Wayne Township Zoning Ordinance January 2013
Table of Contents Article 1 GENERAL PROVISIONS... 1 101. Title... 1 102. Effective Date... 1 103. Purpose and Authority... 1 103.01 Purpose... 1 103.02 Authority... 2 104. Compliance... 2 105. Severability... 2 106. Repeal... 2 107. Municipally Owned Property... 2 108. Interpretation of regulations... 2 109. Schedule of Fees... 3 Article 2 COMMUNITY DEVELOPMENT OBJECTIVES... 4 201. Goal Statement... 4 202. Objectives... 4 202.01 Residential... 4 202.02 Agricultural... 4 202.03 Economic Development... 4 202.04 Infrastructure... 5 202.05 Traffic/Circulation... 5 202.06 Historic Preservation... 5 202.07 Recreation... 5 202.08 Natural Preservation... 5 202.09 Land Use... 5 Article 3 DISTRICT REGULATIONS... 6 301. Zoning Map... 6 302. Location of Zoning Map... 6 303. Zoning Districts... 6 304. District Boundaries... 6 305. Annexed Areas... 6 Wayne Township Zoning Ordinance Page i
306. Zoning District Changes... 7 307. District Purposes... 7 307.01 (CN) Conservation District... 7 307.02 (IND) Industrial District... 7 307.03 (INS) Institutional District... 7 307.04 (RD) Rural Development District... 7 307.05 (RMU) Residential Mixed Use District... 7 307.06 (R1) Residential District... 7 308. Lot and Yard Requirement Chart... 8 309. Permitted Uses and Conditional Use Chart... 8 309.01 Special Provisions... 12 310. Criteria for Permitted Uses with Conditions, Conditional Uses, and Special Exceptions... 12 310.01 Dwelling Units... 12 Article 4 ADDITIONAL LAND USE AND ZONING DISTRICT PROVISIONS... 13 401. SPECIFIC LAND USE PROVISION... 13 401.01 Airports, Heliports, Ultra-light Airports... 13 401.02 Cemeteries... 13 401.03 Churches, Schools, Hospitals and Nursing Homes... 13 401.04 Commercial Recreation... 14 401.05 Communication Towers... 14 401.06 Correctional Facility or Halfway House; Methadone Clinic or Drug Treatment Center... 17 401.07 Service Stations, Service and Repair Businesses, Convenience Stores... 17 401.08 Establishments for the Storage and/or Sale of Junk... 17 401.09 Group Day Care Homes and Day Care Centers... 18 401.10 Heavy Manufacturing... 18 401.11 Home and Farm-Based Manufacturing... 18 401.12 Home Based Businesses... 18 401.13 Horticulture or Garden... 18 401.14 Kennels and Veterinary Clinic/ Animal Hospitals... 19 401.15 Light Manufacturing... 19 401.16 Limited Retail Business... 19 401.17 Mini-Storage Facilities... 19 401.18 Multi-Family Residential Dwellings (5 or more units)... 19 Wayne Township Zoning Ordinance Page ii
401.19 No-Impact Home Businesses... 22 401.20 Oil and Gas Wellheads... 23 401.21 Mineral Extraction... 23 401.22 Personal Care Homes... 24 401.23 Retail Business... 24 401.24 Sanitary Landfills... 24 401.25 Sawmills... 25 401.26 Sexually Oriented Businesses... 25 401.27 Specialized Animal Raising and Care... 26 401.28 Tent Camps, Recreational Campgrounds and Recreational Vehicle Parks... 26 401.29 Utility Substations and/or Facilities... 27 401.30 Warehousing and Distribution, Truck Terminals... 27 402. Conditional Uses, Special Exceptions, & Procedures... 27 402.01 Procedures for Conditional Uses... 28 Article 5 SUPPLEMENTARY REGULATIONS... 29 501. Nonconforming Uses and Structures... 29 502. Existing Lots of Record... 30 503. Agriculture... 30 504. Application of Yard Regulations... 31 505. Flood Hazard Areas... 32 506. Height Limitations... 32 507. Individual Mobile Homes or Manufactured Homes... 32 508. Junk... 32 509. Lighting... 33 510. Non-Residential and/or Industrial... 33 511. Off-Street Loading and Parking... 33 511.01 Off-Street Loading... 33 511.02 Off-Street Parking... 35 511.03 Driveways... 39 512. Performance Standards... 39 512.01 Air Pollution... 39 512.02 Electric Disturbance... 39 512.03 Erosion... 39 Wayne Township Zoning Ordinance Page iii
512.04 Fire Protection... 40 512.05 Glare... 40 512.06 Noise... 40 512.07 Odors... 40 512.08 Water Pollution... 40 513. Screening... 40 514. Signs... 41 514.01 Authority... 41 514.02 Exclusions... 41 514.03 Permitted Signs: Residential... 41 514.04 Permitted Signs: Rural Development, Residential Mixed Use, Industrial... 42 514.05 General Standards... 43 515. Steep Slope Areas... 43 516. Temporary Structures... 44 517. Vehicle Storage... 44 518. Water Recreation & Storage Areas... 44 Article 6 ADMINISTRATION, ENFORCEMENT AND APPEALS... 45 601. Zoning officer... 45 602. Duties of the zoning officer... 45 602.01 Application for Building/Zoning Permits... 45 602.02 Inspections... 45 602.03 Permits, Applications, Appeals and Certificates... 45 602.04 Enforcement... 45 603. Permits and Certificates... 46 603.01 Building/Zoning Permits... 46 603.02 Certificate of Occupancy... 46 603.03 Zoning Certificate... 46 603.04 Sign Permit... 46 604. Violations... 47 604.01 Enforcement Notice... 47 604.02 Causes of Action... 47 604.03 Enforcement Remedies... 48 Article 7 AMENDMENTS... 49 Wayne Township Zoning Ordinance Page iv
701. General... 49 702. Petitions... 49 703. Referral... 49 704. Action... 49 705. Curative Amendments... 49 706. Provision for Optional Notices... 50 706.01 Content of a Notice of Municipal Action Relating to this Ordinance... 50 706.02 Content of a Notice of a Decision Entered Under this Ordinance... 50 706.03 Statement of Purpose... 50 706.04 Notice... 51 706.05 Proof of Publication... 51 Article 8 ZONING HEARING BOARD... 52 801. Creation... 52 802. Appointment... 52 803. Removal of Members... 52 804. Organization of Zoning Hearing Board... 52 805. Expenditures for Services... 52 806. Legal Counsel... 53 807. Hearings... 53 808. The Zoning Hearing Board s Functions... 55 809. Parties Appellant before Zoning Hearing Board... 56 810. Time Limitations; Persons Aggrieved... 56 811. Stay of Proceedings... 57 Article 9 DEFINITIONS... 58 901. Interpretation... 58 902. Specific Terms... 58 Article 10 EFFECTIVE DATE & ADOPTION... 73 1001. Effective Date & Adoption... 73 1002. Adoption... 73 Wayne Township Zoning Ordinance Page v
