Pequea Township

ARTICLE 8

HISTORIC DISTRICT

Section 800

Purpose

Pequea Township’s historic sites, buildings, outbuildings, structures

and archaeological sites and resources represent a physical

link between the present and the past and form a context in which

residents can appreciate the growth and evolution of the Township.

Therefore, in addition to the community development objectives

expressed in Section 102 of this Ordinance, the purposes

of this Article include the following:

A) To promote the general welfare by protecting the integrity of

the Township’s historic resources as required by Section

604(1) of the Pennsylvania Municipalities Planning Code.

B) To recognize the importance of the Township’s historic resources

as part of our heritage.

C) To expand opportunities for the continued use or adaptive

reuse of historic resources for economically productive activities.

D) To increase the economic advantages of preserving and retaining

historic resources.

E) To establish a procedure whereby relevant information about

historic resources can be preserved in the event that demolition

or destruction is necessary.

F) To mitigate the adverse consequences imposed by the incompatible

development of property near historic resources.

Section 801

Definitions

In this Article 8, the following words and phrases shall have the

meanings indicated herein or, if such terms are defined in the

Pennsylvania History Code, shall have the meanings set forth in

Section 103 of the History Code, 47 Pa. C.S. §103.

Archaeological site - An area of land which contains evidence of

previous prehistoric or historic human habitation or stratified

deposits of animal or plant remains or manmade artifacts or human

burials.

Building - An enclosure which shelters human activities, including

but not limited to a dwelling, church, factory or mill.

Historic resource - A building, structure, outbuilding, object,

district, place, site, or area significant in the history, architecture,

maritime heritage, archaeology or culture of the TownPequea

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ship, County, Commonwealth, or United States.

Outbuilding - An enclosure which is accessory to a building which

shelters human activities, including but not limited to a barn,

outhouse, smokehouse, or summer kitchen.

Site - An area of land, including but not limited to a lot.

Structure - A man-made object which does not shelter humans or

animals, including but not limited to bridges or lime kilns.

Section 802

Applicability

The provisions of this Article shall be applied to the sites and

activities identified as within the Historic District as follows:

A) Overlay designation. The sites listed below shall be deemed

to constitute an overlay district on the Township Zoning Map:

1) Historic resources listed on the National Register of

Historic Places, as it may be amended, and the lots on

which they are located.

2) Historic resources listed on any register of historic

places compiled or maintained by the Commonwealth or any

of its agencies, as it may be amended, and the lots on

which they are located.

3) Historic resources listed in "Our Present Past (1985)"

prepared by the Historic Preservation Trust of Lancaster

County, as it may be amended, and the lots on which they

are located.

4) Any lot immediately adjacent to or immediately across a

street from any historic resource in Pequea Township

identified in Sections 802(A)(1) - (3) above.

B) Actions which require adherence to this Article. The provisions

of this Article shall apply to sites listed in Section

802(A) which involve any of the following:

1) The subdivision or land development of any lot containing

an historic resource.

2) The construction, reconstruction, enlargement or demolition

of any building, outbuilding or structure identified

in Sections 802(A)(1) - (3) above.

3) The change of use of any building, outbuilding, structure

or site which has the effect of significantly increasing

traffic or the intensity of use of the building, outbuilding,

structure or site.

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4) The clear cutting of vegetation or the stripping of the

earth’s surface.

5) Installation of or change to signs.

6) Exterior renovations to any building, outbuilding or

structure which alter exposed horizontal elevations facing

any public roadway or other site listed in Section

802(A).

C) Relationship to other regulations. The provisions of this

Article shall supersede any regulation in this Ordinance

otherwise pertaining to the site. Except as modified by this

Article, the remaining provisions of this Ordinance and any

other ordinance or regulation shall not be affected and shall

remain in full force and effect.

Section 803

Use Regulations

In addition to the uses permitted by the underlying zoning district,

the following uses are authorized on lots containing

historic resources as identified in Section 802(A)(1) - (3)

according to the table below. The uses authorized by this Section

must be located within an historic building or outbuilding

as identified in Section 802(A)(1) - (3) and cannot be located

within a new building, outbuilding or structure.

A) Permissible Uses. The following uses are permitted by right,

by special exception, or are prohibited in certain districts

as follows, provided the historic building or outbuilding

identified in accordance with Section 802(A)(1) - (3) is

rehabilitated and is the location of the use:

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Uses

Zoning Districts

Specific Use A+,

MR

R-1 R-2 C I

Single family dwelling R R R R SE

Multi-family dwelling SE* SE* SE* R SE

Home Occupation SE SE SE R R

Bed and Breakfast SE SE SE R SE

Office SE SE SE R R

Inn SE SE SE SE R

Restaurant N N N SE SE

Retail N N N SE R

R: Permitted as a "by right" use SE: Permitted as a "Special

Exception" use

N: Not permitted

+: Number of principal non-agricultural uses or lots governed

by §504

*: Not to exceed two dwellings per structure

B) Specific criteria for special exception uses. Any use authorized

by this Section by special exception shall comply with

the specific standards and criteria applicable to that use in

Article 19. This shall include Sections 1942, Home Occupations;

1956, Conversion-Single Family Detached to Two Family

Dwelling; 1959, Bed and Breakfast Establishment; 1962, Retail

Stores, Shopping Centers, and Business Offices in Excess of

4,000 Square Feet but Less than 10,001 Square Feet of Gross

Floor Area; and 1967, Restaurants. In addition, Inns shall

comply with all of the regulations set forth in Section 1959,

Bed and Breakfast Establishment, except Subsections (J) and

(O).

C) Special Exception General Criteria. In hearing all requests

for special exceptions under the provisions of this Article,

the Zoning Hearing Board shall review each of the following

criteria as they shall apply to the application. An applicant

for a special exception shall also demonstrate compliance

with all applicable provisions of Article 19 of this

Ordinance. In approving special exceptions, the Zoning Hearing

Board may attach such reasonable conditions, in addition

to those expressed in this Ordinance, as it may deem necessary

to implement the purposes of the Municipalities Planning

Code and this Ordinance.

1) Applicants shall submit an Architectural Assessment as

required in Section 804 and/or an Archaeological Assessment

as required under Section 805, as applicable.

