ZONING Chapter 173 ZONING ARTICLE I General Provisions §173-1.
Title.
§173-2.
Defined Terms.
§173-3.
Community development objectives.
§173-4.
Zoning Map.
§173-5.
Compliance required.
ARTICLE II Definitions and Word Usage §173-6.
Word usage.
§173-7.
Definitions. ARTICLE III District Regulations
§173-8.
Zoning Districts.
§173-9.
District Boundaries.
§173-10.
Permitted uses.
§173-11.
Conditional uses.
§173-12.
Height regulations.
§173-13.
Lot and yard requirements.
Updated through Ord. No. 1032 -4/29/2013
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ARTICLE IV General Regulations §173-14.
Nonconforming uses and buildings.
§173-15.
Computation of lot area.
§173-16.
Unenclosed porches.
§173-17.
Projections into required yards.
§173-18.
Service roads.
§173-19.
Fences.
§173-20.
Accessory uses in residential district.
§173-21.
Applicability.
§173-22.
Special exception uses.
§173-23.
Off-street parking and loading.
§173-24.
Removal of topsoil.
§173-25.
Rear dwellings restricted.
§173-26.
Vehicular traffic control. ARTICLE V Signs
§173-27.
Purpose.
§173-28.
Definitions.
§173-29.
Sign permit application
§173-30.
Exemptions.
§173-31.
Sign height.
§173-32.
Sign placement.
§173-33.
Maintenance.
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§173-34.
Prohibited signs.
§173-35.
Signs permitted in individual zoning districts.
§173-36.
Billboards and outdoor advertising.
§173-37.
Canopy and awning signs.
§173-38.
Freestanding signs.
§173-39.
Illuminated and electronic message center signs.
§173-40.
Suspended signs.
§173-41.
Wall signs.
§173-42.
Window signs.
§173-43.
Shopping centers and multi-occupant land uses.
§173-44.
Gas stations.
§173-45.
Nonconforming signs. ARTICLE VI Conditional Uses
§173-46.
General Requirements.
§173-47.
Application.
§173-48.
Review of application.
§173-49.
Criteria for approval.
§173-50.
Performance standards. ARTICLE VII Floodplain Regulations
§173-51.
Purpose.
§173-52.
Applicability.
§173-53.
Warning and disclaimers of liability.
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§173-54.
Definitions.
§173-55.
Description of districts.
§173-56.
District boundary changes.
§173-57.
Interpretation of district boundaries.
§173-58.
Compliance required.
§173-59.
Floodway District (FW).
§173-60.
Flood-Fringe District (FF).
§173-61.
Criteria for special exceptions and variances.
§173-62.
Technical assistance for special exceptions and variances.
§173-63.
Technical assistance fees.
§173-64.
Issuance of special exceptions and variances.
§173-65.
Activities requiring a special exception.
§173-66.
Existing structures in floodplain districts. ARTICLE VIII Administration and Enforcement
§173-67.
Zoning Officer.
§173-68.
Zoning certificates.
§173-69.
Violations and penalties.
§173-70.
Enforcement remedies.
§173-71.
Amendments.
§173-72.
Zoning Hearing Board. ARTICLE IX Planned Residential Development [Deleted 4-29-2013 by Ord. No. 1032]
§173-73 through §173-95 (Reserved)
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§173-96 through 173-99 (Reserved) ARTICLE X Telecommunications Facilities §173-100.
Communications antennas and communications equipment buildings.
§173-101.
Standards of approval for communications equipment buildings and communications towers.
[HISTORY: Adopted by the Board of Commissioners of the Township of Wilkins 7-9-1973 as Ord. No. 542. Amendments where applicable.] GENERAL REFERENCES Building Construction – See Ch. 72 Fire prevention – See Ch. 88. Grading and drainage – See Ch. 94. Subdivision and land development – See Ch. 148. Swimming pools – See Ch. 152.
ARTICLE I General Provisions §173-1.
Title.
This chapter may be cited as the “Wilkins Township Zoning Ordinance.” §173-2.
Defined Terms.
Words used in a special sense in this chapter are defined in Article II. §173-3.
Community development objectives.
The community development objectives which are the basis for the provisions of this chapter are set forth in the Comprehensive Plan as adopted and amended by the governing body. §173-4.
Zoning Map.
A map entitled “Wilkins Township Zoning Map” is hereby adopted as a part of this chapter. The Zoning Map shall be kept on file for examination in the office of the Township Manager in the Municipal Building. §173-5.
Compliance required.
No structure shall be located, erected, constructed, reconstructed, moved, altered, converted or enlarged, nor shall any structure or land be used except in full compliance 5
with all the provisions of this chapter and after the lawful issuance of all permits and certificates required by this chapter. ARTICLE II Definitions and Word Usage §173-6.
Word usage.
For the purpose of this chapter, certain terms are herein defined. Words used in the present tense include the future tense; the singular number includes the plural and vice versa; the words “used for” include the meaning “designed for.” §173-7.
Definitions.1
As used in this chapter, the following terms shall have the meanings indicated: ACCESSORY BUILDING OR USE – A building or use which: A. B. C.
Is subordinate to and serves a principal building or use. Is subordinate in area, extent, or purpose to the principal building or use. Is located on the same zoning lot as the principal building or use served.
AREAS OF PUBLIC ASSEMBLY – An indoor area, whether privately or publicly owned, to which the public have access by right or by invitation, expressed or implied, whether by payment of money or not; including but not limited to: private members clubs, conference halls, activity centers, public halls, courthouses, municipal buildings, fire halls, libraries and school auditoriums; other than religious convocations. [Added 2-25-2013 by Ord. No. 1031] BUILDING – Any structure having a roof. A. B.
MAIN – The building housing the principal use of the land. UNIT GROUP – Two or more buildings, other than dwellings, grouped upon a single tract, such as universities, hospitals, institutions or industrial plants.
BUILDING HEIGHT – The vertical distance measured from the average elevation of the grade of the perimeter of the proposed structure to the highest point of the roof for flat roofs, to the deck line of mansard roofs and to the mean height between eaves and ridges for gable, hip and gambrel roofs. BUILDING LINE – A line extending the entire width of the lot. The “building line” shall be located along the plane created by the wall of the building facing the front yard. 1
Editor’s Note: See also §173-22G, 173-28 and 173-77
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BUSINESS, MEDICAL OFFICES – One or more administrative offices of individual doctors, dentists, chiropractors or other medical practitioners and their supporting staffs where human patients receive diagnosis, treatment and counseling and who are not kept overnight, not including methadone clinics. [Added 4-14-2008 by Ord. No. 986] BUSINESS, PROFESSIONAL OFFICES – Any office of recognized professions, other than medical, such as lawyers, architects, engineers, real estate brokers, insurance agents and others who, through training, are qualified to perform services of a professional nature and other offices used primarily for accounting, corresponding, research, editing or other administrative functions, but not including banks or other financial institutions. [Added 4-14-2008 by Ord. No. 986] COMBUSTIBLE LIQUID – A liquid having a closed cup flash point at or above 100 degree Fahrenheit (38 degrees Celsius). Combustible liquids shall be subdivided as follows. This category of liquids does not include compressed gases or cryogenic fluids. [Added 1-9-2012 by Ord. No. 1023] A. CLASS II – Liquids having a closed cup flash point at or above 100 degrees Fahrenheit (38 degrees Celsius) and below 140 degrees Fahrenheit (60 degrees Celsius). B. CLASS IIIA – Liquids having a closed cup flash point at or above 140 degrees Fahrenheit (60 degrees Celsius) and below 200 degrees Fahrenheit (93 degrees Celsius). C. CLASS IIIB – Liquids having closed cup flash points at or above 200 degrees (93 degrees Celsius). COMMUNICATIONS ANTENNA – Any device used for the transmission or reception of radio, television, wireless telephone, pager, commercial mobile radio service or any other wireless communications signals, including, without limitation, omnidirectional or whip antenna and directional or panel antenna, owned or operated by any person or entity licensed by the Federal Communications Commission (“FCC”) to operate such device. This definition includes freestanding antennas, antennas mounted on Communications Towers (“tower-mounted communications antenna”) and antennas mounted on buildings (“building-mounted communications antenna”). This definition does not include private residence-mounted satellite dishes or television antennas or amateur radio equipment, including without limitation, ham or citizen-band radio antennas. [Added 8-13-2001 by Ord. No. 936] COMMUNICATIONS EQUIPMENT BUILDING – Any unmanned building, court or other enclosure containing equipment or control devices for the operation of a communications antenna. [Added 8-13-2001 by Ord. No. 936]
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COMMUNICATIONS TOWER – A structure other than a building, such as a monopole, self-supporting or guyed tower, designed and used to hold and facilitate the operation of a communications antenna. [Added 8-13-2001 by Ord. No. 936] COMMUNICATIONS TOWER HEIGHT – The vertical distance measured from the ground level to the highest point on a communications tower, including any communications antennas mounted on the tower. [Added 8-13-2001 by Ord. No. 936] DAY CARE CENTER – A facility, licensed by the Commonwealth, located within a building that is not used as a dwelling unit, for the care, on a regular basis, during part of a twenty-four-hour day, of children under the age of 16 or handicapped or elderly persons. [Added 4-14-2008 by Ord. No. 986] DOUBLE HOUSE – A dwelling designed for or occupied exclusively by two families, with separate entrances for each, but under one roof and with a wall or party wall between, but no interior connection between the two. DWELLING – Any building which is designed for or occupied in whole or in part as the home, residence or sleeping place of one or more persons either permanently in Zoning Districts R-1 through R-4 or transiently or permanently in Zoning Districts C-1, RC-1 and M. Notwithstanding the above, the definition of a dwelling shall not preclude the principal occupant/owner or the principal tenant/occupant of a home in Zoning Districts R-1 through R-4 from having any friend or relatives as invited guests. [Amended 7-13-2009 by Ord. No. 997] FAMILY – [Amended 12-27-1999 by Ord. No. 927] (1)
(2)
One or more persons occupying a dwelling unit and living as a single, nonprofit housekeeping unit, provided that a group of four or more persons who are not within the second degree of kinship shall not be deemed to constitute a “family.” Notwithstanding the definition in the preceding subsection, a “family” shall be deemed to include four or more persons not within the second degree of kinship occupying a dwelling unit and living as a single, nonprofit housekeeping unit, if said occupants are handicapped persons as defined in Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988. Such unrelated individuals shall have the right to occupy a dwelling unit in the same manner and to the same extent as any family unit, as defined in Subsection (1) of this definition.
FAMILY DAY-CARE HOME – A facility, licensed or approved by the Commonwealth as required by the laws of the Commonwealth, located within a dwelling in which the operator resides, for the care on a regular basis, during part
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of a twenty-four hour day, of not more than six children under 16 years of age, including care provided to children who are relatives of the provider, where such use shall be secondary to the use of the dwelling for living purposes and shall meet all applicable requirements for home occupation. [Added 4-14-2008 by Ord. No. 986] FLAMMABLE LIQUID – A liquid having a closed cup flash point below 100 degrees Fahrenheit (38 degrees Celsius). Flammable liquids are further categorized into a group known as Class I Liquids. The Class I category is subdivided as follows. This category of liquids does not include compressed gases or cryogenic fluids. [Added 1-9-2012 as Ord. No. 1023] A. CLASS IA – Liquids having a flash point below 73 degrees Fahrenheit (23 degrees Celsius) and having a boiling point below 100 degrees Fahrenheit (38 degrees Celsius). B. CLASS IB – Liquids having a flash point below 73 degrees Fahrenheit (23 degrees Celsius) and having a boiling point at or above 100 degrees Fahrenheit (38 degrees Celsius). C. CLASS IC – Liquids having a flash point at or above 73 degrees Fahrenheit (23 degrees Celsius) and below 100 degrees Fahrenheit (38 degrees Celsius). GAS – Any fluid, either combustible or noncombustible, which is produced in a natural state from the earth and which maintains a gaseous or rarefied state at standard temperature of 60◦ F. and pressure of 14.7 PSIA, any manufactured gas, any byproduct gas or any mixture of gasses. [Added 10-26-2009 by Ord. No. 1000] GROUP CARE FACILITY – An establishment that provides room and board to persons who are residents by virtue of receiving supervised specialized services limited to health, social and/or rehabilitative services provided by a governmental agency, their licensed or certified agents or a nonprofit social service corporation chartered in the Commonwealth of Pennsylvania or authorized to operate in the Commonwealth of Pennsylvania. [Added 12-9-1985 by Ord. No. 738] HOME OCCUPATION – An accessory use of a service character conducted entirely within a dwelling by the residents thereof, which use is clearly secondary to the use of the dwelling for living purposes and does not in any way change the character of the dwelling. [Added 4-14-2008 by Ord. No. 986] LIGHT MANUFACTURING – The processing and fabrication of certain materials and products where no process involved will produce noise, vibration, air pollution, fire hazard or noxious emission which will disturb or endanger neighboring properties. “Light manufacturing” includes the production of the following goods: home appliances, electrical instruments, office timepieces, jewelry, optical goods, musical instruments, novelties, wood products, printed material, lithographic plates, type composition, machine tools, dies and gauges,
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castings, film processing, light sheet metal products, plastic goods, pharmaceutical goods and food products, but not animal slaughtering, curing nor rendering of fats. LOT, BUILDABLE AREA OF A – That portion bounded by the required front, side and rear yards. LOT – A parcel of land fronting on a street or highway, which is or may be occupied by a main building, or a unit group of buildings, and accessory buildings, with the open spaces required by this chapter. LOT AREA – The total area within the lot lines of a lot, provided that the area shall be measured to the street right-of-way line only and shall not include any part of an alley or areaway used in common with the owner or occupier of other lots. LOT LINE, FRONT – That boundary of a lot which is along the right-of-way line of an existing or dedicated public street or, where no public street exists, is along a public way. LOT LINE, REAR – That boundary of a lot which is most distant from and most parallel to the front lot line. [Added by 11-22-2010 by Ord. No. 1011] LOT LINE, SIDE – Those boundaries of the lot that extend from the front lot line to the rear of the lot. LOT WIDTH – The horizontal distance between the side lot lines measured along the building line. METHADONE CLINIC – A facility licensed by the Pennsylvania Department of Health to use the drug methadone in the treatment, maintenance and detoxification of persons. [Added 4-14-2008 by Ord. No. 986] MULTIPLE-FAMILY DWELLING – A building or portion thereof, containing three or more dwelling units. NO-IMPACT HOME-BASED BUSINESS – A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential uses. The business or commercial activity must satisfy the following requirements: [Added 2-10-2003 by Ord. No. 953; amended 2-14-2011 by Ord. No. 1012] A. The business activity shall be compatible with the residential use of the property and surrounding residential uses;
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B. The business shall employ no employees other than family members residing in the dwelling; C. There shall be no display or sale of retail goods and no stockpiling of inventory of a substantial nature; D. There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights; E. There business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors, or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood; F. The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood; G. The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area; H. The business may not involve any illegal activity. NONCONFORMING LOT – A lot, the area or dimension of which was lawful prior to the adoption or amendment of the zoning ordinance, but which fails to conform to the requirements of the zoning districts in which it is located by reasons of such adoption or amendment. [Added 3-14-2011 by Ord. No. 1014] NONCONFORMING STRUCTURE – a structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions in a zoning ordinance or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reasons of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs. [Added 3-14-2011 by Ord. No. 1014] NONCONFORMING USE – A use, whether of land or of a structure, which does not comply with the applicable use provisions of this chapter or an amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such chapter or amendment or prior to the application of such chapter or amendment to its location by reason of annexation.2 [Amended 12-281998 by Ord. No. 917]
2
Editor’s Note: The definition of “planned residential development,” which immediately followed this definition, was deleted 12-28-1998 by Ord. 917.
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OIL or PETROLEUM – Hydrocarbons in liquid form at standard temperature of 60◦ F. and pressure of 14.7 PSIA [Added 10-26-2009 by Ord. No. 1000] OUTDOOR COMMERCIAL ENTERTAINMENT – An identified outdoor area where entertainment is provided by a commercial entity, such as ice skating rinks and swim clubs or pools. [Added 2-25-2013 by Ord. No. 1031] PERMANENT OCCUPANCY – Any occupancy which is not transient occupancy. [Added 7-13-2009 by Ord. No. 997] PLACES OF ENTERTAINMENT – An indoor area, whether privately or publicly owned, to which the public have access by right or by invitation, expressed or implied, whether by payment of money or not; including but not limited to: theaters, concert halls, ballrooms, dance halls, discotheques, nightclubs, indoor leisure centers, adventure/activity centers, sports clubs, cinemas, amusement parks, casinos and zoos, indoor miniature golf; indoor rollerskating rinks and other related uses. [Added 2-25-2013 by Ord. No. 1031] PUBLIC UTILITY TRANSMISSION TOWER – A structure, owned or operated by a public utility regulated by the Pennsylvania Public Utility Commission, designed and used to support overhead electricity, telephone or other transmission lines. [Added 8-13-2001 by Ord. No. 936] RECREATIONAL AREA – The use of land, not commercially, by persons, nonprofit corporations or associations for outdoor swimming pools, tennis courts, ball fields, basketball courts, shuffleboard courts, slides, swings, horseshoe courts and none other.3 SCHOOL BUILDING CONVERSION – a school building or former school building which is no longer used for educational purposes. [Added 2-14-2011 by Ord. No. 1012] SIDE YARD – A yard extending along a side lot line between the front yard and rear yard for the minimum depth specified in this Chapter. [Added 11-22-2010 by Ord. No. 1011] SINGLE FAMILY DWELLING – A separate building designed for or occupied by one family. [Amended 5-14-1979 by Ord. No. 644] SPECIALTY RETAIL – An establishment devoted exclusively to the sale of distinctive, high quality merchandise, including one or more of the following: art and photography galleries or studios; antiques; books; boutique items; candles; candies; cards and stationary; cut and dried flowers; gifts; handicraft; handmade and gourmet food and baked goods; interior decorator items; leather goods; men’s 3
Editor’s Note: The definitions of “sign,” “sign, advertising,” and “sign, business,” which immediately followed this section were deleted 3-8-1993 by Ord. No. 834.
