ARTICLE 4 ADDITIONAL REQUIREMENTS FOR SPECIFIC USES
A. This Article establishes additional specific requirements for certain specific uses, in addition to the sign, parking, environmental and other general requirements of this Ordinance and the requirements of each District. Wherever two requirements conflict, the stricter requirement shall apply.
1. For uses allowed within a specific Zoning District as "Special Exception" Uses, see also the procedures and standards in Section 116.
2. The first part of this Article (402) addresses principal uses and the second part (403) addresses accessory uses.
402. ADDITIONAL REQUIREMENTS FOR SPECIFIC PRINCIPAL USES.
A. Each of the following uses shall meet all of the following requirements for that use:
1. Adaptive Reuse of a Former School, Place of Worship or Industrial Building.
a. As a special exception, where authorized by Section 306, the Zoning Hearing Board may approve the adaptive reuse of a building that was previously occupied as a primary or secondary school, place of worship, accessory building to a place of worship (such as a rectory or convent) or a principal industrial use. The Zoning Hearing Board may allow the conversion of the building into apartments, offices, personal service uses, retail sales uses, community center, restaurant, exercise club, wedding chapel, banquet hall, funeral home, a personal care home, a nursing home or other uses that the Zoning Hearing Board determines are similar in impacts. The applicant shall not be required to show proof of hardship to gain approval under this Section.
b. The approval shall specify the maximum number of dwelling units approved on the lot. A minimum lot area per dwelling unit is not specified, but the Zoning Hearing Board shall consider reasonable use of the property in determining a maximum density. The intent is to allow a higher density for dwelling units that are age restricted or that include only one bedroom.
c. An addition of up to 20 percent of the existing floor area may be approved as part of this approval. Any larger addition shall comply with the zoning district regulations.
d. Upon request of the applicant, the Zoning Hearing Board may modify off-street parking requirements as part of this approval. The applicant shall provide testimony that they have considered all reasonable alternatives to provide parking to meet Section 601, and that the modification of parking requirements will not create a serious shortage of on-street parking in the neighborhood.
e. The applicant shall describe in writing or on plans any measures that will be used to preserve historic architectural features of the building.
f. A building addressed by this subsection may also be converted into a single family detached dwelling as by a by right use without having to meet any zoning regulations, other than obtaining a permit.
2. Adult Use. (This is limited to the following: Adult Bookstore, Adult Movie Theater, Massage Parlor, or Adult Live Entertainment Facility)
a. Purposes. The regulations on Adult Uses are intended to serve the following purposes, in addition to the overall objectives of this Ordinance.
(1) To recognize the adverse secondary impacts of Adult Uses that affect health, safety and general welfare concerns. These secondary impacts have been documented in research conducted across the nation. These secondary impacts typically include, but are not limited to: increases in criminal activity, increases in activities that increase the risk of transmission of sexually transmitted diseases, increases in activities that increase the risk of transmission of other communicable diseases, increases in blight, decreases in the stability of residential neighborhoods, and decreases in property values for surrounding homes, and decreases in the marketability of nearby commercial business space. The research conducted across the nation concludes that Adult Uses typically involve insufficient self-regulation to control these secondary effects.
(2) To limit Adult Uses to locations where these secondary impacts can be minimized, particularly as they affect residential neighborhoods and commercial revitalization.
(3) To not attempt to suppress any activities protected by the "free speech" protections of the State and U.S. Constitutions, but instead to control secondary effects.
b. An Adult Use and its parking area shall not be located within any of the following distances, whichever is most restrictive:
(1) 500 lineal feet from the lot line of an existing dwelling,
(2) 500 lineal feet from the lot line of any lot in a residential zoning district,
(3) 1,000 lineal feet from the lot line of any primary or secondary school, place of worship, library, public park, day care center or child nursery.
c. No Adult Use shall be located within 1,000 lineal feet from any existing "adult use."
d. A 50 feet buffer yard shall be provided, regardless of zoning district, along the side and rear lot lines. If such buffer area does not include substantial mature trees that will be preserved, it shall include continuous screening by evergreen trees with an initial height of 5 feet.
e. No pornographic material, displays or words shall be placed in view of persons who are not inside of the establishment. Definite precautions shall be made to prohibit minors from entering the premises.
f. No Adult Use shall be used for any purpose that violates any Federal, State or municipal law.
g. Pornographic and sexually explicit signs and displays shall be prohibited that are visible from outside of the premises.
h. The Adult Use shall not include the sale or display of "obscene" materials, as defined by Pennsylvania criminal law, as may be amended by applicable Court decisions.
i. An Adult Use shall be prohibited in all Districts except where specifically allowed under Section 306. An Adult Use is a distinct use, and shall not be allowed under any other use, such as a retail store or club.
j. A minimum lot area of 1 acre is required.
k. For public health reasons, private or semi-private viewing booths of any kind are prohibited. This specifically includes, but is not limited to, booths for viewing adult movies or nude dancers.
l. No use may include live actual or simulated sex acts nor any physical or sexual contact between employees and entertainers nor or between employees or entertainers and customers. At an Adult Live Entertainment Use, employees or entertainers shall maintain a minimum distance of 3 feet from customers. This shall include, but not be limited to, a prohibition on “lap dancing.”
m. Only "lawful" massages as defined by State court decisions shall be performed in a massage parlor.
n. All persons within any adult use shall wear non-transparent garments that cover their genitals and the female areola, except within a permitted lawful "adult live entertainment facility."
o. Any application for such use shall state the name and daytime address of an on-site manager responsible to ensure compliance with this Ordinance on a daily basis. A telephone number shall be provided where the on-site manager can be reached during County business hours. Such information shall be regularly updated in writing to the Zoning Officer.
p. The use shall not operate between the hours of 12 midnight and 7 a.m.
q. As specific conditions of approval under this Ordinance, the applicant shall prove compliance, where applicable, with the following State laws, as amended: the Pennsylvania Liquor Code, Act 219 of 1990 (which pertains to sale or consumption of alcohol between 2 a.m. and 8 a.m.), Act 207 of 1990 (which pertains to obscenity) and Act 120 of 1996 (which pertains to Adult-Oriented Establishments and which limits enclosed viewing booths among other matters).
r. An adult use shall not be on the same lot as a use that sells alcoholic beverages.
3. After Hours Club. This use is effectively prohibited by State Act 219 of 1990, as amended (Section 7327 of Title 18 of the Pennsylvania Statutes). In the event that the use would be determined to be allowed, a 500 feet setback shall apply from the building and any parking areas from any residential zoning district. The applicant shall prove that adequate on-site security will be in place.
4. Airport.
a. As part of any special exception use approval required under Article 3, the Zoning Hearing Board shall have the authority to establish reasonable conditions that limit the types, sizes and weights of aircraft and the hours of operation in order to minimize noise nuisances to dwellings.
b. As part of a special exception use application, the applicant shall provide evidence that flight patterns will be designed to minimize noise nuisances to dwellings.
c. Each end of a runway shall be setback a minimum of 150 feet from all lot lines. Each side of a runway shall be setback a minimum of 75 feet from all lot lines.
5. Animal Cemetery.
a. All the regulations for a "cemetery" in this Section shall apply.
6. Apartments. See "Townhouses and Apartments" in this Section 402.
7. Assisted Living Facility/Personal Care Center. The standards for nursing homes in this section shall apply.
8. Auto, Boat or Mobile/Manufactured Home Sales.
a. No vehicle, boat or home on display shall occupy any part of the street right-of-way.
b. Any mobile/manufactured homes on a sales site shall meet the required principal building setbacks from the perimeter lot lines.