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2) All construction shall conform to the requirements in

Section 806.

3) The proposed land use or activity shall not substantially

alter the exterior character of the structure or the

character of the neighborhood.

4) The proposed use or activity shall be consistent with the

purposes of the Ordinance and this Article.

5) Adequate utilities shall be available to serve the proposed

use. When public utilities are available, they

shall be utilized.

6) In order to provide for the efficient or adaptive reuse

use of a building, outbuilding or structure listed in

Section 802(A), the applicant may request that the Zoning

Hearing Board adjust lot size, yard setback, height,

bulk, parking or any other standards to the extent necessary

to permit the efficient use or reuse of existing

buildings, outbuildings or structures. Such adjustment

shall be the minimum necessary to permit the efficient

use of the building, outbuilding or structure, and shall

be compatible with the architectural character of the

building, outbuilding or structure and site and protect

environmentally sensitive areas. These adjustments shall

not necessarily be construed as variances unless requested

by an applicant. However, no adjustments to the minimum

requirements of the Floodplain District shall be made

under this paragraph which have the effect of expanding

or intensifying a use within a floodplain.

7) The Zoning Hearing board may require the use of screening

or buffering.

Section 804

Architectural Assessment

Prior to the issuance of any zoning or building permit for any

activity listed in Section 802(B) which involves an historic

resource identified in accordance with Section 802(A), the applicant

shall submit a statement prepared by an architect, landscape

architect, or professional planner (which architect or planner

shall have extensive experience with historic resources), which

shall include the information listed below. This statement shall

be submitted to the Zoning Officer, who shall review the statement

and determine, within ten days of submission, whether all

information as required in this Section has been submitted and

whether the proposal conforms with the provisions of this Section.

After such determination, the Zoning Officer shall process

the application as otherwise required in this Ordinance. The

architect or planner shall include the following information in

his or her statement:

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A) A topographic map of the parcel, identifying the historic

resource and depicting the proposed use.

B) A written description of the site’s historic features and

significance.

C) Renderings of all proposed building, outbuildings and structures

and alterations of existing building, outbuildings and

structures, and descriptions of any architectural treatments

that are intended to complement any historic architectural

styles represented by the building, outbuilding or structure.

All such construction shall conform to the requirements of

the design standards listed in Section 806.

D) A plan for all required landscaping.

E) In the event of a request for a demolition permit, the applicant

shall submit the following:

1) Photographs of all elevations of the building, outbuilding

or structure proposed to be demolished.

2) A plot plan of the lot, including the areas surrounding

the building, outbuilding or structure proposed to be

demolished and all accessory structures.

3) A written description of the materials and methods used

in the construction of the building, outbuilding or

structure proposed to be demolished.

4) Measurements of all outside dimensions of the building,

outbuilding or structure proposed to be demolished.

5) A statement, supported by adequate documentation from a

professional architect or planner who specializes in

historic resources, that the building, outbuilding or

structure cannot be economically used or reasonably

adapted for any of the uses allowed under Section 803(A),

and that renovation expenses would not yield a resultant

property value at least equal to the total investment.

Section 805

Archaeological Assessment

All activities listed in Section 802(B) which involve lands

identified by the Pennsylvania Historical and Museum Commission

(PAHMC) as containing a known or possible archaeological site and

which propose to disturb possible locations of archaeological

resources, shall require the preparation of a statement by a

professional archaeologist which includes the information listed

below. This statement shall be submitted to the Zoning Officer,

who shall review the statement and determine, within ten business

days of submission, whether all information as required in this

Section has been submitted and whether the proposal conforms with

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the provisions of this Section. After such determination, the

Zoning Officer shall process the application as otherwise

required in this Ordinance.

A) A Phase I survey of archaeological resources conducted on the

site and its findings. The survey shall be conducted in

accordance with all PAHMC recommendations and procedures for

Phase I surveys.

B) If construction shall occur on the site, the applicant shall

provide a detailed plan and description of the methods which

shall be used to prevent the disturbance of archaeologicallysignificant

areas during the following construction, to

prevent grading of archaeologically-significant areas, and a

discussion of any provisions used to orient activities away

from archaeologically-significant areas.

C) A plan for the ultimate disposition of any architecturallysignificant

artifacts to be found on the site.

Section 806

Design Standards

The following design standards shall apply to all activities

listed in Section 802(B).

A) Enlargement. Additions and enlargements to any building,

outbuilding or structure shall be limited to the areas that

do not involve any elevation facing any public street or

facing any other historic resource listed in Section 802(A)

and cannot add more square footage than the following

percentage of the inside on the first floor of the existing

historic building, outbuilding or structure:

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Single-family dwelling, multi-family dwelling

and home occupations 25%

Inns and bed and breakfast establishments 50%

Office, retail or restaurant 50% or 1,000 square feet,

whichever is lesser

B) Compatible materials. Alterations or additions shall utilize

materials which are substantially similar to or compatible

with materials used in the other portions of the building,

outbuilding or structure. The use of materials which are

clearly out of context with the original building, outbuilding

or structure shall be avoided.

C) Compatible architectural styles. New construction shall

complement the style of the building, outbuilding or

structure. The following criteria shall be particularly

analyzed:

1) Proportion of Buildings’ Front Facades - The relationship

between the width of the front of the building or

outbuilding and the height of the front of the building

or outbuilding.

2) Proportion of Openings Within the Building - The

relationship of width to height of the windows and doors.

3) Rhythms of Solids to Voids in the Front Facade - Since

rhythm is a repeated and recurrent alteration of strong

and weak architectural elements, a rhythm of masses to

openings in a building should be maintained.

4) Rhythm of Spacing of Buildings on Streets - In moving

past a series of buildings, a rhythm of recurrent or

repeated building masses to spaces between them should be

experienced.

5) Rhythm of Entrance and/or Porch Projections - Moving

past a series of buildings, one experiences a rhythm of

entrances or projections at an intimate scale.

6) Relationship of Materials - Within an area, the

predominant materials may be brick, stone, stucco, wood

siding, or other material.

7) Relationship of Textures - The predominant textures of an

area may be smooth, such as stucco or rough as brick with

tooled joints or horizontal wood siding, or other

textures.

