming buildings or uses shall be subject to the following conditions: 3-

78 . The extension or enlargement shall conform to the height, area, yard, and coverage regulations of the district in which it is located. Where a building or structure is nonconforming as to a required front, side or rear yard setback, the established nonconforming setback may be continued, so long as the proposed extension or enlargement does not project further into any yard, whether front, side or rear yard, than the original building line extended. 2. n multi-family commercial and or ndustrial areas an entire building or use shall be provided with off-street parking and loading spaces, if applicable as required by ARTCLE The extension or enlargement does not replace a conforming use. 4. The extension or enlargement of a building used for a nonconforming use shall not be permitted to extend into vacant parcels of land adjacent to the initial parcel of land existing and occupied on the effective date of this Ordinance, where such vacant parcels have been recorded separately or acquired following the effective date of this Ordinance. Section 304. CHANGES N NONCONFORMNG USES. A nonconforming use may be changed to another nonconforming use of the Same or more restricted classification. Whenever a nonconforming use has been changed to a more restricted classification or to a conforming use, such use shall not hereafter be changed to a use of less restricted classification. Section 305. RECONSTRUCTON/RESTORATON. A nonconforming structure, building, or use which is damaged by fire, explosion, windstorm or other natural or criminal acts, may be reconstructed and used for the same purposes, provided that A. The reconstruction and/or restoration of the building or structure is commenced within one () year from the date of occurrence of the damage and is carried to completion without undue delay, and B. The reconstructed building, structure or occupied area does not exceed the height, area, and volume of the original building, structure and occupied area, and C. The remains of any such buildings, structures, or other improvements so destroyed shall be removed from the premises within six (6) months so that the same shall not remain as a nuisance or safety hazard. Section 306. DSCONTNUANCE. f a nonconforming use of land or building ceases operations for a continuous period of more than eighteen (8) months, then such use and any subsequent use of iand or building shall conform to the provisions of this Ordinance, except when the discontinuance is due to a death and administration of the decedent s estate, in which event 3-2 R

79 the discontinuance shall not be presumed to start until estate administration is terminated, or a court order concerning the disposition of the estate has been entered. Section 307. NONCONFORMNG SGNS. Signs in existence at the effective date of this Ordinance or amendments thereto, may be continued subject to the regulations contained in Section 305 above and in ARTCLE 4. Section 308. DSTRC" CHANGES. Whenever the boundaries or uses of a district shall be changed, the foregoing provisions shall also apply to any non-conforming lots, uses, or buildings existing therein or created thereby. Section 309. UNSAFE STRUC'URE. Nothing in this Ordinance shall prevent the strengthening or restoring to a safe condition of any portion of a structure or building declared unsafe by proper authority. 3-3

80 a a ARTCLE 4 SGN REGULATONS Signs may be erected and maintained only when in compliance with the provisions of this Article, including subdivision approval, and all other ordinances and regulations relating to the erection, alteration, or maintenance of signs and similar devices. Section 40. SGNS N THE AGRCULTURAL AND RESDENTUU DSTRCTS R- AND R-2. A B. Signs advertising the sale or rental of the premises upon which they are erected by the owner or broker or any other person interested in the sale or rental of such premises, may be erected and maintained, provided.. The area of one () side of the sign is not in excess of six (6) square feet, and 2. Not more than one () sign is placed upon any property in single and separate ownership, unless such property fronts upon more than one () street, in which event one () such sign may be erected on each frontage, and 3. Signs shall be removed upon the day of final closing or rental. Signs advertising the sale or development of the premises upon which they are erected, when erected in connection with the development of the premises by a builder, contractor, developer, or other person interested in such sale or development, may be erected and maintamed, provided:.. The area of one () side of any sign is not in excess of twenty (20) square feet, and 2. Not more than one () sign is piaced upon any property in single and separate ownership, unless such property fronts upon more than one (). street, in which event one () such sign may be erected on each frontage. C. Signs indicating the location and direction of premises available for or in process of development, but not erected upon such premises, and having the name of the owner, developer, builder, or agent, may be erected and maintained, provided:. The 'area of one () side of any such sign is not in excess of six (6) square feet, and 4-

81 2. Not more than one () such sign is erected on each five hundred (500) feet of street frontage, with a maximum of five (5) such signs. D. Signs of mechanics, painters, and other artisans during the period such persons are performing work on the premises on which such signs are erected, provided 3. The area of one () side of any such sign is not in excess of six (6) square feet, and 2. Such signs are removed promptly upon completion of the work. F. Signs indicating the private nature of a driveway, or trespassing signs, provided that the area of one () side of any such sign shall not exceed two (2) square feet. G. Signs of schools, churches, libraries, or other institutions of a similar nature provided.. The area of one () side of any such sign is not in excess of thirty (30) square feet, and 2. Not more than one () sign is placed on property in single and separate ownership, unless such property fronts upon more than one () street, in which event one () such sign may be erected on each frontage. H. dentification signs are permitted for home occupations located in Agricultural 8c Residential Districts, provided:. Such signs shall be placed only on the property for which the home occupation has been authorized, and 2. The area of one () side on any such sign shall not exceed four (4) square feet, and 3. Not more than one () such sign shall be placed on any property, and 4. lluminated signs neon and or florescent signs are prohibited, and 5. Advertising statements appearing on the sign shall contain a brief description of the sewices offered and shall not contain specific product brand names or trademarks.. On-and/or off-premises signs necessary for the direction, regulation and control of traffic; street name signs; legal notices; warnings at railroad crossings; and other official signs which are similarly authorized or erected by a duly constituted 4-2

82 8 governmental body, Such signs may be illuminated only as necessary or customary for traffic control or safety. 3. Public utility signs required in connection with the identification, operation, or protection of the public utility, provided the area of one () side of any such sign shall not exceed eight (8) square feet. K. Signs indicating direction may be erected along streets to direct vehicles or pedestrians to premises or businesses not located on such streets, but the access to which is from such streets. The following regulations shall apply: L. Directional signs shall be ground signs with a maximum area of six (6) square feet per side. 2. The content of the directional sign sha be limited to the name of the establishment, direction, and distance information. 3. Directional signs shall not be located more than five hundred (500) feet from an entrance or other street leading to the advertiser and shall be located in advance of such street or entrance and on the same si& of the road as the advertiser s premises. Restrictions on height of signs. Freestanding ground signs shall not exceed eight (8) feet in height. 2. Wall signs or portions of such signs shall not be located above the ceiling of the ground floor of any building or more than twelve (2) feet above the street grade, whichever is less. Section 402. SGNS N THE COMMERCAL AND VLLAGE DSTRCT. A. All signs permitted in the R- and R-2 Districts at the standards prescribed therein, except as otherwise provided in this section. B. Wall business signs are permitted, provided:. One () wall sign is allowed to a property, provided it is attached to the wall of a building and projects horizontally not more than twelve (2) inches therefrom, is not less than ten (0) feet above the sidewaik and occupies not more than twenty (20%) percent of the total area of the front of the principal building. 4-3