9. Auto Repair Garage.
a. Outdoor storage of motor vehicles shall not be within any required buffer yard or street right-of-way.
b. The use shall not meet the definition of a "junkyard" (as defined by Article 2) unless the requirements for such use are also met.
10. Auto Service Station.
a. This use may be combined with an Auto Repair Garage if the requirements for each are met.
b. Fuel pumps shall be at least 25 feet from the street right-of-way and shall meet side yard principal building setback requirements.
c. The use shall not meet the definition of a "junkyard" (as defined by Article 2) unless the requirements for such use are also met.
d. The use may include a "convenience store" if the requirements for such use are also met.
e. A canopy shall be permitted over the gasoline pumps with a minimum front yard setback of 20 feet from each street right-of-way line. Such canopy may be attached to the principal building. A portion of the allowed wall sign area may be placed on the canopy.
11. Bed and Breakfast Inn.
a. Within an agricultural or residential district (where permitted under Section 306), a maximum of 6 rental units shall be provided and no more than 3 adults may occupy one rental unit. No maximums shall apply within other permitted districts.
b. One off-street parking space shall be provided for each rental unit, plus employee parking. To the maximum extent feasible, any area of 5 or more new off-street parking spaces shall be: a) located either to the side or rear of the principal building and b) screened from the street and abutting dwellings by landscaping.
c. The use shall be owned, operated or managed by permanent residents of the lot.
d. There shall not be separate cooking facilities in any guest room. Food shall only be served to guests who are staying overnight, unless a restaurant is also permitted.
e. Guests shall not routinely stay for more than 21 days in any month.
12. Boarding House (includes Rooming House).
a. Minimum lot area- 20,000 square feet, unless a larger lot size is required by the zoning district regulations.
b. Minimum side yard building setback - 30 feet side
c. Minimum lot width- 150 feet
d. Maximum density- 3 bedrooms per acre; but in no case shall the lot serve a total of more than 20 persons.
e. Each bedroom shall be limited to 2 adults each.
f. A buffer yard with screening meeting Section 803 shall be provided between any boarding house building and any abutting dwelling.
g. Note: There are separate standards for an "assisted living facility," which is not considered a boarding house.
13. Campground, Camp or Recreational Vehicle Park.
a. Retail sales shall be allowed as an accessory use, provided that in a residential district, the store is primarily intended to serve persons camping on the site.
b. Minimum lot area - 1 acre in an allowed commercial or industrial district, 5 acres in any other district where the use is permitted under Article 3.
c. All campsites, recreational vehicle sites, and principal commercial buildings shall be setback a minimum of 75 feet from any contiguous lot line of an existing dwelling or public recreation land that is not part of the Campground or Camp. Within this buffer, the applicant shall prove to the maximum extent feasible that any existing healthy trees will be maintained and preserved. Where healthy mature trees do not exist within this buffer, and if practical considering soil and topographic conditions, new trees shall be planted within this buffer.
(1) The screening of evergreens provided in Section 803 between business and residential uses is not required if the tree buffer would essentially serve the same purpose, or if removal of mature trees would be needed to plant the shrubs.
d. Buildings used for sleeping quarters shall not be within the 100-year floodplain.
e. No person other than a bona fide resident manager/caretaker shall reside on the site for more than 6 months in any calendar year. No recreational vehicle shall be occupied on the site for more than 6 months in any calendar year by any one individual or one family.
f. See also regulations in the County Subdivision and Land Development Ordinance or applicable Subdivision and Land Development Ordinance for a “Recreational Vehicle Park”.
14. Car Wash.
a. On-lot traffic circulation channels and parking areas shall be clearly marked.
b. Adequate provisions shall be made for the proper and convenient disposal of refuse. The applicant shall provide evidence that adequate measures will be in place to prevent pollutants from being washed into the groundwater or waterways. Any chemicals or polluted runoff that may be hazardous to aquatic life shall be stored within an area that will completely contain any leaks, spills or polluted runoff.
c. Water from the car wash operation shall not flow onto sidewalks or streets in such a manner as could cause ice hazards.
d. Any car wash that is located within 250 feet of an existing dwelling shall not operate between the hours of 10:00 p.m. and 7:00 a.m.
15. Cemetery.
a. Minimum lot area 2 acres, which may be on the same lot as an allowed place of worship.
b. A crematorium, where allowed by Article 3, shall be setback a minimum of 250 feet from all lot lines of existing dwellings and all undeveloped residentially zoned lots.
c. All structures and graves shall be setback a minimum of: 30 feet from the right-of-way of any public street, 10 feet from the cartway of an internal driveway, and 20 feet from any other lot line. Any buildings with a height greater than 20 feet shall be setback a minimum of 50 feet from all lot lines.
d. No grave sites and no structures shall be located within the 100-year floodplain.
16. Commercial Communications Tower as a principal use.
a. Any commercial communications tower shall only be allowed where specifically authorized in Section 306, and in compliance with the following additional regulations:
(1) Such tower shall be set back from all lot lines and street rights-of-way a distance that is greater than the total height of the tower/antenna above the surrounding ground level. The Zoning Hearing Board may permit an easement arrangement to be used without meeting the setback requirement from the edge of the leased area, provided that there are legal safeguards to ensure that the setback will continue to be met over time from a lot line.
(2) A new tower, other than a tower on a lot of an emergency services station, shall be setback the following minimum distance from any existing dwelling: 200 feet plus the total height of the tower above the surrounding ground level.
(3) The applicant shall describe in writing the policies that will be used to offer space on a tower to other communications providers, which shall serve to minimize the total number of towers necessary in the region. This policy shall be designed to minimize the total number of towers necessary in the County.
(4) An applicant for a new commercial tower shall provide evidence to the Zoning Hearing Board ("the Board") that they have investigated co-locating their facilities on an existing tower and other tall structures and have found such alternative to be unworkable, and that therefore a new tower is needed. The reasons shall be provided.
(5) A maximum total height of 200 feet above the ground shall apply in a commercial and industrial district and 150 feet in any other district where it may be allowed, unless the applicant proves to the Zoning Hearing Board as a special exception use that a taller height is absolutely necessary and unavoidable.
(6) The application shall describe any proposed lighting. The Board may require lighting of a tower even if it will not be required by the Federal Aviation Administration. Such lighting is intended to provide protection for emergency medical helicopters. Strobe lighting shall not be used, but flashing lights may be used.
b. Purposes - These provisions for commercial towers are primarily designed to serve the following purposes, in addition to the overall objectives of this Ordinance:
(1) To protect property values.
(2) To minimize the visual impact of communication towers, particularly considering the importance of the scenic beauty of the area in attracting visitors for outdoor recreation.
(3) To minimize the number and heights of towers in a manner that still provides for adequate telecommunications services and competition.
c. Any communication tower that is no longer in active use shall be completely removed within 6 months after the discontinuance of use. The operator shall notify the Zoning Officer in writing after the tower use is no longer in active use. Any lease shall require such removal by the owner of the tower. Any lease should provide that the lease shall expire once the tower is removed. The Zoning Hearing Board may require that a financial guarantee be posted to pay for removal of the tower if the Board determines such guarantee is needed.
d. All accessory utility buildings or cabinets shall have a maximum height of 25 feet and meet principal building setbacks.