8) Walls of Continuity - Physical ingredients such as brick

walls, wrought iron fences, evergreen landscape masses,

building facades, or combination of these form

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continuous, cohesive walls of enclosures along the

street.

9) Relationship of Landscaping - There may be a predominance

of a quality and quantity of landscaping although

emphasis herein shall be with the amounts of continuity

of landscaping.

10) Paving Materials - There may be a predominance in the use

of brick pavements, cobblestones, granite blocks, or

others.

11) Directional Expression of Front Elevation - Structural

shape, planning of openings and architectural detail may

provide a predominantly vertical, horizontal, or nondirectional

character to the building’s or outbuilding

facade.

12) Scale - Scale is created by the size of units of

construction and architectural detail that relate to the

size of man. It can also be determined by building mass

and how it related to open space. The major elements of

scale may be brick or stone units, window or door

openings, porches, and balconies, etc.

13) Relationship of Color - Insofar as the mass and detail

such as trim are concerned, a predominant color that may

be of a natural material or patina colored by time.

Blending colors of trim is also a factor.

14) Relationship of Roof Shapes - Buildings and outbuildings

should have compatible roof shapes such as gable,

mansard, hip, flat, gambrel and/or other kinds of roof

shapes.

D) Signs. Signs shall not be internally lighted. Signs should

be constructed from materials that are compatible with the

character of the site, such as wood.

Section 807

Permits

A) All applicants for special exception uses, variances or for

zoning permits for any property identified in Section 802(A)

of this Ordinance shall submit an architectural assessment

prepared in accordance with Section 804 or an archaeological

assessment prepared in accordance with Section 805, as

applicable, with the application for a special exception,

variance, or zoning permit.

B) The applicant shall request the Historic Preservation Trust

of Lancaster County and the Township Planning Commission to

submit an evaluation of the proposal for effect on historic

resources of the site. The applicant shall submit documentaPequea

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tion that the evaluation has been requested not later than

the date the application has been submitted to the Township.

C) If the study required by Section 807(A) is submitted in

conjunction with an application for approval of a special

exception or variance, the Zoning Hearing Board shall review

the study submitted in conjunction with the application for

the special exception or variance. The Zoning Hearing Board

may use the study to impose reasonable conditions upon the

granting of any special exception or variance. If the study

is submitted to the Zoning Officer in connection with an

application for a zoning permit, the Zoning Officer shall

review the study to insure that it addresses all of the

standards and criteria set forth in this Section. The

purpose of the study shall be to require the applicant for

the zoning permit to consider the effect of the proposed use

upon the historic or archeological significance of the site.

Pequea Township Zoning Ordinance 156

12-20-04

ARTICLE 9

COMMERCIAL DISTRICT

Section 900

Purpose

This District is designed to provide for the commercial needs of

the community in areas which shall provide for off street parking

spaces, and safe circulation of pedestrian and motor vehicle

traffic. New residential development shall be excluded from this

district to reserve adequate areas for commercial development and

to protect residents from an undesirable environment.

Section 901

Permitted Uses

Land and buildings in the Commercial District shall be used only

for the following purposes:

A) Retail stores, shops, convenience stores and business offices

containing fewer than 4,000 square feet of gross floor area.

B) Professional, business, and personal service establishments

(for exceptions see §902).

C) Automobile and other motor vehicle sales.

D) Consumer product repair services (for exceptions see §902).

E) Specialty shops for custom work and articles normally to be

sold at retail on the premises such as baking, confectionery,

dressmaking, and printing.

F) Agriculture and horticulture (see §1732).

G) Temporary portable structures for the retail sale of

agricultural products in compliance with Section 1735.

H) Conservation areas.

I) Accessory buildings and uses clearly incidental to the

principal use of the above permitted uses when located on the

same lot.

Section 902 Special Exceptions

The Zoning Hearing Board may permit the following uses by special

exception in accordance with Article 19.

A) Adult related business (see §1916).

Pequea Township Zoning Ordinance 157

B) Amusement arcade (see §1918).

C) Apartments uses in connection with a permitted commercial use

(see §1954).

D) Banks (see §1926).

E) Billboards (see §1952).

F) Bus shelters (see §1935).

G) Car wash (see §1924).

H) Clinics and residential facilities for the treatment and/or

rehabilitation of persons who have psychological or mental

disorders (including but not limited to substance abuse),

head trauma, spinal cord trauma and similar illness or

injuries not requiring hospitalization (see §1969).

I) Clubhouses for private clubs not associated with residential

use, provided that the regulations found in Section 503(B)(1)

and Article XIX shall be met. Such establishments may be

located upon any soil classification in the Commercial

District (see §1929).

J) Conference and resort centers (see §1968).

K) Conversion: residential to non-residential (see §1957).

L) Day care (commercial) (see §1930).

M) Fire and ambulance houses and similar public buildings.

N) Funeral homes and undertaking establishments (see §1939).

O) Greenhouses or nursery (see §1953).

P) Heliports (see §1917).

Q) Home improvement stores (see §1940).

R) Home occupations (see §1942).

S) Hospitals (see §1943).

T) Hotels and motels (see §1966).

U) Laundromats, dry cleaners, and laundries (see §1933).

V) Ministorage facilities (see §1946).

W) Motor vehicle fuel stations (auto filling stations) (see

§1921).

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X) Nightclubs (see §1947).

Y) Outdoor storage (see §1941).

Z) Parking lot serving two or more establishments [see also

§1404(R)].

AA) Permanent structures for the retail sale of farm products

such as vegetables, fruits and eggs (see §1910).

AB) Public utility service structures (see §1951).

AC) Recreation and entertainment facilities (see §1931).

AD) Repair facilities (see §1922).

AE) Rest areas (see §1905).

AF) Restaurants other than drive-in or drive-thru or fast

food restaurants (see §1967).

AG) Restaurant, drive-in, drive-thru or fast food (see

§1932).

AH) Retail stores, shopping centers, and business offices in

excess of 4,000 square feet of gross floor area and less

than 10,001 square feet of gross floor area (see §1962).

AI) Retail stores, shopping centers, supermarkets, and

business offices in excess of 10,000 square feet of gross

floor area (see §1965).

AJ) Communications antennas mounted on or in a public utility

transmission tower, building or other structure existing

on the effective date of this Section (December 10, 2001)

and accessory communications equipment buildings subject

to the conditions set forth in Section 1960.

