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1. For development of hillsides, the developer shall prepare the following: development plans which show the location of steep (15-25%) and severe (greater than 25%) slope areas. These areas may be delineated from U.S. Geological Survey topographic maps, or if a greater level of detail is necessary, a field survey compiled by a registered land surveyor, engineer, landscape architect or geologist may be required.
2. The following protection requirements shall be required for all land development located on slopes exceeding 15%:
A. Erosion and Sedimentation Control Plan. An erosion and sedimentation control plan shall be required prior to disturbance of any steep or severe slope area, in accordance with provisions of § 22-409 of the Township Subdivision and Land Development Ordinance [Chapter 22].
B. Soil Stability Analysis. A soil stability analysis shall be performed by a professional soil scientist prior to the disturbance of steep slope areas in excess of 2,000 square feet. This analysis shall evaluate the impact upon the stability of the slope and shall include mitigation techniques.
C. Mitigation Measures. Final plan approval shall require incorporation of mitigation measures in the site design.
D. Severe Slopes. Slopes in excess of 25% shall not be developed, nor their soil disturbed except that such development shall be considered if innovative engineering is utilized.
(Ord. 3/9/1993B, § 415)
1. Purpose. The purpose of this Section is to establish requirements for the siting of wireless communications towers, facilities, equipment and antennas, so as to comply with Federal and State law and so far as allowed by law:
A. Protect and preserve the visual character of the Township by absolutely minimizing the visual and aesthetic impact of all wireless communications towers, facilities, equipment and antennas.
B. Ensure that all wireless communications towers, facilities, equipment and antennas are designed and configured in such a manner as to match or blend in with the characteristics of the area where they are situated. Such characteristics shall include both manmade structures as well as environmental features such as ridge and tree lines.
C. Encourage the location of wireless communications towers, facilities, equipment and antennas in areas where the adverse impact on the community is minimal, through careful design, siting, landscape screening and innovative camouflaging techniques.
D. Minimize the total number of towers throughout the community through joint use of new and existing towers and other structures as a primary option rather than the construction of additional single use towers.
E. Enhance the ability of the providers of communications services to provide such services to the community quickly, effectively and efficiently.
F. Consider the public health and safety of wireless communications towers, facilities, equipment and antennas.
G. Avoid potential damage to the public and adjacent properties from the failure of wireless communications towers, facilities, equipment and antennas through engineering and careful siting.
2. Definitions. As used in this Section, the following terms shall have the meanings set forth below:
ANTENNA - any transmitting or receiving device mounted on a tower, building or structure and used in communications that transmit or receive electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communications signals.
BALLOON TEST - the use of a balloon or similar objects to locate or identify the proposed height and location of a tower.
CRANE TEST - the use of a crane or similar mechanism to elevate a broadcast antenna for the purposes of collecting data or information regarding the propagation characteristics of a particular proposed facility.
DRIVE TEST - the collection of radio signals broadcasted from a proposed location. A drive test can be performed by the use of crane test or by the use of a broadcast antenna placed upon or above an existing structure.
FAA - the Federal Aviation Administration. FCC - the Federal Communications Commission.
PRE-EXISTING WIRELESS COMMUNICATIONS TOWERS, FACILITIES, EQUIPMENT AND ANTENNAS - any wireless communications towers, facilities, equipment and antennas for which a building permit or zoning approval has been properly issued prior to the effective date of this Section, including permitted wireless communications towers, facilities, equipment and antennas that have not yet been constructed so long as such approval is current and has not expired.
PROPAGATION MODELING - a computer-generated prediction of the expected coverage of a particular site's coverage or level of service based upon accepted mathematical formulas.
PROPAGATION TESTING - the actual collection and analysis of radio signal broadcasts, via a drive test or similar method, which provides an indication of a particular site's coverage or level of service to the surrounding area based upon actual field measurements.
TOWER - any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio, data and similar communication purposes, including self-supporting lattice towers, guyed towers or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, stealth or camouflaged towers and the like. The term includes the structure and any support thereto.
TOWER HEIGHT OVERLAY DISTRICT - the identifying district or classification that a particular site is located in as represented by the site's location on the Lamar Township's Tower Height Overlay District map.
UTILITY ATTACHMENT - the use of an existing utility structure, including wooden poles, as a structure to mount or utilize for a wireless communications facilities, equipment and antennas.
3. Applicability.
A. New Towers and Antennas. All new towers or antennas in Lamar Township shall be subject to these regulations, except as provided in subsections (3)(B) through (3)(C), inclusive.
B. Amateur Radio Station Visual Analysis. This Section shall not govern towers, or the installation of any antenna, less than 75 feet in height and is owned and operated by a Federally licensed amateur radio station operator or is used exclusively for receive-only antennas.
C. Pre-existing Towers or Antennas. Pre-existing wireless communications towers, facilities, equipment and antennas means and wireless communications towers, facilities, equipment and antenna for which a building permit or zoning approval has been properly issued prior to the effective date of this Section, including permitted wireless communications towers, facilities, equipment and antennas that have not yet been constructed so long as such approval is current and has not expired.
4. General Requirements.
A. Antenna Height. Any antenna that is attached to an existing structure shall not exceed the height of the existing structure by more than 10 feet.
B. Antenna Offset. Any antenna that is attached to an existing structure shall not be mounted beyond the vertical face or plane of the existing structure by more than 3 feet.
C. Tower Height. No tower shall exceed the tower height required by the Tower Height Overlay District classification. No tower shall exceed 120 feet in height.
D. Relative Tower Height. No tower shall exceed the height of the tallest existing trees located on the site by more than 20 feet. A management plan describing how the existing trees located on the site, and that correspond to the height of the tower, shall be protected during both the construction of the site as well as for the duration of the existence of the tower.
E. Engineer's Certification. A professional engineer licensed by the State of Pennsylvania shall certify any information of an engineering nature that the applicant submits, whether civil, mechanical or electrical.
F. State or Federal Regulations. All towers, facilities, equipment and antennas must meet or exceed current standards and regulations fo the FAA, the FCC and any other agency of the State or Federal government with the authority to regulate towers, facilities, equipment and antennas. If such standards and regulations are changed, then the owners of the towers, facilities, equipment and antennas governed by this Section shall bring such towers, facilities, equipment and antennas into compliance with such revised standards and regulations within 6 months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling State or Federal agency. Failure to bring such towers, facilities, equipment or antennas into compliance with such revised standards and regulations shall constitute a violation and the Township may require the removal of the towers, facilities, equipment and antennas at the owner's expense.