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ladies’ and children’s apparel; pipes and tobacco; and shops of a similar nature. [Added 4-14-2008 by Ord. No. 986] STREET – A public right-of-way which affords a primary means of access to abutting property. STRUCTURE – Any man-made object having an ascertainable stationary location on or in land or water, whether or not it is affixed to the land. This includes, but is not limited to, communications equipment buildings and communications towers. [Amended 8-13-2001 by Ord. No. 936] SWIMMING CLUB – The use of land by persons, nonprofit corporations or associations primarily for sports or swimming activities. TRANSIENT OCCUPANCY – Any person or persons who occupies a dwelling unit as a sleeping unit, which is not his or her residence or domicile, for not more than 30 days. [Added 7-13-2009 by Ord. No. 997] TWO-FAMILY DWELLING (DUPLEX) – A separate building designed for or occupied exclusively by two families, one above the other.4 WELL – A bore hole drilled or being drilled for the purpose of or to be used for producing, extracting or injecting any gas, petroleum or other liquid related to oil or gas production or storage, including brine disposal, but excluding bore holes drilled to produce potable water to be used as such. The term “well” does not include a bore hole drilled or being drilled for the purpose of or to be used for systems of monitoring, producing or extracting gas from solid waste disposal facilities, as long as the wells are subject to the Act of July 7, 1980 (P.L. 308, No. 97),5 known as the “Solid Waste Management Act,” and do not penetrate a workable coal seam. The term also does not include a bore hole drilled or being drilled for the purpose of or to be used for degasifying coal seams if the following conditions are satisfied: [Added 10-26-2009 by Ord. No. 1000] A. The bore hole is used to vent methane to the outside atmosphere from an operating coal mine; and B. The bore hole is regulated as part of the mining permit pursuant to the Act of June 22, 1937 (P.O. 1987, No. 394),6 known as the “Clean Streams Law,” and the act of May 31, 1945 (P.L.1198, No. 418),7 known as the “Surface Mining Conservation and Reclamation Act;” and C. The bore hole is drilled by the operator of the operating coal mine for the purpose of increased safety; or 4
Editor’s Note: The former definition of “unused school building,” which immediately followed, was repealed 4-14-2008 by Ord. No. 986. 5 Editor’s Note: See 35 P.S. §6018.101 et seq. 6 Editor’s Note: See 35 P.S. §691.1 et seq. 7 Editor’s Note: See 52 P.S. §1396.2 et seq.
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D. The bore hole is used to vent methane to the outside atmosphere pursuant to a state- or federal-funded abandoned mine reclamation project. WELL OPERATOR or OPERATOR – The person designated as the well operator or operator on the permit application or well registration. Where a permit or registration was not issued, the term shall mean any person who locates, drills, operates, alters or plugs any well or reconditions any well with the purpose of production there from. In cases where a well is used in connection with the underground storage of gas, the term also means a storage operator. [Added 1026-2009 by Ord. No. 1000] YARD – An open space adjacent to a lot line, open and unobstructed from the ground to the sky, except as otherwise provided herein. A.
B.
C.
FRONT YARD – A yard extending from side lot line to side lot line and extending back in depth the required minimum distance from the front lot line to a line parallel to the front lot line. REAR – A yard extending across the full width of the lot and extending forward in depth the required minimum distance from the rear lot line to a line parallel thereto on the lot. SIDE – A yard between the building and the adjacent side line of the lot extending from the front yard to the rear yard.
ZONING OFFICER – The person or persons appointed by the Board of Commissioners to enforce this chapter. [Added 12-28-1998 by Ord. No. 917] ARTICLE III District Regulations §173-8. Zoning Districts. [Amended 12-28-1998 by Ord. No. 917; 4-14-2008 by Ord. No. 986; 10-26-2009 by Ord. No. 1000; 5-10-2010 by Ord. No. 1006] The municipality is divided into the following districts as shown by the district boundaries on the Zoning Map:8 R-1 R-2 R-3 R-4 R-C-1 C M F-1 LARTND 8
Residential District Residential District Residential District Residential District Residential-Commercial District Commercial District Manufacturing District Floodplain District Larimer Avenue Traditional Neighborhood Development District.
Editor’s Note: The Zoning Map is on file in the office of the Township Manager.
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§173-9.
District Boundaries.
District boundaries shown on the lines of roads, streams and transportation rights-ofway shall be deemed to follow the center lines. The vacation of roads shall not affect the location of such district boundaries. When the Zoning Officer cannot definitely determine the location of a district boundary by such center lines, by the scale of dimensions stated on the Zoning Map or by the fact that it clearly coincides with a property line, he shall refuse action, and the Zoning Hearing Board, upon appeal, shall interpret the location of the district boundary with reference to the scale of the Zoning Map and the purposes set forth in all relevant provisions of this chapter. §173-10.
Permitted uses. [Amended 9-11-1978 by Ord. No. 638; 5-14-1979 by Ord. No. 644; 12-9-1985 by Ord. No. 738; 9-11-1989 by Ord. No. 787, 12-28-1998 by Ord. No. 917 and 4-14-2008 by Ord. No. 986; 2-14-2011 by Ord. No. 1012]
The permitted uses for each district are as follows. Uses not specifically listed shall not be permitted. A. R-1 Residential District. Permitted uses shall be as follows: (1) (2) (3) (4)
Single-family dwellings. Parks. Accessory uses. No-Impact Home-Based Business as defined in 173-7.[Added 2-14-2011 by Ord. No. 1012]9
B. R-2 Residential District. Permitted uses shall be as follows: (1) (2) (3) (4)
Single-family dwellings. Parks. Accessory uses. No-Impact Home-Based Business as defined in 173-7 [Added 2-14-2011 by Ord. No. 1012]10
C. R-3 Residential District. Permitted uses shall be as follows: (1) Single-family dwellings. (2) Multiple-family dwellings. (3) Parks. (4) Accessory uses. (5) No-Impact Home-Based Business as defined in 173-7 [Added 2-14-2011 by Ord. No. 1012]11 9
Editor’s Note: Unused School Buildings was redacted on 2-14-2011 by Ord. No. 1012 Editor’s Note: Unused School Buildings was redacted 2-14-2011 by Ord. No. 1012 11 Editor’s Note: Unused School Buildings was redacted 2-14-2011 by Ord. No. 1012 10
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D. R-4 Residential District. Permitted uses shall be as follows: (1) Single-family dwellings. (2) Double houses. (3) Duplex. (4) Multiple-family dwelling. (5) Parks. (6) Accessory uses. (7) No-Impact Home-Based Business as defined in 173-7 [Added 2-14-2011 by Ord. No. 1012]12 E. C Commercial District. Permitted uses shall be as follows: (1) Banks. (2) Bowling alleys. (3) Funeral homes. (4) Hotels and motels. (5) Public buildings. (6) Offices. (7) Restaurants. (8) Service shops. (9) Theaters (indoor). (10) Enclosed stores for the sale of good (11) Gasoline stations. [NOTE: Any use or structure involving, as principal part of the conduct of the business, the use or servicing of motor vehicles such as an automobile or gasoline service station, automobile sales area, major garage or drive-in business (a business where a patron can receive goods or services without entering the principal structure of the lot shall be so located that no vehicular entrance or exit shall be closer than two hundred fifty (250) feet to the line of any elementary or secondary or vocational school, playground, hospital, medical clinic, medical center, church, residential lot or the same use as the proposed use, whether or not said lot line is located on the same frontage as the proposed uses described elsewhere in this section .] (12) Repair Garages. [NOTE: Any use or structure involving, as a principal part of the conduct of the business, the use or servicing of motor vehicles such as an automobile or gasoline service station, automobile sales area, major garage or drive-in business (a business where a patron can receive goods or services without entering the principal structure of the lot) shall be so located that no vehicular entrance or exit shall be closer than two hundred fifty (250) feet to the line of any elementary or secondary or vocational school, playground, hospital, medical clinic, medical center, church, residential lot or the same use as the proposed use, whether or not said lot line is located on the same frontage as the proposed uses described elsewhere in this section.] (13) Auto sales and service. [NOTE: Any use or structure involving, as a principal part of the conduct of the business, the use or servicing of motor vehicles such as an automobile or gasoline service station, automobile sales 12
Editor’s Note: Unused School Buildings was redacted 2-14-2011 by Ord. No. 1012
16
area, major garage or drive-in business (a business where a patron can receive goods or services without entering the principal structure of the lot) shall be so located that no vehicular entrance or exit shall be closer than two hundred fifty (250) feet to the line of any elementary or secondary or vocational school, playground, hospital, medical clinic, medical center, church, residential lot or the same use as the proposed use, whether or not said lot line is located on the same frontage as the proposed uses described elsewhere in this section.] (14) Public garage. [NOTE: Any use or structure involving, as a principal part of the conduct of the business, the use or servicing of motor vehicles such as an automobile or gasoline service station, automobile sales area, major garage or drive-in business (a business where a patron can receive goods or services without entering the principal structure of the lot) shall be so located that no vehicular entrance or exit shall be closer than two hundred fifty (250) feet to the line of any elementary or secondary or vocational school, playground, hospital, medical clinic, medical center, church, residential lot or the same use as the proposed use, whether or not said lot line is located on the same frontage as the proposed uses described elsewhere in this section.] (15) Drive-in business. [NOTE: Any use or structure involving, as a principal part of the conduct of the business, the use or servicing of motor vehicles such as an automobile or gasoline service station, automobile sales area, major garage or drive-in business (a business where a patron can receive goods or services without entering the principal structure of the lot) shall be so located that no vehicular entrance or exit shall be closer than two hundred fifty (250) feet to the line of any elementary or secondary or vocational school, playground, hospital, medical clinic, medical center, church, residential lot or the same use as the proposed use, whether or not said lot line is located on the same frontage as the proposed uses described elsewhere in this section.] (16) Accessory uses. [NOTE: Any use or structure involving, as a principal part of the conduct of the business, the use or servicing of motor vehicles such as an automobile or gasoline service station, automobile sales area, major garage or drive-in business (a business where a patron can receive goods or services without entering the principal structure of the lot) shall be so located that no vehicular entrance or exit shall be closer than two hundred fifty (250) feet to the line of any elementary or secondary or vocational school, playground, hospital, medical clinic, medical center, church, residential lot or the same use as the proposed use, whether or not said lot line is located on the same frontage as the proposed uses described elsewhere in this section.] (17) The storage of Class I Flammable Liquids and Class II Combustible Liquids in above ground tanks outside of buildings, as more fully defined and governed by the Wilkins Township Codified Book of Ordinances, Part II, Chapter 88, as amended by Ordinance Number 1018 on September 12, 2011 and the 2009 International Fire Code. [Added 1-9-2012 by Ord. No. 1023] F. M Manufacturing District. Permitted uses shall be as follows:
17
(1) (2) (3) (4) (5) (6) (7) (8)
Building equipment or materials yard. Maintenance equipment of a public agency or utility. Offices. Research laboratories. Warehousing. Light manufacturing. Accessory uses. The storage of Class I Flammable Liquids and Class II Combustible Liquids in above ground tanks outside of buildings, as more fully defined and governed by the Wilkins Township Codified Book of Ordinances, Part II, Chapter 88, as amended by Ordinance Number 1018 on September 12, 2011 and the 2009 International Fire Code. [Added 1-9-2012 by Ord. No. 1023]
G. F-1 Floodplain District. Permitted uses shall be as follows: (1) Parking areas. (2) Parks. H. R-C-1 Residential-Commercial District. [Added 4-14-2008 by Ord. No. 986] (1) (2) (3) (4) (5)
Permitted uses shall be as follows:
All those permitted uses as identified in the R-1 Residential District. All those permitted uses as identified in the R-2 Residential District. All those permitted uses as identified in the R-3 Residential District. Business, medical/professional offices. Specialty retail.
§173-11. Conditional uses [Amended 9-11-1978 by Ord. No. 638; 12-9-1985 by Ord. No. 738; 12-28-1998 by Ord. No. 917; 12-27-1999 by Ord. No. 927; 4-14-2008 by Ord. No. 986; 10-26-2009 by Ord. No. 1000; 5-10-2010 by Ord. No. 1006; 2-14-2011 by Ord. No. 1012] The governing body may authorize conditional uses as follows if all conditions and provisions of Article VI are met: A. R-1 Residential District. Conditional uses shall be as follows: (1). (2). (3). (4). (5). (6).
Churches. Golf Clubs. Golf courses. Public Buildings. Recreation areas. School Building Conversions. [Added 2-14-2011 by Ord. No. 1012]
B. R-2 Residential District. Conditional uses shall be as follows:
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(1). (2). (3). (4). (5). (6).
Churches. Golf clubs. Golf courses. Public Buildings. Recreation areas. School Building Conversions. [Added 2-14-2011 by Ord. No. 1012]
C. R-3 Residential District. Conditional uses shall be as follows: (1). (2). (3). (4). (5). (6).
Churches. Golf clubs. Golf courses. Public buildings. Recreation areas. School Building Conversions. [Added 2-14-2011 by Ord. No. 1012]
D. R-4 Residential District. Conditional uses shall be as follows: (1). (2) (3). (4) (5). (6). (7). (8). (9).
Churches. Golf clubs. Golf courses. Public Buildings. Recreation areas. Public schools. Swim clubs. Tennis courts. School Building Conversions. [Added 2-14-2011 by Ord. No. 1012]
E. C Commercial District. Conditional uses shall be as follows: (1). (2). (3). (4).
Multifamily dwellings. Swim clubs. Private schools. Group care facilities.
F. F-1 Floodplain District. Conditional uses shall be as follows: (1). (2).
Single-family dwellings. Equipment storage.
G. M – Manufacturing District. Conditional uses shall be as follows: any use not prohibited by ordinance and not specifically permitted in any district in the Zoning Ordinance, and specifically including gas and oil well drilling. [Amended 10-26-2009 by Ord. No. 1000]
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H. R-C-1 Residential-Commercial District. [Added 4-14-2008 by Ord. No. 986] (1) All those conditional uses as set forth in the R-1 Residential District. (2) All those conditional uses as set forth in the R-2 Residential District. (3) All those conditional uses as set forth in the R-3 Residential District. (4) Day-care center. (5) Family day-care home. (6) Townhome. I. LAR-TND Larimer Avenue Traditional Neighborhood Development District. Conditional uses shall be as follows: [Added 5-10-2010 by Ord. No. 1006] (1) All those permitted uses as identified in the R-2 Residential District. (2) All those permitted uses as identified in the R-1 Residential District (3) Ambulance station. (4) Professional offices/personal and professional services. Such uses may include: (a) General Business offices; (b) Insurance offices; (c) Real estate offices; (d) Beauty and barber shops; (e) Offices for medical doctors, chiropractors and dentists; (f) Offices of accountants. (5) Contractor yards. (6) Self-Storage facilities (7) Dry cleaners and laundries. (8) Laundromats. (9) Light manufacturing and assembly. §173-12. Height regulations. [Amended 12-28-1998 by Ord. No. 917] Except as provided in §173-20, no structure shall exceed 35 feet in height above average ground level. Heights up to 45 feet may be permitted as a special exception by the Zoning Hearing Board using the following criteria: A. In determining whether to grant or refuse such special exception, the Zoning Hearing Board shall consider the fire-fighting equipment available within the Township of Wilkins at the time of the request for special exception and the ability of such equipment to be used in fighting fires in the proposed building and in the rescue of persons occupying the same. B. The “structure” is any of the following and does not constitute a hazard to an established airport: television and radio towers, church spires, belfries, monuments, tanks, water and fire towers, stage towers and scenery lofts, cooling towers, ornamental towers and spires, chimneys, elevator bulkheads, smokestacks, conveyors, and flagpoles.
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§173-13. Lot and yard requirements. [Amended 9-11-1978 by Ord. No. 638] The minimum lot area, minimum width of a lot, minimum depth of the front yard and minimum width of each side yard for each district shall be as shown in Subsection A. A.
[Amended 12-28-1998 by Ord. No. 917; 5-10-2010 by Ord. No. 1006] The Table of Lot, Area and Bulk Requirements shall be as follows:
District
R-1 R-2 R-3 R-4 C M F-1 LARTND
Table of Lot, Area and Bulk Requirements Minimum Lot Area Lot Front Rear Lot Area Per Width Yard Yard (Square Family (feet) (feet) (feet) Feet) (Square Feet) 15,000 15,000 80 40 25 10,000 10,000 65 30 20 7,500 7,500 50 30 20 7,500 2,500 50 30 20 5,000 2,000 50 50 30 20,000 ---50 50 30 20,000 10,000 50 50 30 See §173-49M
Side Yard (feet)
15 10 8 5 0 1
10
NOTES: 1
See §173-13F.
B.
Lots which abut on more than one street shall provide the required front yards along every street.
C.
