Part Twelve – Planning and Zoning Code

Title Two - Planning

Chap. 1220. Planning Commission.

Chap. 1222. General Plan.

Title Six - Zoning

Chap. 1260. General Provisions and Definitions.

Chap. 1262. Administration, Enforcement and Penalty.

Chap. 1264. Zoning Hearing Board.

Chap. 1266. Districts Generally and Zoning Map.

Chap. 1268. R1 Low Density Residence Districts.

Chap. 1270. R2 Medium Density Residence Districts.

Chap. 1272. R3 High Density Residence Districts.

Chap. 1274. GC General Commercial Districts.

Chap. 1276. GI General Industrial Districts.

Chap. 1278. LI Limited Industrial Districts.

Chap. 1280. IP Industrial Park Districts.

Chap. 1282. BP Business Park Districts.

Chap. 1284. Planned Development Districts.

Chap. 1286. Signs.

Chap. 1287. Billboards.

Chap. 1288. Nonconforming Buildings, Uses and Lots.

Chap. 1290. Supplementary Regulations.

Chap. 1292. Communications Facilities.

 

CHAPTER 1220 - Planning Commission

1220.01 Establishment; membership; residency; compensation; functions.

    CROSS REFERENCES

    Planning agencies - see Penna. Mun. Plan. Code, Art. I

    Comprehensive plan - see Penna. Mun. Plan. Code, Art. III

    Subdivision and land development - see Penna. Mun. Plan. Code, Art. V

    Planned Residential Development - see Penna. Mun. Plan. Code, Art. VII

    Joint Municipal Planning Commission - see Penna. Mun. Plan. Code, Art. XI

1220.01 ESTABLISHMENT; MEMBERSHIP; RESIDENCY; COMPENSATION; FUNCTIONS.

There is hereby established a Planning Commission, in and for the Township, to be known as the Lower Chichester Township Planning Commission and consisting of five persons, all of whom shall reside within the Township and shall serve without compensation. Annually, the Commission shall make a report of its transactions to the Township Commissioners. It shall lay before the Township Commissioners plans showing natural features, including streets and highways and locations recommended for new public buildings, parks, playgrounds and other public improvements. Any plans so submitted shall not be effective unless they are approved by the Township Commissioners.

(Ord. 407. Passed 4-15-68.)


CHAPTER 1222 - General Plan

1222.01 Adoption of Plan; filing; conformity of subdivisions; alterations and improvements of public ways.

1222.02 Dedication of streets; approval of plans; paving required; building permits.

1222.99 Penalty.

    CROSS REFERENCES

    Planning agencies - see Penna. Mun. Plan. Code, Art. I

    Comprehensive plan - see Penna. Mun. Plan. Code, Art. III

    Subdivision and land development - see Penna. Mun. Plan. Code, Art. V

    Planned Residential Development - see Penna. Mun. Plan. Code, Art. VII

    Joint Municipal Planning Commission - see Penna. Mun. Plan. Code, Art. XI

1222.01 ADOPTION OF PLAN; FILING; CONFORMITY OF SUBDIVISIONS; ALTERATIONS AND IMPROVEMENTS OF PUBLIC WAYS.

(a) A plan of street and alleys prepared by the Township Engineer, Chester F. Baker, dated 1932, is hereby adopted and approved as the official General Plan of the Township.

(b) The said General Plan shall be filed in the office of the Township Engineer, and all subdivisions of property hereafter made shall conform thereto.

(c) No streets or alleys or parts thereof laid out or accepted and confirmed on said General Plan shall afterward be altered without the consent of the Township Commissioners.

(d) No person shall be entitled to recover any damages for any improvements placed or constructed within the lines of any street or alley after the same has been located or ordained on the said General Plan.

(Ord. 171. Passed 4-18-32.)

1222.02 DEDICATION OF STREETS; APPROVAL OF PLANS; PAVING REQUIRED; BUILDING PERMITS.

(a) No person shall subdivide any tract or piece of land requiring the opening of streets or highways in the Township without prior approval of the plan of lots and streets by the Township Commissioners.

(b) After the approval of said plan by the Board of Commissioners, no person shall open any streets or highways on said plan and sell lots thereon without first paving said streets or highways in accordance with the specifications of paving as prescribed by the Board of Commissioners.

(c) No building permit shall be issued by the Building Inspector for the erection or construction of any building or structure on any plan of lots in the Township unless the plan of streets or highways has been approved by the Board of Commissioners in accordance with this section.

(Ord. 292. Passed 1-17-55.)

1222.99 PENALTY.

(EDITOR'S NOTE: See Section 202.99 of the Administration Code for general Code penalty if no specific penalty is provided.)


Title Six - Zoning

CHAPTER 1260 - General Provisions and Definitions

1260.01 Title.

1260.02 Community development objectives.

1260.03 Amendments.

1260.04 Separability.

1260.05 Definitions.

    CROSS REFERENCES

    Authority to enact - see Penna. Mun. Plan. Code, § 601

    Ordinance provisions - see Penna. Mun. Plan. Code, § 603

    Zoning purposes - see Penna. Mun. Plan. Code, § 604

    Statement of community development objectives - see Penna. Mun. Plan. Code, § 606

    Preparation of proposed zoning ordinance - see Penna. Mun. Plan. Code, § 607

    Enactment of zoning ordinance - see Penna. Mun. Plan. Code, § 608

    Enactment of zoning ordinance amendments - see Penna. Mun. Plan. Code, § 609

    Publication, advertisement and availability of ordinances - see Penna. Mun. Plan. Code, § 610

1260.01 TITLE.

This Title Six of Part Twelve of these Codified Ordinances shall be known and may be cited as the Township of Lower Chichester Zoning Ordinance of 1968 and shall be referred to throughout this Title Six as "this Zoning Code."

(Ord. 404. Passed 3-25-68.)

1260.02 COMMUNITY DEVELOPMENT OBJECTIVES.

(a) Land Use - Residential.

Goal - Accommodation of the anticipated and projected population growth.

Objective 1 - Maintenance of the older housing stock so as to prevent physical deterioration of structures, prevent overcrowding of dwelling units and prevent overall neighborhood decline.

Objective 2 - Provision of a variety of housing types in terms of prices, location, structure, type and tenure in suitable locations to meet the varying needs of all individuals and families.

Objective 3 - Provision of adequate living space, especially in terms of open space.

Objective 4 - Protection of living areas from smoke, noise, air pollution and other nuisances.

(b) Land Use - Commercial.

Goal - Encouragement and strengthening of a viable amount of well-located, well-designed, commercial establishments with primary emphasis on safety, convenience and attractiveness.

Objective l - Provision for growth in more clustered centers of high intensity use so as to reduce traffic hazards and enhance convenience.

Objective 2 - Encouragement of the separation of commercial traffic from through traffic and residential traffic by controlling ingress and egress points and by requiring sufficient offstreet parking and loading facilities.

(c) Land Use - Industrial.

Goal - Establishment of modern type industrial development in areas contiguous to present industrial development.

Objective l - Protection of residential and commercial areas from smoke, noise, air pollution and other nuisances by development of modern type industry.

Objective 2 - Encouragement of modern type industrial structures for industry consonant with comfortable living by residents in nearby areas.

(d) Municipal Services.

Goal - Provision of adequate services at reasonable and predictable costs to the taxpayer through an efficient, economical system capable of providing expanded services as necessary.

Objective 1 - Provision of adequate recreation facilities for all age groups and interests through cooperative efforts of the Township and the school system.

Objective 2 - Provision of professional law enforcement within the financial capability of the Township.

Objective 3 - Provision of adequate fire-fighting personnel and facilities so that all areas of the Township can be efficiently and effectively served.

Objective 4 - Provision of efficient, economical refuse collection and

street maintenance services.

(e) Transportation.

Goal - Provision of safe, convenient and economical movement of goods among places of residence, shopping and recreation.

Objective 1 - Elimination of existing hazardous traffic areas and traffic congestion by establishing priorities in street improvements and in signalization of intersections.

Objective 2 - Encouragement of mass transit routes to serve high intensity development.

(Ord. 434. Passed 12-29-71.)

1260.03 AMENDMENTS.

(a) The Board of Commissioners may from time to time amend, supplement, change, modify or repeal this Zoning Code, including the Zoning Map.

(b) The Board of Commissioners shall, by Resolution adopted at a stated meeting, fix the time and place of a public hearing on the proposed amendment, and cause notice thereof to be given as follows:

  (1) By publishing a notice thereof in at least one newspaper of general circulation in the Township once a week for two weeks at least ten days before such hearing.

  (2) By mailing or delivering a notice thereof to every civic association or association of residents in the Township which shall have registered its name and address for this purpose with the Zoning Hearing Board. The notice shall state the general nature of the proposed amendment.

(c) The Board of Commissioners, having held such hearing, may then at any stated meeting which follows such hearing by at least ten days, change, modify or repeal this Zoning Code as stated in the notices, by a majority vote of the Board of Commissioners.

(d) Whenever the owners of fifty percent or more of the frontage in any area wherein a change of zoning regulations is sought shall present to the Board of Commissioners a petition duly signed and acknowledged requesting an amendment, supplement, change, modification or repeal of the regulations prescribed for, or of the Zoning Map including such area, it shall be the duty of the Board of Commissioners to hold a public hearing thereon, and cause notice thereof to be given in the manner prescribed in subsection (b) hereof.

(e) In case of a protest against such change, signed by the owners of twenty percent or more, either of the area of the lots included in such proposed change, or of those immediately adjacent, in the rear thereof extending 100 feet therefrom, or of those directly opposite thereto extending 100 feet from the street frontage of such opposite lot, such amendment shall not become effective except by the favorable vote of three-fourths of the members of the Board of Commissioners.

(Ord. 404. Passed 3-25-68.)

1260.04 SEPARABILITY.

If any section, paragraph, subsection, clause or provision of this Zoning Code shall be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of this Zoning Code as a whole or any other part thereof.

(Ord. 404. Passed 3-25-68.)

1260.05 DEFINITIONS.

Unless otherwise stated herein, the words set forth in this section shall, for the purpose of this Zoning Code, have the meaning herein indicated.

(a) ACCESSORY BUILDING - Any building subordinate to the main building on a lot and used for purposes customarily incidental to the main building.

(Ord. 404. Passed 3-25-68.)

(b) ADMINISTRATIVE ACTIVITIES - Any business function in which there is no regular contact with the general public and no materials, products, goods or prepared foods are stored except for office consumption.

(c) ALTERATION - As applied to a building, any change or rearrangement in the structural parts, or any enlargement, whether by extending on any side, or by increasing in height or moving from one location or position to another.

(d) ARTIFICIAL FENCES - Any artificial structure, regardless of composition, that is erected for the purpose of enclosing a piece of land or dividing a piece of land into distinct portions.

(e) BUILDING - Any structure, edifice or object, including, but not limited to, a cement, macadamized, concrete base or pad upon which vehicles shall stop, park or stand for the purpose of receiving gasoline or oil at an automotive service station, erected or placed upon or attached to real estate, including all integral parts thereof, and all porches, eaves, bay windows, chimneys, fire escapes, steps, cellar doors, or other projecting parts thereof.

(Adopting Ordinance)

(f) BUILDING AREA - The aggregate of the maximum horizontal cross section area of the main building on a lot, excluding cornices, eaves, gutters, or chimneys projecting not more than eighteen inches, steps, one-story open porches, bay windows not extending through more than one story and not projecting more than three feet, balconies and terraces.

(g) CORNER LOT - A lot abutting on two intersecting streets.

(h) DWELLING.

  (1) MULTIPLE OR APARTMENT DWELLINGS - A building, on a lot, designed and used exclusively as a residence for three or more families.

  (2) ROW DWELLING - A building designed for and occupied exclusively as a residence for only one family and having two party walls in common with adjacent buildings.

  (3) SEMI-DETACHED DWELLING - Two attached dwellings when separated from the ground up by a division wall and with no communicating openings, designed and occupied exclusively as a private home or residence for not more than one family in each.

  (4) SINGLE-FAMILY DETACHED DWELLING - A building designed for and occupied exclusively as a residence for only one family and having no party wall in common with an adjacent building.

  (5) TWO-FAMILY DETACHED DWELLING - A building accommodating altogether but two families, with one living over the other. Such building has no party wall or walls in common with an adjacent building or buildings.

(i) FAMILY - A family is any number of individuals living together as a single housekeeping unit.

(j) FRONT STREET - The street upon which a lot abuts. If the lot abuts on more than one street, it means the street designated as the front street in an application for a building permit, at the applicant's election.

(k) HEIGHT OF A BUILDING - The height of a building measured from the mean level of the ground surrounding the building to a point midway between the highest and lowest points of the main roof, provided that chimneys, spires, towers, elevator houses, tanks and similar projections shall not be included in the height.

(l) LIVING FENCE - Hedges, shrubs or other plantings that are used for the purpose of enclosing a piece of land or dividing a piece of land into distinct portions.