17. Conversion of an Existing Building (including an Existing Dwelling) into Dwelling Units.
a. See Article 3, which regulates where conversions are permitted.
b. A previously residential building shall maintain a clearly residential appearance as viewed from the street, except as may be necessary for restoration of a historic building or the addition of handicapped or fire safety improvements.
c. A maximum total of 4 dwelling units may be developed per lot unless a more restrictive provision is established by another section of this Ordinance, unless the building included more than 4,000 square feet of building floor area at the time of adoption of this Ordinance.
d. Each unit shall meet the definition of a dwelling unit and shall meet the minimum floor area requirements of Section 801.C.
18. Day Care Center, Adult.
a. The use shall include constant supervision during all hours of operation.
b. The use shall not meet the definition of a "treatment center."
19. Day Care Center, Child.
a. Convenient parking spaces within the requirements of Article 6 shall be provided for persons delivering and waiting for children.
b. In residential districts, where permitted as a principal use, a day care use shall have a minimum lot area of 30,000 square feet and a minimum setback for buildings and outdoor play areas of 25 feet from an abutting "residential lot line."
c. The use shall include secure fencing around outdoor play areas.
d. This use shall not be conducted as a principal use in a building that is physically attached to a dwelling that does not have a common owner.
e. See also the standards for a "Place of Worship" in this Section, which allows a day care center as an adjunct use.
20. Gas and Oil Wells. The provisions of Section 403 apply as either a principal or accessory use.
21. Golf Course. A golf course may include a restaurant or clubhouse provided that such building is located a minimum of 150 feet away from any lot line of an existing dwelling. The maximum impervious area covered by man-made surfaces shall not exceed 5 percent of the total lot area of the golf course.
22. Groundwater or Spring Water Withdrawal, involving removal of an averaging of more than 100,000 gallons per day from a lot for off-site consumption. (Note - If the water is being utilized for uses on adjacent lots or as part of a public water system, it shall not be considered off-site consumption.)
a. The provisions of this subsection are not intended to prohibit the actual water withdrawal, but instead to address related uses and activities. The regulations of this subsection shall not apply to water used by a principal agricultural use within the County.
b. If the water will be trucked off-site, the applicant shall provide a written report by a professional engineer with substantial experience in traffic engineering. Such report shall only be required to address the suitability of the public road/street system to handle the resulting truck traffic.
c. If the water will be trucked off-site, any area used for loading or unloading of tractor-trailer trucks shall be setback a minimum of 150 feet from any adjacent residential lot.
23. Group Homes. Group homes are permitted within a lawful dwelling unit, provided the following additional requirements are met:
a. The use shall meet the definition in Section 202.
b. A Group Home shall not include any use meeting the definition of a "Treatment Center."
c. A Group Home shall include the housing of a maximum of 6 unrelated persons, except:
(1) if a more restrictive requirement is established by another code requirement;
(2) the number of bona fide paid professional staff shall not count towards such maximum; and
(3) as may be approved by the Zoning Hearing Board under Section 111.D.
d. The Group Home shall register in writing its location, general type of treatment/care, maximum number of residents and sponsoring agency with the Zoning Officer.
e. Parking - See Section 601.
f. If a Group Home is in a residential district, an appearance shall be maintained that is closely similar to nearby dwellings, and no sign shall identify the use.
g. The persons living on-site shall function as a common household unit.
h. An off-street parking space shall be provided for the largest vehicle that serves the use.
24. Heliport/Helipad.
a. The applicant shall prove that the heliport/helipad has been located and designed to minimize noise nuisances to other properties.
b. The Zoning Hearing Board may place conditions on the size of helicopters, frequency of use, fueling facilities, setbacks and hours of operation to minimize nuisances and hazards to other properties. Provided that the conditions do not conflict with safety or Federal or State regulations, the Zoning Hearing Board may require that the majority of flights approach from certain directions, and not from other directions that are more likely to create nuisances for residential areas.
25 Hotel or Motel.
a. See definitions in Section 202, which distinguish a hotel/motel from a boarding house.
b. Buildings and tractor-trailer truck parking shall be a minimum of 50 feet from any "residential lot line."
26. Junkyard.
a. Storage of garbage or biodegradable material is prohibited, other than what is customarily generated on-site and routinely awaiting pick-up.
b. Outdoor storage of junk and junk vehicles shall be kept at least: a) 100 feet from any residential lot line, and b) 50 feet from any other lot line and the existing right-of-way of any public street.
c. The site shall contain a minimum of 2 exterior points of access, each of which is not less than 20 feet in width. One of these accesses may be limited to emergency vehicles. Cleared driveways with a minimum width of 15 feet shall be provided throughout the entire use to allow access by emergency vehicles. Adequate off-street parking areas shall be provided for customers.
d. Outdoor storage shall be completely enclosed (except at approved driveway entrances) by a 40 foot wide buffer yard which complies with Section 803, unless such storage is not visible from an exterior lot line or street. The initial height of the evergreen planting shall be 6 feet. Secure fencing with a minimum height of 8 feet shall be provided and well-maintained around all outdoor storage areas. Such fencing shall be provided inside of the evergreen screening.
e. Burning or incineration is prohibited.
f. Tires - see the "Outdoor Storage and Display" standards in Section 403.
g. No Junkyard shall be located within the boundaries of the watershed of any Municipality or any Private Water Company whose business is to supply potable water to its citizens or customers or within the boundaries of any publicly owned recreation facility.
h. Any storage of junk shall be maintained a minimum distance of 100 feet from the centerline of any waterway, and shall be kept out of a drainage swale.
i. Where an aspect of a Junkyard is regulated by both this Ordinance and an ordinance of the Borough/Township, the provision that is more restrictive upon the Junkyard use shall apply.
27. Kennel.
a. All buildings in which animals are housed (other than buildings that are completely soundproofed and air conditioned) and all runs outside of buildings shall be located at least 150 feet from all "residential lot lines." This 150 feet setback shall be increased to 200 feet if more than 20 dogs are kept overnight on the lot, and be increased to 250 feet if more than 50 dogs are kept overnight on the lot.
b. Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot routinely be heard within any principal building on another lot.
c. No animal shall be permitted to use outdoor runs from 9 p.m. to 8 a.m. that are within 250 feet of an existing dwelling. Runs for dogs shall be separated from each other by visual barriers a minimum of 4 feet in height, to minimize dog barking.
d. Minimum lot area - 5 acres, unless a larger lot area is required by another section of this Ordinance.
28. Livestock and Poultry Intensive, Raising of.
a. Minimum lot area - 25 acres shall apply for an "Intensive Raising of Livestock or Poultry" use.
b. For an Intensive Raising of Livestock or Poultry use, any building used for the keeping of livestock or poultry shall be located a minimum of: 1) 400 feet from a lot in a R-2 or R-3 district, 2) 200 feet from an existing dwelling that is not within a residential district, and 3) 50 feet from all other exterior lot lines.
c. As a special exception use, the Zoning Hearing Board may approve a smaller setback for the expansion of facilities that existed prior to the adoption of this Section where the applicant proves that there is no reasonable and feasible alternative and where the applicant proves that the lesser distance would not be detrimental to public health or safety or create significant hazards or nuisances, or where the applicant proves that a particular provision is preempted under State law.
d. The setbacks from property lines provided in this section for this use shall not apply from dwellings or lots owned by: 1) the operator or owner of the livestock use, or 2) affected property-owners providing a written notarized letter waiving such setback.
e. The following additional requirements shall apply to an Intensive Raising of Livestock or Poultry use:
(1) The applicant shall describe in writing or on site plans methods that will be used to address water pollution and insect and odor nuisances. Applicants should consider the applicable sections of the Pennsylvania Soil and Water Conservation Technical Guide as published by the U.S. Department of Agriculture and the State Department of Environmental Protection's Manure Management Manual for Environmental Protection, or their successor publications. The applicant may meet this requirement by providing a cross-reference to certain sections of such manuals or other written industry standards to describe the methods that will be used.