Except as provided in §§173-16 and 173-17 and 173-20 of this chapter, all structures, whether attached to the principal structure or not and whether open or enclosed, including porches, carports, balconies or platforms above normal grade level, shall not project into any minimum front, side or rear yard. [Amended 12-28-1998 by Ord. No. 917 and 11-22-2010 by Ord. No. 1011]
D.
Any lot of record existing at the effective date of this chapter and then held in separate ownership different from the ownership of adjoining lots may be used for the erection of a structure conforming to the use regulations of the district in which it is located, even though its area and width are less than the minimum requirements of this chapter.
E.
Where an on-lot septic tank is to be used, the minimum lot size shall not be less than required by percolation tests and in no cases shall it be less than 15,000 square feet.
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F.
Nonresidential structures or uses shall not be located or conducted closer to any lot line of any other lot in any R District than the distance specified in the following schedule: Minimum Side or Rear Yard Abutting Any Lot in Any R District (feet) 20
Use Off-street parking spaces and access drives for nonresidential uses.
40
Churches, schools and public or semi-public structures.
70
Recreation facilities, entertainment facilities, motels, all business uses and industrial uses.
G.
Any manufacturing or commercial use abutting any R District shall be further required to place a masonry wall or hedge between six (6) and ten (10) feet tall along the full length of the boundary except that it may be omitted within 25 feet of a street line.13
H.
Anything in this Code to the contrary notwithstanding, there shall be no minimum front, rear or side yard requirement applicable to additional structures erected on lots owned or leased by volunteer fire companies and ambulance or emergency medical services companies, provided the lot is in use for fire or ambulance or emergency medical service at the time of adoption of this amendment. [Added 1-28-2002 by Ord. No. 937] ARTICLE IV General Regulations
§173-14. Nonconforming uses and buildings. A. Continuing existing uses. Except as otherwise provided, the lawful use of land or buildings existing as of the date of adoption of this chapter may be continued even though such land or building does not conform to the regulations specified by this chapter for the district in which such land or building is located. Normal maintenance of nonconforming land or buildings may occur, including any necessary repairs and alterations which do not enlarge or extend the nonconformity. [Amended 3-14-2011 by Ord. No. 1014] 13
Editor’s Note: Original Section 207, entitled “Floodplain District,” which immediately followed this section, was deleted 9-11-1978 by Ord. No. 638.
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B. Expansion. A nonconforming building may be enlarged to an extent not exceeding 50% of the ground floor area of the original building, provided that: (1) The yard and height requirements of the district are adhered to. (2) If the nonconforming use is commercial, manufacturing or industrial in nature, the building line and parking and loading requirements applicable to commercial or manufacturing and industrial districts are adhered to. C. Restoration. Any nonconforming building or use which has been destroyed by fire, explosion, flood, windstorm or other casualty shall be considered partially destroyed if the cost of restoration equals 100% or is less than 100% of the tax assessed value as recorded in the County Office of the Board of Property Assessment, Appeals and Review, and such building or use may be rebuilt, restored or repaired, provided that such restoration is started within one year and completed within two years. If the damage is greater than as aforesaid, the building or use shall be considered completely destroyed and shall not be rebuilt, restored or repaired. [Amended 12-28-1998 by Ord. No. 917] D. Conversion to a permitted use. Any nonconforming building or use which has been changed to a conforming use shall not be changed back again to a nonconforming use. E. Abandonment. A nonconforming use shall be considered to be abandoned if such nonconforming use or activity on the part of the owner or tenant shall cease for a period of one year, and any future use of said building or premises shall be in conformity with the provisions of this chapter. F. Buildings existing as of the date of the adoption of this chapter which conform as to use but which are nearer to the front, rear or side lot line than permitted under this chapter shall be deemed to create nonconforming building lines. [Amended 3-14-2011 by Ord. No. 1014] (1) Buildings which are located in any residential zoning district may be constructed or extended along a nonconforming front, rear or side line on the same lot upon which nonconforming front, rear or side lines exist. (2) Building may be constructed on an unimproved lot situated between two adjacent lots on which nonconforming building lines exist, provided that the proposed nonconforming building lines are in line with either of the existing adjacent building lines.14 G. Existing buildings may be extended along a nonconforming side line, provided that: (1) The required area front and rear yards are maintained. (2) The narrowest existing side yard is maintained. 14
Editor’s Note: Former Subsection G, regarding the extension of existing buildings along nonconforming side lines, was repealed 3-14-2011 by Ord. No. 1014.
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§173-15. Computation of lot area. Any portion of a lot once used as a yard or as lot area per family in compliance with the area requirements of the district regulations of this chapter shall not be counted again as required yard or lot area per family for another building. §173-16. Unenclosed porches. An unenclosed porch no more than one story or fifteen (15) feet in height and twelve (12) feet in depth may be erected in the front or rear yard, provided that no portion of said porch shall be closer to a side lot line than the required width of the side yard. §173-17. Projections into required yards. A buttress, chimney, cornice, pier or pilaster projecting no more than 12 inches from the wall of the building may project into a required yard. §173-18. Service roads. In the C Commercial District, service roads may be constructed within the front and rear yards of the building lot. §173-19. Fences [Amended 8-10-1975 by Ord. No. 587; 10-13-2003 by Ord. No. 957] A. Vegetation hedge or fence. (1) A vegetation hedge or fence no more than 48 inches in height may be erected in the front and side yard of any structure, except on corner lots. (2) A vegetation hedge or fence no more than 72 inches in height may be erected in the rear yard of any structure. (3) For purposes of this subsection, the line of demarcation between rear and side yards shall be the rear wall of the structure. (4) A vegetation hedge or fence not more than 120 inches in height may be erected in any yard used for public schools, public parks, public recreation or public institution areas. (5) On corner lots, no vegetation hedge or fence exceeding 36 inches in height shall be erected within 50 feet of the intersecting street lines, except split rail and chain link fences not more than 48 inches in height may be erected. B. Barbed wire may be used only as follows: (1) Barbed wire may be strung directly above an existing permitted fence at a height not less than five feet above ground level and shall not be strung more than two feet in height above an existing permitted fence. (2) No barbed wire shall be strung within any Township right-of-way. (3) All parts of barbed wire must be visible to the naked eye at all times.
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§173-20. Accessory buildings and uses in residential district. [Added 4-11-1983 by Ord. No. 702 and 11-22-2010 by Ord. No. 1011] A.
In all residential districts, accessory buildings and uses installed after the effective date of this chapter shall be installed only in side or rear yards as defined in Article II and shall not exceed a height of 10 feet when the use is a building, except garages for motor vehicles, which shall not exceed a height of 12 feet. [Amended 9-13-2004 by Ord. No. 965 and 11-22-2010 by Ord. No. 1011]
B.
In all residential districts, accessory buildings and uses installed after the effective date of this chapter shall be placed on the lot in conformance with the rear and side line footage requirements as set forth in § 173-13A, except when the accessory building or use covers a ground area of less than 120 square feet or less, in which case an accessory use or building may be installed within five feet of the side and rear lot line. [Amended 11-22-2010 by Ord. No. 1011]
§173-21. Applicability. This chapter shall not apply to land or buildings owned or leased by the Township of Wilkins or any municipal authority or public service organization created by said Township. §173-22. Special exception uses. The following uses may be authorized as special exceptions with such conditions as are deemed appropriate by the Zoning Hearing Board. A.
Living quarters in an accessory structure as an accessory use to a singlefamily house to accommodate domestic employees of the residents of the principal building.
B.
The accommodation of not more than two nontransient roomers as an accessory use to a single-family house provided that no sign is displayed.15
C.
Temporary structures and trailers used in conjunction with construction work may be permitted only during the period that the construction work is in progress. Permits for temporary structures shall be issued for a six-month period.
D.
Uses similar to those permitted in the Commercial and Manufacturing districts may be authorized in the respective districts utilizing the following criteria:
15
Editor’s Note: Original Section 302.7c, relating to directional signs as a special exception and which immediately followed this subsection, was deleted 12-28-1998 by Ord. No. 917. For current provisions relating to the topic, see Art. V, Signs.
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(1) The proposed use conforms to the district provisions and all general regulations of this chapter. (2) The proposed use shall not involve any element or cause any condition that may be dangerous, injurious or noxious to any property or persons and shall comply with the performance standards of §173-50. (3) The proposed use shall be sited, oriented and landscaped to produce a harmonious relationship of buildings and grounds to adjacent buildings and properties. (4) The proposed use shall produce a total visual impression and environment which is consistent with the environment of the neighborhood. (5) The proposed use shall organize vehicular access and parking to minimize traffic congestion in the neighborhood. (6) The proposed use shall preserve the objectives of this chapter and shall be consistent with the Comprehensive Plan. E.
Parcels of land held in single and separate ownership which are composed of contiguous lots originally subdivided prior to 1969 into lots into lots having areas or width less than those permitted in the district, where resubdivision subject to this chapter will result in undue hardship, in the case of substantial improvements, having been made to the property under and subject to any then-existing regulations, which improvements render resubdivision impractical or unusually burdensome.
F.
Fences not conforming to the standards of this chapter if they do not unreasonably interfere with light, air or view of any other property, whether or not abutting, and are not likely to endanger public safety by reason of design or construction.16
G.
Adult uses. [Added 8-18-1992 by Ord. No. 825] (1) In the M Manufacturing District, the following special uses are permitted as special exceptions; adult bookstores, adult mini-motion picture theaters, adult motion-picture-theaters, adult entertainment and adult motels and other uses similar in nature. (2) Specific conditions for special exceptions for adult bookstores, adult minimotion-picture theaters, adult motion-picture-theaters, adult entertainment, adult motels and other uses similar in nature in the M Districts: a) Adult bookstores, mini- and motion-picture theaters, entertainment and motels regulated. In the development and execution of this section, it is recognized that there are some uses which, because of
16
Editor’s Note: Original Subsection H, which dealt with flashing and rotating signs and immediately followed this subsection, as amended 5-14-1979 by Ord. No. 644, was deleted at time of adopting of Code; see Ch. 1, General Provisions, Art. I. For current provisions relating to this topic, see Art. V, Signs.
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their very nature, are recognized as having serious objectionable characteristics, particularly when several are concentrated under certain circumstances thereby having a deleterious effect upon adjacent area. Special regulations of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. These special regulations are itemized in the following subsections of this section. These regulations are for the purpose of preventing a concentration of these uses in any one (1) area and preventing the establishment of these uses in close proximity to other permitted uses in the M District. b) Definitions.17 For the purposes of this section, the following definitions shall apply: ADULT BOOKSTORE – An establishment having a substantial or significant portion of its stock-in-trade, including but not limited to videocassettes, movies, books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined below, or an establishment with a segment or section devoted to the sale or display of such material. ADULT ENTERTAINMENT – Entertainment consisting of the use of live dancing, posing, acting or other theatrical presentation involving personnel whose actions are distinguished or characterized by emphasis on the use of the human body in a manner intended to or resulting in arousal of sexual excitation or sexual titillation of a prurient interest or intended to or resulting in procuring lustful emotions. ADULT MINI-MOTION-PICTURE-THEATER – An enclosed building with a capacity for accommodating less than fifty (50) persons used for presenting material distinguishing or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined herein, for observation by patrons therein. ADULT MOTEL – A hotel presenting adult motion-pictures by means of closed circuit television or any other method of transmission, the material being presented having as a dominant theme or presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined herein, for observation by patrons therein. ADULT MOTION-PICTURE-THEATER – An enclosed building with a capacity for accommodating fifty (50) or more persons used for presenting material having as a dominant theme or presenting material 17
Editor’s Note: See also §173-7, Definitions.
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distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined herein, for observation by patrons therein. SPECIFIED ANATOMICAL AREAS: (1) Human genitals or pubic regions. (2) Buttock. (3) The female breast below a point immediately above the top of the areola. (4) Human male genitals in a discernibly turgid state, even if completely or opaquely covered. SPECIFIED SEXUAL ACTIVITIES: (1) Human genitals in a state of sexual stimulation or arousal. (2) Acts of human masturbation, sexual intercourse or sodomy. (3) Fondling or other erotic touching of the human genitals, pubic region, buttock or female breast. c) Limitations: Regulated uses include but are not limited to the following: [1] Adult bookstore. [2] Adult motion-picture theater. [3] Adult mini-motion-picture theater. [4] Adult entertainment. [5] Adult motel. d) Regulated uses shall be permitted subject to the following restrictions: [1] No such regulated uses shall be allowed within 1,000 feet of another existing adult use. [2] No such regulated use shall be located within 500 feet of the property line of any existing residentially zoned property, an existing church or other place of worship or any existing school or property used as a private or public park or playground. [3] The distance provided for in this section shall be calculated by following the shortest route of ordinary pedestrian travel along the public thoroughfare from the main entrance of a proposed regulated use to the main entrance of any existing regulated use or the property line of any existing residentially zoned property, any existing church or other place of worship or any existing school, private or public park or playground.18 H.
In the M Manufacturing District, communications tower, including towermounted communications antennas and any related communications
18
Editor’s Note: Original Section 303, Entitled “Signs,” which immediately followed this section, as amended 8-10-1975 by Ord. No. 587 and 5-14-1979 by Ord. No. 644, was deleted 3-8-1993 by Ord. No. 834.
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equipment building, subject to the provisions of §§173-100 and 173-101. [Added 8-13-2001 by Ord. No. 936] I.
Communications antennas mounted on an existing public utility transmission tower, building or other structure, subject to the provisions of §§173-100 and 173-101. [Added 8-13-2001 by Ord. No. 936]
J.
Reserved19
§ 173-23. Off-street parking and loading. [Amended 5-14-1979 by Ord. No. 644; 49-1996 by Ord. No. 884] A. Off-street parking. (1) Off-street parking spaces shall be provided in accordance with the specifications of this section in any district whenever any new use is established or an existing use is enlarged. [Amended 4-14-2008 by Ord. No. 986 and 2-25-2013 by Ord. No. 1032] Use
Parking Spaces Required
Bowling Alleys
5 for each alley, plus any additional parking requirements for an establishment containing a bar/lounge in addition to a bowling alley, as indicated under restaurants
Business Professional Offices
1 for every 300 square feet of gross floor area in banks and professional offices with on-site customer service; or the greater of 1 space per employee or 1 space per 400 square feet of gross floor area for offices without on-site customer services; or 1 space for each 100 square feet of gross floor area accessible to the public for personal service establishments, plus 1 space for each employee on the peak shift
Churches
1 for every 6 seats in the principal meeting room
19
Editor’s Note: Original Paragraph J, Entitled “No-Impact Home-Based Business” was deleted 2-14-2011 by Ord. No. 1012.
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Clubs
1 for every 50 square feet of aggregate floor area in a meeting room/auditorium for clubhouses, civic, fraternal and labor meeting halls, plus one for every employee on the largest shift
Dwellings
2 for each dwelling unit
Family Daycare Facilities
1 for each employee plus a dropoff/pickup location for every 3 individuals served
Family Daycare Homes and Group Home
2 for each home, plus 1 drop off/pickup location for every 3 individuals served
Funeral Homes
1 for every 50 square feet of gross floor area per parlor in the funeral home plus 1 for every remaining 300 square feet of gross floor area
Gas Stations
1 for every 200 square feet of floor area with not less than 8 spaces in any and all events
Hospitals and Group Homes
1 for every 3 beds plus 1 for every employee on the largest shift
Hotels / Motels
1 for every rental unit, plus 1 for every 2 employees plus 1 for every 4 seats in a main gathering area or restaurant
Medical Offices
1 for every doctor plus 1 for every employee and 2 for each chair, examination or treatment room or patient-service area
Outdoor Commercial Entertainment 1 for each 4 customers computed on a basis of maximum capacity at any one time plus 1 for every 2 employees on a peak shift
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Restaurants (all classifications)
1 for every 50 square feet of public floor space, plus 1 for every 3 outdoor seats, plus 1 for every employee working on the largest shift.
Areas of Public Assembly
1 for every 4 seats
Schools: Adult Education K-8 Education Bussed or Public Transportation Non-bussed or Private Transportation 9-12 Education Bussed or Public Transportation Non-bussed or Private Transportation Stores, Shops and Specialty Retail
1 for every 3 students, plus 1 for each member of the staff 1 for every 7 students, plus 1 for each member of the staff 1 for every 3 students, plus 1 for each member of the staff
1 for every 5 students, plus 1 for each member of the staff 1 for every 3 students, plus 1 for each member of the staff 1 for every 175 square feet of gross leasable floor space
Theaters or Places of Entertainment 1 for every 3 seats Uses not otherwise listed
1 for each 3 persons at maximum permitted occupancy, or 1 for each 300 square feet of gross floor area of the building or lot area devoted to such use, whichever is the greater.
Warehouses and Bus Garages
1 for every 2 employees
(2) No off-street parking space shall have a width of not less than nine-feet, and an area less than 171 square feet, exclusive of access drives and aisles, and shall be of usable shape and condition.