Article 1 GENERAL PROVISIONS 101. Title This ordinance shall be known and may be cited as the Wayne Township Zoning Ordinance. The accompanying district map shall be known, and may be cited as, the Wayne Township Zoning Map. 102. Effective Date This ordinance shall become effective ten (10) days after the final passage by the Wayne Township Supervisors. 103. Purpose and Authority 103.01 Purpose A. These regulations are deemed necessary in order to encourage beneficial growth in the Township while keeping the density of development consistent with existing Township facilities and the township s ability to develop new facilities needed. These regulations are expected to: B. Promote the public health, safety, morals and general welfare; C. Conserve and stabilize property values through encouragement of the most appropriate uses of land in relation to adjacent properties, with consideration given to the physical characteristics of the property, and its value, as well; D. Secure safety from fire, flood, panic and other dangers by providing for adequate open spaces for light, air and amenity, and by promoting emergency preparedness and operations; E. Preserve forests, agricultural lands, and recreation areas in their natural state, or from conflict with urban development; F. Protect floodplains and manage the release of storm water to minimize downstream flooding; G. Prevent the overcrowding or improper development of land, incompatible uses of land, and/or blighting conditions; H. Facilitate the economic provision of safe, adequate and reliable transportation, water supply, sewage disposal, public schools, parks and other public requirements; I. Avoid congestion in travel and transportation, and maintain and improve the carrying capacity and safety of major roads; J. Reduce the cost of building roads and installing utilities, and the subsequent cost of township operations; and K. Encourage similar controls upon development in adjacent municipalities where logical zoning district boundaries extend across municipal lines. Wayne Township Zoning Ordinance Page 1
103.02 Authority In accordance with the authority granted to Wayne Township through the Pennsylvania Municipalities Planning Code (Act 247, as reenacted and amended), this ordinance and map are intended to: A. Regulate the density of population; B. Regulate the location and use of buildings, structures and land for residential, agricultural, commercial, industrial and other purposes; C. Regulate the height, bulk, number of stories, size and placement of buildings and structures; D. Divide the township into districts of such size, shape, and area, and to establish such zoning map, as may be deemed best suited to carry out the regulations; and E. Establish procedures for the administration, enforcement, amendment, and relief from hardships under certain circumstances. 104. Compliance No structure shall be located, erected, demolished, constructed, reconstructed, moved, externally altered, converted, substantially improved or enlarged nor shall any structure or land use be used or designed to be used except in full compliance with this ordinance and after the lawful issuance of all permits and certifications required by this ordinance. 105. Severability Should any section or provision of this ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, nor the validity of any other section or provision of the ordinance, other than the one so declared. 106. Repeal Any resolution or ordinance, or any part of any resolution or ordinance conflicting with the provisions of this ordinance is hereby repealed to the extent of such conflict. 107. Municipally Owned Property This ordinance shall not apply to property owned by Wayne Township in the exercise of its municipal functions. The township will develop and control property in accordance with existing charters and codes, and will have no obligation to enforce the provisions of this ordinance upon itself. 108. Interpretation of regulations In interpreting and applying the provisions of this ordinance, the requirements shall be held to be minimum for the promotion of the public health, safety, convenience, comfort, prosperity and general welfare. Where any condition imposed by any provision of this ordinance upon the use of any lot, building, or structure is either more restrictive or less restrictive than any comparable condition imposed by any other provision of this ordinance, or by the provision of an ordinance Wayne Township Zoning Ordinance Page 2
adopted under any other law, the provision which is more restrictive or which imposes a higher standard or requirement shall govern. 109. Schedule of Fees Any application for amendment, variance, special exception, conditional use, permit or any other application or certificate within the scope of this ordinance, shall be accompanied by a fee. The Wayne Township Board of Supervisors shall, from time to time, establish, by resolution, a schedule of fees, charges and expenses and a collection procedure for permits, appeals and other matters pertaining to this ordinance. The schedule of fees may be posted in the township office, and may be amended only by official action by the Wayne Township Board of Supervisors. No permit, certificate, application or variance shall be issued, nor shall any action be taken on proceedings before the Zoning Hearing Board unless, or until, such costs, charges, fees or expenses have been paid in full by the applicant. A zoning certificate or building permit shall be required for all new construction, additions or alterations affecting exterior dimensions of existing structures; and, for any structural or interior changes required for a change of the structure s use, or for any change in use. A zoning certificate does not exempt an applicant from any potential development application that may be required by definition in the PA Municipalities Planning Code (PAMPC). Wayne Township Zoning Ordinance Page 3
