Zoning Ordinance Article 18-19
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12-21-04
ARTICLE 18
NON-CONFORMING USES AND BUILDINGS
Section 1800 Continuation
Any lawful use of a building, structure, or land existing at the
effective date of this Ordinance may be continued although such
use does not conform to the provisions of this ordinance except
as otherwise provided by this Article. Signs are also subject
to the requirements of Section 1308.
Section 1801 Expansion of Non-Conforming Structures and Uses
A) Permitted Expansion Based on Building Type.
1) Single Building and Uses. No expansion of a non-conforming
structure or use shall hereafter be made unless
an application has been filed with the Zoning Hearing
Board and such expansion has been approved by such
Board as a special exception; provided however, that
the expansion of the non-conforming use shall be limited
to a distance of two hundred fifty (250) feet in
any direction from the existing non-conforming use and
to an area equal to fifty (50%) percent of the existing
non-conforming use, whichever is the lesser, or in the
case of a building, expansion shall be limited to an
area equal to fifty (50%) percent of the existing
usable floor area of the building.
2) Multiple and Similar Units. For the purpose of determining
the expansion of non-conforming buildings and
uses where the building or use is in multiple and
similar units such as but not limited to campsites,
mobile homes sites, or substantially similar apartment
units in an apartment complex or stores of similar size
in a shopping center, the expansion of non-conforming
buildings or uses shall be limited to twenty-five (25%)
percent of the number of units or by twenty-five (25%)
percent of the area, whichever results in the smaller
permissible expansion of the building or use. Nothing
herein contained shall be construed to permit the
expansion of an accessory use or to permit the conversion
of the same to a primary use under the guise of
non-conformity.
B) Notwithstanding any provision of this Ordinance to the
contrary, no provision of this Ordinance shall be construed
to enable or permit the expansion of a building, structure,
sign or use of land which existed as a non-conforming
building, structure, sign or use of land pursuant to the
provisions of any prior zoning regulation or ordinance, in
excess of the limits of expansion for a non-conforming
building, structure, sign or use of land authorized by said
prior zoning regulation or ordinance. It is the express
intent and purpose of this Ordinance that if a building,
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structure, sign or use of land was expanded to the limits
of expansion for a non-conforming building, structure, sign
or use of land as authorized by a prior zoning regulation
or ordinance, no further expansion of said building,
structure, sign, or land shall be authorized, and in the
event a non-conforming building, structure, sign or use of
land was expanded to a portion of the limits of expansion
authorized by a prior zoning regulation or ordinance,
additional expansion, if permitted by this Ordinance, shall
only be authorized to the amount of expansion not
previously utilized pursuant to said prior zoning
regulation or ordinance.
The limits set forth in this Section constitute the total
permitted expansion of a non-conforming use. For example,
if an applicant receives permission to expand to an area
equal to forty (40%) percent of the total usable land area
when the use became non-conforming, in the future the use
will only be able to expand to an area equal to ten (10%)
percent of the total land area when the use became nonconforming.
C) Expansion or Alteration.
1) Any non-conforming use within a structure may be
expanded or altered by special exception and subject to
the following criteria, and those contained in Article
19:
a) Expansion of the non-conformity shall be confined
to the lot on which it was located on the
effective date of this Ordinance, or any amendment
thereto creating the non-conformity;
b) The total of all such expansions or alterations of
use shall not exceed an additional fifty (50%)
percent of the area of those buildings or
structures devoted to the non-conforming use as
they existed on the date on which such buildings
or structures first became non-conforming. The
applicant shall furnish conclusive evidence as to
the extent to the non-conformity when it was
created;
c) Provision for building height and building area
shall be consistent with the standards required
for permitted uses in the district in which the
non-conformity in question is located;
d) Appearance should be harmonious with surrounding
properties; this feature includes but is not
limited to: enclosure of principal and accessory
uses, height control, sign control, architectural
control and maintenance of all improvements;
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e) The expansion shall not create new dimensional
non-conformities or further increase existing
dimensional non-conformities;
f) No expansion of a non-conforming structure
existing on the effective date of this Ordinance
shall be permitted in the Flood Hazard District
(see Section 408).
2) Any dimensional non-conformity may be reduced as a
permitted use. No extension or enlargement of a
dimensional non-conformity shall be permitted.
3) Expansion of non-conforming use of land. No expansion
of any non-conforming use of land shall be permitted as
of right. The Zoning Hearing Board may permit
expansion of a non-conforming use of land as a special
exception in accordance with the following criteria and
limitations:
a) Expansion of a non-conforming use of land shall be
limited to a distance of two hundred fifty (250)
feet in any direction from the existing area of
the non-conforming use or to an area equal to
fifty (50%) percent of the total land area of the
existing non-conforming use, whichever is the
lesser amount.
b) Expansion of the non-conforming use of land shall
be limited to the lot upon which the nonconforming
use was located at the time it became
non-conforming.
c) For the purpose of this Section, the total area of
a non-conforming use of land shall be computed
using the actual land area physically devoted to
the use such as quarry pits, landfill pits, or
outdoor storage facilities. The area of a nonconforming
use of land shall not include access
drives, buffer areas, or setbacks or similar areas
of a lot.
d) Provisions for vehicular access, off-street
parking, and off-street loading shall be
consistent with the standards required by this
Ordinance.
e) Buffers and screens shall be provided as necessary
to adequately protect neighboring properties.
This includes but is not limited to fences, walls,
plantings, and open space.
f) The expansion shall not create new dimensional
non-conformities or further increase existing
dimensional non-conformities.
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Section 1802 Damage to Non-Conforming Structures
A) If a non-conforming structure that has been damaged or
destroyed by explosion, fire, windstorm, lightning or a
similar cause deemed to be no fault of the owner may be
rebuilt when authorized as a special exception. Request
for special exception must be submitted within one (1) year
from the date of damage or destruction or the nonconforming
use shall not be restored.
B) No rebuilding shall be undertaken as provided herein until
plans for rebuilding have been presented and approved by
the Zoning Officer. Approval shall be for the same use or
for a use of a more restricted classification.
Section 1803 Abandonment of Non-Conforming Uses, Structures,
Signs, Billboards and Others
A) If a non-conforming use of a building or land ceases for a
period of one (1) year or more, subsequent use of such
building or land shall be in conformity with the provisions
of this Ordinance.
B) All non-conforming signs, billboards, junk and storage
areas, and similar non-conforming uses of open land, when
discontinued for a period of ninety (90) days shall be
considered abandoned and shall not thereafter be continued,
repaired or reconstructed. If any sign or billboard is
damaged to an extent of fifty (50%) percent or more of its
replacement costs, it shall be considered abandoned (see
Section 1308).
Section 1804 Substitution of Non-Conforming Uses
Once a conforming use is established, no non-conforming use
shall be permitted in the future. The Zoning Hearing Board, by
special exception, may permit the substitution of one nonconforming
use for an existing non-conforming use in accordance
with the following criteria and limitations:
A) The proposed use shall be permitted in the district in
which the existing non-conforming use would be a permitted
use or in a more restrictive zoning district than a
district in which the existing non-conforming use would be
permitted.
B) The proposed use shall not generate more traffic than the
existing non-conforming use.
C) The proposed use, if commercial or industrial in nature,
shall not have longer hours of operation than the existing
non-conforming use.
D) The proposed use shall not generate higher levels of noise,
smoke, glare, or other potential nuisance or safety hazard
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off of the property than the existing non-conforming use.
E) The proposed use shall not be more detrimental to the
neighboring properties and uses than the existing nonconforming
use.
Section 1805 Non-Conforming Lots of Record
Any nonconforming lot of record held in single and separate
ownership on the date of enactment of the first Zoning Ordinance
or held in single and separate ownership on the date of
enactment of any amendment to this Zoning Ordinance or a prior
Zoning Ordinance which rendered such lot nonconforming and which
has been continuously held in single and separate ownership
thereafter and which is not located within the Agricultural
District may be developed for any use permitted in the district
in which the nonconforming lot is located, provided that such
development complies with all setbacks, coverage, bulk, height
and other requirements in effect at the time of application.
Development of a nonconforming lot of record within the
Agricultural District shall be in accordance with Sections 503
and 1970 of this Ordinance.
Section 1806 Zoning Permits
In a case where a zoning permit has been issued prior to the
effective date of this Ordinance, and the proposed use of land
and/or building does not conform with this Ordinance, said
proposed use shall be regulated by the non-conforming use
requirements of this Ordinance and shall be considered the same
as a lawful non-conforming use if construction other than
excavations and foundations is undertaken within a period of
thirty (30) calendar days after the issuance date of said zoning
permit and construction thereof is complete within twelve (12)
months from the issuance date of the zoning permit.
Section 1807 Expansion or Extension of Side Yards for
Dimensionally Nonconforming Dwellings
Notwithstanding any provisions of this Article 18 to the
contrary, a dwelling with a dimensionally nonconforming side
yard of not less than 15 feet may be expanded or extended as of
right when all the following circumstances apply:
A) The site is within the A, R-1 or R-2 Zoning Districts.
B) The side yard setback in the R-1 or R-2 Zoning Districts is
20 feet, i.e., the dwelling is not served with public sewer
and water.
C) The expansion or extension shall not increase any
horizontal dimension of the dwelling along the
nonconforming side yard in excess of 50 percent.
D) The addition shall be physically attached to and made an
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integral part of the existing nonconforming dwelling.
E) The expansion or extension shall be limited to an area not
exceeding 50 percent of the existing floor area of the
first floor of the dwelling.
F) The expansion or extension shall not increase the
dimensional nonconformity, i.e., the expansion or extension
shall not encroach closer to the side yard than the
existing dwelling does.
G) The use of the dwelling to be expanded or extended is a
permitted use in the zoning district in which the dwelling
is located.
H) The side yard setback of the dwelling was lawful at the
time the existing dwelling was constructed.
I) All other requirements of this Ordinance shall be met.
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12-21-04
ARTICLE 19
SPECIFIC CRITERIA
SPECIAL EXCEPTIONS AND CONDITIONAL USES
Section 1900 Special Exceptions
Special exceptions are deemed uses that may be allowed in their
respective districts subject to the satisfaction of the
requirements and standards set forth in this Article, in addition
to all other requirements of this Ordinance. All such uses are
hereby declared to possess characteristics of such unique and
special forms that each specific use shall be considered as an
individual case. Before any special exception shall be granted,
the Zoning Hearing Board shall review the proposed special
exception in accordance with the following requirements and
criteria and satisfy itself that they have been met in addition
to any other requirements necessary to fulfill the objectives of
this Ordinance.
Section 1901 Application Procedures and Limitations
All applications for special exceptions shall comply with the
requirements of Article 22, Zoning Hearing Board.
Section 1902 Plan Required
A plan to scale for the proposed development of a site for a
permitted special exception shall be submitted with the
application (see Section 1903). Such plan shall show the
location of all buildings, parking areas, traffic access and
circulation drives, open spaces, landscaping, and other pertinent
information that may be necessary to determine if the proposed
special exception meets the requirements of this Ordinance. The
plan shall be submitted for review to the Township Planning
Commission, which may authorize a member to appear and present
evidence containing their comments to the Zoning Hearing Board,
if the Planning Commission decides to comment.
Section 1903 General Standards for Special Exceptions
In order to grant the special exception the Zoning Hearing Board
shall require:
A) Filing Requirements. In addition to the required zoning permit
information (Section 2003) each application for a special
exception to authorize the development of a use within the
Floodplain District, Karst Hazard District, MR-Mineral Recovery
District, Commercial District, or Industrial District;
each application for a special exception to authorize the
development of a use authorized by Section 503(B) of this
Ordinance in the Agricultural District; and each application
for a special exception within a Residential District to
authorize cluster and open space development, apartment,
townhouse or multifamily development, churches, retirement
communities, neighborhood convenience centers, or private
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schools shall include the following:
1) Ground floor plans, and elevations of proposed
structures;
2) Names and addresses of adjoining property owners
including properties directly across a public right-ofway;
3) Five (5) sets of scaled drawings (site plans) of the site
with sufficient detail and accuracy to demonstrate
compliance with all applicable provisions of this
Ordinance, but not more than one hundred (100) feet to
the inch.
4) A written description of the proposed use in sufficient
detail to demonstrate compliance with all applicable
provisions of this Ordinance.
5) The location of all existing floodplains, watercourses,
wetlands, railroads, rights-of-way, areas of subsidence,
wooded areas (marking all wooded areas to be cleared),
bridges, culverts, other significant natural features,
and historic structures promulgated by the Township,
State, or by the Historic Preservation Trust of Lancaster
County on the tract and within two hundred (200) feet of
the tract.
6) A location map showing the entire tract, the location of
all streets, adjoining tracts, and buildings within two
hundred (200) feet of the tract.
7) The location of all proposed land uses including
residential uses by types.
8) Size and intensity of use data, including the number of
residential or commercial lots, lot sizes, the number and
types of dwelling units, and the density per acre of each
type of dwelling unit.
9) Provisions to be made for the treatment and disposal of
sewage and industrial wastes and for water supply.
10) All proposed site grading and drainage provisions and
proposals.
11) Zoning districts and applicable area, bulk, and yard
requirements.
12) Certification by the person who prepared the site plan.
13) Certification of ownership and acknowledgement of plans
signed by owner and/or developer.
14) The location and arrangement of all open spaces and
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yards, hedgerows, landscaping, fences, and buffer yards,
including the methods and materials to be employed for
screening.
15) The location, size (numbers shown), arrangement and
capacity of all areas to be used for motor vehicle
access, off-street parking, off-street loading and
unloading, and provisions to be made for lighting such
areas, if any.
16) The dimensions (numbers shown), location and methods of
illumination for signs if permitted and exterior
lighting.
17) The location, dimensions, and types of sidewalks, curbs,
and all other common areas.
18) If applicable, a description of any proposed industrial
or commercial operations in sufficient detail to indicate
effects of those operations in producing noise, glare,
air pollution, water pollution, fire hazards, traffic
congestion or other safety hazards (see Section 1732).
19) Site contours at two (2) foot intervals.
B) General Criteria. Each applicant shall have the burden of
proof to demonstrate compliance with the following:
1) The proposed use shall be consistent with the purpose and
intent of this Ordinance and shall not be detrimental to
the health, safety or welfare of the neighborhood.
2) The proposed use shall not injure or detract from the use
or enjoyment or character of adjoining or nearby
properties or cause land deterioration or potentially
decrease of value of surrounding properties.
3) The proposed use shall not substantially change the
character of the subject property’s neighborhood and
shall meet the requirements of the district in which it
lies.
4) Adequate public facilities are available and existing to
serve the proposed use (e.g. schools, fire, police and
ambulance protection, sewer, water and other utilities,
parks, vehicular access, recreation, and etc.).
5) For development within the Floodplain District, that the
application complied with those requirements listed in
Article 4 of this Ordinance and the necessity of the
development to be located in the floodplain.
6) The proposed use shall comply with those criteria
specifically listed in Articles 19 and 17 of this
Ordinance. In addition, the proposed use must comply
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with all other applicable regulations contained in this
Ordinance and the Municipalities Planning Code and any
further requirements deemed appropriate by the Zoning
Hearing Board.
7) The proposed use will not impair the integrity of the
Township’s Comprehensive Plan.
8) The parking, traffic and pedestrian access shall be in
conformance with those specified in Article 14 and
elsewhere in this Ordinance.
9) The proposed use is not incompatible with the existing
traffic conditions and adjacent uses.
10) Screening and landscaping and slope of the proposed use
from adjacent uses is sufficient to prevent deleterious
impact of the proposed use upon another and to comply
with Articles 4-A and 17.
11) The use of the site complies with the requirements of any
other public agency having jurisdiction over the proposed
use.
12) Operations in connection with a use shall not be more
objectionable to nearby properties by reason of noise,
odor, fumes, vibration, glare, smoke, or other potential
nuisance or safety hazard than would be the operations of
the permitted use.
13) For certain uses, the applicant shall demonstrate through
the use of traffic studies (Section 1711) that the grant
of the use shall not increase traffic congestion in the
roads and highways of the Township more than Section
1711.
14) The proposed use or development shall not be inconsistent
with or frustrate the legislative intent of the
Agricultural District.
C) Conditions. The Zoning Hearing Board in approving special
exception applications may attach conditions considered
necessary to protect the public welfare and the purposes
listed above, including conditions and safeguards which are
more restrictive but not less than those established for other
uses in the same district. These conditions shall be enforceable
by the Zoning Officer and failure to comply with such
conditions shall constitute a violation of this Ordinance and
be subject to the penalties described in Article 23.
D) Site Plan Approval. Any site plan presented in support of the
special exception pursuant to Section 1903 shall become an
official part of the record for said special exception.
Approval of any special exception shall also bind the use in
accordance with the submitted site plan; therefore, should a
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change in the site plan be required as part of the approval
of the use, the applicant shall revise the site plan prior to
the issuance of a zoning permit. Any subsequent change to the
use on the subject property not reflected on the originally
approved site plan, shall require the obtainment of another
special exception approval.
Section 1904 Semi-Detached Buildings in Commercial and
Industrial Districts
The Zoning Hearing Board may allow, as a special exception, the
elimination of adjacent side or rear yards on two (2) adjacent
lots in a commercial or industrial district provided the
following conditions and standards are adhered to:
A) The general standards in Section 1903 are met.
B) The owners of the adjacent lots jointly request the
elimination.
C) The buildings to be constructed will be built at the same time
and will be physically connected to each other and have
uniform facades and roof lines.
D) No more than one (1) side yard or rear yard will be eliminated
per lot.
E) Fire walls are to separate the buildings from basement to peak
of roof.
Section 1905 Rest Areas
Rest areas as defined herein may be a special exception use in
any district except the Agricultural District. Criteria shall
include:
A) Rest areas shall be set back at least five (5) feet from the
right-of-way lines from the street.
B) No rest areas shall be greater than thirty (30) feet in
dimension.
C) Any walkways shall be concrete or macadam at least four (4)
feet in diameter.
D) Any landscaping, memorials, statues, fountains or flagpoles
shall not create a danger as a visual barrier to passing
traffic on public road or a private driveway or to pedestrian
traffic.
E) No lighting shall be provided.
F) Adequate litter controls shall be provided with regular trash
removal on a scheduled basis.
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G) At least one (1) park bench shall be provided.
H) If public toilets or fountains are provided, they must be
serviced by public water and public sewer. The toilets shall
be locked after dark until dawn. Inside lights shall be
provided in the toilets.
I) Landscaping growth shall be a major section of the rest area.
J) Flagpoles in rest areas may not be higher than twenty (20)
feet; memorials and statues no higher than ten (10) feet.
K) Any surrounding parking shall be curbed to prevent intrusion
of vehicles.
L) A zoning permit shall be required if the special exception is
granted.
M) A bus shelter may also be part of the rest area (see Section
1935).
Section 1906 Neighborhood Convenience Center
Within the R2 District, neighborhood convenience centers may be
permitted by special exception subject to the following criteria.
The development standards and procedures contained herein are
designed to allow such centers to become and remain an integral
part of the neighborhood.
A) A neighborhood convenience commercial center may be provided
as part of a minimum of four hundred (400) dwelling unit R2
District development proposal. For each four hundred (400)
units proposed, one (1) acre of neighborhood commercial uses
may be constructed.
B) The granting of this special exception is tied to the actual
construction of a minimum of three hundred (300) dwelling
units, plus the road system serving the entire four hundred
(400) dwelling units.
C) Such neighborhood convenience commercial uses shall be located
at the intersection of any arterial or rural major or rural
minor collector road and the primary entrance to the proposed
R2 District development. Direct vehicular access to the
neighborhood convenience commercial center shall be limited
to the street within the proposed residential development.
Furthermore, any access drive into the neighborhood
convenience commercial parking lot shall be setback a minimum
of one hundred and fifty (150) feet from the arterial or
collector street right-of-way line along the site’s frontage
(see Section 1403); all parking shall be off-street and not
permitted except abutting a public road.
D) No individual unit shall exceed two thousand (2,000) square
feet of floor space. The following types of establishments
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shall be allowed and no other: grocery store, barber shop
and/or beauty parlor, drug store, bakery goods store, dry
cleaning collection system, laundromat, or an establishment
which the Zoning Hearing Board feels is of the same character
of the above. Specifically prohibited are automobile related
uses, video stores, adult-related uses, professional offices,
realty offices and drive-thru businesses. No more than two
(2) amusement devices (as defined herein) shall be allowed in
the neighborhood convenience center.
E) The proposed neighborhood convenience center shall be
integrated with the R2 District development, and shall be
linked by safe and convenient pedestrian walkways.
F) No neighborhood convenience center shall be located within two
thousand (2,000) feet of another neighborhood convenience
commercial center or local convenience store or a commercial
district.
G) Such commercial center shall be set back a minimum of one
hundred (100) feet and be screened from adjoining residences
and follow other commercial landscape regulations.
H) No outdoor storage shall be permitted. Dumpsters shall be
enclosed as required by this Ordinance and located behind the
building.
I) One (1) freestanding sign for the entire neighborhood
convenience center shall be permitted along the R2 district
development’s access drive (not along the R2 district
development site’s frontage). Such sign shall follow
Commercial District sign regulations and will be setback at
least seventy-five (75) feet from the arterial or collector
street right-of-way along the site’s frontage.
J) All other design standards prescribed in the Commercial
District shall apply to the proposed neighborhood convenience
center store(s) unless more stringent regulations are required
by the Zoning Hearing Board.
K) The neighborhood convenience center shall be supplied with
public sewer and public water.
L) A fire hydrant shall be located within one hundred (100) feet
of the building.
M) Site of building shall be on less than four (4%) percent
slope.