83 2. Signs painted on or affixed to the inside or outside of windows may not exceed thirty five (35%) percent of the area of the window which they. occupy. 3. n no case, however, may the total area of wall signs exceed fifteen (5%) percent of the area of the wall (including windows and door area) to which they are attached. 4.. Village District signs must reflect the basic color scheme of the building they occupy. C. Freestanding ground business signs are permitted, provided. Only one () such sign shall be permitted on each property, with the exception of those establishments having walls fronting on two (2) or more streets, in which case the sign area for each street may be computed separately. 2. The area of any such sign shall not exceed thirty-two (32) square feet each side of a maximum double heed sign. 3. The maximum height of freestanding ground business signs shall not exceed twelve (2) feet. 4. Village District signs shall not be greater than nine (9) feet in height and no larger than eight (8) square feet. 5. Village District signs must reflect the basic color scheme of the principal building. D. Non-illuminated or directly or indirectly illuminated business signs are permitted, provided they create no objectionable glare nor illuminate adjacent uses. Neon signs are prohibited in the Village District. E. Only those off-premises signs permitted in the Residential Districts at the standards prescribed therein shall be permitted. Section 403. SGNS N THE NDUSTRAL DSRCT. A. Any sign permitted in the R-, R-2, C, and V Districts shall be permitted in the ndustrial District. B. Business identification signs shall be permitted as provided below. Any business is permitted to have two (2) of the following types of signs: 4-4

84 . One () wall sign to a property, providing it is attached to the wall of a building and projects horizontally not more than twelve (2) inches therefrom, is not less than ten (0) feet above the sidewalk and occupies not more than twenty (20%) percent of the total area of the front of the principal building. t shall not project more than three (3) feet above the roof line or parapet wall. 2. One () projecting sign, provided it shall not project beyond a vertical plane five (5) feet inside the lot fiom the street line. 3. One () free-standing sign not to exceed fifty (SO) square feet in area. t sha not extend beyond a vertical plane five (5) feet inside the lot fkorn the street line and shall not exceed a height of thirty-five (35) feet. C. Shopping Centers may have the following signs as provided. One () of the following types of signs may be permitted for each use in the shopping center, provided the type of sign is the same for each use: (a) (b) (c) One () wall sign to a property, provided it is not attached more than twelve (2) inches therefrom, is not less than ten (0) feet above the sidewalk and occupies not more than ten (0%) percent of the total area of the front of the principal building. t shall not project above the roof line or parapet wall; or One () projecting sign to the building front beyond a vertical plane not to exceed three (3) square feet. The maximum height of any sign in a Shopping Center shall not exceed fifty (50) feet from average finished grade at the base of the sign. 2. n addition, one () ground sign identifying the shopping center and uses may be erected on each street frontage. The area of one () side of any sign shall not exceed seventy-five (75) square feet, and the location and orientation of such a sign shall be designated on, or in connection with, the required land development plan. Section 404. BLLBOARDS (OFF-PREMSE ADVERTSNG SGNS): Billboards or offpremise advertising sign structures, including poster panels, bulletins, and the like, may be erected and maintained in the Commercial and Light ndustrial Districts subject to the following regulations: 4-5

85 k B. C. D. E, E Advertising sign structures shall be spaced at intervals of not less than five hundred (500) feet along the same side of any street or highway. No such structure shall contain more than two (2) advertising sign facings. AdverMng sign structures shall not exceed a total of three hundred (300) square feet in surface area and each side and contain no more than two (2) facings. No advertising sign shall be permitted to be erected within one hundred (00) feet of an adjoining Residential District if visible from and designed to face into such district. All such signs shall be attached to the ground by a single vertical metal or concrete post, pillar, pole, or column. All signs shall be located not less than forty (40) feet from the legal or dedicated right-of-way line of any street, road, or highway. Signs may be illuminated, but no direct ray of light shall extend beyond the face of the sign. Section 405. SPECAL SGNS Special signs shall be allowed in any district subject to the following: A. Temporary signs advertising home, garage or yard sales, and the like, as differentiated from signs advertising established commercial enterprises, may be erected in any zoning district subject to the following provisions:. The sign may be erected only on the property on which the sale is going to be held, and 2. The area of one () side of any such sign shall not exceed four (4) square feet, and 3. Only one () such sign may be erected on any one piece of property, unless such property fronts on two (2) streets, in which case one () sign is authorized on each street frontage, and 4. The sign shall be installed no earlier than one () week prior to the sale and shall be removed within one () day after the activity. B. Temporary signs advertising public auctions of sale, as differentiated from signs advertising established commercial enterprises, may be erected in any zoning district subject to the following provisions: 4-6

86 P P d E e n. Such signs shall be subject to the same provisions as in Section 405 above, and 2. Such signs may be erected no earlier than one () month prior to the date of the sale and shall be removed within one () day after the sale or auction. C. Temporary political signs, advertising political parties or candidates for election, may be erected, provided:. The area of any one () side of such sign shall not exceed ten (0) square feet, and 2. Such sign shall not be erected earlier than thirty (30) days prior to the election to which they pertain and shall be removed no later than seven (7) days after the date of the election. D. Holiday decorations displayed for recognized holidays shall be exempted from the provisions of this Ordinance, except as they may cause glare, interfere with traffic safety, or in any other way become a public safety hazard. Section 406. GENERAL REGULATONS. A. Computation of Sign kea:. The area of a sign shall be construed W include all lettering, wording and accompanying designs and symbols, together with the background, whether open or enclosed, on which it is displayed, but not including any supporting framework and bracing incidental to the display itself. 2. Where the sign consists of individual letters or symbols attached to a buildmg, wall or window, the area shall be considered to be that of the smallest rectangle or other regular geometric shape which encompasses all of the letters and symbols. 3. n computing square hot area of a double-face sign, only one () side shall be considered, provided both faces are identical. f the interior angle formed by the two (2) faces of the double-faced sign is greater than fortyfive (45) degrees, then both sides of such sign shall be considered in calculating the sign area. B. Signs must be constructed of durable materials, maintained in good condition, and not allowed to become dilapidated. 4-7