(Ord. 94-3. Passed 9-19-94.)

(m) LOT - A parcel of land on which a principal building and its accessories are placed, together with the required open spaces.

(n) LOT AREA - The area of a lot computed in mathematical manner, exclusive of any portion occupied by any streets, roads, highways, lanes or alleys.

(o) PARKING SPACE - A space for parking of vehicles that is ten feet by twenty feet. In determining the number of spaces to be provided, the total parking area shall be divided by 350 square feet.

(p) PRIVATE GARAGE - A garage designed to store, house or keep not more than three motor vehicles, except for a multiple family unit where not more than four motor vehicles may be stored. The sale of fuel and accessories and the repair of vehicles are prohibited as public businesses within such garage.

(q) SPECIAL EXCEPTION - The permission or approval granted by the Zoning Hearing Board in situations where provision therefor is made by the terms of this Zoning Code or the Acts of Assembly.

(r) STREET LINE - The dividing line between a lot and a public or plotted street, road or highway, or a private street, road or highway over which two or more dominant estates have a right of way.

(s) TELEPHONE CENTRAL OFFICE - A building and its equipment erected and used for the purpose of facilitating transmission and exchange of telephone or radio telephone messages between subscribers, and other business of the telephone Company, provided that in a residential district a telephone central office shall not include public business facilities, storage of materials, trucks or repair facilities, or housing of repair crews.

(t) YARDS.

(1) FRONT YARD - The required open space between the front line of a building and the established line of a street, road, lane, highway or alley on which it fronts.

(2) REAR YARD - The required open space between a rear lot line and the main building on the lot. Such rear yard must be located on the lot appurtenant to the building and extend the full width thereof, excepting any garage thereon or any permissible accessory outbuilding.

(3) SIDE YARD - The required open space extending along the side lot line throughout the whole depth of the lot, excepting any garage thereon or any permissible accessory outbuildings.

(4) STREETS - Streets, highways, lanes, alleys, roads or open spaces on adjoining lots will not be considered as included within a yard for the purpose of determining the minimum requirements thereof.

(Ord. 404. Passed 3-25-68.)


CHAPTER 1262 - Administration, Enforcement and Penalty

1262.01 General authority of Building Inspector, Zoning Officer.

1262.02 Application for building permits; plot plans.

1262.03 Certification of compliance required.

1262.99 Penalty; equitable remedies.

    CROSS REFERENCES

    Appointment and powers of Zoning Administrator - see Penna. Mun. Plan. Code, § 614

    Enforcement notice - see Penna. Mun. Plan. Code, § 616.1

    Causes of action - see Penna. Mun. Plan. Code, § 617

    Jurisdiction of District Justice - see Penna. Mun. Plan. Code, § 617.1

    Enforcement remedies - see Penna. Mun. Plan. Code, § 617.2

    Finances and expenditures - see Penna. Mun. Plan. Code, § 617.3

    Exemptions - see Penna. Mun. Plan. Code, § 619

1262.01 GENERAL AUTHORITY OF BUILDING INSPECTOR; ZONING OFFICER.

It shall be the duty of the Building Inspector, and he or she is hereby given the power and authority, to enforce the provisions of this Zoning Code. The Building Inspector shall also be known as the Zoning Officer.

(Ord. 404. Passed 3-25-68.)

1262.02 APPLICATION FOR BUILDING PERMITS; PLOT PLANS.

The Building Inspector shall require that the application for a building permit and the accompanying duplicate plot plans shall contain all the information necessary to enable him or her to ascertain whether the proposed building complies with the provisions of this Zoning Code. In addition to other necessary data, the plot plans shall show, when requested by the Building Inspector, the location of all existing buildings or abutting land within ten feet of the side and rear lot lines of the premises of the applicant.

(Ord. 404. Passed 3-25-68.)

1262.03 CERTIFICATION OF COMPLIANCE REQUIRED.

No building permit shall be issued until the Building Inspector has certified on the face of the plot plan that the proposed building, alteration or use complies with all the provisions of this Zoning Code. He or she shall retain and file one copy of the plans.

(Ord. 404. Passed 3-25-68.)

1262.99 PENALTY; EQUITABLE REMEDIES.

(a) For any and every violation of the provisions of this Zoning Code, the owner, general agent or contractor of a building on premises where such violation has been committed or shall exist, and the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, the owner, general agent, contractor, lessee or tenant of any part of a building or premises in which part such violation has been committed or shall exist, and the general agent, architect, building contractor or any other person who knowingly commits or takes part or assists in any such violation or who maintains any building or premises in which any such violation shall exist, shall be liable on conviction thereof to a fine or penalty not exceeding three hundred dollars ($300.00), for each and every offense, which shall inure to the benefit and use of the Township with the costs of suit, and, in default of payment thereof, the Court may, in its discretion, commit the offender to prison in the County Jail for a period not exceeding thirty days for each and every offense. Whenever such person shall have been officially notified by the Zoning Administrative Officer or by service of a summons in a prosecution, or in any other official manner, that he or she is committing a violation, each day's continuance of such violation after such notification shall constitute a separate offense punishable by a like fine or penalty. Such fine shall be collected as like fines are now collected by law.

(Adopting Ordinance)

(b) In case any building or structure is erected, constructed, reconstructed, repaired, converted or maintained, or any building, structure or land is used, in violation of this Zoning Code or any regulations made pursuant thereto, the proper Township authorities, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business or use in or about such premises.

(Ord. 404. Passed 3-25-68.)


CHAPTER 1264 - Zoning Hearing Board

1264.01 Composition.

1264.02 Powers and duties.

1264.03 Rules.

1264.04 Meetings.

1264.05 Appeals.

1264.06 Public hearings.

1264.07 Fees.

    CROSS REFERENCES

    Zoning Appeals - see Penna. Mun. Plan. Code § 615

    Employment of legal counsel - see Penna. Mun. Plan. Code, § 617.3(c)

    Zoning Hearing Board and other administrative proceedings - see Penna. Mun. Plan. Code, Art. IX

    Appeals to court - see Penna. Mun. Plan. Code Art. X-A

    General provisions and definitions - see P. & Z. Ch. 1260

    Administration, enforcement and penalty - see P. & Z. Ch. 1262

1264.01 COMPOSITION.

The Zoning Hearing Board shall consist of three members appointed by the Board of Commissioners as provided by law. The word "Board," as contained in this chapter, shall mean the Zoning Hearing Board.

(Ord. 404. Passed 3-25-68.)

1264.02 POWERS AND DUTIES.

The Zoning Hearing Board shall have the following powers:

(a) To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Building Inspector or other administrative official in the enforcement of this Zoning Code.

(b) To hear and decide special exceptions to the terms of this Zoning Code upon which the Board is required to pass.

(c) To authorize, upon appeal, in specific cases such variance from the terms of this Zoning Code as will not be contrary to the public interest, where, owing to special conditions a literal enforcement of the provisions of this Zoning Code will result in unnecessary hardship, and so that the spirit of this Zoning Code shall be observed and substantial justice done.

(d) In exercising the above mentioned powers, such Board may, in conformity with the provisions of this Zoning Code, reverse, affirm, wholly or partly, or modify the order, requirements, decision or determination as, in its opinion, ought to be made. Notice of such decision shall forthwith be given to all parties in interest.

(Ord. 404. Passed 3-25-68.)

1264.03 RULES.

The Zoning Hearing Board shall adopt rules in accordance with the provisions of this Zoning Code as to the manner of filing an appeal or an application for a special exception or variance from the terms of this Zoning Code.

(Ord. 404. Passed 3-25-68.)

1264.04 MEETINGS.

Meetings of the Zoning Hearing Board shall be held at the call of the Chairperson and at such times as the Board may determine. The Chairperson, or in his or her absence, the acting Chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall become a public record.

(Ord. 404. Passed 3-25-68.)

1264.05 APPEALS.

Appeals to the Zoning Hearing Board may be taken by any person aggrieved or by any officer of the Township affected by any decision of the Administrative Officer. Such appeal shall be taken within a reasonable time, as provided by the rules of the Board, by filing with the officer from whom the appeal is taken, and with the Board, a notice of appeal specifying the grounds thereof.

The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.

(Ord. 404. Passed 3-25-68.)

1264.06 PUBLIC HEARINGS.

Upon the filing with the Zoning Hearing Board of an appeal, or of an application for a special exception in cases where the terms of this Zoning Code require a public hearing, or of an application for a variance from the terms of this Zoning Hearing, the Board shall fix a reasonable time and place for a public hearing and shall, in the manner prescribed by its rules, give public notice thereof, as well as due notice to the parties in interest, who shall be at least those persons whose properties adjoin the property in question, and shall decide the same within a reasonable time. Any party may appear at a public hearing in person or by agent or by attorney.

(Ord. 404. Passed 3-25-68.)

1264.07 FEES.

Any application to the Zoning Hearing Board and/or to the Board of Commissioners for zoning relief and/or conditional uses shall be accompanied by a nonrefundable application fee, as well as a minimum escrow for costs for public notices, court stenographer's fees, compensation of Board members where allowed and Township staff expenses, as follows:

(a) Single-family residential dwelling and accessory building or use: one hundred dollars ($100.00) nonrefundable application fee, plus two hundred dollars ($200.00) minimum escrow for costs.

(b) All other applications and appeals involving any other dwelling, building, use or zoning district: five hundred dollars ($500.00) nonrefundable application fee, plus seven hundred dollars ($700.00) minimum escrow for costs.

(Res. 98-23. Passed 10-19-98.)


CHAPTER 1266 - Districts Generally and Zoning Map

1266.01 Zoning districts.

1266.02 Zoning Map.

1266.03 Boundaries.

    CROSS REFERENCES

    Zoning classifications - see Penna. Mun. Plan. Code § 605

    General provisions and definitions - see P. & Z. Ch. 1260

    Administration, enforcement and penalty - see P. & Z. Ch. 1262

    Zoning Hearing Board - see P. & Z. Ch. 1264

    Signs - see P. & Z. Ch. 1286

    Nonconforming buildings, uses and lots - see P. & Z. Ch. 1288

    Supplementary regulations - see P. & Z. Ch. 1290

1266.01 ZONING DISTRICTS.

For the purpose of this Zoning Code, the Township is hereby divided into eight separate and definite districts to be designated as follows:

(a) Residence Districts.

  (1) R1 Low Density Residence District

  (2) R2 Medium Density Residence District

  (3) R3 High Density Residence District

(b) Commercial and Industrial Districts.

  (1) GC General Commercial District

  (2) GI General Industrial District

  (3) LI Limited Industrial District

  (4) IP Industrial Park District

  (5) BP Business Park District

(Ord. 404. Passed 3-25-68; Ord. 75-3. Passed 7-14-75; Ord. 91-7. Passed 11-25-91.)

1266.02 ZONING MAP.

The boundaries of the Districts established in Section 1264.01 shall be as shown upon the map attached to and made a part of this Zoning Code, which shall be known as the "Zoning Map." The Zoning Map and all notations, references and other data shown thereon are hereby incorporated by reference into this Zoning Code and shall be as much a part of this Zoning Code as if all were fully described herein.

(Ord. 404. Passed 3-25-68.)

1266.03 BOUNDARIES.

(a) Unless otherwise indicated, the boundaries between districts shall be either the centerlines of streets, such lines extended, or lines parallel thereto. Where figures are shown on the Zoning Map between a street and a district boundary line, they indicate that the district boundary line runs parallel to the street line at a distance therefrom equivalent to the number of feet so indicated.

(b) When a district boundary line divides a lot held in single and separate ownership on the effective date of this section (Ordinance 404, passed March 25, 1968), the regulations as to the use in the less restricted district shall extend over the portion of the lot in the more restricted district a distance of not more than fifty feet beyond the district boundary line, provided that the regulations as to the use in a less restricted district may extend a distance more than fifty feet beyond the district boundary line when authorized as a special exception.

(Ord. 404. Passed 3-25-68.)


CHAPTER 1268 - R1 Low Density Residence Districts

1268.01 Application of chapter.

1268.02 Permitted uses.

1268.03 Area requirements.

1268.04 Yard requirements.

1268.05 Lot requirements.

1268.06 Garages.

1268.07 Dedication of streets and paving required prior to construction of buildings.

1268.08 Off-street parking spaces.

    CROSS REFERENCES

    Zoning classifications - see Penna. Mun. Plan. Code § 605

    General provisions and definitions - see P. & Z. Ch. 1260

    Administration, enforcement and penalty - see P. & Z. Ch. 1262

    Zoning Hearing Board - see P. & Z. Ch. 1264

    Signs - see P. & Z. Ch. 1286

    Nonconforming buildings, uses and lots - see P. & Z. Ch. 1288

    Supplementary regulations - see P. & Z. Ch. 1290

1268.01 APPLICATION OF CHAPTER.

In an R1 Low Density Residence District the following regulations shall apply unless the procedures set forth in
Chapter 1284 for Planned Development Districts are approved as designated by the applicable provisions of such chapter.