N) Lighting shall prevent glare outside the neighborhood
convenience center’s lot.
O) Hours of operation shall not be earlier than 6 a.m. or later
than 11 p.m.
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P) Adequate trash receptacles shall be available outside and a
plan for litter disposal and patrol will be presented to the
Zoning Hearing Board.
Q) Plan. The proposed development is to be in accordance with
a unified site plan and architectural and landscaping scheme
as submitted under Sections 1902 and 1903. Expansion of the
neighborhood convenience center beyond the originally planned
development shall not be permitted. The entire development
need not be in a single ownership or built and financed by a
single party if satisfactory evidence is shown that all
parties concerned are legally bound to conform to the above
site plan and architectural scheme.
R) Floor Area. The floor area devoted to any one establishment
shall not exceed fifty (50%) percent of the total floor area
available.
S) Sidewalks and straight standard curbs shall be constructed
around the perimeter of convenience center parking (except
where handicapped provisions are to be made in the curbs) and
within all public rights of way abutting the neighborhood
convenience center in the location and according to
specifications of the Zoning Hearing Board.
T) A traffic study is required.
Section 1907 Apartment, Townhouse and Multi-Family
Dwellings in R2 Residential District
These dwellings may be allowed in the R2 District as special
exceptions provided the following are adhered to:
A) General standards in Section 1903 are adhered to.
B) All dwelling units are connected to public water and public
sewer.
C) The tract containing the apartment, townhouse or multi-family
dwelling must be located directly adjacent to and abutting and
gaining access from any rural collector road or any arterial
road as classified under this Ordinance (see Article 15).
D) Other conditions as set forth by the Zoning Hearing Board.
E) A traffic study is required.
Section 1908 Temporary Farm Employee Housing
A) Within the Agricultural District and Mineral Recovery
District, temporary farm employee housing may be permitted by
special exception subject to the following criteria.
B) For each farm, one (1) mobile home is permitted for the use
of farm workers (and their families), who are employed by the
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owner of the farm, for such time as the employee works full
time on the land of the owner.
C) All such units shall be located within the rear yard of the
farm dwelling and shall further comply with all setback
requirements imposed upon single-family detached dwellings.
D) Such mobile homes shall be securely anchored to a mobile home
stand; a six (6) inch thick poured concrete slab over a six
(6) inch stone base, the length and width of which shall be
at least equal to the dimensions of the mobile home. Each
mobile home pad shall include properly designed utility
connections.
E) The mobile home shall be occupied at least six months a year
by at least one person who is employed full time on the farm
where the mobile home is located. If this condition is not
satisfied, the mobile home shall be removed within 120 days.
F) The mobile home cannot be rented to non-farm employees.
G) A certificate of use and occupancy as set forth in this
Ordinance shall be renewed annually to determine compliance
with this subsection. Failure to meet such occupancy permit
requirement shall result in the removal of the mobile home
from the premises.
Section 1909 Animal Waste Storage Facilities
Animal waste storage facilities as an accessory use as defined
herein may be permitted as an accessory use to a farm as of right
in the Agricultural District or Mineral Recovery District and as
a conditional use in all other zoning districts in accordance
with the following requirements:
A) Waste storage facilities shall be designed in compliance with
the guidelines outlined in the publication Manure Management
for Environmental Protection, Bureau of Water Quality
Management Publication No. 43, and any revisions, supplements,
and replacements thereof, published by DER.
B) All waste storage facilities’ designs shall be reviewed by the
Lancaster County Conservation District. The applicant shall
furnish a letter from the Conservation District attesting to
approval of the design of the proposed facility and fulfilling
all of the Lancaster County Conservation District guidelines.
C) Construction and subsequent operation of the waste storage
facility shall be in accordance with the zoning permit and the
approved design. The Township Sewage Enforcement Officer must
be notified at least fourteen (14) days before construction
begins for proper supervision of construction. Any design
changes during construction or subsequent operation will
require the obtainment of another review by the Lancaster
County Conservation District.
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D) All waste storage facilities shall be setback at least five
hundred (500) feet from a dwelling other than that of the
owner, three hundred (300) feet from any residentially-zoned
property line, and two hundred (200) feet from any other
property line.
E) Waste storage facilities shall be used only for the storage
of animal wastes produced by animals maintained on the farm
to which the facility is an accessory use.
Section 1910 Sale of Agricultural Products
The display and retail sale of agricultural products such as
vegetables, fruits and eggs in a permanent structure may be
permitted by special exception in the Agricultural, MR-Mineral
Recovery, R1, R2 and Commercial Districts provided that the
following conditions are met:
A) The structure may only be erected and operated on land which
is owned in whole or in part by the seller of the agricultural
products.
B) At least fifty (50%) percent of products for sale shall be
agricultural products grown and produced by the seller. It
is the intent of this provision to comply with the
requirements of the Right to Farm Act.
C) The general standards of Section 1903 are met.
D) Off-street parking for at least three (3) cars be available
and that it comply in all other respects with Article 14.
E) The structure shall be set back as far as the building setback
line (see Article 15).
F) The structure not exceed one thousand five hundred (1,500)
square feet of floor space devoted to the selling of
agricultural products.
G) For sale of agricultural products in temporary or portable
structures, see Section 1735.
Section 1911 Agribusiness and Intensive Agricultural
Production
Those poultry operations and confined livestock operations
falling within the definition of agribusiness or intensive
agricultural production or mushroom houses may be permitted by
special exception in the Agricultural District or the Mineral
Recovery District provided that the following conditions are met:
A) A plan is submitted setting forth and indicating the system
and manner by which liquid and solid waste will be disposed
of. Said system will be designed and constructed so that the
disposal of liquid and solid waste will not pollute surface
Pequea Township Zoning Ordinance 294
or subsurface waters either on or off-site. Further, said
system will be constructed and utilized in accordance with the
standards and procedures set forth by DER and the Township
nutrient management ordinance plus other government agencies
such as the Lancaster Conservation District and Section 1729.
B) No structure for housing of poultry, livestock, feedlot or
mushroom operations shall be located:
1) Within five hundred (500) feet of any residential
structure other than a structure in which the applicant
resides located on the same lot.
2) Within one hundred twenty-five (125) feet of any street
right-of-way line.
3) Within one hundred twenty-five (125) feet from any
property line other than other property of applicant in
Agricultural or MR-Mineral Recovery District.
4) Within five hundred (500) feet from adjoining property
line other than Agricultural or Mineral Recovery
District.
C) Each structure or other confined area shall be equipped with
such equipment, machinery, mechanisms, processes and/or other
devices as are needed to eliminate, reduce and/or control
odors, insects, and the adverse effects of pollution and other
environmental problems. It is the intent of this provision
that the applicant for a special exception to conduct an
agribusiness shall be required to demonstrate that the
structure and/or other confined area in which the agribusiness
is to be conducted will be equipped with the most advanced
technological equipment available so as to eliminate, reduce
or control the adverse effects of odors, insects, pollution
and other environmental problems upon neighboring properties.
After a hearing upon the special exception, the Zoning Hearing
Board shall determine what equipment, machinery, mechanisms,
processes and/or devices shall be utilized by the applicant
or other party desiring to erect, maintain, operate or use the
structure or other confined area for agribusiness and in so
doing the Zoning Hearing Board shall examine and consider the
topography, the nature and cost of the equipment available,
the size and magnitude of the intended operation and the
proximity of the site to neighboring residential, commercial
or industrial properties, and the possible or probably
environmental impact on such neighboring properties.
D) No dead birds or livestock shall be disposed of on the
property except in strict accordance of the applicable
standards of DER and pending such disposition the same shall
be held in air-tight containers.
E) The Zoning Hearing Board shall approve the location of buildings.
Pequea Township Zoning Ordinance 295
F) In rendering a decision hereunder, the Zoning Hearing Board
may impose reasonable conditions on the use, including ongoing
conditions, including but not limited to, cleaning methods and
processes, vehicular traffic, and the disposition of waste.
Section 1912 Solid Waste Disposal Facilities
Solid waste disposal facilities may be permitted by special
exception within the Mineral Recovery District. Such facilities
shall comply with all regulations generally applicable to special
exception uses and shall in addition comply with the following
regulations:
A) The applicant shall obtain any required permit or permits from
DER and, upon receipt thereof, shall present such permit or
permits to the Township.
B) The applicant shall present duplicate sets of the plans,
specifications, applications and supporting data that have
been or shall be presented to DER for review to the Zoning
Hearing Board. If such special exception is granted, the
operation shall continue to present such documentation to the
Township when it is submitted to DER.
C) Operation of the facility shall at all times comply with all
applicable state and federal regulations. This shall include,
but not be limited to, the Solid Waste Management Act, the
Municipal Waste Planning, Recycling and Waste Reduction Act
or any subsequent amendment or enactment of the Pennsylvania
General Assembly regulating waste disposal, recycling and
recovery and the regulations of DER implementing such
statutes.
D) Operation of the facility shall at all times comply with all
applicable regulations of the Lancaster County Solid Waste
Management Authority or any successor agency. Any permits or
approvals required by such agency shall be obtained by the
applicant, and evidence of the grant of such permits or
approvals shall be submitted to the Township.
E) A five hundred (500) foot setback shall be maintained from all
property lines during the operation of the disposal facility
within which disposal or transfer activities shall not be
permitted.
F) No structure or parking areas shall be located closer than one
hundred (100) feet to any property line.
G) Any area used for unloading, transfer, or deposition of refuse
shall be completely screened from view at the property line.
The use of an earthen berm is encouraged where practicable.
In addition, such areas shall also be completely enclosed by
an eight (8) foot-high fence, with no openings greater than
two (2) inches in any direction. All buffering and screening
shall comply with the provisions of Section 1710 herein. A
Pequea Township Zoning Ordinance 296
clear sight triangle shall be maintained at all private access
drives and all private and public street intersections. The
screen planting shall be broken only at points of vehicular
or pedestrian access.
H) The applicant shall provide an analysis, prepared by a
professional engineer experienced in the field of traffic
analysis, of the physical conditions of the primary road
system serving the site in accordance with Section 1711.
I) If the traffic study demonstrates that improvements to
Township or state roads shall be required in order to serve
the proposed use or to alleviate direct impacts of the
proposed use upon the traffic network, the applicant shall
make such improvements.
J) Sufficiently-long vehicle stacking lanes into the facility
shall be provided so that vehicles waiting to be weighed will
not back-up onto public roads.
K) All access drives onto the site shall be paved to a cartway
width of thirty-five (35) feet for a distance of at least two
hundred (200) feet from the street right-of-way line. In
addition, a one hundred (100) foot-long crushed stone section
of driveway shall be placed just beyond the preceding two
hundred (200) foot paved section to help collect any mud that
may be attached to a vehicle’s wheels.
L) The applicant shall demonstrate that the water supplies for
neighboring properties shall not be adversely affected by the
proposed use. In order to fulfill this requirement, the
applicant shall submit to the Zoning Hearing Board a hydrogeologic
study performed by a qualified hydrogeologist or other
similar professional. Such study shall be prepared in
accordance with accepted hydrogeological standards and
practices; shall contain the sources of all test data,
including but not limited to wells evaluated as part of the
study; and shall clearly set forth the conclusions and
recommendations of the professional.
M) The operation shall limit access to the site to those posted
times when an attendant is on duty. In order to protect the
public health, safety and welfare, access drives shall be
secured by fences, locks, gates, and other means to deny
access at unauthorized times.
N) The operator shall maintain and make available to the public
at its office all permits and approved plans required by all
governmental regulatory agencies having jurisdiction over the
permitting, operation, maintenance and/or reclamation of such
a facility.
O) The operator shall provide the Township with copies of any
notices of violation received from DER or EPA within two (2)
weeks from the date such notice of violation was received by
Pequea Township Zoning Ordinance 297
the operator.
P) The unloading, transfer and deposition of solid waste shall
be continuously supervised by a qualified facility operator.
Vibration and emissions into the air shall not be permitted
outside the property. All regulations relating to the control
of noise shall be observed.
Q) Hazardous waste as defined by the Solid Waste Management Act,
the Municipal Waste Planning, Recycling and Waste Reduction
Act, or the regulations of DER shall not be disposed of within
the proposed area.
R) Litter control procedures shall be exercised to prevent the
scattering of wind-borne debris, and a plan for the clean-up
of litter shall be submitted to the Township.
S) Leachate from the solid waste shall be disposed of in
compliance with all applicable State and Federal laws or
regulations. If leachate is to be discharged to a municipal
sewage facility, appropriate permits shall be obtained from
the applicable agencies and authorities. In no event shall
leachate be disposed of in a storm sewer, to or into the
ground, or in any manner inconsistent with DER regulations.
T) The facility shall front upon, and gain access from a rural
major collector or arterial road. The identification of road
status in Article 15 herein shall determine whether such road
is a collector or arterial road.
U) The minimum lot area shall be ten (10) acres.
V) There shall be no operations on Sunday or legal holidays and
no operation between 7:00 p.m. and 7:00 a.m. on other days.
W) Where screening, plantings or fencing have been installed,
such screening, plantings and fencing shall be permanently
maintained. All required plant materials which die shall be
promptly replaced in accordance with recognized nursery
standards. All fencing shall be maintained in good repair.
Pequea Township Zoning Ordinance 298
Section 1913 Quarries and Mines
Quarries and mines for the extraction of stone and minerals may
be permitted by special exception within the Mineral Recovery
District. Such facilities shall comply with all regulations
generally applicable to special exception uses and shall in
addition comply with the following regulations:
A) As a part of each application, the applicant shall furnish an
accurate survey site plan at a scale no less than one (1) inch
equals four hundred (400) feet, showing the location of the
tract or tracts of land to be affected by the operation. The
surveyed site plan shall be sealed by a registered
professional engineer or a registered professional land
surveyor and shall include the following:
1) The boundaries of the proposed affected area, together
with drainage area above and below the area.
2) The location and names of the types and resources to be
extracted or quarried and names of all natural and
manmade features such as streams, roads, railroads, and
utility lines on or immediately adjacent to the area.
3) The location of all buildings within one thousand (1,000)
feet of the parcel and the names and addresses of the
owners and present occupants, and the location of rightsof-
way and easements, abutting and/or adjacent zoning
districts and land uses.
4) The purpose for which each building is used and estimated
depth of the proposed operation and land area to be
excavated with dimensions.
5) Proposed alterations to water courses to assure stream
quality and quantity.
6) The name of the owner of the affected area and total
acreage, and the names and addresses of adjacent land
owners.
7) Any proposed fencing and landscaping.
8) A contour map showing cross sections of the proposed
quarry area including a detailed hydrogeologic
groundwater study based on complete site studies.
B) The applicant shall obtain any required permit or permits from
DER and, upon receipt thereof, shall present such permit or
permits to the Township.
C) The applicant shall present duplicate sets of the plans,
specifications, applications and supporting data that have
been or shall be presented to DER for review to the Zoning
Hearing Board. If such special exception is granted, the
Pequea Township Zoning Ordinance 299
operator shall continue to present such documentation to the
Township when it is submitted to DER.
D) Operation of the facility shall at all times comply with all
applicable state and federal statutes and regulations. This
shall include, but not be limited to, the Non-coal Surface
Mining Conservation and Reclamation Act, Act of December 19,
1984, P.L. 1093, No. 219, as amended, 52 P.S. §3301 et seq.,
or any subsequent amendment or enactment of the Pennsylvania
General Assembly regulating mining, and the regulations of DER
implementing such statutes.
E) The minimum lot area shall be fifty (50) acres.
F) A fence measuring eight (8) feet high must enclose the area
of actual quarrying or excavation. It shall not be less than
fifty (50) feet from the edge of excavation. The fence used
shall have openings less than three (3) inches in any
dimension, if any. A vegetative screen must be provided along
the outside of the fence, facing away from the quarry, with
plantings at least thirty-six (36) inches high and placed in
a double-staggered row with no more than five (5) feet between
plants. The vegetation shall be of a variety to obtain a
height of at least eight (8) feet at maturity. Where adjacent
to a residential district or public right-of-way, trees and
shrubs shall be planted which will screen the operation completely
from normal view. All greenbelts, screenings and
buffers required by Section 1710 herein shall be provided.
G) The applicant shall demonstrate that the water supplies for
neighboring properties shall not be adversely affected by the
proposed use. In order to fulfill this requirement, the
applicant shall submit to the Zoning Hearing Board a hydrogeologic
study performed by a qualified hydrogeologist or other
similar professional. Such study shall be prepared in
accordance with accepted hydrogeological standards and
practices; shall contain the sources of all test data,
including but not limited to wells evaluated as a part of the
study; and shall clearly set forth the conclusions and
recommendations of the professional.
H) The operator shall limit access to the site to those posted
times when an attendant is on duty. In order to protect the
public health, safety and welfare, access drives shall be
secured by fences, locks, gates, and other means to deny
access at unauthorized times.
I) Vehicular access shall be designed as to minimize danger and
congestion along adjoining roads and to avoid the creation of
nuisances to nearby properties.
J) Sufficiently-long vehicle stacking lanes into the facility
shall be provided so that vehicles waiting to be weighted will
not back-up onto public roads.
Pequea Township Zoning Ordinance 300
K) All access drives onto the site shall be paved to a cartway
width of thirty-five (35) feet for a distance of at least two
hundred (200) feet from the street right-of-way line. In
addition, a one hundred (100) foot-long crushed stone section
of driveway shall be placed just beyond the preceding two
hundred (200) foot paved section to help collect any mud that
may be attached to a vehicle’s wheels.
L) The facility shall front upon, and gain access from, a rural
major collector or any arterial road. The identification or
road status in Article 15 herein shall determine whether such
road is a rural major collector or arterial road.
M) The applicant shall provide an analysis, prepared by a
professional engineer experienced in the field of traffic
analysis, of the physical conditions of the primary road
system serving the site in accordance with Section 1711.
N) If the traffic study demonstrates that improvements to
Township or state roads shall be required in order to serve
the proposed use or to alleviate the direct impacts of the
proposed use upon the traffic network, the applicant shall
make such improvements.
O) The operator shall maintain and make available to the public
at its office all permits and approved plans required by all
governmental regulatory agencies having jurisdiction over the
permitting, operation, maintenance and/or reclamation of such
a facility.
P) The operator shall provide the Township with copies of any
notices of violation received from DER or EPA within two (2)
weeks from the date such notice of violation was received by
the operator.
Q) There shall be no operations on Sunday or legal holidays and
no operation between 7:00 p.m. and 7:00 a.m. on other days.
R) All mining operations shall comply with the following
requirements:
1) Shall not injure or detract from the lawful existing or
permitted use of neighboring properties.
2) Shall not create any damage to the health, safety, or
welfare of the Township or its residents or property
owners.
3) Shall not pollute the air in excess of standards set by
federal or state statues or regulations.
4) Shall not create noises in excess of permitted levels
established by federal or state statutes or regulations
or Township Ordinances.
Pequea Township Zoning Ordinance 301
5) Shall not exceed the blasting parameters established by
the Pennsylvania Bureau of Mining and Reclamation.
6) Shall not permit vibrations perceptible as detected by
the adjacent or adjoining landowner’s natural innate
sensory input at any adjoining or adjacent property in
different ownership or at public rights-of-way.
7) Shall not permit the emission of dust, smoke, refuse
matter, odor, gas, fumes, noise or similar substances or
conditions which can endanger the health, safety or
general welfare or which can cause any soiling or staining
of persons or property at any point beyond the
property line of the use creating the emission.
8) Shall not permanently impede the flow of natural
watercourses.
9) Shall be conducted in a manner which will not allow water
to collect and permit stagnant water to remain in
quarries or excavations.
S) At the time of application for a special exception, an
operations statement shall be submitted which shall include
a detailed description of methods for satisfactorily handling
operations with respect to the emission of noise, dust, blast,
smoke, refuse matter or water, odor, gas, fumes or similar
substances or conditions which may endanger the health,
safety, or general welfare or which can cause any soiling or
staining of persons or property beyond the property line. All
such operations statements shall be in full compliance with
all applicable state and federal statutes and regulations as
well as this Ordinance. All pollution, soil erosion and
sedimentation control, and other environmental problems
created during the operation including the production,
transportation, processing, stockpiling, storage and disposal
of products, byproducts and wastes shall be corrected by the
operator.
T) At the time of application for a special exception, a
reclamation plan shall also be submitted setting forth the
following information:
1) An engineering drawing showing ownership, existing and
future topography, streams, existing roads, buildings,
boundaries, and legal description of the tract.
2) A description of the location, type, extent, methods, and
time schedule for the operation proposed.
3) A drawing showing the location and/or proposed relocation
of land, trees, buildings, structures, public roads,
streams, drainage facilities, and utility lines on the
tract or adjacent tracts as may require protection,
repairs, clearing, demolition or restoration either
Pequea Township Zoning Ordinance 302
during or following the completion of the operations
proposed.
4) A plan for re-use of the land after completion of the
operations which shall permit the carrying out of the
purposes of this Ordinance and appropriately provide for
any restoration, reclamation, reforestation or other
correction work deemed necessary and which shall comply
with all applicable state and federal statutes and
regulations governing the reclamation of the proposed
facility.
U) After the termination of operations, the area must be
rehabilitated to conform with the reclamation plan and all
applicable federal and state statutes and regulations.
V) Within ninety (90) days after the commencement of surface
mining operations and each year thereafter, the operator shall
file an operations and progress report with the Zoning Officer
setting forth the following:
1) The name and address and number of the operator.
2) The location of the operation with reference to the
nearest public road.
3) A description of the tract or tracts, including a site
plan showing the location of all improvements,
stockpiles, quarry pits, etc.
4) The name and address of the landowner or his duly
authorized representative.