87 C. D. E. F. G. H, Signs projecting beyond the property lines shall be not less than ten (0) feet above the public sidewalk areas. Ground signs shall not be permitted between any portion of a public sidewalk and the curb line. Signs shall not project above the height limit permitted in any district in which they are located. All signs erected within the right-of-way of a state highway shall be in accordance with the regulations of the Pennsylvania Department of Transportation. A permit shall be required for the erection, alteration or reconstruction of billboards, or advertising sign boards, including poster panels, bulletins, and the like. All signs shall be removed when the circumstances leading to their erection no. longer applies. Any sign lawfully existing at the time of the passage of this Ordinance that does not conform with the regulations of the district in which such sign is located shall be considered nonconforming and may continue subject to the following provisions:. Signs which are nonconfoming by reason of their absolute prohibition shall be removed within five (5) years following enactment of this Ordinance or from any other date of the establishment of their nonconformity. 2. Signs which are nonconforming by reason of dimensions may continue in their present location until replacement or rebuilding becomes necessary, at which time a zoning permit will be required and the sign must be brought into conformity with the Ordinance. Section 407. SGNS PROHBTED N ALL DSTRCR The following signs shall not be permitted, erected, constructed or maintained in any zoning district, notwithstanding anything contained in this part or elsewhere. Such signs which are prohibited shall be removed or brought into conformity with the provisions of this part within a three (3) year period after this Ordinance is enacted. k Signs which incorporate in any manner any lashing or moving illumination, or illumination which varies in intensity or color, and signs which have any visible revolving parts or visible mechanical movement of any description, or other apparent visible movement achieved by electrical pulsation or by action of normal wind currents. Hanging signs which simply swing in the wind, clock, time or 4-8

88 temperature signs and barber poles shall not be considered as a prohibited sign so long as they comply with the other provisions of this Article. B. C. D. E. F. G. H.. J. K. Light sources which cast light on signs shall be shielded by opaque material so that the bulbs, floodlights or tubes are not visible off the property on which the signs are located Signs advertising activities that are illegal under federal, state or local laws, regulations, or ordinances as applied to the location of a particular sign or the location of such activities. Signs which by reason of size, location, movement, content, coloring or manner of illumination obstruct the vision of drivers, either when leaving or entering a public street from another street or driveway, and/or obstruct or detract from the visibility or effectiveness of any traffic control device or traffic sign on a public street. Signs which make use of words such as "stop", "look", "one-way", "danger", "yield", 'go slow", "caution", or any similar words, phrases, symbols, lights or characters in such a manner as to interfere with, mislead, or confuse traffic or which imitate an official traffk sign or signal. Signs which advertise an activity, business, product or service no longer produced or conducted. n such case, such sign shall be removed within thirty (30) days after the same is no longer produced or conducted. Signs which are placed or located within the public right-of-way, except as provided elsewhere in this Ordinance. Signs painted on, pasted or attached to or supported by utility poles, fences, trees, or other natural objects. Signs which consist of pennants, spinners, banners, streamers or search-lights, except for occasions such as grand openings and then only with permission of the Township for such an activity limited to a period of fifteen (5) days. String lights other than temporary holiday decorations or special events or function of public service, charitable, religious, educational, and civic organizations which are unshielded from the premises on which they are located. Signs which obstruct free ingress to, or egress from; a fire escape, door, window, or other exitway. 4-9

89 L Signs which are structurally unsafe or in a state of disrepair, as determined solely by the Zoning Officer. Section 408. PERMT APPLCATON AND FEES No person shall erect, cause to be erected, change or alter any sign on any property within the Township until a permit for the same has been issued by the Zoning Officer. Property owners who authorize or allow any sign on their properties shall ensure that all provisions of this Ordinance are adhered to and shall comply with the following provisions: k Application for a permit shall be made on an authorized Township form and shall be accompanied by the following:. A detailed scale drawing showing the sign and its intended location; and 2. A description of its type,'construction, manner, and method of installation, and materials to be used; and 3. Written authorization of the owner or lessee of the property, if other than the applicant; and 4. A permit fee, as established by the Township Board of Supervisors. B. For the purpose of this Article, the terms "alter" or "change" shall not be interpreted to include routine maintenance. Section 409. EXEMPTONS FROM PERMTS AND/OR FEES: A permit and fee shall not be required for the following signs: A Official State and municipal Signs; B. Temporary signs; or C. Signs permitted under the provisions of Section 405. Exemption from obtaining a permit and paying a fee does not release the person responsible for posting the sign from compliance with other standards or provisions of this and/or other applicable ordinances, codes, or laws. 4-0

90 ARTCLE 5 OFF-STREET PARKNG REGULATONS Section 50. GENERAL PARKNG REGULATONS. A. Off-street parking facilities shall be provided to lessen congestion in the streets. The facilities required herein shall be available to patrons throughout the hours of operation of the particular business or use for which such facilities are provided. As used herein, the term "parking space" includes either covered garage space or uncovered parking lot space located off the public right-of-way. B. A garage or carport may be located wholly or partly inside the walls of the principal building, or attached to the outer walls. Section 502. NUMBER OF SPACES REQURED PER TYPE OF BULDNG. Any of the following buildings hereafter erected and any building hereafter converted into one of the following buildings, and any open area hereafter used for commercial purposes shall be provided with not less than the minimum parking spaces as set forth below. These spaces shall be readily accessible to, and within a reasonable distance from, the buildings served. Whenever an alternative for the number of parking spaces required is given, the less restrictive requirement shall apply. Parking spaces shall be on the same lot as the principal building or open area and shall conform to the following regulations: Use ~~ Single-family detached DU, mobile home Two-family detached (duplex), single-family semi-detached (double) Two-family semi-detached, singlefamily attached (townhouse) Multi-bmily and/or garden apartments Churches 6. Cemeteries Standards Two (2) spaces per dwelling unit (DU). Two (2) spaces per DU. Two (2) spaces per DU. Two (2) spaces per DU. One () space for each five (5) seats in the main assembly area, plus one () space per full-time employee. One () space per full-time employee. 5-