G. Buildings Codes; Safety Standards. To ensure the structural integrity of towers as well as the safety of any attachment to an existing structure, the owner towers, facilities, equipment or antennas shall ensure that it is maintained in compliance with standards contained in applicable State or local building codes and the applicable standards for towers that are published. If, upon inspection, Lamar Township concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days shall constitute a violation and the Township may require for the removal of the towers, facilities, equipment or antennas at the owner's expense.
H. Not Utilities. Towers, facilities, equipment and antennas shall be regulated and permitted pursuant to this Section and shall not be regulated or permitted as public utilities or private utilities.
I. Collocation. In order to reduce the number of towers in Lamar Township in the future, the proposed tower shall be designed to accommodate at least four separate wireless communication companies. In addition, it shall accommodate County and local police, fire and ambulance companies.
5. Contents of Application.
A. Alternative Analysis. An alternative analysis is required for all towers, facilities, equipment and antenna and shall include the following content:
(1) A topographic map of the proposed local service area, which identifies the local network of facilities with which the proposed facility will connect. Such network information shall include sites of all carriers situated in both Pennsylvania and New Jersey within 5 miles of the proposed site. The specific location of existing or future proposed sites shall be identified. The heights of the structures the other sites shall be identified on the map.
(2) A small-scale map of the applicable franchise area, which identifies the regional network of facilities with which the local network will connect.
(3) Identification of the following on a topographic map:
(a) All other existing telecommunication facilities, including those owned or operated by the applicant for the same type of service, and those, which provide other wireless services, which could potentially support the proposed facility.
(b) All other existing structures which might provide an opportunity for attached facilities.
(4) Identification of the site on a plan representing the Tower Height Overlay District of Lamar Township. The plan shall include the requirements of the district in which the site is situated according to the Tower Height Overlay District.
(5) Identification of all private, commercial and public airports located within a 5 mile radius of the proposed site on a plan. The glide path of each airport located within the 5 mile radius shall be graphically represented on the plan to show the location of the glide path in both its horizontal and vertical elements.
(6) Identification of any existing service gaps in the proposed local service as well as any service gaps, which may remain in the event that the proposed facility is approved and constructed. Such service gaps shall be determined by actual coverage measurements developed by propagation testing and not by predicted coverage. The coverage information, maps and supporting data must be prepared by an individual qualified by the Township as an expert in radio frequency engineering. Such service gaps shall be displayed for the carrier itself and gaps unserved by any carrier.
(7) Identification of at least two alternative service plans which could provide comparable service to the intended service area. An explanation must be included if there are not at least two alternative plans. The applicant must demonstrate, using accepted technological evidence, that the towers, facilities, equipment and antennas must be located where proposed. Also applicant must show, with engineering certification, why lower tower height technology is not feasible.
(8) The alternatives should include a mix of service strategies, which incorporate existing, attached and/or other freestanding facilities. The alterative analysis should clearly trade-offs involving:
(a) The level of service provided.
(b) The number of towers.
(c) Variety in tower height and silhouettes.
(d) Potential visual impacts.
(e) Residential proximity and compatibility.
(f) Proximity to service area.
(g) Other applicable potential environmental impacts.
(9) A description of each alternative, including its ancillary equipment and structures, and associated roads and compare and contrast the alternative using the above factors. The alternative plans need not be analyzed at the same level of detail as the proposed project, but the justification for selection of the proposed project must be presented.
(10) A visual analysis, which shall include photomontage, field, mock-up or other techniques, shall be prepared by or on behalf of the applicant, which identifies the potential visual impacts, at design capacity, of the proposed facility. Consideration shall be given to views from public areas as well as from private residences. The analysis shall assess the cumulative impacts of the proposed facility and other foreseeable telecommunication facilities in the area, and shall identify and include all feasible mitigation measures consistent with the technological requirements of the proposed telecommunications service.
(11) A balloon test shall be performed for a period of 1 week after the written notice has been provided to all property owners within a 1 mile radius from the site and legal notices in newspapers of local circulation. The site shall be posted in advance of and during the balloon test in a manner prescribed by the Township.
(12) A management plan shall be provided which details the methods that shall be used to preserve and protect the natural features, such as existing vegetation, that help screen the facility from view or mitigate the facilities impact.
6. Telecommunication Facilities. Telecommunication facilities are allowed only as a conditional use. The following are the minimum requirements applicable to telecommunication facilities in addition to the generally applicable criteria for conditional uses. In the event that a project is subject to an overlay district's requirements, additional mitigation measures or other conditions may also be necessary.
A. All telecommunication facilities shall comply with the following to the extent a Township is allowed to require:
(1) Any applicable easements or similar restrictions, including open space easements, on the subject property.
(2) Any applicable general plan, specific plan, area plan, local area development guidelines and the permit requirements of any agencies, which have jurisdiction over the project.
(3) The height of any freestanding facility shall include the height of any structure upon which it is placed.
(4) All setbacks shall be measured from the base of the tower closest to the applicable property line or structure.
(5) The facility shall be operated so that it shall not result in human exposure to non-ionizing electromagnetic radiation (NIER) in excess of the levels specified in the most current standard governing human exposure to NIER utilized by the Federal Communications Commission (FCC) in its licensing decision for the applicable facility. The applicant shall be responsible for demonstrating that the proposed facility will comply with this standard and may do so in any one of the following ways:
(a) Provide evidence in the form of an FCC license or construction permit that the FCC has accepted the applicant's certification that the facility meets the FCC standard.
(b) Provide evidence that the FCC has categorically excluded the applicant from demonstrating compliance with the FCC standard.
(c) Provide an independent analysis by or on behalf of the applicant, which demonstrates that the facility will comply with the FCC standard by such calculations and measurements as may be necessary. The calculations, measurements and all related methods utilized to determine compliance shall be consistent with FCC policies and procedures. The analysis shall be prepared and certified by a professional engineer.
(6) Replacement of aging, defective or obsolete legally established antennas or towers is permitted without new zoning permit or use permit approval; provided, that such replacement does not increase the height or result in a substantial change in the appearance of the facility.
