(A) In general. An accessory use on the same lot and customarily incidental to a permitted principal use is permitted by right.
(B) Yard requirements. Every accessory use shall comply with the yard regulations for the district in which it is located, except as otherwise specifically provided in this chapter.
(C) Special standards. Each accessory use shall comply with all of the following standards listed for that use.
(1) Bus shelter. Bus shelters may be erected and maintained for the convenience and safety of school children and resident commuters in any zoning district of the township on the following terms and conditions.
(a) Shelters shall not exceed seven feet in width, eight feet in length (depth), and seven feet in height and shall be set upon and firmly anchored to reinforced concrete pads at least four inches thick. A mud-free approach from the side of the street on which the shelter fronts to the shelter itself shall be installed.
(b) Shelters shall in all cases be located on private property.
(c) No shelter shall be erected on private property without the owner or owners of such private property having first given written permission or lease authorizing the erection and maintenance of the shelter thereon.
(d) Shelters erected for the convenience of the school children shall be erected only at locations designated as official school bus stops by the Board of Directors of East Penn School District or the Board of Directors of such other school district of which the township shall be a part. Shelters erected for the convenience of resident commuters shall be erected only at locations approved by the Board of Supervisors, upon Planning Commission recommendation; provided, however, that there shall be a distance of at least 1,000 feet between shelters regardless of the purpose for which they are erected.
(e) Shelters erected between intersections shall be located at least one foot back from the legal right-of-way line (property line) of the street intersection properties where the side of the shelter is less than 50 from the legal right-of-way line (property line) of the street at the side of shelter shall be set back at least 15 feet from the legal right-of-way line (property line) of the street on which the shelter fronts. Shelters shall also be located at least 15 feet away from the side property lines of the property on which the shelter is located unless the owner of the adjoining property gives written permission of consent to have said shelter placed closer than 15 feet from said side property line.
(f) Shelters may bear advertising displays not exceeding 32 square feet in size on each side of the shelter; provided, however, that advertisement of intoxicating beverages or tobacco products shall not be displayed on any shelter.
(g) Shelters shall at all time be properly maintained and kept in repair by the owner thereof. They shall be kept clean, free of papers and debris, and free of obscene writings and marking on any part thereof.
(h) The owner of each shelter shall cause the same to be covered by liability insurance issued by a reputable insurance company insuring the owner of the shelter, the owner of the land on which the shelter is erected, and the township against any and all liability for personal injury, death or property damage. The limits for coverage for such insurance policy shall be $250,000 to $300,000 for each occurrence. The township shall be furnished a certificate by the company issuing such policy certifying that such policy has been purchased, that it is in full force and effect, and that the same will not be cancelled without the township first being given ten days’ prior written notice of the intention to cancel said policy.
(i) No shelter shall be erected until the Zoning Officer shall have issued a permit authorizing such erection. Application for such permit shall be made to the Zoning Officer on a form prescribed by him or her, which application for shall be accompanied by:
1. A copy of a written lease signed by the owners of the ground on which the shelter is to be erected authorizing such erection;
2. A picture or diagram of the proposed shelter indicating the dimensions thereof;
3. A plot plan showing the location of the proposed shelter on the private property and indicating the setback of said side street;
4. In the case of shelters erected for the convenience of school children, a certification from the proper school district officials certifying that the proposed location is an official school-bus stop; and
5. A permit fee of $2.50.
(j) 1. The Zoning Officer may order the removal of any shelter which:
a. Is not properly maintained and kept in repair;
b. Is erected or maintained contrary to the terms of this chapter;
c. Is no longer covered by insurance as herein required;
d. Is located on private property for which a valid lease is no longer in existence; and
e. When the location at which the shelter is situated has ceased to be an officially designated bus stop for a period of three years.
2. In the event that such removal is ordered, the shelter shall be removed and the premises restored to its original condition within 30 days of said order of removal.