Note to Applicant - See procedures and requirements of the State Nutrient Management Act and accompanying State regulations, including manure storage facility setbacks.
(2) Buildings used for the keeping of livestock or poultry shall:
(a) not be located within 100 feet of a perennial stream, river, natural lake, or water supply reservoir, and
(b) not be located within 100 feet of an active public water supply drinking well or an active intake for a public water supply.
f. A zoning permit shall be required for any building. A zoning permit shall not be required for the use of keeping of livestock or poultry by itself, unless the use meets the definition of an “Intensive Keeping of Livestock or Poultry” use.
29. Manufactured Homes and Manufactured Home Parks. See "Mobile/Manufactured Home" and “Mobile/Manufactured Home Park” in this Section.
30. Membership Club.
a. See definition in Article 2.
b. Any active outdoor play areas shall be setback at least 30 feet from any abutting "residential lot line."
c. This use shall not include an “After Hours Club.”
31. Mineral Extraction.
a. The following shall apply to mineral extraction other than water, coal and gas and oil wells (See definition in Section 202):
(1) If a Mineral Extraction use involves mining activities over more than 2 acres of land in any calendar year, then the following additional requirements shall be met:
(a) When mineral extraction is adjacent to a roadway and within the established distance under State regulations, the Zoning Hearing Board may require a 50 feet wide yard covered by natural vegetative an earthen berm and/or the use of a fence
(b) A plan shall be submitted showing sequential phases of mining activities on the land.
b. The following shall apply to Mineral Extraction of Coal:
(1) See various district regulations in Section 306, which may limit the locations of certain mechanical processing facilities and buildings and/or may require special exception approval.
c. See separate provisions in Section 403 for “Gas and Oil Wells.”
32. Mobile/Manufactured Home. Installed on an individual lot or within a mobile/manufactured home park approved after the adoption of this ordinance.
a. Construction. Any mobile/manufactured home placed on any lot after the adoption of this Ordinance shall be constructed in accordance with 1976 or later Safety and Construction Standards of the U.S. Department of Housing and Urban Development. (Note: These Federal standards supersede local construction codes for the actual construction of the home itself.)
b. Anchoring. Notice to Applicant: See requirements of the Construction Codes, in addition to the manufacturer's specifications for installation.
33. Mobile/Manufactured Home Park.
a. Plans and Permits. Plans shall be submitted and reviewed by the County for all mobile/manufactured home parks in compliance with the mobile/manufactured home park provisions of the applicable Subdivision and Land Development Ordinance and all other provisions of such ordinance that apply to a land development, including the submission, approval and improvements provisions (other than specific provisions altered by this Section).
b. The minimum tract area shall be 3 contiguous acres, unless a larger tract area is required by Section 306 in a particular zoning district. This minimum tract area shall be under single ownership.
c. Density The maximum average density of the tract shall be 5 dwelling units per acre.
(1) To calculate this density: a) land in common open space or proposed streets within the park may be included, but b) land within the 100 year floodplain, wetlands and slopes over 25 percent shall not be included.
d. Landscaped Perimeter - Each mobile/manufactured home park shall include a 20 foot wide landscaped area including substantial attractive evergreen and deciduous trees around the perimeter of the site, except where such landscaping would obstruct safe sight distances for traffic. A planting plan for such area shall be approved by the Zoning Hearing Board as part of any required special exception use approval. The same area of land may count towards both the landscaped area and the building setback requirements.
e. The following setbacks shall apply unless a differing requirement applies under the applicable Subdivision and Land Development Ordinance:
(1) A dwelling, including any attached accessory building, shall be setback a minimum of 20 feet from another dwelling within the mobile home park, except that unenclosed decks, patios, porches, awnings and accessory buildings may be 15 feet from the walls of another dwelling.
(2) The minimum separation between homes and edge of interior street cartway or parking court cartway shall be 15 feet.
(3) The minimum principal and accessory building setbacks from exterior/boundary lot lines and rights-of-way of pre-existing public streets shall be 40 feet.
(4) A minimum of 15 percent of the total lot area of the entire mobile home park shall be set aside as common open space for the residents. The applicant shall prove that these areas will be suitable for active or passive recreation. This open space shall be maintained by the owner of the manufactured home park.
f. Each home shall comply with the requirements for "Mobile/Manufactured Homes" stated in the preceding sub-section.
g. Streets. Access to individual mobile home spaces shall be from interior parking courts, access drives or private streets and shall not be from public streets exterior to the development.
h. Utilities. All units within the mobile home park shall be connected to a central water and a central sewage system. The system shall meet appropriate minimum water pressure/fire flow and hydrant requirements. The applicant shall prove that adequate provisions are made for solid waste disposal.
i. Other Requirements. A manufactured/mobile home park shall comply with all of the same requirements that apply to a subdivision or land development of site-built single family detached dwellings, except for requirements that are specifically modified by this section.
34. Motor Vehicle Race Track.
a. All areas used for the racing of motor vehicles and related testing and maintenance shall be setback a minimum of 400 feet from the lot line of an existing dwelling or a residential district boundary. Any improved track used for motorcycles, all terrain vehicles or motor vehicles for commercial purposes shall be setback a minimum of 400 feet from the lot line of an existing dwelling or a residential district boundary.
b. All buildings, parking, loading and unloading areas shall be setback a minimum of 150 feet from the lot line of an existing dwelling or a residential district boundary.
c. The applicant shall prove that the standards of Article 5 will be met.
d. Minimum lot area - 30 acres.
e. For a special exception use, the Zoning Hearing Board may require the installation of sound barriers or berms and/or the planting of additional trees.
35. Nursing Home.
a. Licensing - See definition in Article 2.
b. A minimum of 15 percent of the lot shall be suitable and developed for passive recreation. This area shall include outdoor sitting areas and pedestrian walks.
36. Off-Road Vehicle Park.
a. A use that only involves unimproved facilities with no defined tracks, ramps, structures or parking and which is only used by residents or owners of a lot and their occasional invited guests shall not be regulated by this provision.
b. The use shall comply with provisions of the Subdivision and Land Development Ordinance.
c. Camping facilities, overnight use of recreational vehicles or cabins shall only be allowed if all applicable requirements for a campground are also met.
d. Any area regularly used by off road vehicles or their testing and maintenance shall be setback a minimum of 400 feet from the lot line of an existing dwelling or a residential district boundary. If there is racing by motorcycles or on-road vehicles, the requirements for a Motor Vehicle Race Track shall also be met.
e. All buildings, parking, loading and unloading areas shall be setback a minimum of 150 feet from the lot line of an existing dwelling or a residential district boundary.
f. The applicant shall prove that the standards of Article 5 will be met.
g. Minimum lot area - 30 acres.
h. For a special exception use, the Zoning Hearing Board may require the installation of sound barriers or berms and/or the planting of additional trees.
i. All tracks and buildings shall be setback a minimum of 100 feet from any perennial river, creek or other waterway.
j. The off-road vehicles shall not be operated by customers between the hours of 9 pm and 7 am.
37. Outdoor Storage and Display. The provisions listed for this use under Section 403 shall apply.
38. Picnic Grove, Commercial.
a. All buildings, pavilions and areas used for nighttime activities shall be a minimum of 150 feet from an existing dwelling on another lot. All parking areas shall be setback a minimum of 75 feet from any residential lot line. The use shall not operate between the hours of 11 p.m. and 7 a.m.
b. Minimum lot area - 3 acres.