(7) All antennas shall be located, designed and screened to blend with the existing natural or built surroundings so as to minimize visual impacts and to achieve compatibility with neighboring residences and the character of the community to the extent feasible considering the technological requirements of the proposed telecommunication service.
(8) Approval of all towers, facilities, equipment and antenna is subject to the finding that the proposed site results in fewer or less severe environmental impacts than any feasible alternative site.
B. Facilities shall meet, at a minimum, the following criteria:
(1) Potential adverse visual impacts, which might result from the facility, related grading or road construction, shall be minimized.
(2) Towers, facilities, equipment and antenna shall be located, designed and screened to blend with the existing natural or built surroundings so as to minimize visual impacts and to achieve compatibility with neighboring residences and the character of the community to the extent feasible considering the technological requirements of the proposed telecommunication service.
(3) Potential adverse impacts upon nearby public use areas such as parks or trails shall be minimized.
(4) Following assembly and installation of the facility, all waste and debris shall be removed and disposed of in a lawful manner.
(5) Significant adverse impacts on biotic resources, including any threatened, rare or endangered species, shall be mitigated.
(6) Drainage, erosion and sediment controls shall be required as necessary to avoid soil erosion and sedimentation of waterways. Natural vegetation and topography shall be retained to the extent feasible.
(7) Towers, facilities, equipment and antenna shall be designed so as to provide adequate warning of potential hazards as well as location and operator identification and telephone number for public contact. Facilities may also be required to provide anti-climb devices or other security measures.
7. Tower Height Overlay Districts. All facilities to be located in Lamar Township shall conform to the Tower Height Overlay District in which they are located.
A. Tower Height Overlay District - Visual Conservation.
(1) The Visual Conservation District purpose is to preserve and protect the unique and important visual features and characteristics of Lamar Township.
(2) No towers of any height shall be permitted within the Visual Conservation District.
B. Tower Height Overlay District - Visual Protection.
(1) The Visual Protection District purpose is to preserve and protect the unique and important visual features and characteristics of Lamar Township, while allowing the appropriate siting of new towers in the District.
C. Tower Height Overlay District - Visual Mitigation.
(1) The Visual Mitigation District purpose is to preserve and protect the unique and important visual features and characteristics of Lamar Township, while allowing the appropriate siting of new towers in the District.
(2) Towers shall be limited to a height of no more than 120 feet within the Visual Mitigation District.
(Ord. 3/9/1993B; as added by Ord. 12/10/2001)
PART 5
SUPPLEMENTAL REGULATIONS
SUPPLEMENTAL REGULATIONS
The land uses described in this Part also apply to land development and are subject to the provisions of the Township Subdivision and Land Development Ordinance [Chapter 22]. Land developments are defined in Part 5 of the Subdivision and Land Development Ordinance [Chapter 22, Part 5]. Plan and procedural requirements for land development are presented in the Subdivision and Land Development Ordinance [Chapter 22, Parts 2 and 3]. Developers must meet the requirements of the Subdivision and Land Development Ordinance [Chapter 22] in alll and development activity.
(Ord. 3/9/1993B, § 500)
1. Animal Hospitals and Veterinary Facilities. Within the AG district, animal hospitals and veterinary facilities are permitted by special exception subject to the following criteria:
A. Outdoor animal pens, stalls or runways shall be located within the rear yard.
B. Outdoor animal pens stalls or runways shall be a minimum of 100 feet from all property lines.
2. Beekeeping. Within the AG district, beekeeping is permitted as a conditional use subject to the following criteria:
A. It shall be the duty of the applicant to maintain each colony so as not to create a public nuisance.
B. Hives shall be located no closer than 100 feet from any property line.
C. All hives shall have access to an onsite water supply. Unless a natural water supply exists on the subject property, the applicant shall furnish a water-filled tank with a board or crushed rock for the bees to land on.
D. Adequate techniques in handling bees such as requeening and adequate hive space, shall be maintained to prevent unprovoked offsite stinging.
3. Farm-Related Businesses. Within the AG district farm-related businesses are a permitted use subject to the following standards:
A. The applicant must provide evidence that the proposed use is essential to local farming and is appropriately sized to serve primarily local users. Such farmrelated businesses include, but need not be limited to blacksmith shops, butcher shops and sale of agricultural products produced on premises.
B. Uses located on lots not serviced by both public sewer and water shall have a minimum lot size of 1 acre.
C. No part of a farm-related business shall be within 100 feet of a stream or sinkhole.
D. The length of any onsite access drive(s) shall be sufficient to allow the stacking of delivery and/or customer vehicles. A paved apron of at least 50 feet from the street right-of-way shall be provided. In addition another 50 foot gravel section shall be located beyond the paved apron.
E. A vegetative buffer yard must be provided in accordance with § 22-411(6) of the Subdivision and Land Development Ordinance [Chapter 22]. Such a buffer yard shall be required when a commercial business abuts an agricultural area. Certain pieces of apparatus used for farm-related businesses, which create noxious dust, odor, light or noise, shall require greater setbacks and vegetative screening, as determined by the Board of Supervisors.
F. One sign which shall not exceed 12 square feet in total area shall be permitted for a farm-related business.
G. Any building constructed for the farm-related business shall be of a type that it can be converted to agricultural use in the event the farm-related business is discontinued (e.g., barn or shed).
H. The Board of Supervisors may also attach such other reasonable conditions as deemed appropriate.
4. Kennels, Commercial. Within the R-1 and AG districts, kennels are permitted by as a conditional use subject to the following requirements:
A. The minimum lot area shall be 2 acres.
B. Outdoor pens, stalls or runways shall be located within the rear yard.
C. Outdoor pens, stalls or runways shall be a minimum of 100 feet away from all property lines.
D. All outdoor running areas shall be enclosed.
E. All animal wastes shall be regularly cleaned.
F. The applicant shall demonstrate a working plan to prevent or alleviate any noise problems emanating from animals boarded on the site.
5. Horse Stable (Individual). Within the RRC, AG or O/R districts, individual horse stables are a permitted use. Within the R-1, R-2 or VC districts, individual horse stables are permitted as a special exception subject to the following requirements:
A. No horse shall be kept on property deemed by the Township to be inadequate in size.
B. No horse shall be kept in populated areas where the immediate neighbors object.
6. Residential Development in Agricultural District. See § 27-506(5) for proposed residential development in the agricultural zoning district. See § 27- (8) for proposed residential development in the scenic preservation overlay area.