(Ord. 404. Passed 3-25-68.)

1268.02 PERMITTED USES.

A building may be erected, altered or used, and a lot or premises may be used, for any of the following purposes and no other:

(a) One-family detached dwelling.

(b) Tilling of the soil.

(c) Accessory buildings.

(d) Professional office or studio for the personal use of a physician, surgeon, occulist, dentist, masseur, artist, teacher, beautician, architect, musician, lawyer, real estate agent, real estate broker, Justice of the Peace or practitioner of a similar character to any of the foregoing; or a room used for home occupations, including dressmaking, millinery or similar handicrafts; provided the office, studio or occupational room is located in the residence of the practitioner, and provided, further, that no retail sales are conducted, that no space is rented out or devoted to the use of any other person than the owner or tenant of said premises, residing therein, and that the essential character of the residence or the building is maintained.

(e) Signs, when erected to conform to and be maintained in accordance with Section 1286.02.

(Ord. 404. Passed 3-25-68.)

1268.03 AREA REQUIREMENTS.

(a) The building area shall not exceed ten percent of the lot area.

(b) There shall be a minimum requirement of 500 square feet of floor space under the main roof on the first floor of any two-story building; and a minimum of 650 square feet of floor space under the main roof on the first floor of any one-story or one and one-half story building.

(Ord. 404. Passed 3-25-68.)

1268.04 YARD REQUIREMENTS.

(a) There shall be a front yard, the depth of which shall be at least thirty-five feet from the established street line.

(b) In the case of a corner lot, the depth of the front yard, as defined in Section
1260.05, shall be required on both streets.

(c) In the case of all buildings, there shall be two side yards, one on either side of the building, each of which shall be not less than fifteen feet in width.

(d) There shall be a rear yard to every dwelling, the depth of which shall be at least fifty feet .

(Ord. 404. Passed 3-25-68.)

1268.05 LOT REQUIREMENTS.

The minimum lot width shall be ninety feet measured at the required setback line, and the minimum lot size shall be 16,000 square feet.

(Ord. 404. Passed 3-25-68.)

1268.06 GARAGES.

Detached garages erected on any lot must be at least twenty feet from the rear of the dwelling, shall be not less than three feet from the rear lot line and shall be not less than three feet from the party line, provided, however, that where joint driveways exist between two adjoining property owners, joint garages may be built on the party line.

(Ord. 404. Passed 3-25-68.)

1268.07 DEDICATION OF STREETS AND PAVING REQUIRED PRIOR TO CONSTRUCTION OF BUILDINGS.

No building shall be erected under this Zoning Code on any new road or street unless the road or street has been dedicated and opened to public use and travel, and unless the road or street has been paved in accordance with specifications for road building or paving as prescribed by the Board of Commissioners of the Township.

(Ord. 404. Passed 3-25-68.)

1268.08 OFF-STREET PARKING SPACES.

Two off-street parking spaces shall be provided for each dwelling unit.

(Ord. 404. Passed 3-25-68.)


CHAPTER 1270 - R2 Medium Density Residence Districts

1270.01 Application of chapter.

1270.02 Permitted uses.

1270.03 Area requirements.

1270.04 Yard requirements.

1270.05 Lot requirements.

1270.06 Garages.

1270.07 Dedication of streets and paving required prior to construction of buildings.

1270.08 Off-street parking spaces.

    CROSS REFERENCES

    Zoning classifications - see Penna. Mun. Plan. Code § 605

    General provisions and definitions - see P. & Z. Ch. 1260

    Administration, enforcement and penalty - see P. & Z. Ch. 1262

    Zoning Hearing Board - see P. & Z. Ch. 1264

    Signs - see P. & Z. Ch. 1286

    Nonconforming buildings, uses and lots - see P. & Z. Ch. 1288

    Supplementary regulations - see P. & Z. Ch. 1290

1270.01 APPLICATION OF CHAPTER.

In an R2 Medium Density Residence District the following regulations shall apply.

(Ord. 404. Passed 3-25-68.)

1270.02 PERMITTED USES.

A building may be erected, altered or used, and a lot or premises may be used, for any of the following purposes and no other.

(a) One-family detached dwelling, two-family detached dwelling, semi-detached dwelling and two-family semi-detached dwelling.

(b) Club or lodge, except where the principal activity is one customarily carried on as a business.

(c) Educational and religious uses.

(d) Hospital and sanitarium.

(e) Tilling of the soil.

(f) Municipal administration, recreational buildings, public parks and playgrounds.

(g) Accessory buildings and one private garage per family unit.

(h) Professional office or studio for the personal use of a physician, surgeon, occulist, dentist, masseur, artist, teacher, beautician, architect, musician, lawyer, real estate agent, real estate broker, Justice of the Peace or practitioner of a similar character to the foregoing; or a room used for home occupations, including dressmaking, millinery or similar handicrafts; provided the office, studio or occupational room is located in the residence of the practitioner, and provided, further, that no goods are publicly displayed nor business solicited other than by the display of a sign not exceeding six inches by eighteen inches in dimension, that no space is rented out or devoted to the use of any other person than the owner or tenant of said premises, residing therein, that not more than three assistants are therein employed and that the essential character of the building as a residence is maintained.

(i) Signs, when erected to conform to and be maintained in accordance with Section 1286.02.

(j) Telephone central office.

(Ord. 404. Passed 3-25-68.)

1270.03 AREA REQUIREMENTS.

(a) The building area shall not exceed fifty percent of the lot area.

(b) There shall be a minimum requirement of 500 square feet of floor space under the main room on the first floor of any two-story building; and a minimum of 650 square feet of floor space under the main roof on the first floor of any one-story or one and one-half story building.

(Ord. 404. Passed 3-25-68.)

1270.04 YARD REQUIREMENTS.

(a) There shall be a front yard, the depth of which shall be at least twenty feet from the established street line.

(b) The front yard of a proposed building may be increased or decreased in depth to the average alignment of existing buildings within 100 feet on each side of the proposed building, and within the same block, if such alignment of existing buildings is more or less than the front yard requirement for the district.

(c) In the case of a corner lot, the depth of the front yard, as defined in Section 1260.05, shall be required on both streets.

(d) In the case of all buildings, there shall be two side yards, one on each side of the building, the aggregate width of which shall not be less than sixteen feet. Neither side yard shall be less than eight feet provided that in the case of a one-family detached dwelling constructed with its greatest dimension on the front street, a one-story porch, either enclosed or unenclosed, may project into one of the side yards, provided that the width of each side yard is not reduced to less than eight feet.

(e) There shall be a rear yard to every dwelling, the depth of which shall be at least twenty feet, excepting garages and other permissible accessory buildings.

(Ord. 404. Passed 3-25-68.)

1270.05 LOT REQUIREMENTS.

The lot of each one and two-family detached dwelling shall be at least fifty feet in width. The lot of each semi-detached dwelling shall be at least twenty-five feet in width.

(Ord. 404. Passed 3-25-68.)

1270.06 GARAGES.

Detached garages erected on any lot must be at least twenty feet from the rear of the dwelling, shall be not less than three feet from the rear lot line and shall be not less than three feet from the party line, provided, however, that where joint driveways exist between two adjoining property owners, joint garages may be built on the party line.

(Ord. 404. Passed 3-25-68.)

1270.07 DEDICATION OF STREETS AND PAVING REQUIRED PRIOR TO CONSTRUCTION OF BUILDINGS.

No building shall be erected under this Zoning Code on any new road or street unless the road or street has been dedicated and opened to public use and travel, and unless the road or street has been paved in accordance with specifications for road building or paving as prescribed by the Board of Commissioners of the Township.

(Ord. 404. Passed 3-25-68.)

1270.08 OFF-STREET PARKING SPACES.

Two off-street parking spaces shall be provided for each dwelling unit.

(Ord. 404. Passed 3-25-68.)


CHAPTER 1272 - R3 High Density Residence Districts

1272.01 Application of chapter.

1272.02 Permitted uses.

1272.03 Area requirements.

1272.04 Yard requirements.

1272.05 Lot requirements.

1272.06 Off-street parking spaces.

1272.07 Open space.

    CROSS REFERENCES

    Zoning classifications - see Penna. Mun. Plan. Code § 605

    General provisions and definitions - see P. & Z. Ch. 1260

    Administration, enforcement and penalty - see P. & Z. Ch. 1262

    Zoning Hearing Board - see P. & Z. Ch. 1264

    Signs - see P. & Z. Ch. 1286

    Nonconforming buildings, uses and lots - see P. & Z. Ch. 1288

    Supplementary regulations - see P. & Z. Ch. 1290

1272.01 APPLICATION OF CHAPTER.

In an R3 High Density Residence District the following regulations shall apply unless the procedures set forth in
Chapter 1284 for Planned Development Districts are approved as designated by the applicable provisions of such chapter.

(Ord. 404. Passed 3-25-68.)

1272.02 PERMITTED USES.

A building may be erected, altered or used, and a lot or premises may be used, for any of the following purposes and no other:

(a) Apartment dwellings in which a maximum of ten dwelling units are located in a building.

(b) Professional office or studio provided that no retail sale is conducted on the premises.

(c) Administrative offices not to exceed 1,500 square feet in size.

(d) Signs, when erected to conform to and be maintained in accordance with Section 1286.02.

(Ord. 404. Passed 3-25-68; Ord. 77-2. Passed 5-16-77.)

1272.03 AREA REQUIREMENTS.

Neither the building area nor the paved area individually shall exceed fifty percent of the lot.

(Ord. 404. Passed 3-25-68.)

1272.04 YARD REQUIREMENTS.

(a) There shall be a front yard, the depth of which shall be at least twenty feet from the established street line.

(b) There shall be two side yards, neither of which shall be less than twenty feet.

(c) There shall be a rear yard to every dwelling, the depth of which shall be at least thirty-five feet.

(Ord. 404. Passed 3-25-68.)

1272.05 LOT REQUIREMENTS.

The minimum lot width shall be at least 100 feet, and the minimum lot size shall be 24,000 square feet.

(Ord. 404. Passed 3-25-68.)

1272.06 OFF-STREET PARKING SPACES.

There shall be at least one and one-half off-street parking spaces for each dwelling unit and at least two off-street parking spaces for each person employed by a use located in the R3 District. The parking areas shall be paved with an all-weather surface.

(Ord. 404. Passed 3-25-68.)

1272.07 OPEN SPACE.

The remaining open area shall be suitably landscaped according to an overall plan.

(Ord. 404. Passed 3-25-68.)


CHAPTER 1274 - GC General Commercial Districts

1274.01 Application of chapter.

1274.02 Permitted uses.

1274.03 Setbacks.

1274.04 Signs.

1274.05 Off-street parking.

    CROSS REFERENCES

    Zoning classifications - see Penna. Mun. Plan. Code § 605

    General provisions and definitions - see P. & Z. Ch. 1260

    Administration, enforcement and penalty - see P. & Z. Ch. 1262

    Zoning Hearing Board - see P. & Z. Ch. 1264

    Signs - see P. & Z. Ch. 1286

    Nonconforming buildings, uses and lots - see P. & Z. Ch. 1288

    Supplementary regulations - see P. & Z. Ch. 1290

1274.01 APPLICATION OF CHAPTER.

In a GC General Commercial District, the following regulations shall apply.

(Ord. 404. Passed 3-25-68.)

1274.02 PERMITTED USES.

(a) A building may be erected, altered or used, and a lot or premises may be used, for any of the following purposes and for no other:

  (1) Any use permitted in the R3 Residence District.

  (2) A retail store, office, studio, personal service shop, bakery, confectionary, automotive service station, hotel, rooming house, boarding house, tourist house, restaurant, theater, bank, mortuary, newspaper or public printing establishment, public garage or automobile repair shop and public parking lot, not to include an automobile junk yard, and any use of the same general character when authorized as an exception.

Any automotive service station erected with an entrance leading from a Township or State highway shall provide sufficient servicing, stopping and waiting space to accommodate at least five vehicles in each line entirely on the service station property so that none of such vehicles shall stop, extend or encroach onto a public sidewalk or highway.

  (3) A residential dwelling when authorized as an exception.

(b) No business whatsoever shall be conducted or maintained that is noxious or offensive by reason of odor, dust, smoke, gas, vibration, percussion, illumination or noise. No internal combustion engine shall be used unless objectionable noise and vibration are eliminated and proper disposition is made of exhaust gases.

1274.03 SETBACKS.

All buildings, including any cement, macadamized, concrete or other improved base or pad upon which vehicles shall stop, park or stand for the purpose of receiving gasoline or oil at an automotive service station, must be set back at least twelve feet from the established street line facing the Commercial District. Any such buildings constructed on the corner lot shall be set back twelve feet from the established street line on the designated commercial street and shall be set back a distance of twenty feet from the established street line of the side street.