AK) Schools, private (see §1949).

AL) Semi-detached buildings (see §1904).

AM) Wholesale office and showroom. Those stipulated in

Section 1958 are not permitted in the Commercial

District.

AN) The Zoning Hearing Board may permit other uses and their

accessory uses or buildings which, in its opinion, are of

the same general character as any of the above in

accordance with Section 1736, provided that none of the

following shall be permitted:

1) Any process of manufacturing, assembly or treatment which

is not clearly incidental to a retail business conducted

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on the premises or which constitutes a nuisance by reason

of odor, noise, dust or smoke, even if incidental to a

retail business conducted on the premises.

2) Fuel, lumber or coal yards, building material storage

yards, contractors’ equipment and storage yards, and

commercial warehouses (see §1958).

Section 903

Area and Height Regulations

A) Minimum Lot Area. The minimum lot size shall be one (1)

acre unless both public sewer and public water are

present. If provided with public sewer and public water,

one half (1/2) acre minimum size is required.

B) Minimum Lot Width. One hundred and fifty (150) feet.

C) Yard Requirements. Yards may be used for the purpose of

meeting off-street parking and loading requirements,

except that no parking or loading shall be permitted

closer than ten (10) feet to any property line or street

right-of-way line in the case of a shopping center. Also

landscape requirements must be met (see §908). Yards of

the following minimum sizes shall be provided:

1) Front Yard. The distance set forth in Article XV

between the centerline or right-of-way line,

whichever applicable, of a public road and the

building line.

2) Side and Rear Yards. All buildings shall be located

a minimum of fifteen (15) feet from all other lot

lines except where the lot borders a residential or

agricultural district, the minimum side and/or rear

yard shall be fifty (50) feet.

D) Height Regulations. No building may exceed thirty-five

(35) feet in height or three (3) stories whichever is

less.

E) Lot Coverage. Total impervious surface areas shall not

exceed sixty (60%) percent.

1) The maximum area of the lot covered by buildings

shall be fifty (50%) percent.

2) The maximum paved area shall be fifty (50%) percent

per lot.

F) Fire Control. On site storage of at least one (1) gallon

per square foot of floor space, if no public water.

G) Hazardous or flammable materials stored or used on site

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shall be reported to the Township office and both

Township fire companies and updated at least annually in

October and as new hazardous or flammable material is

brought onsite.

H) In the event that any development within this District is

proposed which will not be immediately connected to a

public sanitary sewer system and public water system,

minimum lot area and yard requirements shall meet

standards of 1709.

Section 904

Access Drive Requirements

Each separate use or group of attached buildings and/or uses

permitted as a single integrated plan, shall not have more than

two (2) access drives thirty (30) feet in width, or one (1)

access drive forty-eight (48) feet in width plus divisor, per one

thousand (1,000) feet of frontage or part thereof which is

connected to any one (1) public road or highway. The access drive

width shall be measured at the right-of-way line.

When the property has greater than three hundred (300) feet of

frontage along any one (1) public road or highway, the Zoning

Hearing Board may permit additional access drives or alternative

designs as a special exception [see §1403(A)].

Section 905

Waste Products and Outdoor Storage

A) Outdoor storage is permitted only by special exception (see

§1941).

B) Dumpsters may be permitted within the side or rear yard,

provided such dumpsters are screened from adjoining roads and

properties and setback a minimum of fifty (50) feet from any

adjoining residentially used or zoned properties. All water

receptacles shall be completely closed.

Section 906

Traffic Study

A traffic study is required for special exception uses (see

Section 1711) set forth in Sections 902(A), (B), (G)-(J), (L),

(P), (Q), (S)-(U), (W)-(Z), (AC), (AF)-(AI).

Section 907

Performance Standards

See Commercial Performance Standards and Section 1732.

Section 908

Landscaping

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A) Each lot shall contain a minimum landscape area of forty

(40%) percent of the lot.

B) Landscaping shall be provided in accordance with the

requirements contained in Article 17, General Regulations and

Section 1732.

Section 909

General Regulations

All uses within this district shall comply with Article 17.

Pequea Township Zoning Ordinance 162

12-20-04

ARTICLE 10

INDUSTRIAL DISTRICT

Section 1000

Purpose

To continue industrial use of the areas currently zoned for this

purpose, and to allow expansion of industrial uses in those areas

which usually do not contain prime farm soils and soils of statewide

importance; are not located in proximity to current or

future planned residential areas; and to areas which are or will

be serviced with roads appropriate to handle industrial traffic.

It is further intended that approved industrial operations will

be compatible with surrounding land uses.

Section 1001

Permitted Uses

Land and buildings in the Industrial District shall be used for

the following purposes:

A) Agriculture and Horticulture (see Section 1732).

B) Business offices associated with the industrial use of the

tract.

C) Municipal buildings and uses.

D) Accessory buildings and uses clearly incidental to the

principle use of the above permitted uses when located on the

same lot.

E) Conservation areas.

Section 1002

Special Exceptions

The following uses may be permitted by the Zoning Hearing Board

by special exception in accordance with Article 19.

A) Laboratories for scientific or industrial research and

development (shall comply with Section 1958).

B) Fire and ambulance houses and similar public buildings.

C) Municipal or private parking lot serving two (2) or more

industrial locations [see also Section 1404(R)].

D) Heavy equipment sales, service or repair (see Section 1937).

E) Sawmills (see Section 1963).

F) Heliport (see Section 1917).

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G) Bus shelters (see Section 1935).

H) Assembling, manufacturing or processing of materials and

goods (shall comply with Section 1958).

I) Warehousing and wholesaling (see Section 1958).

J) Truck, bus or motor freight (see Section 1955).

K) Printing, publishing, lithographing, binding and similar

processes (shall comply with Section 1958).

L) Vocational trade school.

M) Agricultural support businesses (shall comply with Section

1937).

N) Public utility service structures (see Section 1951).

O) Conversion - residential to non-residential (see Section

1957).

P) Semi-detached buildings in commercial and industrial

districts (see Section 1904).

Q) Communications antennas mounted on or in a public utility

transmission tower, building or other structure existing on

the effective date of this Section (December 10, 2001) and

accessory communications equipment buildings subject to the

conditions set forth in Section 1960.