(k) Upon removal of any shelter, whether such removal is voluntary on the part of the owner thereof; or is ordered by the Zoning Officer as herein provided, the same shall be completely dismantled and removed so that no part of the same remains at its former location and the property on which it was located shall be restored to the original condition in which it was immediately prior to the time said shelter was first erected.
(2) Commercial or industrial outdoor storage and display.
(a) Location. Shall not occupy any part of the street right-of-way, area intended or designed for pedestrian use, required parking area, or part of the required front yard.
(b) Size. Shall occupy an area less than one-half the existing building coverage. A special exception may be authorized by the Zoning Hearing Board for no more than 25% of the lot area to be used for outdoor storage or display.
(3) Drive-through facilities.
(a) The proposed traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets.
(b) On-lot traffic circulation and parking areas shall be clearly marked.
(c) A drive-through use shall be designed with space for an adequate number of waiting vehicles while avoiding conflicts with traffic onto, around and off of the site. Any drive-through facilities shall be designed to minimize conflicts with pedestrian traffic.
(4) Dwelling unit as an accessory use to a nonresidential use.
(a) No more than one dwelling unit shall be permitted for any nonresidential principal use.
(b) The floor area of the dwelling unit shall not exceed the floor area of the nonresidential use (if primarily within a building) of 50% of the ground area of the nonresidential use (if primarily outdoor).
(5) Farm pond.
(a) The developer of any farm pond shall obtain all required state and federal permits.
(b) No farm pond shall be of such a size or character as to create any dangerous, noxious or objectionable condition.
(6) Farm-based business. This use may be approved on a lawful existing lot with a minimum lot area of not less than ten contiguous acres in area, or less than ten contiguous acres in area but has an anticipated yearly gross income of at least $10,000.
(a) A farm-based business shall be defined as a low-intensity commercial or industrial activity that functions as a customary accessory use to an on-site principal agricultural use. Farm-based businesses are intended to provide supplemental income to farmers to encourage the continuation of farming, and to provide needed services to other farmers. Normal agricultural operations as that term is defined in the Right-to-Farm Act are exempt from this definition.
(b) A farm-based business shall be conducted by a resident or owner of the property, his or her “relatives”, and a maximum total of four other employees working on-site at one time, in addition to employees of the agricultural use. In addition, a building that was constructed for agricultural purposes prior to the adoption of this section may be leased to a nonresident for a use meeting these standards.
(c) To the maximum extent feasible, a farm-related business should use an existing building. Buildings that existed prior to the effective date of this section may be used for a farm-related business. Any new building constructed for a farm-related business and any new parking area for trucks shall be set back equivalent to the underlying zoning district in which the farm-based business is located; however, if animals are housed within a new building, then the setback requirement shall be the greater of the underlying zoning district or the requirements set forth in the Nutrient Management Act.
(d) The farm-based business shall not routinely require the overnight parking of more than two tractor-trailer trucks, other than trucks serving the agricultural use.
(e) Any manufacturing operations shall be of a custom nature and shall be conducted indoors.
(f) The business shall not generate noxious odors, noise or glare beyond amounts that are typically generated by agricultural operations. Non-agricultural operations shall not routinely occur in a manner that generates traffic or noise heard by neighbors between the hours of 9:00 p.m. and 7:00 a.m.
(g) Any retail sales shall only be occasional in nature, and shall occur by appointment or during a maximum of 20 hours per week (except customary retail sales as part of a barber/beauty shop). This provision shall not restrict permitted sale of agricultural commodities.
(h) Only one sign shall advertise a farm-based business, which shall have a maximum sign area of ten square feet on each of two sides, and which shall not be internally illuminated, and which shall have a maximum height of six feet.
