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)