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(3) Any off-street parking lot shall be graded for proper drainage and surfaced so as to provide a durable and dustless surface. (4) Any lighting used to illuminate any off-street parking lot shall be so arranged as to reflect the light away from adjoining premises in any R District. (5) When determination of off-street parking results in a requirement of a fractional space, any fraction shall be counted as one (1) space. (6) There shall be adequate provision for ingress and egress to all parking spaces. Where a lot does not abut on a public or private alley or easement of access, there shall be provided an access drive of not less than eight (8) feet in the case of a dwelling, and not less than twenty-four (24) feet in width in all other cases, leading to the parking or storage areas and to loading or unloading spaces required hereunder. (7) Parking spaces may be located on a lot other than that containing the principal use only upon the grant of a special exception by the Zoning Hearing Board, provided that safe, convenient pedestrian access is assured and that a written agreement, approved by the township’s solicitor, shall be filed with the application for a zoning permit, containing a guaranty that such parking spaces shall be available so long as the principal use is continued. (8) For the purposes of this section, the following terms shall have the following meanings: FLOOR AREA – The sum of the gross horizontal area of the several floors of the building or improvements, as measured between the exterior faces of the walls. GROSS LEASABLE FLOOR AREA – The total floor area of the building or improvement designed for tenant occupancy, excluding halls, corridors or other areas used in common by the tenants of the building or improvement, expressed in square feet and measured from the center line of joint partitions and exteriors of outside walls. B. Off-street loading: One (1) off-street loading berth of not less than thirty-five by ten (35x10) feet shall be provided for every business and industrial use with a floor area of more than ten thousand (10,000) square feet, with one (1) additional berth required for each additional twenty-five thousand (25,000) square feet of floor area. Access and space to maneuver shall be sufficient so that no truck need back onto any public street or across any public sidewalk. C. For establishments with drive-through lanes, the lane shall accommodate four cars stacked within the lane. [Added 2-25-2013 by Ord. No. 1031] §173-24. Removal of topsoil. A. No soil, loam, sand or gravel shall be removed from any parcel of land in any district.
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B. Nothing herein shall prevent the construction of a building for which an unexpired permit has been issued or the landscaping of the lot or lots upon which a building has been erected. C. If a building is being constructed or altered, material excavated in connection with such construction may be sold. D. All lands, regardless of their slope, from which structures or natural cover has been removed or otherwise destroyed shall be appropriately graded and seeded within a reasonable time of such clearance activity. The phrase “a reasonable time” shall be interpreted to be within two (2) weeks during the growing season and shall be rigidly applied to construction activities in order to accomplish the intent of keeping erosion to an absolute minimum. E. No cutting, filling or other disturbing of land and natural vegetation is permissible within fifty (50) feet of the edge of natural drainage courses except as permitted by action of the Zoning Hearing Board. In such cases, the Board may grant permission, provided that special precautions are taken to ensure against continuing erosion or other circumstance which may be harmful to the immediate watercourse or in any way pollute the stream, provided that no permission shall be granted which is not in conformance with all township ordinances regulating cutting and filling. [Amended 12-28-1998 by Ord. No. 917] § 173-25. Rear dwellings restricted. No building in the rear of a principal structure and on the same lot not extending through a block from street to street shall be used in whole or in part as a dwelling unless there is provided for such structures an unobstructed easement of access at least twenty (20) feet wide to a street, and within the lines of such easement shall be constructed a graveled or other paved way sufficient in width and thickness to accommodate fire apparatus or other emergency equipment. Such building shall conform to all density district requirements for a principal building, and the rear line of the required rear yard for the principal building in front shall be considered the street lot line for the building in the rear. This provision does not apply to multiple-family dwellings in commercial areas. § 173-26. Vehicular traffic control. [Added 2-11-1980 by Ord. No. 650] A. All applications for building or occupancy permits for any commercial, manufacturing or industrial use of any property abutting a public street accepted and maintained as a public street by the Township of Wilkins or the Commonwealth of Pennsylvania shall contain the following information: (1) A clear description or the land use and purpose for which the property is to be used or reused. (2) The precise location of all driveways and driveway approaches serving all roads and abutting properties. (3) The number of parking spaces existing or to be created on the property.
33
(4) The identity of any abutting property, whether or not within the Township of Wilkins, from which vehicular traffic is to be connected to the public street by transversing the property for which application is made. B. Where it appears from the application that the number of daily vehicular trips to or from the property will exceed one hundred (100) or more, the applicant shall provide a detailed report of existing and forecasted vehicular traffic activity which may result from use of the property and the public street. C. The aforesaid report shall be prepared by a person qualified in the field of traffic engineering. In addition to the requirements of Subsection B hereof, the report shall contain conclusions concerning the impact of the proposed land use or reuse on the flow of traffic, shall provide vehicle trip generation rates and vehicle trip deployment patterns, shall identify street capacity and/or safety deficiencies within the environs of the proposed development and shall recommend maximum size and gross weight limits for vehicles based on the width, grade, configuration and condition of the public street. D. The Zoning Officer shall review the application, and where the information supplied is incomplete or, to the officer’s knowledge, inaccurate, the Officer shall obtain an independent study by a person qualified in traffic engineering, at the expense of the applicant. E. No permit shall be issued for any building or use where it appears from the traffic reports that the traffic generated by the use will create a danger to the health, safety or welfare of the public or of township residents by reason of exceeding the capacity of public streets, lack of proper traffic control at nearby major thoroughfares, or their intersections or interchanges or because the proposed use involves vehicles in excess of the size or weight which can safely traverse the public street by reason of street grade, width or configuration. F. No part of any property in the commercial, industrial or manufacturing districts, whether a use or occupancy permit has been heretofore or is hereafter issued, shall be used as a right-of-way to connect the land under permit to any abutting property for passage of vehicular traffic unless a permit for such use is applied for and issued by the Township of Wilkins. ARTICLE V Signs [Added 3-8-1993 by Ord. No. 834] § 173-27. Purpose. This Article is adopted for the following purposes:
34
A. To preserve and protect the public safety, comfort and welfare of users of streets and sidewalks in the municipality by regulating signs of all types. B. To enhance community appearance, to reduce visual clutter and blight and to promote the recreational value of public travel and the economic development of the municipality.
C. To limit the size, number and location of signs which may obstruct the vision of motorists, create distractions and increase traffic accidents. D. To maintain the right of residences and businesses to reasonably identify their location, products and services. E. To acknowledge the appropriate display of signs as necessary to public service and to the conduct of competitive commerce. § 173-28. Definitions.20 For the purposes of this article, the following words and terms shall have the meanings respectively ascribed to them in this section: ABANDONED OR OBSOLETE SIGN – A sign which identifies, describes, directs attention to or gives directions for locating any business or establishment no longer in operation or advertises any product or service no longer being marketed or any sign structure lacking sign face or sign copy. [Added 7-11-2005 by Ord. No. 971] ANIMATED SIGN – Any sign that uses movement or change of lighting, either natural or artificial, to depict action or create a special effect or scene. [Added 7-112005 by Ord. No. 971] ARTERIAL – A street classification which includes highways that provide intracounty or intermunicipal traffic of substantial volumes where the average trip lengths are usually five (5) miles or greater. Generally, these highways should accommodate operating speeds of thirty-five (35) to fifty-five (55) miles per hour. [Added 09-13-10 by Ord. No. 1007] ATTENTION-GETTING DEVICE – A pennant, flag, valance, banner, except when a banner is used as a temporary sign, propeller, spinner, streamer, searchlight, balloon or similar device or ornamentation which is designed or used for the purpose of promoting, advertising or attracting attention. [Amended 9-25-2000 by Ord. No. 931] BILLBOARDS or OUTDOOR ADVERTISING STRUCTURES – A type of sign, display or device, usually freestanding, having a minimum surface area of 35 square 20
Editor’s Note: See also §173-7, Definitions.
35
feet, that is affixed to the ground or to a building, the primary purpose of which is to display advertising posters. Such signs commonly referred to as “billboards” are generally designed so that the copy or poster on the sign can be changed frequently, and the advertising space is for lease. The definition applies to signs advertising both on-site and off-site products, goods and services. CANOPY or AWNING SIGN – A sign which appears on a roof-like shelter, either permanent, retractable, or removable, which is made of canvas or other material that is affixed to a building or is self-supporting and provides protection from sun, rain, snow and other elements. CHANGEABLE COPY SIGN – A sign, or portion of a sign, wherein provision is made for the manual change of letters of characters in or upon the surface area of the sign. Electronic moving message board signs are not changeable copy signs. [Amended 7-11-2005 by Ord. No. 971] CLEAR SIGHT TRIANGLE – The triangular area formed by a diagonal line connecting two points located on intersecting right-of-way lines (or a right-of-way line and a driveway), each point being that distance from the intersection and the two intersecting right-of-way lines (or a right-of-way line and a driveway) specified in the table following the graphic below. **See Graphic in Ordinance on File at Municipal Building** “A” (distance in feet) 30 130 to 150
Local street and collector street Arterial street
“B” (distance in feet) Local Street Arterial Street 30 30
130 to 150 130 to 150
COLLECTOR - A street classification which is intended to include those highways which connect local access highways to arterial highways. They may serve intracounty and intramunicipal traffic. They may serve as traffic corridors connecting residential areas with industrial, shopping and other service. They may penetrate residential areas. Generally, these highways will accommodate operating speeds of thirty five (35) miles per hour. [Added 09-13-10 by Ord. No. 1007] ELECTRONIC DISPLAY SCREEN – A sign, or portion of a sign, that displays an electronic image or video, which may or may not include text. This definition includes television screens, plasma screens, digital screens, flat screen LED screens, video boards and holographic displays. [Added 7-11-2005 by Ord. No. 971] ELECTRONIC MESSAGE CENTER – Any sign, or portion of a sign, that uses changing lights to form a sign message or messages in text form wherein the
36
sequence of messages and the rate of change is electronically programmed and can be modified by electronic processes. These signs do not incorporate any mechanical movement of the sign itself or any use of pulsating or undulating copy message. [Added 7-11-2005 by Ord. No. 971] FESTOON LIGHTING – A group of two or more light bulbs of more than 20 watts each hung or strung overhead, not on a building or structure, which are exposed to persons on a public right-of-way or which are not shaded or hooded to prevent the direct rays of light from being visible from the property line. This shall not include temporary erection of lights as part of a holiday celebration or small lights of less than 20 watts each. FLASHING SIGN – A sign, the illumination of which, is intermittently on and off so as to flash or blink or the intensity varies so as to appear to flash or blink. [Added 711-2005 by Ord. No. 971] FREESTANDING POLE SIGN or GROUND SIGN – A sign which is completely or principally supported by one or more posts or other supports which are not attached to the principal building on the property but which are anchored in or upon the ground, including pole signs (as shown on the left below) and ground signs (as shown on the right below). Signs attached to inoperative vehicles shall also be deemed “freestanding signs.” “Freestanding signs” shall not include billboards, outdoor advertising structures or canopy or awning signs. **See Graphic in Ordinance on File at Municipal Building** ILLUMINATED SIGN: A. INTERNALLY ILLUMINATED – A light source that is concealed or contained within the sign and becomes visible in darkness through a translucent surface. B. EXTERNALLY ILLUMINATED – A sign illuminated by an artificial source of light which is cast upon, or intentionally falls upon the surface or face of the sign. LOCAL ACCESS - A streets classification intended to include streets and roads that provide direct access to abutting land and connections to higher classes of roadways. Traffic volumes will be low and travel distances generally short. These streets and roads should be designed for operating speeds of twenty-five (25) miles per hour. [Added 09-13-10 by Ord. No. 1007] MULTIOCCUPANT LAND USE – Any combination of multifamily dwellings and/or nonresidential establishments in one or more buildings under single ownership or management with common parking facilities. This shall include but not be limited to a shopping center, multitenant office building, apartment complex or townhouse development.
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MULTI-PRISM SIGN – A sign made with a series of triangular sections that rotate and stop, or index, to show three images of messages in the same area at different times. [Added 7-11-2005 by Ord. No. 971] NONCONFORMING SIGN – Any sign which was lawfully erected and maintained prior to the adoption and effective date of these regulations and any amendments hereto, which fails to conform to all applicable regulations and restrictions of this article, or a sign previously deemed to be nonconforming for which a special permit has been issued. PORTABLE SIGN – A sign that is not permanently affixed to a building, a structure or the ground or which is designed to be moved from place to place. This includes but is not limited to signs attached to wood or metal frames, designed to be selfsupporting and movable; paper, cardboard or canvas signs wrapped around supporting poles; sandwich signs; and trailer-or boat-mounted signs. PROJECTING SIGN – Any sign that is attached to a wall in a perpendicular manner. PUBLIC SIGN – A sign of a noncommercial nature and in the public interest, erected by or on the order of, a public officer in the performance of any public duty, such as official signs and notices of any public or governmental agency, or erected by or on the order of a court or public officer, including official traffic signs, public notices, government flags and other signs warning of hazardous or dangerous conditions. ROOF SIGN – A sign erected on or above a roof or parapet of a building. SIGN – Any object, device, display or structure or part thereof which is used primarily to advertise, identify, display or direct or attract attention to an object, person, institution, organization, business, project, service, event or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, motion, illumination or projected images. This includes but is not limited to wall signs, freestanding ground signs, freestanding pole signs, window signs, canopy or awning signs, suspended signs, changeable copy signs, illuminated signs, temporary signs and any other type of sign defined herein and any other attention-getting device, flag or banner. SIGN, DOUBLE-FACED – Two (2) sign faces of identical size and dimensions placed back-to-back and secured or attached to a single support structure. It shall not include signs comprised of two (2) or more sign faces attached at an angle. SIGN – SURFACE AREA – The smallest rectangle or other regular geometric shape which encompasses all of the letters, symbols and accompanying designs, together with the background on which they are displayed, but not including any supporting structures (see illustration below). In computing the area of a double-faced sign, only
38
one (1) side shall be considered. If a sign is comprised of more than two (2) sides, the area of each side shall be considered in calculating the sign area. **See Graphic in Ordinance on File at Municipal Building** SPECIAL ADVERTISING AND REAL ESTATE SIGN - A temporary, nonilluminated sign made of flexible, non-reflective material, or solid metal, or wood, secured by grommets, nails, ropes, cords, stakes or other temporary means to buildings, structures or the ground, that announces a special event or sale, including real estate sales and leases, or the names of contractors, mechanics or artisans engaged in performing work on the premises. [Added 09-13-10 by Ord. No. 1007] SUSPENDED SIGN – A sign which is suspended over a pedestrian walkway from the marquee, overhang, soffit, or similar feature of a building. TEMPORARY SIGN – A sign which is erected for a limited time period, including garage sale signs, grand opening signs, celebration signs and political campaign signs. [Amended 09-13-10 by Ord. No. 1007] VEHICLE SIGN – Signs attached to any operative vehicle that relate to the purpose or use of the vehicle, such as taxi signs and delivery vehicle signs. WALL SIGN – A sign which is mounted on, attached to, carved or integrated into or applied to the exterior wall of a building or structure or to the lower slope of a mansard roof. WEDGE-SHAPED SIGN – A temporary, non-illuminated “Special Advertising and Real Estate Sign” which has two sign faces of identical size and dimension placed at an angle which is greater than forty-five degrees (45◦) and secured or attached to more than one support structure. A wedge shaped sign with identical copy on both sides shall be deemed to be one sign. A wedge shaped sign with different copy on each side shall be deemed to be two signs. [Added 09-13-10 by Ord. No. 1007] WINDOW SIGN – A sign which is painted on, affixed to or placed against any window or which is placed in a display case for view from the outdoors through a window. § 173-29. Sign permit application. A. Applications for a sign permit shall be made, in writing, to the Zoning Officer, and shall be accompanied by such information as may be required to assure compliance with these regulations and all other appropriate ordinances and regulations of the municipality. No application shall be filed or considered unless the application fee designated by resolution of the Board of Township Commissioners is paid upon presentation of the application.21 21
Editor’s Note: The current fee resolution is on file in the office of the Township Manager
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B. Applicants for new or replacement signs shall apply for approval as part of an application for land development approval or as a separate application if no other approval is necessary. C. Sign permits shall be issued for the life of the sign or any shorter period as stated on the approved permit application by the Zoning Officer. However, any permit may be revoked at any time by the Zoning Officer upon finding that the sign violates any provision of this article or that the permittee made false representations in securing the sign permit. D. No person shall erect, construct or maintain any sign upon any property, structure or building without the prior written consent of the owner or person entitled to possession of the property, structure or building or his or her authorized representative. The written consent must accompany the sign permit application. E. Except as provided in §173-30, below, it is unlawful for any person to erect, construct, enlarge, move or convert any sign in the municipality or cause the same to be done without first obtaining a sign permit for each such sign from the Zoning Officer. F. No new sign permit is required for signs which have previously been issued valid permits and which conform with the requirements of these regulations on the date of their adoption unless the sign is hereafter altered, relocated or reinstalled. G. Every sign permit issued shall become null and void if installation is not commenced within 180 days from date of such permit. § 173-30. Exemptions. The following signs shall be exempt from the permit requirements of this article, except as they may interfere with traffic safety or in any other way become a public safety hazard. A. Memorial plaques or historic markers or other similar signs which are engraved or a permanent component of a building, monument, tombstone or other similar structure. B. Signs erected by the Municipality. C. Street number signs indicating the address of a building or structure. D. Temporary signs subject to the limitations in Table 1,22 and provided that: (1) No temporary sign encroaches into any public right-of-way or obstructs the view of motorists in any required clear sight triangle. 22
Editor’s Note: See §173-35.