(i) 1. The following activities, and activities that the applicant proves to the Zoning Hearing Board are closely similar, shall be permitted as farm-based businesses:
a. Farm equipment or farm vehicle repair;
b. Occasional repair of one motor vehicle at a time, beyond those vehicles owned or leased by a resident of the property or his or her relative, but not including a junkyard, auto body shop or spray painting;
c. Welding and custom machining of parts;
d. Sale, processing or mixing of seeds, feed, chemical fertilizers or wood/ leaves/bark compost;
e. Barber/beauty shops;
f. Construction tradesperson’s headquarters;
g. Music, hobby, trade or art instruction for up to ten persons at a time;
h. Small engine repair;
i. Custom woodworking or wood refinishing;
j. Custom blacksmithing or sharpening services;
k. Rental storage of household items, vehicles, boats and building materials;
l. Boarding of animals, not including a kennel or a commercial stable or riding academy (which are separate uses);
m. Custom butchering, not including a commercial slaughterhouse or stockyard;
n. Processing and storage of agricultural commodities;
o. Sawmill; or
p. Commercial farm tourism and special events, such as farm tours and Halloween activities.
2. See also commercial stable or riding academy
(§ 155.068(B)(4) and (B)(5)) and retail sales of agricultural
commodities
(division (C)(13) below), which are treated as separate uses.
(j) This division (C)(6) shall not regulate agricultural uses that are permitted under other provisions of this chapter.
(k) If an activity would be permitted as either a farm-based business or a home occupation, then the applicant may choose which set of provisions shall apply.
(l) One off-street parking space shall be provided per nonresident employee, plus parking for any dwelling. In addition, the applicant shall prove to the Zoning Officer that sufficient parking will be available for customers, which is not required to be paved.
(m) All existing and new buildings shall maintain a residential or agricultural appearance, as viewed from a public street.
(n) The use shall not involve the storage or use of highly hazardous, toxic, radioactive, flammable or explosive substances, other than types typically used in agriculture or a household.
(o) Landscaping shall be placed between any outdoor storage of non-agricultural materials or products and any adjacent dwelling from which storage would be visible.
(p) The lot shall have provisions for trucks to turn around on the site without backing onto a public street. When special exception approval is required, the Zoning Hearing Board shall consider the suitability of the adjacent roads for the amount and weights of truck traffic that will be generated.
(7) Heliport.
(a) The Pennsylvania Bureau of Aviation within the Pennsylvania Department of Transportation shall find the landing area safe and acceptable for licensing a heliport.
(b) The Federal Aviation Administration shall have granted approval for the use of the air space.
(8) Home occupation, major or minor.
(a) The home occupation shall not be conducted on the premises outside of a building.
(b) The home occupation shall not exceed 25% of the floor area of the principal dwelling unit.
(c) There shall be no outside storage of materials.
(e) No more than one employee may work on the premises at the same time who are not residents of the principal dwelling unit.
(f) No servicing by truck in excess of three times per week shall be permitted.
(g) Uses permitted as a home occupation include: art studio, barber shop, beauty shop, professional office and instruction of not more than four pupils simultaneously (or in case of musical instruction, not more than three pupils simultaneously).
(h) The following uses shall not be permitted as a home occupation: animal hospital, commercial stable or riding academy, kennels, funeral parlor, retail store or restaurant.
(i) No machinery or equipment shall be permitted that produces noise, odor, vibration, light or electrical interference beyond the boundary of the property.
(k) Building appearance: there shall be no reduction in the existing outside residential appearance of the building or premises or other visible evidence of the conduct of a home occupation. Outdoor storage of material and equipment shall be prohibited.
(l) Nuisance: no machinery or equipment shall be permitted that produces noise, odor, vibration, light or electrical interference beyond the boundary of the property.
(m) Business vehicles: a maximum of two vehicles, which are used for a home occupation shall be permitted on the lot of the home occupation. No one vehicle shall exceed 10,000 pounds. Nor shall the combined vehicle (motorized or non-motorized such as a trailer or equipment) that is attached together exceed 10,000 pounds.
(n) In addition to the requirements listed in this division (C)(8), the following additional requirements shall apply to a “minor home occupation”.
1. The use shall not routinely involve routine visits to the home occupation by customers or more than one nonresident employee at a time.