5) An annual report of the type and quantity of material
produced.
6) The current status of the reclamation work performed
pursuant to the approve reclamation plan.
7) A maintenance report for the site verifying that all
required fencing, berming and screening has been
specifically inspected for needed repairs and/or maintenance
and that such needed repairs and/or maintenance
have been performed.
8) Verification that the proposed use continues to comply
with all applicable State regulations. The operator
shall furnish copies of any approvals, permits and/or any
notices of violations issued by DER to the Zoning
Officer.
W) A five hundred (500) foot setback shall be maintained from all
property lines during the operation of the quarry or mine
within which quarrying or mining activities, including
blasting and stone crushing, shall not be permitted.
Pequea Township Zoning Ordinance 303
X) No structures or parking areas shall be located closer than
one hundred (100) feet to any property line.
Y) Waste products in waste containers may be placed within side
and rear yards, provided that they are screened from adjoining
roads and properties. All such containers shall be set back
not less than one hundred (100) feet from any adjoining
property. All such containers shall be completely enclosed
by a fence or wall.
Z) Where screening, plantings or fencing have been installed,
such screening, plantings and fencing shall be permanently
maintained. All required plant materials which die shall be
promptly replaced in accordance with recognized nursery
standards. All fencing shall be maintained in good repair.
AA) For any application for a special exception for quarrying or
mining in the Agricultural District submitted to the Township
prior to the enactment of Ordinance No. 85, the provisions of
§1913 in effect prior to the enactment of Ordinance No. 85,
effective October 24, 1990, shall be saved from repeal insofar
as they shall regulate quarries and mining operations within
the Agricultural District for which special exceptions or
permits previously have been obtained and which are in full
force and effect on the effective date of Ordinance No. 85 or
for which applications for special exceptions or permits have
been made prior to and which are pending on the effective date
of Ordinance No. 85.
Section 1914 Conditional Uses
A) Filing of Conditional Use Applications. For any use that may
be permitted by conditional use, the applicant shall obtain
conditional use approval from the Supervisors. The applicant
shall submit an application for conditional use approval in
accordance with the requirements of Section 2206, Application
Requirements and Procedures, and Section 1902, Plan Required.
Any reference in such Sections to the "Zoning Hearing Board"
shall be replaced with the "Supervisors", and any reference
to "special exception" shall be replaced with "conditional
use".
1) Ground floor plans and elevations of proposed structures.
2) Names and addresses of adjoining property owners
including properties directly across a public right-ofway.
3) A scaled drawing (site plan) of the site with sufficient
detail and accuracy to demonstrate compliance with all
applicable provisions of this Ordinance.
4) A written description of the proposed use in sufficient
detail to demonstrate compliance with all applicable
provisions of this Ordinance.
Pequea Township Zoning Ordinance 304
B) General Criteria. Each applicant shall have the burden of
proof to demonstrate compliance with the following:
1) The proposed use shall be consistent with the purpose and
intent of the Ordinance and shall not be detrimental to
the health, safety, or welfare of the neighborhood.
2) The proposed use shall not detract from the use or
enjoyment or character of adjoining or nearby properties
or cause land deterioration or potentially decrease of
value or surrounding properties.
3) The proposed use will not effect a change in character of
the subject property’s neighborhood.
4) Adequate public facilities are available to serve the
proposed use (e.g. schools, fire, police and ambulance
protection, sewer, water, and other utilities, parks,
vehicular access, recreation, etc.).
5) For development within the Floodplain that the
application complies with those requirements listed in
Article 4 of this Ordinance and the necessity of the
development to be located in the floodplain.
6) The proposed use shall comply with those criteria
specifically listed in the specific criteria and general
regulations of this Ordinance. In addition, the proposed
use must comply with all other applicable regulations of
this Ordinance.
7) The proposed use shall not impair the integrity of the
Township’s Comprehensive Plan.
8) The parking, traffic and pedestrian access shall be in
conformance with those specified in Article 14 and
elsewhere in this Ordinance.
9) The proposed use is not incompatible with the existing
traffic conditions and adjacent uses.
10) Screening and landscaping and slope of the proposed use
from adjacent uses is sufficient to prevent deleterious
impact of the proposed use upon another and to comply
with Articles 4-A and 17.
11) The use of the site complies with the requirements of any
other public agency having jurisdiction over the proposed
use.
12) Operations in connection with a use shall not be more
objectionable to nearby properties by reason of noise,
odor, fumes, vibration, glare, smoke, or other potential
nuisance or safety hazard than would be the operations of
the permitted use.
Pequea Township Zoning Ordinance 305
13) For certain uses, the applicant shall demonstrate through
the use of traffic studies that the grant of the use
shall not increase traffic congestion in the roads and
highways of the Township [see Section 1711(H)].
C) Conditions. The Board of Supervisors in approving conditional
use applications may attach conditions considered necessary
to protect the public welfare and the purposes listed above,
including conditions which are more restrictive but not less
than those established for other uses in the same district.
These conditions shall be enforceable by the Zoning Officer
and failure to comply with such conditions shall constitute
a violation of the ordinance and be subject to the penalties
described in this Ordinance.
D) Site Plan Approval. Any site plan presented in support of the
conditional use pursuant to this Section shall be an official
part of the record for said conditional use. Approval of any
conditional use shall also bind the use in accordance with the
submitted site plan; therefore, should a change in the site
plan be required as part of the approval of the use, the
applicant shall revise the site plan prior to the issuance of
a zoning permit. Any subsequent change to the use on the
subject property not reflected on the originally approved site
plan, shall require conditional use approval.
E) Hearing Procedures. Before voting an application for a
conditional use, the Supervisors shall hold a public hearing
thereon, pursuant to public notice. The Supervisors shall
submit each application to the Township Planning Commission
prior to the hearing on such application to provide the
Township Planning Commission an opportunity to submit
recommendations or to make a determination to appear before
the Supervisors to submit testimony in support of or
opposition to the application. All public hearings shall be
conducted in accordance with the applicable requirements of
the Municipalities Planning Code and the Local Agency Law.
F) Expiration. Conditional uses shall expire in the same manner
as special exceptions (see Section 2203).
Section 1915 Resource Recovery and Recycling Facilities
Resource recovery and recycling facilities may be permitted by
special exception within the Mineral Recovery District. Such
facilities shall comply with all regulations generally applicable
to special exception uses and shall in addition comply with the
following regulations:
A) The applicant shall obtain any required permit or permits from
DER and, upon receipt thereof, shall present such permit or
permits to the Township.
B) The applicant shall present duplicate sets of plans,
specifications, applications and supporting data that have
Pequea Township Zoning Ordinance 306
been or shall be presented to DER for review to the Zoning
Hearing Board. If such special exception is granted, the
operator shall continue to present such documentation to the
Township when it is submitted to DER.
C) Operation of the facility shall at all times comply with all
applicable state and federal statutes and regulations. This
shall include, but not be limited to, the Municipal Waste
Planning, Recycling and Waste Reduction Act or any subsequent
amendment or enactment of the Pennsylvania General Assembly
regulating waste recycling and recovery and the regulations
of the Department of Environmental Resources implementing such
statutes.
D) Operation of the facility shall at all times comply with all
applicable regulations of the Lancaster County Solid Waste
Management Authority or any successor agency. Any permits or
approvals required by such agency shall be obtained by the
applicant and evidence of the grant of such permits or
approvals shall be submitted to the Township.
E) The minimum lot area shall be ten (10) acres.
F) A fence measuring eight (8) feet high shall enclose the
facility. The fence shall have openings less than three (3)
inches in any dimension, if any. A vegetative screen must be
provided along the outside of the fence, facing away from the
facility, with plantings at least thirty-six (36) inches high
and placed in a double-staggered row with no more than five
(5) feet between plants. The vegetation shall be of a variety
to obtain a height of at least eight (8) feet at maturity.
All greenbelts, screenings, and buffers required by Section
1710 herein shall be provided. The use shall be screened
completely from normal view.
G) The applicant shall demonstrate that the water supplies for
neighboring properties shall not be adversely affected by the
proposed use. In order to fulfill this requirement, the
applicant shall submit to the Zoning Hearing Board a hydrogeologic
study performed by a qualified hydrogeologist or other
similar professional. Such study shall be prepared in
accordance with accepted hydrogeological standards and
practices; shall contain the sources of all test data,
including but not limited to wells evaluated as a part of the
study; and shall clearly set forth the conclusions and
recommendations of the professional.
H) The operator shall limit access to the site to those posted
times when an attendant is on duty. In order to protect the
public health, safety and welfare, access drives shall be
secured by fences, gates, locks, or other means to deny access
at unauthorized times.
I) Vehicular access shall be designed as to minimize danger and
congestion along adjoining roads and to avoid the creation of
Pequea Township Zoning Ordinance 307
nuisances to nearby properties.
J) Sufficiently-long vehicle stacking lanes into the facility
shall be provided so that vehicles waiting to be weighed will
not back upon onto public roads.
K) All driveways onto the site shall be paved to a cartway width
of thirty-five (35) feet for a distance of at least two
hundred (200) feet from the street right-of-way line. In
addition, a one hundred (100) foot-long crushed stone section
of access drives shall be placed just beyond the preceding two
hundred (200) foot paved section to help collect any mud that
may be attached to a vehicle’s wheels.
L) The facility shall front upon, and gain access from, a rural
major collector or any arterial road. The identification or
road status in Article 15 herein shall determine whether such
road is a rural major collector or arterial road.
M) The applicant shall provide an analysis, prepared by a
professional engineer experienced in the field of traffic
analysis, of the physical conditions of the primary road
system serving the site in accordance with Section 1711.
N) If the traffic study demonstrates that improvements to
Township or state roads shall be required in order to serve
the proposed use or to alleviate the direct impacts of the
proposed use upon the traffic network, the applicant shall
make such improvements.
O) The operator shall maintain and make available to the public
at its office all permits and approved plans required by all
governmental regulatory agencies having jurisdiction over the
permitting, operation, maintenance and/or reclamation of such
a facility.
P) The operator shall provide the Township with copies of any
notices of violation received from DER or EPA within two (2)
weeks from the date such notice of violation was received by
the operator.
Q) There shall be no operations on Sunday or legal holidays and
no operation between 7:00 p.m. and 7:00 a.m. on other days.
R) Litter control measures shall be implemented to prevent
scattering of materials and a plan for the clean-up of litter
shall be submitted to the Township.
S) All municipal waste awaiting recycling or resource recovery
shall be stored within an enclosed area.
T) A one hundred (100) foot setback shall be maintained from all
property lines during the operation of the recycling or
resource recovery facility within which recycling or resource
recovery activities shall not be permitted.
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U) No structures or parking areas shall be located closer than
one hundred (100) feet to any property line.
V) Where screening, plantings, or fencing have been installed,
such screening, plantings and fencing shall be permanently
maintained. All required plant materials which die shall be
promptly replaced in accordance with recognized nursery
standards. All fencing shall be maintained in good repair.
W) The unloading, transfer and deposition of materials shall be
continuously supervised by a qualified facility operator.
Vibrations and emissions into the air shall not be permitted
outside the property. All regulations relating to the control
of noise shall be observed.
Section 1916 Adult Related Facilities
In the enactment of this Ordinance, it is recognized that adultrelated
facilities or business, because of their very nature,
have serious objectionable operational characteristics,
particularly when several such businesses are concentrated in a
given area thereby having a deleterious effect upon adjacent land
uses. Special regulation of these adult-related facilities or
businesses is necessary to insure that these adverse effects will
not contribute to the blighting or downgrading of the surrounding
neighborhood. The location of adult-related facilities is also
of vital concern to society with regard to their proximity to
areas where minors may learn, play or congregate. On the other
hand, it is recognized that adult-related facilities are protected
under the First Amendment, and the market for these businesses
must remain essentially unrestrained. It is the goal and purpose
of this Ordinance to protect the health, safety, morals and
general welfare to the extent authorized by the Municipalities
Planning Code while at the same time maintaining community access
to adult establishments so as to not violate the First
Amendment’s guarantee of freedom and expression.
An adult-related business, facility, or club shall comply with
the following standards and criteria and may be a conditional use
in the Commercial District when fronting on and gaining access
from an urban principal arterial roads defined in Article 15:
A) Not more than one (1) adult-related business or activity shall
be permitted within any one (1) building or lot.
B) No unlawful sexual activity or conduct shall be performed or
permitted.
C) There shall be no display of adult-oriented materials that can
be seen from the exterior of the building.
D) No building that contains any adult-related facility shall
contain any other kind of adult-related facility.
E) The Board of Supervisors shall review and approve all exterior
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signs for compatibility with adjacent use.
F) Hours of operation shall not be before 8:00 a.m. or after 5:00
p.m. No Sunday or holiday hours are allowed.
G) No adult-related facility may change to another type of adultrelated
facility except upon application to and approved by
the Board of Supervisors of such change of a conditional use.
H) No adult-related facility shall be located within the
following distances measured in a straight line without regard
to intervening structures from the closest point of the
building within which is the adult-oriented business to the
closest point of the following:
1) Four hundred (400) feet of any R1 or R2 District.
2) One thousand (1,000) feet of the lot line of any lot upon
which is located a school, church, childcare facility,
public park or playground.
3) One thousand (1,000) feet of any building within which is
located another adult-oriented business.
I) Each entrance to the premises shall be posted with a notice
generally visible up to ten (10) feet from the posting
specifying that persons under the age of eighteen (18) years
are not permitted to enter therein and warning all persons
that they may be offended upon entering.
J) See the definitions under "Adult Related Facilities" in
Article 2.
K) A traffic study is required.
Section 1917 Heliports/Helistops
Heliports and helistops may be allowed as a special exception in
the Commercial and Industrial Districts as an accessory use on
the same lot with, and incidental to a use permitted in the
particular zoning district subject to the following criteria:
A) The heliport or helistop also shall comply with the area,
coverage and yard requirements of the applicable zoning
district, however, in no case shall any such landing surface
be located closer than three hundred (300) feet from any
district boundary line.
B) The landing surface shall be paved and level, and shall be at
least sixty (60) feet square or in the case of a circle, shall
be at least sixty (60) feet in diameter. A secondary thirty
(30) foot perimeter area shall contain a grass cover. Both
landing surface and secondary perimeter shall be well
maintained and shall be kept dirt-free to preclude blowing
dust or debris caused by rotor downwash, and shall contain no
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structures or other obstacles other than those required for
safety purposes. Rooftop pads are prohibited.
C) The entire perimeter area shall be enclosed by a securable,
well-constructed fence, a minimum of six (6) feet high, which
will serve to prevent unauthorized entry into the landing
area. Trees, shrubbery, and other landscaping shall be
provided in quantities and dimensions deemed necessary by the
Zoning Hearing Board to minimize offensive motor noise and
dust and to afford a softening of the visual impact of the
landing area.
D) At least two approach lanes to each landing pad shall be
provided and maintained free of obstructions and shall be
located not less than ninety (90) degrees apart. Each
approach lane shall be located within forty-five (45) degrees
left or right of the prevailing winds and shall fan out at any
angle of ten (10) degrees from the width of the landing pad
to a width of one thousand (1,000) feet and shall have a glide
angle slope of eight (8) to one (1) measured from the outer
edge of the pad.
E) Clear areas for emergency landings of the helicopter in the
event of mechanical failure shall be available. Such
emergency landing areas shall be located within the normal
glide range of the helicopter with one (1) engine off when
operating in the approved take-off or landing lane.
F) All fire and safety equipment provided in conjunction with a
heliport or helistop shall be subject to the approval of the
Township Fire Departments.
G) In reviewing any application for a heliport or helistop, the
Zoning Hearing Board shall be guided by the Standards included
in Articles 17 and 19 hereof, and in addition, may impose
restrictions on hours of operation, lighting, noise levels and
flight altitude over residential areas, and such other
requirements as may be appropriate and reasonable to protect
the health, welfare and safety of Township residents and their
property.
H) In addition to the requirements of the Township, any applicant
for a heliport or helistop shall comply with the rules and
regulations pertaining thereto of the Bureau of Aviation,
PennDOT, and the Federal Aviation Administration. No permit
for the use of a heliport or helistop shall be issued by the
Township until the applicant has obtained an appropriate
license for the operation thereof from the Bureau of Aviation,
PennDOT.
I) It shall be unlawful for any person to land, discharge, load
or take off in a helicopter any place within the Township
other than at a heliport or helistop which has been authorized
in accordance with the foregoing provision of this Section,
except:
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1) In conjunction with a special event such as an athletic
contest, a holiday celebration, parade or similar
activity, after seven (7) day’s advance notice has been
given to the Township and permission obtained to make
such landing and taking off.
2) When necessary for law enforcement purposes and for
emergencies.
3) In connection with a construction project where a
helicopter is to be used to lift equipment in connection
with such project.
K) Parking regulations (see Article 14).
L) A traffic study is required.
Section 1918 Amusement Arcades
Within the Commercial District, amusement arcades may be
permitted by special exception subject to the following criteria:
A) All activities shall take place within a wholly-enclosed
building.
B) The applicant must furnish evidence as to how the use will be
controlled so as not to constitute a nuisance due to noise or
loitering outside of the arcade.
C) A minimum of one (1) parking space for each eighty (80) square
feet of gross leasable floor area shall be provided.
D) A working plan for clean-up of litter shall be furnished and
implemented by the applicant.
E) All arcades shall front an urban principal arterial road as
defined in Article 15.
F) A traffic study is required.
Section 1919 Animal Hospitals, Veterinary Office, and
Kennels
Within certain areas of the Agricultural District and Mineral
Recovery District, animal hospitals, kennels, and veterinary
offices as defined in Article 2 may be permitted by special
exception subject to the following criteria:
A) All kennel areas not enclosed by a building shall be encircled
by a solid fence not less than six (6) feet in height.
B) All animal boarding buildings that are not wholly-enclosed,
and any outdoor animal pens, stalls, or runways shall be
located within the rear yard.
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C) Dogs shall be restricted from using kennel areas not fully
enclosed in a building from 8:00 p.m. to 8:00 a.m.
D) All animal boarding buildings that are not wholly-enclosed,
and any outdoor animal pens, stalls, or runways shall be a
minimum of one hundred (100) feet from all property lines; and
a minimum of two hundred (200) feet from any adjacent
residence whose owner is other than the animal building owner.
E) All animal wastes shall be regularly cleaned up and properly
disposed.
F) All outdoor pasture/recreation areas shall be enclosed to
prevent the escape of the animals; all such enclosures shall
be set back a minimum of ten (10) feet from all property lines
and a minimum of one hundred (100) feet from any adjacent
residence whose owner is other than the animal keeping owner.
G) All allowed uses under this section are required to contain
a landscape buffer screen and a greenbelt as per Sections
1710(L) and (M).
H) Parking shall meet the requirements of Article 14.
I) A minimum lot size of three (3) acres shall be required.
J) No outdoor boarding is allowed at animal hospitals or
veterinarians’ offices.
K) The property shall front on and gain access from a rural major
collector or arterial road as defined in Article 15.
Section 1920 Riding Club, Riding School and/or Horse
Boarding Stable
Within the Agricultural District and Mineral Recovery District,
riding clubs, riding schools, and horse boarding stables may be
permitted by special exception subject to Section 503 and the
following criteria:
A) Minimum lot area - ten (10) acres.
B) Any structure used for the boarding of horses shall be set
back at least two hundred (200) feet from any property line
and seventy-five (75) feet from any public or private road.
C) All stables shall be maintained so to minimize odors
perceptible at the property line.
D) No more than ten (10) equine are kept with the exception that
one (1) additional equine may be kept for each additional acre
of land over 10 acres.
E) The building shall not be less than two hundred (200) square
feet in size for one (1) equine, with an additional two
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hundred (200) square feet for each added equine.
F) All outdoor training, show, riding, boarding, or pasture areas
shall be enclosed by a minimum four (4) foot-high fence, which
is located at least twenty-five (25) feet from all property
lines. All enclosures shall be set back a minimum of two
hundred (200) feet from any adjacent residence whose owner is
not the owner of this use.
G) All parking compounds and unimproved overflow parking areas
shall be set back at least twenty-five (25) feet from
adjoining lot lines. Unimproved overflow parking areas shall
also provide a fence delineating such occasional parking
facilities and preventing the parking and/or movement of
vehicles across neighboring properties. There shall be one
(1) space for each non-resident employee and one (1) space for
every two (2) equines kept on the property.
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Section 1921 Automobile Filling Stations (including Minor
Incidental Repairs)
Within the Commercial District, automobile filling stations
(including minor incidental repair) may be permitted by special
exception subject to the following criteria:
A) The subject property shall front on and gain access from an
arterial or rural major collector road as defined in Article
15.
B) The subject property shall be set back at least three hundred
(300) feet from any lot containing a school, day care
facility, playground, library, hospital or nursing, rest or
retirement home, residence or barn.
C) Outdoor storage of licensed motor vehicles (whether capable
of movement or not) for more than thirty (30) days is
prohibited. Storage of unlicensed vehicles for more than
sixty (60) days is prohibited.
D) All structures (including gasoline pump islands, but not
permitted signs) shall be set back at least thirty (30) feet
from any street right of way line (see Section 1310).
E) No outdoor storage of automobile parts (new or used) shall be
permitted.
F) Access drives shall be a minimum of thirty (30) feet wide and
separated by seventy-five (75) feet from one another if
located along the same frontage as measured from edge to edge.
G) All ventilation equipment associated with fuel storage tanks
shall meet all DER and EPA requirements.
H) Within the Commercial District, the subject property must be
set back a minimum of five hundred (500) feet from any
existing automobile filling station, and no more than two (2)
service bays shall be permitted.
I) The building shall be constructed so as to blend harmoniously
with the surrounding neighborhood.