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(2) No temporary sign is erected more than seven days before or remains in place more than seven days after the advertised event, with the exception of real estate signs, which shall be removed seven days after sale or rent. E. Pennants for model homes. F. “No trespassing” signs, warning signs (such as “Beware of the Dog”) and notification signs for emergency personnel, provided that the sign does not exceed two square feet in sign surface area and there are no more than two such signs on the lot. G. [Amended 6-7-1999 by Ord. No. 92123][Amended 9-13-10 by Ord. No. 1007] Temporary political signs. Temporary political signs announcing political candidates seeking office, political parties and/or political and public issues contained on a ballot shall be subject to the following: (1) Private Property: a. Area. Temporary political signs shall not exceed an aggregate gross surface area of 20 square feet. b. Height. Temporary political signs shall not project higher than four (4’) feet, as measured from base of sign or grade of the nearest adjacent roadway, whichever is higher. (2) Public Property: a. No sign shall be erected on public property which: 1. Obstructs the site triangle distance at an intersection along a public right-of-way. 2. Tends by its location, color, shape, message or nature to be confused with or obstruct the view of traffic signs or traffic signals by motorists or pedestrians; no red, green or yellow illuminated signs shall be permitted within 300 feet of any traffic signal. 3. Uses admonitions such as stop, go, slow, danger, etc., which might be confused with traffic signals. 4. Exceeds an aggregate gross surface area of 20 square feet. 5. Temporary political signs shall not project higher than four feet, as measured from base of sign or grade of the nearest adjacent roadway, whichever is higher. 6. No temporary political sign shall be erected in any public park or land which is part of the Township Municipal Building site. b. Special conditions as to all temporary political signs on public property. 1. Timing. Temporary political signs may be erected or maintained for a period not to exceed 30 days prior to the date of the election to which such signs are applicable and shall be removed within seven days following such election. The candidate is responsible for all political signs of the candidate. 2. Permit. 23
Editor’s Note: This ordinance also provided that it shall not apply to billboards or outdoor advertising structures, as defined in §173-28.
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a. The erector of such signs or an authorized agent of the political party or candidate shall apply for and obtain a permit from the Township Zoning Officer and deposit with the Township at the time of his application a fee in an amount established by resolution as a guarantee that all such signs shall be removed promptly within seven days after the date of the election to which such signs relate. If such signs are not removed at the end of the seven-day period, the Township will then have them removed and keep the full sum deposited to reimburse the expense incurred by the Township. The Township Commissioners shall determine by resolution the amount of deposit which shall be returned upon satisfactory removal of such signs within the seven-day period. b. All signs erected without a permit shall be removed forthwith by the Township and, if not claimed by the owner, within 10 days of removal, disposed of. If claimed by the owner, the permit fee due shall be paid. H. Vehicle Signs. § 173.31. Sign height. The height of a sign shall be measured from the ground elevation nearest to the sign to the highest elevation of the sign. Signs shall not exceed the height limits in Table 1,24 but in no event shall any portion of any sign exceed the height limit established for structures in the applicable zoning district or the lowest point of the roofline of an existing principal building within 100 feet of the sign, whichever is lower. § 173.32. Sign placement. Signs shall be subject to the placement requirements in Table 1,25 but in no event shall any sign be placed in a position that will obstruct the view of motorists or cause any other danger to motorists or pedestrians within a public right-of-way or on adjoining lots, nor shall any sign be placed within the clear-sight triangle required to be maintained at all street intersections and driveway and accessway entrances onto public streets. § 173.33. Maintenance. All signs shall be constructed of durable materials and shall be kept in good repair at all times. All parts and supports shall be painted or maintained as necessary to prevent rusting, rotting, illegibility or other deterioration. All broken or missing parts shall be promptly replaced. All seams between panels or other components of the sign shall be 24 25
Editor’s Note: See §173-35. Editor’s Note: See §173-35.
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maintained in a sealed condition. If a sign is damaged, destroyed or becomes dilapidated to the extent of 50% or more of its replacement value (based on current costs), the municipality may remove the sign at the expense of the owner of the sign or the owner of the property on which it is located. § 173.34. Prohibited signs. [Amended 1-27-1997 by Ord. No. 895] Except as specifically provided otherwise in this section, the following signs shall be strictly prohibited in all zoning districts: A. Streamers, posters, ribbons, light strings, light bands, spinners, attention-getting devises that move, except for temporary signs that are subject to the regulations set forth in §173-30D. B. Signs which exhibit changing natural or artificial light or color effects and signs (other than neon signs) which contain bare, unshielded light or tubes which are visible from a private residence. C. Blinking, flashing, animated and electronic display screen signs, except for time, date and temperature signs. [Amended 7-11-2005 by Ord. No. 971] D. Portable signs. E. Roof signs or any sign erected upon, against or directly above a roof or on top of or above the parapet of a building, whichever forms the top line of the building silhouette. F. Signs attached to trees, fences, public utility poles, standpipes, gutter drains or fire escapes, other than warning signs issued by government officials or public utilities. G. Signs which by reason of their size, location, movement, content, coloring or manner of illumination may be confused with or construed to be a traffic control sign, signal or device or the light of an emergency or road equipment vehicle except where such sign is accessory to a parking area and gives directions or instructions to drivers and pedestrians. H. Signs that move, rotate, change position, have moving parts or create the illusion of movement, whether the movement is created by the wind or mechanically, including multi-prism signs. [Amended 7-11-2005 by Ord. No. 971] I. Signs in public rights-of-way which are not public signs. J. Abandoned or obsolete signs. [Amended 7-11-2005 by Ord. No. 971]
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(1) Abandoned or obsolete signs or sign structures, including any nonconforming signs or sign structures, shall be removed within 90 days. The non-use of a sign for a period of six months shall create a presumption of abandonment. (2) Any obsolete sign panel or sign copy which identifies, describes, directs attention to or gives directions for locating any business or establishment no longer in operation, or advertises any product or service no longer being marketed, shall be removed within 90 days after becoming obsolete. Covering obsolete sign panels or sign copy with any material is specifically prohibited. (3) The owner or lessee of the property upon which the sign is located shall be responsible for its removal and shall be subject to the general penalties clause of this Zoning Chapter for failure to comply with the provisions stated herein. K. Signs which do not meet the standards of or which otherwise violate the Pennsylvania Outdoor Advertising Control Act.26 L. Signs which the Zoning Officer determines to be unsafe or insecure or that is erected in violation of the provisions of this article. M. Signs which indicate a location in a municipality other than Wilkins Township or which could reasonably confuse the public into believing that the business is located in a municipality other than Wilkins Township. § 173.35. Signs permitted in individual zoning districts. [Amended 4-14-2008 by Ord. No. 986; 9-13-10 by Ord. No. 1007] The signs listed in Table 1 shall be permitted in individual zoning districts, subject to any requirements listed in the table and in each subsection.
Type of Sign Attention-getting device Permitted Billboard Permitted Maximum number Maximum surface area Maximum height Maximum length Minimum setback Canopy or Awning Sign Permitted Maximum letter size (inches) Changeable Copy Sign Permitted Electronic message 26
Table 1 Type of Zoning District Commercial Manufacturing
Residential Residential/Commercial 1
No
No
No ------
No See §173-36 See §173-36 See §173-36 See §173-36 See §173-36 See §173-36 See §173-36
No --
Yes 6
Yes 6
No
Yes
Gas stations only
Editor’s Note: See 36 P.S. §2718.101 et seq.
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center sign [added 7-112005 by Ord. No. 971] Permitted Festoon Lighting Permitted Freestanding sign Permitted Maximum number Maximum surface area (square feet) Maximum height (feet) Maximum length (feet) Minimum setback from property line (feet) Historic Markers
Type of Sign Illuminated signs External permitted Internal permitted Memorial plaques Official government signs Portable signs Permitted Roof sign Permitted Special Advertising and Real Estate Sign Permitted Maximum Number
No
Yes
Gas stations only
No
No
No
Yes 1 per lot or parcel 15
Yes 1 per lot or parcel 72
Yes 1 per lot or parcel 72
See 173-38 4 5
See 173-38 10 5
See 173-38 10 5
E
E
E
Residential
Type of Zoning District Commercial Manufacturing
No No E
Yes Yes E
Yes Yes E
E
E
E
No
No
No
No
No
No
Yes 2
Yes 2 per public street front
Yes 2 per public street front
Building Mounted see 173-41C
Building Mounted see 173-41C
Ground Mounted see “NOTES” Building Mounted see 173-41E
Ground Mounted see “NOTES” Building Mounted see 173-41E
Ground Mounted 8 feet Building Mounted see 173-41C
Ground Mounted 8 feet Building Mounted see 173-41C
Ground Mounted see “NOTES”
Ground Mounted see “NOTES”
None
None
No
No
No
_________
Building mounted same as building setback. Ground mounted see “NOTES”
Building mounted same as building setback. Ground mounted see “NOTES”
Placement
See 173-30D
___________
___________
Time limit
See 173-30D & G
Maximum Surface area (square feet) Maximum height Maximum length Minimum spacing between signs Illumination Setback
6
4 feet _________ _________
Contractor or Artisan’s Sign: 10 days after the issuance of a certificate of occupancy
Contractor or Artisan’s Sign: 10 days after the issuance of a certificate of occupancy
Real Estate Signs: 10 days following the sale or lease of property
Real Estate Signs: 10 days following the sale or lease of property
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Special Advertising Sign: Not more than 10 days before nor more than 10 days following the special event or sale, with a maximum of 30 days
Street number sign Suspended/projecting sign Permitted Maximum surface area (feet) Minimum clearance above ground or sidewalk (feet) Maximum height of sign surface (feet) Maximum Number Minimum spacing between signs (feet) Setback Temporary Sign Permitted Maximum number Maximum surface area (square feet) Maximum height (feet) Illumination Placement Time limit
Special Advertising Sign: Not more than 10 days before nor more than 10 days following the special event or sale, with a maximum of 30 days
E
E
E
No --
Yes 6
Yes 6
--
9
9
--
3
3
---
1 per establishment 20
1 per establishment 20
--
Building setback minus 4’
Building setback minus 4’
Yes 2 per lot 6
Yes 1 per store 16
Yes 2 per lot 16
4 No See §173-30D See §173-30D and G
4 No See §173-30D See §173-30D and G
4 No See §173-30D See §173-30D and G
E
E
E
No ------
Yes 1 per lot or establishment See §173-41C See §173-41E See §173-41 None
Yes I per lot or establishment See §173-41C See §173-41E See §173-41 None
--
Same as building setback
Same as building setback
No -§173-30.
Yes See §173-42
Yes See §173-42
Vehicle sign Wall Sign Permitted Maximum number Maximum surface area Maximum height Maximum length Minimum spacing between signs Setback Window Sign Permitted Maximum surface area
Note: E – Exempt, subject to [Amended 9-13-10 by Ord. No. 1007]
Ground mounted special advertising and real estate sign shall have a maximum allowable sign surface area as follows: Minimum Distance Of Sign From Road Right-of-Way Line (feet) 20 to 75 75 to 250
Maximum Sign Size (square feet) 32 90
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250 or more
140
§ 173.36. Billboards and outdoor advertising. In addition to the regulations in Table 1,27 all new billboards or outdoor advertising structures shall comply with the following limitations and requirements: A. Billboards or other outdoor advertising may be allowed within commercial or industrial districts only, except they shall be prohibited within the following portions of such districts: (1) Within 660 feet of the right-of-way of an interstate, primary or federal-aid highway or within 20 feet of the right-of-way of any other highway. (2) On any property occupied by or located immediately adjacent to a public or private school, playground or recreation center or community center or within 500 feet of the property line of any public or private school property. (3) No billboard or advertising structure may be placed within 1,500 feet of any other billboard or advertising structure located within the municipality or within 200 feet of any residential district zone line. If a billboard faces a residential district, the minimum distance shall be increased to 300 feet. Official government signs, owned and maintained by a governmental entity, shall not be counted nor shall measurements be made from them for purposes of determining spacing requirements. The distance between sign structures shall be measured along the pavement between points directly opposite the signs along both sides of the roadway. (4) References to residential lines and school property lines shall include properties in abutting municipalities. (5) Advertising signs may not be mounted on the roof, wall or other part of a building or any other structure. B. The following standards shall apply to billboards or outdoor advertising: (1) Size. A billboard shall have a maximum allowable sign surface area as follows: Minimum Distance of Sign from Road Right-of-Way Line (feet) 20 to 250 250 to 350 350 or more
Maximum Sign Size (square feet) 150 250 350
(2) A billboard structure may have sign faces placed back-to-back or in a V-shaped configuration on a single billboard structure. (3) The dimensions of the sign face of a billboard shall not exceed 15 feet in total height or 25 feet in total length.
27
Editor’s Note. See §173-35.
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(4) An advertising sign structure shall have a maximum height above the curb of the roadway from which it is intended to be viewed of thirty-five (35) feet. (5) The minimum front, side and rear yard requirements applying to a principal use as set forth within a zoning district in which the billboard is to be located shall apply to each billboard structure. (6) The maximum lot coverage as specified in the zoning district in which the billboards is to be located shall apply to any lot upon which a billboard structure is located and shall be cumulative, including any other structures and buildings on the same lot therewith. (7) No billboard shall be erected in such a manner as to block the view from the road or street of any existing business sign, logo sign, residential or nonresidential structure or limit or reduce the light and ventilation requirements under the Municipal Building Code.28 C. Lighting of signs shall be subject to the general standards for illuminated signs in §173-39 below. D. The Municipal Zoning Officer shall issue a license tag for each billboard containing a license number readable from the ground. The Zoning Officer shall inspect each billboard annually and, if it complies with requirements of this section and Table 1, 29 shall issue a renewal sticker to be affixed to the license tag. Renewal sticker colors shall be changed each year to simplify visual inspection. E. When approval for placement of a billboard is required by any agency of the federal, commonwealth or county government and approval is granted by the municipality for a billboard, a temporary building permit may be granted, conditioned upon approval of the other government agency. If the holder of the temporary building permit fails to submit evidence of the required approval by such agency within thirty (30) days, the temporary building permit shall be revoked by the Zoning Officer, who shall provide written notice to the applicant. F. Construction methods. Billboards shall be constructed in accordance with the applicable provisions of the Municipal Building Code. In addition: (1) An advertising sign structure shall have a maximum of one (1) vertical support being a maximum of four (4) feet in diameter or width and without bracing or vertical supports. (2) An advertising sign face shall be independently supported and have vertical supports of metal which are galvanized or otherwise treated to prevent rust and corrosion. (3) The one (1) vertical support shall be capable of enabling the entire sign face to be able to withstand a minimum eighty (80) miles per hour wind load. The applicant shall provide a certificate by a registered engineer or architect certifying to the compliance with this subsection.
28 29
Editor’s Note: See Ch. 72., Building Construction Editor’s Note: See §173-35.
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(4) The entire base of the advertising sign structure shall be permanently landscaped with suitable shrubbery and/or bushes of a minimum height of three (3) feet, placed in such a manner as to screen the foundation of the structure. (5) Landscaping shall be maintained by the sign owner in an attractive and healthy manner in accordance with accepted conservation practices. (6) Permanent landscaping shall form a base and/or backdrop to the billboard sign when practical in the opinion of the Zoning Officer. (7) All curbs and grading shall be in accordance with municipal ordinances. (8) No bare cuts are permitted on a hillside. (9) All cuts or fills are to be permanently seeded or planted. § 173-37. Canopy and awning signs. In addition to the regulations in Table 1,30 letters or characters of the sign shall appear only on the apron of the canopy or awning. § 173-38. Freestanding signs. In addition to the regulations in Table 1,31 all freestanding signs except for temporary signs shall comply with the following limitations and requirements: A. A freestanding sign shall have no more than two sign faces. B. The area immediately surrounding the base and support structure of the sign shall be landscaped with evergreen vegetation. C. Freestanding ground signs are preferred and shall be used instead of pole signs to the maximum extent practicable or feasible. D. Freestanding Sign Height: [Added 9-13-10 by Ord. No. 1007] 1. The maximum permitted height of a Freestanding sign in Residential Zoning Districts (R-1 through R-4) is five (5) feet. 2. The maximum permitted height of a Freestanding Sign in Residential-Commercial (RC1), Commercial (C-1) and Manufacturing (M-1) shall be determined based upon street classification, as follows: Maximum Street Classification Height of Freestanding Sign Arterial Collector Local
30 31
16’ 8’ 6’
Editor’s Note, See §173-35. Editor’s Note, See §173-35
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§ 173-39. Illuminated and electronic message center signs [Amended 7-11-2005 by Ord. No. 971] In addition to the regulations in Table 1,32 all internally or externally illuminated signs and electronic message center signs shall meet the following requirements: A. Limits on degree of internal illumination. Any sign located adjacent to a dwelling unit or lot zoned for residential use shall be located, shielded and screened to prevent direct light or glare onto a dwelling unit or residential lot. B. External illumination. Whenever external illumination is used for a sign, the source of light shall be located, shielded, screened and directed in such a manner that the light source is not visible. C. Hours of illumination. No sign shall be illuminated between the hours of 10:00 p.m. and 7:00 a.m., unless the establishment displaying the sign is open for business during those hours. D. Illuminated signs shall be subject to and comply with Chapter 72, Building Construction. E. An electronic message center shall have a black background/face with amber tone changeable copy. F. Character height shall not exceed eight inches in height, with no more than three lines of copy per electronic message center sign. G. Each message displayed on an electronic message center must be static or depicted for a minimum of 24 hours. Scrolling, flashing, fading, dissolving or fluttering of messages or images is strictly prohibited. H. Time, date and temperature signs are exempt from this requirement. § 173-40. Suspended signs. In addition to the regulations in Table 1,33 all suspended signs shall comply with the following limitations and requirements: A. The sign shall be located in front of the establishment it serves and shall be of a similar size, color and design as other suspended signs. B. There shall be no more than one such sign per establishment fronting on the marquee, overhang or other building feature from which the sign is suspended.
