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Lamar Township Overview
Lamar Township, PA Code of Ordinances
CODE OF ORDINANCES of the TOWNSHIP OF LAMAR
OFFICIALS of the TOWNSHIP OF LAMAR
FEE SCHEDULE
CHAPTER 1 ADMINISTRATION AND GOVERNMENT
CHAPTER 2 ANIMALS
CHAPTER 3 BICYCLES
CHAPTER 4 BUILDINGS
CHAPTER 5 CODE ENFORCEMENT
CHAPTER 6 CONDUCT
CHAPTER 7 FIRE PREVENTION AND FIRE PROTECTION
CHAPTER 8 FLOODPLAINS
CHAPTER 9 GRADING AND EXCAVATING
CHAPTER 10 HEALTH AND SAFETY
CHAPTER 11 HOUSING
CHAPTER 12 LIBRARIES
CHAPTER 13 LICENSES, PERMITS AND GENERAL BUSINESS REGULATIONS
CHAPTER 14 MOBILE HOMES AND MOBILE HOME PARKS
CHAPTER 15 MOTOR VEHICLES AND TRAFFIC
CHAPTER 16 PARKS AND RECREATION
CHAPTER 17 PLANNED RESIDENTIAL DEVELOPMENT
CHAPTER 18 SEWERS AND SEWAGE DISPOSAL
CHAPTER 19 SIGNS AND BILLBOARDS
CHAPTER 20 SOLID WASTE
CHAPTER 21 STREETS AND SIDEWALKS
CHAPTER 22 SUBDIVISION AND LAND DEVELOPMENT
CHAPTER 23 SWIMMING POOLS
CHAPTER 24 TAXATION, SPECIAL
CHAPTER 25 TREES
CHAPTER 26 WATER
CHAPTER 27 ZONING
APPENDIX
KEY TO THE DISPOSITION OF ALL ORDINANCES
KEY TO SIGNIFICANT RESOLUTIONS
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§ 27-501. Applicability of Subdivision and Land Development Ordinance.
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)
§ 27-502. Agricultural.
   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.
      H.   Each cottage industry shall comply with § 27-408 of this Chapter regulating off- street parking and § 27-410 of this Chapter regulating loading and unloading, exclusive of § 27-410.E pertaining to surfacing. Nevertheless, loading and unloading spaces shall have an approved all-weather surface.
      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)
§ 27-503. Commercial.
   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)
§ 27-504. Industry.
   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)
§ 27-505. Institutional.
   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)
§ 27-506. Residential.
   1.   Day Care Center. Day nursery, nursery school, kindergarten or other agency providing day care for children shall be permitted as a use of special exception within the R-1 and R-2 districts subject to the following requirements:
      A.   The maximum number of children shall be 15 children per acre.
      B.   The minimum yard, setback and lot width requirements for permitted uses in the applicable zoning district shall be met.
      C.   An outdoor play area of at least 200 square feet shall be provided for each child. This area shall be fully enclosed by a 4 foot high fence and shall be located to the side or rear of the lot.
      D.   The buffer requirements of § 27-806 of this Chapter shall be met.
      E.   Prior to final approval of this use by the Zoning Hearing Board and the granting of a permit by the Zoning Officer, the applicant must obtain a license from the Department of Public Welfare, Bureau of Child Development Programs.
      F.   An existing residential building may be used and occupied as a single family residence for the owner or an employee of the owner of the day care center.
      G.   Parking. At least one off-street parking space for each teacher, administrator, and maintenance employee plus two additional spaces per classroom. Parking shall be adequately screened when situated within 50 feet of land zoned for or in residential use.
   2.   Echo Housing. Within the R-1 and AG districts, echo housing is permitted by special exception subject to the following criteria:
      A.   The elder cottage may not exceed 900 square feet of floor area.
      B.   The total building coverage for the principal dwelling, any existing accessory structures and the elder cottage together shall not exceed the maximum requirement for the zoning district in which the elder cottage is located.
      C.   The elder cottage shall be occupied by either an elderly, handicapped or disabled person related to the occupants of the principal dwelling by blood, marriage or adoption.
      D.   The elder cottage shall be occupied by a maximum of two people.
   3.   Family Day Care Facility. Within the R-1, R-2, VC and AG districts, family day care homes are permitted by special exception subject to the following requirements:
      A.   A family day care facility shall offer care and supervision to no more than 6 minors during any calendar day.
      B.   All family day care homes shall furnish a valid registration certificate issued by the Pennsylvania Department of Public Welfare.
      C.   An outdoor play area no less than 400 square feet in area shall be provided. Such play area shall not be located within the front yard or parking lot. Outdoor play areas shall be setback at least 25 feet and screened from adjoining property. The outdoor play area shall be enclosed by a 4 foot high fence and must include shaded areas.