J) All minor repair work creating a noise nuisance shall be
performed inside a building.
K) Signs and parking shall be as in Article 13 and 14
respectively.
L) A traffic study is required.
M) Public restrooms shall be provided.
N) Public sewer service and public water service shall be
required.
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Section 1922 Automotive and Other Motor Vehicle Repair
Garages
Within the Commercial District, vehicle service and repair
facilities including but not limited to auto mechanics, drivethru
lubrication services and tires, auto paint, brake, muffler,
transmission, windshield, auto body, car radio, and auto
upholstery shop may be permitted by special exception subject to
the following criteria:
A) All service and/or repair activities shall be conducted within
a wholly-enclosed building.
B) All uses involving drive-thru service shall provide sufficient
on-site stacking lanes to prevent vehicle back ups on
adjoining roads.
C) No outdoor storage of parts, equipment, lubricants, fuel or
other materials, new or used or discarded, as part of the
service or repair operation, shall be permitted.
D) All exterior vehicle storage areas shall be screened from
adjoining residentially-zoned properties and roads.
E) The storage of unlicensed vehicles for more than sixty (60)
days is prohibited.
F) Any ventilation equipment outlets associated with the
service/repair work areas(s) shall not be directly towards any
adjoining residentially-zoned or used property and shall
conform to all outside agency requirements and Section
1921(G).
G) All licensed vehicles shall be repaired and removed from the
premises within thirty (30) days.
H) The demolition or junking of vehicles, trailers, boats and
other machinery is prohibited.
I) Sections 1921(A), (B), (D), (F), (K), (M) and (N) shall also
apply to such use.
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Section 1923 Campgrounds
Within certain areas of the Agricultural District and Mineral
Recovery District, campgrounds may be permitted by special
exception subject to the following criteria and those of Section
503. In the Floodplain District, campgrounds (but no campsites)
may be allowed by special exception.
A) Setbacks. All campsites shall be located at least one hundred
(100) feet from any side or rear property line and at least
one hundred (100) feet from any street line.
B) Each campsite shall be at least three thousand (3,000) square
feet and shall contain at least one (1) parking space (see
Section 1404).
C. Minimum lot area shall be ten (10) acres. For campground
parking, see 1404(T).
D) An internal road system shall be provided. The pavement width
of one-way access drives shall be at least fourteen (14) feet
and the pavement width of two-way access drives shall be at
least twenty-four (24) feet. On-drive parallel parking shall
not be permitted.
E) All outdoor play areas shall be set back one hundred (100)
feet from any property line and screened from adjoining
residentially-zoned properties. Such outdoor play areas shall
be used exclusively by registered guests and their visitors.
F) All campgrounds shall furnish centralized, completely-enclosed
sanitary and garbage collection facilities that are leak-proof
and vector-proof that shall be set back a minimum of one
hundred (100) feet from any property line. Such facilities
shall be screened from adjoining residentially-zoned or used
properties.
G) Any accessory retail or service commercial uses shall be set
back a minimum of two hundred (200) feet from any property
line. Such accessory commercial uses shall be solely designed
and constructed to serve the campground’s registered guests
and their visitors. Any parking spaces provided for these
commercial uses shall have vehicular access from the
campground’s internal road rather than the public street. All
accessory commercial uses and related parking shall be
screened from adjoining residentially-zoned or used parcels.
H) All campgrounds containing more than one hundred (100)
campsites shall have front on and gain access from any
arterial or rural major collector street as identified by
Article 15.
I) A minimum of twenty (20%) percent of the gross area of the
campground shall be devoted to active and passive recreational
facilities. Responsibility for maintenance of the recreation
Pequea Township Zoning Ordinance 317
area shall be with the landowner.
J) Every campground shall have an office in which shall be the
person responsible for operation of the campground.
K) All water facilities, sewage disposal systems, rest rooms,
solid waste disposal and vector control shall be approved and
maintained in accordance with the requirements of DER.
L) Lighting shall be arranged and shielded so that no glare or
direct illumination shall be cast upon adjacent properties or
public streets and conform with Section 503.
M) Signs shall be as in the respective districts (See Article
13).
Section 1924 Car Wash
Within the Commercial District, car washes may be permitted by
special exception subject to the following criteria:
A) Public sewer and public water facilities shall be utilized,
and a water recycling system shall be installed.
B) Each washing bay shall provide a minimum of one hundred (100)
foot long on-site stacking lane.
C) All structures housing washing apparatuses shall be set back
twenty (20) feet from any side lot line, fifty (50) feet from
any rear property line and one hundred (100) feet from any
street right-of-way.
D) Trash receptacles shall be provided and routinely emptied to
prevent the scattering of litter.
E) The subject property shall front on an arterial road, as
identified in Article 15.
F) Only biodegradable and environmentally safe soaps and other
chemicals (without phosphates) shall be used on site.
G) All requirements of DER and the EPA shall be met.
H) A traffic study is required.
Section 1925 Cemeteries
Within the R1 District, cemeteries may be permitted by special
exception subject to the following criteria:
A) Minimum lot area. Five (5) acres.
B) All burial plots or facilities shall be located at least one
hundred (100) feet from any property line or street line. All
inside roads within one hundred (100) feet of public roads
Pequea Township Zoning Ordinance 318
must be paved to decrease dust.
C) Assurances must be provided that water supplies of surrounding
properties shall not be contaminated by burial activity within
the proposed cemetery.
D) No burial plots or facilities are permitted in the five
hundred (500) year floodplain or flood fringe areas.
E) Trash and earth storage must be more than one hundred (100)
feet from any property or street line.
Section 1926 Banks and Similar Financial Institutions
Within the Commercial District, banks and similar financial
institutions may be permitted by conditional use subject to the
following criteria:
A) All drive-thru window lanes shall be separated from the
parking lot’s interior access drives.
B) All automated teller machines shall be located so that the onsite
movement of vehicles will not be hampered by those cars
belonging to persons using the automated teller machines.
C) Stacking lanes of at least one hundred (100) feet shall be
provided associated with drive-thru windows, to prevent
vehicle stacking on adjoining roads.
D) Any exterior microphone/speaker system shall be arranged
and/or screened to prevent objectionable noise impact on
adjoining properties and not be activated before 9 a.m. or
after 6 p.m.
Pequea Township Zoning Ordinance 319
Section 1927 Hunting Facilities or Sportsmen’s Clubs
Within the Agricultural District and the Mineral Recovery
District hunting facilities, archery areas and sportsmen’s clubs
may be permitted on soils of classifications IV through VIII as
defined by the United States Department of Agriculture, Soil
Conservation Service, by special exception subject to the
following criteria:
A) Minimum lot size - ten (10) acres.
B) Screen shall be installed in accordance with the requirements
of Section 1929(C).
C) Off-street parking shall be provided in accordance with the
requirements of Section 1929(B).
D) All shooting or archery ranges shall be additionally screed
from any adjoining residentially zoned or used property by a
six (6) feet high berm.
E) The applicant shall demonstrate that the shooting or archery
range is designed to provide maximum safety both on site and
off site.
F) Safety zones shall be established around any structure on site
or off site, and no shooting, archery or hunting shall be
permitted within such zones.
G) No shooting or archery range shall be permitted within five
hundred (500) feet of any residentially zoned or used
property.
H) An outdoor shooting or archery range shall be enclosed with
a six (6) foot high fence which shall not be located on top
of the earthen berm required to be installed by Subsection (D)
herein.
Section 1928 Churches and Related Uses
Within the R1 and R2 Districts, church and related uses
(excluding cemeteries) may be permitted by special exception
subject to the following criteria:
A) House of Worship.
1) Minimum lot area - Two (2) acres.
2) Minimum lot width - Two hundred (200) feet.
3) All houses of worship shall have direct vehicular access
to any arterial or rural collector highway, as identified
in Article 15.
4) Side yard setback - Fifty (50) feet on each side.
Pequea Township Zoning Ordinance 320
5) All off-street parking areas (whether required for the
house of worship or whether required for any accessory
use associated with the house of worship) shall be set
back at least twenty-five (25) feet from the street
right-of-way line.
6) A traffic study is required.
B) Church Related Residences (Rectories, Monasteries, and
Convents).
1) All residential uses shall be accessory and located upon
the same lot or directly adjacent to a lot containing a
house of worship.
2) All residential uses shall be governed by the location,
height, and bulk standards imposed upon other residences
within the site’s District.
C) Church Related Educational or Day Care Facilities
1) All educational or day care uses shall be accessory and
located upon the same lot as a house of worship.
2) If education or day care is offered below the college
level, an outdoor recreation area shall be provided, at
a rate of one hundred (100) square feet per individual
enrolled. Off-street parking lots shall not be used as
outdoor recreation areas. Outdoor recreation areas shall
not be located within the front yard and must be set back
twenty-five (25) feet from all property lines. Outdoor
recreation areas shall be completely enclosed by a six
(6) foot high fence, and screened from adjoining residentially-
zoned or used properties. Any vegetative
materials located within the outdoor recreation areas
shall not be of a harmful type (poisonous, thorny, allergenic,
etc.). All outdoor recreation areas shall provide
a means of shade such as a shade tree(s) or pavilion(s).
3) Enrollment shall be defined as the largest number of
students and/or children under day care supervision at
any one time during a seven (7) day period.
4) Passenger "drop-off" areas shall be provided and arranged
so that passengers do not have to cross traffic lanes on
or adjacent to the site.
5) All educational or day care uses shall be governed by the
location, height, and bulk standards imposed upon
principal uses within the underlying district.
6) Unless the applicant can demonstrate that the off-street
parking associated with the house of worship is
sufficient for the proposed use, one (1) off-street
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parking space shall be provided for each five (5)
students enrolled below grade ten, and/or one (1) offstreet
parking space for each three (3) students, grades
ten and above.
7) Providers shall comply with Section 1930(A) except
paragraph (6).
Section 1929 Clubhouses for Private Clubs
Within the R1 and Commercial Districts, private clubs and
clubhouses may be permitted by special exception subject to the
following added criteria:
A) All private clubs and and clubhouses shall front on, and gain
access from, any arterial or rural major collector road, as
identified in Article 15.
B) All off-street parking shall be provided between the front
face of the building and a point twenty-five (25) feet from
the right-of-way line of adjoining road(s). Parking compounds
shall also be set back thirty (30) feet from any adjoining lot
lines.
C) Screening shall be provided along any adjoining residentiallyzoned
or used property. The applicant shall show the use not
to be detrimental to adjoining or nearby properties due to
hours of operation, noise, light, litter, dust, pollution or
other possible nuisance.
D) A traffic study is required.
Section 1930 Day Care Facilities
A) Commercial Day Care Facilities. Within the Commercial
District, commercial day care facilities may be permitted by
special exception subject to the following criteria:
1) An outdoor recreation area shall be provided, at a rate
of one hundred (100) square feet per individual enrolled.
Off-street parking compounds shall not be used as outdoor
recreation areas. Outdoor recreation areas shall not be
located within the front yard and must be set back
twenty-five (25) feet from all property lines. Outdoor
recreation areas shall be completely enclosed by a six
(6) foot high fence, and screened from adjoining residentially-
zoned or used properties. Any vegetative
materials located within the outdoor recreation areas
shall not be of a harmful type (poisonous, thorny,
allergenic, etc.) All outdoor recreation areas must
provide a means of shade such as a shade tree(s) or
pavilion(s).
2) Enrollment shall be defined as the largest number of
students and/or children under day care supervision at
Pequea Township Zoning Ordinance 322
any one time during a seven (7) day period.
3) Passenger "drop-off" and "pick-up" shall be provided onsite
and arranged so that the passengers do not have to
cross traffic lanes on or adjacent to the site.
4) Providers shall install an inter-connected fire alarm
system, an outward swinging exit door with a panic bar,
sprinkler system, and shall comply with the requirements
of Section 1930(B)(6).
5) One (1) off-street parking space shall be provided for
each five (5) students enrolled.
6) A traffic study is required.
B) Family Day Care Facility. Within the R1 and R2 Districts,
family day care facilities may be permitted within singlefamily
detached dwellings by special exception subject to the
following criteria:
1) A family day care facility shall offer care and
supervision to no more than four (4) different persons
during any calendar day.
2) All family day care facilities shall comply with the
Pennsylvania Department of Public Welfare regulations and
obtain a valid Registration Certificate, if needed.
3) An outdoor recreation area no less than four hundred
(400) square feet in area shall be provided. Such
recreation area shall not be located within the front
yard nor any vehicle parking lot. A four (4) foot high
fence shall completely enclose the outdoor recreation
area. Any vegetative materials located within the
outdoor recreation area shall be of a non-harmful type
(poisonous, thorny, allergenic, etc.). All outdoor
recreation areas must include a means of shade such as a
tree(s) or pavilion.
4) Passenger "drop-off" and "pick-up" areas shall be
provided on-site and arranged so that passengers do not
have to cross traffic lanes on or adjacent to the site.
5) Parking shall comply with Section 1404.
6) Providers shall have smoke detectors in every room, fire
extinguishers in cooking areas, a fire evacuation plan,
monthly fire drills, and training in evacuation methods
and in the use of fire extinguishers.
Section 1931 Recreation and Entertainment Facilities
Within the Commercial District, recreation and entertainment
facilities may be permitted by special exception use subject to
Pequea Township Zoning Ordinance 323
the following criteria:
A) Minimum Lot Size. Two (2) acres. It shall front on and gain
access fron any arterial or rural major collector road, as
identified in Article 15.
B) Those uses involving outdoor activities shall provide
sufficient screening and/or landscaping to mitigate any visual
and/or audible impacts on adjoining properties. All outdoor
facilities shall be set back at least fifty (50) feet from the
street right-of-way and twenty-five (25) feet from all lot
lines and at least one hundred (100) feet from any residentially
zoned or used properties.
C) The applicant shall furnish evidence that the proposed use
will not be detrimental to the use of adjoining or nearby
properties due to hours of operation, noise, light, litter,
dust and pollution.
D) Required off-street parking will be determined based upon the
types of activities proposed and the schedule listed in
Section 1404. In addition, the Zoning Hearing Board may
require an unimproved grassed overflow parking area to be
provided for peak use periods. Such overflow parking areas
shall be accessible only from the interior driveways of the
permanent parking lot. Overflow parking areas shall contain
fencing to prevent vehicles from crossing adjoining properties
or directly accessing adjoining roads.
E) Any booths or other structures used for the collection of
admission and/or parking fees shall be set back and arranged
to prevent vehicle back-ups on adjoining roads during peak
arrival periods. Any other collection of fees (roaming
parking lot attendants) shall be conducted in a manner to
prevent vehicle back-ups on adjoining roads.
F) Any outside pedestrian waiting lines shall be provided with
a means of shade.
G) Any accessory eating or retail use must be accessed through
the main entertainment or clubhouse building.
H) A traffic study is required.
I) Public sewer service and public water service shall be
provided.
Section 1932 Drive-Thru and Fast Food Restaurant
Within the Commercial District, drive-thru, drive-in and/or fast
food restaurants may be permitted by special exception use
subject to the following criteria:
A) The subject property shall front on and gain access from any
arterial or rural major collector road, as identified in
Pequea Township Zoning Ordinance 324
Article 15.
B) Exterior trash receptacles shall be provided and routinely
emptied so as to prevent the scattering of litter. All
applications shall include a description of a working plan for
the clean up of litter.
C) All drive-thru window lanes shall be separated from the
parking lot’s interior driveways and have stacking lanes of
at least one hundred (100) feet in length.
D) Any exterior speaker/microphone system shall be arranged
and/or screened to prevent objectionable noise impact on
adjoining properties and not operate externally before 9:00
a.m. or after 9:00 p.m.
E) All exterior seating/play areas shall be completely enclosed
by a three (3) foot high fence.
F) No such use shall be located within two hundred (200) feet of
any residentially-zoned or used land.
G) A traffic study is required.
H) Public sewer service and public water service shall be
provided.
Section 1933 Laundromats, Dry Cleaners, and Laundries
Within the Commercial District, dry cleaners, laundries, and
laundromats may be permitted by special exception fronting on and
gaining access from any arterial or rural major collector road
as identified in Article 15 subject to the following criteria:
A) Public sewer and public water shall be provided.
B) All activities shall be conducted within a completely enclosed
building.
C) Dry cleaning services shall be limited to pick-up and drop-off
only, with no on-site dry cleaning permitted.
D) Any exhaust ventilation equipment shall be directed away from
adjoining residentially-zoned or used property.
E) Self-service laundromats shall require one (1) off-street
parking space for each 1.5 washing machines; other laundryrelated
uses shall provide one (1) off-street parking space
for each four hundred (400) square feet of gross floor area.
F) During operation or clean up or maintenance, all windows and
doors on walls facing adjoining residential zones or uses
shall be kept closed.
G) A traffic study is required.
Pequea Township Zoning Ordinance 325
Section 1934 Elder Cottages or Granny Flats
The Zoning Hearing Board may grant a special exception so as to
permit the installation and occupancy of an elder cottage or
granny flat as a temporary accessory use in the Agricultural,
Mineral Recovery, R1 and R2 Districts subject to the following
criteria:
A) An elder cottage or granny flat may not exceed nine hundred
(900) square feet of floor space, must be a transportable one
(1) or two (2) bedroom unit which arrives at a site complete
and ready for occupancy, except for minor and incidental
unpacking and assembly operations, and constructed so that it
may be used without a permanent foundation.
B) The unit must be serviced by all utilities, including water
and sewer from an existing dwelling.
C) All yard, setback and side yard requirements shall be met.
D) The unit may be occupied by no more that two (2) persons named
in the special exception who must be related by blood or
married to the owner of the property on which the cottage is
to be installed.
E) The occupants of the elder cottage must be at least 62 years
of age or have qualified for social security disability
benefits.
F) The right of occupancy shall terminate upon the (1) date of
death of the persons named in the special exception or (2) the
date of sale of the property.
G) The elder cottage or granny flat must be physically removed
from the premises no later than three (3) months from the date
the right of occupancy is terminated and the premises shall
be restored to its previous conditions.
H) The owner or owners of the property on which the elder cottage
or granny flat is to be erected shall enter into an agreement
in recordable form with the Township, agreeing to the
conditions imposed by the Zoning Hearing Board.
I) Total lot coverage for all buildings on any lot shall not
exceed the maximum allowed for the Agricultural District.
J) If on-site sewer or water are to be use, the applicant shall
submit to the Zoning Hearing Board evidence that the total
number of occupants in both the principal dwelling and the
elder cottage will not exceed the maximum capacities for which
the one-unit system was designed, unless the system is to be
expanded, in which case the expansion approval is to be
submitted. Any connection to or addition to an existing onsite
sewer system shall be subject to the review and approval
of the Sewage Enforcement Officer before the Zoning Hearing
Pequea Township Zoning Ordinance 326
Board hearing.
K) A minimum of one (1) all-weather off-street parking space,
with unrestricted ingress and egress to the driveway or lane
leading into the principal dwelling or to the public street
shall be provided for the elder cottage, in addition to that
required for the principal dwelling.
L) Upon the proper installation of the elder cottage, the Zoning
Officer shall issue a temporary zoning permit. Such permit
shall be reviewed every twelve (12) months until such time as
the elder cottage is required to be removed. A fee, in the
amount set by the Board of Supervisors, shall be paid by the
landowner upon each renewal of the temporary zoning permit.
Such fee shall be based upon the cost of the annual review of
the permit.
Section 1935 Bus Shelters
A local bus passenger shelter may be allowed in all zoning
districts (except in the Floodplain District) at local bus
passenger stops by special exception. The shelter shall be no
larger than eight (8) feet by eight (8) feet and at least ten
(10) feet from the cartway’s edge of the street, and placed far
enough away from streets, access drives, and driveways to not
encroach within PennDOT minimum site distance requirements.
Shelters will be portable but well anchored. Shelters shall not
be within one thousand (1,000) feet from one another and not
contain advertising outside or inside. The bus stops having
shelters shall be determined in conjunction with the school
district or bus company and the Zoning Hearing Board to keep the
health, safety and welfare of all citizens in mind. There must
be an agreement between the landowner and the organization
responsible for maintaining the shelter.
Section 1936 Golf Courses
Golf courses including accessory uses (e.g. club house, parking
lots, storage sheds, pro shop, snack bar, restaurant, swimming
pools, etc.) may be permitted by special exception in certain
areas of the R1 District subject to Section 503(B)(3) and the
following criteria:
A) No separate driving range, chip n’ putt, nine hole or
miniature golf course shall be permitted.
B) No food or beverage shall be advertised, sold or served to the
general public, but made available only to those using the
golf course.
C) Minimum lot area - Thirty (30) acres.
D) The construction of a golf course shall be considered a
"development" and subject to all appropriate requirements.
Pequea Township Zoning Ordinance 327
E) All applicants shall submit plans for the following to the
Township Engineer and the Lancaster County Conservation
District at least 30 days before the Zoning Hearing Board
request for a special exception:
1) Earth moving and erosion control.
2) Run-off control for herbicides, pesticides, fungicides,
and fertilizer, and plans for disposal of the containers
for those items.
3) Water use plan, including emergency condition usage.
4) Waste water treatment and disposal.
5) Traffic study.
6) Mosquito control.
7) Nutrient plan to ensure no excess nitrates, herbicides,
pesticides, fungicides or other fertilizer is used. When
less potentially environmentally detrimental alternatives
are available, they shall be used.
F) No golf hole shall be arranged to require a golf ball to be
driven across any building, road, parking lot, equipment
storage area, rest area, adjacent property, or any other hole.
G) Any points when the golf course crosses a private road shall
be signed warning motorists and pedestrians and any private
road shall contain speed bumps.