91 USe Public and/or semi-public recreation recreational facility Municipal buildings Club/lodge/hall Golf course Golf driving range Nursery/greenhouse, lawn and garden equipment and supplies sales and service Kennels Bed and breakfast establishments Veterinary office/animal hospi tal/clinic Public and/or private school, elementary and junior high schools Public and/or private school, high school (grades 0 through 2) Elderly housing Standards One () space for each three (3) users at maximum utilization of the facility. One () space' for each employee. One () space per fifty (50) square feet or assembly area; or one () space for every three (3) persons allowed within the maximum occupancy load. Six (6) spaces for each golf hole and one () for each employee on the largest shift. One () space for each driving tee plus one () space per employee on the largest shift. One () space per one thousand (,000) square feet of total sales and display area, plus one () space per every full-time employee. One () space for every employee. One () space per employee on the largest shift, plus one () space per camp vehicle normally parked on the premise, plus five (5) or more visitors spaces, one () for every ten (0) boarders. One () space per guest room plus two (2) per pemanent residents. Four (4) spaces for every doctor, plus one () space for every additional employee. One () space per teacher, employee, or administrator, plus five (5) or more additional visitors parking spaces, plus one () space for each vehicle owned or operated by the school. One () space per employee, plus one () space per ten (0) students. One () space per two (2) bedrooms and/or one () space per DU, plus one () space per employee with the largest shift. 5-2

92 USe 20. Day Care Centers 2. Theaters, movie, or cultural 22. Bowling alley 23. Skating rinks 24. Restaurant 25. Restaurant, fast food Aa studio Dance studio Banks, financial institutions Professional ofice, insurance agency, real estate Office (dental/medical) Standards One () space for each teacher, plus spaces for each employee on the largest shift and administrators, and one () space for offstreet passenger loading space for every eight (8) pupils. One () space per five (5) seats. Three (3) spaces for each alley or lane, plus one () additional space for two (2) employees. One () space per each two hundred (200) square feet of floor area. One () space per each three (3) seating accommodations, plus one () space for each two (2) employees on the largest shift. One () space for every two (2) seats plus two (2) spaces for every three (3) employees on the largest shift. For restaurants with drive-in facilities, in addition to the parking regulations above, eleven () stacking spaces for the drive-in window, with a minimum of five (5) such spaces designated for the ordering station. Four (4) spaces per one thousand (,000) square feet. One () space for every four (4) students per two (2) classes. Four (4) spaces per one thousand (,000) square feet. One () space for each three hundred (300) square feet or more or one () space per three hundred (300) square feet of leasable area One () space for each employee plus one () space per examiningkeatment room. 5-3

93 Retail USe Retail/outdoor (selling of farm equipment, gardening equipment, car Sales) Ubrary Motel/hotel Personal service establishments (beauty and barber shops, tailor, dry cleaning, self-service laundry) Printing and publishing Laboratory/research and development facility Warehousing, wholesale business, and other storage facilities Manufacturingbdustrial distribution plants and other service industries Recycling Center Standards f less than five thousand (5,000) square feet, one () space per every two hundred fifty (250) square feet of floor area. f over five thousand (5,000) square feet of floor area, twenty (20) spaces, plus one () space per every four hundred (400) square feet in excess of five thousand (5,000) square feet of floor area. One () space per each one thousand (,000) square feet of lot or floor area used for display purposes. One () space for each two (2) adult seats. One () space per guest mom, plus parking figured separately for banquet rooms, meeting moms, and restaurant (see #9 - club/lodge/hall requirement). Two (2) parking spaces per beauty or barber chair. One () space per employee, plus at least two (2) spaces for customer parking. One () space for every employee or the largest shift, plus at least two (2) visitor s spaces. One () space for each two (2) employees on the largest shift, plus sufficient space to accommodate the largest number of visitors that may be expected at any one time. One () space per employee on the largest shift. One () space per employee. Section 503. DESGN STANDARDS. All off-street parking areas shall be designed to meet the following standards: 5-4

94 A. Parking lot where more than two (2) parking spaces are required under Section 50, such spaces shall be provided in a parking lot. B. Surfacing - All off-street parking areas shall be surface stabilized so as to provide a durable and dust free surface. All entrance and exit drives serving a parking area shall be paved in accordance with Pennsylvania Department of Transportation or Township Specifications, whichever is appropriate. C. Drainage - All drainage shall be controlled so as not to create water runoff to any adjacent properties or other undesirable conditions. Parking areas, when determined necessary by the Township Engineer, shall have stormwater drainage facilities and discharge to an adequate storm drainage system. All storm drainage facilities and plans are subject to approval by the Township Engineer. D. Entrance and Exit Drives - ngress and egress for a parking lot shall be a minimum of sixteen (6) feet in width for one-way access use, and a minimum of twenty-four (24) feet in width for two-way access use. E. Circulation - Circulation control shall be designed for one-way directional travel whenever possible. No parking shall be provided or permitted along any circulation drives or entrance and exit drives. Drives shall be uniform in width and provide for ninetj, (90) degree intersections wherever possible. Circulation traffic lanes shall have a minimum width of sixteen (6) feet for one-way traffic and a minimum width of twenty-four (24) feet for two-way traffic in all areas, not controlled by entrance or exit drives and parking access drive standards. F. Traffic Control - Entrance and exit arrangements, acceleration and deceleration lanes and traffic signals may be required depending on the amount of anticipated traffic and the condition of the public street and upon Pennsylvania Department of Transportation approval. G. Service Traffic - Customer and sentice traffic shall be separated whenever possible. hading and unloading areas shall be located so as not to interfere with customer parking areas. H. Landscape Strips - Parking areas with more than fifty (50) spaces shall provide landscaping strips to separate the parking spaces from the entrance, exit, and circulatory drives. The landscaping strip shall have a minimum width of eight (8) feet and a depth of, OR length equal to, the parking stalls and shall have perimeter curbing. A landscaping plan shall be submitted for the landscape strip areas, which shall show types of trees, shrubs, etc., and the location of each. Vegetation shall not interfere with required site distances. All parking areas shall include one () tree for every ten (0) parking spaces (see Exhibit ).