R) Communication towers subject to the conditions set forth in

Section 1961.

S) Rest areas (see Section 1905).

T) Billboards (see Section 1952).

U) Home occupations (see Section 1942).

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Section 1003

Application Procedures

An application for a Zoning Permit and/or Certificate of

Occupancy for a building or land use in any industrial district

shall be accompanied by:

A) A plot plan of the lot showing all existing and proposed

landscaping and grading; topographical surveys showing the

contours in two (2) feet intervals; security fencing as

required; the location of all present and proposed buildings,

access drives, parking lots, waste disposal fields and other

construction features on the lot; and all buildings; streets,

alleys, highways, with traffic flow patterns; and all

topographical features outside of the lot and within three

hundred (300) feet of any lot lines. This plot plan shall

also include all existing wetlands, woodlands, waterways,

historical sites, and environmentally sensitive areas outside

of the lot and within five hundred (500) feet of any lot

lines.

B) A description of the industrial operations proposed in

sufficient detail to indicate the effects of those operations

in producing traffic congestion, fire hazards, smoke, fumes,

odors, dust, noise, outdoor lighting, and other nuisances

specified or unspecified in this Ordinance, along with

designations of the method proposed to be used for

controlling any possible nuisance. The Applicant shall also

describe how the proposed use will comply with applicable

performance standards contained in Section 1732.

C) The proposed number of shifts to be worked, the maximum

number of employees on each shift, and the hours of operation

for each day.

D) A list of buildings to be located on the site and their floor

space requirements for each step of the industrial process.

E) Preliminary architectural sketches, method of sewage disposal

and source of water supply.

F) A proposed storm water plan.

G) Any other data or evidence the Zoning Officer may require.

Section 1004

General Industrial Standards

A) Screening. All outdoor storage, parking, and/or loading

areas shall be screened from view of any adjacent property or

public right-of-way by landscape screening installed in

accordance with the regulations contained in Article 17,

General Regulations [see Section 1710(L)(3)]. All existing

screening shall be permanently maintained. If screening

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consists of trees, no removal of lower level branches that

would impair screening shall be permitted.

B) Landscaping. Any part of the site which is not used for

buildings or other structures or paving shall be landscaped

in accordance with the regulations contained in Article 17,

General Regulations.

C) Outdoor Activities and Equipment Screening. [see Section

1710(L)(3)(b) and (c)].

D) Perimeter Buffering. The perimeter of the lot shall be

provided with a landscape buffer and greenbelt in accordance

with the regulations contained in Article 17, General

Regulations [see Sections 1710(L) and (M)]. All existing

landscape buffering and greenbelts shall be permanently

maintained. If landscape buffering consists of trees, no

removal of lower level branches that would impair buffering

or screening effect shall be permitted.

E) Access Drive and Parking Lot Construction. All access drives

and parking areas shall be paved with macadam surface or the

"all-weather" surface as may be approved by the Township.

F) Liquid Waste Plan. At the time of submission of the

application, the applicant shall submit a proposed plan for

treatment, handling, storage, and disposal of all liquid

wastes. This includes the cleaning and/or washing of motor

vehicles and/or their contents. This plan must meet all

requirements of the DER and/or any other State, County, or

Federal Agency, in effect at the time of application. A

qualified engineer shall certify that all such requirements

are met on the plan.

G) Solid Waste Plan. At the time of submission, the applicant

shall submit a proposed plan for handling, storage and

disposal of all solid waste generated, along with a

description of all recyclable materials generated. This plan

must meet all requirements of the DER and/or any other State,

County or Federal Agency, in effect at the time of

application. A qualified engineer shall certify that all

such requirements are met on the plan unless the solid waste

includes only those materials which are routinely disposed of

through regularly scheduled stops (within thirty days) from

a licensed solid waste hauler. Certification is to be given

the Township that those disposed are not recyclable.

H) Access and Traffic Control. The edges of all accessways or

driveways to any public street or highway shall be at least

fifty (50) feet from a side property line intersection with

the streetline; located at least two hundred (200) feet from

the intersection of any street lines; at least fifty (50)

feet from the edge of another driveway on the same property;

and shall be designed in a manner conducive to safe ingress

Pequea Township Zoning Ordinance 166

and egress. Exits shall be located on minor streets or

highways or of lesser classification or use. The developer

shall be responsible for the construction of any necessary

traffic control devices or additional acceleration or

deceleration required by PennDOT or the Township.

I) Interior Drives and Parking Facilities.

1) Interior drives within any industrial land development

shall be designed so as to prevent blockage of vehicles

entering or leaving the site [see Section 1404(I)].

2) Areas provided for loading and unloading of delivery

trucks and other vehicles, and for the servicing of shops

by refuse collection, fuel and other service vehicles

shall be adequate in size, and shall be so arranged that

they may be used without blockage or interference with

the use of accessways or automobile parking facilities

(see Section 1405).

3) Interior drives shall be clearly marked by adequate

painting marking, (curbing and signs) so that operations

of vehicles intending to patronize such parking areas

shall not duly impede traffic as a result of any confusions

as to the location of entrances and exits and the

manner of reaching them (see Section 1404(J)].

J) Emergency Plan of Access. A written plan of access must be

provided by the owner in the event of emergency conditions

such as fire, assuming the worst condition. All existing

uses shall have twelve (12) months to comply with this

requirement. The owner’s plan of action for emergency access

to the building shall be submitted to the Township and the

fire companies at the time of submission for the permit.

Section 1005

Specific Performance Standards

Specific performance standards shall be followed (see Section

1732).

Pequea Township Zoning Ordinance 167

Section 1006

Traffic Study

A traffic study is required for uses authorized by special

exception at Sections 1002(A), (C), (D), (E), (F), (H), (I), (J),

(K), (L), and (M). The traffic study shall comply with the

provisions of Section 1711.

Section 1007

Area, Height and Bulk Regulations

A) Lot Area. The minimum lot size shall be one (1) acre except

with regard to truck and bus terminals, including truck and

bus parking and related service and repair areas and uses, in

which case the minimum lot size shall be five (5) acres.

Other exceptions are found in Article 19.

B) Lot Coverage. Total impervious surface shall not exceed

sixty-five (65%) percent.