1274.04 SIGNS.

Signs must be in conformity with the provisions of Section 1286.03.

(Ord. 404. Passed 3-25-68.)

1274.05 OFF-STREET PARKING.

Sufficient off-street parking shall be provided at a ratio of three to one, by which paved area shall exceed building area when there is only one use on the lot. The ratio shall be two to one if there is more than one business use on the lot. The parking areas shall be paved with an all- weather surface.

(Ord. 404. Passed 3-25-68.)


CHAPTER 1276 - GI General Industrial Districts

1276.01 Application of chapter.

1276.02 Permitted uses.

    CROSS REFERENCES

    Zoning classifications - see Penna. Mun. Plan. Code § 605

    General provisions and definitions - see P. & Z. Ch. 1260

    Administration, enforcement and penalty - see P. & Z. Ch. 1262

    Zoning Hearing Board - see P. & Z. Ch. 1264

    Signs - see P. & Z. Ch. 1286

    Nonconforming buildings, uses and lots - see P. & Z. Ch. 1288

    Supplementary regulations - see P. & Z. Ch. 1290

1276.01 APPLICATION OF CHAPTER.

In a GI General Industrial District, the following regulations shall apply.

(Ord. 404. Passed 3-25-68.)

1276.02 PERMITTED USES.

A building may be erected, altered or used, and a lot may be used or occupied, for any of the following purposes and no other.

(a) All industries not noxious or offensive by reason of odor, dust, smoke, gas, vibration, illumination or noise, or that do not constitute a public hazard whether by fire, explosion or otherwise.

(b) Steam laundries, dry cleaning and dyeing establishments.

(c) Milk bottling or distributing centers for trucks.

(d) Petroleum refining and storage.

(Ord. 404. Passed 3-25-68.)


CHAPTER 1278 - LI Limited Industrial Districts

1278.01 Application of chapter.

1278.02 Permitted uses.

1278.03 Area requirements.

1278.04 Yard requirements.

1278.05 Use restrictions.

1278.06 Off-street parking spaces.

    CROSS REFERENCES

    Zoning classifications - see Penna. Mun. Plan. Code § 605

    General provisions and definitions - see P. & Z. Ch. 1260

    Administration, enforcement and penalty - see P. & Z. Ch. 1262

    Zoning Hearing Board - see P. & Z. Ch. 1264

    Signs - see P. & Z. Ch. 1286

    Nonconforming buildings, uses and lots - see P. & Z. Ch. 1288

    Supplementary regulations - see P. & Z. Ch. 1290

1278.01 APPLICATION OF CHAPTER.

In a LI Limited Industrial District, the following regulations shall apply:

(Ord. 404. Passed 3-25-68.)

1278.02 PERMITTED USES.

A building may be erected, altered or used, and a lot may be used or occupied, for any of the following purposes and no other.

(a) All industries subject to restrictions imposed by Section 1278.05.

(b) Office and administrative activities.

(c) Warehouse activities subject to the restrictions imposed by Section 1278.05.

(d) A petroleum storage tank pump station and facilities relating thereto and necessary to transporting petroleum by means of pipelines when authorized as an exception.

(Ord. 404. Passed 3-25-68; Ord. 75-2. Passed 4-21-75.)

1278.03 AREA REQUIREMENTS.

The building area shall not exceed thirty percent of the lot area. The paved area shall not exceed forty percent of the lot area. The remaining area shall be suitably landscaped according to an overall plan.

(Ord. 404. Passed 3-25-68.)

1278.04 YARD REQUIREMENTS.

(a) There shall be a front yard which shall not be less than thirty-five feet from the existing street line.

(b) There shall be two side yards neither of which shall be less than thirty-five feet.

(Ord. 404. Passed 3-25-68.)

1278.05 USE RESTRICTIONS.

The following standards shall affect operation of any use:

(a) All uses shall be conducted within a closed building, except those specifically permitted by Section 1278.02(d).

(b) No use shall be conducted in such a way that it shall constitute a hazard to the surrounding community.

(c) No use shall emit an odor which is perceptible at the lot lines.

(d) No use shall emit any smoke.

(e) No glare shall be perceptible at any lot line.

(f) No electromagnetic interference shall be perceptible beyond the lot lines.

(g) No physical vibrations from operations shall be perceptible beyond the lot lines.

(Ord. 404. Passed 3-25-68; Ord. 75-2. Passed 4-21-75.)

1278.06 OFF-STREET PARKING SPACES.

Sufficient off-street parking spaces shall be provided on the ratio of one for each employee on the largest work shift. All off-street parking spaces shall be paved with an all-weather surface.

(Ord. 404. Passed 3-25-68.)


CHAPTER 1280 - IP Industrial Park Districts

1280.01 Application of chapter.

1280.02 Permitted uses.

1280.03 Setbacks.

1280.04 Off-street parking and loading.

1280.05 Building area.

1280.06 Height of buildings.

280.07 Signs.

1280.08 Construction of petroleum tanks.

1280.09 Outside storage.

1280.10 Exterior lighting.

    CROSS REFERENCES

    Zoning classifications - see Penna. Mun. Plan. Code § 605

    General provisions and definitions - see P. & Z. Ch. 1260

    Administration, enforcement and penalty - see P. & Z. Ch. 1262

    Zoning Hearing Board - see P. & Z. Ch. 1264

    Signs - see P. & Z. Ch. 1286

    Nonconforming buildings, uses and lots - see P. & Z. Ch. 1288

    Supplementary regulations - see P. & Z. Ch. 1290

1280.01 APPLICATION OF CHAPTER.

In an IP Industrial Park District, the following regulations shall apply.

(Ord. 79-3. Passed 5-21-79.)

1280.02 PERMITTED USES.

A building may be erected, altered or used, and a lot or premises may be used, for any of the following purposes and for no other, provided that such building or use does not create any substantial amount of noise, vibration, smoke, dust, odors, heat, glare or other objectionable influences, and provided, further, that, except for the uses specifically permitted, the detailed development plans for each building or use, other than those specifically permitted, shall be subject to a review by the Board of Township Commissioners, whose approval shall first be required:

(1) The manufacture, modification, compounding, processing, canning, containing, packaging, treatment, sale and distribution of such products as bakery goods, candy, cosmetics, dairy products, drugs, perfume, pharmaceuticals, toiletries and food products, provided, however, that the following uses shall not be permitted: manufacture of sauerkraut, vinegar or yeast; refining of soybeans; milling of flour; and drying, smoking, pickling, preserving or curing of meats or fish.

(2) The manufacture, compounding, assembly or treatment of articles or merchandise from the following previously prepared materials: sheet cellophane, canvas, cloth, rope, cord and twine, plastic feathers, fiber, fur, glass, hair, horn, leather, paper, metals, precious or semiprecious stones, shell, tobacco, textiles, wood, excluding planing mill, yarns, machine shop.

(3) The manufacture of ceramic products, using only previously pulverized clay and plaster.

(4) Printing, publishing, engraving, lithographing, reproducing, binding and kindred arts.

(5) Central heating plant.

(6) Offices, office records storage.

(7) Electric transforming substations or other necessary public service uses.

(8) Service station and truck terminal.

(9) Manufacture and assembly of musical instruments, toys, novelties.

(10) Cold storage plant, frozen foot plant and lockers, beverage distribution plants, food commissaries, catering plants.

(11) Storage buildings and warehouses.

(12) Manufacture and assembly of electrical or electronic devices; home, commercial or industrial appliances and instruments, including the manufacture of accessory parts of assemblies.

(13) Experimental, manufacturing and research laboratories.

(14) Manufacture of textiles or textile products, including spinning and weaving, and excluding wool pulling or scouring, jute or burlap processing or reconditioning, or dyeing of any sort.

(15) Manufacture of paper or cardboard boxes, containers and novelties from previously prepared paper or cardboard.

(16) Radio and television stations or studios.

(17) Laundry, dry cleaning, provided that no inflammable fluids are used.

(18) Fabrication of hardware, cutlery, tools, scientific instruments and apparatus.

(19) Animal hospital.

(20) Commercial greenhouse, nursery, wholesale florist.

(21) Assembly, sales, repairs and service of business and office machines, equipment and devices.

(22) Manufacture, preparations, containing, packaging, storage, sale and distribution of beverages.

(23) Sales, service, repairs of farm and garden machinery, equipment and supplies, feedstore.

(24) Mail-order store, house or business.

(25) Design, manufacture, distribution and sale of burial monuments and underground burial vaults.

(26) Laboratory and office.

(27) Any use of the same general character as any of the uses hereinbefore specifically permitted, when authorized as a special exception by the Zoning Hearing Board, provided, however, that before any application for a special exception shall be filed with the Zoning Hearing Board for any use alleged to be of the same general character as the uses hereinbefore specifically permitted, an application shall be first filed with the Board of Township Commissioners for approval. If the Township Commissioners shall determine that the use requested is of the same general character as the uses specifically permitted, and is reasonably unlikely to create any substantial amount of noise, vibration, smoke, dust, odors, heat, glare and other objectionable influences, the Board of Commissioners shall approve the application and the applicant shall then file application for a special exception with the Zoning Hearing Board, attaching to such application a copy of the application filed with the Board of Commissioners and a statement of the action taken by the Board of Commissioners on such application. No special exception shall be permitted for any use for which an application has been refused by the Board of Commissioners.

(28) No residential use shall be permitted in the IP District.

(Ord. 79-3. Passed 5-21-79.)

1280.03 SETBACKS.

These following setback and parking area regulations shall apply within the IP District:

No building shall be erected, constructed, built or maintained closer than seventy-five feet to any street line nor closer than thirty-five feet to any other property line, nor shall any building be erected, constructed, built or maintained closer than 100 feet to the zoning boundary line of any Residence District.

(Ord. 79-3. Passed 5-21-79.)

1280.04 OFF-STREET PARKING AND LOADING.

The owner and/or occupant shall provide off-street, on-site parking, loading and unloading spaces or facilities for all customers, business invitees, employees or personnel beyond and to the rear of the setback areas hereinbefore provided. All outdoor parking, loading and unloading spaces, access and other driveways shall be paved with an acceptable hard surface. Sufficient off-street parking spaces shall be provided on the ratio of one for each employee on the largest work shift. All off-street parking spaces shall be paved with an all-weather hard surface.

(Ord. 79-3. Passed 5-21-79.)

1280.05 BUILDING AREA.

The building area covered by any industrial building or buildings shall not exceed thirty percent of the lot area unless upon written application to the Board of Commissioners and a larger percentage is expressly approved in writing.

(Ord. 79-3. Passed 5-21-79.)

1280.06 HEIGHT OF BUILDINGS.

No building shall exceed forty feet in height, provided, however, that such height regulation shall not include or apply to chimneys, stacks, water tank towers, flagpoles and aerials, but provided, further, however, that an application may be filed in writing with the Board of Commissioners for express approval to exceed this stated height for water tanks.

(Ord. 79-3. Passed 5-21-79.)

1280.07 SIGNS.

No signs may be erected except upon written application to the Board of Commissioners and express authority granted.

(Ord. 79-3. Passed 5-21-79.)

1280.08 CONSTRUCTION OF PETROLEUM TANKS.

No petroleum tanks shall be constructed in the Industrial Park District.

(Ord. 79-3. Passed 5-21-79.)

1280.09 OUTSIDE STORAGE.

No storage shall be permitted outside any building or structure.

(Ord. 79-3. Passed 5-21-79.)

1280.10 EXTERIOR LIGHTING.

Exterior lighting shall be permitted.

(Ord. 79-3. Passed 5-21-79.)


CHAPTER 1282 - BP Business Park Districts

1282.01 Purpose.

1282.02 Permitted uses.

1282.03 Area and bulk requirements.

1282.04 Design standards.

1282.05 Parking.

1282.06 Special development regulations.

1282.07 Fees.

    CROSS REFERENCES

    Zoning classifications - see Penna. Mun. Plan. Code § 605

    General provisions and definitions - see P. & Z. Ch. 1260

    Administration, enforcement and penalty - see P. & Z. Ch. 1262

    Zoning Hearing Board - see P. & Z. Ch. 1264

    Signs - see P. & Z. Ch. 1286

    Nonconforming buildings, uses and lots - see P. & Z. Ch. 1288

    Supplementary regulations - see P. & Z. Ch. 1290

1282.01 PURPOSE.

The BP Business Park District is designated primarily to provide for selected modern, non-nuisance, commercial and light industrial establishments with a view to encouraging attractive development in areas which are particularly well suited for such uses. In promoting the general purposes of this Zoning Code, the intent of the BP District is to encourage only those types of commercial and light industrial uses which would not constitute a hazard or a nuisance to the population of the adjacent areas and which would contribute to the continuation of appropriate development within and adjacent to the District and to discourage the use of land for residences in order to preserve the area for its appropriate use and also to prevent the location of residences in an area inappropriate for residential use.