7. Riding School and/or Horse Boarding Stable. Within the AG district, riding schools and/or horse boarding stables are permitted by special exception subject to the following criteria.
A. Minimum lot area - 10 acres.
B. Any structure used for the boarding of horses shall be setback at least 100 feet from any property line.
C. All outdoor training, show, riding, boarding or pasture areas shall be enclosed by a minimum 4 foot high fence, which will be located at least 10 feet from all property lines.
D. All parking compounds and unimproved overflow parking areas shall be set back at least 10 feet from adjoining lot lines. Unimproved overflow parking areas shall also provide a fence delineating such occasional parking facilities and preventing the parking environment or movement of vehicles across neighboring properties.
8. [Reserved]. [Ord. 06-08-2009]
9. Commercial uses may be created within existing structures in accordance with the following:
A. Bed and breakfast and home occupations are permitted in existing structures of this district provided:
(1) There is no change in the external appearance of the structure.
(2) Any addition to structures shall not exceed 25% of the first floor area.
(3) Such addition shall complement the existing structure in terms of scale, building materials, roof line and window and door treatments.
(4) Such additions shall be approved by the Planning Commission.
B. Signage shall be limited to one sign not to exceed 6 square feet.
10. Municipal/Public Buildings. Township Municipal or public buildings, including administration buildings, police facilities, recreation buildings, libraries, museums or road maintenance facilities shall be a permitted use within the R-1, VC, and RRC Districts, as a special exception in the AG District and as a conditional use in the H-I and L-I Districts subject to the following requirements:
A. The buffer requirements of § 27-806 of this Chapter shall be met.
B. Parking requirements shall be determined by the Planning Commission for permitted uses, by the Zoning Hearing Board for special exceptions, and by the Township Supervisors for conditional uses.
[Ord. 11-13-2006(b)]
11. Cottage Industries. Cottage industries may only be permitted in the Agricultural Zoning District of the Township and will require approval as a conditional use from the Board of Supervisors.
A. A cottage industry shall be defined as an accessory commercial or industrial use of a residential or agricultural tract of ground which is clearly secondary to the use of the premises as a residence or farm. Cottage industries are intended to enhance the economy of the Township by producing an opportunity for land owners in the Agriculture District to establish accessory business activities, in addition to farm-related businesses, without requiring the subdivision or fragmentation of rural lands.
B. Cottage industries shall be conducted within an enclosed building typical of farm buildings, exclusive of the resident’s dwelling. All buildings used for cottage industries must remain compatible with the character of the farm and the rural setting in which they are located.
C. The area devoted to production, storage and sales associated with the cottage industry shall be limited to a total of 5,000 square feet of gross floor area.
D. No outdoor, un-enclosed storage and/or displays associated with a cottage industry shall be permitted.
E. The cottage industry must be owned and operated by the individual who is the owner and resident of the dwelling or farm on which it is located. There shall be no more than two nonresident individuals engaged in the cottage industry.
F. There shall be no exterior display or sign to advertise the cottage industry, except that one sign shall be permitted for a cottage industry which shall not exceed 12 square feet in total area and which shall be subject to the sign regulations set forth in Part 7 of this Chapter.
G. The cottage industry shall create no adverse impact on existing traffic or circulation patterns in the neighborhood and, unless specifically waived by the Board of Supervisors, shall utilize the existing means of access from any street to the residence or farm where the cottage industry is operated.
I. Cottage industries may include the following “low” or “moderate” intensity service or industrial activity:
(1) Custom woodworking, furniture or cabinetry shops.
(2) Craftsmanship shops.
(3) Small engine and/or lawn and garden equipment repair.
J. Requests for other cottage industries not specified above may be submitted to the Board of Supervisors for consideration. Upon finding of the Board that such use complies with the criteria of this Section, other applicable codes and ordinances in effect in the Township, and that the proposed use would not be detrimental to the health, safety and welfare of the residents of the neighbor hood where it is to be located, such use may be approved.
K. All cottage industries approved as a conditional use shall comply with the area and bulk regulations as specified in § 27-302 of this Chapter pertaining to commercial kennels within the Agriculture (AG) Zoning District of the Township, which includes a minimum lot size of 2 acres.
[Ord. 8-13-2007A]
(Ord. 3/9/1993B, § 501; as amended by Ord. 8/14/2006, 8/14/2006, § 1; by Ord. 11-13-2006(b), 11/13/2006, §I; by Ord. 8-13-2007A, 8/13/2007, §IV; and by Ord. 06-08-2009, 6/8/2009, §I)
1. Adult Bookstores. Within the GC district, adult book stores are permitted as a conditional use. Such stores are defined as stores and shops with more than 15 square feet of floor area devoted to the display and selling of pornographic materials consisting of pictures, drawings, photographs or other depictions or printed matter and paraphernalia, which, if sold knowingly to a child under 18 years of age, would violate the criminal laws of the Commonwealth of Pennsylvania in effect at the same time thereof. The following requirements shall apply:
A. The building or structure of such use shall be located not less than 500 feet from any residential use or district, public or private school, church, day care center, recreation facility or any other religious, institutional or educational use.
B. No such use shall be located within 2,000 feet of a similar use.
C. No materials sold within shall be visible from any window, door or exterior of the building.
D. Signage shall be limited to one attached sign no larger than 12 square feet. Signage may be lighted by a covered and recessed fixture located at the top or base of the sign.
E. The buffer requirements of § 27-806 of this Chapter shall be met.
F. Parking. One off-street parking space for each 100 square feet of gross floor area, plus one additional space for every one employee.
2. Automobile Repair and/or Body Shop. Automobile repair garage, including paint spraying and body and fender work, provided that all repair and paint work is performed within an enclosed building, shall be permitted in the GC district subject to the following requirements:
A. All automobile parts, refuse and similar articles shall be stored within a building or enclosed area. Junk vehicles may not be stored in the open at any time.
B. Access to roads shall be at least 100 feet from the intersection of any streets.
C. The buffer requirements of § 27-806 of this Chapter shall be met.
D. Signage shall be limited to one attached sign no larger than 20 square feet and/or one perpendicular hanging sign no larger than 12 square feet and one free standing sign no larger than 12 square feet set back at least 20 feet from the adjoining road right-of-way. In the event the establishment is located at an intersection, two such signs shall be permitted.
