(A) Purpose. Before a zoning permit is granted for any use listed as a special exception use in this chapter, a site plan shall be reviewed by the Planning Commission and approved by the Zoning Hearing Board. This procedure is provided because of the considerable impact that these uses tend to have on a community.
(B) Procedure.
(1) The Zoning Officer shall deny a zoning permit for the proposed development until written approval of the Zoning Hearing Board is obtained.
(2) All applicants for a special exception use shall submit three sets of site plans for the proposed use to the Zoning Hearing Board as part of the application for a zoning permit.
(3) All site plans shall contain the information required in § 155.022(D).
(4) The Zoning Hearing Board shall forward one copy of the site plan to the Zoning Officer and one copy to the Planning Commission within five days of receiving the submission.
(5) The Zoning Officer shall, prior to the next regularly scheduled Zoning Hearing Board meeting, review the plan to determine compliance with this chapter and submit a written report to the Zoning Hearing Board.
(6) The Planning Commission shall, prior to the next regularly scheduled Zoning Hearing Board meeting, review the plan to determine compliance with this chapter and submit a written recommendation to the Zoning Hearing Board.
(7) The Board shall not decide the case without reviewing the reports received from the Zoning Officer and Planning Commission. Failure of either the Zoning Officer or the Planning Commission to submit a written report prior to the next regularly scheduled meeting shall not prevent the Board from hearing and deciding the request.
(8) The Board shall hear and decide such request for a special exception use under the procedures of this section.
(9) The decision of the Board shall be in writing and shall be communicated to the applicant in accordance with this section.
(C) Approval of special exception uses.
(1) The Zoning Hearing Board shall approve any proposed special exception use if it finds evidence that any proposed use will meet:
(a) All of the general standards listed in division (D) below; and
(b) All of the specific standards for the proposed use listed in division (E) below.
(2) In granting a special exception, the Board may require such reasonable conditions and safeguards (in addition to those expressed in this chapter) as it may deem necessary to implement the purposes of this chapter.
(D) General standards. Each special use shall comply with all of the following general standards:
(1) In conformance with the spirit, purposes, intent and all applicable requirements of this chapter;
(2) In conformance with all applicable provisions of all other township ordinances;
(3) In accordance with the Comprehensive Plan;
(4) In conformance with all applicable state and federal laws, regulations and requirements;
(5) Suitable for the particular location in question; and
(6) Not detrimental to the public health, safety or welfare.
(E) Additional standards. Each of the following special exception uses shall also comply with the additional standards for that use listed in this section.
(1) Academic clinical research center.
(a) Parking requirements shall follow the parking regulations found in § 155.160 for college or university.
(b) An academic clinical research center may only grow medical marijuana in an indoor, enclosed, and secure building which includes electronic locking systems, electronic surveillance, and other features required by the Department of Health. The portion of the academic clinical research center where the medical marijuana is grown or processed shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle, or other motor vehicle.
(c) All external lighting serving an academic clinical research center must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.
(d) A buffer yard as required by § 155.092(D) with a solid, non-transparent fence at a height of six feet from ground to peak is required where an academic clinical research center adjoins a residential use or district.
(e) The clear sight triangle found in § 155.092(C)(2) must be provided and maintained.
(f) The access/driveway must be designed and improved to the standards set forth in § 155.162(D).
(g) Entrances and driveways to an academic clinical research center must be designed to accommodate the anticipated vehicles used to serve the facility. All accesses must secure the appropriate highway occupancy permit and all access to a township road must secure a driveway permit.
(2) Adult use, adult bookstore, adult movie theater, massage parlor or cabaret (which shall mean any of the following uses).
(a) The regulations on adult uses are intended to serve the following purposes, in addition to the overall objectives of this chapter.
1. To recognize the adverse secondary impacts of adult uses that affect health, safety and general welfare concerns of the township. These secondary impacts have been documented in research conducted across the nation. These secondary impacts typically include, but are not limited to, increases in criminal activity, increases in activities that increase the risk of transmission of sexually transmitted diseases, increases in activities that increase the risk of transmission of other communicable diseases, increases in blight, decreases in the stability of residential neighborhoods, and decreases in property values for surrounding homes, and decreases in the marketability of nearby commercial business space. The research conducted across the nation concludes that adult uses typically involve insufficient self-regulation to control these secondary effects;
2. To limit adult uses to locations where these secondary impacts can be minimized, particularly as they affect residential neighborhoods and commercial revitalization; and
3. To not attempt to suppress any activities protected by the “free speech” protections of the state and U.S. Constitutions, but instead to control secondary effects.
(b) No adult use shall be located within 1,000 lineal feet from any existing adult use.
(c) No adult use shall be used for any purpose that violates any federal, state or municipal law.
(d) Pornographic and sexually explicit signs and displays shall be prohibited that are visible from outside of the premises.
(e) The adult use shall not include the sale or display of “obscene” materials, as defined by state criminal law, as may be amended by applicable court decisions.
(f) An adult use shall be prohibited in all districts except where specifically allowed under § 155.068. An adult use is a distinct use, and shall not be allowed under any other use, such as a retail store or club.
(g) A minimum lot area of one acre is required.
(h) For public health reasons, private or semi-private viewing booths of any kind are prohibited. This specifically includes, but is not limited to, booths for viewing adult movies or nude dancers.
(i) No use may include live actual or simulated sex acts nor any physical or sexual contact between employees and entertainers nor or between employees or entertainers and customers. At an adult live entertainment use, employees or entertainers shall maintain a minimum distance of three feet from customers. This shall include, but not be limited to, a prohibition of “lap dancing”.
(j) Only “lawful” massages as defined by state court decisions shall be performed in a massage parlor.