H) All accessory uses of the golf course shall be set back at
least two hundred (200) feet from all lot lines.
I) No outdoor maintenance of golf carts shall be permitted.
J) All golf course buildings shall be set back two hundred (200)
feet from any adjoining roads and parcels.
K) Golf courses shall not cross a public road.
L) Parking shall be set back at least thirty (30) feet from any
adjoining lot lines and be paved with asphalt and screened
from adjoining residentially-zoned or used property and shall
be in compliance with Section 1404.
M) Cartways shall be designed to not require the crossing of any
fairways.
Section 1937 Heavy Equipment Sales, Service and/or Repair
Facilities
Within the Industrial District, heavy equipment sales, service
and/or repair service facilities may be permitted by special
Pequea Township Zoning Ordinance 328
exception use subject to the following criteria. This includes
excavation machinery, commercial trucks, buses, farm equipment,
mobile homes, trailers and other similar machinery.
A) All service and/or repair activities shall be conducted within
a wholly-enclosed building.
B) All uses involving drive-thru service shall provide at least
two hundred (200) feet on-site stacking lanes to prevent
vehicle back-ups on adjoining roads.
C) All exterior and/or display areas shall be screened from
adjoining residentially-zoned or used properties. All
exterior storage/display areas shall be set back at least
fifty (50) feet from adjoining street lines and shall be
entirely covered in an all-weather dust-free surface.
D) The storage of junked vehicles, boats, machinery, trucks,
trailers, mobile homes, buses and heavy equipment vehicles on
the property is prohibited.
E) Any ventilation equipment outlets associated with the
service/repair work area(s) shall not be directly towards any
adjoining residentially-zoned or used property.
F) All licensed vehicles shall be repaired and removed within
thirty (30) days from the premises.
G) All truck, bus, or motor freight sales, service or repair
facilities shall also comply with Section 1955.
H) The site shall front on and gain access from any arterial road
as defined in Article 15.
I) A traffic study is required.
Section 1938 Farm Support Occupations
Farm support occupations may be permitted within the Agricultural
and Mineral Recovery Districts as special exceptions and as
necessary, supplemental uses to the principal agricultural use
and character of farm property only upon a farm which is actively
used for agricultural operations. Such farm support occupations
may be permitted as special exceptions in accordance with the
following regulations. (It should be noted that beekeeping and
the primary processing of farm products produced on the farm are
permitted uses within the Agricultural District and Mineral
Recovery District.)
A) Farm support occupations include occupations which support and
are compatible with agriculture and which contribute to the
agrarian lifestyle characteristics of the Township. Farm
support occupations shall be limited to the following:
1) Facilities for service and repair of small farm
Pequea Township Zoning Ordinance 329
machinery, small farm equipment, and small farm engines
(see Section 1937 for heavy equipment sales, service
and/or repair facilities, which are limited to the Industrial
District).
2) Processing, packing and/or packaging of fruits,
vegetables, herbs, fibers, seeds and nuts, specialty
crops, livestock products, apiary and viticulture
products and similar products which are grown on the farm
and/or within a 0.5 mile radius.
3) Custom agricultural services including feedmilling,
agricultural composting, fertilizers, small-scale
agricultural good and services franchises, custom tillage
and harvesting service and agricultural management
services.
4) Blacksmithing, welding, metalworking, agricultural
fencing and tool sharpening businesses.
5) Facilities for on-farm canning, preserving, bottling and
baking of agricultural products principally from the
property and/or within a 0.5 mile radius and sales of
such products.
6) Processing and direct sales of horticultural products
produced on the property and/or within a 0.5 mile radius
including flowers, herbs, shrubs and trees.
7) Livestock grooming, shearing, and trimming services.
8) Butchering, curing and processing and sale of meat and
poultry produced principally on the property.
9) Traditional trades and agrarian goods, services and sales
including:
a) Woodworking, cabinet making, carpentry, upholstery,
furniture repair and refinishing, watch and clock
making, chair caning, basketry and pottery.
b) Glass working, leather working, wood carving,
gunsmithing and kindred artisanry.
c) Carriage, buggy, wagon and related appurtenances for
manufacturing, sales and services.
d) Tailoring, knitting, quilting, spinning, weaving, hat
fabrication and shoe repair.
e) Handmade arts and crafts.
B) Farm support occupations, including all structures, outdoor
storage and parking shall not occupy more than two (2%)
percent of the area of the property upon which it is located
Pequea Township Zoning Ordinance 330
or five thousand (5,000) square feet, whichever is smaller.
C) No more than one thousand two hundred (1,200) square feet of
indoor space shall be devoted to a farm support occupation.
If located within an existing building, the farm support
occupation shall be petitioned off and clearly separated and
delineated from any adjoining area.
D) At least one (1) owner-operator of the farm support occupation
must reside on the property and no more than three (3) persons
who do not reside on the property shall be employed on the
property in the farm support occupation.
E) No farm support occupation shall be located within two
hundred-fifty (250) feet of a residential dwelling not located
on the farm upon which the farm support business is located.
F) Off-street parking shall be provided. For farm support
occupations involving goods and/or services in trade to the
public, a minimum of two (2) spaces shall be provided. In
addition, one (1) space for each permitted non-resident
employee shall be provided. Parking facilities should be of
a permeable surface, shall not exceed a total area of six
hundred (600) square feet, shall be unlighted, and shall be
located at the farmstead or to the rear of the farmstead
relative to the closest public road.
G) Farm support occupations shall be conducted either within
existing farm residences, existing farm buildings, additions
to existing buildings or new buildings which shall be located
in close proximity to the farmstead or curtilage, shall be of
compatible scale and character and shall not exceed a height
of twenty (20) feet. No mobile home shall house a farm
support occupation.
H) Farm support occupation signage shall be limited to an
unlighted sign only on the occupation site which may not
exceed eight (8) square feet in dimension, but may be doublesided.
I) Outdoor storage of goods in trade, equipment or raw materials
associated with farm support occupations shall be fenced six
(6) feet high or screened with vegetation and shall be located
to the rear of the farmstead or curtilage relative to the
nearest public road. Outdoor storage may not exceed an area
of two thousand (2,000) square feet.
J) Activities and uses which produce dust, odor, vibration,
glare, light, vapors, fumes, smoke, gas, radiation or noise
perceptible at the property boundary line, other than those
associated with normal agricultural production activities in
amounts consistent with those activities on the farm, shall
not be permitted.
K) Ingress and egress to the farm support occupation use shall
Pequea Township Zoning Ordinance 331
be via a pre-existing or shared farm lane or other existing
right-of-way serving the farmstead.
L) Hours of customer and trade operation of farm support
occupations may be limited to the hours 6:00 a.m. to 9:00 p.m.
or less by the Zoning Hearing Board. No Sunday or holiday
sales are allowable.
M) Site Plan Required. Farm support occupations require a site
plan to be submitted to the Zoning Hearing Board at a scale
of at least one (1) inch = fifty (50) feet indicating the
locations, design and size of structures, signs, parking
facilities, storage areas, access provisions as well as
existing farmstead structures and adjoining public roads.
Section 1939 Funeral Homes and Undertaking Establishments
(Including Crematoria)
Within the Commercial District, funeral homes and undertaking
establishments including crematoria may permitted by special
exception subject to the following criteria:
A) Public sewer and public water facilities shall be utilized.
B) Sufficient off-street parking shall be provided to prevent
traffic back-ups onto adjoining roads.
C) Crematoria shall follow industrial performance standards also.
Section 1940 Home Improvement and Building Supply Stores
Within the Commercial District, home improvement and building
supply stores may be permitted by special exception subject to
the following criteria:
A) All outdoor storage and display areas (exclusive of nursery
and garden stock) shall be screened from adjoining roads and
properties.
B) If the subject property contains more than two (2) acres, it
shall front along an arterial or rural major collector road,
as identified in Article 15.
C) A traffic study is required.
Section 1941 Outdoor Storage (Commercial Use)
Commercial outdoor storage may be allowed only by a special
exception only in the Commercial District and shall provide a
screen from all adjoining roads and properties, and must comply
with all setbacks. Outdoor storage areas for auto sales need not
be screened from adjoining roads. The above storage shall not
be permitted for office, commercial, shopping centers,
restaurants, retail stores or shops, or professional establishments.
Pequea Township Zoning Ordinance 332
Section 1942 Home Occupations
In those zoning districts where home occupations are permitted
by special exception the following standards and criteria shall
apply:
A) Location. The home occupation shall only be conducted
within the building used for residential purposes or in
an existing accessory structure, and no products utilized
in the home occupation shall be stored outside unless
screened. Lots less than one acre shall not include a
home occupation. Accessory structures located less than
20 feet from any lot line shall not include a home
occupation.
B) Area Limitation. An area representing not more than 30%
of the total square footage of the dwelling, including
all floors and habitable basement areas but excluding
attic space, shall be devoted or used for the home
occupation. This limitation shall also apply to a home
occupation located in an accessory structure.
C) Employees. No more than two persons other than persons
residing in the dwelling, with a maximum of four persons
including family members, shall be used on-site in the
home occupation.
D) No Subdivisions. The home occupation structure shall not
be subdivided from the parent tract.
E) No Alterations. No alterations to the exterior front
facade of the dwelling shall be permitted, the effect or
appearance of which would establish that the building is
being used for purposes other than the dwelling.
F) Parking. Stacked or tandem parking spaces in driveways
shall not be used to meet off-street parking
requirements. Parking for the home occupation shall be
located in side or rear yard areas or in garages; no
additional front yard areas shall be used for parking.
Commercial vehicles shall not be placed in driveways at
the front of buildings or the front of garages. Trucks
utilized for home occupation businesses shall be limited
to no more than two axles. Screening for parking may be
required.
G) Permits. Before any structure is used as a home
occupation, the person intending to operate the home
occupation shall apply for and receive a permit from the
Zoning Officer which shall state that it is issued
subject to the applicant complying with the conditions of
this section.
H) Sewage Disposal Inspections. The Township may require
that the Sewage Enforcement Officer approve the method of
Pequea Township Zoning Ordinance 333
sewage disposal.
I) Signs. Not more than one sign may be placed on the site,
and this sign must be attached to and flush against the
building. No lighting of the sign shall be allowed. The
size of the sign may not be larger than 144 square
inches, and it shall be one-sided.
J) Periodic Inspections. The Township may require periodic
reinspection to ensure continued compliance with all
applicable conditions.
K) Vehicles. No home occupation shall involve more than two
vehicles used for the business.
L) Screening. Screening may be required for an accessory
structure or parking. Screening is required for any
outside storage for the home occupation.
M) No Manufacturing, Repairing, or Other Mechanical Work.
No manufacturing, repairing, or other mechanical work
shall be performed in any open area. All windows shall
be closed when those activities are occurring. Such
activity shall be conducted in such a way that noise,
odor, vibration, electromagnetic interference, dust,
smoke or other nuisance or pollution shall not be
noticeable at or beyond the property line.
N) State Approvals. The applicant shall submit evidence of
all necessary State approvals or evidence that such
approvals are not necessary.
Section 1943 Hospital
Within the Commercial District, hospitals may be permitted by
special exception subject to the following criteria:
A) Minimum lot area - ten (10) acres.
B) Public sewer and public water shall be used.
C) The subject property shall have frontage on and gain access
from an urban arterial road as identified in Article 15.
D) All buildings and structures shall be set back a minimum of
one hundred (100) feet from all property lines.
E) Emergency entrances shall be located on a building wall facing
away from adjoining residentially-zoned properties.
F) The applicant shall demonstrate proof of an approved means of
disposal of all solid, medical and hazardous wastes.
G) A traffic study is required.
Pequea Township Zoning Ordinance 334
H) Off-street parking areas and loading areas shall be set back
at least seventy-five (75) feet from all adjoining
residentially zoned or used land.
I) Applicants shall comply with the requirements of Sections
1945(J) and 1962(P).
J) Standard straight curbs and pedestrian walkways shall be
installed surrounding the perimeter of the parking area and
within all public rights-of-way abutting the hospital
according the Zoning Hearing Board specifications.
K) Lighting shall not cast glare upon adjacent properties or
public roads.
L) No outdoor storage shall be permitted.
Section 1944 Reserved
Section 1945 Retirement Community
Within the R2 District, retirement community campuses may be
permitted by special exception use subject to the following
criteria:
A) The campus shall primarily serve the needs of retirement-aged
persons. At least one (1) resident of each household shall
be at least (60) years old, or possess some handicap that can
be treated within a setting like the retirement community
campus.
B) The campus shall achieve a balanced residential/medical
environment which cannot be achieved through the use of
conventional zoning techniques.
C) Residences shall be functionally, physically and
architecturally integrated with medical service and
recreational centers.
D) Commercial and recreational uses shall be grouped together and
located near the populations being served.
E) The minimum land area devoted to the campus shall be ten (10)
contiguous acres. The landscape requirements of the
Commercial District shall be followed throughout this campus.
F) The site shall front on and gain access from a rural major
collector or arterial roads as identified in Article 15.
G) Public sewer service and public water service shall be
provided.
H) Fire hydrants shall be located to provide adequate fire
fighting protection.
Pequea Township Zoning Ordinance 335
I) For all buildings or structures containing non-residential
use(s), off-street parking lots and loading areas shall be set
back at least seventy-five (75) feet from all adjoining
residentially-zoned or used land and seventy-five (75) feet
from all lot lines of the campus property.
J) Lighting shall not cast glare upon adjoining properties or
public roads.
K) The maximum permitted overall density is eight (8) dwellings
per acre. The recreation area requirements of the subdivision
ordinance shall pertain.
L) All buildings or structures used solely for residential
purposes shall be set back at least seventy-five (75) feet
from all lot lines of the campus property.
M) The maximum permitted height is thirty-five (35) feet. All
buildings shall be protected with water sprinklers and shall
require verification from the local fire chief that adequate
fire-fighting protection is available. Section 1930(A)(4)
shall also be complied with.
N) No more than fifty-five (55%) percent of the subject property
shall be covered with buildings, parking and loading areas
and/or other impervious surfaces. Building coverage shall not
exceed thirty (30%) percent of the total site coverage.
O) Each off-street parking lot shall conform to the parking
requirements of Article 14 of this Ordinance and provide at
least twenty (20%) percent of the total parking spaces as
those designed for the physically handicapped. All requirements
of the Americans with Disabilities Act and the regulations
promulgated thereunder, to the extent that such
regulations require provision of a greater number of
handicapped parking facilities, shall be met.
Off-street parking spaces shall be located throughout the
campus in such a manner to be conveniently accessible to the
buildings/uses for which they are required; and curbs
(standard straight) and pedestrian walks shall be throughout
the campus and linked with adjoining development by safe and
convenient walkways.
P) Only those uses which provide a harmonious, balanced mix of
medical, residential, limited commercial and recreational
uses, primarily serving campus residents, and public, quasipublic
and medical services for the off-campus retirement-aged
community will be permitted. Uses may include, but need not
be limited to the following:
1) Dwellings, nursing homes, and congregate living
facilities for the elderly or physically handicapped.
2) Commercial uses which are strictly related and
Pequea Township Zoning Ordinance 336
subordinate to the residential/medical character of the
campus and which directly serve the residents and
employees of, or visitors to, the center. The uses
should be chosen to reflect their local orientation to
the immediate campus vicinity and should be a size and
scope so as not to interfere with existing or proposed
retail uses located in the off-campus area. No outdoor
storage shall be permitted.
3) Recreational and social uses, such as athletic
facilities, community centers, and assembly halls,
limited to use only by campus residents, employees or
visitors.
Q) All licenses and approvals from all Federal, State and other
authorities having jurisdiction to license this facility,
including Pennsylvania Department of Labor and Industry shall
be presented to the Township prior to the issuance of any
permits under this Ordinance.
R) A traffic study is required.
S) Applicants shall comply with the requirements of Sections
1962(A) and (P).
Section 1946 Mini Storage Facilities
Within the Commercial District, mini storage facilities may be
permitted by special exception subject to the following criteria:
A) Off-street parking spaces shall be provided for "mini
warehouses" according to the schedule listed in Article 14 of
this Ordinance.
B) Parking shall be provided by parking/driving lanes adjacent
to the buildings. These lanes shall be at least twenty-six
(26) feet wide when cubicles open onto one side of the lane
only and at least thirty (30) feet wide when cubicles open
onto both sides of the lane.
C) Required parking spaces may not be rented as, or used for,
vehicular storage. Additional external storage area may be
provided for the storage of privately-owned travel trailers
and/or boats, so long as such external storage area is
screened from adjoining residentially-zoned or used land and
adjoining roads, and is located behind the minimum front yard
setback line. This provision shall not be interpreted to
permit the storage or partially dismantled, wrecked, or
inoperative vehicles.
D) All regulations concerning maximum coverage of lot by
buildings and impervious surface in the Commercial District
shall be met.
E) All storage shall be kept within an enclosed building except
Pequea Township Zoning Ordinance 337
that the storage of flammable, highly combustible, explosive
or hazardous chemicals shall be prohibited. Any fuel tanks
and/or machinery or other apparatuses relying upon such fuels
shall be stored only in an external storage area as described
above.
F) If limited access to lessors only is not provided, a resident
manager shall be required to live on the site and shall be
responsible for maintaining the operation of the facility in
conformance with the conditions of approval and all applicable
ordinances. The actual dwelling of the resident manager shall
comply with all of those requirements listed within the R2
District, and shall be entitled to all residential accessory
uses provided in this Ordinance. Hours of operation shall be
within 6:00 a.m. to 11:00 p.m. seven days a week.
G) Because of the danger from fire or explosion caused by the
accumulation of vapors from gasoline, diesel fuel, paint,
paint remover, and other flammable materials, the repair,
construction, or reconstruction of any boat, engine, motor
vehicle, or furniture is prohibited.
H) No door openings for any mini storage facilities shall be
constructed facing any residentially-zoned property. No
portion of the facility shall be on a slope over four (4%)
percent.
I) Mini storage facilities shall be used solely for the dead
storage of property. The following lists examples of uses
expressly prohibited upon the site. The applicant shall
adequately demonstrate that all mini storage facilities rental
and/or use contracts shall specifically prohibit all these
uses:
1) Auctions, commercial, wholesale or retail sales or
processing, or manufacturing, or garage sales.
2) The servicing, repair, or fabrication of motor vehicles,
boats, trailers, lawn mowers, appliances, or other
similar equipment.
3) The operation of power tools, spray-painting equipment,
table saws, lathes, compressors, welding equipment,
kilns, or other similar equipment.
4) The establishment of a transfer and storage business.
5) Any use that is noxious or offensive because of odors,
dust, noise, fumes, vibrations, or other nuisances.
6) Research and development testing and other non-storage
activities.
J) No off-site glare of lights shall be allowed.
Pequea Township Zoning Ordinance 338
K) These facilities shall be located on and gain access from a
rural major collector or any arterial road as defined in
Article 15.
L) The perimeter of the facility shall be surrounded by the
landscape buffer as per the Section 1710 and shall have a six
(6) foot fence along the inside of the buffer with a self
locking gate.
Section 1947 Nightclubs
Within the Commercial District, nightclubs may be permitted by
special exception subject to the following criteria:
A) No part of the subject property shall be located within three
hundred (300) feet of any residentially-zoned land or any
dwelling.
B) The applicant shall furnish evidence that the proposed use
shall not be detrimental to the use of adjoining properties
due to hours of operation, light, and/or litter or other
nuisance.
C) The applicant shall furnish evidence as to how the use will
be controlled as to not constitute a nuisance due to noise or
loitering outside the building.
D) A daily working plan detailing how the clean up of litter
shall be undertaken by the applicant shall be provided to the
Zoning Hearing Board.
E) A security guard must be provided during operating hours.
F) Landscape regulations for Commercial District apply.
G) An asphalted paved parking surface shall be provided as per
Article 14.
H) Outside lighting of all entrances, walkways and parking areas
shall be provided. Such lighting shall comply with the
requirements of Section 1732(B)(15).
I) Sidewalks and curbs shall be provided around the perimeter of
the parking lot.
J) Public water service and public sewer service shall be
provided.
K) The property shall front on and gain access from an urban
principal arterial road as defined in Article 15.
L) A traffic study is required.
M) Applicants shall comply with the requirements of Section
1930(A)(4).
Pequea Township Zoning Ordinance 339
N) Adequate off-street parking shall be provided.
Section 1948 Nursing, Rest or Retirement Home
Within the R1 District, nursing, rest or retirement homes may be
permitted by special exception subject to the following criteria:
A) The site shall front on and gain access from a rural major
collector or any arterial road as defined in Article 15. (See
also definition of nursing home in Article 2).
B) Public water service and public sewer service shall be
provided.
C) Off-street parking lots and loading areas shall be screened
from adjoining residentially-zoned or used lands and
landscaping requirement of the Commercial District shall
apply.
D) At least twenty (20%) percent of required parking spaces shall
be designed for handicapped persons as prescribed in Article
14 of this Ordinance. Notwithstanding the foregoing, all
requirements of the Americans with Disabilities Act and the
regulations promulgated thereunder shall be met.
E) The building, off-street parking lots and loading areas shall
be set back at least seventy-five (75) feet from all adjoining
residentially-zoned or used land.
F) The building shall have fire sprinklers and require
verification from the local fire chief that adequate firefighting
protection is available. The building shall also
comply with the requirements of Sections 1930(B)(6) and
1930(A)(4).
G) Lot coverage and impervious surface coverage regulations of
R1 District shall be followed.
H) All licenses and approvals from all Federal, State and other
agencies having jurisdiction to license this facility
including the Pennsylvania Department of Labor and Industry
and others must be presented to the Township prior to the
issuance of permits under this Ordinance.