95 . J. K L M. Parking Lot Area - Parking lots shall be divided into separate parking areas. Each area shall not exceed three hundred (300) feet in length and two hundred fifty-six ' (256) feet in width or a width capable of providing four (4) parking lanes and four (4) parking access drives. These areas shall have their entire perimeter defined by curbs, walks, landscaping strips, or other devices to control traffic. Parking lot areas are subject to regulations required in ARTCLE, Section (See Exhibit V.) Parking Lanes - Parking lanes shall be no longer than three hundred (300) feet in length without providing a circulatory drive. The outside perimeter of a parking lot providing the required parkhg spaces shall be located not more than six hundred (600) feet from the use requiring the parking. Parking spaces located more than three hundred (300) feet from the use requiring the parking shall provide pedestrian access sidewalks from the parking area to the specific use. Said sidewalks shall be not less than four (4) feet in width. The location of parking spaces and sidewalks shall be designed to prevent intrusion of vehicles onto sidewalks. Dead End Drives - All parking lots with deadend drives shall be designed to provide sufficient backup or turnaround area for the end parking spaces, an area of five (5) feet minimum. Parking Space Requirements - A minimum of sixtv (60) Dercent of the reauired number of Parkine maces shall be Drovided for full size vehicles. Each Darkinp mace shall be not less than nine (9) feet wide bv eiphteen (8) feet long. All parking spaces shall be not less than nine (9) feet width by eighteen (8) feet long. Handicapped Parking - handicapped parking spaces shall be provided in accordance with the following schedule and shall be not less than twelve (2) feet wide by twenty (20) feet long. They shall be located as close as possible to pedestrian elevators, ramps, walkways, and building entrances. TOTAL PARKNG SPACES REQURED NUMBER OF HANDCAPPED N PARKNG LOT. ACCESSBLE PARKNG SPACES TO25 26 to 50 5 to to 00 0 to

96 TOTAL PARKNG SPACES N PARKNG LOT REQURED NUMBER OF HANDCAPPED ACCESSBLE PARKNG SPACES 5 to to to to to 000 two (2%) percent of total parking spaces Over 000 twenty (20) plus one () space for each one hundred (00) spaces over one thousand (000) spaces 0. P. Q. R. Parking Space Marking - Parking spaces shall be defined on the lot surface by a double four (4) inch wide painted or road surface tape line. The lines shall run parallel a width of thirty-six (36) inches with the ends of the double lines connecting. Lines shall be replaced as necessary to ensure their continuous visibility. Signs - Entrances and exits shall be clearly marked by signs. One-way access drives shall be marked on the drive surface and by above grade signs. All parking lots with over one hundred (00) spaces shall have the individual parking lane identified. Lighting - All lighting used to illuminate off-street parking areas shall be arranged so as to prevent direct light onto the adjoining premises and/or public rights-ofway. Light standards shall be. protected from vehicular traffic by curbing or landscaping. Standard Drawings - Standard Drawings shall be submitted with the land development plan with the configuration of the number of spaces per land use clearly shown on the plan. Section 504. OFF-STREET DADNG REGULATONS. A. Standards.. Off-street loading and unloading space@) with proper and safe access from street or alley, shall be provided on each lot where it is deemed that such facilities are necessary to adequately serve the uses within the district. All 5-7

97 such loading and unloading spaces shall be located in the rear of the building. Each loading and unloading space: (a) (b) (c) (d) Shall be designed in accordance with the loading berthhpace defmition and each berth must have an area not less than six hundred (600) square feet, and it shall have a minimum clear height, including access to it from the street of fourteen (4) feet; Shall have a sixty (60) foot maneuvering area; Shall have an all-weather surface to provide safe and convenient access during all seasons; and Shall not be constructed between the street right-of-way line and the building setback line. 2. Required off-street parking space (including aisles) shall not be used for loading and unloading purposes except during hours when business operations are suspended. 3. hading and unloading facilities shall be designed so that trucks need not back in or out, or park in, any public right-of-way. 4. No truck shall be allowed to park or stand in any right-of-way, another automobile parking area (including aisles), or block the effective flow of persons or vehicles. B. Requirements At least one () off-street loading space shall be provided for commercial and industrial concerns in excess of three thousand five hundred (3,500) square feet of floor area. The number of loading and unloading spaces shall be left to the discretion of the developeq however, the standards of this section shall be maintained, and the number of proposed spaces reviewed by the Planning Commission and approved by the Zoning Officer. 5-8

98 ARTCLE 6 CLUSTER DEVELOPMENT REGULATONS Section 60. NTENT. The purpose of the cluster development option is to provide permissive, voluntary and alternative zoning provisions and thereby provide for desirable and proper open space, tree cover, recreation areas or scenic vistas; all with the intent of preserving the natural beauty, while at the same time maintaining the necessary maximum dwelling unit density limitations of the R-2 residential district. Simply, clustering allows more usable open space and can preserve significant natural features without increasing the development's overall density. Section 602. TRANSFER OF DENSTY. A The R-2 district minimum lot size may be reduced to 60% of the current R-2 minimum lot size regulations for cluster development. All such lot reductions shall be compensated for by requiring a percentage of land in cluster open space to be preserved and maintained for its scenic value, recreation or conservation purposes. B. n the approval of a cluster subdivision, in no case shall the minimum density for the R-2 district be increased, nor shall the other applicable regulations or use limitations for the district be modified or changed. 3 Section 603. REVEW CRTERA. A permit for a cluster development shall be granted only if evidence is presented which establishes: A. That the proposed development will be in harmony with the general purpose, goals, objectives, and standards of the Comprehensive Plan, this Article and the Subdivision Code, and B. That the proposed building or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, and other matters affecting the public health, safety, and general welfare, and C. That the proposed cluster development will be constructed, arranged, and operated so as not to dominate the immediate vicinity or to interfere with the development and use of neighboring property, in accordance with the applicable district regulations, and S D. That the proposed cluster development will be served by essential public facilities and services such as highways, streets, parking spaces, police and fire protection, drainage structures, refuse disposal, water and sewer service, and schools; or that the persons or agencies responsible for the establishment of the proposed use will adequately provide for such seruices, and ' 6-