32 33
Editor’s Note, See §173-35 Editor’s Note, See §173-35
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§ 173-41. Wall signs. In addition to the regulations in Table 1,34 all wall signs shall comply with the following limitations and requirements: A. The sign shall extend no further than 12 inches from the wall to which it is attached. B. The sign shall be attached to the wall so that the face of the sign is substantially parallel to the wall. C. The maximum sign area shall be seven and five-tenths percent (7.5%) of the area of the first two (2) stories of building elevation on which it is placed, or, in the case of a multi-tenant retail commercial building or multi-owner office condominium, each tenant or owner may have a sign area not to exceed seven and five-tenths percent (7.5%) of the area of its leased exterior storefront. D. No message shall appear on that side of the sign which extends from the wall, except for the electrical permit information that may be required under the Municipal Building Code.35 E. Wall signs shall be no higher than the height of the building and if the sign projects further than three (3) inches from the wall, no lower than ten (10) feet above the ground level. § 173-42. Window Signs. In addition to the regulations in Table 1,36 all window signs shall comply with the following limitations and requirements. The total area of all window signs on display at any one time, including temporary window promotional signs, shall not exceed thirtythree percent (33%) of the total area of the window in which they are located. A series of windows which are separated by frames less than six (6) inches in width shall be considered as a single window for the purposes of this computation. §173-43. Shopping centers and multi-occupant land uses. A. No sign permit shall be issued for a shopping center or other multi-occupant land use for any individual establishment or occupant therein unless a uniform sign plan has been submitted and approved for the entire development. B. The Zoning Officer shall approve the uniform sign plan only upon finding that: (1) The sizes of signs and the materials used in the signs shall be consistent throughout the property or shall establish a hierarchy of different types of signs,
34
Editor’s Note, See §173-35
35
Editor’s Note, See Ch. 72, Building Construction 36 Editor’s Notes, See §173-35
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with the size and materials of the signs in each category being consistent for all signs in that category. (2) The design of and materials used for the structural elements of the signs shall be consistent with the design of and materials used for the building or buildings which the signs serve. (3) The signs shall conform to all other requirements of this Article. (4) The sign plan has been reviewed by a qualified municipal consultant. §173-44. Gas stations. In addition to other signs permitted under this Article, automobile service stations may erect changeable copy signs advertising the prices of different grades of gasoline or other fuels, provided that: A. Such signs are permanently mounted either to the fuel pumps or to the supports of a canopy covering the fuel pumps. B. Such signs shall not be erected higher than twelve (12) feet above the ground. C. There shall be no more than four (4) sign faces per pump island. D. The combined surface area of all such signs at each pump island shall not exceed twenty-four (24) square feet. E. Such signs shall not be internally illuminated. §173-45. Nonconforming signs. Any nonconforming sign may be continued only as provided in this section. A. Normal maintenance of a nonconforming sign may occur, including any necessary repairs and alterations which do not enlarge, extend or intensify the nonconformity. B. No structural alteration, enlargement or extension shall be made of a nonconforming sign, except when the alteration is required by law or will eliminate the nonconforming condition. C. No conforming sign shall be erected on the same premises as an existing nonconforming sign until the nonconforming sign has been removed or changed to a conforming sign. However, for multi-occupant land uses, the fact that one particular establishment therein has a nonconforming sign will not prohibit a different establishment therein from erecting a conforming sign on the same premises. D. A nonconforming sign shall be made to conform with the requirements of this Article whenever there is a change in the use or occupancy of the building which the sign
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serves or whenever the building or structure which the sign serves is externally expanded or remodeled. E. Whenever the use of a nonconforming sign or the use which the sign serves has been abandoned for a period of six (6) consecutive months, the sign thereafter shall be made to conform with the provisions of this Article. Non-use for a period of six (6) months shall create a presumption of abandonment. F. If a nonconforming sign is damaged or destroyed by any means to the extent of fifty percent (50%) or more of its replacement value at the time of the damage or destruction (based on prevailing costs), then the sign thereafter shall be made to conform to the provisions of this Article. However, if the damage or destruction is less than fifty percent (50%) of the replacement value, then the sign may thereafter be restored to its original condition. In either event, restoration or repair of the sign must begin within six (6) months after the date of damage or destruction and diligently pursued to completion, and the repaired or reconstructed sign shall be made to conform to the Municipal Building Code and Municipal Electrical Code in force at the time of the repair or reconstruction. G. Any sign that was not previously approved by the municipality and that does not conform to these regulations (illegal signs) shall be immediately removed at the expense of the owner. ARTICLE VI Conditional Uses §173-46. General requirements. [Amended 12-28-1998 by Ord. No. 917] Conditional uses as specified in Article III may be allowed or denied by the Board of Commissioners after recommendations by the Planning Commission and after public notice (as defined in the Pennsylvania Municipalities Planning Code37) and hearing, in accordance with the following criteria and provisions. §173-47. Applications. Applications for conditional uses will be filed with the Zoning Officer and shall be accompanied by: A. An application fee in an amount equal to that set by resolution of the governing body.38 B. Five (5) copies of a site plan and supporting data which shows the size, location and topography of the site, the use of adjacent land, the proposed size, bulk, use and location of buildings, the location and proposed function of all yards, open spaces, 37 38
Editor’s Note: See 53 P.S. §10101 et seq. Editor’s Note: The current fee resolution is on file in the office of the Township Manager.
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parking areas, driveways, storage areas and accessory structures, the location of all utilities, the provisions for parking, moving or loading of vehicles, and the timing of construction proposed. §173-48. Review of application. The Zoning Officer shall forward copies of the application to the governing body and to the Planning Commission for review and approval. A. The Planning Commission shall forward its recommendation to the governing body within forty-five (45) days unless the petitioner agrees, in writing, to a time extension, and failure to act within the allotted time shall be deemed to be a favorable recommendation. B. The governing body may attach such reasonable conditions as it deems necessary to the approval of any conditional use. All development, construction and use shall be in accordance with the approved plan, unless a revised plan is submitted and approved. Any development contrary to the approved plan shall constitute a violation of this chapter. §173-49. Criteria for approval. A conditional use shall be approved if and only if it is found to meet the following criteria: A. The proposed used conforms to the district and conditional use provision and all general regulations of this chapter. B. The proposed use meets all special standards which may apply to its class of conditional uses as set forth in this Article. C. The proposed use shall not involve any element or cause any condition that may be dangerous, injurious, or noxious to any other property or persons and shall comply with the performance standards of §173-50. D. The proposed use shall be sited, oriented and landscaped to produce a harmonious relationship of buildings and grounds to adjacent buildings and properties. E. The proposed use shall produce a total visual impression and environment which is consistent with the environment of the neighborhood. F. The proposed use shall organize vehicular access and parking to minimize traffic congestion in the neighborhood. G. The proposed use shall preserve the objectives of this chapter and shall be consistent with the Comprehensive Plan.
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H. Recreational area. The lot or parcel used for a recreation area shall contain no less than one hundred thirty thousand (130,000) square feet. No recreational facility shall be erected, constructed or placed nearer than fifty (50) feet from an abutting lot line nor nearer than one hundred fifty (150) feet from an existing dwelling located on an abutting or adjoining property line. I. Swimming club. Any lot or parcel of land used as a swimming club shall contain not less than one hundred seventy-five thousand (175,000) square feet. No clubhouse, swimming pool or other facility shall be erected, constructed or placed on land used for this purpose nearer than fifty (50) feet from an abutting lot line and one hundred (100) feet from an existing dwelling. J. [Added 5-14-1979 by Ord. No. 644] Multiple-family dwellings in the R-3 and R-4 Residential Districts under the following conditions: (1) The definition of “family” contained in §173-7 of this chapter shall apply to multiple-family dwellings. (2) No part of any lot used as a multiple-family dwelling shall be located closer than two hundred fifty (250) feet to any part of any other lot in the R-3 and R-4 Districts used as a multiple-family dwelling. (3) Off-street parking shall be provided as follows: a) There shall be two (2) parking spaces for each multiple-family unit, and each space shall be at least ten by twenty (10x20) feet. b) All parking areas shall be graded for proper drainage and surfaced to provide a durable and dust-free surface. c) All lighting in the parking area shall be arranged to reflect light away from other premises and to prevent glare thereon or therein. d) At least fifty percent (50%) of the required parking spaces shall be totally enclosed within the principal or an accessory structure. e) No more than one-half (1/2) of the required front and rear yard area shall be used for parking. f) No part of the required side yard area shall be used for parking. (4) Lot, yard, height and sidewalk requirements shall be as follows: a) Minimum lot area: twenty thousand (20,000) square feet. b) Minimum lot width eighty (80) feet. c) Required front yard: fifty (50) feet. d) Required side yard: fifteen (15) feet. e) Required rear yard: thirty (30) feet. f) Maximum height: thirty-five (35) feet. g) Section 173-13B of this chapter shall apply to corner lots. h) Sidewalks shall be installed according to existing township standards along the portion of the multiple-dwelling lot abutting all streets. (5) The maximum number of multiple-family units permitted on a tract of twenty thousand (20,000) square feet shall be six (6).
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(6) For each multi-family unit over six (6), the minimum lot area shall be increased by two thousand five hundred (2,500) square feet per unit. (7) The maximum number of multiple-family units permitted on any single lot or tract shall be thirteen (13). (8) The yard and height requirements (not minimum lot size) above set forth may be altered by not more than ten percent (10%) by the Zoning Hearing Board as a special exception when said Board finds that such alteration is warranted because of unusual lot configuration or topography. K. Group care facility. [Added 12-9-1985 by Ord. No. 738] (1) Applications for group care facilities shall be accompanied by all certificates, licenses, approvals or other documents required by any governmental unit or agency having jurisdiction to issue the same when it is possible to obtain those instruments prior to conditional use approval. (2) Supervision and staff shall be provided by adults qualified by training and experienced to render the services required. (3) Supervision and staff shall be provided on a twenty-four (24) hour a day basis. (4) The minimum number of supervisors and staff required during a day or any part thereof shall be determined by the governing body as a condition of approval of the use. (5) The operator of the group care facility shall provide a resume identifying supervisors and staff and their professional or occupational training and experience. This information shall be provided for each person prior to beginning work. (6) When the group care facility involves child care, the operator shall comply with Act 244 of 1984, as amended or supplemented,39 and provide the Township Chief of Police with proof of compliance. (7) The residents of a group care facility need not be related to each other; however, the number of residents shall not exceed fifteen (15) persons, plus supervisors and staff. (8) On-site parking facilities shall be provided at the ratio of one (1) stall for each facility supervisor, staff or employee and one (1) additional stall for each nonemployee resident operating a motor vehicle from the facility, plus four (4) additional spaces. (9) The application for a group care facility shall contain a plan showing the location of the facility on the ground, parking area, lot area, setback and yard provisions with a narrative statement relating to the requirements of this Article. (10) The operator of a group care facility shall file annually with the Township Secretary a report detailing the use of the facility and its compliance with the conditions of original approval and of this chapter. (11) Nothing contained herein shall be construed to exempt a group care facility from complying with the provisions of the Township Building and Fire Codes or other ordinances applicable to the construction, occupancy and operation of the facility. 39
Editor’s Note: See now 23 Pa. C.S.A.§6301 et seq.
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L. Gas and oil well drilling in the M Zoning District, under the following conditions: [Added 10-26-2009 by Ord. No. 1000] (1)
(2)
(3) (4)
(5) (6) (7)
(8)
(9)
A copy of the permit application submitted to the Pennsylvania Department of Environmental Protection (PA DEP) shall be submitted with the application for conditional use approval. A property survey shall be submitted demonstrating the following information: (g) The proposed location of the well or wells; (h) The proposed means of access to the well or wells; (i) The proposed gathering or transmission lines; (j) The distance from any existing structures on the subject property or the immediately adjacent properties; and (k) The location of local water supply wells or systems. The applicant shall provide logs or other documentation showing the estimated deepest fresh groundwater. Information shall be provided regarding the estimated depths of the proposed wells and the expected surface pressure and measures to be taken to control the expected pressure. The applicant shall indicate whether a pre-alteration or pre-drilling survey is to be conducted. A site-specific erosion and sedimentation control plan shall be submitted. As part of the emergency response plan required by Subsection L(8) below: (a)The Applicant shall provide the Township with a copy of the control and disposal plan for any expected fluids or solids encountered during the drilling and production stages, indicating the following: [1]. The size and location of a storage pit for any material emanating from the well during drilling and site restoration. [2]. The size and location of any tankage designed for the site, as well as dikes for spill containment of said tank during well production; and [3]. Methods of oil separation and removal of all solids or liquid byproducts, including oil, from the site during production, if applicable. The applicant shall submit an emergency response plan to the Township and provide training for the local fire companies, providing, at a minimum, the recommended first response by fire companies to address the following: (a)Well leakage; (b) Spill containment; (c)Vandalism creating unknown conditions; (d) Defective casing or cementing; (e)Potential contamination between the well and the public water supply; and (f) Control and disposal plan required by Subsection L(7) above. The applicant shall provide certification that a bond is held by the Pennsylvania Department of Environmental Protection to ensure proper plugging when the well
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(10)
(11) (12)
(13)
(14)
(15)
(16)
is classified as inactive by the Pennsylvania Department of Environmental Protection. The applicant shall provide a schedule indicating the following dates: (a)Site preparation to begin and end; (b) Anticipated drilling activity to begin and end; (c)Anticipated completion (perforating) work to begin and end; (d) Anticipated stimulation (fracturing) work to begin and end; (e)Anticipated production work to begin and end; and (f) Anticipated plugging dates. Adequate security measures shall be proposed, if warranted by the character of surrounding development. The access road to the well site shall be secured by a locked gate and means of access shall be provided to the Township Police and Fire Departments for emergency response. The access road to the well site shall be improved with a dust-free, all-weather surface in such a manner that no water, sediments or debris will be carried onto any public street. An off-street area for maintenance vehicles to stand while gaining entrance to the access road shall be provided that does not disrupt the normal flow of traffic on the public street. All piping for transportation from the well to the transmission lines shall be placed underground to a minimum depth of three feet, except for fixtures and appurtenances. The Township Commissioners shall require a performance bond in the amount of $10,000 to guarantee installation of the access road, fencing, gate and any other features not otherwise bonded by the Pennsylvania Department of Environmental Protection, required by the Township Zoning Ordinance or as a condition of conditional use approval.