(Ord. 91-7. Passed 11-25-91.)

1282.02 PERMITTED USES.

(a) A building or group of buildings may be erected, altered or used, and a lot may be used or occupied, for any of the following purposes and no other:

  (1) Retail sales and wholesale sales, including factory outlets;

  (2) Office building and professional centers;

  (3) Personal service establishment;

  (4) Eating and/or drinking establishments providing inside and/or outside seating and service, including drive-through windows;

  (5) Assembly of high technology and electronic equipment;

  (6) Bank, travel agency and other like service establishments;

  (7) Accessory use with and customarily incidental to any of the foregoing permitted uses;

(b) The following may be permitted as conditional uses:

  (1) Manufacture, assembly, compounding, processing, packaging or treatment of products;

  (2) Printing, publishing, lithographing, binding and similar process;

  (3) Office and shops or service areas for service business or contractors;

  (4) Warehouse, storage house, or distribution center, express or trucking establishment;

  (5) Motor vehicle dealer or auto rental agency;

  (6) Scientific research laboratory or other experimental, testing or research establishment devoted to research, development, design, experimentation or production;

(c) The following standards and criteria for approval of conditional uses by the Board of Commissioners must be met by a landowner/applicant. In evaluating an application to the Board of Commissioners for a conditional use, the respective boards shall require the applicant to provide any necessary information to insure that:

  (1) The proposed use is consistent with the purpose of the chapter whereby it is permitted, the overall purpose of this Zoning Code, as contained in Section 1260.02, and all applicable provisions of this chapter;

  (2) The proposed use will satisfy all of the relevant provisions and requirements of this Zoning Code and any other applicable ordinance, code and/or regulation;

  (3) The proposed use will not adversely affect the health, safety, morals and general welfare of the Township;

  (4) The proposed land use is consistent with the nature of the land uses existing on any immediately adjacent properties, and it will not detract from or cause harm to neighboring properties and will be maintained in a manner in keeping with the character of the neighborhood;

  (5) The proposed use is consistent in concept and design with other conditional uses for which approval may have been previously granted, and/or it is located in an area or areas for which the site is suited;

  (6) The proposed use is consistent with the logical extension of public services and utilities, such as a public water and public sewer, and will not have a negative effect on the public services and utilities of the surrounding properties;

  (7) Proposed construction will be consistent with good design principles and sound engineering and land development practices, and is in keeping with the character of any existing quality construction within the neighborhood;

  (8) The proposed use will provide safe and adequate access to roads and public services (existing or proposed) and will not result in excessive traffic volumes, or will make any improvements needed to guarantee compatibility with adjacent roads and public services;

  (9) The proposed use will provide for effective sanitation;

  (10) The proposed use will create the required screening and landscaping as required in this Zoning Code and any other ordinances or regulations of the Township;

  (11) The proposed use, as depicted in the plans for subdivision and/or land development, includes proposals for landscaping, in addition to that required as stated above, in areas such as the entrance, along property boundaries, in areas which are highly visible, such as along roads, walks or trails, and in other places where the use of trees, shrubs and ground cover would be functional and appropriate.

  (12) The proposed use will be properly sited and not be disruptive to existing topography, streams and ponds, vegetation and other natural resources;

  (13) The proposed use will provide for adequate off-street parking and loading;

  (14) The proposed use will provide for adequate signage;

  (15) The proposed use will provide for adequate environmental controls;

  (16) The proposed use can be adequately serviced by the type of water supply and sewage disposal system which is proposed;

  (17) The proposed use will be developed using effective stormwater management techniques, and soil erosion and sedimentation control techniques.

(d) The Board may impose such conditions as are necessary to insure any or all of the above amenities, as well as compliance with any other relevant ordinances, regulations and codes:

  (1) In the case of an application for a conditional use, the Planning Commission may, at the request of the Board of Commissioners, perform a review and provide counsel to the Board of Commissioners concerning the grant of approval or disapproval of the proposed use. Such review shall be conducted and a written report submitted to the Board of Commissioners within forty-five days of the date of the first Planning Commission meeting following the date the plan has been filed. The Planning Commission shall discuss the application at least at one of its regularly scheduled public meetings during the review period. The applicant may request the Board of Commissioners to waive a review by the Planning Commission by setting forth reasons in its application why such review is not necessary.

  (2) The Board of Commissioners may, in the case of an application for conditional use, schedule a hearing for public review and comment. Such hearing shall commence during the ninety-day review period unless the Board of Commissioners and the applicant mutually agree otherwise. Within ninety days, the Board of Commissioners, at a regularly scheduled meeting or special meeting, shall take action to either approve or disapprove the use.

  (3) The Planning Commission and the Board of Commissioners shall be responsible for providing notification to the applicant, no less than twenty days prior to the occurrence of any hearing at which testimony will be heard and/or action taken upon approval or disapproval, in order that the applicant may present his or her case at such hearing. Subsequent to the receipt of such notification, the applicant shall be responsible for notifying, no less than ten days prior to such hearing, all abutting property owners.

  (4) Proof of proper notification shall be required as a precondition before any formal action on the application;

  (5) Notification of the action taken by the Board of Commissioners shall be made in writing to the applicant. In the event of disapproval it shall be accompanied by a statement of the reasons therefor. In the event of disapproval the applicant may file a new application for conditional use or subdivision and/or land development for another use of the subject property;

  (6) In the event of approval, should the applicant fail to obtain the necessary Township approvals and permits within twelve months of notification, or, having obtained the necessary approvals and permits, fail to commence work thereunder within six additional months, it shall be conclusively presumed that the applicant has waived, withdrawn or abandoned his or her appeal or application, and all provisions, conditional use(s) and permits granted to him or her shall be deemed automatically rescinded by the Board of Commissioners. If the Board of Commissioners finds that a good reason exists for the failure to comply with the time periods specified above, an extension may be granted.

  (7) The grant of approval by the Board of Commissioners for a conditional use shall in no way release the applicant from his or her obligation to comply with the applicable provisions of this Zoning Code and any other applicable Township, State and Federal regulations.

  (8) All notices, hearings and orders shall be made or shall occur in conformance with the provisions of this Zoning Code and the Pennsylvania Municipalities Planning Code.

(Ord. 91-7. Passed 11-25-91; Ord. 2010-03. Passed 8-12-10.)

1282.03 AREA AND BULK REQUIREMENTS.

The following area and bulk regulations shall apply:

(a) Lot size, 30,000 square feet for all commercial uses; 40,000 square feet for all industrial uses;

(b) Lot width at building setback line, 125 feet minimum;

(c) Lot width at street right-of-way line, fifty feet minimum;

(d) Building coverage, forty percent;

(e) Lot coverage, impervious surface (building and parking area), seventy-five percent;

(f) Front yard setback line, fifty feet minimum;

(g) Side yards, twenty-five feet minimum for each side yard;

(h) Green area, twenty-five percent minimum;

(i) Rear yard, twenty-five feet minimum;

(j) Building height, sixty feet maximum;

(k) Tower and chimney location, eighty feet minimum from any lot line;

(l) Minimum setback of the main building of any yard contiguous to a Residence District shall be 100 feet, provided, however, that any other structures shall have a minimum setback of fifty feet;

(m) Parking and driveway area setback from property lines;

  (1) Side or rear yard, ten feet minimum;

  (2) Front yard, twenty feet minimum;

  (3) If abutting a residential zone, then the parking and driveway setback shall be a minimum of twenty feet from the property line and shall be properly landscaped except if Section 1282.06 is applicable.

(n) The front, side and rear yard setbacks shall be increased to seventy feet minimum if a driveway is located in the yard, or 100 feet minimum if a parking area is located in the yard.

(Ord. 91-7. Passed 11-25-91.)

1282.04 DESIGN STANDARDS.

The following standards shall apply to all uses in the BP District:

(a) No obnoxious, toxic or corrosive fumes or gases shall be emitted as a result of the use;

(b) No use shall emit offensive odors which are perceptible at lot lines;

(c) No use shall emit smoke from plant operations;

(d) No use shall produce any heat or glare perceptible at or beyond the lot boundaries;

(e) No use shall utilize lighting in a manner which produces glare perceptible at or beyond the District boundaries; neon lighting is not permitted within the District boundaries;

(f) No use shall permit physical (low frequency) vibrations perceptible at or beyond the District boundaries;

(g) No use shall emit potentially harmful radiation;

(h) No use shall engage in the production or storage of any material designed for use as an explosive.

(i) No use shall engage in the storage of waste materials, trash, products and/or any other refuge, debris, materials or the like on the lot for any period beyond thirty days. Such waste material storage shall be located behind the front building line of the primary building and no closer than fifty feet to any rear lot line or thirty feet to any side lot line, and shall be completely screened from the view of any street or adjoining property.

(j) No use shall discharge any objectionable and/or potentially dangerous effluent from plant operations;

(k) No industrial lagoons for chemicals or other liquid waste shall be permitted;

(l) Loading facilities shall not be constructed within an area bounded by a triangle fifty feet on each side measured from the nearest point of intersecting street lines;

(m) Applicant shall show satisfactory intent to maximize aesthetic quality consistent with the use proposed (i.e. landscaping, screening, signs, etc.);

(n) All uses shall be conducted in compliance with the applicable governmental regulations.

(Ord. 91-7. Passed 11-25-91.)

1282.05 PARKING.

Adequate parking appropriate to the use shall be at a minimum rate of:

(a) Retail or shop - at least two parking spaces for every 1,000 square feet of gross floor area or fraction thereof;

(b) Factory outlets - at least four parking spaces for every 1,000 square feet of sales area or fraction thereof;

(c) Office building, bank or financial institution or other public utility office -four parking spaces for every 1,000 square feet of leasable area or fraction thereof;

(d) Warehouse, storage house or distribution center - one parking spaces for every 1,000 square feet of gross floor area or fraction thereof;

(e) Restaurant - at least one parking space for each 200 square feet of gross floor area, plus one for each employee;

(f) Shopping center or group of retail stores or other commercial establishments - four parking spaces for each 1,000 square feet of sales area or fraction thereof;

(g) Medical or dental offices and clinics - four parking spaces for each practitioner.

(h) Other buildings or uses - any building or open area used for a purpose not covered above shall demonstrate that it will provide a sufficient number of parking spaces for the intensity of the use and must be approved as a conditional use.

(Ord. 91-7. Passed 11-25-91; Ord. 2010-03. Passed 8-12-10.)

1282.06 SPECIAL DEVELOPMENT REGULATIONS.

In order to encourage a sound and attractive pattern of development, each use shall comply with the following additional requirements.

(a) To maintain a high standard of appearance and construction and to provide interesting and tasteful exteriors, the exterior walls of each building within the development are to be constructed of durable, permanent materials;

(b) Vertical roof projections, such as towers, vents, stacks or other roof-mounted equipment, should be avoided, or should be integrated into the design of the structure or otherwise screened from view;

(c) Windows or semi-opaque glazing will be required on all exterior walls of buildings which are visible from existing or proposed public street rights-of-way;

(d) All exterior service, loading and utility areas (including transformers, cooling towers, etc.) shall be adequately screened or sheltered from existing and proposed street rights-of-way;

(e) Along each property line which directly abuts an existing residential use, a landscaped buffer area not less than forty feet in width shall be provided subject to the provisions herein;

(f) Each use shall comply with the performance standards contained herein and shall provide and utilize such noise and other control devices which are necessary to insure that the use will not be objectionable as defined in this section.

(Ord. 91-7. Passed 11-25-91.)

1282.07 FEES.

The Board of Commissioners may, by resolution, adopt a fee schedule for the payment of filing fees, costs of hearings and engineer's and attorney's fees to be paid by the applicant in processing any application under this chapter.

(Ord. 91-7. Passed 11-25-91.)


CHAPTER 1284 - Planned Development Districts

1284.01 Procedure to determine eligibility under chapter.

1284.02 Site restrictions.

1284.03 Off-street parking spaces.

1284.04 Open space requirements.

1284.05 Landscaping; improvements.

1284.06 Ownership of open space.

1284.07 Improvement bond required.

1284.08 Open space standards.

    CROSS REFERENCES

    Zoning classifications - see Penna. Mun. Plan. Code § 605

    General provisions and definitions - see P. & Z. Ch. 1260

    Administration, enforcement and penalty - see P. & Z. Ch. 1262

    Zoning Hearing Board - see P. & Z. Ch. 1264

    Signs - see P. & Z. Ch. 1286

    Nonconforming buildings, uses and lots - see P. & Z. Ch. 1288

    Supplementary regulations - see P. & Z. Ch. 1290

1284.01 PROCEDURE TO DETERMINE ELIGIBILITY UNDER CHAPTER.

The following procedure shall be utilized to determine areas eligible to qualify under this chapter.

(a) Areas subject to these restrictions are indicated in the chapter for the applicable zoning district. Those areas which have been approved according to the procedures in this chapter shall be mapped on a base map maintained by the Planning Commission and available to the Building Inspector. A legal description of the property shall be maintained in the records of the Planning Commission.