Article 2 COMMUNITY DEVELOPMENT OBJECTIVES In addition to the general purposes listing in Section 103.1, the following specific community development objectives have been considered as a basis upon which the regulations and controls of this ordinance are derived: 201. Goal Statement Wayne Township should be primarily a rural, small-town community. Wayne Township should keep its natural/scenic qualities, its ability to farm, personal freedoms and other high qualities of life. Wayne Township should plan for a targeted and limited development area in which to provide for economic development opportunities that will yield higher-pay job opportunities and thriving local businesses, and not result in sprawl or undesirable impacts or costs for the community. 202. Objectives 202.01 Residential A. Maintaining low density residential development B. Promote low density, single-family residential development C. Control location of multi-family residential development D. Provide housing for all economic levels E. Promote the preservation of historic residential structures 202.02 Agricultural A. Promote the preservation of active farmland B. Encourage participation of farm owners in the Agricultural Security Area program C. Provide farm owners the opportunity to develop property within certain guidelines D. Discourage the subdivision of farm tracts into small building lots, unless public open space is guaranteed E. Encourage farmers to participate in county and state programs that support and promote sound farming practices, such as surface water protection and erosion and sedimentation control. 202.03 Economic Development A. Provide for commercial/industrial development in limited areas B. Identify areas with adequate infrastructure that can support commercial and/or industrial development. C. Create site development controls to protect adjacent properties D. Provide adequate opportunities to expand the tax base E. Provide for a variety of commercial and industrial development opportunities Wayne Township Zoning Ordinance Page 4
202.04 Infrastructure A. Ensure that existing facilities and services are maintained at a level that meets the needs of current residents and businesses B. Promote construction standards that address township goals C. Require development applications to address the health, safety and general welfare needs of township residents 202.05 Traffic/Circulation A. Create a safe, well-constructed road system within the township B. Promote an adequate, safe non-vehicular circulation system within the township C. Encourage efficient land use patterns that minimize traffic congestion D. Encourage new development to provide for alternative modes of transportation E. Encourage identification and protection of rights of way for future public use 202.06 Historic Preservation A. Encourage preservation of cultural and historic sites B. Cooperate with other agencies, both public and private, in the promotion of preserving identified sites C. Encourage new development to be architecturally compatible with existing structures and sites 202.07 Recreation A. Encourage adequate recreational opportunities for township residents B. Encourage new development to provide open space and/or recreation program and facilities 202.08 Natural Preservation A. Discourage development on, or in, identified environmentally sensitive areas B. Promote the preservation of identified environmentally sensitive areas and natural resources 202.09 Land Use A. Encourage development that support the rural character of the township B. Promote open space requirements for new development C. Encourage a variety of housing opportunities in the township D. Promote development arrangements that require less lineal footage of roads, sewers and water lines. Wayne Township Zoning Ordinance Page 5
Article 3 DISTRICT REGULATIONS 301. Zoning Map The location and boundaries of zones established in Wayne Township are shown on a map entitled The Wayne Township Zoning Map adopted on month, day, year by ordinance as may be amended subsequent to it adoption. The maps, sections, notations, dimensions, designations, references, and other data shown on the map are hereby made a part of this article to the same extent as if the information set forth on the map were fully described and incorporated herein. 302. Location of Zoning Map The zoning map may be examined in the township offices by any interested person during regular township business hours. 303. Zoning Districts The township is divided into the districts stated in this ordinance as shown by the district boundaries on the Official Zoning Map: CN IND INS RD RMU R1 Conservation District Industrial District Institutional District Rural Development District Residential Mixed Use District Residential District 304. District Boundaries District boundaries within the lines of streets, streams and transportation rights-of-way shall be deemed to follow the centerline. The vacation of streets shall not affect the locations of such district boundaries. When the zoning officer cannot definitely determine the location of a district boundary by such centerlines, by the scale of dimensions stated on the zoning map or by the fact that it clearly coincides with a property line he/she shall refuse action. The zoning hearing board, upon appeal, shall interpret the location of the district boundary with reference to the scale of the zoning map and the purpose set forth in all relevant provisions of this chapter. 305. Annexed Areas Any territory hereafter annexed by the Township of Wayne will be automatically zoned RD Rural Development District until otherwise classified by the township. Wayne Township Zoning Ordinance Page 6
306. Zoning District Changes If, in accordance with the provisions of this ordinance, changes are made in district boundaries or other matter portrayed on the zoning map, such changes shall be made on the zoning map within thirty (30) normal working days after the amendment has been approved by the township supervisors together with an entry on the zoning map that includes the date of the amendment. 307. District Purposes 307.01 (CN) Conservation District The Conservation (CN) District is designed for a geographic area, which usually contains a flood plain, sensitive environmental area or other environmental condition which would limit or affect development. This area should provide for sparse development and limit environmental impact. 307.02 (IND) Industrial District The purpose of the Industrial (IND) District is to provide suitable space for future industrial developments. Performance standards, loading and parking specifications and yard regulations are set forth in the ordinance in order to ensure, insofar as possible, safe, non-objectionable industrial installations which protect adjacent properties. 307.03 (INS) Institutional District The purpose of the Institutional (INS) District is to provide space for various institutional uses along with compatible activities. Performance standards are set forth in the ordinance in order to minimize any adverse effects on nearby property. 