I) A fire hydrant shall be located within two hundred (200) feet
of the building.
J) Sidewalks and straight standard curbs shall be constructed
around the perimeter of the parking area (with the areas for
access by the handicapped) and abutting all public rights of
way.
K) Lighting shall not cast glare off-site.
L) A traffic study is required.
Pequea Township Zoning Ordinance 340
Section 1949 Private Schools
Within the R1, R2 and Commercial Districts, private schools may
be permitted fronting on and gaining access from rural major
collector and arterial roads as defined in Article 15 subject to
the following criteria:
A) All buildings shall be set back at least one hundred (100)
feet from any adjoining land within a residential district.
All height, area, setback and coverage standards within the
District shall apply.
B) No part of a private school property shall be located within
proximity of a property containing an adult-related facility
(as defined herein), nor three hundred (300) feet of a
property containing an automobile filling station. All offstreet
parking shall be set back at least twenty-five (25)
feet and screened from adjoining property lines.
C) If education is offered below the college level, an outdoor
recreation area shall be provided, at a rate of one hundred
(100) square feet per individual enrolled. Off-street parking
lots shall not be used as outdoor recreation areas. Outdoor
recreation areas shall not be located within the front yard
and must be set back twenty-five (25) feet from all property
lines. Outdoor recreation areas shall be completely enclosed
by a six (6) foot high fence, and screened from adjoining
residentially-zoned properties. Any vegetative materials
located within the outdoor recreation areas shall not be of
a harmful type (poisonous, thorny, allergenic, etc.). All
outdoor recreation areas must provide a means of shade such
as a shade tree(s) or pavilion(s).
D) Enrollment shall be defined as the largest number of students
on the site at any one time during a seven (7) day period.
E) Passenger "drop-off" and "pick-up" areas shall be provided and
arranged so that students do not have to cross traffic lanes
on or adjacent to the site.
F) Parking as provided for in Article 14 shall be guaranteed.
G) A traffic study is required.
H) Compliance with Section 1930(A)(4) is required.
I) Public sewer service and public water service shall be
provided.
Section 1950 Boarding House
Within the R2 District, boarding, rooming or lodging houses may
be permitted by special exception subject to the following
criteria:
Pequea Township Zoning Ordinance 341
A) The applicant shall furnish evidence that approved systems for
sewage disposal and water supply shall be used and all other
Federal and State license requirements were met.
B) No modifications to the external appearance of the building
(except fire escapes) which would alter its residential
character, shall be permitted.
C) All floors above-grade shall have direct means of escape to
ground level.
D) Off-street parking spaces shall be provided as per Section
1404.
E) All parking areas shall be screened from adjoining properties
and shall be set back a minimum of twenty-five (25) feet from
all property lines.
F) Meals shall be offered only to registered tenants.
G) Signs shall be permitted in accordance with Section 1313.
H) The building shall be no closer than one thousand (1,000) feet
from another boarding home.
I) Compliance with Section 1930(B)(6) is required.
Section 1951 Public Utilities Service Structures
Within any district, public utilities service structures may be
permitted by special exception subject to the following criteria:
A) If located within a Residential, Commercial, Floodplain, or
Agricultural District, the applicant must demonstrate that the
selected location is necessary for public service and the use
cannot be supplied if located elsewhere; if the above is
demonstrated and the district is Agricultural, it shall be on
Class IV or worse soils. [If in the Floodplain District, see
Section 410(G)].
B) If located with a Residential District, all buildings and
structures shall be designed (to the extent possible) to have
the exterior appearance of a residence.
C) In any Residential District, the outdoor storage of vehicles
or equipment, used in the maintenance of a utility, shall not
be permitted; in a non-residential district, all outdoor
storage parking and/or loading areas shall be screened from
adjoining roads and all properties. In addition, landscape
regulations for the district shall be followed.
D) There shall be no specified minimum lot size; however, each
lot shall provide front, side, and rear yard setbacks, and
comply with the maximum lot coverage requirements and
impervious surface bed as prescribed in the underlying
Pequea Township Zoning Ordinance 342
district.
E) All structures shall be set back a distance at least equal to
the height of the structure, from all adjoining property
lines, and height regulations for the district shall be
followed. Section 1701(B) is required.
F) The use shall emit no obnoxious noise, glare, dust, odor,
vibration, electrical, or microwave disturbance, or cause any
other objectionable impact, nuisance, or safety hazard beyond
the subject property.
G) All new or added electrical transmission projects shall have
an EMF mitigation plan to eliminate to the greatest extent
possible, any potential health risk or nuisance.
Section 1952 Billboards (Panel Type Signs)
Billboards (sign, panel type, billboard) may be permitted in
Commercial or Industrial Districts by special exception fronting
on an urban principal arterial roads as defined in Article 15
following these criteria:
A) No billboards or advertising sign boards shall exceed seventytwo
(72) square feet in area and none shall be higher than
fifteen (15) feet from top of billboard to ground level.
B) No billboards or advertising sign boards shall be erected
within six hundred (600) feet of a Residential District.
C) No more than one (1) panel (two [2] sides) shall be permitted
at one (1) location.
D) A minimum of one thousand two hundred (1,200) feet distance
shall be maintained between billboards and/or advertising sign
boards.
E) No billboard shall be closer than thirty (30) feet to any
property line or street or road or right-of-way line.
F) No billboard shall obstruct the view of motorists on adjoining
roads or the view of adjoining uses which depend on visibility
for identification.
G) All panel type signs (billboards) shall be maintained in safe
structural condition. The painted portions shall be
periodically repainted and kept in good condition.
H) The general vicinity of all panel signs must be kept free and
clean of sign materials, debris, trash and other refuse.
I) Panel type signs (billboard) may be indirectly illuminated.
All illumination shall comply with the industrial performance
standards set forth in Section 1732(B)(15).
Pequea Township Zoning Ordinance 343
J) Article 13 (Signs), including but not limited to Section 1305,
shall be followed. If any conflict, the more stringent shall
be followed.
Section 1953 Nursery, Greenhouse, and Retail Sales of
Garden Stock
Within the Agricultural, Mineral Recovery, R1, and Commercial
Districts, retail sales of nursery, greenhouse, and garden
materials may be permitted by special exception subject to the
following criteria:
A) All greenhouses and nurseries shall front on and gain access
from any arterial or rural major collector road, as identified
in Article 15.
B) The display and sale of items not primarily grown on the
premises shall be incidental to the nursery operation. The
display area for these items shall not exceed twenty-five
(25%) percent of the total gross display and sales area on the
subject property. The display, sale, or repair of motorized
nursery or garden and lawn equipment shall not be permitted.
This Section [1953(B)] shall not apply in the Commercial
District.
C) All outdoor display areas shall be set back at least twentyfive
(25) feet from the street right-of-way line. All
structures, parking lots, off-street loading and outdoor sales
areas shall be set back at least one hundred (100) feet from
any side or rear lot lines except in Commercial District where
it abuts other commercial lots in which case twenty-five (25)
feet is required.
D) All improvements (including parking and loading facilities,
but not including a freestanding sign) shall be screened from
adjoining residentially-zoned or used properties.
E) One (1) freestanding or attached sign may be permitted
advertising the business. Such sign shall not exceed sign
criteria for the district and must be set back at least ten
(10) feet from all lot lines.
F) Wholesale distribution is permitted in the Agricultural
District and the Mineral Recovery District as provided in
Section 502(D).
Section 1954 Apartments in Commercial Districts
Within the Commercial District, apartments may be permitted by
special exception as an accessory use subject to the following
requirements:
A) Each apartment shall be located within a building used
primarily for commercial purposes and lived in by the owner
or a caretaker of the site. No renters are permitted. The
Pequea Township Zoning Ordinance 344
caretaker can live on-site only while employed by the owner.
No modification to the external appearance of the building
except fire escapes is allowed for the apartment.
B) Public water and public sewer shall supply the site. A
private bathroom for the apartment shall be provided.
C) A smoke alarm shall be provided by the owner in the apartment.
D) All regulations of the Commercial District are otherwise to
be followed.
E) All floors above-grade shall have direct means of escape to
ground level. There shall be at least two (2) means of egress
to the exterior.
F) Two (2) off-street parking spaces shall be provided for this
use.
G) No more than one (1) apartment is allowed per business in the
Commercial District.
H) The person living in the apartment shall not carry on business
after closing hours.
I) The apartment shall obviously be accessory to the permitted
use and not occupy more than twenty-five (25%) percent of the
floor space of the business nor be less than six hundred (600)
square feet and have not less than one (1) bedroom for each
two (2) residents.
Section 1955 Truck, Bus, or Motor Freight Terminal
Within the Industrial District, truck, bus, or motor freight
terminals may be permitted by special exception use subject to
the following criteria:
A) Access shall be via an arterial road, as identified in Article
15.
B) The applicant shall provide a traffic study prepared by a
professional traffic engineer as per Section 1711.
C) Minimum lot area - Five (5) acres.
D) The terminal shall not be within two hundred (200) feet of a
dwelling not owned by the business owner.
E) Light from the lot shall not cast glare outside the property
lines.
F) If hazardous materials are stored (even temporarily) the
applicant shall demonstrate compliance with any regulations
for the storage of such materials promulgated by the Township,
DER or the Environmental Protection Agency.
Pequea Township Zoning Ordinance 345
G) Section 1937 shall also apply if such terminals include sales,
service and/or repair facilities.
Section 1956 Conversion - Single-Family Detached to Two
Family Dwelling
A single family detached dwelling existing on the effective date
of this Ordinance may be converted into, and used as, a two
family dwelling, when authorized as a special exception in the
Agricultural, Mineral Recovery, R1, and R2 Districts and provided
that:
A) Drawings for the conversion of said dwelling shall be
submitted to the Zoning Hearing Board, accompanied by
certificates of approval from any governmental agencies or
other entities having jurisdiction, where two (2) families are
to be housed above the ground floor.
B) The plans shall demonstrate provision of adequate and suitable
parking space at a safe distance from the public road. There
shall be at least two (2) parking spaces per dwelling unit.
C) The structure shall be subject to the height, area, width and
yard regulations effective in the District wherein such
dwelling is situated, and the lot area shall be not less than
the product of the minimum lot area prescribed in the District
regulations times the number of families for the use of which
such dwelling is to be converted.
D) There shall be no external alteration of the building except
as may be necessary for reasons of safety, and fire escapes
and outside stairways shall, where practicable, be located in
the rear of the building. Both units shall have two (2) or
more direct means of escape to the exterior, one (1) which at
least shall be on each level.
E) No dwelling unit shall have less than eight hundred (800)
square feet of habitable floor area.
F) The Zoning Hearing Board may prescribe such further conditions
and restrictions with respect to the conversion and use of
such dwelling, and to the use of the lot, as the Board may
consider appropriate.
G) Smoke detectors shall be provided to each finished floor of
each dwelling.
H) No signs are permitted.
I) The applicant shall provide approval of adequate sewage
disposal for both units from the sewage enforcement officer
and evidence of adequate water supply, if on lot water supply
or sewage disposal is provided.
Section 1957 Conversion - Residential to Non-Residential
Pequea Township Zoning Ordinance 346
The conversion of a residential dwelling in Commercial and
Industrial Districts into a permitted non-residential use may be
permitted by special exception subject to the following
regulations:
A) The proposed use shall comply with the yard, area, off-street
parking, and other requirements of the applicable district.
B) No existing yards or required open space shall be reduced to
less than the requirements of the applicable district
governing a permitted use.
C) No living accommodation or sleeping quarters shall be
authorized except such accessory use as is permitted in the
applicable district.
D) The off-street parking and sign regulations of this Ordinance
shall apply.
E) All other supplemental regulations of this Ordinance
applicable to the proposed use shall apply.
Section 1958 Warehousing, Wholesaling, and Storage Trade
Establishments
Within the Industrial District, warehousing and wholesale trade
establishments, including but not limited to industrial products,
lumber, coal, fuel and contractor’s equipment, may be permitted
by special exception use subject to the following criteria:
A) The applicant shall provide a detailed description of the
proposed use in each of the following topics:
1) The nature of the on-site activities and operations, the
types of materials (hazardous and non-hazardous) stores,
the frequently of distribution and restocking, the
duration period of storage materials and the methods for
disposal of any surplus or damaged materials. In
addition, the applicant shall furnish evidence that the
disposal of materials will be accomplished in a manner
that complies with State, Federal, and Township
regulations.
2) The general scale of operation in terms of its market
area, specific floor space requirements for each
activity, the total number of employees on each shift,
and an overall needed site size.
3) Any environmental impacts that are likely to be generated
(e.g. noise, smoke, dust, litter, glare, vibration,
electrical disturbance, wastewater, storm water, solid
waste, etc.) and specific measures employed to eliminate
any negative impacts. The applicant shall further
furnish evidence that the impacts generated by the
proposed use fall within acceptable levels as regulated
Pequea Township Zoning Ordinance 347
by applicable laws and ordinances.
B) A traffic study prepared by a professional traffic engineer
(see Section 1711).
C) The site shall front on and gain access from any arterial road
as defined in Article 15.
D) A recycling plan shall be submitted for recyclable waste.
E) Lighting shall not cast glare beyond the property lines.
F) An eight (8) foot high security fence shall surround all fuel
storage depot and truck areas.
Pequea Township Zoning Ordinance 348
Section 1959 Bed and Breakfast Establishment
Within the Agricultural, Mineral Recovery and R1 Districts, bed
and breakfasts may be permitted by special exception subject to
the following criteria:
A) Within the R1 District, bed and breakfasts shall only be
established in structures that are or have been identified as
having historical significance by the Historic Preservation
Trust of Lancaster County.
B) No modifications to the external appearance of the building
(except fire escapes) which would alter its character, shall
be permitted.
C) All floors above-grade shall have direct means of escape to
ground level.
D) One (1) off-street parking space shall be provided for each
bedroom available for rent, in addition to those required for
the dwelling unit and at least twenty-five (25) feet from all
property lines.
E) The sign shall be as the respective zoning district
regulations, but no illumination and no larger than two (2)
feet by three (3) feet.
F) A smoke alarm shall be placed in each rented area. Compliance
with Section 1930(B)(6) shall be required.
G) Minimum lot size - One (1) acre if public sewer and public
water. If not serviced by both public sewer and public water,
there shall be a minimum lot size of two (2) acres (or larger
if determined necessary for DER standards by hydrogeologic
study).
H) Minimum residence size excluding basement, garages and porches
- Two thousand (2,000) square feet.
I) Maximum number of bedrooms available for overnight guests
shall be determined by the residence size as follows:
1) Minimum residence size less than two thousand two hundred
(2,200) square feet - Four (4) bedrooms.
2) Minimum residence size two thousand two hundred (2,200)
square feet or greater - Five (5) bedrooms. No more than
five (5) bedrooms for use by overnight guests shall be
permitted regardless of size.
J) The owner of the bed and breakfast establishment shall reside
on the premises.
K) No building in which a bed and breakfast establishment is
operated shall be closer than eight hundred (800) feet to a
Pequea Township Zoning Ordinance 349
building in which another is operated.
L) The applicant shall comply with the requirements of the Life
Safety Code of the National Fire Protection Association, Inc.,
and/or regulations of the Pennsylvania Department of Labor and
Industry.
M) If on-lot sewer service is provided, DER and/or the Sewage
Enforcement Officer shall approve the method of sewage
disposal.
N) The applicant shall present evidence that all applicable
permits and approvals have been obtained to the Township prior
to issuance of permits under this Ordinance.
O) No person other than a member of the immediate family of the
owner shall be employed on the premises.
P) No accessory buildings shall be used to provide rooms for
overnight guests.
Q) Only one (1) building per property shall be used for overnight
guests.
Section 1960 Communications Antennas and Equipment
Within the Agricultural, Commercial and Industrial Districts,
communications antennas mounted on or in a public utility
transmission tower, building or other structure existing on the
effective date of this Section (_________, 2001) may be permitted
by special exception subject to the following standards and
criteria:
A) The applicant shall demonstrate that the proposed location is
necessary for the efficient operation of the system.
B) The applicant shall submit notice of approval for the proposed
installation from the FAA and the FCC or written evidence that
no such approval is required.
C) Building mounted communications antennas shall not be located
on any building used for residential purposes.
D) In addition to the other requirements of this Section,
building mounted communications antennas shall not be
permitted to exceed the height limitations of the applicable
district by more than fifteen (15) feet. If the building
mounted communications antenna is mounted on a structure such
as a silo, the communication antenna shall not exceed the
present height of such structure.
E) Omnidirectional or whip communications antennas shall not
exceed fifteen (15) feet in height and seven (7) inches in
diameter.
Pequea Township Zoning Ordinance 350
F) Directional or panel communications antennas shall not exceed
five (5) feet in height and three (3) feet in width.
G) The applicant shall submit evidence from an engineer
certifying that the proposed installation will not exceed the
structural capacity of the building or other structure and the
foundation and soil underneath the building or other structure
considering wind and other loads associated with the
communications antenna location.
H) The applicant shall submit detailed construction and elevation
drawings indicating how the communications antennas will be
mounted on the structure.
I) The applicant shall submit evidence of agreements and/or
easements necessary to provide access to the building or
structure on which the communications antennas are to be
mounted so that installation and maintenance of the
communications antennas and communications equipment building
can be accomplished. The applicant shall include a plan
showing the proposed access drive and off-street parking area.
J) The applicant shall demonstrate that surrounding areas shall
not be affected by falling ice or other debris if the
communications antenna should fail.
K) If the lot is located in the Agricultural District, the
applicant shall demonstrate that the facilities shall use an
existing driveway or access drive. No new driveway or access
drives shall be constructed to serve communications antennas
in the Agricultural District.
L) The applicant proposing communications antennas to be mounted
on any existing tower shall completely enclose the tower by
an eight (8) foot high nonclimbable fence with a self-locking
gate or provide evidence that the existing tower precludes
climbing by other means.
M) Communications antennas shall comply with all applicable
standards established by the FCC governing human exposure to
electromagnetic radiation.
N) Communications antennas shall not cause radio frequency or
other interference with other communications facilities or
with equipment in homes located in the Township.
O) A communications equipment building shall not be more than ten
(10) feet in height and shall meet all applicable setback
requirements of the applicable zoning district for an
accessory structure. No communications equipment building
shall exceed two hundred (200) square feet. If the carrier
proposes to use equipment cabinets placed upon a pad, the
total area of the pad for all of the equipment cabinets and
building shall not exceed two hundred (200) square feet in
area.
Pequea Township Zoning Ordinance 351
P) The owner or operator of the communications antennas shall be
licensed by the FCC to operate such antennas and shall supply
a copy of such license to the Township.
Q) The communications antennas and related equipment and
facilities shall be visually disguised or concealed, and the
applicant shall submit testimony on how the communications
antennas and related equipment and facilities will be
disguised or concealed so that they are not visible from the
surrounding area. The applicant shall provide landscaping to
visually screen all communications equipment buildings and
off-street parking areas as delineated in Section 1961(T).
R) The applicant shall submit a plan for the removal of the
communications antenna and related equipment and facilities
when they become functionally obsolete or are no longer in
use. The applicant shall be responsible for the removal of
the facility within three (3) months from the date the
applicant ceases use of the facility or the facility becomes
obsolete.
S) The applicant shall post a maintenance or performance bond in
an amount determined by the Township to be sufficient to
secure the installation and maintenance of the communications
antenna and related equipment and facilities during their
lifetime and removal of the communications antenna and related
equipment and facilities when no longer in use.
T) The installation of communications antennas on any historic
property will be permitted only when the communications
antennas will be installed using stealth technology and will
not be visible to persons looking at the historic property
from any side. The applicant shall provide renderings or
other diagrams illustrating how the historic property will
appear from all sides after installation of the communications
antennas. Any equipment building or cabinet associated with
the communications antennas shall be designed in a manner in
keeping with the architecture of the existing structures on
the historic property, or all equipment shall be located
within an existing structure on the historic property.
U) The applicant shall demonstrate that the installation of the
communications antennas and the erection of any communications
equipment building comply with all requirements of the
National Historic Preservation Act and shall present copies
of applicable correspondence with the State Historic
Preservation Office of the Pennsylvania Historical and Museum
Commission, including but not limited to the letter of
determination.
V) The applicant shall obtain a building permit under the
Township Building Code and a zoning permit under this
Ordinance before commencing construction.
W) If an antenna is installed on a structure other than a tower,
Pequea Township Zoning Ordinance 352
the antenna and supporting electrical and mechanical equipment
must be of a neutral color acceptable to the Township that is
identical to, or closely compatible with, the color of the
supporting structure so as to make the antenna and related
equipment as visually unobtrusive as possible.
Section 1961. Communications Towers and Equipment.
Within the Industrial District, communications towers and
equipment may be permitted by special exception subject to the
following standards and criteria:
A) The applicant must demonstrate that the proposed location is
necessary for the efficient operation of the system.
B) An applicant proposing construction of a new communications
tower shall demonstrate that such applicant has made a good
faith effort to obtain permission to mount the antenna(s) on
an existing structure or communications tower. A good faith
effort shall require that the applicant contact all owners of
potentially suitable structures within a one mile radius of
the proposed communications tower site and supply signed
letters from all such owners and that one or more of the
following reasons for not selecting such existing structure
or communications tower apply:
1) The proposed antenna(s) and related equipment would
exceed the structural capacity of the existing structure
or tower and reinforcement of such existing tower or
structure cannot be accomplished at a reasonable cost.
The applicant shall provide engineering data to
demonstrate that the structural capacity will be exceeded
and reinforcement cannot be accomplished at a reasonable
cost.