1) The maximum area of the lot covered by buildings shall be

fifty (50%) percent of the lot.

2) The maximum paved area shall be fifty (50%) percent of

the lot.

3) Minimum landscape area shall be at least thirty-five

(35%) percent of the lot and shall not be used for

outdoor storage.

C) Lot Width. The minimum lot width shall be one hundred and

fifty (150) feet.

D) Front Yard. The minimum front yard setback shall be seventyfive

(75) feet.

E) Side and Rear Yard. The minimum side and rear yard setbacks

shall be twenty-five (25) feet on any side, provided that

where the lot borders on a residential district or

residential use in any district, the minimum shall be one

hundred (100) feet.

F) Height Regulations. The maximum height shall be thirty-five

(35) feet except as provided in Article 17.

G) Tower and Chimney Location. Minimum setback distance shall

be equal to the height of the tower or chimney, but under no

circumstances shall be less than fifty (50) feet from any lot

line.

H) Fire Control. On-site storage of at least one (1) gallon per

each square foot of floor space, if no public water.

I) Hazardous and Flammable Materials. These materials stored or

Pequea Township Zoning Ordinance 168

used on-site shall be reported to the Township office and

fire companies and updated at least annually in October or as

new hazardous or flammable material is brought on-site.

J) In the event that any development within this District is

proposed which will not be immediately connected to a public

sanitary sewer system and public water system, minimum lot

area and yard requirements shall meet standards of 1709.

Section 1008

Additional Regulations

See Articles 13, 14, 17, and 19 for applicable areas and the more

stringent shall be complied with as compared with this Article.

Section 1009

Waste Products and Outdoor Storage

Outdoor storage is permitted provided it complies with all

setbacks specifically imposed on this district and follows all

guidelines as in the Landscape Ordinance and Performance

Standards Section 1732. Dumpsters may be permitted within the

side or rear yard, provided such dumpsters are screened [as per

Section 1710(L)(3)] and set back a minimum of one hundred (100)

feet from any adjoining residentially used or zoned properties.

All waste receptacles shall be completely enclosed.

Pequea Township Zoning Ordinance 169

12-20-04

ARTICLE 11

MOBILE HOME PARKS

Section 1100

Area and Density Regulations

A) Each mobile home park shall have a minimum area of five (5)

acres, and be served by public sewer and public water.

Mobile home parks shall only be allowed as a special

exception in the R-2 District, and mobile home parks shall

front on and gain access from a rural major collector or any

arterial roads as defined in Article 15.

B) There shall be a maximum of six (6) dwelling units per acre

in a mobile home park.

C) Each mobile home space shall contain no more than one (1)

mobile home, nor more than one (1) family.

D) Setback. The minimum setback from a public road to any

mobile home park service or accessory building, mobile home

or off-street parking facility shall conform to the setback

prescribed in Article XV of this Ordinance.

E) No mobile home, office or service building shall be located

within thirty-five (35) feet of a park boundary.

F) Each mobile home space and office or service building space

shall have a minimum area of five thousand (5,000) square

feet, a minimum front yard of thirty (30) feet, a minimum

rear yard of twenty-five (25) feet, and two side yards with

a minimum of fifteen (15) feet each. If the interior mobile

home park roads are to remain private, the minimum front yard

shall be measured from the edge of the pavement of the

interior road. In no case shall the distance between a

mobile home and a mobile home park office, maintenance

building, or another mobile home be less than thirty (30)

feet.

G) Not less than fifteen (15%) percent of the gross area of the

mobile home park, excluding service buildings or offices,

shall be set aside for useable recreation use by all park

residents. Recreation facilities other than walking or

nature trails shall not be located within any of the required

yards, screens buffers or greenbelts.

H) The total area of all impervious surface shall not exceed

sixty (60%) percent of the gross area of the mobile home

park.

Section 1101

Required Mobile Home Space and Mobile Home Stand

Pequea Township Zoning Ordinance 170

A) The mobile home foundation shall be provided with devices for

anchoring the mobile home to the foundation to prevent

overturning or uplifting of the mobile home. Anchoring

devices shall be in the form of anchor bolts or cable which

are of adequate size and material to prevent such forces and

shall be fastened securely to the base frame of the mobile

home and anchored to the footing with adequate anchor plates

or hooks.

B) Each mobile home shall be set upon and securely fastened to

a permanent foundation of block or concrete, with concrete

footings extending at least thirty-six (36) inches below

finished grade. Each mobile home stand shall be equipped

with appropriately designed utility connections.

C) Protective skirting shall be placed around the area between

the ground surface and the floor level of each mobile home so

as to prevent that area from forming a harborage for rodents,

creating a fire hazard, or exposing unsightly conditions.

Each mobile home shall be properly affixed to approved water,

sewer and electrical outlets. All mobile homes shall be

anchored according to the instructions in the owner’s manual.

The Zoning Officer shall be provided adequate information to

determine if these requirements have been met and will make

an on site inspection.

Section 1102

Service and Accessory Buildings

A) Construction. All service and accessory buildings including

management offices, storage areas, laundry buildings, and

indoor recreation areas shall be adequately constructed,

ventilated, and maintained so as to prevent decay, corrosion,

termites and other destructive elements from causing

deterioration.

B) Accessory Buildings. Service and accessory buildings may

only be constructed in accordance with an approved plan. The

Zoning Officer shall be provided adequate information to

determine if these requirements have been met and will make

an on site inspection. Attachments to individual mobile

homes in the form of sheds or lean-tos are prohibited.

C) Mobile Home Park Office. Every mobile home park office shall

have a structure designed and clearly identified as the

office of the mobile home park manager. A copy of the park

permit and of this Ordinance shall be posted therein and park

register shall at all times be kept in said office.

D) Storage Space. Occupants of each mobile home space shall be

provided with a storage shed of relatively uniform size and

shape. These shall be placed in the rear yards. Storage

sheds shall be placed on concrete slabs.

Pequea Township Zoning Ordinance 171

E) Use of Service and Accessory Buildings. Service and

accessory buildings located in a mobile home park shall be

used only by the occupants of the mobile home park or their

guests.

F) Setbacks. All accessory structures, including sheds,

porches, patios, and decks shall not be located in any

required front yard and shall not be located closer than five

(5) feet to an adjacent mobile home space.