99 E E G. H. L J. K L That the proposed cluster development will minimize the destruction, loss, or damage of any natural, scenic, or historic feature of significant importance, and ndividual lots, buildings, streets, and parking areas shall be designed and situated to minimize alteration of the natural site features to be preserved, and The usability of cluster open space intended for a recreation or public use shall be determined by the size, shape, topographic, and location requirements of the particular purpose proposed for the site, and Cluster open space shall preserve irreplaceable natural features located in the tract (such as, but not limited to, stream beds, significant strands of trees, individual trees of significant size, and rock outcroppings), and Cluster open space intended for a recreation or public use shall be easily accessible to pedestrians, which accessibility shall meet the needs of the handicapped and elderly, and The suitability of cluster open space intended for scenic value and purposes shall be determined by its visibility from a significant number of units or buildings or length of public or private streets, and Diversity and originality in lot layout and individual building design is encouraged to achieve the best possible relationship between development and the land, and Plan submissions must include a site plan, utilities plan, including roadway extensions or additions, and a landscaping plan. The landscaping plan shall include existing preconstruction conditions as well as a proposed plan. Section 604. LxlT REQUREMENTS. Any cluster development plan must include a minimum OF 25 acres, and each lot must have a minimum area of five thousand (5,000) square. feet. YARDS HOUSNG TYPE DUAC WDTH FRONT SDE REAR Single Family Det Single Family Semi-Det Two-Family Det Two-Family Semi-Det Single Family Att Section 605. OPEN SPACE REQUREMENTS. Open Space conservation is required for each cluster development. Forty percent (40%) must remain in open space preservation. The designated open space must be clustered in the area most suitable for conservation purposes. The open space area(s) shall be reviewed and approved by the Planning Commission and the Board of Supervisors. 6-2

100 Section 606. SPECAL FEATURES. Open space may be located in the floodplain. i Section 607. USE AND ACCESS. The land set aside for open space shall be provided in such a manner that it is usable for recreation or other activities and is accessible to all residents of the subdivision or, where the land has been deeded to the township, for the public. Permitted uses for open space or recreational use: A. Private recreational facilities such as playground facilities, ball fields, and pavilion facilities. B. Walkway paths, biking trails and pond areas for scenic view. Section 608. OWNERSHP AND MANTENANCE OF OPEN SPACE. f cluster open space is not dedicated to public use to the Township, it shall be protected by legal arrangements, satisfactory to the Planning Commission and Board of Supervisors and the Township Solicitor, sufficient to assure its maintenance and preservation for whatever purpose it is intended. Covenants or other legal arrangements shall specify ownership of the cluster open space; method of maintenance; maintenance taxes and insurance; compulsory membership and assessment provisions; guarantees that any association formed to own and maintain cluster open space will not be dissolved without the consent of the Planning Commission and any specifications deemed necessary by the Planning Commission. Section 609. BUFFER YARD REQUREMENTS. Where a Custer Development abuts another land use, a neighboring district or municipalhy, a buffer yard shall be required in addition to the yards specified in this section. The buffer yard shall be no less than thirty (30) feet for the Agricultural and ndustrial uses and twenty (20) feet for residential and commercial uses and shall be subject to Landscaping and Screen Planting Regulations in ARTCLE. The width of any street, road or service drive shall not be considered in determining the width of the required yard. Off-street parking is prohibited in the buffer. See ARTCLE 2 for other yard regulations. Section 609. PARJSNG REGULATONS. On-street parking is permitted and should be calculated into the total parking necessary for each land use proposed Off-street parking shall be provided in accordance with the provisions of ARTCLE

101 ARTCLE 7 AMENDMENTS Section 70. PROCEDURE. The West Pennsboro Township Board of Supervisors may, from time to time, on its own motion or on petition or recommendation of the Planning Commission, amend, supplement or repeal any of the regulations and provisions of this Ordinance after public notice and hearing. Before the public hearing, each proposed amendment, except those coming from the Planning Commission, must be referred to the Planning Commission for its recommendations at least thirty (30) days prior to the hearing on such 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 governing body shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment At least thirty (30) days prior to the hearing on the Ordinance or amendment by the Board of Supentisors, the Planning Commission shall submit the proposed ordinance or amendments to the Cumberland County Planning Commission for recommendations. n addition, if the proposed amendment involves a mning map change, notice of said public hearing shall be conspicuously posted by the Township at points deemed sufficient by the municipality along the perimeter of the tract to notify potentially interested citizens. The affected tract or area shall be posted at least one () week prior to the date of the hearing. Section 702. PROCEDURE UPON CURATVE AMENDMENTS. The procedure upon curative amendments shall be in accordance with the requirements of the Pennsylvania Municipalities Planning Code, Act 247, as amended, Section 609. and Section Section 703. CONTENT OF PUBLC NOTCE. Public notices of proposed zoning ordinances and amendments shall include either the full text thereof, or a brief summary setting forth the principal provisions in reasonable detail, and a reference noting that the Township Building is where copies of the proposed ordinance or amendment may be examined, in addition to the time and place of hearing. Public Notices shall be in accordance with the requirements of the Pennsylvania Municipalities Planning Code, Act 247, as amended, Section Section 704. PUBLCATONS AFTER ENAC'MENT. After. enactment, if the advertisement of a zoning ordinance or amendment is required by other laws respecting the advertisement of ordinances, such advertisement may consist solely of a reference to the Township Building as the place within the Township where such copies of such ordinance or amendment shall be obtainable for a charge not greater than the cost thereof and available for examination without charge. Zoning ordinance and amendments may be incorporated into official ordinance books by reference with the same force and effect as if duly recorded therein. 7-

102 ARTCLE 8 ADMNSTRATON AND ENFORCEMENT Section 80. APPONTMENT AND POWERS OFZONNG OFFCER. For the administration of this Zoning Ordinance, a Zoning OEftcer, who may not hold any elective office in the Township, shall be appointed. The Zoning Officer shall administer the zoning 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 confoxm to the Zoning Ordinance. Section 802. ENFORCEMENT. t shall be the duty of the Zoning Officer to enforce the provisions of this Ordinance and such power and authority as is necessary for enforcement is hereby conferred upon the Zoning Officer. The Zoning Officer shall examine all applications for permits, issue permits for construction and uses which are ia accordance with the requirements of this Ordinance, record and file all applications for permits with accompanying plans and documents, and make such reports as the governing body may require. Permits for construction and uses which are a variance to requirements of this Ordinance shall be issued only upon written order of the Zoning Hearing Board. Permits for construction and uses which are a conditional use shall be issued only upon approval of such conditional use by the governing body (West Pennsboro Township Board of Supervisors). Section 803. ZONNG APPEALS. The governing body shall appoint a Zming Hearing Board which shall be composed of three members, organized, empowered and conducted in accordance with Article X of The Pennsylvania Municipalities Planning Code existing or hereafter as amended and supplemented (the "Code"). The duly established Zoning Hearing Board shall have the following functions: A. Hearings The Zoning Hearing Board shall conduct hearings and make decisions in accordance with Section 908 of the Code. Written notice shall be given to the public, the applicant, the County Planning Commission, the Zoning Officer, such other persons as the Zoning Hearing Board shall designate and any person who has made timely request for the same. Notices shall be given at such time and in such manner prescribed by adopted Rules of the Zoning Hearing Board. The governing body may establish reasonable fees, based on cost, to be paid by the applicant and persons requesting any notice or materials not required by ordinance. B. Jurisdiction The Zoning Hearing Board shall have exclusive jurisdiction to hear and render final adjudications in the following matters: ' 8-