M. LAR-TND Larimer Avenue Traditional Neighborhood Development District. The following criteria shall apply to all uses listed in §173-11I(3) through (9): [Added 510-2010 by Ordinance No. 1006] (1) There shall be no minimum lot area; however, a minimum usable lot of 7,200 square feet shall be required. Usable lot area shall be interpreted as a contiguous lot area with a slope of 3% or less. (2) Building size. A building of 3,240 square feet each usable lot (i.e., 7,200 square feet) is permitted. Usable lots in excess of 7,200 square feet shall be allowed to have a building equal to 45% of the usable lot area. (Example: A developer with a usable lot of 9,000 square feet could build a building of 4,050 square feet). (3) Parking: All parking shall comply with §173-23 of the Codified Book of Ordinances. (4) All off-street loading shall comply with §173-23 of the Codified Book of Ordinances. (5) Driveways and access: Larimer Avenue is owned and maintained by the Commonwealth of Pennsylvania. As such, the proper highway occupancy
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permits shall be obtained from the Pennsylvania Department of Transportation and proof of same will be required by the Township. (6) Landscaping plan. (a)A landscaping plan for the proposed development shall be submitted. Also, any development which abuts a residential use shall provide a tenfoot buffer strip along the side boundary line. All plants shall be selected from species that are hardy in the area and shall be sound nursery stock. Developers will have two options for buffer strip. [1] Type I Buffer: to consist of a double row of Norway spruces planted at oblique lines to one another so that a continuous screen is provided. All trees shall be a minimum of four feet in height at the time of planting. Trees which die shall be replaced within six months. [2] Type II Buffer: A Type II buffer shall consist of a single row of any species of coniferous tree, shrub or plant that will block a line of sight from the level of existing grade to at least four feet in height at time of planting and grow to at least six feet in height. (b) In addition to screening, the developer shall submit a general landscaping plan, including foundation planting around structures. Any landscaping strip along Larimer Avenue shall be composed of plantings that will not block clear views for vehicles entering or leaving the premises. (7)Building design. Although expensive buildings will not be required, the Township expect modern, clean structures (See Design Manual) or professional workmanlike structural rehabilitation; buildings of plain, painted o unpainted cement blocks will not be approved. (8) Lot design and slope protection: Any development which encroaches on the toe of a slope of 2:1 or greater shall provide a geotechnical investigation report and suitable structures(s) to ensure slope stability. The design shall be provided by a professional engineer licensed in Pennsylvania. Said design shall have the engineer’s name and professional stamp upon the same. (9) Height of structures: All structures, including signs, shall not exceed 35 feet. (10) Sidewalks: A sidewalk of at least four feet in width shall be provided along Larimer Avenue. Construction shall follow Pennsylvania Department of Transportation specifications. (11) Setbacks: All structures shall be set back at least 10 feet from any lot line and at least five feet from any required screening. Larger front yard setbacks from Larimer Avenue shall be required in accordance with the following schedule; the depth of the lot will be calculated from the front property line to the rear of the usable lot area. Depth of Lot (feet) 60 or less 60 to 70
Required Setback (feet) 10 15
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Greater than 70
20
(12) Stomwater management plan: The developer shall file and have approved a stormwater plan with the Township that follows the Township’s Stormwater Management Ordinance, Chapter 148, Article V, §148-24. (13) Signage: Signage shall be consistent with the requirements of Article V of the Township’s Zoning Ordinance (Chapter 173) as permitted in the commercial District. (14) Dumpsters: All dumpsters or roll-off boxes (except temporary ones used during construction or demolition) shall be enclosed. The enclosure shall consist of masonry construction on three sides with an opaque gate on the fourth side to allow for pickup and emptying. The exterior shall harmonize with the primary building on site. Dumpsters shall be placed behind the front wall of the primary building. (15) Processing: LAR-TND applications shall be processed in accordance with §§173-46 through 173-49 of the Zoning Ordinance. The approval or denial of plans shall be based upon their conformance with the criteria set forth by this district and the Design Manual. The process for review and approval of development proposals shall be as follows: (a) Step 1: Sketch plan meeting. Though not required,(a) Step 1: Sketch plan meeting. Though not required, developers are strongly encouraged to develop a sketch plan prior to submitting a formal development proposal. This proposal can be presented at any public meeting of the Township (Commissioners, Planning Commission) for informal review and comment. (b) Step 2: Formal Development proposal. The developer shall present a formal development proposal to the Township. The Township does not require elaborate plans and specifications, but will require a submission sufficient for review. The submission shall consist of: (1) A site plan showing proposed building layout, parking, road access, buffer strip and general landscaping; (2) An elevation or similar representation of the proposed structure(s). This need not be an architectural rendering; (3) Signage. Special Note: The design of all proposals shall be judged using the LARTND Design Manual. This manual is available at the Administrative office of the Township. (c) Step 3: Planning Commission review. A copy of the formal development proposal will be forwarded to the Planning Commission and a copy will be sent to the Township Engineer. The Planning Commission shall meet with the developer to discuss the proposal and shall report their findings and recommendations to the Board of Commissioners. (d) Step 4: Township Commissioners public hearing. The Township Commissioners shall schedule and hold a public hearing on the proposal pursuant to public notice. After the public hearing, the proposal shall be
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approved, conditionally approved or denied. Any conditional approval or denial shall clearly set forth the reasons for such action. N. School Building Conversions. [Added 2-14-2011 by Ord. No. 1012] (1) Former School Buildings located in R-1, R-2, R-3 and R-4 Zoning Districts may be used for any of the following purposes: (a) Educational purposes; (b) Recreational purposes; (c) Business offices or professional offices; (d) Financial institutions. (2) One sign for each separate occupancy not in excess of three square feet in size may be displayed on the property, provided that all signs are affixed t one common structure not exceeding 100 square feet in size nor in excess of 20 feet in height. (3) No sign shall be lighted directly or indirectly. (4) No use shall begin prior to 7:00 a.m. or end after 9:00 p.m., prevailing time. (5) No recreational use shall result in noise discernable beyond the property line of the subject property. (6) No substantial change in exterior architecture or building size shall be permitted. (7) The use shall comply with parking and general regulations in Article III, District Regulations. §173-50. Performance standards. All conditional uses shall comply with the requirements of this section. In order to determine whether a proposed use will conform to the requirements of this chapter, the governing body may obtain a qualified consultant to testify, whose cost services shall be borne by the applicant. A. Fire protection. Fire prevention and fighting equipment acceptable to the Board of Fire Underwriters shall be readily available when any activity involving the handling or storage of flammable or explosive materials is carried on. B. Electrical disturbances. No activity shall cause electrical disturbances adversely affecting radio or other equipment in the vicinity. C. Noise. Noise which is determined to be objectionable because of volume, frequency or beat shall be muffled or otherwise controlled, except fire sirens and related apparatus used solely for public purposes shall be exempt from this requirement. D. Vibrations. Vibrations detectable without instruments on neighboring property in any district shall be prohibited. E. Odors. No malodorous gas or matter shall be permitted which is discernible on any adjoining lot or property.
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F. Air pollution. No pollution of air by flyash, dust, smoke, vapors or other substance shall be permitted which is harmful to health, animals, vegetation or other property. G. Glare. Lighting devices which produce objectionable direct or reflected glare on adjoining properties or thoroughfares shall not be permitted. H. Erosion. No erosion by wind or water shall be permitted which will carry objectionable substances onto neighboring properties. I. Water pollution. Water pollution shall be subject to the standards established by the Department of Environmental Resources. ARTICLE VII Floodplain Regulations [Added 7-8-1985 by Ord. No. 638] §173-51. Purpose. The purpose of this Article is to prevent the loss of property and life, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief and the impairment of the tax base by: A. Regulating uses, activities and development which, acting alone or in combination with other existing or future uses, activities, and development, will cause unacceptable increases in flood heights, velocities and frequencies. B. Restricting or prohibiting certain uses, activities and development from locating within areas subject to flooding. C. Requiring all those uses, activities and developments that do occur in flood-prone areas to be protected and/or floodproofed against flooding and flood damage. D. Protecting individuals from buying lands and structures which are unsuited for intended purposes because of flood hazards. §173-52. Applicability. These floodplain provisions shall apply to all lands within the jurisdiction of the Township of Wilkins and shown on the Flood Boundary and Floodway Map referred to in §173-55A herein, as being located within the boundaries of any floodplain district. §173-53. Warning and disclaimers of liability. A. The degree of flood protection sought by the provisions of this Article is considered reasonable for regulatory purposes and is based on acceptable engineering methods of
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study. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes such as ice jams and bridge openings restricted by debris. This Article does not imply that areas outside the floodplain districts will be free from flooding or flood damages. B. This Article shall not create liability on the part of the Township of Wilkins or any officer or employee thereof for any damages that results from reliance on this Article or any administrative decision lawfully made thereunder. §173-54. Definitions. As used in this Article, the following terms shall have the meanings indicated: DEVELOPMENT – Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, the placement of mobile homes, streets and other paving, utilities, filling, grading, excavation, mining, dredging or drilling operations and the subdivision of land. FLOOD – A temporary inundation of normally dry land areas. FLOOD FRINGE – That portion of the floodplain outside the floodway as designated in §173-55A(2). FLOODPLAIN: A. A relatively flat or low land area adjoining a river, stream or watercourse which is subject to partial or complete inundation. B. An area subject to the unusual and rapid accumulation of runoff of surface waters from any source. FLOODWAY – That part of a floodplain required to carry and discharge floodwaters of a given magnitude as designated in §173-55A. For purposes of this Article, the “floodway” shall be capable of accommodating a flood of the one-hundred-year magnitude. MINOR REPAIRS – The replacement of existing work with equivalent materials for the purpose of its routine maintenance and upkeep, but not including any addition, change or modification in construction, exit facilities or permanent fixtures or the equivalent. MOBILE HOME – A transportable, single-family dwelling intended for a permanent occupancy, office or place of assembly, contained in one (1) or more sections, built on a permanent chassis, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly
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operations, and constructed so that it may be used with or without a permanent foundation. The term does not include recreational vehicles or travel trailers. ONE-HUNDRED-YEAR-FLOOD – A flood that on the average is likely to occur once every one hundred (100) years (i.e., that has a one-percent chance of occurring each year, although the flood may occur in any year), as determined by the Wilkins Township Flood Insurance Study described in §173-55A. §173-55. Description of districts. A. Basis of districts. The various floodplain districts shall include areas subject to inundation by waters of the one-hundred-year flood. The basis for the delineation of those districts shall be the Wilkins Township Flood Boundary and Study and the accompanying Flood Boundary and Floodway Map prepared by Michael Baker Jr., Inc., for the Federal Insurance Administration dated March 1978, which study and map shall be available for inspection in the office of the Township Manager in the Municipal Building. (1) The Floodway District (FW) is delineated for purposes of this Article using the criteria that a certain area within the floodplain must be capable of carrying the waters of the one-hundred-year flood without increasing the water surface elevation of that flood more than one (1) foot at any point. The areas included in this district are specifically defined in Table 2 of the above-reference Flood Insurance Study and shown on the accompanying Flood Boundary and Floodway Map. (2) The Flood-Fringe District (FF) shall be that area of the one-hundred-year floodplain not included in the Floodway District. The basis for the outermost boundary of this district shall be the one-hundred-year flood elevations contained in the flood profiles of the above-referenced Flood Insurance Study (FIS) and as shown on the accompanying Flood Boundary and Floodway Map. B. Overlay concept. (1) The floodplain districts described above shall be overlays to the existing underlying districts as shown on the Official Zoning Ordinance Map,40 and as such, the provisions for the floodplain districts shall serve as a supplement to the underlying district provisions. (2) Where there happens to be any conflict between the provisions or requirements of any of the floodplain districts and those of any underlying district, the more restrictive provisions and/or those pertaining to the floodplain districts shall apply. (3) In the event that any provision concerning a floodplain district is declared inapplicable as a result of any legislative or administrative actions or judicial discretion, the basic underlying district provisions shall remain applicable. 40
Editor’s Note: The Zoning Map is on file and available for inspection in the office of the Township Manager.
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§173-56. District boundary changes. The delineation of any of the floodplain districts may be revised by the township where natural or man-made changes have occurred and/or more detailed studies conducted or undertaken by the United States Army Corps of Engineers River Basin Commission or another qualified agency or individual documents the notification for such change. However, prior to any such change, approval must be obtained from the Federal Insurance Administration (FIA). §173-57. Interpretation of district boundaries. Initial interpretations of the boundaries of the floodplain districts shall be made by the Zoning Officer. Should a dispute arise concerning the boundaries of any of the districts, the Zoning Hearing Board shall make the necessary determination. The person questioning or contesting the location of the district boundary shall be given a reasonable opportunity to present his case to the board and to submit his own technical evidence if he so desires. §173-58. Compliance required. A. All uses, activities and development occurring within any floodplain district shall be undertaken only in strict compliance with the provisions of this Article and with all other applicable codes and ordinances such as the Township Building Code, Subdivision, the Grading Ordinance41 and other provisions of this chapter as previously adopted or subsequently amended. B. Under no circumstances shall any use, activity and/or development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch or any other drainage facility or system. C. Prior to any proposed alteration or relocation of any stream, watercourse, etc., within the municipality, a permit shall be obtained from the Department of Environmental Resources, Dams and Encroachment Division. Further, notification of the proposal shall be given to all affected adjacent municipalities. Copies of such notifications shall be forwarded to both the Federal Insurance Administration and the Department of Community Affairs. §173-59. Floodway District (FW). In the Floodway District, no development shall be permitted except where the effect of such development on flood heights is fully offset by accompanying improvements which have been approved by all appropriate local and/or state authorities as required above.
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Editor’s Note: See Ch. 72, Building Construction; Ch. 94, Grading, and Ch. 148, Subdivision and Land Development.
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A. Permitted uses. In the Floodway District, the following uses and activities are permitted, provided that they are in compliance with the provisions of the underlying district and are not prohibited by any other ordinance, and provided that they do not require structures, fill or storage of materials and equipment: (1) Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, and farming and wild crop harvesting. (2) Public and private recreational uses and activities such as parks, day camps, picnic grounds, golf courses, boat launching and swimming areas, hiking and horseback riding trails, wildlife and nature preserves, game farms, fish hatcheries, trap and skeet game ranges and hunting and fishing areas. (3) Accessory residential uses such as yard areas, gardens, play areas and pervious parking areas. (4) Accessory industrial and commercial uses such as yard areas, pervious parking and loading areas, airport landing strips, etc. B. Uses permitted by special exception. The following uses and activities may be permitted by special exception provided that they are in compliance with the provisions of the underlying district and are not prohibited by any other ordinance. (1) Structures except for mobile homes accessory to the uses and activities in Subsection A above. (2) Utilities and public facilities and improvements such as railroads, streets, bridges, transmission lines, pipelines, water and sewage treatment plants and other similar or related uses. (3) Water-related uses and activities such as marinas, docks, wharves, piers, etc. (4) Extraction of sand, gravel and other materials. (5) Temporary uses such as circuses, carnivals and similar activities. (6) Storage of materials and equipment, provided that they are not buoyant, flammable or explosive and are not subject to major damage by flooding, or provided that such material and equipment is firmly anchored to prevent flotation or movement and/or can be readily removed from the area within the time available after flood warning. (7) Other similar uses and activities, provided that they cause no increase in flood heights and/or velocities. All uses, activities and structural developments shall be undertaken in strict compliance with the floodproofing provisions contained in all other applicable codes and ordinances. C. Mobile homes. No mobile homes shall be placed within the Floodway District except in existing mobile home parks or mobile home subdivisions. D. Restricted uses. [Added 7-8-1985 by Ord. No. 734] (1) The provisions of this subsection shall be applicable in addition to any other applicable provisions of this Article or any other ordinance, code or regulation.
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(2) In accordance with the Pennsylvania Flood Plain Management Act,42 and the regulations adopted by the Department of Community Affairs as required by the Act, any new or substantially improved structure which: a) Will be used for the production or storage of any of the following dangerous materials or substances; b) Will be used for any activity requiring the maintenance of a supply of more than five hundred fifty (550) gallons or other comparable volume of any of the following dangerous materials or substances on the premises; or c) Will involve the production, storage or use of any amount of radioactive substances; d) Shall be subject to the provisions of this section in addition to all other applicable provisions. The following list of materials and substances are considered dangerous to human life. Acetone Ammonia Benzene Calcium carbide Carbon disulfide Celluloid Chlorine Hydrochloric acid Hydrocyanic acid Magnesium Nitric acid and oxides of nitrogen Petroleum products (gasoline, fuel oil, etcetera) Phosphorus Potassium Sodium Sulphur and sulphur products Pesticides (including insecticides, fungicides and rodenticides) Radioactive substances, insofar as such substances are not otherwise regulated E. Prohibited uses [Added 7-8-1985 by Ord. No. 734] (1) Within the Floodway District (FW), any structures of the kind described in Subsection D above shall be prohibited. Where permitted within the Flood Fringe District (FF), any structure of the kind described in Subsection D above shall be: a) Elevated or designed and constructed to remain completely dry up to at least one and one-half (1 ½ ) feet above the one-hundred-year flood; and b) Designed to prevent pollution from the structure or activity during the course of a one-hundred-year flood. (2) Any such structure or part thereof that will be built below the regulatory flood elevation shall be designed and constructed in accordance with the standards for completely dry floodproofing contained in the publication Flood Proofing 42
Editor’s Note: See 32 P.S. §679.101 et seq.
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Regulations (United States Army Corps of Engineers, June 1972) or with some other equivalent watertight standard. §173-60. Flood-Fringe District (FF). In the Flood-Fringe District, the development and/or use of land shall be permitted in accordance with the regulations of the underlying district, provided that all such uses, activities and/or development shall be undertaken in strict compliance with the floodproofing and related provisions contained in all other applicable codes and ordinances. §173-61. Criteria for special exceptions and variances. In passing upon applications for special exceptions and variances, the Zoning Hearing Board shall consider all relevant factors and procedures specified in other sections of this chapter and: A. The danger to life and property due to increased flood heights or velocities caused by encroachments. No special exception or variance shall be granted for any proposed use, development or activity that will cause any increase in flood levels during the one-hundred-year flood. B. The danger that materials may be swept on to other lands or downstream to the injury of others. C. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions. D. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners. E. The importance of the services provided by the proposed facility to the community. F. The requirements of the facility for a waterfront location. G. The availability of alternative locations not subject to flooding for the proposed use. H. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. I. The relations of the proposed use to the Comprehensive Plan and floodplain management program for the area. J. The safety of access to the property in times of flood of ordinary and emergency vehicles.
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K. The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site. L. Such other factors which are relevant to the purposes of this Article. §173-62. Technical assistance for special exceptions and variances. The Zoning Hearing Board may refer any application and accompanying documentation pertaining to any request for a special exception or variance to any engineer or other qualified person or agency for technical assistance in evaluating the proposed project in relation to flood heights and velocities and the adequacy of the plans for protection and other related matters. §173-63. Technical assistance fee. [Amended 12-28-1998 by Ord. No. 917] When technical assistance is deemed necessary by the Zoning Hearing Board, the applicant shall deposit with the Township a fee as set by the fees resolution of the Board of Commissioners43 to pay for the cost of such assistance. If the cost exceeds said sum, an additional deposit shall be made. Any excess sum shall be returned to the applicant. §173-64. Issuance of special exceptions and variances. Special exceptions and/or variances shall only be issued after the Zoning Hearing Board has determined that the granting of such will not result in unacceptable or prohibited increases in flood heights, additional threats to public safety or extraordinary public expense, create nuisances, cause fraud or victimization of the public or conflict with local laws or ordinances. §173-65. Activities requiring a special exception. [Added 7-8-1985 by Ord. No. 734] The provisions of this section shall be applicable in addition to any other applicable provisions of this Article, or any other ordinance, Code or regulation. A. Identification of activities requiring a special exception. In accordance with the Pennsylvania Flood Plain Management Act (Act 1978-166)44 and regulations adopted by the Department of Community Affairs as required by the Act, the following obstructions and activities are permitted only as a special exception if located partially or entirely within any floodplain district: (1) The commencement of any of the following activities or the construction, enlargement or expansion of any structure used or intended to be used for any of the following activities: a. Hospitals. b. Nursing homes. c. Jails or prisons. 43 44
Editor’s Note: The most recent fees resolution is on file in the office of the Township Secretary Editor’s Note: See 32 P.S. §679.101 et seq.