(b) Any single owner of twenty-five acres or more of land may submit an application to the Township Planning Commission to develop a Planned Development District. A filing fee of twenty-five dollars ($25.00) shall accompany the application. The application shall include:

  A legal description of the property to be included;

  A scaled map showing an overall development of the plan;

  A description of the means by which the open space restrictions may be applied;

  A statement describing the proposed development and stating the reasons for the approval of the application;

  A statement signed by the applicant stating that the applicant agrees to be bound by the actions of the Board of Commissioners of Lower Chichester Township.

(c) No procedure under this section shall affect the right of the owner of the land to develop such land under the regulations of the existing zoning district at any time.

(d) The Planning Commission shall have a period of thirty days to make written recommendations to the Commissioners of Lower Chichester Township. Recommendations on all applications shall be based on the conformance of the plan to the stated objectives and requirements of this chapter. Copies of such recommendations shall be mailed to all adjacent property owners, giving the date and time of the scheduled hearing by the Commissioners.

(e) The Commissioners of Lower Chichester Township shall, at a public hearing, consider the recommendation of the Planning Commission and approve or reject the application. Notice of this action shall be provided to the applicant and any interested parties requesting such information within thirty days of a public hearing.

(Ord. 404. Passed 3-25-68.)

1284.02 SITE RESTRICTIONS.

The following restrictions shall apply to any area designated as a Planned Development District under the regulations of this chapter.

(a) It shall be the specific intent of this chapter, in addition to the general goals of this Zoning Code, to provide an alternative method of residential development suitable for a suburban community which will provide certain necessary community facilities. A variety of housing types are permitted. Land to be used for general community purposes according to an approved plan is required.

(b) A building may be erected, altered or used, and a lot may be used or occupied, for any of the following purposes and for no other:

  (1) Dwellings of any type.

  (2) Community facilities, including recreation facilities, churches, clubs and lodges.

  (3) Accessory buildings and garages.

  (4) Signs, when erected to conform to, and when maintained in accordance with, Section 1286.02.

  (5) Retail stores, offices, studio, personal service shops, bank and public parking lots, provided that no use occupies more than 10,000 square feet in building area.

(c) No use shall be constructed which is not shown on the plan approved by the Township Commissioners.

(d) The following minimum standards shall apply to every lot:

  (1) No single-family dwelling shall be constructed on less than a 7,000 square foot lot.

  (2) No semi-detached dwelling shall be constructed on a lot less than 9,000 square feet.

  (3) No side yard shall be less than ten feet.

  (4) No building setback shall be less than twenty-five feet.

  (5) No lot coverage shall exceed fifty percent.

  (6) No building height shall exceed thirty feet.

  (7) No rear yard shall be less than twenty-five feet.

  (8) No building lot shall have less than twenty-five percent open area.

(e) The prevailing density for the entire development shall be not less than 6,000 square feet per dwelling unit.

(Ord. 404. Passed 3-25-68.)

1284.03 OFF-STREET PARKING SPACES.

Two off-street parking spaces shall be provided for each dwelling unit. All parking surfaces shall be paved with an all-weather surface. The minimum dimensions of an individual space shall be ten feet by twenty feet.

(Ord. 404. Passed 3-25-68.)

1284.04 OPEN SPACE REQUIREMENTS.

Sufficient public open space shall be provided at a ratio of 150 square feet for each dwelling unit.

(Ord. 404. Passed 3-25-68.)

1284.05 LANDSCAPING; IMPROVEMENTS.

When commercial uses are adjacent to residential uses, a landscape screen shall be provided between the two buildings. All areas which are indicated as active recreational uses shall be improved by a developer prior to the acceptance of the adjacent road by Lower Chichester Township. Street signs, lighting and other instruments shall be located along the street and shall be improved according to Township standards. The overall design of streets serving the development shall be designed in such a way as to avoid through traffic and to avoid a repetitious alignment of blocks. All open areas designated by the plan shall be suitably landscaped according to an overall plan.

(Ord. 404. Passed 3-25-68.)

1284.06 OWNERSHIP OF OPEN SPACE.

Any proposed open area shall be owned in one of the following ways, which shall be approved by the Township Board of Commissioners. The applicant shall submit a statement providing sufficient detail concerning the method of ownership, maintenance procedures and cost. No application shall be approved unless one of the following techniques is utilized:

(a) Ownership of the property would be given to the Township of Lower Chichester under a deed restricting the disposition of such property for any other purpose. The applicant shall furnish proof of the acceptance of any such offer, stating the date in terms of acceptance.

(b) Ownership of the property may be given to an incorporated non-profit corporation. At least one of the officers of the corporation shall be a resident of the development itself. The articles of incorporation shall provide for the collection of revenues from dues, usage, donations and/or membership charges. Deed restriction shall be recorded stating that the officers of the corporation and/or surrounding property owners shall be responsible for special assessments sufficient to maintain the facilities. The applicants shall furnish proof of the details required by this section, including the articles of incorporation of the non-profit corporation.

(Ord. 404. Passed 3-25-68.)

1284.07 IMPROVEMENT BOND REQUIRED.

When improvements to the site are required, the applicants shall provide an escrow account or bond in the amount of ten percent of the estimated cost of improvements or some other means determined by the Township Commissioners as suitable. The method of the escrow account or bond shall be subject to approval of the Commissioners and the Solicitor of Lower Chichester Township. No property interest shall be sold, leased or otherwise transferred until these requirements are met.

(Ord. 404. Passed 3-25-68.)

1284.08 OPEN SPACE STANDARDS.

The following standards shall be applied to any designated open space area:

(a) The area to be used for active recreation must be suitably drained with a slope of less than ten percent.

(b) Any woodland or natural site shall be not less than three acres in size if it is to remain unimproved.

(c) Any recreational facility shall be designed at the generally accepted size for such facility.

(d) No proposed use shall be located or conducted in a way which shall prove detrimental to the surrounding properties.

(e) Any use proposed shall have at least one principal entrance to a street.

(Ord. 404. Passed 3-25-68.)


CHAPTER 1286 - Signs

1286.01 Conformity required.

1286.02 Signs in Residence Districts.

1286.03 Signs in Commercial and Industrial Districts.

1286.04 Permits.

1286.05 General restrictions.

    CROSS REFERENCES

    General provisions and definitions - see P. & Z. Ch. 1260

    Administration, enforcement and penalty - see P. & Z. Ch. 1262

    Zoning Hearing Board - see P. & Z. Ch. 1264

    Billboards - see P. & Z. Ch. 1287

    Nonconforming buildings, uses and lots - see P. & Z. Ch. 1288

    Supplementary regulations - see P. & Z. Ch. 1290

    Sign permit fees - see B. & H. 1442.06

1286.01 CONFORMITY REQUIRED.

Any sign hereafter erected or maintained shall conform with the provisions of this chapter and any other ordinance or regulations of the Township of Lower Chichester relating thereto.

(Ord. 404. Passed 3-25-68.)

1286.02 SIGNS IN RESIDENCE DISTRICTS.

The following types of signs shall be permitted in Residence Districts:

(a) Official traffic signs.

(b) Professional, accessory use or name signs indicating the name, profession or activity of the occupant of a dwelling, provided that the size of any such sign shall not exceed 200 square inches, and that not more than one such sign shall be erected for each permitted use or dwelling unit.

(c) Identification signs for schools, churches, hospitals and buildings, and uses other than dwellings, provided that the size of any such sign shall not exceed twenty square feet, and that not more than two such signs shall be placed on premises held in single and separate ownership, unless such premises front on more than one street, in which case two such signs may be erected on each street frontage.

(d) Real estate signs, including signs advertising the sale or rental of premises, provided that the size of any such sign shall not exceed six square feet, and that not more than two such signs shall be erected for any property held in single and separate ownership, and signs indicating the location and direction of premises in the process of development, provided that the size of any such sign shall not exceed twenty square feet, and that not more than one such sign shall be erected on each 500 feet of street frontage.

(e) Trespassing signs or signs indicating the private nature of a driveway or premises, provided that the size of any such sign shall not exceed two square feet.

(f) Temporary signs of mechanics and artisans, provided that such signs shall be erected only on the premises where such work is being performed, that the size of any such sign shall not exceed twelve square feet, and that such signs shall be removed promptly upon completion of the work.

(Ord. 404. Passed 3-25-68.)

1286.03 SIGNS IN COMMERCIAL AND INDUSTRIAL DISTRICTS.

The following types of signs only shall be permitted in Commercial and Industrial Districts:

(a) Any sign permitted in Residence Districts.

(b) Real estate signs advertising the sale or rental of premises, provided that the size of any such sign shall not exceed twenty square feet, and that not more than two such signs shall be erected for any property held in single and separate ownership.

(c) Commercial or industrial signs, provided that the total size of all such signs placed on any one premises shall not exceed fifty square feet, unless a special exception is authorized.

(Ord. 404. Passed 3-25-68.)

1286.04 PERMITS.

No board, sign or bulletin shall be erected by any person until a permit to erect the same has been obtained from the Secretary. No permit shall be issued by the Secretary until and unless the Building Inspector has approved the plans for the erection of said board, sign or bulletin. No permit shall be issued for any board, sign or bulletin which will project over any streets or sidewalk area, or which is attached to a building which abuts a sidewalk, until a fee for such permit in the amount of one dollar ($1.00) shall be paid to the Secretary. The permit shall extend from the date of its issue to the first Monday of January thereafter. There shall be an annual inspection fee of one dollar ($1.00) paid by the owner or lessee of the building to which said sign is attached, which fee shall become due and payable on the first Monday of January of each year. It shall be the duty of the Building Inspector to inspect every board, sign or bulletin which projects over any street or sidewalk area or which is attached to a building which abuts a sidewalk, at least once annually.

(Ord. 404. Passed 3-25-68.)

1286.05 GENERAL RESTRICTIONS.

The following restrictions shall apply to all permitted sign uses:

(a) No sign shall be placed in such a position that it will cause danger to traffic on a street by obscuring the view.

(b) No sign, other than signs authorized by Section 1286.02(a), shall be erected within the lines of any street unless specifically authorized by other ordinances and regulations of the Township of Lower Chichester.

(c) No sign shall be of the flashing type.

(d) No sign shall project over a public sidewalk, unless authorized as a special exception.

(Ord. 404. Passed 3-25-68.)


CHAPTER 1287 Billboards

1287.01 Intent and purpose.

1287.02 Minimum requirements.

1287.03 Prevailing provisions.

1287.04 Definitions.

1287.05 Conformance with regulations.

1287.06 Billboards along I-95.

1287.07 Size restrictions.

1287.08 Location of signs.

1287.09 Height projection.

1287.10 Site plan required.

1287.11 Certification of safety of billboard.

1287.12 Permit required.

1287.13 Application for sign permit.

1287.14 Issuance of permit.

1287.15 Sign permit application fee.

1287.16 Annual license fee.

1287.17 Revocation of licenses.

1287.18 Administration and enforcement.

1287.19 Enforcement remedies.

    CROSS REFERENCES

    Signs - see P & Z. Ch. 1286

    Supplementary regulations - see P. & Z. Ch. 1290

    Sign permit fees - see B. & H. 1442.06

1287.01 INTENT AND PURPOSE.

The regulation of the location, size, placement and certain features of signs is necessary to enable the public to locate goods, services and facilities in the Township area without difficulty and confusion, to encourage the general attractiveness of the community and to promote property values therein.

(Ord. 01-2. Passed 11-19-01.)

1287.02 MINIMUM REQUIREMENTS.

The provisions of this chapter shall be held to be the minimum requirements necessary for the promotion and protection of the public health, safety, comfort, morals and convenience.

(Ord. 01-2. Passed 11-19-01.)

1287.03 PREVAILING PROVISIONS.

If any provision or requirement of this chapter is found to be in conflict with any other provisions or requirement or of any other governmental regulation of any kind, the provisions of this chapter shall prevail.

(Ord. 01-2. Passed 11-19-01.)

1287.04 DEFINITIONS.

In the construction of this chapter and any subsequent amendment, the definitions contained in this section shall be observed and applied:

(a) "Billboards" and "off-premises signs" means a sign directs attention to a business, commodity, service, entertainment or attraction, sold, offered, or existing elsewhere than upon the same lot where such sign is displayed. The term "off-premises sign" shall include an outdoor advertising sign (billboard) on which space is leased or rented by the owner thereof to others for the purpose of conveying a commercial or noncommercial message.

(Ord. 01-2. Passed 11-19-01.)

1287.05 CONFORMANCE WITH REGULATIONS.

All permanent signs permitted by this chapter shall be construed in accordance with the applicable provisions of the BOCA and the National Electrical Code, latest adopted edition. All signs erected after the date of this chapter shall have affixed in a conspicuous place thereon, the following information:

(a) The date of erection;

(b) The sign permit number;

(c) The sign permit expiration date; and

(d) The voltage of any electrical apparatus used in connection therewith.