(k) All persons within any adult use shall wear non-transparent garments that cover their genitals and the female aerola, except within a permitted lawful “adult live entertainment facility”.
(l) 1. Any application for such use shall state the names and home addresses of:
a. All individuals intended to have more than a 5% ownership in such use or in a corporation owning such use; and
b. An on-site manager responsible to ensure compliance with this chapter on a daily basis.
2. A telephone number shall be provided where the on-site manager can be reached during township business hours. Such information shall be updated at the beginning of each year in writing to the Zoning Officer.
(m) The use shall not operate between the hours of 12:00 midnight and 7:00 a.m.
(n) As specific conditions of approval under this chapter, the applicant shall prove compliance, where applicable, with the following state laws, as amended: the Pennsylvania Liquor Code, being 47 P.S. §§ 1-101 et seq., Act 219 of 1990 (which pertains to sale or consumption of alcohol between 2:00 a.m. and 8:00 a.m.), Act 207 of 1990 (which pertains to obscenity) and Act 120 of 1996 (which pertains to adult-oriented establishments and which limits enclosed viewing booths among other matters).
(o) An adult use shall not be on the same lot as a use that sells alcoholic beverages.
(p) No such use shall be located within 500 lineal feet of any school, place of worship, day care center or residential district.
(q) No such use shall be located within 1,000 lineal feet of any existing adult bookstore, adult movie theater, massage parlor or cabaret.
(r) A 20-foot wide buffer yard shall be provided, regardless of zoning district, along the side and rear lot lines in accordance with § 155.092(D).
(s) No obscene material shall be placed in view of the general public. Precautions shall be made to prohibit minors from entering the premises.
(3) Airport, public or private and private heliport.
(a) The Pennsylvania Bureau of Aviation with the Pennsylvania Department of Transportation shall find the landing area safe and acceptable for licensing for a private airstrip, private airport or heliport.
(b) The Federal Aviation Administration shall have granted approval for the use of the air space.
(c) The use shall comply with any other applicable federal and state regulations and requirements.
(d) Areas used for landings, take-offs and ground circulation shall be located at least 300 feet away from adjacent property lines.
(4) Animal cemetery.
(a) All the regulations for a “cemetery” in this section shall apply.
(b) The applicant shall prove to the satisfaction of the Zoning Officer that the use will be conducted in such a manner that the public health and ground water quality will not be threatened.
(5) Animal hospital. If the use involves a kennel, other than routine keeping of sick animals, the requirements of a kennel shall also be met.
(6) Animal husbandry, intensive.
(a) The use shall be conducted on a lot at least ten acres in size.
(b) The provisions of § 155.073(B)(2)(b) shall apply.
(c) The provisions of § 155.073(B)(2)(c) shall apply.
(d) Intensive animal husbandry shall only be allowed if special exception approval is granted and the use is in the R-A or AC District. Such use shall be defined as raising of livestock or poultry that involves more than five animal equivalent units of live weight of animals on the average per acre. Such average shall be calculated based upon contiguous acreage that is owned or leased by the operator of the animal husbandry use. Animal weights shall be calculated as provided in state nutrient management regulations.
1. An intensive animal husbandry use shall only be allowed if new buildings used for the overnight confinement of animals are setback a minimum of 500 feet from the boundary of a residential district or the walls of a dwelling that existed prior to the enactment of this section, unless the owner of record of that other lot provides a written waiver allowing a smaller setback.
2. The Zoning Hearing Board may modify such setbacks as part of a special exception approval if necessary to allow reasonable expansion of a pre-existing animal husbandry use or if such setback is shown to be pre-exempted by state law.
(7) Auditorium.
(a) A 20-foot buffer yard shall separate an off-street parking area from an adjoining lot line.
(b) Lighting which is perceptible beyond the property line shall be minimized in accordance with § 155.123.
(8) Bed and breakfast use.
(a) In a residential district, no more than three guest rooms shall be provided and no more than two adults and two children may occupy one guest room.
(b) One off-street parking space shall be provided for each guest room. The off-street parking spaces shall be located either to the rear of the main dwelling or screened from the roadway and adjoining properties by fencing or natural vegetation.
(c) At least one bathroom shall be provided for use by guests.
(e) No external alterations 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.
(f) Members of the immediate family, who must reside on the premises, shall carry on the use.
(g) There shall be no separate kitchen or cooking facilities in any guest room. Food served to guests on the premises shall be limited to breakfast only.
(h) The maximum, uninterrupted length of stay at a bed and breakfast shall be 14 days.
(i) The use of any amenities provided by the bed and breakfast, such as swimming pool or tennis court, shall be restricted in use to the guests of the establishment.
(j) The use may not be established until there is compliance with all township rules and regulations.
(k) The existing sewage disposal system shall be recertified as being adequate, in accordance with the state regulations.
(9) Boarding house. No additional standards.
(10) Bottling industry. Centralized sewage disposal facilities and centralized water supply facilities shall be provided.
(11) Bus station.
(a) Shall be on a lot abutting an arterial or collector street (as defined on the Official Street Classification Map).
(b) Shall provide an area for the loading and unloading of buses separate from required off-street parking areas.
(12) Campground.
(a) Shall meet all applicable state regulations.
(b) No loudspeaker or amplifying device shall be permitted which will project sound that can be heard within a dwelling on another lot.
(c) Lighting perceptible beyond the property line shall be minimized in accordance with § 155.123.
(13) Cemetery. Shall be on a lot at least two acres in area.
(14) Commercial outdoor recreation.
(a) No loudspeaker or amplifying device shall be permitted which will project sound that can be heard inside a dwelling on another lot.