307.04 (RD) Rural Development District The Rural Development (RD) District is meant to provide for the continuation of agriculture as an important endeavor in the community. It is also meant to provide for residential opportunities in a rural setting and to foster small-scale businesses in a low-density setting, which will contribute to economic self-sufficiency and rural quality of life. Performance standards, loading and parking specifications and yard regulations are set forth in the ordinance in order to protect adjacent properties. 307.05 (RMU) Residential Mixed Use District The purpose of the Residential Mixed Use (RMU) District is to recognize those areas of the township which have been substantially developed and to offer flexibility for properties to be developed in the future. This district shall allow a variety of uses promoting small-scale businesses while protecting the residential character and quality of life for those residents. Performance standards, loading and parking specifications and yard regulations are set forth in the ordinance in order to protect adjacent properties. 307.06 (R1) Residential District The purpose of the Residential (R1) District is to provide for and maintain residential areas in Wayne Township. The district shall primarily be comprised of single-family detached dwellings. Wayne Township Zoning Ordinance Page 7
308. Lot and Yard Requirement Chart Wayne Township Lot and Yard Requirements Min. Lot Min. Lot Front Side Rear Districts Area Width Yard Yard 2 Yard (Sq Ft) Height 1 Lot Coverage Conservation 43,560 200 60 10 50 35 15% Industrial 87,120 100 40 25 35 35 50% Institutional 43,560 100 40 25 35 35 20% Rural Development 1 Family Dwelling 65,340 175 60 15 50 35 20% 2 Family Dwelling 87,120 200 60 15 50 35 20% >2 Family Dwelling 87,120 + 20,000 200 60 15 50 35 20% All other uses 87,120 200 60 15 50 35 20% Residential Mixed Use With public water & sewer 1 Family Dwelling 4,800 40 20 5/15 3 30 35 25% 2 Family Dwelling 7,200 40 20 5/15 3 30 35 25% >2 Family Dwelling 21,780 + 5,000 75 20 10 50 35 25% All other uses 21,780 75 50 5/30 3 20 35 25% Without public water or sewer 1 Family Dwelling 65,340 60 20 5/15 3 30 35 25% 2 Family Dwelling 87,120 60 20 5/15 3 30 35 25% >2 Family Dwelling 87,120 + 20,000 100 20 10 50 35 25% All other uses 87,120 100 50 5/30 3 20 35 25% Residential w/ water & sewer 10,890 90 40 15 50 35 15% w/o water or sewer 65,340 175 40 15 50 35 15% 1 Height restriction does not apply to silo or agricultural containment areas. 2 Corner Lots in Residential Development and Residential shall provide an additional 10 feet of side yard along the non-frontage road. 3 Minimum side yard requirements specified as a fraction represents the minimum requirement of one side yard and the combined minimum for both side yards. For example, 5/15 represents a side yard minimum of 5 feet with a combined minimum of 15 feet for both side yards. 309. Permitted Uses and Conditional Use Chart The permitted uses and conditional uses for each district are shown below and are considered principle uses unless clearly noted. Conditional uses may be granted or denied by the Board of Wayne Township Supervisors with the advice of the Wayne Township Planning Commission in accordance with the express standards and criteria of this chapter. In granting a special exception, the board may attach reasonable conditions and safeguards as it may deem necessary to implement the purpose of this chapter and protect the neighborhood. Uses in each category shall be according to the common meaning of the term or according to definitions set forth in Article 9. Whenever in any district established under this chapter a use is not specifically permitted within any district and an application is made by a property owner to the zoning officer for such use, the zoning officer shall refer the application to the zoning hearing board which shall have the authority to permit or deny the proposed use. The use may be permitted if it is similar to and compatible with permitted uses in Wayne Township Zoning Ordinance Page 8
the district and in no way is in conflict with the general purpose and intent of this chapter or any provision permitting the same; provided, that the same shall comply and follow all regulations for such use. Use CN IND INS RD RMU R1 Accessory Structures P P P P P P Accessory Uses P P P P P P Agriculture P P P P P C Airports, Heliports, Ultra-light Airports C C Billboards C Business: Agriculture related P P P Business: Car Washes P P C Business: Home Based (employees P P C up to 4) Business: No-Impact Home Based C C C P P P Business: Repair / Service P P P Business: Retail P P Business: Retail Limited P P Business: Sexually Oriented C Business: Warehouse / Wholesale P C C Cemeteries C C C C C C Churches P P P P P P Clinic: Dental P P P Clinic: Medical P P P Clinic: Methadone C Clinic: Veterinary P P P Clubs, Lodges ( Private ) C C Clubs: Fraternal Clubs C C Communication Towers C C C Convenience Store P Daycare Center (more than 12 children) C P Daycare Center: Family Daycare (Less than 4 children) P P C Daycare Center: Family Daycare Center (Less than 12 more than 4) P P Driving Range C C C Dwelling: Single Family C P P P Dwelling: Multiple Family (3 & 4 units) Dwelling: Multiple Family (5 or more units) C C Dwelling: Two-Family P P C Essential Services P P P P P P Facilities / Workshops providing services or employment for mentally or physically handicapped persons Fitness Center / Gym P Forest Preserve C C Forestry P P P P P P Funeral Homes P P Gas Station P C C C Wayne Township Zoning Ordinance Page 9 P P P
Use CN IND INS RD RMU R1 Golf Course P Governmental Facilities P P P P C Greenhouse and Nurseries C P P Homes: Family Living P Homes: Group C C Homes: Manufactured P P P Homes: Mobile C Homes: Nursing P Homes: Personal Care C C Homes: Residential & Community Habilitation P Homes: Transitional / Halfway / Community Correction Center C Community Correction Institution Hospital P P C Ice Cream Shop P P Industrial Park P Junk Yard C C C Landfill / Solid Waste Transfer Facility C Lodging: Bed & Breakfast P P Lodging: Hotel, Motel, Motor Inn P P Manufacturing: Asphalt Products manufacturing and storage C Manufacturing: Chemical Processing and Production C Manufacturing: Heavy P Manufacturing: Home or Farm Based P C C Manufacturing: Light P C C Manufacturing: Others Any other manufacturing use not otherwise specified which is not objectionable to immediate neighbors P because of noise, vibration or emission of noxious gases, fumes or dust. Mineral Extraction C C C P C Mobile Home Parks C Offices: All types P P P P Offices: Professional P P P P Oil & Gas Extraction C C C P P C Oil & Gas Wellheads C C C P P Parking Lots: Off Street P P C P Power Plants P C Prison: Private C C Public Facilities (Municipal Utilities) P P P P P P Public Penal Institution C C Recreation: Campground & RV Parks C C Recreation: Indoor Commercial / Private P P P Recreation: Non-Commercial / nonprofit / Public C P Recreation: Outdoor Commercial / Private C P C Wayne Township Zoning Ordinance Page 10