Section 1103

Water Supply

A) Approved Source. All mobile home parks shall be connected to

a public water source.

B) Connection Required. All mobile homes and service buildings

shall be connected to the public water supply system.

Individual water-riser pipes having an inside diameter of no

less than three fourths (3/4) inch shall be provided on each

mobile home stand and shall terminate no less than four (4)

inches above the ground.

C) Protection of Lines. Adequate provisions shall be made to

protect water service lines from damage including a shut off

valve on each mobile home space below the frost line.

D) Fire Hydrants. The fire fighting system shall be planned and

installed in accordance with the most stringent of the

provisions of the Middle Department Association of Fire

Underwriters, the local Fire Company, the applicable

Subdivision and Land Development Ordinance, or other local

municipal regulations.

Section 1104

Sewage Disposal

A) Approved System. All mobile home parks shall be connected to

a public sewage system.

B) Connection Required. All mobile homes and service buildings

shall be connected to the public sewage system. Individual

sewer-riser pipes having at least a four (4) inch diameter

shall be located on each mobile home stand and shall extend

at least one (1) inch above ground level. Provision shall be

made for sealing the sewer-riser pipe with a securely

fastened plug or cap when the mobile home site is unoccupied.

C) Protection of System. Adequate provision shall be made to

protect sanitary sewers from storm water infiltration and

breakage. All sewer lines shall be constructed in accordance

with the strictest of materials approved by the DER and any

applicable municipal sewer authority or the applicable

Subdivision and Land Development Ordinance.

Pequea Township Zoning Ordinance 172

Section 1105

Storm Drainage, Erosion and Sedimentation and Floodplain Controls

A) Surface Drainage. The ground surface in all parts of the

mobile home park shall be graded and equipped to drain all

surface water in a safe and efficient manner as approved by

the Township engineer.

B) Drainage Structures. Storm sewers, culverts, and related

installations shall be provided to permit the unimpeded flow

of natural water courses, to insure the drainage of all low

points along the line of streets and to intercept storm water

run-off along streets at intervals reasonably related to the

extent and grade of the area drained.

C) Storm Water Kept Separate. Storm water shall be kept

separated from sanitary waste until the latter is treated in

a manner approved by the DER and local sewer authority.

D) All mobile home parks must conform to the requirements of the

Lancaster County Subdivision and Land Development Ordinance

or other applicable Subdivision and Land Development

Ordinance, if more stringent.

E) All mobile home parks shall be built outside 500-year

designated floodplain areas.

Section 1106

Mobile Home Park Streets

A) Interior mobile home park streets shall provide access to all

mobile homes within the mobile home park.

B) If interior mobile home park streets are to be dedicated to

the Township, such streets shall comply with all applicable

Township standards and with the standards of any applicable

subdivision and land development ordinance.

C) Interior mobile home park streets which are to remain private

shall comply with the following standards:

1) Width. All mobile home park streets shall have a cartway

width at least twenty-four (24) feet for two way streets

and twelve (12) feet for one-way streets. If on-street

parking is provided, the minimum width shall be increase

by ten (10) feet for each lane of parking.

2) Construction Standards. Pavement base and pavement

wearing surface shall be constructed according to the

Township Road Ordinance or the applicable Subdivision and

Land Development Ordinance, whichever is most stringent.

3) Curbs. Curbs shall be required on both sides of all

streets in a mobile home park. Curbs may be the vertical

Pequea Township Zoning Ordinance 173

type and shall be maintained in their original condition

at all times.

4) Clear Sight Triangle. Measured along the center lines of

intersecting mobile home roads, a clear sight triangle of

seventy-five (75) feet from the point of intersections

[as in Section 1402(C)] shall be kept except at the

intersection of a mobile home park road with a public

road where the clear sight triangle shall be one hundred

(100) feet [as in Section 1403(C)].

5) Grades. There shall be a minimum grade of 0.75 percent

and a maximum grade of six (6%) percent on all mobile

home park streets.

6) Access. Street and access drives shall be provided in

the mobile home park as principal traffic ways, and each

mobile home lot shall abut and have access to such a

street or access drive. Access to spaces or lots within

a mobile home park shall not be from public streets or

highways.

7) Maintenance. Streets and access drives within the mobile

home park shall be maintained by the mobile home park

owner.

Section 1107

Off-Street Parking Requirements

A) Adequate paved parking spaces shall be provided to

accommodate residents, guests, and employees of the mobile

home park according to the following requirements:

1) A minimum of two (2) parking spaces per mobile home space

shall be provided within, or adjacent to, each mobile

home space.

2) A minimum of one (1) visitor space shall be provided for

every three (3) mobile home spaces (or fraction thereof).

All visitor parking spaces shall be located within 200

feet of the mobile home spaces which are to be served.

3) Mobile home park offices shall have a minimum of one (1)

visitor space and one (1) space for every employee

working the largest shift.

4) All parking spaces shall be independently accessible.

B) All off-street parking spaces shall comply with the

requirements of Article 14 of this Ordinance.

Section 1108

Pedestrian Walks

Pequea Township Zoning Ordinance 174

A) Required. All mobile home parks shall provide pedestrian

walks on both sides of streets or access drives which allow

pedestrian access between individual mobile homes, service

and accessory buildings, and public rights-of-way. A paved

on-site walk shall be provided to each mobile home unit from

an adjacent sidewalk.

B) Width. All pedestrian walks shall have a minimum of four (4)

feet.

C) Construction. All pedestrian walks shall be constructed of

hard surface material such as concrete or asphalt and shall

be maintained in their original condition at all times.

Handicapped access is required at all public buildings and

intersections.

Section 1109

Ground Cover and Screening

A) Surface Protection. Ground surfaces in all parts of every

mobile home park shall be paved, covered with other solid

material or protected with vegetative growth that is capable

of preventing soil erosion and the emanation of dust during

dry weather.

B) Harmful Vegetation. Mobile home park grounds shall be

maintained free of vegetative growth which is poisonous, or

which may harbor rodents, insects or other pests harmful to

humans.