(b) Lighting perceptible beyond the property line shall be minimized in accordance with § 155.123.
(15) Community center/cultural center. No outdoor recreation area shall be located closer to any lot lines than the required front yard depth in the zoning district.
(16) Conversions of an existing building to result in an increased number of dwelling units.
(a) The lot area shall not be reduced to less than the amount stated for the district in which the structure is located.
(b) The yard, building area, off-street parking and other applicable requirements for the district shall not be reduced.
(c) Adequate capacity of sewer, water and other utilities shall be available and shall be certified.
(d) The resulting residential use shall be a permitted use in the district.
(17) Day care center, child, as a principal use.
(a) No outdoor play area shall be closer than 40 feet to any lot line.
(b) The use shall comply with any applicable county, state and federal regulations.
(18) Dispensary.
(a) A medical marijuana dispensary must be legally registered in the Commonwealth and possess a current valid medical marijuana permit from the Department of Health.
(b) A medical marijuana dispensary may only dispense medical marijuana in an indoor, enclosed, permanent, and secure building and shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle, or other motor vehicle.
(c) A medical marijuana dispensary may not operate on the same site as a facility used for growing and processing medical marijuana.
(d) Medical marijuana dispensaries shall have a single secure public entrance and shall implement appropriate security measures to deter and prevent the theft of marijuana and unauthorized entrance into areas containing medical marijuana.
(e) Permitted hours of operation of a dispensary shall be no earlier than 8:00 a.m. to no later than 8:00 p.m. (of the same calendar day).
(f) A medical marijuana dispensary shall be no greater than 3,000 gross square feet, of which no more than 500 square feet shall be used for secure storage of product, and shall have an interior customer waiting area equal to a minimum of 25% of the gross floor area.
(g) A medical marijuana dispensary shall:
1. Have no drive-through service;
2. Not have outdoor seating areas;
3. Not have outdoor vending machines;
4. Prohibit the administering of, or the consumption of medical marijuana on the premises; and
5. Not offer delivery service.
(h) A medical marijuana dispensary may dispense only medical marijuana to certified patients and caregivers and shall comply with all lawful, applicable health regulations.
(i) A medical marijuana dispensary may not be located within 1,000 feet of the property line of a public, private or parochial school or a day-care center. This distance shall be measured in a straight line from the closest exterior wall of the building or portion thereof in which the business is conducted or proposed to be conducted, to the closest property line of the protected use, regardless of the municipality in which it is located.
(j) A medical marijuana dispensary shall be a minimum of 1,000 feet from the next nearest medical marijuana facility. This does not include complementing or supporting businesses covered by different definitions. This distance shall be measured in a straight line from the closest exterior walls of the buildings or portions thereof in which the businesses are conducted or proposed to be conducted, regardless of the municipality in which it is located. This separation distance does not apply to the distance between the grower/processor or academic clinical research centers and the specific dispensary they serve, or with which they partner.
(k) Any medical marijuana dispensary lawfully operating shall not be rendered in violation of these provisions by the subsequent location of a public, private, or parochial school or a day-care center.
(l) All external lighting serving a medical marijuana dispensary must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.
(m) Parking requirements shall follow the parking regulations found in § 155.160 for offices or clinic, medical/dental.
(n) A buffer yard required by § 155.092(D) with a solid, non-transparent fence at a height of six feet from ground to peak is required where a medical marijuana dispensary adjoins a residential use or district.
(o) Entrances and driveways to a medical marijuana dispensary must be designed to accommodate the anticipated vehicles used to service the facility.
1. All accesses must secure the appropriate highway occupancy permit and all access to a township road must secure a driveway permit.
2. The clear sight triangle found in § 155.092(C)(2) must be provided and maintained.
3. The access/driveway must be designed and improved to the standards set forth in § 155.160(D).
(p) Loading and off-loading areas within the structure are preferred. If an external loading dock arrangement is designed, it should be from within a secure environment.
(19) Drive-in (outdoor) theater.
(a) Shall be on a lot abutting an arterial or collector street (as defined on the Official Street Classification Map);
(b) Shall have a lot area of at least ten acres;
(c) A buffer yard, which complies with the standards of § 155.092(D) shall be provided around the entire lot;
(d) Shall provide a driveway at least 300 feet in length between the point where admission tickets are sold and the street right-of-way lines; and
(e) Shall comply with the provisions of § 155.123.
(20) Emergency services station. Shall be located on a lot abutting an arterial or collector street as defined by the Official Street Classification Map.
(21) Fuel oil company. Shall be in accordance with applicable federal, state and local fire protection standards.
(22) Golf course.
(a) No fairways, green or other use area shall be located closer than 50 feet to a rear or side property line.
(b) No building shall be less than 100 feet from any lot line.
(c) Landscaping shall be used to distinguish golf course areas from adjacent private residential properties.
(23) Ground water or spring water withdrawal, as regulated under § 155.068.
(a) A study by a qualified professional shall be submitted to the township to estimate the expected impacts upon neighboring wells, particularly taking into account drought conditions.
(b) Minimum lot area: ten acres, plus five acres for each 50,000 gallons per day of permitted water removal.
(c) Special exception approval shall not be required for agricultural uses.
(d) Bottling operations shall only be allowed in the I District.
(e) The applicant shall estimate the amount of truck traffic that will serve the site, and provide a traffic impact study by a qualified professional to assess the impacts.
(24) Group home.
(a) There shall be no more than six residents, unless specifically approved otherwise under § 155.029.
(b) There shall be 24-hour supervision by people qualified by training and experience in the field for which the group home is intended.
(c) The use shall be licensed under the applicable state program, as applicable.