E. Parking - one off-street parking space for each 100 square feet of gross floor area, plus one additional space for each employee.
3. Car Wash. Within the GC and HI districts, car washes are permitted as a conditional use subject to the following requirements:
A. Car wash structures shall be setback 75 feet from streams or sinkholes. Under no circumstances shall wastewater be drained into a waterway or sinkhole.
B. The buffer requirements of § 27-806 of this Chapter shall be met.
4. Cottage Development, Private or Public Camp. A public or private cottage development or camp is permitted as a conditional use in the O/R and AG districts subject to the following requirements:
A. The principal use of the proposed tract shall be seasonal and no occupant shall be permitted to remain for a total period exceeding 120 days during any one calendar year.
B. A campground permit shall be obtained from the Pennsylvania Department of Environmental Protection. [Ord.12/10/2001]
C. The minimum site tract shall be 10 acres.
D. The maximum overall density shall not exceed one cottage for every 2 acres.
E. Completely detached buildings or structures on the same lot shall not be less than 20 feet from one another.
F. Signage shall be limited to one freestanding wood sign no larger than 20 square feet located at least 50 feet from the road right of way.
G. Adequate measures to prevent noise and other noxious influences from disturbing nearby residential properties shall be taken.
H. No mobile homes or recreational vehicles shall be permitted.
5. Eating Place. An eating place for the sale and consumption of food and beverages is permitted as a conditional use within the VC, RRC and GC districts and as a permitted use in the HI district subject to the following requirements.
A. Sewage disposal' methods shall be approved by the Department of Environmental Protection. [Ord. 12/10/2001]
B. Alcoholic beverages, if sold, must be incidental to the sale and consumption of food.
C. The buffer requirements of § 27-806 of this Chapter shall be met.
D. Signage shall be limited to one attached sign no larger than 20 square feet and/or one perpendicular hanging sign no larger than 12 square feet and one free-standing sign no larger than 20 square feet.
E. Parking. One off-street parking space for each 25 square feet of total floor area, or one off-street parking space for every two seats, whichever is greater, plus one additional space for each employee of the largest shift.
6. Farm Implement Sales and Service. Sales and service of farm tractors, machinery, equipment and implements by a duly franchised dealership, including new and used, shall be permitted within the general commercial (GC) district subject to the following requirements:
A. Access to roads shall be at least 100 feet from the intersection of any streets.
B. All used tractors, machinery and implements shall be stored in an orderly and safe manner with natural buffer screens used to protect neighboring residential properties within a residential district for any expansions or changes in use of existing facilities.
C. Fuel storage shall comply with all applicable regulations of the Pennsylvania DEP. [Ord.12/10/20011
D. In cases where signage is required by a franchiser, the minimum size sign required and documented by the franchiser shall be permitted.
E. The buffer requirements of § 27-806 shall be met.
F. One off-street parking space for each 300 square feet of customer/patron access floor area, plus one additional space for each employee shall be provided.
G. Cleaning solvents and flammable materials shall be stored in accordance with the National Fire Prevention Code.
7. Financial Establishment. Banks, savings and loan associations, credit unions, and other financial establishments may be located within the GC, RRC and HI districts as a permitted use and as a conditional use in the VC district subject to the following requirements:.
A. When such establishments provide a drive-up service, a vehicle waiting line shall be designed to accommodate at least six vehicles and not create a traffic back-up on adjoining roads. This waiting line area shall be separated from other circulation and/or traffic lanes.
B. Signage shall be limited to one attached sign no larger than 20 square feet and/or one perpendicular hanging sign no larger than 12 square feet and one free standing sign no larger than 12 square feet set back at least 20 feet from the adjoining road right-of-way. In the event the financial establishment is located at an intersection, two such signs shall be permitted.
C. In the village center (VC) district, the establishment shall be designed so as to complement in size and scale neighboring buildings in order to retain the village character.
D. The buffer requirements of § 27-806 of this Chapter shall be met.
E. Parking. One off-street parking space for each 200 square feet of gross floor area used or intended to be used for servicing customers, plus one additional space for every employee of the largest shift.
8. Gas Station. Gasoline service station will be permitted use in the GC and HI districts subject to the following requirements:
A. Access to roads shall be at least 100 feet from the intersection of any streets.
B. All activities except the fuel pumps shall be performed within a completely enclosed building.
C. All automobile parts and similar articles shall be stored within a building.
D. Junk vehicles may not be stored in the open at any time.
E. The buffer requirements of § 27-806 of this Chapter shall be met.
F. Signage shall be limited to one attached sign no larger than 20 square feet and one free standing sign no larger than 12 square feet set back at least 20 feet from the adjoining road right-of-way. In the event the establishment is located at an intersection, two such signs shall be permitted.
G. Parking. One off-street parking space for every 200 square feet of gross floor area, or two off street parking spaces for each service bay, whichever is larger, plus one space for each employee. Off-street parking spaces shall not be part of nor interfere with the accessways to the pumps.
9. Guest House/Bed and Breakfast. Within the VC and AG districts, the use and occupancy of a detached dwelling shall be permitted for accommodating transient guests subject to the following requirements:
A. No more than six guest rooms may be provided. No more than two adults and two children may occupy one guest room.
B. There shall be no advertising visible outside the premises to attract guests other than a single sign which shall not exceed 8 square feet in size. The sign may be illuminated by a shielded and recessed light at the base of the sign or by a ground-mounted light directed only on the surface of the sign.
C. No external alterations, additions, or changes to the exterior structure shall be permitted except as required by the Pennsylvania Department of Labor and Industry or for safety reasons as required by any other governmental agency.
D. The use shall be carried on primarily by members of the immediate family which must reside on the premises. Nonresident employees shall be limited to two.
E. There shall be no separate kitchen or cooling facilities in any guest room. Food served to guests on the premises shall be limited to breakfast and afternoon refreshments only.
F. The maximum, uninterrupted length of stay at a guest house shall be 14 days.
G. The use of any amenities provided by the guest house such as swimming pool or tennis courts shall be restricted in use to the guests of the establishment.
H. The use may not be established until there is compliance with all Township rules and regulations, including requirements of the Fire Marshall for compliance with all Township safety standards.