C) Landscaping and Buffers. Landscaping shall be provided in

accordance with Article XVII, General Regulations. Buffers

and greenbelts shall be provided along the boundary line

separating the mobile home park from adjacent properties in

accordance with the requirements for buffers and greenbelts

contained in Article 17, General Regulations. Also parking

screens are required at visitor parking lots [see Section

1710(L)(4)].

Section 1110

Electrical Distribution

Every mobile home park shall contain an electrical wiring system

consisting of wiring, fixtures, equipment, and appurtenances

which shall be installed and maintained in accordance with local

electric power company’s specifications regulating such systems

and other regulatory agencies. Each mobile home shall be

connected to this electrical distribution system.

Section 1111

Solid Waste and Vector Control

Solid waste disposal and vector control shall be the

responsibility of the mobile home park operator and shall be

Pequea Township Zoning Ordinance 175

performed in accordance with the requirements of the DER

regulations. Dumpsters shall be used for domestic garbage and

shall be completely enclosed and screened from view [see Section

1710(L)(3)]. Placement shall be approved by the Zoning Hearing

Board, but never closer than one hundred (100) feet to the

nearest mobile home.

Section 1112

Permits

No construction, remodeling, or alteration of a mobile home park

shall commence without applying for and receiving a permit from

the Zoning Officer and the DER. The Zoning Officer shall issue

a permit only after a plan has been approved by the Township

Zoning Hearing Board. The Zoning Hearing Board shall require

that the standards prescribed in this Article are met prior to

its approval.

Section 1113

Submission and Review of Plans

All plans submitted shall contain the following information at

a scale not smaller than one inch equals fifty feet (1" = 50′).

A) Name of mobile home park.

B) Name of municipality.

C) Date of plan preparation.

D) Graphic scale.

E) Name and address of firm preparing plan.

F) North arrow.

G) Name and address of owner of record.

H) Site data:

1) Number of mobile home spaces.

2) Number of acres.

3) Zoning districts.

4) Density per acre.

5) Number of off-street parking spaces.

I) Location map.

J) Approximate boundaries of mobile home spaces numbered

consecutively.

Pequea Township Zoning Ordinance 176

K) Location and dimension of pedestrian ways.

L) Location of off-street parking spaces.

M) Location of bench mark and datum used.

N) Location of proposed monuments and markers.

O) Location and dimensions of streets with complete curve data

on center lines.

P) Clear sight triangle at all street intersections.

Q) Typical cross section of all roads.

R) Street center line profile.

S) Location of all utilities.

T) Location, dimensions, and use of all service and accessory

structures.

U) Location and dimensions of all mobile home stands.

V) Location of all plantings and landscaping.

W) Location, screening, and type of waste containers.

X) Engineer’s or surveyor’s seal certifying survey and plan are

correct.

Y) All other requirements set forth in Article XIX and Article

XVII. When conflicting, the most stringent regulation shall

apply.

Section 1114

Inspection and Certificate of Use and Occupancy

A) Original Issuance. A Certificate of Use and Occupancy for an

approved mobile home park shall be issued by the Zoning

Officer upon presentation of a Certificate of Registration

issued by the DER and after inspection by the Zoning Officers

as provided in Article 20 of this Ordinance. A Certificate

of Use and Occupancy shall be issued only for that portion of

the mobile home park for which all improvements shown on the

approved plan have been installed. Additional Certificates

of Use and Occupancy shall be issued for each further portion

improved and ready for occupancy.

B) Renewal. The Certificate of Use and Occupancy shall be

issued for a period of one (1) year and shall expire

concurrently and require renewal at the same time as the

Certificate of Registration issued by the DER. Renewal of

Certificate of Use and occupancy shall be performed in the

Pequea Township Zoning Ordinance 177

same manner as described for issuance of the original

Certificate of Use and Occupancy.

C) Periodic Inspection. A representative of the Township may

inspect any mobile home park at reasonable intervals and at

reasonable times to determine compliance with this Ordinance.

Section 1115

Lighting

All streets, access drives, and parking compounds shall be

lighted to provide an average minimum of two (2) foot candle

level of illumination at an elevation of three (3) feet above the

ground for the safe movement of pedestrians and vehicles at

night. No direct glare off-site of the mobile home park is

permitted.

Section 1116

Temporary Living Unit

No travel or vacation trailer or other form of temporary living

unit shall be placed upon any mobile home stand or used as a

dwelling within the mobile home park.

Section 1117

Mobile Home Park Areas for Non-Residential Use

A) No part of any mobile home park shall be used for nonresidential

purposes, except such uses that are required for

direct servicing, management or maintenance of the park and

its residents or otherwise directed by this Ordinance.

B) Nothing contained in this section shall be deemed as

prohibiting the sale of a mobile home located on a mobile

home lot and connected to utilities.

Section 1118

Outdoor Living Area

An outdoor living and service space shall be provided for each

mobile home as follows:

A) Such space shall be located for privacy, convenience, and

optimum use.

B) The minimum size of such space shall be not less than three

hundred (300) square feet with the least dimension of fifteen

(15) feet.

C) Visual barriers such as walls, fences, or planting shall be

of a size and character to assure reasonable privacy and

visual appeal, but not to exceed specifications in Section

1720.

Pequea Township Zoning Ordinance 178

Section 1119

Fire Protection

A) Local Regulations. The mobile home park shall be subject to

any local fire protection rules and regulations.

B) Litter Control. Mobile home park areas shall be kept free of

litter, rubbish and other flammable materials.

C) Fire Extinguishers. Portable fire extinguishers of a type

approved by the fire authority shall be kept in service

buildings under park control.

D) Fire Hydrants.

1) Fire hydrants shall be installed in accordance with the

following requirements:

a) The water supply source shall permit the operation of

a minimum of two (2) one and one-half (1 1/2) inch

hose streams.

b) Each of two (2) nozzles, held four (4) feet above the

ground, shall deliver at least seventy-five (75)

gallons of water per minute at a flowing pressure of

at least thirty (30) pounds per square inch at the

highest point of the park.

2) Fire hydrants shall be located within six hundred (600)

feet of any mobile home, service building or other

structure in the park, and shall be installed in

accordance with all applicable municipal specifications.

3) The park management shall give the Zoning Officer or

other authorized municipal representative free access to

all mobile home sites, service buildings, utility and

other community service facilities for inspection

purposes.