Use CN IND INS RD RMU R1 Recreation: Parks & Playgrounds: Public P P P P Recreation: Tent Camps C C Recycling and Refuse Reduction Center C C Rehabilitation Center C Restaurant / Bars C C Rooming Houses P P Sanitary Landfills C C Sawmill / Permanent P P P Sawmill / Portable C P P P Schools P C Self-Storage Facilities P C P Sewage Treatment Plants P Signs / Outdoor Advertising C C C C C C Specialized Animal Raising and Care P P C Stable, Riding Arena P P Supply Yards: Landscaping / Contractor P P C Truck Terminals P P Veterinarian Office / Kennel / Stable P C Warehousing & Distribution P P C Wayne Township Zoning Ordinance Page 11
309.01 Special Provisions This section is intended to comply with the requirements of Section 603 (C) of the PAMPC. A. Prime Agricultural Land: The Township is a rural place and is not fully developed. There are active farms currently within its borders. Provision to promote and preserve agriculture is found in the Rural Development District. B. Historic Preservation: The Township supports the concept of historic preservation and will entertain proposals to create a Historic District under Act 167 of 1961. C. Forestry: The practice of forestry, including timber harvesting, is declared as a permitted use in all districts. It is subject to the following conditions: 1 Any harvesting shall present an approved erosion and sedimentation control plan prior to the issuance of a zoning permit, as needed. 310. Criteria for Permitted Uses with Conditions, Conditional Uses, and Special Exceptions 310.01 Dwelling Units A. Ancillary residential units may be authorized pursuant to the standards and criteria specified below: 1 Such units shall be compliant with any applicable state regulations, and have approved sewage facilities. B. Second Residence on-lot. A second residential structure will be allowed on a lot in the RD Rural Development District, the RMU Residential Mixed Use District and the R1 Residential District if the following conditions are met: 1 The secondary residential structure must be so situated on the lot so it is possible to divide it from the existing lot with both lots in full compliance with this ordinance and Wayne Township s Subdivision and Land Development Ordinance. 2 The secondary residential structure shall have separate water supply and sanitary sewer facilities and such facilities shall comply with all applicable Department of Environment Protection DEP regulations. Wayne Township Zoning Ordinance Page 12
Article 4 ADDITIONAL LAND USE AND ZONING DISTRICT PROVISIONS 401. SPECIFIC LAND USE PROVISION 401.01 Airports, Heliports, Ultra-light Airports A. Such uses shall require certification from the Federal Aviation Administration (FAA). B. Such uses should be located on a major thoroughfare, adjacent to non-residential uses, such as commerce, industry, or recreation, or adjacent to sparsely settled residential uses. 401.02 Cemeteries The purpose of cemeteries, under this ordinance, is to provide a proper burial ground for persons. Prior to the establishment of a new facility or expansion of an existing cemetery, the owner shall: A. File a site plan to demonstrate the design and layout of the proposed cemetery or cemetery expansion and specifically illustrating: the proposed drainage plan, the internal circulation plan, and the location of accessory building(s). B. Connections to existing township streets will be no closer than fifty (50) feet to a street intersection, fifteen (15) feet to a fire hydrant, thirty (30) feet to a driveway on the same side of the street and shall avoid streets or driveways opposite proposed means of ingress and egress. C. Shall demonstrate compliance with applicable state laws. D. All accessory uses must be clearly incidental and subordinate to the function of the cemetery. E. All new facilities shall have a size of at least five (5) acres. 401.03 Churches, Schools, Hospitals and Nursing Homes A. Shall provide all parking and loading/unloading requirements as required by this ordinance. B. The design and landscaping shall be compatible with and preserve the character of adjoining residential uses. C. All parking and recreation/play areas that abut residential uses shall provide screen planting. D. Any outdoor lighting shall be designed to prevent glare to adjoining properties. E. Such uses shall have, and present, all needed local, county, state or federal permits, or applications for needed permits. If needed permits are in the application stages, the final approval for same shall be a condition prior to issuing a Certificate of Occupancy. Wayne Township Zoning Ordinance Page 13
401.04 Commercial Recreation These particular uses by their nature can generate noise or excessive activity adversely affecting neighboring properties. Standards shall be based upon the type of activities. Indoor uses shall: A. Maintain a lot of at least two (2) acres. B. Present evidence of compliance with Labor and Industry (PA) building regulations. Outdoor uses shall: C. Maintain a lot of at least six (6) acres. D. Present a plan for the use, time and duration of any outdoor speakers. Outdoor speakers shall comply with the Wayne Township Noise Ordinance. E. Safety fencing of at least four (4) feet in height shall be provided to enclose all spaces utilized for outdoor activities that abut a public road or street or commercial parking lot. F. All yards that abut the R1 Residential District shall employ an opaque fence of at least eight (8) feet in height, in addition the area shall be planted with trees and/or shrubs unless an alternate landscape plan as provided for under Section 513 is recommended to be approved by the Wayne Township Planning Commission and approved by the Wayne Township Board of Supervisors. G. All side yards shall be increased by ten (10) feet. H. Present evidence of compliance with Labor and Industry (PA) building regulations. I. Outdoor lighting shall be shielded to prevent glare to neighboring properties. Intensive Uses shall: A. Maintain a lot of at least six (6) acres. B. All yard setbacks shall be fifty (50) feet. C. No intensive use shall directly abut the R1 - Residential District. D. Intensive uses shall maintain a combination of 2 or more forms of screening on all yard areas. E. Hours of operation shall not commence before 8:00 A.M., nor continue past 10:00 P.M. F. Outdoor lighting shall be shielded to prevent glare to neighboring properties. G. Present evidence of compliance with Labor and Industry (PA) building regulations. 401.05 Communication Towers A. The applicant shall demonstrate that it is licensed by the Federal Communications Commission to operate a communications tower, if applicable, and communication antennas. Wayne Township Zoning Ordinance Page 14