I. Parking. One off-street parking space shall be provided for each guest room, plus one space for each employee and two spaces for the owners of the property. The off street parking spaces shall be located either to the rear of the main dwelling or screened in accordance with buffer requirements of § 27-806 of this Chapter.
10. Medical Office. Office or clinic for medical or dental examination or treatment of persons as out patients, including laboratories incidental thereto shall be a permitted use in the VC, RRC, GC and HI districts subject to the following requirements:
A. The buffer requirements of § 27-806 of this Chapter shall be met.
B. Parking. One parking space for each 300 square feet of floor space plus one space for each employee.
C. In the village center (VC) district, the establishment shall be designed so as to complement existing buildings and retain the village character.
11. Miniwarehouse. Warehouse/storage units provided for lease to the general public, but not including warehousing for industrial purposes, shall be permitted in the GC district subject to the following requirements:
A. Buffers shall be provided in accordance with § 27-806 of this Chapter.
B. Outdoor storage of automobiles, boats and recreation vehicles, is permitted if they are within the buffered area, and the parked vehicles shall not interfere with traffic movement through the complex.
C. An office and residence is permitted as an accessory use to provide for a fulltime caretaker.
D. The following lease restrictions shall apply:
(1) No business activities other than leasing of storage units.
(2) No explosive, toxic, radioactive or flammable materials.
12. Professional Office. Business, professional services including legal and architectural, or governmental office other than health care practitioners shall be a permitted use in the VC, RRC, GC and HI districts subject to the following requirements:
A. The buffer requirements of § 27-806 of this Chapter shall be met.
B. Parking. One parking space for each 300 square feet of floor space plus one space for each employee.
C. In the village center (VC) district, the establishment shall be designed so as to complement existing buildings and retain the village character.
13. Recreational Camping Park.
A. A lot upon which two or more campsites are located, established or maintained for occupancy as temporary living quarters for recreation or vacation purposes shall be permitted as a conditional use in the AG and O/R districts.
B. The following specific definitions shall apply:
CAMPSITE - a plot of ground within a recreational camping park designed to accommodate a recreational vehicle, tent or other individual camping unit on a temporary basis.
RECREATION VEHICLE - a vehicle less than 38 feet in length, used for temporary living or sleeping purposes, which stands on wheels. Included are travel trailers, truck campers and motor homes. Such vehicles are permitted only in campgrounds or on private individual parcels.
TEMPORARY BASIS - campsites shall be rented by the day, week or month only and occupants of such sites shall remain in the same recreational vehicle park not more than 90 days per year.
(a) The minimum site area shall be 10 acres.
(b) A minimum of 60% of the site shall be kept in open space.
(c) A campground permit shall be obtained from the Pennsylvania Department of Environmental Protection. [Ord. 12/10/2001]
(d) The maximum density permitted is ten campsites per acre.
(e) Signage shall be limited to one free standing wood sign no larger than 20 square feet.
(f) One detached dwelling per camping park may be permitted for the use of an owner or operator of the camping park.
(g) One retail shop may be permitted to supply goods and commodities to those using the park. The maximum floor area shall be limited to 750 square feet.
14. Repair Shop. Repair shop for items such as appliances, lawn mowers, watches, guns, bicycles, locks and small business machines shall be a permitted use in the LI, GC and VC districts subject to the following requirements:
A. The buffer requirements of § 27-806 of this Chapter shall be met.
B. Parking. One off-street parking space for each 300 square feet of gross floor area, plus one additional space for each employee.
C. Signage shall be limited to one attached sign no larger than 20 square feet and/or one perpendicular hanging sign no larger than 12 square feet.
D. For repairs associated with vehicle sales, see § 27-503(19).
15. Retail Stores. Shops and stores selling commodities and goods to the consumer, but not including over-the-counter sale of alcoholic beverages in taverns and bars or stores in excess of 5,000 square feet of floor area, shall be a permitted use in the VC and GC districts subject to the following requirements:
A. Signage shall be limited to one attached sign no larger than 20 square feet and/or one perpendicular hanging sign no larger than 12 square feet.
B. Outdoor collection stations for garbage and trash removal shall be located to the rear of the structure and shall be screened from view.
C. The buffer requirements of § 27-806 of this Chapter shall be met.
D. Parking. One off-street parking space for each 200 square feet of gross area used or intended to be used for servicing customers, plus one additional space for each employee of the largest shift.
E. Within the VC district, retail stores shall be permitted as a conditional use provided they do not exceed 2,000 square feet of floor area.
16. Service Business. Service business including barber, beautician, laundry and dry cleaning, shoe repair, tailor, photographer and travel agency shall be permitted within the VC and GC districts subject to the following requirements:
A. In the case of established neighborhoods where such uses are located in existing structures minimal changes shall be made in the exterior appearance of the building so as to maintain the existing integrity and character of the neighborhood.
B. Signage shall be limited to one attached sign no larger than 20 square feet and/or one perpendicular hanging sign no larger than 12 square feet.
C. The buffer requirements of § 27-806 of this Chapter shall be met.
D. Parking. Two off-street parking spaces unless specific customer base is determined by the Planning Commission to require additional spaces and one space for each employee.
17. Shopping Center. A neighborhood or regional shopping center planned and designed as a complex of related structures and circulation patterns shall be permitted as a conditional use in the GC, HI and RRC districts subject to the following requirements:
A. The shopping centers shall have a minimum site area of 5 acres.
B. No more than 50% of the total site area shall be occupied by buildings and impervious coverage.
C. Retail stores, services businesses, financial establishment, eating place, professional office, indoor entertainment and theater may be permitted in this district.
D. No building or permanent structure, other than a permitted sign, shall be erected within 100 feet of a street line or within 50 feet of any property line.
E. The proposed development shall be constructed in accordance with an overall plan and shall be designed as a single architectural style with appropriate landscaping.
F. The distance, at the closest point, between any two buildings or groups of units of attached buildings, shall be not less than 20 feet.
G. Lighting facilities shall be provided and arranged in a manner which will protect the highway and neighboring properties from any direct glare or hazardous interference of any kind.
H. Buffer yards shall be provided according to the following requirements:
(1) If adjacent to a residential area, a 100 foot buffer yard shall be provided.
(2) If adjacent to the AG district, a buffer yard of trees of 100 foot width shall be established.