      D.   Passenger "drop-off' and "pick-up" areas shall be provided.
   4.   Group Home. Group homes which accommodate mentally handicapped, physically handicapped, or emotionally handicapped persons are permitted in the R-1, R-2, VC and AG districts subject to the following requirements:
      A.   The number of persons living in such a group home shall not exceed seven and shall include at least one onsite support staff member who shall not be included in the maximum number.
      B.   Group homes shall have the appearance of a conventional, single-family residence and shall meet the minimum yard, setback and lot width requirements for detached dwellings in the applicable zoning district.
      C.   A group home must be licensed by either the County or the State. Proof of licensing shall be submitted with applications for the group home use. Proof of compliance with all applicable County or State regulations shall be furnished to the Township Zoning Officer.
      D.   No group home shall be constructed within a 1/z mile radius of any other group home.
   5.   Home Occupation. Home occupations are permitted as accessory uses in the R-1, R-2, VC and AG districts subject to the following requirements:
      A.   The home occupation shall be carried on only by a member of the immediate family or the operator residing on the lot where the home occupation will be located and a maximum of two nonresident employees.
      B.   The character or external appearance of the dwelling unit or accessory structure must be that of a dwelling or structure normally accessory to a dwelling. Display of products may not be shown so as to be visible from outside the dwelling or the accessory structure. A sign or nameplate not larger than 4 square feet in area shall be permitted. It must be ilhrrninated only by indirect lighting.
      C.   Not more than 25% of the habitable floor area of a dwelling unit may be devoted to a home occupation.
      D.   In addition to the required parking for the dwelling unit, two off-street parking spaces are required unless the specific customer base is determined by the Planning Commission to require a different number of spaces. Parking requirements for home occupations are subject to periodic review by the Zoning Officer and possible adjustment by the Planning Commission.
      E.   The premises must at all times be kept neat and orderly.
      F.   The use will not result in a substantial increase in traffic. A 20% increase in traffic shall be regarded as substantial. For this purpose, measurement of traffic increase shall occur on the nearest non dead end or non cul-de-sac street.
      G.   The use will not involve any waste product other than domestic sewerage or municipal waste.
      H.   The use will not involve sale of any item not made on the premises except as incidental to the home occupation. Beauty shops, insurance agent offices, bake shops, handcraft shops, are examples of the type of uses which normally will meet this requirement.
      I.   The use will not involve any dimensional alteration to any existing building, use of any building constructed or placed after January 1, 1992, or construction or placement of any new building.
      J.   The use will not involve any outside storage.
      K.   The use will not involve noise audible to neighboring residents between 6 p.m and 7 a.m. The Zoning Hearing Board may require as a condition to any special exception that the applicant put in noise insulation and take other action so as to minimize audible noise. If the Zoning Hearing Board determines that the use will involve unreasonable noise which cannot be satisfactorily reduced by insulation or other action, the application shall not be approved.
      L.   The use will not be one which tends to create dust, heat, glare, smoke, vibration or odors outside the building in which the use is being conducted or noise audible outside the building in which the use is being conducted.
      M.   Copies of these requirements will be attached to the use certificate.
   6.   Mobile Homes on Individual Lots. A mobile home may be permitted on an individual lot where any single-family residence is permitted. The Zoning Officer shall utilize the following criteria and may require additional information to be submitted where it is necessary in order to adequately protect the health, safety and welfare of the Township residents.
      A.   Every lot to be used for the placement of an individual mobile home shall have a gross area at least equal to the minimum lot size of the district in which it is located. In addition, the unit must be situated on the lot to meet the applicable minimum setback line requirements.
      B.   Every mobile home shall be placed upon a foundation. One of the following types of foundations must be utilized.
         (1)   Permanent Foundation. A permanent foundation shall consist of no less than footers or masonry construction set well below the frost line. Such foundation shall be constructed to leave no unnecessary open space between the mobile home and the foundation, except for windows or other openings as might be necessary for purposes such as floodproofing.
         (2)   Stand or Pad. A pad or stand, properly graded, placed and compacted so as to be durable and adequate to support maximum anticipated loads during all seasons, may be utilized particularly in situations where a permanent foundation is not practical or a temporary foundation is desirable.
      C.   Every mobile home shall be firmly anchored to its foundation prior to the unit being occupied or used in order to prevent overturning or uplift. The mobile home foundation shall be provided with anchors and tie-downs, such as castin-place concrete "deadmen" eyelets embedded in concrete or runways, screw augers or arrow head anchors. The anchoring system shall be designed to resist a minimum wind velocity of at least 90 miles per hour.