B. The applicant shall demonstrate that the proposed communications tower and communications antennas proposed to be mounted thereon comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation. C. Communication towers shall comply with all applicable Federal Aviation Administration and Commonwealth Bureau of Aviation Regulations. Towers must comply with the Wayne Township s Subdivision and Land Development Ordinance as a subdivision for lease. D. Any applicant proposing construction of a new communications tower shall demonstrate that a good faith effort has been made to obtain permission to mount the communications antennas on an existing building, structure or communications tower. A good faith effort shall require that all owners of potentially suitable structures within a one-quarter (1/4) mile radius of the proposed communications tower site be contacted and that one (1) or more of the following reasons for not selecting such structure apply: 1 The proposed antennas and related equipment would exceed the structural capacity of the existing structure and its reinforcement cannot be accomplished at a reasonable cost. 2 The proposed antennas and related equipment would cause radio frequency interference with other existing equipment for that existing structure and the interference cannot be prevented at a reasonable cost. 3 Such existing structures do not have adequate location, space, access or height to accommodate the proposed equipment or to allow it to perform its intended function. 4 Addition of the proposed antennas and related equipment would result in electromagnetic radiation from such structure exceeding applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation. 5 A commercially reasonable agreement could not be reached with the owners of the structure. E. Access shall be provided to the communications tower and communications equipment building by means of a public street or easement to a public street. The easement shall be a minimum of twenty (20) feet in width and shall be improved to a width of at least ten (10) feet with a dust-free, all weather surfaces for its entire length. F. A communications tower may be located on a lot occupied by other principal structures and may occupy a leased parcel within a lot meeting the minimum lot size requirements for the zoning district. G. The applicant shall demonstrate that the proposed height of the communications tower is the minimum height necessary to perform its function. Wayne Township Zoning Ordinance Page 15
H. Unless pre-empted by airport zoning, the maximum height of any communications tower shall be two hundred fifty (250) feet; provided, however, that such height may be increased to no more than three hundred (300) feet, provided the required setbacks from adjoining property lines (not lease lines) are increased by one (1) foot for each one (1) foot of height in excess of two hundred fifty (250) feet. I. The foundation and base of any communications tower shall be set back from a property line (not lease line) with any residential use at least one hundred (100) feet and shall be set back from any other property line (not lease line) at least fifty (50) feet. J. The base of a communications tower shall be landscaped so as to screen the foundation and base and communications equipment building from abutting properties. K. The communications equipment building shall comply with the required yards and height requirements of applicable zoning district for an accessory structure. L. The applicant shall submit certification from a Pennsylvania Registered Professional Engineer that a proposed communications tower will be designed and constructed in accordance with the current Structural Standards for Steel Antenna Towers and Antenna Supporting Structures, published by the Electrical Industrial Association/Telecommunications Industry Association. M. The applicant shall submit a copy of its current Federal Communications Commission license; the name, address and emergency telephone number for the operator of the communications tower; and a Certificate of Insurance evidencing general liability coverage in the minimum amount of one million dollars ($1,000,000) per occurrence and property damage coverage in the minimum amount of one million dollars ($1,000,000) per occurrence covering the communications tower and communications antennas. N. All guy wires associated with guyed communication towers shall be clearly marked so as to be visible at all times and shall be located within a fenced enclosure. O. The site of a communications tower shall be secured by a fence with a minimum height of eight (8) feet to limit accessibility by the general public. P. No signs or lights shall be mounted on a communications tower, except as may be required by the Federal Communications Commission, Federal Aviation Administration or other governmental agency that has jurisdiction. Q. If a communications tower remains unused for a period of twelve (12) consecutive months, the owner or operator shall dismantle and remove the communications tower within six (6) months of the expiration of such twelve (12) month period. R. One (1) off-street parking space shall be provided within the fenced area. Wayne Township Zoning Ordinance Page 16