(Ord. 01-2. Passed 11-19-01.)

1287.06 BILLBOARDS ALONG I-95.

One billboard or off-premises sign may be erected, construed or maintained only on property bordering I-95.

(Ord. 01-2. Passed 11-19-01.)

1287.07 SIZE RESTRICTIONS.

An off-premises sign or billboard shall not exceed 1,200 square feet per sign face and have no more than two sign faces per sign structure. Also, any extensions to the 1,200 square foot sign face will be limited to five and one-half feet above the sign face, two feet on either side and one and one-half feet below the basic sign face area.

(Ord. 01-2. Passed 11-19-01.)

1287.08 LOCATION OF SIGNS.

(a) An off-premises sign or billboard shall not be closer than 2,000 feet to another off-premises sign or billboard along the same side of any street or highway, unless approved by special exception.

(b) An off-premises sign or billboard shall not be located with 150 feet of the centerline of any intersection at grade, with the exception of billboards that are principally showing to limited access highways and are constructed within 660 feet of the right-of-way in accordance with State regulations.

(c) An off-premises sign or billboard shall only be permitted in those areas designated in Section 1287.06.

(Ord. 01-2. Passed 11-19-01.)

1287.09 HEIGHT PROJECTION.

An off-premises sign or billboard shall not project higher than thirty feet as measured from the grade of the principal adjacent roadway intended for viewing to the bottom of said sign.

(Ord. 01-2. Passed 11-19-01.)

1287.10 SITE PLAN REQUIRED.

An application for an off-premises sign or billboard shall be accompanied by a site plan and contain all of the applicable requirements of this chapter.

(Ord. 01-2. Passed 11-19-01.)

1287.11 CERTIFICATION OF SAFETY OF BILLBOARD.

Any applications for an off-premises sign or billboard shall be accompanied by a certification under seal of a professional engineer that the existence of the off-premises sign or billboard, as proposed, shall not present a safety hazard.

(Ord. 01-2. Passed 11-19-01.)

1287.12 PERMIT REQUIRED.

No person may erect, alter, or relocate within Lower Chichester Township, any off-premises sign or billboard without first obtaining a sign permit from the Code Enforcement Officer and paying the required fee.

(Ord. 01-2. Passed 11-19-01.)

1287.13 APPLICATION FOR SIGN PERMIT.

Applications for sign permits shall be submitted to the Code Enforcement Officer and shall contain or have attached thereto the following information:

(a) The names, addresses, and telephone numbers of the applicant, the owner of the property on which the sign to be erected or affixed, the owner of the sign, and the person to be erecting or affixing the sign.

(b) A sketch plan of the property involved, showing accurate placement thereon of the proposed sign.

(c) Two blueprints or ink drawings of the plans and specification of the sign to be erected or affixed and the method of construction. Such plans and specifications shall include details of dimensions, color, materials and weight.

(d) A copy of stress sheets and calculations prepared by or approved by the Township Engineer.

(e) The written consent of the owner of the property and the Pennsylvania Department of Transportation, on which the sign is to be erected, and such other information as the Code Enforcement Officer may require to determine full compliance with this and other applicable ordinances of the Township.

(Ord. 01-2. Passed 11-19-01.)

1287.14 ISSUANCE OF PERMIT.

Upon the filing of an application for a sign permit, the Code Enforcement Officer shall examine the plans, specifications, and other submitted data, and the premises upon which the sign is proposed to be erected or affixed. If it appears that the proposed sign is in compliance with all of the requirements of this chapter and in conformance with the other applicable ordinances of the Township and if the appropriate permit fee has been paid, the Code Enforcement Officer shall issue a permit for the proposed sign. If the work authorized under a sign permit has not been completed within ninety days after the date of issuance, the permit shall become null and void unless otherwise extended by the Code Enforcement Officer.

(Ord. 01-2. Passed 11-19-01.)

1287.15 SIGN PERMIT APPLICATION FEE.

Each sign required by this chapter requiring a sign permit shall pay a sign permit application fee of fifty dollars ($50.00). In addition thereto, all other building permits shall be obtained and applicable fees paid.

(Ord. 01-2. Passed 11-19-01; Res. 2001-08. Passed 11-19-01.)

1287.16 ANNUAL LICENSE FEE.

An annual license fee of one thousand dollars ($1,000) shall be paid for each billboard constructed. An annual license fee schedule shall be adopted by the Township Board of Commissioners.

(Ord. 01-2. Passed 11-19-01; Res. 2001-07. Passed 11-19-01.)

1287.17 REVOCATION OF LICENSES.

All rights and privileges acquired under the provisions of this chapter are mere licenses and, as such, are at any time revocable for just cause by the Township. All permits issued pursuant to this chapter are hereby subject to this provision.

(Ord. 01-2. Passed 11-19-01.)

1287.18 ADMINISTRATION AND ENFORCEMENT.

The Code Enforcement Officer is hereby designated as the enforcement officer for this chapter. The said Code Enforcement Officer shall have the following duties and powers:

(a) Review all applications for sign permits, issuing permits for those signs found to be in compliance with the provisions of this chapter.

(b) Conduct an annual or more frequent inspection of all off-premises signs or billboards displayed in the Township to insure compliance with the provisions of this chapter.

(c) Issue notices of violation to owner, agent, or person having the beneficial interest in the premises on which the sign is located which is found to be in non-conformance with this chapter.

(d) After due notice, cause the removal of certain signs which are found to be in non-conformance with one or more of the provisions of this chapter.

(e) Render, when called to do so, administrative interpretations regarding the provisions of this chapter and their effect on the display of any sign located or to be located in the Township.

(f) Maintain all records necessary to the appropriate administration and enforcement of this chapter.

(Ord. 01-2. Passed 11-19-01.)

1287.19 ENFORCEMENT REMEDIES.

Any person, partnership, or corporation, who or which has violated the provisions of this chapter, shall, upon being found liable therefore in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than five hundred dollars ($500.00) plus all court costs, including reasonable attorney's fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied or be payable until the date of the determination of a violation by the district justice. If the defendant neither paid nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless a district justice determines that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating the chapter to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the district justice and thereafter each day that a violation continues shall constitute a separate violation.

(Ord. 01-2. Passed 11-19-01.)


CHAPTER 1288 - Nonconforming Buildings, Uses and Lots

1288.01 Nonconforming buildings or uses

1288.02 Nonconforming lots.

    CROSS REFERENCES

    Registration of nonconforming uses - see Penna. Mun. Plan. Code, § 613

    General provisions and definitions - see P. & Z. Ch. 1260

    Administration, enforcement and penalty - see P. & Z. Ch. 1262

    Zoning Hearing Board - see P. & Z. Ch. 1264

    Signs - see P. & Z. Ch. 1286

    Supplementary regulations - see P. & Z. Ch. 1290

1288.01 NONCONFORMING BUILDINGS OR USES.

(a) Continuation. Any lawful use of a building or land existing at the effective date of this Zoning Code (Ordinance 404, passed March 25, 1968), or authorized by a building permit issued prior thereto, may be continued although such use does not conform to the provisions of this Zoning Code.

(b) Extension. No alteration or addition shall be made after the effective date of this Zoning Code which would extend a nonconforming building or use, unless authorized as a special exception after a public hearing, provided that any extension or enlargement shall conform to the area and height regulations of the district in which such use is situated.

(c) Changes. A nonconforming use of a building or land may be changed to a nonconforming use of the same or a more restricted classification, if no structural alterations are made therein, provided that such change may include structural alterations when authorized as a special exception. Whenever a nonconforming use of a building or land has been changed to a use of a more restricted classification or to a conforming use, such use shall not thereafter be changed to a use of a less restricted classification.

(d) Restoration. A nonconforming building wholly or partially destroyed by fire, explosion, flood or other phenomenon, or legally condemned, may be reconstructed and used for the same nonconforming use, provided that the reconstructed building shall not exceed in height, area and volume the building destroyed or condemned, and that building reconstruction shall be commenced within one year from the date the building was destroyed or condemned and shall be carried on without interruption.

(e) Abandonment. If a nonconforming use of a building ceases for a continuous period of one year or more, or if a nonconforming use of land ceases for any length of time for any reason, subsequent use of such building or land shall be in conformity with the provisions of this Zoning Code.

(Ord. 404. Passed 3-25-68.)

1288.02 NONCONFORMING LOTS.

A building may be erected or altered on any lot held on the effective date of this Zoning Code (Ordinance 404, Passed March 25, 1968) in single and separate ownership, which lot is not of the required minimum area or width or is of such unusual dimension that the owner would have difficulty in providing the required open spaces for the district in which such lot is situated, provided a special exception is authorized.

(Ord. 404. Passed 3-25-68.)


CHAPTER 1290 - Supplementary Regulations

1290.01 Reduction of lots.

1290.02 Obstruction of vision at corner lots.

1290.03 Prohibited uses.

1290.04 Height of buildings.

1290.05 Temporary stands or structures.

1290.06 Access to dwellings; open space.

1290.07 Fences, hedges and walls.

1290.08 Open space and recreation areas.

1290.09 Underground caverns.

    CROSS REFERENCES

    General provisions and definitions - see P. & Z. Ch. 1260

    Administration, enforcement and penalty - see P. & Z. Ch. 1262

    Zoning Hearing Board - see P. & Z. Ch. 1264

    Signs - see P. & Z. Ch. 1286

    Nonconforming buildings, uses and lots - see P. & Z. Ch. 1288

1290.01 REDUCTION OF LOTS.

No lot area shall be so reduced that the area of the lot, or the dimensions of the open spaces, shall be smaller than prescribed in this Zoning Code.

(Ord. 404. Passed 3-25-68.)

1290.02 OBSTRUCTION OF VISION AT CORNER LOTS.

On any corner lot, no retaining wall, fence or other structure shall be erected or altered, and no hedge, tree, shrub or other growth shall be maintained, which may cause danger to traffic on a street or public road by obscuring the view.

(Ord. 404. Passed 3-25-68.)

1290.03 PROHIBITED USES.

No building may be erected, altered or used, and no lot or premises may be used, for any of the following trades, industries or businesses:

(1) Abattoir or slaughterhouse

(2) Acetylene gas manufacture

(3) Acid manufacture

(4) Air fields

(5) Ammonia, bleaching powder, or chlorine manufacture

(6) Amusement park of any character

(7) Arsenal

(8) Asphalt manufacture or refining

(9) Automobile court

(10) Automobile graveyard, junkyard scrap metal, paper, rags or rubber storage

(11) Breweries

(12) Candle manufacture

(13) Cemeteries and extensions thereof

(14) Cereal products manufacture

(15) Coke oven

(16) Commercial hennery

(17) Creosote treatment or manufacture

(18) Dog kennels

(19) Disinfectants manufacture

(20) Distillation of bones, coal or wood

(21) Dyestuff manufacture

(22) Emery cloth and sandpaper manufacture

(23) Extermination and insect poison manufacture

(24) Fat rendering

(25) Fertilizer manufacture

(26) Fireworks or explosive manufacture or storage

(27) Fish smoking and curing

(28) Glue, size or gelatine manufacture

(29) Goat farms

(30) Lampblack manufacture

(31) Match manufacture

(32) Mushroom houses

(33) Oil cloth or linoleum manufacture

(34) Oiled or rubber goods manufacture

(35) Ore reduction

(36) Paint, oil, shellac, turpentine or varnish manufacture

(37) Piggeries

(38) Plating works

(39) Potash works

(40) Printing ink manufacture

(41) Public dumping ground

(42) Pyroxylin manufacture

(43) Rubber caoutchouc or gutta percha manufacture or treatment

(44) Saltworks

(45) Sauerkraut manufacture

(46) Shoe blacking manufacture

(47) Smelter

(48) Soap manufacture

(49) Soda and compound manufacture

(50) Stockyard

(51) Stove polish manufacture

(52) Sulphuric, nitric or hydrochloric acid manufacture

(53) Tallow, grease or lard manufacture or refining

(54) Tanning, curing or storage of leather, rawhides or skins

(55) Tar distillation or manufacture

(56) Tar roofing or waterproofing manufacture

(57) Tents erected for amusement or commercial purposes

(58) Tourist cabin

(59) Trailer camps and trailers for living purposes

(60) Vinegar manufacture

(61) Wool pulling or scouring

(62) Yeast plant

(63) Any other use of a property which the Board of Commissioners shall at any time by ordinance deem to be a nuisance.

(Ord. 404. Passed 3-25-68.)

1290.04 HEIGHT OF BUILDINGS.

No building or part thereof shall exceed forty feet in height unless by special exception.

(Ord. 404. Passed 3-25-68.)

1290.05 TEMPORARY STANDS OR STRUCTURES.

Temporary stands or structures for sale of merchandise are hereby prohibited.