(3) Buffer yards may overlap with other required yards. In case of conflict, the larger yard requirement shall apply. In all cases, the buffer yard shall be measured from the property line regardless of the zoning classification.
I. Five and one-half off-street parking spaces shall be provided and maintained for each 1,000 square feet, or portion thereof, of gross leasable area. Gross leasable area is the total floor area designed for tenant occupancy and use, including basements, mezzanines and storage areas, measured from the center line of common partitions and outside wall.
18. Specialty Cultural Shopping Center. A specialized center featuring stores dealing in handicrafts, art, flowers, household goods, boutiques, antiques, specialty foods, etc. and the like shall be permitted as a conditional use in the VC, RRC and HI districts subject to the following requirements:
A. A planted buffer shall be provided in conformance with § 27-806 where the center abuts any noncommercial use.
B. Retail stores, service businesses, financial establishments and eating places may be permitted as long as they are in keeping with the spirit of this section Snack stands and food vendors, operating outside of an enclosed building, may be permitted in such shopping centers. Vending machines located outside of a completely enclosed building shall not be permitted in such shopping centers.
C. Major chain stores servicing the general public, supermarkets, department stores, variety stores, discount stores or service stations are not permitted under this use.
D. Shop sizes shall be no larger than 3,000 square feet.
E. The distance, at the closest point, between any two buildings or groups of units of attached buildings, shall be not less than 20 feet. The proposed center shall be constructed in accordance with an overall plan and shall be designed as a single architectural style with appropriate landscaping.
F. The center shall be planned and designed as a single complex that is intended to blend into and/or complement existing adjacent land uses.
G. Parking. Five off-street parking spaces per 1,000 square feet of commercial floor space.
19. Tavern. An establishment which serves alcoholic beverages for on-premises consumption and which is licensed by the Pennsylvania Liquor Control Board shall be permitted by special exception within the GC district subject to the following requirements:
A. The buffer requirements of § 27-806 of this Chapter shall be met.
B. Parking. One off-street parking space for each 50 square feet of total floor area, plus one additional off-street parking space for each employee.
C. Signage shall be limited to one attached sign no larger than 20 square feet and/or one perpendicular hanging sign no larger than 12 square feet and one free-standing sign no larger than 20 square feet.
20. Vehicle Sale. Sale of vehicles by a duly franchised dealership, new and used car sales and trucks, including recreational motor home and trailer units, and cycle and boat sales and rental shall be permitted within the GC and HI districts subject to the following requirements:
A. Access to roads shall be at least 100 feet from the intersection of any streets.
B. All vehicle parts and similar articles shall be stored within a building.
C. Lubrication, oil changes, tire changes and minor repairs must be performed within a building.
D. Fuel storage shall comply with all applicable regulations of the Pennsylvania Department of Environmental Protection. [Ord.12/10/2001]
E. Signage shall be limited to one attached sign no larger than 20 square feet and/or one perpendicular banging sign no larger than 12 square feet and one free standing sign no larger than 12 square feet set back at least 20 feet from the road right-of-way. At intersections, two such signs shall be permitted.
F. In cases where signage is required by a franchiser, the minimum required sign shall be permitted.
G. The buffer requirements of § 27-806 of this Chapter shall be met.
H. Parking. One off-street parking space for each 300 square feet of customer/ patron floor area, plus one additional space for each employee.
21. Veterinary Office. Office of a veterinarian with accessory animal kennel in which kennels are not a primary use of the facility shall be permitted in the RRC and AG districts subject to the following requirements:
A. All animal boarding buildings that are not wholly-enclosed, and any outdoor animal pens, stalls or runways shall be located within the rear yard.
B. All animal boarding buildings that are not wholly-enclosed, and any outdoor animal pens, stalls or runways shall be a minimum of 100 feet from all property lines.
C. All outdoor pasture/recreation areas shall be enclosed to prevent the escape of the animals; all such enclosures shall be set back a minimum of 10 feet from all property lines.
D. The buffer requirements of § 27-806 of this Chapter shall be met.
E. Parking. One parking space for each 300 square feet of floor space plus one space for each employee.
22. Village Oriented Shop. The village oriented shop consisting of such facilities as corner grocery, drug store, stationery store, soda-fountain, luncheonette, small restaurant, barbershop and beauty parlor shall be permitted as a conditional use in the VC district and is a permitted use in the RRC district subject to the following requirements:
A. No establishment shall exceed 2,000 square feet of floor area
B. Signage shall be limited to one attached sign no larger than 20 square feet and/or one perpendicular hanging sign no larger than 12 square feet. Signage may be lighted by a covered and recessed fixture.
C. Outdoor collection stations for garbage and trash removal shall be located to the rear of the structure and shall be screened from view.
D. The buffer requirements of § 27-806 of this Chapter shall be met.
E. Parking. One off-street parking space for each 200 square feet of gross floor area used for servicing customers, plus one additional space for every employee. Parking shall not be located between a building and a street. The parking requirements may be adjusted by the Zoning Hearing Board provided: (1) there is adequate on-street parking, (2) the shop serves principally a village use or (3) there is an existing lot within easy walking distance.
(Ord. 31911993B, § 502; as amended by Ord. 12/10/2001)
1. Junkyards. Junkyards shall be permitted as a conditional use in the LI district subject to the following requirements:
A. No material shall be placed in any junkyard in such a manner that is capable of being transferred out of the junkyard by wind, water or other natural causes.
B. The boundaries of any junkyard shall at all times be clearly delineated.
C. All paper, rags, cloth and other fibers, and activities involving the same, other than loading and unloading, shall be within fully enclosed buildings.
D. The land area used for junkyard purposes shall not be exposed to public view from any public street or road by virtue of its location on a hillside or location on a plateau below street level.
E. Such junkyard shall be entirely enclosed by a solid fence or wall, at least 8 feet but no more than 10 feet high constructed of plank boards, brick, cinder block or concrete, with access only through solid gates. Such fence or wall shall be kept in good repair and neatly painted in a uniform color. Trees may also be required at the discretion of the Township Planning Commission in conformance with buffer requirements of § 27-806 of this Chapter.
F. The contents of such a junkyard shall not be placed or deposited to a height greater than the height of the fence or wall herein prescribed.