39. Place of Worship.
a. Minimum lot area- 1.5 acres in a residential district, unless a larger lot area is required by the applicable zoning district. In any other district, a place of worship shall meet the minimum lot area provided in Article 3 for that district.
b. A primary or secondary school and/or a child or adult day care center may be approved on the same lot as a place of worship provided the requirements for such uses are also met
c. A maximum of one dwelling unit may be accessory to a place of worship on the same lot, to house employees of the place of worship and/or an employee and his/her family. Such dwelling shall meet the maximum number of unrelated persons in the definition of a “family.” No other residential use shall be allowed.
40. Recreation, Outdoor
a. All buildings, pavilions and areas used for nighttime activities shall be a minimum of 100 feet from an existing dwelling on another lot. All parking areas shall be setback a minimum of 20 feet from any residential lot line.
b. This term shall not include “Publicly-Owned Recreation,” a “Golf Course,” or a "Motor Vehicle Race Track."
c. In a residential district, the minimum lot area shall be 2.5 acres, unless a more restrictive lot area is established by another section of this Ordinance.
d. Maximum impervious coverage in any residential district - 25 percent.
e. Maximum building coverage in any residential district - 15 percent.
h. A site plan meeting the requirements of Article 1 shall be submitted to the County.
i. Where woods exist adjacent to an exterior lot line of the use adjacent to a residential lot line, such woods shall be preserved within at least 20 feet of such lot line, except for approved driveway, utility and trail crossings. Where such woods will not exist, a 20 feet wide buffer yard in accordance with Section 803 shall be required.
j. Any Restaurant open to the public, Tavern, Firearms Target Range, Camp, Campground, or Commercial Picnic Ground use shall only be allowed if those uses are permitted in the applicable district and if all requirements for each such use(s) are also met.
41. Recreational Vehicle Park. See “Campground, Camp or Recreational Vehicle Park” in this Section.
42. Recycling Collection Center.
a. This use shall not be bound by the requirements of a Municipal Solid Waste (MSW) Landfill.
b. All materials shall be kept in appropriate containers, with appropriate sanitary measures and frequent enough emptying to prevent the attraction of insects or rodents and to avoid fire hazards.
c. This use may be a principal or accessory use, including being an accessory use to a commercial use, an industrial use, a public or private primary or secondary school, a place of worship or a County- or municipally-owned use, subject to the limitations of this section.
d. Materials to be collected shall be of the same character as the following materials: paper, fabric, cardboard, plastic, metal, aluminum, and glass. No garbage shall be stored as part of the use, except for that generated on-site and that accidentally collected with the recyclables. Only materials clearly being actively collected for recycling may be stored on site.
e. The use shall only include the following operations: collection, sorting, baling, loading, weighing, routine cleaning, and closely similar work. No burning or landfilling shall occur. No mechanical operations shall routinely occur at the site other than operations such as baling of cardboard.
f. The use shall not include the collection or processing of motor vehicles or items of similar size.
43. Renewable Energy Facility.
a. The applicant shall provide a written statement describing measures that will be used to minimize hazards from any explosive or fire hazards.
44. Residential Conversions. See "Conversions of an Existing Building" within this Section.
45. Restaurant.
a. See "Drive-Through" service in Section 403.
b. Drive-through service shall only be provided where specifically permitted in the applicable district regulations.
46. School, Public or Private, Primary or Secondary
a. Minimum lot area - 2 acres in a residential district. In any other district, the use shall meet the standard minimum lot area requirement for that district.
b. No children's play equipment, basketball courts or illuminated recreation facilities shall be within 25 feet of a residential lot line.
c. The use shall not include a dormitory unless specifically permitted in the District.
47. Self-Storage Development.
a. Radioactive or highly toxic substances, garbage, refuse, explosives or flammable materials, hazardous substances, animal carcasses or skins, or similar items shall not be stored.
b. Nothing shall be stored in a manner that would obstruct interior traffic aisles that are necessary to provide customer and emergency access to each unit.
c. Adequate lighting shall be provided for security, but it shall be directed away or shielded from any adjacent residential uses.
d. Any outdoor storage or garage doors within 200 feet of a street right-of-way and visible from the street shall be screened from that street by a buffer yard meeting Section 803.
48. Solid Waste Transfer Facility, Municipal Solid Waste (MSW) Landfill, or Solid Waste-to-Energy Facility.
a. All solid waste storage, disposal, incineration or processing shall be at least 200 feet from the following: public street right-of-way, exterior lot line, 100 year floodplain, edge of a surface water body (including a water filled quarry), or wetland of more than 1/2 acre in area.
b. All solid waste storage, disposal, incineration or processing shall be a minimum of 500 feet from any residential district, perennial creek, publicly-owned park or any existing occupied dwelling that the applicant does not have an agreement to purchase. Any solid waste landfill disposal area shall be setback a minimum of 1,320 feet from any public water supply.
c. The use shall be served by a minimum of 2 paved access roads, each with a minimum cartway width of 24 feet. One of these roads may be restricted to use by emergency vehicles.
d. No burning or incineration shall occur, except within an approved Waste to Energy Facility.
e. The operation and day-to-day maintenance of the solid waste disposal area shall comply with all applicable State and Federal regulations as a condition of the continuance of any permit of the County. Violations of this condition shall also be considered to be violations of this Ordinance.
f. Open dumps and open burning of refuse are prohibited.
g. The applicant shall prove to the satisfaction of the Zoning Hearing Board that the existing street network can handle the additional truck traffic, especially without bringing extraordinary numbers of trash hauling trucks through or alongside existing residential or residentially zoned areas and especially considering the width and slopes of streets in the County.
h. The applicant shall prove to the satisfaction of the Zoning Hearing Board that the use would not routinely create noxious odors off of the tract.
i. A chain link or other approved fence with a minimum height of 8 feet shall surround active solid waste disposal areas to prevent the scattering of litter and to keep out children, unless the applicant proves to the satisfaction of the Zoning Hearing Board that this is unnecessary. A buffer yard meeting Section 803 with plantings with an initial height of 6 feet shall be required between the use and any adjacent public street or dwelling. The Board may also require the installation of earth berms and/or shade trees as needed to reduce the visibility of landfill operations from public streets or dwellings.
j. A minimum lot area of 15 acres shall be required for the first 250 tons per day of capacity to treat or dispose of waste, plus 1 acre for each additional 100 tons per day of capacity. A solid waste facility shall have a maximum total capacity of 500 tons per day.
k. Health Hazards. Any facility shall be operated in such a manner to prevent the attraction, harborage or breeding of insects, rodents or vectors.
l. Attendant. An attendant shall be present during all periods of operation or dumping.
m. Gates. Secure gates, fences, earth mounds, and/or dense vegetation shall prevent unauthorized access.
n. Emergency Access. The operator of the use shall cooperate fully with local emergency services. This should include allowing practice exercises on the site and the provision of all information needed by the emergency services to determine potential hazards. Adequate means of emergency access shall be provided.
o. Under authority granted under Act 101 of 1988, the hours of operation shall be limited to between 7 a.m. and 9 p.m.
p. Tires. See "Outdoor Storage and Display" in Section 403.
q. Litter. The operator shall regularly police the area of the facility and surrounding streets to collect litter that may escape from the facility or trucks.