(d) Any medical or counseling services provided shall be done so only for residents.
(e) One off-street parking space shall be provided for:
1. The supervisor;
2. Each additional employee per shift; and
3. Every two residents.
(f) The group home activity shall not be related to criminal rehabilitation of either juveniles or adults.
(g) If the group home is an existing or new structure, located in a residential district or subdivision, it shall be maintained and/or constructed to ensure that it is similar in appearance, condition and character to the other residential structures in the area.
(h) The group home shall register its location, number of residents and sponsoring agency with the township and such information shall be available to the public.
(i) If there is a change of sponsor, management or type of client in the group home, the use shall be reconsidered by the township.
(j) A statement setting forth full particulars on the operation to be conducted and to include the approvals of the Pennsylvania Department of Health, Labor and Industry, State and Public Welfare, Human Relations Commission as well as to Title VI of the Civil Rights Act of 1964, being 42 U.S.C. §§ 2000d et seq. shall be filed with the township where applicable.
(k) The group home shall provide the township with a certificate of certification on an annual basis.
(l) This use shall not include a treatment center.
(25) Grower/processor.
(a) A medical marijuana grower/processor may only grow medical marijuana in an indoor, enclosed, and secure building which includes electronic locking systems, electronic surveillance and other features required by the Department of Health. The grower/processor facility shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle, or other motor vehicle.
(b) The floor area of a medical marijuana grower/processor shall not exceed 20,000 square feet and shall include space for production, secure storage of marijuana seeds, related finished product, and marijuana related materials and equipment used in production and cultivation or for required laboratory testing.
(c) There shall be no emission of dust, fumes, vapors, odors or waste into the environment from any facility where medical marijuana growing, processing or testing occurs.
(d) Marijuana remnants and byproducts shall be secured and properly disposed of in accordance with the Department of Health policy and shall not be placed within any unsecured exterior refuse containers.
(e) The grower/processor shall provide only wholesale products to other medical marijuana facilities. Retail sales and dispensing of medical marijuana and related products is prohibited at medical marijuana grower/processor facilities.
(f) Grower/processors may not locate within 1,000 feet of the property line of a public, private, or parochial school or day-care center.
(g) Parking requirements shall follow the parking regulations found in § 155.160 for all industrial uses (including warehousing, distribution and manufacturing).
(h) A buffer yard as required by § 155.092(D) with a solid, non-transparent fence at a height of six feet from ground to peak is required where a medical marijuana grower/processor adjoins a residential use or district.
(i) Entrances and driveways to a medical marijuana grower/processor must be designed to accommodate the anticipated vehicles used to service the facility.
1. All accesses must secure the appropriate highway occupancy permit and all access to a township road must secure a driveway permit.
2. The clear sight triangle found in § 155.092(C)(2) must be provided and maintained.
3. The access/driveway must be designed and improved to the standards set forth in § 155.162(D).
(j) A grower/processor must be legally registered in the Commonwealth of Pennsylvania and possess a valid, current medical marijuana permit from the Department of Health.
(26) Gun club/outdoor target range.
(a) All outdoor target ranges shall have a barrier behind the target area, which is of sufficient height and thickness to adequately provide for the public safety.
(b) The use shall comply with National Rifle Association standards for the type of weapons that will be used.
(c) The area used for shooting and for any target area shall be setback a minimum of 450 feet from any occupied building on another lot.
(28) Hospital.
(a) Shall be located on a lot abutting an arterial or collector street as defined by the Official Street Classification Map.
(b) More than one access road of at least 20 feet in width shall be provided from such arterial or collector street.
(c) More than one fire exit shall be provided.
(d) All facilities shall be located on the ground floor, unless and elevator sufficient to accommodate rolling beds or litters provides access to other than ground floor levels.
(29) Junkyard (includes auto salvage yard).
(a) Storage of putrescent garbage that was not generated on-site shall be prohibited.
(b) All junk should be at least 200 feet from any adjoining lot.
(c) All junk should be at least 200 feet from any public highway, road or street.
(d) The site shall contain at least two points of vehicle access, each of which is not less than 30 feet in width.
(e) The site shall be completely enclosed by a buffer yard, regardless of zoning district, which complies with the standards of § 155.092(D).
(f) The burning or incineration of vehicles or junk shall be prohibited unless said burning is carried out in a completely enclosed incinerator approved by the DEP.
(g) All junkyards shall also comply with the provisions of township Ord. 15, as codified in Chapter 112 of this code of ordinances.
(30) Kennel.
(a) All buildings in which animals are housed and all runs shall be located at least 100 feet from all lot lines.
(b) Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot be perceived at the lot lines.
(c) Outdoor runs may be provided so long as a double evergreen screen at least six feet in height is provided around the runs. No animal shall be permitted to use the outdoor runs from 8:00 p.m. to 8:00 a.m.
(d) A buffer yard meeting § 155.092(D) shall be required between any kennel and any lot occupied by a dwelling unless existing mature trees covering land with a minimum width of 20 feet will be preserved between the kennel and the adjacent dwelling.
(e) If more than 50 dogs are kept on the lot at any one time, then a minimum setback of 200 feet shall apply for any building or outdoor area used for the keeping of dogs or outdoor pens or runs from any lot line of a lot occupied by a dwelling that is not in common ownership with the kennel.
(f) If a kennel is required to obtain a state license as a kennel, and such state license expires, is suspended or revoked, then the township zoning permit for the kennel shall also automatically be invalid during such period of time.
(31) Laundry/laundromat. Centralized sewage disposal facilities and centralized water supply facilities shall be provided.
(32) Lumber yard. Shall be on a lot abutting an arterial or collector street (as defined by the Official Street Classification Map).