2. The use shall only involve the following activities:
a. Work routinely conducted within an office;
b. Custom sewing and fabric and basket crafts;
c. Cooking and baking for off-site sales and use;
d. Creation of visual arts (such as painting or wood carving);
e. Repairs to and assembly of computers and computer peripherals; and
f. A construction tradesperson, provided that no nonresident employees routinely operate from the lot.
(9) Keeping animals or fowl. (Note: this does not pertain to animal husbandry as a principal use which is regulated by § 155.073(B)(2).)
(a) The maximum number of animals permitted per acre, or for lots less than one acre, per lot, shall be as follows.
AC, R-A, CON District | RS-R, C, I, V Districts | S-R Districts |
AC, R-A, CON District | RS-R, C, I, V Districts | S-R Districts | |
Customary household pets and domestic animals* | 5 | 5 | 5 |
Large animals**** | 1 per 3/4 acre of lot with 10 maximum with a minimum lot size of 1-1/2 acres | 1 per acre of lot with 5 maximum with a minimum lot size of 2 acres | ***** |
Rabbits/large fowl** | 25 | 14 | 14 |
Smaller fowl*** | 25 Pair | 25 Pair | 25 Pair |
* Such as dogs, cats and the like | |||
** Such as chickens, turkeys and the like | |||
*** Such as pigeons and quail | |||
**** Such as cattle, horses, goats, pigs and the like | |||
***** Under special circumstances large animals may be permitted in the S-R District as a special exception, pursuant to the provisions of § 155.074 | |||
(b) Six or more adult dogs or cats shall constitute a kennel.
(c) Commercial use: commercial breeding or use of animals shall not be permitted under this use.
(d) Animals shall be kept under control on the owner’s property.
(e) No large animals or large fowl shall be housed within 100 feet of an adjacent residential dwelling. Manure storage locations and amounts shall be consistent with the Nutrient Management Act.
(f) No small fowl shall be housed or permitted to congregate within the required front yard.
(g) No manure shall be stored within 100 feet of a private water supply and no manure shall be spread on lawns.
(10) Noncommercial swimming pool. A commercial swimming pool designed to contain a water depth of 24 inches or more shall not be located, constructed, or maintained on any lot or land area except in conformity with the following requirements.
(a) Permit. A zoning permit shall be required to locate, construct or maintain a noncommercial swimming pool; the permit must be certified by the Sewage Enforcement Officer.
(b) Location. Such pool shall be located in a rear or side yard only. No above or in-ground pool shall be located within 15 feet of a side or rear lot line or under any electrical lines, or over any lot sewage disposal field or system.
(c) Fence. Every in-ground noncommercial swimming pool shall be entirely enclosed with a childproof fence of not less than four feet in height equipped with a self-closing and self-latching gate. Above ground pools shall not require a fence, but shall require a self-closing and self-latching gate to any pool access platform.
(d) Water. If the water for such pool is supplied from a private well, there shall be no cross-connection with the public water supply system. If the water for such pool is supplied from the public water system, the inlet shall be above the overflow level of said pool.
(e) Drainage. The draining of all pools shall occur in a manner that does not cause soil erosion and does not directly drain the water into a perennial creek.
(f) Noise. No loudspeaker or amplifying device shall be permitted which will project sound that can be heard inside a dwelling on another lot.
(g) Lighting. Lighting perceptible beyond the property line shall be minimized in accordance with § 155.123.
(11) Recreational vehicle, parking of one. No recreational vehicle or unit shall be stored for a period of three consecutive months within a front yard or within ten feet of a side yard or a rear yard line.
(12) Residential accessory building, structure or use. Permitted residential accessory buildings, structures or uses includes the following.
(a) Fences and walls.
1. Fences and walls in the required side and rear yard areas shall not exceed six feet in height (except tennis court fences which shall not exceed ten feet in height), and shall be at least two feet from a lot line or easement line unless the abutting property owner agrees in writing to allow it to be closer.