r. Dangerous Materials. No radioactive, hazardous, chemotherapeutic or infectious materials may be stored, processed, disposed or incinerated. Infectious materials are defined as medical wastes used or created in the treatment of persons or animals with seriously contagious diseases.
s. The applicant shall provide sufficient information for the County to determine that the requirements of this Ordinance will be met.
t. State Requirements. Nothing in this Ordinance is intended to supersede any State requirements. It is the intent of this Ordinance that when similar issues are regulated on both the County and State levels, that the stricter requirement shall apply for each aspect, unless it is determined that an individual State regulation preempts County regulation in a particular aspect. The applicant shall provide the Zoning Officer with a copy of all written materials and plans that are submitted to PADEP at the same time as they are submitted to DEP.
u. For a solid-waste-to-energy facility or solid waste transfer facility, all loading and unloading of solid waste shall only occur within an enclosed building, and over an impervious surface drains to a holding tank that is then adequately treated. All solid waste processing and storage shall occur within enclosed buildings or enclosed containers.
v. A professional traffic study shall be submitted with the zoning application. The traffic study shall meet the requirements of the Subdivision and Land Development Ordinance and shall identify intended truck routes into and out of the facility to reach expressways.
49. Stable, Nonhousehold or Household. (Includes riding academies)
a. Minimum lot area - 2 acres for first horse or similar animal, plus one acre for each horse or similar animal in excess of one.
b. Any horse barn, manure storage areas or stable shall be a minimum of 75 feet from any lot line of an existing adjacent dwelling and from the edge of a perennial waterway.
c. Manure shall be regularly collected and disposed of in a sanitary manner that avoids nuisances to neighbors. Manure shall be stored in a manner that prevents it from being carried off by runoff into a creek.
50. Swimming Pool, Non-Household.
a. The water surface shall be setback at least 50 feet from any existing dwelling on another lot.
b. Minimum lot area- 20,000 square feet.
c. Drainage. A proper method shall be provided for drainage of the water from the pool that will not flood other property.
51. Target Range.
a. All target ranges shall have a barrier behind the target area which is of sufficient height and thickness to adequately protect the public safety.
b. The following provisions shall not apply to a target range that is only used by residents or owners of a lot and their occasional guests:
(1) The design of the outdoor firearms target range shall be compared by the applicant with applicable published guidelines of the National Rifle Association. The Zoning Hearing Board may consider such guidelines to be the generally accepted standard for the safety of these facilities.
(2) An outdoor firearms target range and any firing stations shall be located a minimum of 450 feet from the nearest occupied building on another lot, unless all firing would occur within a completely enclosed sound-resistant building. Clay pigeon shooting shall be directed away from homes and streets.
(3) An outdoor firearms target range shall be properly posted. The Zoning Hearing Board may require fencing as necessary.
(4) An indoor firearms target range shall be adequately ventilated and/or air conditioned to allow the building to remain completely enclosed.
(5) A target range shall only be used for types of firearms or other weapons for which it was specifically designed.
(6) An outdoor target range shall not be used during nighttime hours. Maximum hours and days of operation may be established as a condition of the zoning approval.
(7) Minimum lot area for an outdoor firearms target range - 10 acres, unless a more restrictive provision is established by another provision of this Ordinance.
(8) See Section 803. Wherever woods exist adjacent to an exterior lot line of an outdoor firearms target range, such woods shall be preserved within at least 100 feet of each such lot line, except for approved driveway, utility and trail crossings.
52. Townhouses and Apartments.
a. Maximum length and width of an attached grouping of townhouses - 160 feet. Maximum number of Apartments that shall be within a building - 12, except no maximum shall apply in a building in which all units are permanently age restricted to at least one resident age 55 and older.
b. Paved Area Setback - All off-street parking spaces, except spaces on driveways immediately in front of a carport or garage entrance, shall be set back a minimum of 10 feet from any dwelling.
c. Garages. It is strongly recommended that all Townhouses be designed so that garages and/or carports are not an overly prominent part of the view from public streets. For this reason, parking courts, common garage or carport structures or garages at the rear of dwellings are encouraged instead of individual garages opening onto the front of the building, especially for narrow townhouse units.
d. Mailboxes. Any mailboxes provided within the street right-of-way should be clustered together in an orderly and attractive arrangement or structure. Individual freestanding mailboxes of non-coordinated types at the curbside are specifically discouraged.
e. Access. Vehicular access points onto all arterial and collector streets shall be minimized to the lowest reasonable number. No townhouse dwelling within a tract of 5 or more dwelling units shall have its own driveway entering onto an arterial or collector street.
f. Common Open Space. On a tract of more than two acres, a minimum of 15 percent of the total lot area of the development involving Townhouses and Apartments and their accessory uses shall be set aside as common open space for the residents. The applicant shall prove that these areas will be suitable for active or passive recreation. .
(1) If a development will not be restricted to at least one resident age 55 and older, then the common open space should include a rectangular grass field that is suitable for free play by young persons. If all dwellings in a development will be restricted to at least one resident age 55 and older, then the common open space should at a minimum include landscaped trails that are ADA-accessible.
(2) Common open space under this section may be used to meet any recreation requirements under the Subdivision Ordinance, if the land would meet both ordinances.
(3) This open space shall be maintained by the owner of a rental development or by a property owner’s association, unless a municipality specifically agrees to accept ownership.
53. Treatment Center.
a. See definition in Section 202.
b. The applicant shall provide a written description of all conditions (such as criminal parolees, alcohol addiction) that will cause persons to occupy the use during the life the permit. Any future additions to this list shall require an additional special exception approval.
c. The applicant shall prove to the satisfaction of the Zoning Hearing Board that the use will involve adequate on-site supervision and security measures to protect public safety.
d. The Zoning Hearing Board may place conditions upon the use to protect public safety, such as conditions on the types of residents and security measures.
54. Trucking Company Terminal.
a. As a condition of special exception use approval, the Zoning Hearing Board may require additional earth berming, setbacks, landscaping and lighting controls as they determine to be necessary to provide compatibility with adjacent dwellings. These measures shall be designed to minimum glare, noise, soot, dust, air pollutants and other nuisances upon dwellings.
55. Veterinarian Office. (includes Animal Hospital)
a. Any structure in which animals are treated or housed shall be a minimum of 30 feet from any lot line of an existing dwelling on another lot, unless the building is completely soundproofed and air conditioned.
b. Animals undergoing treatment may be kept as an accessory use. However, a commercial kennel shall only be allowed if a kennel is permitted in that district and if the applicable requirements are met.
56. Wind turbines, Other than is Allowed for Wind Turbine as an Accessory Use by Section 403 (This section regulates, among other items, 2 or more wind turbines per lot, or a wind turbine as a principal use).
a. The wind turbine shall be setback from the nearest existing occupied dwelling on another lot a distance not less than 3 times the maximum height to the top of the maximum sweep of the blade of the turbine, unless a written waiver is provided by the owner of such building. The turbine height shall be the distance from the ground level. The setback shall be measured from the base of the turbine to the nearest part of such building. This provision shall apply to buildings that existed prior to the application for a zoning permit.
b. The audible sound from the wind turbine(s) shall not exceed 45 A weighted decibels, as measured at the exterior of a occupied dwelling on another lot, unless a written waiver is provided by the owner of such building.
c. The owner of the facility shall completely remove all above ground structures within 12 months after the wind turbine(s) are no longer used to generate electricity.
d. Wind turbines shall not be climbable for at least the first 12 feet above the ground level.
e. All wind turbines shall be set back from the nearest public street right-of-way a minimum distance equal to the total height to the top of the turbine hub, as measured from the center of the wind turbine base.
f. In situations other than “a.”, all wind turbines shall be set back from each lot line or street right-of-way a minimum distance equal to the total height to the top of the turbine hub, as measured from the center of the Wind turbine base, unless a written waiver is provided by the owner of such lot.
g. If guy wires are used, and they are not within a fence, they shall be marked near their base with reflectors, reflective tape or similar method.
h. The turbine shall include automatic devices to address high speed winds.
i. Accessory electrical facilities are allowed, such as a transformer.
j. The site plan shall show proposed driveways, turbines and areas of woods proposed to be cleared.
k. A wind turbine regulated by this Section shall be setback a minimum of 800 feet from each side of the centerline of the Appalachian Trail.
l. If two or more wind turbines are on a lot, they shall need approval as a Land Development under the Subdivision and Land Development Ordinance.
m. Wherever a wind turbine is allowed, a temporary test tower shall also be allowed.