(33) Manufactured (mobile) home park.
(a) Shall have a minimum tract size of five acres and a maximum overall density of no more than five manufactured homes per acres;
(b) Shall have centralized sewer and water;
(c) Shall have a 20-foot buffer yard around the perimeter of the site; and
(d) All applicable provisions of the township subdivision and land development ordinance shall be complied with.
(34) Medical marijuana delivery vehicle office.
(a) A traffic impact study is required for a medical marijuana delivery vehicle office.
(b) Parking requirements shall follow the parking regulations found in § 155.160, other than above.
(c) All external lighting serving a medical marijuana delivery vehicle service must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.
(d) A buffer yard as required by § 155.092(D) with a solid, non-transparent fence at a height of six feet from ground to peak is required where a medical marijuana delivery vehicle office center adjoins a residential use or district.
(e) Entrances and driveways to a medical marijuana delivery vehicle office must be designed to accommodate the anticipated vehicles used to enter and exit the premises.
1. All accesses must secure the appropriate highway occupancy permit and all access to a township road must secure a driveway permit.
2. The clear sight triangle found in § 155.092(C)(2) must be provided and maintained.
3. The access/driveway must be designed and improved to the standards set forth in § 155.162(D).
(f) If a medical marijuana product is to be temporarily stored at a medical marijuana delivery vehicle service office, the office must be secured to the same level as a medical marijuana grower/producer and dispensary.
(g) Loading and off-loading areas within the structure are preferred. If an external loading dock arrangement is designed, it should be from within a secure environment.
(35) Mineral extraction.
(a) The activities and residual effects shall not create conditions hazardous or otherwise adverse to the value and use of adjacent properties or the well being of the surrounding area and its residents.
(b) The site shall be reclaimed to a non-hazardous state permitting activities and resulting condition of the site will not result in environmental degradation of the surrounding area.
(c) A buffer yard shall completely enclose the site, regardless of zoning district, which complies with all of the standards of § 155.092(D) (except such buffer yard shall be at least 50 feet in width) and shall be set back from adjacent properties by at least 100 feet and from residential structures by at least 200 feet (or such greater distance as may be required by site conditions to protect adjacent properties as determined necessary by the Zoning Hearing Board).
(d) Unique or environmentally significant natural features and significant historic or architectural structures and sites shall be protected from disruption or adverse effects from quarrying and/or mining activities.
(36) Motor vehicle race track.
(a) No loudspeaker or amplifying device shall be permitted which will project sound that is perceptible from within a dwelling on another lot.
(b) Lighting perceptible beyond the property line shall be minimized in accordance with § 155.123.
(d) The area used for racing of vehicles shall be setback a minimum of 250 feet from any residential lot.
(37) Paper/pulp mill. Minimum lot area: ten acres.
(38) Place of worship. Shall be on a lot at least two acres in area, unless it is within the C Commercial District.
(39) Public or private primary or secondary school. Two acre minimum lot size, plus one acre for each 100 students.
(40) Restaurant.
(a) Shall screen all trash containers;
(b) Shall provide landscaping on all areas not covered by buildings, structures, parking areas or access drives; and
(c) May provide an outdoor menu board (which shall not be considered a sign) if drive-up service is provided from within the building to customers in their vehicles.
(41) Self-storage development.
(a) All storage units shall be fireproof and waterproof. Each shall have separate ingress and egress secured by a locking device.
(b) Outdoor storage shall be limited to recreational vehicles, campers and boats on trailers parked on paved areas. All such items must be licensed and inspected (if applicable), and in operable condition.
(c) Trash, garbage, refuse, explosive or flammable materials, hazardous substances, animal, animal carcasses or skins, or similar items shall not be stored.
(d) Nothing shall be stored in interior traffic aisles, off-street parking areas, loading areas or driveway areas.
(e) Servicing or repairing of boats, vehicles, trailers, lawn mowers or any similar equipment shall not be permitted.
(f) Adequate lighting shall be provided to illuminate the area, but directed away or shielded to direct light away from adjacent uses.
(42) Slaughterhouse.
(a) There shall be a minimum of a ten acre lot size.
(b) The buildings where slaughter takes place shall not be located closer than 200 feet from all property lines except the dwelling of the owner or lessee, and no closer than 500 feet from an existing dwelling or an approved residential subdivision.
(c) The slaughterhouse shall comply with all applicable state and federal regulations.
(43) Solid waste disposal area/facility.
(a) This term shall include a solid waste transfer facility, solid waste landfill or solid waste-to-energy facility.
(b) All solid waste storage, disposal, incineration or processing shall be at least 200 feet from the following: public street right-of-way; exterior lot line; 100-year floodplain; edge of a surface water body (including a water filled quarry); or wetland of more than one-half acre in area.
(c) All solid waste storage, disposal, incineration or processing shall be a minimum of 500 feet from any of the following: a RS-R District; a S-R District; a residential district in another municipality; a perennial creek; a publicly-owned park or any existing dwelling that the applicant does not have an agreement to purchase.
(d) The use shall be served by a minimum of two paved access roads, each with a minimum cartway width of 24 feet. One of these roads may be restricted to use by emergency vehicles.
(e) No burning or incineration shall occur, except within an approved waste to energy facility.
(f) The operation and day to day maintenance of the solid waste disposal area shall comply with all applicable state and federal regulations as a condition of the continuance of any permit of the township. Violations of this condition shall also be considered to be violations of this chapter.
(g) Open dumps and open burning of refuse are prohibited.