401.06 Correctional Facility or Halfway House; Methadone Clinic or Drug Treatment Center A. Shall present the Wayne Township Supervisors with a security plan which takes into account the safety of township residents. B. Does not abut a pre-existing single-family home. C. Shall meet all applicable state laws governing said facilities. 401.07 Service Stations, Service and Repair Businesses, Convenience Stores A. Any fuel pumps shall be at least thirty (30) feet from any road right-of-way and at least thirty (30) feet from a side lot line. B. No vehicles will be parked or stored within setback lines, except on a short term basis (less than twelve (12) hours). C. There shall be no outdoor unscreened stockpiling of inventory of substantial nature. All lighting shall be indirect, or designed to prevent glare to neighboring properties. D. All compressors shall be enclosed to muffle their sound from surrounding uses. E. All underground storage tanks shall be in compliance with all federal or state regulations. Any tanks remaining unused for a period of six (6) months shall be removed by the owner of record. 401.08 Establishments for the Storage and/or Sale of Junk A. When the zoning board shall deem it necessary and desirable, any parcel on which establishments for the storage and/or sale of junk are located shall be enclosed on all sides, except for an entrance or exit not over twenty-five (25) feet in width, by a solid wall or solid fence at least six (6) feet in height and maintained in good condition. As an alternative, an open fence at least six (6) feet in height and surrounded, except for an entrance or exit described above, by evergreens at least six (6) feet in height at maturity and planted no further than six (6) feet apart so as to form a solid screen may be used; B. It shall not emit any offensive odors or noxious, toxic, or corrosive fumes or gases; C. It shall not exhaust into the air any excessive dust or smoke; D. Buildings and/or structures on the property shall be classified as fire-resistant and activities shall be carried on in such a manner and with such precautions against fire and explosion hazards as to produce no exposure hazards to adjacent properties; E. Junk shall not be allowed to accumulate or be stacked or piled to a height greater than six (6) feet above ground level; F. It shall meet all applicable requirements including, but not limited to, waste management and air quality of state and federal agencies including, but not limited to, the Pennsylvania Department of Environmental Protection, Pennsylvania Department of Transportation, and U.S. Environmental Protection Agency. Wayne Township Zoning Ordinance Page 17
401.09 Group Day Care Homes and Day Care Centers Day care services for children have three (3) separate types (see Article 9 for definitions), family day care homes, group day care homes and day care centers. The latter uses shall be allowed as a conditional use providing the following criteria are met: A. Any outdoor play area shall be effectively fenced from access to abutting properties or streets with a solid or opaque fence of at least four (4) feet in height. B. For all new construction, and where feasible for existing structures, circular driveways shall be provided to deliver and pick up children. These will be for the safety of the children and the protection of the neighborhood. In any event, there shall be an off-street area for loading/unloading children. 401.10 Heavy Manufacturing Heavy manufacturing shall be located where the emission of objectionable gases, fumes, smoke or dust will not be objectionable to established permitted uses nearby or is controlled by the installation of special equipment. Outside storage yards abutting or immediately across a street from any residential or retail commercial use shall be screened. They shall meet all performance standards set forth in Section 512. 401.11 Home and Farm-Based Manufacturing Shall be permitted as a Conditional Use, provided: A. Shall increase all side and rear yards by twenty-five (25) feet in those instances where they abut residential uses. B. Shall have no more than five (5) employees. 401.12 Home Based Businesses A. It shall be conducted entirely within either the dwelling unit or accessory building and/or structure provided that such accessory building and/or structure is clearly accessory and subordinate to the dwelling (principal building) B. If the business is conducted in the accessory building and/or structure, one hundred (100%) percent of the gross floor area of the accessory building and/or structure shall be devoted to the home based business; C. No more than forty-nine (49%) percent of the gross floor area of the dwelling (principal building) shall be devoted to the home based business; D. No more than two (2) persons other than occupants of the dwelling shall be employed at the home based business. E. The business may not involve any illegal activity or illegal substance. 401.13 Horticulture or Garden Shall be permitted in all districts as an accessory use. A. Retail or wholesale sales of goods or products derived from a Garden accessory to a primary residential use are prohibited in Residential (R1) District. Wayne Township Zoning Ordinance Page 18
401.14 Kennels and Veterinary Clinic/ Animal Hospitals A. Any parcel used for the external boarding of animals shall be completely enclosed by a solid fence; B. Kennels, veterinary clinics and/or animal hospitals shall not locate within two hundred (200) feet of a residential dwelling. 401.15 Light Manufacturing A description of activities shall be provided to show evidence that it can meet all performance standards of Section 512 of this ordinance. 401.16 Limited Retail Business The purpose of this use is to allow smaller retail operations in a RD-Rural Development District or RMU- Residential Mixed Use environment. Such uses shall: A. Provide all parking required by this ordinance on lot. B. All compressors shall be so enclosed as to baffle their sound from surrounding uses. C. All signage shall be lit by indirect means. D. No building shall exceed thirty five (35) feet in height in any district. 401.17 Mini-Storage Facilities These structures are also known as self-service storage facilities and consist of one or more larger buildings which are divided into small separate units. These units, often the size of a single garage, are then rented for storage, normally for personal goods. Such uses must adhere to the following regulations: A. There shall be no outdoor storage of any type other than motor vehicles, boats, trailers or recreational vehicles B. In addition to the required side and rear yards, an additional ten (10) foot buffer yard shall be required. C. Each such facility shall be serviced by both ingress and egress driveways of at least twelve (12) feet in width. D. The entire complex shall be surrounded by a security fence at least six (6) feet but not greater than eight (8) feet in height. Said fence shall be no closer to any lot line than ten (10) feet. E. There shall be no rental of space for active uses, such as gatherings or music practice. 