(Ord. 404. Passed 3-25-68.)

1290.06 ACCESS TO DWELLINGS; OPEN SPACE.

No dwelling shall hereafter be erected or altered unless there is direct access to it through an open space on the same lot. Such open space shall be at least twenty-five feet wide and shall extend from the dwelling to a public street or highway, or to a private street or highway so constructed and maintained that vehicles of all kinds may readily pass over it at all seasons of the year.

(Ord. 404. Passed 3-25-68.)

1290.07 FENCES, HEDGES AND WALLS.

(a) Artificial Fences.

  (1) No artificial fence shall be erected within the front yard setback in the R1, R2 or R3 Residence District or the General Commercial District at any point forward of the front wall of the structure.

  (2) No artificial fence in the R1, R2 or R3 Residence District or the General Commercial District shall exceed four feet in height.

  (3) No artificial fence in any Industrial District or one required to enclose a public utility installation shall exceed six feet in height.

  (4) Fences within all zoning districts shall be erected with the finished side of the fence facing adjacent properties. The finished side shall be considered the side without the structural supporting members.

(b) Living Fences.

  (1) No living fence, bush or similar planting in Residence or Commercial Districts shall be more than four feet in height in the front yard of a property, nor more than six feet in height in the rear or side yard of a property.

  (2) Living fences and all other bushes, hedges and similar plants shall be so trimmed that they shall not grow out over sidewalks, streets and adjoining properties and shall not be allowed to grow to a point closer than one foot from any such sidewalk, street and adjoining property.

(c) Compliance. All artificial and living fences and walls in conflict with this chapter on the date of the adoption of this Zoning Code (Ordinance 404, passed March 25, 1968) are permitted to remain. If such fence or wall is removed, torn down or becomes in a state of disrepair, the nonconformity will cease and any new fence must comply with this Zoning Code. When any property is sold or transferred, all artificial and living fences in conflict herewith shall be made to conform with this Zoning Code.

(d) Barbed Wire, Glass, Etc. It shall not be permitted to have barbed wire, glass, barbs or any other dangerous material on the top of any fence or wall or any new fence or wall.

(e) Permits. Before any work is commenced, any person intending to erect an artificial fence must make application to the Building Inspector for a permit therefor, on a form supplied by the Building Inspector. Such application shall be accompanied with a plan or sketch showing the proposed location of the artificial fence and the materials proposed to be used therein. Upon approval of the Building Inspector, a permit shall be provided effective for six months from the date of issuance. The Board of Commissioners may, by resolution, establish a fee for fence permits which may be changed from time to time by resolution.

(Ord. 404. Passed 3-25-68.)

1290.08 OPEN SPACE AND RECREATION AREAS.

(a) In all commercial and industrial subdivisions or land developments involving more than one acre of land, the applicant shall set aside land for open space and/or recreation purposes. The amount of land set aside for such purposes will be one acre for each twelve acres or proportional equivalent thereof.

Alternatively, the Board of Commissioners will, in its sole discretion, require a fee in lieu of land to be set aside if it is deemed by the Board of Commissioners to be in the best interests of the Township to do so.

(b) The fee in lieu of land shall be a flat fee of one thousand dollars ($1,000) per acre of land in the subdivision. Such fee may be changed by the Board of Commissioners from time to time by resolution.

(c) All monies collected in lieu of land shall be kept in a Township capital reserve fund, which shall be used for the acquisition of open space, capital improvements or park and recreation purposes within the Township, consistent with open space and recreation requirements and the need for capital improvements for persons using facilities and land within the Township.

(d) This section is in addition to any other fee or ordinance of the Township.

(Ord. 87-2. Passed 7-20-87.)

1290.09 UNDERGROUND CAVERNS.

(a) No underground cavern for the storage of butane, propane, hydrocarbons, methane, ethane or any combustible or explosive material, either gaseous or liquid, shall be constructed, erected, altered or used on or under any premises in the Township, the ground surface of which shall be within 750 feet of any dwelling or 500 feet of any public highway.

(b) No underground cavern for the storage of such gaseous or liquid products shall be constructed, erected, altered or used in the Township without a written application filed with the Secretary of the Township, a public hearing held thereon with notice to the public not less than thirty days prior to said hearing and express written approval by the Township Commissioners. Any such approval shall be subject to such conditions as the Board of Commissioners shall determine.

(Ord. 79-4. Passed 5-21-79.)


CHAPTER 1292 - Communications Facilities

1292.01 Purpose.

1292.02 Definitions.

1292.03 Permitted uses.

1292.04 Use, area and weight regulations.

1292.05 Standards of approval.

1292.06 Landscaping.

1292.07 Fencing.

1292.08 Parking.

1292.09 Site plan.

1292.10 Maintenance requirements.

1292.11 Abandonment.

1292.01 PURPOSE.

The purpose of this chapter and the standards established hereunder is to govern the use, construction and facilities siting of towers, cellular and wireless towers, facilities and equipment, so as:

(a) To accommodate the need for wireless communications, cellular communications and personal communications service towers, cellular and wireless towers, facilities and equipment while regulating their location and number in Lower Chichester Township;

(b) To minimize adverse visual effects of towers, cellular and wireless towers, facilities and equipment through careful design, siting and vegetative screening;

(c) To avoid potential damage to adjacent properties from antenna support structure failure and falling ice and debris through engineering and careful siting of antenna support structures; and

(d) To maximize the use of any new or existing antenna support structures or other tall structure(s) so as to reduce the number of antenna support structures needed in the future.

(Ord. 2004-02. Passed 7-19-04.)

1292.02 DEFINITIONS.

The following terms, used in this chapter, shall be interpreted as follows:

(a) "Antenna" means any device or mechanism used in the collection, transmitting, routing or receiving of telecommunications transmissions, radio signals or radio frequency energy, including, but not limited to, use by or in the provision of wireless communications, cellular communications and personal communications services.

(b) "Antenna height" means the vertical distance measured from the base of an antenna support structure at grade to the highest point of the antenna support structure, including any antenna affixed thereto. If the antenna support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna height.

(c) "Antenna support structure" means any pole, telescoping mast, monopole, tower, tripod or any other structure which supports or has attached to it, an antenna or antennae.

(d) "Cell site" means a tract or parcel of land that contains the wireless, cellular or personal communications service antenna, its antenna support structure, accessory building(s), and parking, and may include other uses associated with and ancillary to providing wireless communications, cellular communications or personal communications services.

(e) "Tower" means any pole, telescoping mast, monopole, tower, tripod, or any other like structure to be erected within the Township.

(f) "Towers, cellular and wireless towers, facilities and equipment" includes but is not limited to antenna, antenna support structures and cell sites.

(Ord. 2004-02. Passed 7-19-04.)

1292.03 PERMITTED USES.

A cell site is a permitted use, by right, in the following zoning districts or in conjunction with the following uses and no other:

(a) LI, Light Industrial District; and

(b) Any parcel used exclusively as a Municipal use.

(Ord. 2004-02. Passed 7-19-04.)

1292.04 USE, AREA AND WEIGHT REGULATIONS.

(a) A cell site with antenna that is attached to an existing wireless communications, cellular communications or personal communications services tower, smoke stack, water tower, or other similar tall structure, together with any antenna support structure shall not exceed the height of the existing structure by more than fifteen feet.

(b) A cell site with antenna that is not mounted on an existing antenna support structure, shall not have an antenna height or tower height in excess of 150 feet.

(c) All other uses ancillary to the towers, cellular and wireless tower, facilities and equipment (including but not limited to a maintenance depot, etc.) are prohibited from the cell site unless otherwise permitted in the zoning district in which the cell site is located. Such other ancillary uses shall not be considered accessory uses.

(d) Setbacks from the base of any new antenna support structure to be constructed (as opposed to mounting the antenna on an existing structure), shall be a minimum distance of 300 feet from the base of the support structure or any guy wire anchors and any property line or right-of-way.

(e) Any provisions of the zoning ordinance or any other Township ordinance which are not addressed hereunder, shall remain in effect and shall not be considered altered or modified by this section, and shall apply to the proposed tower, cellular and wireless tower, facilities and equipment.

(Ord. 2004-02. Passed 7-19-04.)

1292.05 STANDARDS OF APPROVAL.

The following standards of approval shall apply to all towers, cellular and wireless towers, facilities and equipment.

(a) The applicant shall demonstrate, using accepted technological evidence, that the antenna and antenna support structure must be located where proposed in order to satisfy its function in the applicant's grid system.

(b) If the applicant proposes to build an antenna support structure, applicant shall provide written evidence that it first contacted the owners of tall structures within a one-quarter mile radius from the proposed cell site, requested permission to install the antenna on those structures, and was denied for reason other than economic ones. Tall structures shall include, but not limited to, smoke stacks, water towers, buildings in excess of six stories, antenna support structures of other wireless communications, cellular communications and personal communications service providers, other communications towers (fire, police, etc.), and other similar tall structures.

(c) The applicant shall demonstrate that the antenna height is the minimum required to function satisfactorily. No antenna height taller than this minimum height shall be approved, unless the applicant provides proof that another provider of wireless, cellular or personal communications services has already agreed to co-locate on the applicant's antenna support structure at a greater height than is required by the applicant.

(d) The applicant shall demonstrate that the proposed antenna and antenna support structure are safe and the surrounding properties will not be negatively affected by antenna support structure failure, falling ice or other debris, electromagnetic fields, or radio frequency interference. All antenna support structures shall be fitted with anti-climbing devices, as approved by the manufacturers.

(e) In order to reduce the number of antenna support structures needed in the Township in the future, the proposed antenna support structure shall be required to accommodate, where possible, other users, including other wireless communication cellular communications and personal communication service providers companies, and local police, fire and ambulance companies. Applicants shall provide evidence that all other authorized users have been contacted by the applicant with an offer of co-location on the applicant's proposed antenna support structure.

(f) The applicants must demonstrate that it is licensed by the Federal Communication Commission, to provide wireless communications, cellular communications and or personal communications services.

(Ord. 2004-02. Passed 7-19-04.)

1292.06 LANDSCAPING.

(a) Existing vegetation shall be preserved to the maximum extent possible.

(b) Landscaping shall be required to screen and buffer as much of the towers, cellular and wireless towers, facilities and equipment as possible, the fence surrounding the towers, cellular and wireless towers, facilities and equipment, and any other ground level features of the cell site, from the abutting properties.

(c) Where the cell site abuts residentially developed land, residential zoning districts, public land or streets, the cell site perimeter shall be landscaped with at least one row of deciduous trees, not less than three and one-half inches in caliper, spaced not more than thirty feet apart, on center, and within twenty-five feet of the cell site boundary, as well as at least one row of evergreen trees or shrubs, at least fourteen feet high when planted and spaced not more than fifteen feet apart and within forty feet of the cell site boundary. Alternatives such as walls or solid fences constructed of wood or stone, of at least eight feet in height may be permitted by the Board of Commissioners based on security or other reasons.

(d) Antenna support structures shall be painted gray or have a galvanized finish retained, in order to reduce the visual impact. Notwithstanding the foregoing, all antenna support structures shall meet all Federal Aviation Administration (FAA) regulations. No antenna support structures may be lighted except when required by the FAA.

(Ord. 2004-02. Passed 7-19-04.)

1292.07 FENCING.

A security fence shall be required around the cell site, unless the antenna is mounted on an existing structure. The security fence shall be a minimum of eight feet in height and shall otherwise comply with the regulations set forth in Section
1290.07, et seq.

(Ord. 2004-02. Passed 7-19-04.)

1292.08 PARKING.

If the cell site is fully automated, adequate parking shall be required for maintenance workers, with a minimum of two parking spaces provided. If the cell site is not automated, the number of required parking spaces shall equal the number of people present at the cell site on the largest shift.

(Ord. 2004-02. Passed 7-19-04.)

1292.09 SITE PLAN.

A site plan at a scale of one inch equals fifty inches shall be required for all cell sites, showing the antenna, antenna support structures, building, fencing, buffering and ingress and egress. The site plan shall comply with the Township Subdivision and Land Development Ordinance, as amended.

(Ord. 2004-02. Passed 7-19-04.)

1292.10 MAINTENANCE REQUIREMENTS.

The cell site shall be maintained and kept in good repair as required by Federal Law H.R. 6180/s. 2882, the Telecommunications Authorization Act of 1992 including amendments to Sections 303(q) and 503(b)(5) of the Communications Act of 1934, and all Township ordinances not inconsistent therewith.

(Ord. 2004-02. Passed 7-19-04.)

1292.11 ABANDONMENT.

It being the finding of the Township Board of Commissioners, that antenna and antenna support structures which have been abandoned present a danger to the health, safety and welfare of the general public, all abandoned structures shall be removed from any cell site not more than one year after abandonment. The cell site owner shall be responsible for any demolition costs related to the antenna and antenna support structures.

(Ord. 2004-02. Passed 7-19-04.)

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