(h) The applicant shall prove to the satisfaction of the Zoning Hearing Board that the existing street network can handle the additional truck traffic, especially without bringing extraordinary numbers of trash hauling trucks through or alongside existing residential or residentially zoned areas and especially considering the width and slopes of streets in the township.
(i) The applicant shall prove to the satisfaction of the Zoning Hearing Board that the use would not routinely create noxious odors off of the tract.
(j) A chain link or other approved fence with a minimum height of eight feet shall surround active solid waste disposal areas to prevent the scattering of litter and to keep out children, unless the applicant proves to the satisfaction of the Zoning Hearing Board that this is unnecessary. The Board shall require earth berms, evergreen screening and/or shade trees as needed shall be used to prevent landfill operations from being visible from an expressway or arterial streets or dwellings.
(k) A minimum lot area of 15 acres shall be required for the first 250 tons per day of capacity to treat or dispose of waste, plus one acre for each additional 100 tons per day of capacity. A solid waste facility shall have a maximum total capacity of 500 tons per day.
(l) Health hazards: any facility shall be operated in such a manner to prevent the attraction, harborage or breeding of insects, rodents or vectors.
(m) Attendant: an attendant shall be present during all periods of operation or dumping.
(n) Gates: secure gates, fences, earth mounds, and/or dense vegetation shall prevent unauthorized access.
(o) Emergency access: the operator of the use shall cooperate fully with local emergency services. This should include allowing practice exercises on the site and the provision of all information needed by the emergency services to determine potential hazards. Adequate means of emergency access shall be provided.
(p) Under authority granted to the township under Act 101 of 1988, the hours of operation shall be limited to between 7:00 a.m. and 9:00 p.m.
(q) Any storage of used tires shall be divided into separate piles so that each pile contains a maximum of 200 tires and that are separated by other tires by a minimum of 50 feet. No tires shall be stored on site for more than 30 days and shall be limited to storage of tires that are awaiting imminent disposal or reuse. Unless the tires are shredded, the tires shall be covered by a material that avoids the presence of standing water inside the tires.
(r) Litter: the operator shall regularly police the area of the facility and surrounding streets to collect litter that may escape from the facility or trucks.
(s) Dangerous materials: no radioactive, hazardous, chemotherapeutic or infectious materials may be stored, processed, disposed or incinerated. INFECTIOUS MATERIALS are defined as medical wastes used or created in the treatment of persons or animals with seriously contagious diseases.
(t) The applicant shall provide sufficient information for the township to determine that the requirements of this chapter will be met.
(u) State requirements: nothing in this chapter is intended to supersede any state requirements. It is the intent of this chapter that when similar issues are regulated on both the township and state levels, that the stricter requirement shall apply for each aspect, unless it is determined that an individual state regulation preempts township regulation in a particular aspect. The applicant shall provide the Zoning Officer with a copy of all written materials and plans that are submitted to PennDEP at the same time as they are submitted to DEP.
(v) For a solid-waste-to-energy facility or solid waste transfer facility, all loading and unloading of solid waste shall only occur within an enclosed building, and over an impervious surface drains to a holding tank that is then adequately treated. All solid waste processing and storage shall occur within enclosed buildings or enclosed containers.
(44) Commercial stable or riding academy.
(a) The use shall be conducted on a lot at least ten acres in size.
(b) No new agricultural buildings, animal shelters, stables, or feed yards shall be located closer than 500 feet from all dwellings except the dwelling of the owner or lessee, or from all residential district boundaries. New manure storage locations and amounts shall be consistent with the Nutrient Management Act.
(c) No additions to existing agricultural buildings, animal shelters, stables, or feed yards shall be located closer than 150 feet from all property lines, residential district boundaries and dwellings except the dwelling of the owner or lessee. New manure storage locations and amounts shall be consistent with the Nutrient Management Act.
(45) Swimming club or non-household swimming pool.
(a) All pools shall be entirely enclosed with a good quality chain-link or preferably a wooden or other equivalent fence of not less than six feet in height.
(b) No loudspeaker or amplifying device shall be permitted which will project sound that can be heard inside a dwelling on another lot.
(c) Lighting perceptible beyond the property line shall be minimized in accordance with § 155.123.
(46) Treatment center.
(a) See definition in § 155.051.
(b) The applicant shall provide a written description of all conditions (such as criminal parolees, alcohol addiction) that will cause persons to occupy the use during the life of the permit. Any future additions to this list shall require an additional special exception approval.
(c) The applicant shall prove to the satisfaction of the Zoning Hearing Board that the use will involve adequate on-site supervision and security measures to protect public safety.
(d) The Zoning Hearing Board may place conditions upon the use to protect public safety, such as conditions on the types of residents and security measures.
(e) If the use involves five or more residents, a suitable recreation area shall be provided that is supervised by the center’s staff.
(47) Trucking company terminal.
(a) As a condition of special exception approval, the Zoning Hearing Board may require additional earth berming, setbacks, landscaping and lighting controls as it determines to be necessary to provide compatibility with adjacent dwellings.
(b) These measures shall be designed to minimum glare, noise, soot, dust, air pollutants and other nuisances upon dwellings.
(48) Warehouse or wholesale.
(a) Truck parking and loading shall meet the minimum standards of this chapter and in unique situations shall be provided according to maximum standards of the industry for the specific type of warehouse, whole or distribution activity to be conducted.
(b) Truck or rail access and operations shall not conflict with the convenience and safety of auto traffic and parking.
(c) No storage of trash, garbage, refuse, explosive or flammable materials, hazardous substances, animals, animal carcasses or skins, or similar items shall be permitted.
(49) Wind turbine(s). Other than is allowed as an accessory use by § 155.075 (including, but not limited to, two or more wind turbines per lot, or a wind turbine as a principal use).