G. The fence or wall shall be situated no closer to any street or property line than 75 feet.
H. All materials shall be stored in such a manner as to prevent the breeding or harboring of rats, insects or other vermin. When necessary, this shall be accomplished by enclosure in containers, raising of materials above the ground, separation of types of material, preventing the collection of stagnant water, extermination procedures or other means.
I. No burning shall be carried on in any junkyard. Fire shall be prevented and hazards avoided by organization and segregation of stored material, with particular attention to the separation of combustibles from other materials and enclosure of combustibles where necessary (gas tanks shall be drained), by the provision of adequate aisles at least 15 feet for escape and firefighting, and by other necessary measures.
2. Logging.
A. Logging is defined as the act of cutting trees for cord wood, for timber, for pulp or for any commercial purpose, excepting therefrom a person cutting on his own property or the property of another, with his permission, for his own or his family's use, the clearing of less than 1 acre for development of building sites, or the clearing for farm operations, if there is no altering of natural drainage courses.
B. Logging is a permitted use in all districts, subject to the following requirements:
(1) An erosion and sediment pollution control plan is required according to the rules and regulations complementing the Clean Streams Law. The Clinton County Conservation district is available to provide assistance in preparing the plan.
(2) The property owner or his agent shall submit a copy of a letter notifying the Board of Supervisors prior to issuance of a temporary zoning permit and commencement of the logging operation.
(3) Upon receipt of a temporary use permit application, a processing fee, and the aforementioned letter, the Zoning Officer shall issue a temporary use permit placard for the logging operation The property owner or his agent shall conspicuously post this placard at the nearest point of public access.
(4) The life of the logging permit shall be 1 year and may be renewed for a like period of time.
(5) Revocation of any required Federal, State or other required approval shall constitute an automatic revocation of the zoning permit.
3. Light Manufacturing. Manufacturing, including the production, processing, cleaning, testing and distribution of materials, goods, foodstuffs and products shall be a permitted use in the LI district subject to the following requirements:
A. The buffer requirements of § 27-806 of this Chapter shall be met.
B. Parking. Three off-street parking spaces for every four employees on the largest shift, plus one space for each company vehicle normally stored on the premises.
C. Wholesale and retail sales are permitted when linked with production of the sale items on the same premises.
4. Planing Mill. Planing mill where wood products are sold or processed to finished items shall be permitted as a conditional use in the LI and AG districts.
A. The buffer requirements of § 27-806 of this Chapter shall be met.
B. As a minimum, the structure containing the saws and/or planning equipment shall be located a minimum of 200 feet from any residential property.
5. Quarries and Other Extractive-Related Uses. Sand, clay, shale, gravel or similar extractive operations including borrow pits shall be permitted as a conditional use in the LI district subject to the following requirements:
A. Plan Specifications to Be Submitted.
(1) The applicant shall provide a full set of all documentation and plans required to meet the permit requirements of the Pennsylvania Department of Environmental Regulations.
(2) The applicant shall provide an analysis of the impact upon Township roads and the weight of trucks shall be indicated.
(3) The applicant shall provide a plan for dust abatement. The applicant shall describe how mud and dust will be controlled during operations.
B. Setbacks.
(1) No stockpiles, waste piles or active processing equipment may be closer than 1,000 feet to a residential district.
(2) No part of the quarry pit, private access road, truck parking area, scales or operational equipment, may be closer than 500 feet to a residential district.
(3) No part of a quarry pit, stockpiles, waste piles, processing equipment, scales, operational equipment or truck parking area may be closer than 100 feet to a public street line.
(4) No part of a quarry pit, stockpiles, waste piles or processing equipment may be closer than 200 feet to a property line.
C. Buffering.
(1) The buffer yard requirements of § 27-806 of this Chapter shall apply.
(2) At locations specified by the Planning Commission, a tree plantation of 100 foot width shall be established.
(Ord. 3/911993B, § 503; as amended by Ord. 12/10/2001)
1. Clubhouses. Within the O/R district, clubhouses are permitted as a conditional use subject to the following requirements:
A. The clubhouse shall be for seasonal use only by its members and guests.
B. The building shall be at least 100 feet from the road right-of-way and at least 50 feet from adjoining property line.
C. The minimum parking requirement shall be established by the Planning Commission.
D. Existing trees and plants shall be retained wherever possible and the buffer requirements of § 27-806 of this Chapter shall be adhered to.
2. Municipal/Public Buildings. Township municipal buildings including administration buildings, police facilities, recreation buildings, libraries, museums or road maintenance facilities shall be a permitted use within the R-1, VC and RRC districts and as a special exception in the AG district subject to the following requirements.
A. The buffer requirements of § 27-806 of this Chapter shall be met.
B. Parking requirements shall be determined by the Planning Commission for permitted uses and by the Zoning Hearing Board for special exceptions.
3. Place of Worship. A structure or structures used for worship or religious instruction, including social and administrative rooms accessory thereto, shall be permitted as a conditional use in the R-1, R-2, VC and AG districts and as a permitted use in the RRC district subject to the following requirements:
A. If located in the village center (VC) district, the establishment shall be of a scale, style and setback to complement existing buildings.
B. Parking. One off-street parking space for each four seats provided for patron use.
4. Recreational Facility. A recreational facility shall be permitted as a special exception use in the AG and O/RR districts subject to the following requirements:
A. No outdoor active recreation area shall be located nearer to any lot line than 100 feet.
B. Outdoor play areas shall be sufficiently screened so as to protect the neighborhood from inappropriate noise and other disturbances. The buffer requirements of § 27-806 of this Chapter shall be met.
C. Parking. One off-street parking space for each 100 square feet of gross area.
5. School. Schools are permitted as a conditional use in the R-1, R-2, AG and VC districts subject to the following requirements:
A. Access shall be taken from an arterial or collector street.
B. Dimensional requirements.
Minimum lot area 10 acres
Minimum lot width 200 feet
Minimum front yard 75 feet
Minimum side-yards 100 feet
Minimum rear yard 100 feet
C. Dimensional requirements may be reduced for proposed small-scale schools located in the village center (VC) district.
D. Outdoor play areas shall be 75 feet from side and rear property lines.
E. Outdoor play areas shall be sufficiently screened to protect the neighborhood from inappropriate noise and other disturbances. The buffer requirements of § 27-806 of this Chapter shall be met.
F. Parking. One space for each employee, plus two spaces per classroom.
(Ord. 3/9/1993B, § 504)
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