103 Substantive challenges to the validity of any land use ordinance, except those brought before the governing body pursuant to Sections 609. and 96.(a)(2) in Act 247. 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 the 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 OfEcer, 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 a municipal engineer or the Zoning Officer with reference to the administration of any flood plain or flood hazard ordinance or such provisions within a land use ordinance. Applications h r variances from the terns of the zoning ordinance and 5ood hazard ordinance or such provisions within a land use ordinance, pursuant to Section 90.2 in Act 247. Applications for special exceptions under the zoning ordinance or flood hazard ordinance or such provisions within a land use ordinance, pursuant to Section 92. in Act 247. 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 962 in Act 247. Appeals from the determination of the Zoning Officer or municipal engineer in the administration of any land use ordinance or provision thereof with reference to sedimentation and erosion control and storm water management insofar as the same relate to development not involving Article V or V applications in Act

104 C. Variances The Zoning Hearing Board shall hear requests for variances where it is alleged that the provisions of this ordinance inflict unnecessary hardship upon the applicant. The Zoning Hearing Board shall prescribe the form of application and require application to the Zoning Officer. The Zoning Hearing Board may grant a variance, provided the following findings are made where relevant in a given case: 8. 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 the ordinance in the neighborhood or district in which the property is located; and 2. 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 the Zoning Ordinance, and that the authorization of a variance is therefore necessary to enable the reasonable use of the property; and That such unnecessary hardship has not been created by the appellant; and 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 impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare; and 5. That the variance, if authorized, will represent the minimum variance that will afford relief and represent the least modification possible of the regulation in issue. n granting any variance, the Zoning Hearing Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this Ordinance and of the Code. Section 804. PERMTS. A. Requirements of Permits A building and/or zoning permit shall be required prior to the erection, addition, or alteration of any building or portion thereof; prior to the use or change in use 8-3

105 of a building or land; and prior to the change or extension of a nonconforming use. t shall be unlawful for any person to commence work for the erection or. alteration of any building or for a change in land use, until a permit has been duly issued therefor. No such building permit or zoning permit shall be required in case of normal maintenance activities, minor repairs, and alterations which do not structurally change a building or structure. B. Application for Permits All applications for permits shall be accompanied by plans in duplicate, drawn to scale, showing the actual shape and dimensions of the lot to be built upon, the exact size and location of any buildings existing on the lot, the lines within which the proposed building or structure shall be erected or altered, the existing and intended use of each building or part of a building, the number of families or dwelling units the building is designed to accommodate and such information as may be necessary to determine compliance with this Ordinance and all other ordinances. One () copy of such plans shall be returned to the owner when such plans have been reviewed and acted upon by the Zoning Officer. All applications with accompanying plans and documents shall become a public record after a permit is issued or denied. C. ssuanceof Permits *. No permit shall be issued until the Zoning Officer has certified that the proposed building, addition or alteration, complies with all the provisions of this Ordinance, as well as the provisions of all other applicable ordinances. 2. Zoning Officer shall act upon request within thirty (30) days following application. 3. A permit issued hereunder shall become void twelve (2) months after issuance date, unless a request for extension has been submitted to and approved by the Zoning Officer. Such request shall be filed with the Zoning Officer at least thirty (30) days prior to the permit expiration date. D. Temporary Permits A temporary permit may be authorized by the Zoning Officer for a structure or use which it deems necessary to promote the proper development of the community, provided that such nonconforming structure or use shall be completely removed upon expiration of the permit without cost to the Township. Such permits shall be issued for a specified period of time not to exceed one () year, and may be renewed annually for an aggregate period not exceeding two (2) years. 8-4

106 Section 805. CERTFCATE OF NONCONFORMANCE. Certificate of Nonconformance shall be issued by the Zoning Officer to the owner of any property which, at the time of the effective date of this Ordinance, is identified as containing a nonconforming use or structure. The owner s property and the issuance date of such certificate shall be registered in the records of the Township as follows: A. Such Certificate oe Nonconformance shall be issued within one hundred eighty (80) days after the effective date of this Ordinance. B. The Certificate of Nonconformance shall set forth in detail all of the nonconforming conditions of said property. C. A copy of the Certificate of Nonconformance shall be retained and filed by the Zoning Officer. D. The Certificate shall be for the purposes of insuring the owner the right to continue a nonconforming use in accordance with the regulations of this Ordinance. Section 806. CONDTONAL USES. Applications for any conditional use permitted by this Ordinance shall be made to the Board of Supervisors through the Zoning Officer. The Zoning Officer shall refer all such applications. to the Planning Commission for review and recommendation. The Planning Commission shall review the application pursuant to applicable standards and criteria and submit its recommendations to the governing body for approval or denial pursuant to public notice and a public hearing. Section 807. FEES. A. The Township Board of Supervisors shall establish a schedule of fees, charges and expenses, as well as a collection procedure for zoning permits, certificates of occupancy, appeals, variances, special exceptions, amendments, bonds and other matters pertaining to this Ordinance. The schedule of fees shall be posted in the Township Building. B. Such fees shall be payable to the Township and until all applicable fees, charges and expenses have been paid in full, the application shall be considered incomplete. 8-5