(a) The wind turbine shall be setback from the nearest occupied principal building on another lot a distance not less than two times the maximum height to the top of the turbine, unless a written waiver is provided by the owner of such building. The turbine height shall be the distance from the ground level to the highest point of the turbine rotor plane. The setback shall be measured from the base of the turbine to the nearest part of the occupied principal building. This provision shall apply to buildings that existed prior to the application for a zoning permit.
(b) The audible sound from the wind turbine(s) shall not exceed 50 A weighted decibels, as measured at the exterior of a occupied principal building on another lot, unless a written waiver is provided by the owner of such building.
(c) The owner of the facility shall completely remove all above ground structures within 12 months after the wind turbine(s) are no longer used to generate electricity.
(d) Wind turbines shall not be climbable for at least the first 12 feet above the ground level.
(e) All wind turbines shall be set back from the nearest public street right-of-way a minimum distance equal to the total height to the top of the turbine hub, as measured from the center of the wind turbine base.
(f) All wind turbines shall be set back from the lot line a minimum distance equal to the total height to the top of the turbine hub, as measured from the center of the wind turbine base, unless a written waiver is provided by the owner of such lot.
(g) If guy wires are used, and they are not within a fence, they shall be marked near their base with reflectors, reflective tape or similar method.
(h) The turbine shall include automatic devices to address high speed winds.
(i) Accessory electrical facilities are allowed, such as a transformer.
(j) The site plan shall shows the proposed facilities with the proposed total heights, existing buildings, lot lines, driveways, minimum setbacks, areas of woods proposed to be cleared and existing and proposed underground lines in the area of proposed activity.
(50) Wireless communications facilities.
(a) It is the intent of this division (E)(50) to strike a balance between the needs of wireless providers but maintain local authority over decisions regarding the placement, construction and modification of wireless communications facilities.
(b) Towers and antennas shall be regulated or permitted pursuant to this division (E)(50), and shall not be regulated or permitted as essential services, public utilities or private utilities.
(c) Upon the effective date of this section, all new towers, antennas added to existing towers and new wireless communications facilities shall be subject to the provisions of this division (E)(50) except for any tower, or antenna added to an existing tower which:
1. Is less than 70 feet in height and is owned and operated by a federally licensed amateur radio station operator; or
2. Is used exclusively as a “receive only” antenna.
(d) Each application shall contain the following information:
1. A copy of the FCC license of all proposed users of the facility;
2. A legal description of the subject tract or parcel;
3. A description of the tower including its design characteristics, the numbers and types of antennas which are proposed to be located on the tower, the color of the tower, whether the tower will be illuminated and whether the tower, if constructed, will accommodate co-location of additional antennas for future users and the number of such potential future users;
4. Documentation from the FCC, FAA and Pennsylvania Aeronautics Division, and any other federal or state entity which regulates the wireless communication facility, that if constructed, it would be in compliance with current regulations, including but not limited to the mandate of the Hearing Aid Compatibility Act and the Americans with Disabilities Act, or that the facility is exempt from those regulations;
5. A statement identifying the entities providing the backhaul network for the tower and any other cellular sites owned or operated by the applicant in the township;
6. Certification from a registered professional engineer that the tower, if constructed, has structural capability and would meet current standards for steel antenna towers and antenna supporting structures established by the Electrical Industrial Association/Telecommunications Industrial Association and any other regulatory body;
7. An inventory of the applicant’s existing towers, antennas or sites approved for towers or antennas within the township, including specific information about the location, height and design of each tower, antenna or site;
8. A site plan meeting the requirements of § 155.022(D), and also showing the setback distance of the antenna or tower from all property lines, street right-of-way lines, its distance from the nearest residential unit and other existing wireless communication facilities located within the township using exact global positioning satellites;
9. A landscaping plan meeting the requirements of division (B)(50)(j)6. below and all other requirements of the township;
10. Documentation from the Lehigh-Northampton Airport Authority that it is aware of the intent to locate a wireless communication facility; and
11. Certification with appropriate documentation from an engineer that an intermodulation analysis has been performed demonstrating that the proposed wireless communication facility will not cause undue interference to existing facilities or undue hardship to the health, safety and welfare of the community.
(e) Each application shall be accompanied by a deposit of $5,000 which shall be used by the township to contract with an independent consultant(s) to evaluate the application to determine whether the proposal meets all state and federal requirements, whether the use of existing towers or other structures would satisfy the functional requirements of the applicant and whether the proposal meets the requirements of this division (E)(46).
(f) For purposes of this section only, in addition to the other requirements imposed by § 155.030(A), notice shall be given to the applicant, the Zoning Officer, the Commission, the Board of Supervisors, the property owners within 500 feet of the proposed lot upon which the wireless communications facility will be sited and any other person or group (including civic or community organizations) who has made a timely request for such notice, by personally delivering or mailing a copy of the published notice.
(g) The applicant shall demonstrate, using technological evidence, that the wireless communications facility must be sited where proposed to satisfy its functional requirements.
(h) To encourage the co-location of wireless communications facilities, the applicant shall demonstrate that no existing tower or structure will accommodate the functional requirements because of the following:
1. No existing towers or structures are located within the geographic area;
2. Existing towers or structures are of an insufficient height;
3. Existing towers or structures have insufficient structural strength to support the proposed facilities;
4. The proposed facilities would cause unacceptable electromagnetic interference because of other existing facilities; and
5. The fees, costs or contractual provisions required of the applicant by the owner of an existing tower or structure to share or adopt an existing tower or structure are unreasonable.