      D.   Each mobile home shall have a continuous wall around its entire perimeter. The wall shall be constructed in accordance with one of the following methods:
         (1)   Permanent Walls. A permanent wall maybe constructed of concrete or masonry and shall extend from the unit floor system to concrete footing below the subgrade frost line; i.e., the extension of a permanent foundation.
         (2)   Skirting. If a masonry wall is not used, each mobile home shall be encircled with skirting designed to compliment its appearance. Skirting shall include materials which have been prefabricated for this specific purpose or other impervious, moisture resistant materials, and shall not include bales of hay, straw, interior plywood, unfinished woods or like materials.
      E.   Access to crawl space created by the installation of a wall shall be provided by means of a door or panel capable of being locked.
      F.   Every unit to be used as a dwelling unit must contain a minimum of 650 square feet of habitable floor area.
      G.   The buffer requirements of § 27-806 of this Chapter shall be met.
      H.   Parking. Two off street parking spaces for each mobile home unit.
      I.   Mobile Homes in Floodplain.
         (1)   Within any identified floodplain area, all manufactured homes and any additions thereto shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse.
         (2)   Where permitted within any identifiedfloodplainarea,allmanufactured homes and additions thereto shall be:
            (a)   Placed on a permanent foundation.
            (b)   Elevated so that the lowest floor is 1' feet or more above the elevation of the 100 year flood.
            (c)   Anchored to resist flotation, collapse or lateral movement.
   7.   Multi-Family (Unit) Dwellings. Multi-family (unit) dwellings, which are defined as a single structure designed for and constructed to contain three or more dwelling units, shall be permitted as a conditional use in the R-1 and AG districts and as a permitted use in the R-2 district. Every such structure shall also meet the requirements outlined below:
      A.   Site Plan Specifications. Application and appropriate data must also be submitted to the Township Planning Commission in accordance with § 22- 505 of the Subdivision and Land Development Ordinance [Chapter 22].
      B.   Traffic Access and Parking Facilities. Each multi-family structure must access onto a public street. All new streets or access drives shall be designed and constructed in accordance with the road standards contained in the Lamar Township Subdivision and Land Development Ordinance [Chapter 22]. The number of parking spaces available on the site shall equal no less than 11/z spaces per dwelling unit.
      C.   Sewage and Water Facilities. The developer must provide adequate sewage and water facilities, in accordance with §§ 22-416 and 22-417 of the Subdivision and Land Development Ordinance [Chapter 22].
      D.   Drainage. All plans for multi-family structures shall include a stormwater management plan as required in § 22-409 of the Township Subdivision and Land Development Ordinance [Chapter 22].
   8.   Residential Development in Agricultural District. In the AG district singlefamily dwelling units shall be located so as to utilize the least agriculturally productive land feasible in order to minimize interference with agricultural production.
      A.   Land would be considered of low quality for agricultural use if:
         (1)   The land cannot feasibly be farmed due to existing features of the site such as rock outcroppings, surface rock that inhibits plowing, heavily wooded areas or slopes in excess of 15%.
         (2)   The land consists of soil classes III, IV or V.
         (3)   Identified as such by the County Conservation District.
      B.   Single-family dwelling units shall be permitted in that part of the tract containing lower quality agriculture land as defined above, subject to the following sliding scale formula:
Size of Tract
# of Dwelling Permitted
Size of Tract
# of Dwelling Permitted
2-5 acres
2
6-15 acres
3
16-30 acres
5
31-50 acres
7
51-75 acres
8
76-100 acres
10
101-120 plus 1 each additional 10 acres
12
 
      C.   The minimum lot size per dwelling shall be 1 acre.
      D.   Prime farmland, soil classes I and II, shall not be used for residential development except in the case where (1) the size or shape of the parcel will not permit efficient use of farm machinery or( 2) no other land on the tract can be used for residential development.
      E.   In any case, the maximum number of units which can be located on prime farmland shall not exceed one single-family residence for every 15 acres.
   9.   Retirement Village. This residential use, intended to encourage the development of communities for people of retirement age, shall be permitted as a conditional use in the R-1 and R-2 districts. In addition to any other applicable provisions of this Chapter, the following standards must be met in order to qualify for this use:
      A.   The density, open space, minimum site area and impervious surface standards for the applicable district shall be met.
      B.   All dwelling units shall be limited to two bedrooms or less.
      C.   Residents must be at least 55 years of age, with no children at home under the age of 18.
      D.   A multipurpose community center for the residents of the development is permitted when part of the village.
      E.   The buffer requirements of § 27-806 of this Chapter shall be met. (Ord. 3/9/1993B, § 505)
§ 27-507.   (Reserved)
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