403. ADDITIONAL REQUIREMENTS FOR ACCESSORY USES.
A. General. Accessory buildings, structures or uses that are clearly customary and incidental to a permitted by right or special exception are permitted by right, except as is provided for in this Ordinance. A business shall only be conducted as an accessory to a dwelling if specifically permitted by this Ordinance. An accessory building shall only be allowed on the same lot as a principal building, except for an agricultural building or stable or as specifically allowed by this Ordinance.
B. Accessory Setbacks. The accessory setback requirements of the applicable district shall apply to every accessory building, structure or use unless a standard that is clearly meant to be more restrictive or less restrictive is specifically stated in this Article for a particular accessory use. Accessory structure setback requirements shall not apply to permitted surface parking lots, fences or permitted accessory signs.
C. Front Yard Setback. No accessory structure, use or building shall be permitted in a required front yard in any district, unless specifically permitted by this Ordinance.
D. Special Standards. Each accessory use shall comply with all of the following standards listed for that use:
1. Additional Business Uses on a Farm. This use may be approved on a lawful existing lot with a minimum lot area of 20 acres that include a principal agricultural use and subject to the following:
a. Shall be defined as a limited-intensity commercial or industrial activity that functions as a customary accessory use to an on-site principal agricultural use. These businesses are intended to provide supplemental income to farmers to encourage the continuation of farming, to promote reuse of older barns, and to provide needed services to other farmers and nearby residents.
b. Shall be conducted by a resident or owner of the property, his/her “relatives,” and a maximum total of 4 other employees working on-site at one time, in addition to employees of the agricultural use. In addition, a barn that was constructed for agricultural purposes prior to the adoption of this Section may be leased to a non-resident for a use meeting these standards.
c. Any new building constructed and any new parking area for trucks shall be set back a minimum of 100 feet from any lot line of an existing dwelling, unless a larger setback is required by another section of this Ordinance. The total of all building floor areas used shall not exceed 8,000 square feet. This 8,000 square foot limit shall only apply to buildings constructed after the effective date of this Ordinance. May use buildings of any size that existed prior to the effective date of this Ordinance. The total area used, including parking, shall not exceed 3 acres.
d. Shall not routinely require the overnight parking of more than 2 tractor-trailer trucks, other than trucks serving the agricultural use.
e. Any manufacturing operations shall be of a custom nature and shall be conducted indoors.
f. Non-agricultural operations shall not routinely occur in a manner that generates traffic or noise heard by neighbors between the hours of 9 p.m. and 7 a.m.
g. Any retail sales shall only be occasional in nature, and shall occur by appointment or during a maximum of 20 hours per week (except customary retail sales as part of a barber/beauty shop). This provision shall not restrict permitted sale of agricultural products.
h. Only one sign shall advertise the business, which shall have a maximum sign area of 10 square feet on each of two sides, and which shall not be internally illuminated.
i. The following activities shall be permitted by right:
(1) farm equipment or farm vehicle repair;
(2) occasional repair of one motor vehicle at a time, beyond those vehicles owned or leased by a resident of the property or his/her relative, but not including a junkyard, auto body shop or spray painting;
(3) welding and custom machining of parts;
(4) sale, processing, or mixing of seeds, feed, chemical fertilizers, or wood/leaves/bark compost;
(5) barber/beauty shops;
(6) construction tradesperson's headquarters;
(7) music, hobby, trade or art instruction for up to 10 persons at a time;
(8) small engine repair;
(9) custom woodworking or wood refinishing;
(10) custom blacksmithing or sharpening services;
(11) rental storage of household items, vehicles, boats and building materials;
(12) boarding of animals, not including a kennel or a stable (which are separate uses);
(13) custom butchering, not including a commercial slaughterhouse or stockyard;
(14) processing and storage of agricultural products, other than a commercial slaughterhouse;
(15) sawmill;
See also Stables and Retail Sales of Agricultural Products, which are treated as separate uses.
j. This subsection shall not regulate agricultural uses that are permitted under other provisions of this Ordinance.
k. If an activity would be permitted as either an Additional Business Uses on a Farm or a Home Occupation, then the applicant may choose which set of provisions shall apply.
l. One off-street parking space shall be provided per non-resident employee, plus parking for any dwelling. In addition, the applicant shall prove to the Zoning Officer that sufficient parking will be available for customers, which is not required to be paved.
m. Landscaping shall be placed between any outdoor storage of non-agricultural materials or products and any adjacent dwelling from which storage would be visible.
n. The lot shall have provisions for trucks to turn around on the site without backing onto a public street.
2. Day Care, Child - as accessory to a Dwelling.
a. See Section 306 and the definitions in Section 202 concerning the number of children who can be cared for in different zoning districts in a Family Day Care Home or a Group Day Care Home.
b. In any case, 7 or more children (other than children who are "related" to the primary caregiver) shall only be cared for at one time within a single family detached dwelling.
c. In a residential district, an existing dwelling shall retain a residential appearance with no change to the exterior of the dwelling to accommodate the use, other than cosmetic, fire safety and handicapped access improvements.
d. The use shall be actively operated by a permanent resident of the dwelling.
e. See also "Day Care Center" as a principal use and Day Care as accessory to a Place of Worship in Section 402.
3. Drive-through facilities.
a. The proposed traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets.
b. On-lot traffic circulation and parking areas shall be clearly marked.
c. A drive-through use shall be designed with space for an adequate number of waiting vehicles while avoiding conflicts with traffic onto, around and off of the site. Any drive-through facilities shall be designed to minimize conflicts with pedestrian traffic.
4. Fences and Walls that Are Not Part of a Building.
a. See sight clearance provisions at an intersection in the applicable Subdivision and Land Development Ordinance.
5. Gas and Oil Wells as a Principal or Accessory Use.
a. Gas and Oil Wells shall only be allowed where provided under Section 306.
b. A minimum setback of 300 feet shall be required from a Gas or Oil Well, any accompanying storage tank and any above-ground equipment from any of the following: 1) any existing dwelling on another lot, or 2) any day care center, place of worship, nursing home, hospital, personal care center, park or recreational area, or school. See setbacks from other buildings in the State Oil and Gas Act. A minimum setback of 50 feet shall be required from a Gas or Oil Well, any accompanying storage tank and all related above-ground equipment to any street right-of-way or any lot line, unless a written waiver is provided to the County by the principal owner of record of the adjacent lot.
c. A row of primarily evergreen trees shall be provided between any Gas or Oil Well and any existing dwelling on an adjacent lot.
d. A minimum 4 feet high security fence or architectural masonry wall shall be provided around a Gas or Oil Well.
e. If any Gas or Oil Well or related mechanical equipment will be within 600 feet from an existing dwelling on another lot: 1) sound walls, acoustical blankets or similar measures shall be used to control noise, and 2) movement of trucks onto and off of the property shall not occur between the hours of 9 p.m. and 7 a.m., except for emergency measures.
f. A County Zoning Permit shall be required for a Gas or Oil Well. Prior to receiving a Zoning Permit, the applicant shall also provide written notification to the Township/Borough, with such notification describing impacts upon roads.