2. Fences or walls placed in the required front yard shall not exceed six feet in height and shall be no closer than one feet to a property line.
(b) Building.
1. An accessory building or a swimming pool shall not be allowed in the minimum required front yard. If an accessory building intrudes into the minimum rear or side yard for a principal building, then division (C)(12)(b)2. below shall apply.
2. Accessory structures may be located within the required side and rear yard as follows:
Size of Accessory Structure | Height Requirements | Required Side and Rear Yards* |
Up to 144 square feet | Not to exceed 10 feet | Located up to within 5 feet of a side or rear property line |
Over 144 square feet | Not to exceed 20 feet | Located up to within 10 feet of a side or rear property line |
*Note: In some zoning districts the above yards may be permitted at a lesser distance if allowed by the particular zoning district. | ||
(13) Retail sale of agricultural commodities.
(a) The use shall be an accessory use incidental to the agricultural use, agricultural industry or orchard.
(b) A minimum of 25% of the products offered for sale shall have been produced by the operator of the sales, his or her relatives and/or on other farms within the township.
(c) The building or area where products are displayed or sold shall be at least 50 feet from an intersection and shall be at least 20 feet from the cartway.
(14) Seasonal roadside produce market. Roadside produce markets for the sale of dairy, farm or nursery products are permitted with the following restrictions.
(a) Size. The area where products are displayed or sold shall not exceed 800 square feet.
(b) Location. The stand shall be at least 50 feet from an intersection, and shall be at least 20 feet from the cart-way.
(c) Removal in off-season. The stand shall be portable, shall be maintained in good condition and shall be removed during seasons when products are not being offered for sale.
(15) Solar energy system. No solar energy system shall deny solar access of existing active solar collection devices on adjacent lots. Solar energy collectors attached to the roof of a building may exceed the maximum height limit by ten feet.
(16) Temporary structure or use. A temporary permit may be issued by the Zoning Officer for structures or uses necessary during construction or other special circumstances of a nonrecurring nature subject to the following additional provisions:
(a) Duration. The life of such permit shall not exceed one year and may be renewed for an aggregate period of not more than two years.
(b) Removal. Such structure or use shall be removed completely upon expiration of the permit without cost to the township. If not removed by the owner upon expiration of the permit, the township may remove such structure or use and recover the costs for the removal from the owner.
(17) Tennis court.
(a) A tennis court shall not be located in front of the principal building and shall not be located within any required yard areas.
(b) No lighting shall shine directly beyond a boundary of the lot where the tennis court is located.
(c) Noise levels shall comply with § 155.120.
(d) A tennis court shall not be located on a drainage field of a sewage disposal system.
(18) Wind turbine, maximum of one per lot as accessory use, that is primarily intended to generate electricity for on-site use.
(a) All wind turbines shall be set back from the lot line a minimum distance equal to the total height to the top of the maximum extended turbine blade, as measured from the center of the wind turbine base, unless a written waiver is provided by the owner of such adjacent lot.
(b) The audible sound from the wind turbine 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 is no longer used to generate electricity.
(d) A wind turbine 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) 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.
(g) The turbine shall include automatic devices to address high speed winds, such as mechanical brakes and overspeed controls.
(h) In a CON, R-A, RS-R, S-R, VC or VR district, the maximum total height above the ground level to the tip of the extended blade shall be 85 feet, except it may be 100 feet if the turbine will be setback more than 200 feet from any lot line. In any other district, such maximum height shall be 150 feet.
(i) All new electrical wiring leading from a wind turbine shall be located underground.
(j) A plot plan shall be submitted which shows the proposed facilities with the proposed total height, existing buildings, lot lines, minimum setbacks, areas of woods proposed to be cleared and existing and proposed underground lines in the area of proposed activity.
(Ord. 126, passed 3-18-2010; Ord. 126A, passed 2-7-2013; Ord. 170, passed - -2023)