(i) The tower or antenna should be set back a distance equivalent to 200% of the height of the tower. The setback lines shall be measured from the nearest property or lease lot lines and existing street right-of-way lines or the distance measured to the nearest property or lease line equal to the fall zone.
(j) The following requirements apply to proposed towers.
1. The applicant shall provide certification from a registered professional engineer that the tower would meet the wind resistance requirements, stated in the applicable version of the International Construction Code. The registered professional engineer shall also certify to the overall structural integrity of the tower.
2. For all towers exceeding 200 feet in height, the applicant shall provide documentation of FAA approval. For towers of 200 feet or less, the requirements of 14 C.F.R. Part 77.13(a), as amended, must also be met.
3. No tower shall be artificially lighted except when required and approved by the FAA or other regulatory agency. Where lighting is required by a regulatory agency, the applicant must provide written documentation that the proposed lighting is the minimum mandated by that agency.
4. A minimum of two off-street parking spaces shall be provided for each tower.
5. The base of the tower shall be surrounded by a secure fence, with an anti-climbing device, with a minimum height of eight feet.
6. Landscaping shall be required and shown on the site plan to screen the fence surrounding the tower and any other ground level features, including buildings or parking areas. The landscaping shall consist of evergreen plantings with a minimum height of six feet at planting, a minimum of four feet wide, planted ten feet on center maximum, and with an expected growth of a minimum of 15 feet at maturity. Existing mature tree growth and natural landforms on the site shall be preserved to the greatest extent possible.
7. The towers shall have a galvanized steel finish and be painted a neutral color, unless the regulatory authorities have provided documentation mandating to the contrary. All buildings and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend into the natural setting and surrounding buildings and structures.
8. There shall be a separation distance of at least one-half mile between towers measured from the center of the base of the existing tower to the center of the base of the proposed tower.
9. The fall zone shall be equal to 200% of the height of the tower. No structures other than a communications equipment building shall be placed within the fall zone.
(k) The following requirements apply to proposed antennas.
1. The applicant shall provide certification from a registered professional engineer stating that the antenna meets the wind resistance requirements stated in the most current version of the BOCA National Building Code. The registered professional engineer shall also certify to the overall structural integrity of the tower and antenna.
2. For any antenna resulting in a facility in excess of 200 feet in height, documentation of FAA approval shall be provided. If the facility is less than 200 feet in height, the antenna shall meet the requirements of 14 C.F.R. § 77.13(a), as amended.
3. No antenna shall be artificially lighted except when required and approved by the FAA or other regulatory agency. Where lighting is required by a regulatory agency, the applicant must provide written documentation that the proposed lighting is the minimum mandated by that agency.
4. Where an antenna is to be installed on a structure other than a tower, the antenna and any supporting electrical and mechanical equipment must be of a neutral color that is identical to, or compatible with, the color of the supporting structure.
5. Where an antenna is to be installed on a tower or mounted on a utility or light pole, any communications equipment building proposed on the lot shall be no greater than 200 square feet of gross floor area and no more than ten feet in height. A dense planting screen with a planted height of at least six feet shall screen the communications equipment building.
6. Where an antenna is to be mounted on a structure or rooftop, any communications equipment building proposed on the lot shall be no greater than 100 square feet of gross floor area and no more than ten feet in height. If the structure or rooftop is less than 65 feet in height, any proposed communications equipment building must be located on the ground. If the communications equipment building is located on the rooftop, the area of the communications equipment building shall be less than 20% of the total rooftop area.
(l) No signs except those mandated by regulatory bodies shall be permitted on the lot where the tower or antenna is to be located.
(m) Within 45 days of the decision of the Zoning Hearing Board, the township shall provide an itemized statement of expenses incurred by its independent consultant(s). Any used monies shall be returned to the applicant.
(n) As a condition to obtaining a zoning permit, the applicant agrees to the following:
1. To carry with insurance companies with an A.M. Best rating of at least A- or 6, liability insurance for its use and activities on the proposed lot, which coverage shall be a minimum coverage of $500,000/$1,000,000 for personal injury, property damage and/or death, and shall furnish to the township a certificate of insurance evidencing its compliance with this requirement;
2. If the wireless communications facility is located on property owned or leased by the township, then in that instance alone, to indemnify and save harmless the township, its officers, agents and employees, from any and all claims for damages asserted by anyone as a result of injury to person or property, loss or damage resulting from it or in any way related to the approval given or to the activities conducted on the proposed lot;
3. If the tower or antenna remains unused for a period of 12-consecutive months, the applicant, owner and/or operator, shall dismantle and remove the tower or antenna within 90 days of notice to do so by the township. Security shall be posted, in a form acceptable to the township in its favor in such amount to remove the wireless communications facility and site clean-up, which security may be utilized by the township in the event the applicant, owner and/or operator fails to remove it within 90 days of notification from the township. If there are two or more users of a single tower, then this condition shall not become effective until all users have abandoned the tower or antenna. The amount of security shall be determined by the Zoning Officer and shall be payable before the issuance of any permit;
4. Annually, the township, through its independent consultant, shall inspect the wireless communications facility to verify that it is constructed, maintained and functioning in accordance with the approval given by the Zoning Hearing Board. The owner and/or operator shall be billed 60 days in advance of the inspection date, and the failure to remit payment to the township in advance of the inspection date shall be conclusive evidence that the owner and/or operator has abandoned the use permitted by the special exception; and
5. Within ten days of completion of the wireless communication facility, a registered professional engineer shall certify, in writing, to the township that the wireless communications facility has been constructed pursuant to the approval given by the Zoning Hearing Board, and the requirements of this zoning chapter.
(Ord. 126, passed 3-18-2010; Ord. 153, passed 8-17-2017; Ord. 170, passed - -2023)