6. Home Occupations. (Note: In most cases, a Major Home Occupation needs Zoning Hearing Board approval while a Minor Home Occupation is permitted by right. See subsection “b” for uses that are Minor Home Occupations.)
a. All home occupations shall meet the following requirements:
(1) The use shall be conducted primarily by a permanent resident of the dwelling, and involve a maximum of two persons working on-site or operating a vehicle from the site at any one time who do not reside within the dwelling.
(2) The use shall be conducted indoors. No outdoor storage or display related to the home occupation shall be permitted. No changes shall occur to the exterior of a building that would reduce its residential appearance as viewed from a street.
(3) The use shall occupy an area that is not greater than 25 percent of the total floor area of the principal dwelling unit (not including vehicle garage floor area and other than space with less than 6.5 feet clear vertical height), except such percentage may be 50 percent for an office use. The use shall clearly be secondary to the residential use.
(4) One off-street parking space shall be required per non-resident employee who has a vehicle on-site.
(5) The use shall not regularly require delivery by tractor-trailer trucks.
(6) No more than 2 trucks shall be parked overnight on a residential lot as part of a home occupation.
(7) No equipment or machinery shall be permitted that produces noise, noxious odor, vibration, glare, electrical or electronic interference detectable on another property. The use shall not involve the storage or use of hazardous, flammable, or explosive substances, other than types and amounts typically found on a residential property. The use shall not involve the storage or use of "toxic" or "highly hazardous" substances.
(8) A home occupation shall not be conducted in a manner that is perceptible to other residents between the hours of 9 p.m. and 7 a.m.
(9) Any tutoring or instruction shall be limited to a maximum of 4 students at a time.
(10) A barber or beauty shop shall not include more than one non-resident employee.
(11) The main office of a medical doctor, chiropractor or dentist shall not be permitted as a home occupation.
(12) See Home Occupation sign provisions in Article 7.
(13) The use shall not involve manufacturing, other than of custom crafts and sewing.
(14) The use shall not involve commercial repair of motor vehicles. Auto body work shall not be allowed as a home occupation.
(15) The use may include sales using telephone, mail order, or electronic methods. On-site retail sales shall be prohibited, except for sales of hair care products as accessory to a barber/beauty shop.
b. The standards in “a” apply to both Major and Minor Home Occupations. To be permitted by right as a “Minor Home Occupation,” the use shall only involve the following activities:
(1) work routinely conducted within an office,
(2) custom sewing and fabric and basket crafts,
(3) cooking and baking for off-site sales and use,
(4) creation of visual arts (such as painting, wood carving or screen printing on clothes),
(5) repairs to and assembly of computers and computer peripherals,
(6) headquarters of a construction trades-person, provided that no more than 2 non-resident employees shall operate from the lot,
(7) tutoring or instruction of up to 4 pupils at a time, or
(8) barber or beautician.
(9) any other activity that meets the definition of a “No Impact Home Based Business” as defined in the Municipalities Planning Code.
c. All home occupations need a zoning permit.
7. Outdoor Storage and Display. Commercial or Industrial as a Principal or Accessory Use.
a. Location. Outdoor storage or display shall not occupy any part of any of the following: the existing or future street right-of-way, sidewalk, or other area intended or designed for pedestrian use or required parking area.
b. No such storage or display shall occur on areas with a slope in excess of 25% or within the 100 year floodplain.
c. Screening. See Section 803.
8. Residential Accessory Structure or Use. (see definition in Article 2)
a. Accessory structures and uses (other than fences and walls) shall not be located within the required accessory use setback unless specifically exempted by this Ordinance. Accessory structures shall not be located within a minimum front yard. See accessory setback regulations in Section 307.
b. Height. See Section 307.B.
c. An existing building that is accessory to a dwelling may be replaced with a new accessory building provided the new building does not increase the nonconformity. For example, a garage can be replaced with a new garage covering the same land area. See also Section 805, which allows an extension of certain non-conforming setbacks.
d. A building that originally served as a Manufactured/Mobile Home shall not be used as an accessory storage building for a dwelling.
9. Retail Sales of Agricultural Products as an Accessory Use.
a. The use shall be an accessory use incidental to a crop farming, greenhouse, plant nursery, orchard, winery or raising of livestock use.
b. The only retail sales shall be of agricultural products and horticultural products, in addition to any hand-made crafts produced by the operator of the market and/or his/her family. An average of not less than 25 percent of the products sold on-site shall have been produced by the operator or his/her family. This percentage may vary month to month, provided that the average is met.
c. Off-street parking shall be provided in compliance with the provisions of Article 6. No parking shall be permitted in such a way that it creates a safety hazard.
d. No stand shall be located closer than: 50 feet from a lot line of an existing dwelling on another lot, or within 25 feet from a street right-of-way, unless the sales occur within a building that existed prior to the adoption of this Ordinance.
e. A maximum total of 5,000 square feet of building floor area shall be used for such use.
f. The retail sales shall be located on land owned by the operator of the market or upon a lot that is farmed.
10. Stable, Household. The provisions for Stable, Non-Household in Section 402 shall apply. Accessory Household Stables are permitted by right in all districts.
11. Swimming Pool, Household, In ground.
a. Note to Applicant – See the requirements of the Construction Code regarding fencing of pools. The applicant should contact the Borough/Township building official.
b. An in ground swimming pool shall not be located in a required minimum front yard. The water surface of an in ground swimming pool shall be setback a minimum of 5 feet from side and rear lot lines.
c. An above ground swimming pool is exempt from this Ordinance.
12. Wind Turbines,
a. All Wind turbines shall be set back from any lot line or street right-of-way line a minimum distance equal to the total height to the top of the maximum sweep of the turbine blade, as measured from the ground level under the turbine base. Such setback shall not apply from a lot if a written signed and notarized waiver is provided to the Zoning Officer by the principal owner of adjacent lot. Two or more abutting lot owners may use the setback waiver process to share use of a wind turbine.
b. The audible sound from the wind turbine shall not exceed 45 A weighted decibels, as measured at the exterior of an occupied principal building on another lot, unless a written waiver is provided by the owner of such building. This noise limit shall not apply during wind speeds of more than 30 miles per hour. A person claiming a violation of this noise level, and not the County, shall be responsible to provide evidence of the violation.
c. The owner of the facility shall completely remove all above ground structures within 12 months after the windmill is no longer used to generate electricity.
d. The turbine shall include automatic devices to address high speed winds, such as mechanical brakes and over-speed controls.
e. The maximum total height above the ground level to the tip of the extended blade shall be 90 feet in an R-2 or R-3 district and 150 feet in any other district. For taller heights, the wind turbine regulations in Section 402 shall apply.
f. If located within 800 feet of each side of the centerline of the Appalachian Trail, a wind turbine shall have a maximum height of 90 feet and shall be setback a minimum of 1,000 from any other wind turbine.
g. In addition, in a commercial or industrial district, multiple wind turbines that are mounted on a roof shall be permitted by right provided they do not extend more than 30 feet above the roof.