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(2) The commencement of or any construction of a new mobile home park or mobile home subdivision or substantial improvement to an existing mobile home park or mobile home subdivision. B. Application requirements. Applicants for special exceptions shall provide five (5) copies of the following items: (1) A written request, including a completed building permit application form. (2) A small-scale map showing the vicinity in which the proposed site is located. (3) A plan of the entire site, clearly and legibly drawn at a scale of one (1) inch being equal to one hundred (100) feet or less, showing the following: a. North arrow, scale and date. b. The topography based upon the National Geodetic Vertical Datum of 1929 showing existing and proposed contours at intervals of two (2) feet. c. All property and lot lines, including dimensions, and the size of the site expressed in acres or square feet. d. The location of all existing streets, drives, other accessways and parking areas, with information concerning widths, pavement types and construction and elevations. e. The location of any existing bodies of water or watercourses, buildings, structures and other public or private facilities, including railroad tracks and any other natural and man-made features affecting or affected by the proposed activity or development. f. The location of the floodplain boundary line, information and spot elevations concerning the one-hundred-year flood elevations, and information concerning the flow of water, including direction and velocities. g. The location of all proposed buildings, structures, utilities and any other improvements. h. Any other information which the municipality considers necessary for adequate review of the application. (4) Plans of all proposed buildings, structures and other improvements, clearly and legibly drawn at suitable scale showing the following: a. Sufficiently detailed architectural or engineering drawings, including floor plans, sections and exterior building elevations, as appropriate. b. For any proposed building, the elevation of the lowest floor (including basement) and, as required, the elevation of any other floor. c. Complete information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with the one-hundredyear flood. d. Detailed information concerning any proposed floodproofing measures. e. Cross-section drawings for all proposed streets, drives, other accessways and parking areas showing all rights-of-way and pavement widths. f. Profile drawings for all proposed streets, drives and vehicular accessways, including existing and proposed grades. g. Plans and profiles of all proposed sanitary and storm sewer systems, water supply systems and any other utilities and facilities. (5) The following data and documentation:
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a. Certification from the applicant that the site upon which the activity or development is proposed is an existing separate and single parcel, owned by the applicant or the client he represents. b. Certification from a registered professional engineer, architect or landscape architect that the proposed construction has been adequately designed to protect against damage from the one-hundred-year flood. c. A statement certified by a registered professional engineer, architect, landscape architect or other qualified person which contains a complete and accurate description of the nature and extent of pollution that might possibly occur from the development during the course of a one-hundredyear flood, including a statement concerning the effects such pollution may have on human life. d. A statement certified by a registered professional engineer, architect or landscape architect which contains a complete and accurate description of the effects the proposed development will have on one-hundred-year flood elevations and flows. e. A statement certified by a registered professional engineer, architect or landscape architect which contains a complete and accurate description of the kinds and amounts of any loose buoyant materials or debris that may possibly exist or be located on the site below the one-hundred-year flood elevation and the effects such materials and debris may have on onehundred-year flood elevations and flows. f. The appropriate component of the Department of Environmental Resources’ Planning Module for Land Development. g. Where any excavation or grading is proposed, a plan meeting the requirements of the Department of Environmental Resources to implement and maintain erosion and sedimentation control. h. Any other applicable permits such as but no limited to a permit for any activity regulated by the Department of Environmental Resources under Section 302 of Act 978-166. i. An evacuation plan which fully explains the manner in which the site will be safely evacuated before or during the course of a one-hundred-year flood. C. Application review procedures. Upon receipt of an application for a special exception by the Township Zoning Officer, the following procedures shall apply in addition to all other applicable permit procedures which are already established: (1) Within three (3) working days following receipt of the application, a complete copy of the application and all accompanying documentation shall be forwarded to the County Planning Commission by registered or certified mail for its review and recommendations. Copies of the application shall also be forwarded to the Township Planning Commission and Township Engineer for review and comment.
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(2) If an application is received that is incomplete, the Township Zoning Officer shall notify the applicant in writing, stating in what respects the application is deficient. (3) If the Township Zoning Officer decides to disapprove an application, he shall notify the applicant, in writing, of the reasons for disapproval. (4) If the Township Zoning Officer approves an application, he shall file written notification, together with the application and all pertinent information with the Department of Community Affairs by registered mail within five (5) working days after the date of approval. The application shall be forwarded to the Zoning Hearing Board for hearing. (5) Before a hearing on the special exception, the Zoning Hearing Board shall allow the Department of Community Affairs thirty (30) days after receipt of the notification by the Department to review the application and the decision made by the township. (6) If the Department of Community Affairs should decide to disapprove an application, it shall notify the Zoning Hearing Board and the applicant, in writing, of the reasons for the disapproval, and the Zoning Hearing Board shall not issue the special exception. D. Technical requirements for development requiring a special exception. In addition to any other applicable requirements, the following provisions shall also apply to the activities requiring a special exception. If there is any conflict between any of the following requirements and any otherwise applicable provision, the more restrictive provisions shall apply. (1) No application for a special exception shall be approved unless it can be determined that the structure or activity will be located, constructed and maintained in a manner which will: a. Fully protect the health and safety of the general public and any occupants of the structure. At a minimum, all new structures shall be designed, located and constructed so that: i. The structure will survive inundation by waters of the onehundred-year flood without any lateral movement or damage to either the structure itself or to any of its equipment or contents below the one-hundred-year flood elevation. ii. The lowest floor elevation (including basement) will be at least one and one-half (1 ½ ) feet above the one-hundred-year flood elevation. iii. The occupants of the structure can remain inside for an indefinite period of time and be safely evacuated at any time during the onehundred-year flood. b. Prevent any significant possibility of pollution, increased flood levels or flows or debris endangering life and property. (2) All hydrologic and hydraulic analysis shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts.
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Studies, analyses, computations, etcetera, shall be submitted in sufficient detail to allow a thorough technical review by the township and the Department of Community Affairs. §173-66. Existing structures in floodplain districts. A structure or use of a structure or premises which lawfully existed before the enactment of these provisions but which is not in conformity with these provisions may be continued, subject to the following conditions: A. Existing structures and/or uses located in any floodway district shall not be expanded or enlarged unless the effect of the proposed expansion or enlargement on flood heights is fully offset by accompanying improvements. B. Any modification, alteration, repair, reconstruction or improvement of any kind to a structure and/or use located in any floodplain district to an extent or amount of less than fifty percent (50%) of its market value shall be elevated and/or floodproofed to the greatest extent possible regardless of its location in the floodplain district. C. The modification, alteration, repair, reconstruction or improvement of any kind to a structure and/or use regardless of its location in a floodplain district to an extent or amount of fifty percent (50%) or more of its market value shall be undertaken only in full compliance with the provisions of this Article and any other applicable ordinances. D. Uses or adjuncts thereof which are or become nuisances shall not be permitted to continue. E. Minor repairs to existing buildings or structures are not subject to the provisions of this Article, provided that no structural changes or modifications are involved. ARTICLE VIII Administration and Enforcement §173-67. Zoning Officer. The Zoning Officer, who shall be appointed by the governing body, shall: A. Administer and enforce the provisions of this chapter in accordance with its literal terms and shall not have the power to permit any construction or any use or change of use which does not conform to this chapter. B. Issue zoning certificates and building permits. C. Maintain a permanent file of all zoning certificates and applications as public records.
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D. Identify and register all nonconforming uses.
§173-68. Zoning certificates. A. A zoning certificate shall be obtained before any person may: (1) Occupy or use any vacant land. (2) Construct any building or structure or occupy or use any structure hereafter constructed, reconstructed, moved altered or enlarged. (3) Change the use of a structure or land to a different use. (4) Change a nonconforming use. B. Applications for a zoning certificate shall be accompanied by a plot plan showing clearly and completely the location, dimensions and nature of any structure involved and such other information as the Zoning Officer may require for administration of this chapter, together with a filing fee in accordance with a schedule fixed by resolution of the governing body.45 C. Zoning certificates shall become null and void one (1) year from the date of issue. Prior to continuance of the activity or change for which the original certificate was issued, a new zoning certificate must be obtained. §173-69. Violations and penalties. [Amended 12-28-1998 by Ord. No. 917] Any person, partnership or corporation who or which shall violate the provisions of this chapter shall be subject to the penalties provided by the Pennsylvania Municipalities Code, 53 P.S. §10617.2 §173-70. Enforcement remedies. In case any building, structure or land is or is proposed to be erected, constructed, reconstructed, altered, converted, maintained or used in violation of this chapter, the Board of Commissioners, in addition to other remedies, may institute in the name of the municipality any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure or land or to prevent, in or about such premises, any act, conduct, business or use constituting a violation. §173-71. Amendments. The governing body may amend this chapter as proposed by a member of the governing body, by the Planning Commission or by a petition of a person residing or owning property within the municipality in accordance with the following provisions.
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Editor’s Note: The current fee resolution is on file in the office of the Township Manager.
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A. Petitions for amendment shall be filed with the Planning Commission, and the petitioner, upon such filing, shall pay an advertising deposit and a filing fee in accordance with a schedule fixed by resolution.46 The Planning Commission shall review the proposed amendment and report its findings and recommendations, in writing, to the governing body and to the petitioner. The proposed amendment shall be introduced before the governing body only if a majority of the governing body elects to do so. If an amendment proposed by petition is not introduced, the advertising deposit shall be refunded to the petitioner, otherwise such deposit shall be paid to the municipality. B. Any proposed amendment introduced by a member of the governing body without written findings and recommendations from the Planning Commission shall be referred to the Planning Commission for review at least thirty (30) days prior to public hearing by the municipality. C. Before voting on the enactment of an amendment, the governing body shall hold a public hearing thereon pursuant to public notice. If after any public hearing held upon an amendment the proposed amendment is revised or further revised to include land previously not affected by it, the governing body shall hold another proceeding to vote on the amendment. §173-72. Zoning Hearing Board. In accordance with law, the governing body shall appoint and organize a Zoning Hearing Board, which board shall adopt rules to govern its procedure. The board shall hold meetings, keep minutes and, pursuant to notice, shall conduct hearings, compel the attendance of witnesses, take testimony under oath and render decisions, in writing, all as required by law. A fee shall be charged in accordance with a schedule fixed by resolution for any appeal or proceeding filed with the Zoning Hearing Board.47 The Zoning Hearing Board shall have the functions, powers and obligations specifically granted by law. ARTICLE IX Planned Residential Development [Added 7-9-1973 by Ord. No. 543; Deleted 4-29-2013 by Ord. No. 1032] ARTICLE X Telecommunications Facilities [Added 8-13-2001 by Ord. No. 936] § 173-100. Communications antennas and communications equipment buildings.
46 47
Editor’s Note: The current fee schedule is on file in the office of the Township Manager. Editor’s Note: The current fee schedule is on file in the office of the Township Manager.
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A. A building-mounted communications antenna shall not be located on any singlefamily or two-family dwelling. B. A building-mounted communications antenna shall not be permitted to exceed the roofline of the building by more than 10 feet. C. An omnidirectional or whip communications antenna shall not be permitted to exceed the roofline of the building by more than 10 feet. D. A directional or panel communications antenna shall not exceed five feet in height and three feet in width. E. Any applicant proposing a communications antenna to be mounted on a building or other structure shall submit evidence from a Pennsylvania registered professional engineer certifying that the proposed installation will not exceed the structural capacity of the building or other structure, considering wind and other loads associated with the antenna location. F. Any applicant proposing a communications antenna to be mounted on a building or other structure shall submit detailed construction and elevation drawings indicating how the antenna will be mounted on the building or structure for review by the Township Engineer for compliance with Chapter 72, Building Construction, of the Codified Ordinances of the Township of Wilkins, and other applicable ordinances. G. Any applicant proposing a communications antenna to be mounted on a building or other structure shall submit evidence of agreements and/or easements necessary to provide access to the building or structure on which the antenna is to be mounted so that installation and maintenance of the antenna and any communications equipment building can be accomplished. H. A communications antenna shall comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation. I. A communications antenna shall not cause radio frequency interference with other communications facilities located in the township. J. Any communications equipment building where the building footprint is equal to or less than 100 square feet shall be subject to the height and setback requirements of the applicable Zoning District for an accessory structure. Any communications equipment building where the building footprint is greater than 100 square feet shall be subject to the height and setback requirements of the applicable zoning district for a principal building or structure. K. The owner or operator of any communications antenna shall be licensed by the Federal Communications Commission to operate such antenna.
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§173-101. Standards of approval for communications equipment buildings and communications towers. A. The applicant shall demonstrate that it is licensed by the Federal Communications Commission to operate a communications tower and communications antenna, as applicable. B. The applicant shall demonstrate that the proposed communications tower and communications antenna proposed to be mounted thereon comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation. C. A communications tower shall comply with all applicable Federal Aviation Administration, Commonwealth Bureau of Aviation and applicable airport zoning regulations. D. Any applicant proposing construction of a new communications tower shall demonstrate that a good faith effort has been made to obtain permission to mount the communications antenna on an existing building, structure or communications tower. A good-faith effort shall require that all owners of potentially suitable building, structure or communications tower within a radius of ¼ mile of the proposed communications tower site be contacted and that one or more of the following reasons for not selecting such building, structure or communications tower apply: (1) The proposed antenna and related equipment would exceed the structural capacity of the existing building, structure or communications tower, and its reinforcement cannot be accomplished at a reasonable cost. (2) The proposed antenna and related equipment would cause radio frequency interference with other existing equipment for that existing building, structure or communications tower, and the interference cannot be prevented at a reasonable cost. (3) Such existing building, structure or communications tower does not have adequate location, space, access or height to accommodate the proposed equipment or to allow it to perform its intended function. (4) Addition of the proposed antenna and related equipment would result in electromagnetic radiation from such building, structure or communications tower exceeding applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation. (5) A commercially reasonable agreement could not be reached with the owners of such building, structure or communications tower. E. Access shall be provided to the Communications tower and communications equipment building by means of a public street or easement to a public street. Any such easement shall be a minimum of 20 feet in width and shall be paved to a width of at least 10 feet with concrete, bituminous asphalt or bituminous seal coat for its
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entire length and in accordance with applicable township ordinances governing the construction of public streets. F. The applicant shall demonstrate that the proposed height of the communications tower is the minimum height necessary to perform its function. For any proposed communications tower with a height in excess of 75 feet, the applicant shall deposit with the township an engineering review deposit as may be deemed appropriate by the Township Engineer, which deposit shall be in addition to any other required application and/or engineering fees. This deposit shall be used by the township to retain an independent, certified engineer knowledgeable in the field of communications towers to review the application and to express an opinion as to the minimum height necessary for the proposed communications tower to perform its function. In the event that the fees actually incurred for said engineering review exceed the amount of the deposit, the applicant shall tender payment of the balance owed. In the event that the fees actually incurred for said engineering review are less than the amount of the deposit, the balance shall be refunded and/or credited to the applicant. G. The foundation and base of any communications tower shall be set back from the nearest adjoining property or lease lines, whichever is closer to the proposed communications tower, a distance equivalent to the height of the proposed tower. H. The maximum height of any communications tower shall be 75 feet; provided, however, that such height may be increased by no more than an additional 75 feet as long as an independent, certified engineer retained under §173-101 F above expresses an opinion that the additional height is necessary for the proposed communications tower to perform its function. Regardless of height, all communications towers shall remain subject to the setback requirements of §173-101 G above. I. There shall be a maximum of one communications tower per lot, regardless of lease lines. J. The base of a communications tower shall be landscaped so as to screen the foundation and base and communications equipment building from abutting properties. K. The communications equipment building shall comply with the required yard and height requirements of the applicable zoning district for an accessory structure, provided that the building footprint of the communications equipment building is equal to or less than 100 square feet. If the building footprint of the communications equipment building is greater than 100 square feet, the building shall comply with the required yard and height regulations of the applicable zoning district for a principal building or structure. L. The applicant shall submit certification from a Pennsylvania registered professional engineer that any proposed communications tower will be designed and constructed
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in accordance with the current Structural Standards of Steel Antenna Towers and Antenna Supporting Structures published by the Electrical Industrial Association/Telecommunications Industry Association and applicable requirements of Chapter 72, Building Construction, of the Codified Ordinances of the Township of Wilkins. M. The applicant shall submit a copy of its current Federal Communications Commission license; the name, address and emergency telephone number for the operator of the communications tower; and a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the communications tower and any communications antenna located thereon. N. All guy wires associated with a guyed communications tower shall be clearly marked so as to be visible at all times and shall be located within a fenced enclosure. O. The site of a communications tower shall be secured by a fence with a minimum height of four feet and a maximum height of eight feet and containing only selflatching gates to limit accessibility by the general public. P. No signs or lights shall be mounted on a communications tower, except as may be required by the Federal Communications Commission, Federal Aviation Administration or other governmental agency which has jurisdiction. Q. A communications tower shall be protected and maintained in accordance with the requirements of the Codified Ordinances of the Township of Wilkins, International Property Maintenance Code,48 and Chapter 72, Building Construction. R. If a communications tower remains unused for a period of 12 consecutive months, the owner or operator shall dismantle and remove the communications tower within six months of the expiration of such twelve-month period. S. Two off-street parking spaces shall be provided within the fenced area. T. All tower structures shall be fitted with anti-climbing devices as recommended by the tower manufacturer for the type of installation proposed. U. Inspection. Inspections of communications towers to ensure structural integrity shall be performed at least once every three years. Inspections shall be conducted by an engineer licensed by the Commonwealth of Pennsylvania. The cost of such inspections shall be borne by the applicant. The result of such inspection shall be timely provided to the township. Based upon results of an inspection, the township may require repair or removal of a communications tower.
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Editor’s Note: See Ch. 124, Property Maintenance
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V. Use limitations. The facilities which are erected to maintain the communications tower may not include offices, long-term vehicle storage, other outdoor storage or broadcast studios, except for emergency purposes, and other uses that are not necessary to send or receive wireless communications signals or transmissions. W. The communications tower in its operation will remain compliant at all times with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
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