2) The proposed antenna(s) and related equipment would cause
radio frequency interference with other existing
equipment at that location and that such interference
cannot be prevented at a reasonable cost. The applicant
shall provide engineering data to demonstrate that the
proposed antenna would cause interference and the
interference cannot be prevented at a reasonable cost.
3) Such existing structures or towers do not have adequate
location, space, access or height to accommodate the
proposed antenna(s) and related equipment or to allow
them to perform their intended function. The applicant
shall provide engineering data to demonstrate that the
existing structures or towers do not have adequate
location, space, access or height to accommodate the
proposed antenna(s) and related equipment or to allow
them to perform their intended function.
4) Addition of the proposed antenna(s) and related equipment
would result in electromagnetic radiation from such
Pequea Township Zoning Ordinance 353
location exceeding applicable standards established by
the FCC and the radiation cannot be prevented at
reasonable cost. The applicant shall provide engineering
data to demonstrate that the addition of the proposed
antenna(s) and related equipment will result in
electromagnetic radiation exceeding applicable standards
and the radiation cannot be prevented at reasonable cost.
5) The Applicant could not reach a commercially reasonable
agreement with the owner of such existing structure or
tower. The applicant shall provide written information
to enable the Zoning Hearing Board to determine that the
demands of the owner were unreasonable.
C) The applicant is strongly encouraged to provide a written
commitment that it will rent space at commercially reasonable
rates on a tower to other communications providers to minimize
the total number of towers necessary within the region. In
order to reduce the number of communications antenna support
structures needed in the Township in the future, any proposed
support structure shall be designed to accommodate other
users, including, but not limited to, police, fire, and
emergency services.
D) The applicant shall demonstrate by means of engineering
testimony and reports that the communication tower and all
communication antennas to be installed on the communication
tower are the minimum height required to function
satisfactorily.
E) Any communication tower shall be set back from each property
line a distance equal to its height unless applicant
demonstrates by clear and convincing evidence that there will
be no danger to persons or property with a lesser setback, but
in no circumstances shall the tower be set back less than one
hundred (100) feet from any property line. To demonstrate
that there will be no danger to persons or property with a
lesser setback, the applicant shall provide expert testimony
by a structural engineer concerning the ability of the
communication tower to withstand wind and other adverse
conditions and how the communication tower will fall if it
should fail. The setback required by this subsection shall
also be applicable to guide wire anchors for the communication
tower.
F) All towers shall be completely enclosed by an eight (8) foot
high nonclimbable fence and self-locking gate. The applicant
shall provide landscaping which shall visibly screen the
fence. The applicant shall present a plan of the proposed
landscaping. See Section 1961(T).
G) The applicant shall furnish expert testimony regarding the
construction methods or other measures used to prevent the
toppling of any communication tower onto adjoining properties
and/or roads and the wind-borne scattering of ice onto
Pequea Township Zoning Ordinance 354
adjoining properties and/or roads. The applicant shall be
required to implement construction methods or standards to
prevent such occurrences.
H) Communication towers shall be sited so as to separate them
from adjacent activities and structures located on adjoining
lots.
I) The applicant shall submit notice of approval for the proposed
installation from the FAA and the FCC.
J) Communication towers which contain communication antennas
which are capable of transmitting signals or scattering
signals shall not create electrical, electromagnetic,
microwave, or other interference off-site.
K) The applicant shall submit a plan for the removal of the
communication tower and all communications antennas on such
communication tower and all related equipment and facilities
when they become functionally obsolete or are no longer in
use. The applicant shall be responsible for the removal of
the facility within three (3) months from the date the
applicant ceases use of the facility or the facility becomes
obsolete. If the applicant does not remove the communication
tower and all communications antennas on such communication
tower and all related equipment and facilities within such
three (3) month period, in addition to all other penalties and
remedies provided in this Ordinance and the MPC, the Township
may proceed upon any bond.
L) The applicant shall post a maintenance or performance bond in
an amount determined by the Township to be sufficient to
secure the installation and maintenance of the communications
tower and all communications antennas and related equipment
and facilities during their lifetime and removal of the
communications tower and all communications antennas and
related equipment and facilities when no longer in use.
M) The installation of communication towers and communication
antennas on existing structures will be permitted if the
installation will not exceed fifteen (15) feet above the
height of the existing structure.
N) Attachments to existing structures shall be designed by an
engineer who shall certify that the proposed installation will
not exceed the structural capacity of the building or other
structure and the foundation and soil underneath the building
or structure considering wind and other loads associated with
the communications antenna location. Applicant shall submit
documentation to the Zoning Hearing Board from the design
engineer concerning such structural capacity.
O) The applicant shall submit detailed construction and elevation
drawings indicating how the communications antennas will be
mounted on the structure. The applicant shall also include
Pequea Township Zoning Ordinance 355
a plan showing the access drive and off-street parking area
serving the structure.
P) A communications equipment building shall not be more than ten
(10) feet in height and shall meet all applicable setback
requirements of the applicable zoning district for an
accessory structure. No communications equipment building
shall exceed two hundred (200) square feet. If the carrier
proposes to use equipment cabinets placed upon a pad, the
total area of the pad for all of the equipment cabinets and
building shall not exceed two hundred (200) square feet in
area.
Q) If an antenna is installed on a structure other than a tower,
the antenna and supporting electrical and mechanical equipment
must be of a neutral color acceptable to the Township that is
identical to, or closely compatible with, the color of the
supporting structure so as to make the antenna and related
equipment as visually unobtrusive as possible.
R) Whenever possible, an alternative tower structure shall be
utilized. If substantial evidence is presented that an
alternative tower structure is not feasible, then
communications towers and antennas shall meet the following
requirements:
1. Towers and antennas shall either maintain a galvanized
steel finish or, subject to any applicable standards of
the FAA, be painted a neutral color acceptable to the
Township so as to reduce visual obtrusiveness.
2. At a tower site, the design of the buildings and related
structures shall, to the extent possible, use materials,
colors, textures, screening, and landscaping that will
blend them into the natural setting and surrounding
buildings and be acceptable to the Township.
S) Towers shall not be artificially lighted, unless required by
the FAA or other applicable authority. If lighting is
required, the lighting alternatives and design chosen must
cause the least disturbance to surrounding properties. There
shall be no glare off site.
T) The following landscaping shall be required to screen as much
of the communications tower as possible, the fence surrounding
the communications tower, and any other ground level features
such as equipment cabinets, off street parking areas, or a
building.
1. An evergreen screen shall be required to surround the
site. The screen shall be two (2) rows of evergreen
shrubs or trees. The trees or shrubs shall not be spaced
more than five (5) feet apart in each row. The rows
shall not be farther apart from one another than ten (10)
feet. Staggering of the shrubs or trees is required.
Pequea Township Zoning Ordinance 356
Only one entrance through the evergreen screen is
allowed, and the applicant shall narrow the entrance as
much as possible. The evergreen screen shall be a
minimum height of six (6) feet at planting and shall grow
to a minimum height of fifteen (15) feet at maturity.
Additional deciduous planting is acceptable and may be
required by the Zoning Hearing Board to mitigate the
visual impact on the neighborhood.
2. Existing vegetation on and around the site shall be
preserved to the greatest extent possible.
U) The installation of communication towers and communication
antennas on any historic property will be permitted only when
the communication towers and communications antennas will be
installed using stealth technology and will not be visible to
persons looking at the historic property from any side. The
applicant shall provide renderings or other diagrams
illustrating how the historic property will appear from all
sides after installation of the communication towers and
communication antennas. Any equipment building or cabinet
associated with the communication towers or communication
antennas shall be designed in a manner in keeping with the
architecture of the existing structures on the historic
property, or all equipment shall be located within an existing
structure on the lot.
V) The applicant shall demonstrate that the installation of the
communication tower and communication antennas and the
erection of any communications equipment building comply with
all requirements of the National Historic Preservation Act and
shall present copies of applicable correspondence with the
State Historic Preservation Office of the Pennsylvania
Historical and Museum Commission, including but not limited
to the letter of determination.
W) The applicant shall demonstrate that surrounding areas shall
not be affected by falling ice or other debris if the
communications tower or antennas should fail.
X) No signs shall be permitted except as required by the FCC or
the FAA. Applicant shall present the Zoning Hearing Board
with written evidence that any proposed sign has been required
by either the FCC or the FAA.
Y) The applicant shall obtain a building permit under the
Township Building Code and a zoning permit under this
Ordinance before commencing construction.
Z) Any use established on the property in addition to the
communication tower and communications antennas shall comply
with all applicable requirements of this Ordinance.
AA) The applicant shall submit to the Township copies of
annual inspections of the tower and equipment by an
Pequea Township Zoning Ordinance 357
independent professional engineer as required by ANSIEIA-
TIA-222-E Code, as amended.
Section 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
Within the Commercial District, 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 may be permitted by
special exception subject to the following standards and
criteria:
A) The proposed structure shall be connected to and use public
water and public sewer. Applicant shall present evidence to
the Zoning Hearing Board that sewer and water capacity has
been obtained or reserved from the applicable provider.
B) The lot shall directly abut and gain access from an arterial
road or a rural major collector road as classified under this
Ordinance (see Article 15).
C) Vehicle parking, loading and access shall meet the
requirements of Article 14.
D) Standard straight curbs and pedestrian walkways shall be
installed surrounding the perimeter of the parking areas and
within all public rights-of-way abutting the parking areas
according to the specifications for curbs and walkways in the
Township Road Ordinance or the applicable subdivision and land
development ordinance, whichever provides the more stringent
regulations. Applicant shall present evidence to the Zoning
Hearing Board that the development shall provide a safe and
convenient pedestrian circulation system.
E) Landscaping shall be installed and maintained which shall meet
at least the minimum requirements for landscaping in the
Commercial District (see §1710), except as such requirements
may be increased by this Section.
F) Outside lighting of all entrances, walkways and parking areas
shall be provided. Such lighting shall comply with the
requirements of Section 1732(B)(15).
G) The applicant shall submit storm water management calculations
and plans to demonstrate compliance with all applicable laws
and regulations governing storm water management.
H) The applicant shall submit a traffic impact study which meets
the requirements of Section 1711.
I) Mechanical equipment and other functional accessories of each
building, including but not limited to elevators, penthouses,
ventilation pipes and ducts, water pressure tanks, and
Pequea Township Zoning Ordinance 358
heating, air conditioning and power supply units, shall have
an architecturally designed building material screen or
covering which is an integral part of the building envelope
and which is harmonious with the building design.
J) A fire hydrant shall be located within one hundred (100) feet
of the building. No portion of any building shall be located
more than 500 feet from a fire hydrant.
K) Adequate trash receptacles shall be available on the property.
The applicant shall present a plan for litter disposal and the
pick up of litter on the property to the Zoning Hearing Board.
L) Applicant shall present an evaluation of the effects of the
proposed development upon air pollution, water pollution,
storm water, police service, fire service, and other emergency
services, and shall agree to a feasible method to eliminate
any adverse effects.
M) All off-street loading facilities shall be located at the rear
of buildings.
N) Establishments furnishing shopping carts shall provide areas
on the site for the storage of carts. Storage areas shall be
clearly marked and designated for the storage of shopping
carts. If such areas for carts are located within the parking
areas, they shall not be counted toward the required number
of minimum off-street parking spaces.
O) Minimum front yard: fifty (50) feet.
P) Minimum side yard: fifty (50) feet.
Q) Minimum rear yard: fifty (50) feet.
Section 1963 Sawmills
Sawmills may be permitted in the Industrial District as a special
exception with the following requirements:
A) All general industrial standards, Industrial District
requirements, and industrial performance standards shall be
followed.
B) No sawmill shall be located within three hundred (300) feet
of a residential dwelling not owned by the sawmill owner.
C) Sawmills shall also comply with the regulations pertaining to
solid waste disposal facilities, quarries, mines, resource
recovery facilities, and recycling facilities as contained in
Sections 1912(C, D, H-K, M, P, R, and V), 1913(R)(1-4 and 6-
8), 1913(S and Y), and 1915(F).
D) The facility shall front upon and gain access from a rural
major collector or any arterial road as identified in Article
Pequea Township Zoning Ordinance 359
15.
E) No parking area, loading area or access to the sawmill shall
be within two hundred fifty (250) feet of the nearest
residence not owned by the sawmill owner.
F) Where a sawmill is located adjacent to any residential use,
all cutting shall be conducted within a structure with a
closed side facing such residential use.
G) A plan for the periodic disposal of sawdust shall be provided.
Section 1964 Cluster and Open Space Development
A) Within the R1 and R2 Districts, cluster and open space
development may be permitted by special exception subject to
the regulations of this section and others within this
Ordinance that may pertain. By permitting cluster and open
space development by special exception within the residential
districts of Pequea Township, it is the intent of the Township
to:
1) Preserve environmentally sensitive areas and historic
resources which are appropriate to remain undisturbed;
2) Retain and protect open space areas within residential
development for use by Township residents and landowners;
3) Encourage cost-effective, flexible and environmentally
sensitive site planning of large tracts of land,
including subdivisions and land developments;
4) Minimize potential adverse impacts from new residential
development on adjacent subdivisions and properties
devoted to agricultural uses;
5) Protect the existing aesthetics within particular
sections of the Township by limiting the visual
intrusiveness of new residential uses;
6) Provide a means to attain the goals and objectives of the
Township Comprehensive Plan relative to orderly growth,
open space preservation and the enhancement of
environmental resources; and
7) To support the particular objectives of the Conestoga and
Pequea Creek scenic corridors, as established in the
Pequea Township Comprehensive Plan.
B) Qualifying Conditions. The following minimum conditions shall
be satisfied prior to any development proposal becoming
eligible for use of cluster and open space development:
1) The tract of land to utilize this design option shall be
held in single and separate ownership, or in the case of
Pequea Township Zoning Ordinance 360
multiple ownership, the tract shall be developed
according to a single plan with common authority and
common responsibility.
2) A minimum of four (4) residential lots or dwellings shall
be proposed in order to qualify for the use of this
design.
3) The proposed development must be served with public water
service.
4) Public sewage disposal must be utilized.
C) General Regulations. Applicants proposing the use of the
cluster and open space design must comply with the following
regulations:
1) Required Site Analyses. The applicant shall demonstrate
that development, including site improvement, lot design
and open space configuration, preserves open space,
natural features and environmentally sensitive areas,
preserves historic sites, and in all respects complies
with the Lancaster County Subdivision and Land
Development Ordinance.
2) Permitted Uses Within Cluster and Open Space
Developments. A building may be erected or used and a
lot may be used or occupied only for the following
residential uses:
a) Single-family detached dwellings;
b) Single-family attached dwellings;
c) Duplex dwellings;
d) Multi-family apartments
e) Other multi-family dwellings, as conversions of
structures, provided such structures are considered
by the Lancaster Historic Preservation Trust to be
historic structures. Reconstruction, alteration or
restoration of historic structures shall conform to
the requirements of the United States Secretary of
the Interior’s Standards for Rehabilitation and as
amended.
3) Required Open Space. Cluster developments shall provide
for common open space and required open space areas
within the common open space. The area of common open
space shall be at least as great as the minimum size of
the required open space area required by this Article.
4) Required Perimeter Greenbelt. Any tract of land to use
the cluster design shall be provided with a tract
Pequea Township Zoning Ordinance 361
perimeter greenbelt such that the minimum dimension of
any required yard area which abuts the tract boundary
shall in no case be less than seventy-five (75) feet and
shall be in accordance with the requirements of Section
1710, Section 1964(D), and site maintenance and guarantees
required in Section 1964(F).
D) Area and Bulk Regulations. The following area and bulk
regulations shall apply to projects proposing the cluster
design:
1) Gross Density Calculation. The maximum gross density, or
the number of lots, permitted using the cluster and open
space design shall be calculated according to the
following formula. The maximum number theoretically
permissible may not be achievable in all cases.
a) The net tract area shall be determined by deducting
existing road and utility rights-of-way and all
environmentally sensitive areas as defined in Article
2, from the total tract area.
b) In the R1 District, where public water and sewage
disposal facilities will be provided, the maximum
number of lots or units shall be calculated by
dividing the net tract area determined in accordance
with subparagraph (1) above by 18,000 square feet.
c) In the R2 District, where public water and sewage
facilities will be provided, the maximum number of
lots or units shall be calculated as follows:
i) The maximum number of single family detached
dwellings permitted shall be calculated by
dividing the net tract area by 12,000 square
feet.
ii) The maximum number of semi-detached dwellings
permitted shall be calculated by dividing the
net tract area by 8,400 square feet.
iii) The maximum number of multi-family
dwellings, including single family
attached and apartments, shall be calculated
by dividing the net tract area by
7,260 square feet.
iv) The cluster and open space design may include a
mixture of housing forms provided that the total
number of units remains equal to, or less than
that which is permitted for multi-family
dwellings without exceeding the maximum number
of units permitted for each housing form as
calculated in subparagraphs (i) and (ii) of this
Section.
Pequea Township Zoning Ordinance 362
2) Area and Bulk Regulations. Tracts in the R1 and R2
Districts may cluster lots or units, the maximum number
of which is determined in accordance with Section
1964(D)(1) above, when in compliance with the following
area and bulk regulations:
a) The required open space area shall encompass all
environmentally sensitive areas defined in Article 2
and shall contain an area of not less than thirty
percent (30%) of the total tract area in the R-1
District or not less than twenty-five percent (25%)
of the total tract area in the R-2 District.
b) The minimum building separation between principal
residential structures, whether single family or
multi- family, shall be thirty (30) feet at any
point.
c) The minimum building setback from any public rightof-
way, private road, internal drive or parking area
shall be thirty (30) feet. Individual private drives
and individual parking areas are exempt from this
requirement.
d) Not more than forty percent (40%) of the developed
area shall be covered with impervious surfaces.
e) Not more than twenty percent (20%) of the developed
area shall be covered by buildings.
f) Buildings shall not exceed a height of three (3)
stories or thirty-five (35) feet.
E) Design Standards. The following standards shall apply to
development in this district:
1) Building length or depth. The greatest dimension in
length or depth of a new structure shall not exceed one
hundred fifty (150) feet. No more than six (6) units
shall be allowed in a new structure.
2) Historic sites and their cultural landscapes may be
included as part of the required open space area, subject
to compliance with the regulations of this Article.
3) Cultural landscapes required to preserve a historic
site’s integrity shall be maintained.
4) Reserved.
5) All dwelling units shall have access to common open space
and required open space areas either directly, i.e., by
abutting such open space, or through provision of
pedestrian access.
Pequea Township Zoning Ordinance 363
6) All uses within cluster and open space developments shall
comply with Article 17.
7) Open Space Standards
a) Open space shall be configured in accordance with the
requirements of this Ordinance so as to:
i) minimize negative impacts of development on the
tract;
ii) maximize the conservation of historically and
environmentally sensitive areas as defined in
Article 2. These shall also include cultural
landscapes, present hedgerows, fence lines,
paths, and trails, and other noted landscape
features;
iii) minimize intrusion upon public and private
views, on and off site;
iv) and provide required open space per Sections
1964(C) and 1964(D).
b) In no case shall individual required open space areas
be less than fifty (50) feet in width or length, or
have a ratio of the longest to the shortest dimension
exceeding 4 to 1, except areas of pedestrian links
and/or to preserve a viewshed or scenic corridor.
c) There shall be no more than three (3) non-contiguous
required open space areas, except when provided in
addition to the minimum required open space.
d) No more than sixty (60%) percent of the required open
space area shall be comprised of environmentally
sensitive areas, stormwater facilities, and utility
rights of way.
e) Open Space shall be restricted against further
subdivision or development through establishment of
a conservation easement or other form of restriction
acceptable to the Township Board of Supervisors.
Such restriction shall be noted on the final plan, as
recorded.
f) Use of required open space areas may include the
following:
i) crop or pasture land, open field, common
gardens, or lawn;
ii) cultivation of nursery stock or orchard trees;
iii) woodland, meadow, wetland, existing water
Pequea Township Zoning Ordinance 364
course, game preserve, or similar
conservation oriented area;
iv) park, pedestrian, bicycle, or equestrian trails
or active recreation land;
v) stormwater management facilities and utility
rights of way.
g) No structures, required setbacks, greenbelts, or
impervious surfaces shall be counted towards the
minimum required open space except historic sites and
recreational facilities as provided herein.
h) The open space area shall contain recreation areas as
per the Lancaster County Subdivision and Land
Development Ordinance and Pequea Township Ordinances
concerning recreational areas.
8) A traffic study is required.
F) Common Open Space and Facilities. It is the intent of this
section to ensure a perpetual level of adequate operation and
maintenance of common or public open space, recreation
facilities, stormwater management facilities, preservation
areas, common parking areas and driveways, private streets,
or any other common or community facilities (hereinafter
referred to as common facilities).
1) Ownership Standards. Common facilities may be retained
in ownership by the original owner of the tract or by the
developer; may be divided among one (1) or more of the
several proposed lots; or may be preserved, owned, and
maintained through one (1) or more of the following
methods: condominium, homeowners’ association, fee
simple dedication to public agency, transfer of easements
to a private conservation organization, fee simple
dedication to a private conservation organization and/or
dedication of easements to a public agency. Such land or
facilities shall not be eligible for transfer to another
party except for transfer to another method of ownership
permitted under this Section, and then only where there
is no change in the common facilities. The following
specific requirements are associated with each of the
various methods:
a) Condominium - Common facilities may be controlled
through the use of condominium agreements. Such
agreements shall be in conformance with the
Pennsylvania Uniform Condominium Act in effect at the
time of construction or transfer. All of the above
described land and facilities shall be held as
"common element."
b) Fee Simple Dedication to a Public Agency - The
Pequea Township Zoning Ordinance 365
Township, or other public agency acceptable to the
Township, may, but shall not be required to, accept
any portion or portions of the common facilities.