107 Section 808. NSPECTON. A. nspection by the Zoning Officer. t shall be the duty of the Zoning Officer, or his duly appointed representative, to make the following minimum number of inspections of property for which a permit has been issued.. At the Beginning of Construction. A record shall be made indicating the time and date of inspection and the finding of the Zoning Officer in regard to conformance of the construction with plans submitted with the approved permit application. f the actual construction does not conform to the application, a written notice of violation shall be issued by the Zoning Officer, and such violation shall be discontinued. Upon proper correction of the violation and receipt of written notice fiom the Zoning Officer, construction shall proceed. 2. At the Completion of Construction. Section 809. CERTFCATE OF USE. A record shall be made indicating the time and date of the inspection; the findings of the Zoning Officer in regard to conformance to this Ordinance, and the opinion of the Zoning Officer in regard to the issuance of a Certificate of Use Permit. A. A Certificate of Use shall be a statement issued by the Zoning Officer setting forth that a building, structure, parcel, or use of land complies with the provisions of this Ordinance. B. No vacant land shall be occupied or used, and no structure or part of a structure hereafter erected, substantially altered or changed in use shall be occupied or used until a Certificate of Use shall have been issued by the Zoning Officer. C. A Certificate of Use for the use or occupancy of vacant land or for a change in the use of land, or for a change in the use of an existing building, either for whole or part of a new building or for the alteration of an existing building, shall be applied for coincident with the application for a building or zoning permit, and shall be issued or denied within fifteen (5) days after a final inspection by the Zoning Officer. 8-6

108 D. A Certificate of Use for changing or extending a nonconforming use, existing at the time of the passage of this Ordinance or of an amendment thereto, shall be applied for and issued before any such nonconforming use shall be changed or extended. Such Certificate shall be issued within fifteen (5) days after a final inspection and approval by the Zoning Ofieer. E. A record of all Certificates of Use shall be kept on file in the ofice of the Zoning Officer and a copy shall be furnished on request to any person having a proprietary or tenancy interest in the building or land affected. Section 80. VOLATONS Failure to comply with any provision of this Ordinance, failure to secure a building permit, or Zoning Hearing Board Certificate, when required, prior to the erection, construction, extension, or addition to a building; or failure to secure a Certificate of Use, shall be violations of this Ordinance.. Notice of Violation: When written notice of a violation of any of the provisions of this Ordinance has been seryed by the Zoning Officer on the owner, agent or occupant, contractor, or builder, such violation shall be discontinued immediately. 2. Causes of Action: n' case any building, structure, landscaping or land is, or is proposed to be erected, constructed, reconstructed, altered, converted, maintained or used in violation of this Ordinance, the proper officer of the Township, or any aggrieved owner or tenant of real property who shows that his or her property or person will be substantially affected by the aheged violation, in addition to other remedies, may institute any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure, landscaping or land, or to prevent, on or about such premises, any act, conduct, business or use constituting a violation. When any such action is instituted by a landowner or tenant, notice of that action shall be served upon the Township at least thirty (30) days prior to the time the action is begun by serving a copy of the complaint on the governing body of the Township. No such action may be maintained until such notice has been given. 3. Enforcement Remedies: Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this Ordinance shall, upon being found liable therefor in a civil enforcement proceeding commenced by West Pennsboro Township, pay a judgment of not more than $, plus all court costs, including reasonable attorney fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the District Justice. f the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the District Justice

109 determines that there has been a good faith basis for the person, partnership or corporation violating the Ordinance to have believed that there was no such violation, in which event there shall be deemed to have been only one () such violation until the fifth day following the date of the determination of a violation by the District Justice and thereafter each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorney fees collected for the violation of the Zoning Ordinance shall be paid over to the Township. The court of common pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation and judgment. Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the Township the right to commence any action for enforcement pursuant to this section. Section 8. APPEALS AND APPLCATONS A. An appeal, or application for an amendment, or variance from the terms of this Ordinance shall be filed with the Zoning Officer, and shall contain:. The name and address of the applicant. 2. The name and address of the owner of the real estate to be affected by such proposal. 3. A brief description and location of the real estate to be affected by such proposal. 4. A statement of the present zoning classification of the real estate in question, the improvements thereon, and the present use thereof. 5. A statement of the section of this Ordinance under which the appeal or application requested may be allowed, and reasons why it should be granted; or a statement of the section of this Ordinance governing the situation in which the alleged erroneous ruling is being appealed, and reasons for the appeal. 6. An accurate description of the present improvements and the additions intended to be made under this application, indicating the size and use of such proposed improvements and general construction thereof. n addition, there shall be attached a plot plan of the real estate to be affected, as required to accompany applications for permits, indiqating the location and 8-8

110 size of the lot and location of improvements now erected, and proposed to be erected thereon. 7. Any other pertinent data required by the Zoning Hearing Board, Township Board of Supervisors, and/or Zoning Officer, as appropriate to their individual authorities set forth in this Article. 8. All appeals from determinations by the Zoning Officer under this section shall be made to the Zoning Hearing Board within thirty (30) days of the date of the determination. Section 82. VALDTY. Should any section or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of this Ordinance as a whole, or of any other part thereof. Section 83. NTERPRETATON, PURPOSE, AND CONFLCT. 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. t is not intended to interfere with or abrogate or annul other rules, regulations, or ordinances, provided 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, easements, covenants, restrictions, regulations ot ordinances, the provisions of this Ordinance shall control. Section 84. REPEALER. All ordinances or par! of ordinances inconsistent herewith are hereby repealed. Section 85. EFFECTVE DATE. Upon Enactment by thetownship Board of Supervisors, this Ordinance shall become effective as provided by law. - Section 86. ENACTMENT. ENACTMENT AND ORDANED NTO AN ORDNANCE THS 4th DAY OF J U ~, 9%. WEST PENNSBORO 'XOWNSHP 8-9 '

111 Single-Family Detached (No Party Wall) (One Family) EXHBT f Two-Family Detached (Duplex) (Horizontal Party Wall) (Two Families) Single-Family Semi-Detached (Double! (One Verticle Party wall) (Two Families) Two-Family Semi-Detached (One Verticle and two Horizontal Party Wall Separation) (Four Families) - Single-Family Attached (Townhouse) (Two Verticle Party Walls) (Three Families) Garden Apartments (Both Verticle and Horizontal Patty Wall Separation)

112 EYF'BT

113 if a masonry wall is used for screening, it must be softened or buffered with trees, shrubs or vines on the street side of the- wall. Berms Combination Bern and Screening Wall 3 Masonry Screening Combination Berm and Live Evergreen Saeen 3' Live Evergreen Screen / E ng walls A... US one shrub ur tine is :o be plan:- ~ CJabulling masonry screening walls each 0 feet un the side 9 faring a slrcct. \

114 EXHBT V. 8

115