401.18 Multi-Family Residential Dwellings (5 or more units) The following provisions shall apply to any new multi- family construction or conversions of single-family dwellings into multi- family dwellings of five (5) or more units. A. Maximum number of twelve (12) dwelling units shall be permitted per structure. B. Multi- family developments containing more than one (1) structure shall be arranged in such a way to allow for adequate light, air and access. 1 No two (2) structures shall be closer to each other than twenty (20) feet. Wayne Township Zoning Ordinance Page 19
2 All structures shall be set back from private roadways a minimum of twenty-five (25) feet. C. Internal streets built and maintained for private service to the development shall be paved and shall be located and have capacity to: 1 Prevent blockage of vehicles entering or leaving the site and minimize conflicts between pedestrian/ vehicular and vehicular/ vehicular movements within the site. 2 Provide adequate area for servicing of the site by delivery trucks, refuse collection and other service vehicles without blockage or interference with the use of driveways or off- street parking. D. Adequate, pedestrian facilities shall be incorporated into the development to assure the safe movement of pedestrians between dwellings, to parking areas, community office, or other service areas and recreational areas. E. When sidewalks exist along a street, multi- family residential developments shall provide a sidewalk connection, either directly from an entrance or by constructing pedestrian facilities or continuing the sidewalk throughout the development, providing pedestrian access from all dwellings to the existing sidewalk. Sidewalks shall be separated from vehicular traffic by grade separation, curbing, or landscaping. F. Adequate storm drainage facilities shall be installed to ensure that storm water does not flow onto abutting property, sidewalks and/or streets in such quantities as to cause detrimental effect or inconvenience. 1 Design of storm water management shall meet the requirements of the Wayne Township Subdivision and Land Development Ordinance and the Act 167 Stormwater Management Ordinance 2 Maximum rates of storm water runoff from the property after development shall not exceed the rate of runoff from the property prior to development. 3 Drainage of increased storm water runoff caused by the development shall be managed so as to be directed away from buildings and prevent ponding, accelerated erosion, or flowing onto adjacent properties, sidewalks and/or streets using the best management practices as specified by the Pennsylvania Association of Conservation Districts. 4 Storm drains may be required throughout the site where such could connect into a municipal storm water system. Additional flow into surface gutters is discouraged. G. Open space requirements: 1 In multi- family developments of greater than twelve (12) units, a minimum of ten percent (10%) of the gross area of the development or one thousand (1,000) square feet per dwelling unit, whichever is greater, shall be provided for Wayne Township Zoning Ordinance Page 20
recreation or open space. The recreation or open space shall be easily accessible to all units. The applicant shall show how such recreation or open space shall be maintained permanently and shall present implementing documents to ensure such maintenance. 2 At the determination of the Wayne Township Supervisors, this requirement may be reduced by fifty (50%) percent if there is a public park within five hundred (500) feet of the proposed development that can be accessed via a sidewalk or other pedestrian or bicycle way. H. Multi- family residential developments of five (5) or more units shall provide landscaping in order to minimize their effects on neighboring properties and reduce the impacts of noise, light and heat. These requirements shall apply where a new development is proposed on vacant land, an existing structure will be expanded in gross floor area by fifty (50%) percent or greater, or an existing use is removed and a new development is proposed, provided: 1 A variety of landscaping components shall be used such as canopy trees, ornamental and flowering trees, evergreens, shrubs and bushes, and perennial and annual flowers and plants. 2 Any part or portion of a multi- family residential development of five (5) or more units that is not used for buildings and/or structures, parking or loading spaces, streets, driveways, aisles, pedestrian ways, recreational equipment and facilities and areas designated for storage shall be planted and maintained with grass or other all season groundcover vegetation. 3 Parking areas shall be landscaped according to parking and loading provisions of this ordinance 4 The preservation of existing vegetation is encouraged. 5 All plantings shall be installed and maintained in healthy condition by the developer/ owner of the property. Any canopy, ornamental, flowering, or evergreen tree, shrub, bush, perennial and/or annual flower or plant that dies within eighteen (18) months of initial planting shall be replaced. 6 Any landscaping shall not, by reason of location or height, constitute a traffic hazard. I. Repair, maintenance, storage areas or facilities, sewage treatment buildings and dumpsters shall be effectively and attractively screened from dwelling units, internal private streets and public streets by man- made screens or natural plant materials. A man- made screen shall mean a wood or vinyl solid fence or a brick, cobblestone, or other decorative concrete wall of at least six (6) feet in height capable of fully screening such facilities. A natural plant screen shall mean a single row of evergreen shrubs, capable of forming a complete screening of at least six (6) feet in height at maturity. All dwelling units shall be located at least fifty (50) feet from any of the above facilities and structures. Wayne Township Zoning Ordinance Page 21