The Township shall have the right to accept at any
time and from time to time, the dedication of land or
any interest therein for a public use provided that:
i) any common facilities so dedicated are
accessible to the residents of the Township;
ii) there is no cost of acquisition (other than any
costs incidental to the transfer of ownership,
such as title insurance);
iii) and the Township or other public agency
acceptable to the Township, agrees to and
has access to maintain such common
facilities.
c) Dedication of Easements to a Public Agency - The
Township or other public agency acceptable to the
Township may, but shall not be required to, accept
easements or public use of any portion or portions of
the common facilities, the title of which is to
remain in private ownership or by the condominium or
homeowners association, provided:
i) any common facilities so dedicated are
accessible to the residents of the Township;
ii) there is no cost of easement acquisition (other
than any costs incidental to the transfer of
ownership, such as title insurance);
iii) and a satisfactory maintenance agreement
is reached between the owner and the
Township or other public agency.
d) Transfer of Easements to a Private Conservation
Organization - With permission of the Township, any
owner may transfer easements on common facilities to
a private, non-profit organization, among whose
purpose is to conserve open space land and/or natural
resources provided that:
i) the organization is acceptable to the Township,
and is a bona fide conservation organization,
with perpetual existence;
ii) the conveyance contains appropriate provisions
for proper reverter or retransfer in the event
that the organization becomes unwilling or
unable to continue carrying out its functions.
iii) a maintenance arrangement acceptable to
Pequea Township Zoning Ordinance 366
the Township is established between the
owner and the grantee in accordance with
this Section.
e) Fee Simple Dedication to a Private Conservation
Organization - With the permission of the Township,
any owner may dedicate any portion of the common
facilities to a private, non-profit conservation
organization, among whose purpose is to conserve open
space land and/or natural resources, provided that:
i) the organization is acceptable to the Township,
and is a bona fide conservation organization
with perpetual existence.
ii) the conveyance contains appropriate provisions
for proper reverter or retransfer in the event
that the organization becomes unwilling or
unable to continue carrying out its function.
iii) a maintenance agreement acceptable to the
Township is established in accordance with
this Section.
f) Homeowners’ Association - The common facilities may
be held in common ownership by a homeowners’
association. This method shall be subject to all of
the provisions for homeowners’ associations set forth
herein and in Section 705 of the Municipalities
Planning Code or as amended. In addition, if a
homeowners’ association is formed, it shall be
governed according to the following regulations:
i) The owner or applicant proposing to establish a
homeowners’ association shall provide to the
Township a description of the organization,
including its by-laws and documents governing
maintenance requirements and use restrictions
for common facilities, and all of the above
shall be agreeable to the Township. The cost of
the review by the Township Solicitor shall be
borne by the owner of the tract.
ii) The organization shall be established by the
owner or applicant and shall be operating (with
financial subsidization by the owner or
applicant, if necessary) before the sale of any
dwelling units within the development.
iii) Membership in the organization is
mandatory for all purchasers of dwelling
units therein and their successors.
iv) The organization shall be responsible for
maintenance of and insurance on common
Pequea Township Zoning Ordinance 367
facilities.
v) The organization shall be responsible to pay all
applicable real estate taxes on common
facilities only where the following preferred
alternative is not utilized: the owner or
applicant for any tract proposed to contain any
common facilities shall arrange with the County
Board of Assessment a method of assessment of
the common facilities which will allocate to
each tax parcel in the development a share of
the total assessment for such common facilities.
Where this alternative is to be utilized, the
method of allocation shall be approved by the
Board of Supervisors.
vi) The members of the organization shall share
equitably the costs of maintaining, insuring,
and operating common facilities, and of
developing additional common facilities, if any,
in accordance with the procedures established by
them.
vii) In the event of any proposed transfer of
common facilities by the homeowners’
association or of the assumption of
maintenance of common facilities as
hereinafter provided, written notice of
such action shall be given to all members
of the homeowners association and to the
Township by said association no less than
thirty (30) days prior to such event.
viii) The organization shall have or hire
adequate staff, as necessary, to
administer, maintain and operate common
facilities.
ix) The homeowners’ association may lease back open
space lands to the developer, his heirs or
assigns, or to any other person or corporation
qualified to manage open space for operation and
maintenance of open space lands, but such a
lease agreement shall provide (i) that the
common open space to be leased shall be maintained
for the purpose set forth in this
Ordinance; and (ii) that the operation of open
space facilities may be for the benefit of the
residents of the development only or may be open
to the public. The lease shall be subject to
the approval of the Township, as shall any
transfer of assignment of the lease. Lease
agreements so entered upon shall be recorded
with the Recorder of Deeds of Lancaster County
within thirty (30) days of their execution and
Pequea Township Zoning Ordinance 368
a copy of the recorded lease shall be filed with
the Township.
2) Minimum Maintenance Requirements.
a) The applicant for any development proposed to contain
common facilities shall, where applicable, provide to
the Zoning Hearing Board, a plan for maintenance and
operation of common facilities. Said plan shall:
i) define ownership;
ii) establish necessary regular and periodic
operation and maintenance responsibilities;
iii) estimate staffing needs, insurance
requirements and associated cost, and
define the means for funding same on an
on-going basis.
ix) Portions of the common open space may be
designated for use by the general public.
b) In the event that the organization established to own
and maintain common facilities or any successor
organization, shall, at any time after establishment
of the common facilities, or the use attendant
thereto fail to maintain all or any portion of the
aforesaid in reasonable order and condition in
accordance with the development plan and all applicable
laws, rules and regulations, the Township may
serve written notice upon such organization, upon the
residents and owners of the uses relating thereto,
setting forth the manner in which the organization
has failed to maintain the aforesaid common
facilities in a reasonable condition. Said notice
shall include a demand that such deficiencies of
maintenance be cured within thirty (30) days thereof,
and shall state the date and place of a hearing
thereon which shall be held within fourteen (14) days
of the notice. At such hearing, the Township may
modify the terms of the original notice as to the
deficiencies and may give an extension of time within
which said deficiencies shall be corrected. If the
deficiencies set forth in the original notice or in
the modifications thereof shall not be corrected
within the said thirty (30) days or any extension
thereof, the Township, in order to preserve the
taxable values of the premises and to prevent the
common facilities from becoming a public nuisance,
may enter upon the same and maintain the same and/or
take corrective action for a period of one (1) year.
The organization, or its successor organization,
shall be considered in violation of this chapter, in
which case the bond, if any may be forfeited, and any
Pequea Township Zoning Ordinance 369
permits may be revoked or suspended. Said entry and
maintenance shall not constitute a taking of said
common facilities and shall not vest in the public
any rights to use the common facilities except when
the same is voluntarily dedicated to the public by
the residents and owners and such dedication is
acceptable to the Township. Before the expiration of
said year, the Township shall, upon its initiative or
upon the request of the organization theretofore
responsible for the maintenance of said common
facilities, call a public hearing upon notice to said
organization, or to the residents and owners of the
dwelling units attendant thereto, at which hearing
such organization or the residents and owners of the
aforesaid dwelling units shall show cause why such
maintenance by the Township shall not, at the
election of the Township, continue for a succeeding
year. If the Township shall determine that such
organization is ready and able to maintain said
common facilities, the Township shall cease to
maintain said common facilities at the end of said
year. If the aforesaid are not ready and able to
maintain said common facilities in a reasonable
condition, the Township may, in its discretion,
continue to maintain said common facilities during
the next succeeding year and subject to a similar
hearing and determination in such year thereafter.
There, decision of the Township in any such case,
shall constitute a final administrative decision
subject to judicial review.
c) The cost of such maintenance and enforcement
proceedings by the Township shall be assessed
ratably, in accordance with the tax assessments,
against the properties that have the right of
enjoyment of the common facilities and shall become
on lien on said properties. The Township, at the
time of entering upon such common facilities for the
purpose of maintenance, shall file a notice of such
lien in the office of the Prothonotary of the County,
upon the properties affected by such lien.
d) In addition to the maintenance requirements set forth
in the Lancaster County Subdivision and Land
Development Ordinance, the Township may require the
developer or the owner of the common facilities, to
meet any combination of the following maintenance
requirements:
i) The creation of an escrow fund held by the
grantee or for the grantee’s benefit in an
amount to be approved by the Township, which
approval may not be unreasonably withheld. The
fund is to be utilized for maintenance and
operation of common facilities.
Pequea Township Zoning Ordinance 370
ii) The purchase and installation of any component
of the facility which is deemed by the grantee
to have reached 1/2 of its useful life.
iii) The performance of all work and the
installation of all materials necessary to
bring the common facilities into
compliance with the facilities at the time
of its conveyance or transfer.
Section 1965 Retail Stores, Shopping Centers, Supermarkets, and
Business Offices in Excess of 10,000 Square Feet of
Gross Floor Area
Within the Commercial District, retail stores, shopping centers,
supermarkets, and business offices, whether initially or
cumulatively, in excess of 10,000 square feet of gross floor area
may be permitted by special exception subject to the following
standards and criteria:
A) The applicant shall demonstrate compliance with all of the
criteria set forth in Section 1962(A) through (M) of this
Ordinance except as such requirements may be increased by this
Section.
B) A greenbelt shall be provided along all property lines (except
for necessary access drives) which shall be at least eighty
(80) feet in depth for building(s), whether initially or
cumulatively, in excess of 50,000 square feet of gross floor
area and at least fifty (50) feet in depth for building(s)
between 10,001 and 50,000 square feet of gross floor area.
C) The applicant shall provide an analysis, prepared by a
professional engineer experienced in the field of traffic
analysis, of the physical conditions of the road system
serving the site in accordance with Section 1711.
D) Traffic control and access requirements.
1) At least two separate points of ingress and egress shall
be provided from an arterial road or a major rural
collector road.
2) Applicant shall demonstrate that the road network
providing access to and from the site can accommodate the
volume of traffic reasonably expected to be generated by
the proposed use in a safe and convenient manner or that
the applicant will make all improvements necessary to the
road network to provide for safe and convenient access to
and from the site.
3) Applicant shall demonstrate that the horizontal and
vertical alignments of the existing road network and the
proposed access ways to the site permit safe and
convenient access to and from the site or that the
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applicant will make all modifications to the horizontal
or vertical alignment and to the proposed access ways to
the site to eliminate any unsafe condition.
4) Applicant shall demonstrate that the proposed use will
not create unusual traffic patterns or movements which
will jeopardize the traveling public.
5) Applicant shall demonstrate that the proposed use will
not materially increase traffic congestion on the streets
abutting the site or at any of the intersections required
to be studied by Section 1711.
6) Applicant shall demonstrate that the location and design
of the proposed access ways to and from the site are
designed in a manner that will provide the least
detrimental impact upon traffic capacity, level of
service and safety upon abutting roads. Applicant shall
install all traffic control signals and devices necessary
to mitigate any detrimental impact.
7) If reduction of the speed limit, installation of traffic
control signals and devices, or similar measures are
required to mitigate traffic impacts upon Township or
State highways, the applicant shall present traffic
studies performed in accordance with PennDOT regulations,
guidelines and procedures to support the imposition of
such traffic regulations or the installation of such
traffic control signals and devices. If the enactment of
an ordinance is necessary to effectuate traffic
regulations, the applicant shall reimburse the Township
for all expenses incurred in the preparation and
enactment of the necessary ordinance.
8) Applicant shall make all improvements necessary to
maintain an adequate level of service and to eliminate
any unsafe conditions on all intersections and streets
within the area required to be studied by Section 1711
and shall make all improvements required by the applicable
subdivision and land development ordinance, road
ordinance, any other Township ordinance, and the
regulations, guidelines and procedures of PennDOT. In
addition to any other requirement of this Ordinance, the
improvements to the roadway network within the traffic
impact study area shall provide for a level of service
with the proposed development which is at least
equivalent to the level of service without the proposed
development.
E) Interior circulation. Interior access ways shall be designed
so as to prevent the blocking of vehicles entering or leaving
the site, stacking and cross-over traffic. Areas provided for
loading or unloading of trucks and/or other vehicles or for
servicing of stores, offices or shops or for trash removal or
recyclable collection or other services shall be adequate in
Pequea Township Zoning Ordinance 372
size and shall be so arranged that they may be used without
blocking or interfering with internal circulation. Applicant
shall provide a comprehensive interior plan which shall demonstrate
that there will be safe traffic circulation throughout
the parking area.
F) Applicant shall contact the provider of mass transportation
services in the area to determine if the site is located along
a mass transportation route and, if so, whether a stop may be
located within the site. If the mass transportation provider
is willing to locate a transit stop in the site, applicant
shall design the facility to provide a safe and convenient
mass transit stop together with a shelter. Applicant shall
also include an area within the parking compound for a park
and ride facility if necessary to lessen traffic congestion.
G) Minimum front yard: Two hundred (200) feet for all
building(s), whether initially or cumulatively, in excess of
50,000 square feet of total gross floor area; one hundred
(100) feet for all building(s) between 10,001 and 50,000
square feet of total gross floor area.
H) Minimum side yard: One hundred (100) feet for all
building(s), whether initially or cumulatively, in excess of
50,000 square feet of total gross floor area; seventy-five
(75) feet for all building(s) between 10,001 and 50,000 square
feet of total gross floor area.
I) Minimum rear yard: One hundred feet (100) feet for all
building(s), whether initially or cumulatively, in excess of
50,000 square feet of total gross floor area; seventy-five
(75) feet for all building(s) between 10,001 and 50,000 square
feet of total gross floor area.
J) Outdoor storage shall be limited to plants, nursery and garden
supplies, soil, peat moss, and similar materials. Such
outdoor storage shall not utilize off-street parking spaces.
Outdoor storage of other goods and inventory shall not be
permitted.
K) Applicant shall present elevation drawings of all sides,
including elevation drawings from prominent approach points.
Applicant shall provide drawings which shall set forth the
essential architectural elements of the design of the
structure.
Section 1966 Hotels and Motels
Within the Commercial District hotels and motels may be permitted
by special exception subject to the following standards and
criteria:
A) The applicant shall demonstrate compliance with all of the
criteria set forth in Section 1962(A) through (M) of this
Ordinance except as such requirements may be increased by this
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Section.
B) Use of recreational facilities shall be limited to guests of
the hotel or motel. If the recreational facilities are
proposed to be open to persons other than guests of the
establishment, the recreational facility shall meet all
requirements of this Ordinance as if it were a separate
principal use of the property.
C) If a restaurant is proposed, the restaurant shall meet all
requirements of this Ordinance as if the restaurant were a
separate principal use.
D) The applicant shall provide a statement setting forth the full
particulars of the operation, including all recreational
facilities and amenities to be provided for guests.
Section 1967 Restaurants
Within the Commercial District, restaurants other than drive-in
or drive-thru or fast food restaurants may be permitted by
special exception in accordance with the following criteria:
A) The applicant shall demonstrate compliance with all of the
criteria set forth in Section 1962(A) through (M) of this
Ordinance except as such requirements may be increased by this
Section.
B) All exterior seating areas shall be completely enclosed by a
fence or a landscape screen.
C) No restaurant shall invite or permit members of the general
public on the premises who must pay an entrance fee, cover
charge or extra charges for refreshments, service or
merchandise which, in effect, substitutes for an entrance fee
or cover charge, unless the restaurant also obtains a special
exception under Section 902(A)(24) as a night club.
Section 1968 Conference and Resort Centers
Within the Commercial District, conference and resort centers may
be permitted by special exception in accordance with the
following criteria:
A) The applicant shall demonstrate compliance with all of the
criteria set forth in Section 1962(A) through (M) of this
Ordinance except as such requirements may be increased by this
Section.
B) The applicant shall demonstrate compliance with all of the
requirements of Section 1966 of this Ordinance if the
conference or resort center provides lodging.
C) The applicant shall comply with all of the requirements of
Section 1967 of this Ordinance if the conference or resort
Pequea Township Zoning Ordinance 374
center contains a restaurant open to members of the public.
D) The applicant shall demonstrate compliance with the traffic
control and access requirements set forth in Section 1965(D)
of this Ordinance.
E) The applicant shall demonstrate compliance with the
regulations for interior circulation set forth in Section
1965(E) of this Ordinance.
Section 1969 Clinics and Residential Treatment Facilities
Within the Commercial District, clinics and residential treatment
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
illnesses, injuries or conditions arising from physical or mental
illness or injuries may be permitted by special exception in
accordance with the following criteria:
A) The applicant shall demonstrate compliance with all of the
criteria set forth in Section 1962(A) through (M) of this
Ordinance except as such requirements may be increased by this
Section.
B) The applicant shall provide a statement setting forth the full
particulars of the operation, including number of
patients/residents, staffing, treatment/therapies and all
recreational facilities and amenities to be provided for
patients/residents.
C) The minimum lot size shall be one (1) acre plus an additional
one thousand (1,000) square feet for each patient/resident
over twenty (20).
D) One off-street parking space shall be provided for each staff
member on the largest shift, and off-street parking for
visitors and non-resident patients shall be provided as
required for rehabilitation centers in Section 1404(C)(18).
If patients/residents are permitted to have motor vehicles,
one off-street parking space shall be provided per bed.
E) The applicant shall demonstrate that all necessary permits and
requirements have been obtained from all Commonwealth and
Federal licensing agencies.
Pequea Township Zoning Ordinance 375
Section 1970. Requirements for Non-Agricultural Dwellings in the
Agricultural District
A) Purpose. In order to protect, preserve, and promote
agricultural uses within the Agricultural District, it is the
intent that the creation of non-agricultural uses shall be
regulated in order to allow the remaining areas to be
efficiently used for continued or potential future
agricultural purposes and to avoid the fragmentation of
farming areas and farming culture within the Agricultural
District.
B) Configuration. The layout of non-agricultural lots or
dwellings shall be grouped so that no more than one additional
access to an existing public road will result from the parent
tract. To allow for the non-agricultural development
permitted in this District, yet to preserve prime agricultural
soils and soils of statewide importance, the layout of lots
shall create the least amount of disruption to agricultural
practices, operations and prime agricultural soils. The
applicant shall comply with Paragraph 1 below unless applicant
demonstrates to the satisfaction of the Township that
Applicant cannot comply with Paragraph 1. If Applicant has
demonstrated to the Township that Applicant cannot comply with
Paragraph 1 below, Applicant shall design the layout of
nonagricultural lots or dwellings in accordance with Paragraph
2 below. If Applicant demonstrates to the satisfaction of the
Township that Applicant cannot comply with Paragraph 1 or
Paragraph 2 below, Applicant may lay out non-agricultural lots
or dwellings in accordance with Paragraph 3 below.
1) Requirement 1 - Construction of dwellings or subdivision
of lots on non-prime soils and soils that are not
classified as soils of statewide importance. Dwellings
or subdivision of lots shall be located adjacent to
developed lots or other dwellings that were subdivided
previously for non-agricultural uses. It shall be the
burden of the applicant to demonstrate why the dwelling
or lot cannot be located in accordance with this
requirement. If the Township determines that this
requirement is not achievable by the applicant, the
following shall be followed:
2) Requirement 2 - Construction of dwellings or subdivision
of lots on non-prime soils. A dwelling or lot shall be
located on soils that cannot feasibly be farmed due to
lot location, shape, or configuration, or physical
features not conducive to farming, such as rock or poor
soils. It shall be the burden of the applicant to
demonstrate why the dwelling or lot cannot be located in
accordance with this requirement. If the Township
determines that this requirement is not achievable by the
applicant, the following shall be followed:
3) Requirement 3 - Construction of dwellings or subdivision
Pequea Township Zoning Ordinance 376
of lots on productive soils or on prime soils or soils
classified as soils of statewide importance. If it is
determined that a dwelling or lot(s) cannot be located in
accordance with requirements 1 and 2 above due to
physical features, a dwelling or lot may be located on
prime soils but in any case on the least agriculturally
productive land or in an area that will minimize
interference with existing or future agricultural
practices or operations, including but not limited to
locations on tract corners, on remote areas of the parent
tract, or adjacent to other non-agricultural land uses.
It shall be the burden of the applicant to demonstrate
why the dwelling or lot cannot be located in accordance
with requirements 1 and 2 above.
C) Compatibility with Agricultural Activities. The placement of
the proposed dwelling or lot shall not conflict with
agricultural operations. The Township may require the
dwelling or lot to be placed upwind from any agricultural
activities and shall consider any existing intensive
agricultural activity in its evaluation of the proposed
dwelling or lot location.
D) Location Near Similar Lots. In order to avoid the
fragmentation of the agricultural area, the Township may
require the proposed dwelling or lot to be located at or near
an intersection, near similar lots, or at a place where a
grouping of dwellings or lot exists or may reasonably be
created in the future.
E) Additional Information. In addition to all other information
required by the Township or the Zoning Ordinance, the
following information shall be submitted:
1) Delineation and calculated area of all prime agricultural
soils and soils of statewide importance.
2) The location and uses of structures within two hundred
(200) feet of the lot line of the parent tract.
3) Delineation and the calculated area of the following:
tract location, shape, wetlands, areas of at least 25%
slope and rock outcrop areas, streams, floodplains, karst
areas, utility easements or rights-of-way, storm water
easements or rights-of-way, sewage easements or rightsof-
way, and historic structures and historic sites.
4) Approximate location of future subdivision of lots from
the parent tract, when less than the maximum number of
lots permitted is proposed.
F) Process. The Township strongly encourages applicants to meet
with the Planning Commission to discuss an informal sketch
plan prior to the official submission of an application.
Sketch plans are useful tools to identify and correct
Pequea Township Zoning Ordinance 377
potential design problems before the expenditure of
significant time and expense, and can help to expedite the
review and approval of the plan.
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