§ 190-101
Zoning
§ 190-102
CHAPTER 190
ZONING
[HISTORY: Adopted by the Board of Commissioners of Penn Township 11-30-1995 by Ord. No. 659. Amendments
noted where applicable.]
GENERAL REFERENCES
Planning Commission — See Ch. 13, Art. I.
Building construction — See Ch. 63.
Dangerous buildings — See Ch. 67.
Outdoor burning — See Ch. 75.
Floodplain management — See Ch. 86.
Junk dealers and junkyards — See Ch. 104.
Property maintenance — See Ch. 125.
Real estate registry — See Ch. 129.
Sewers — See Ch. 133.
Solid waste — See Ch. 138.
Stormwater management — See Ch. 144.
Streets and sidewalks — See Ch. 150.
Subdivision and land development — See Ch. 156.
Article I
General Provisions
§ 190-101.
Title.
This Chapter shall be known and cited as the "Penn Township Zoning Ordinance Number 659 of,
November 30, 1995," as amended.
§ 190-102.
Purpose; interpretation; conflict of provisions.
A.
It is the purpose of this Chapter to lessen congestion on the roads and highways; to secure
safety from fire, panic and other danger; to promote health and the general welfare; to avoid
undue congestion of population; and to facilitate the adequate provision of transportation,
water, sewerage, schools, parks and other requirements. It is not the intent of this Chapter to
restrict, control or place hardship upon the continued agricultural use of land within its area of
jurisdiction and control.
B.
The specific objectives of this Chapter are a summary of the broad goals extracted from the
Comprehensive Plan for Penn Township, 1963, the 1995 Land Use Plan Update, and the 2005
Comprehensive Plan Update.1
(1)
Orderly community development. Orderly community objectives shall be as follows:
(a) To assure development that is of maximum value to the community and landowners.
(b) To prevent haphazard growth that interferes with the best economic use of the land
and undermines community values.
(c) To complement orderly land development with an efficient thoroughfare system and
adequate community facilities.
(2)
Stable and sustainable development. Stable and sustainable development objectives shall
be as follows:
(a) To ensure a stable tax base.
1.
Editor's Note: Said plans are on file in the Township offices.
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(b) To encourage development characterized by pride of ownership and good
maintenance practices.
(c) To maintain stability in each neighborhood and commercial area through an orderly
general development pattern.
(3)
Community identity. Community identity objectives shall be as follows:
(a) To maintain the Township's image as a primarily agricultural and residential
community.
(b) To delineate the Township's image as a community of well-planned living and leisure
areas served by commercial areas.
(c) To strengthen the Township's identity by promoting a balance between residential
and commercial projects.
(4)
Conservation and sustainability. Conservation and sustainability objectives shall be as
follows:
(a) To preserve the Township housing facilities and natural location.
(b) To rejuvenate existing commercial areas.
(c) To protect the natural environment and residential quality by preserving open space
and natural amenities.
(d) To preserve agricultural land within the Township.
C.
The interpretation and application of the provisions of this Chapter shall be held to be the
minimum requirements for the promotion of the health, safety and general welfare of Penn
Township. This Chapter is not intended to interfere with or abrogate or annul other rules,
regulations or ordinances of the Township, provided that where this Chapter imposes a greater
restriction upon the use of buildings or premises or upon the height of a building or requires
larger open spaces than are imposed by other such rules, regulations or ordinances, the
provisions of this Chapter shall prevail.
§ 190-103.
Compliance with regulations.
No building shall be erected, converted or altered nor shall any building or land be used except for a
purpose permitted in the district in which the building or land is located, except as hereafter provided.
No building shall be erected, enlarged or altered except in conformity with the area regulations,
minimum yard requirements and minimum off-street parking space requirements of this Chapter for the
district in which such building is located.
§ 190-104.
Adoption of airport zoning regulations. [Amended 7-21-1998 by Ord. No. 707]
The Southwestern Pennsylvania Regional Planning Commission's Proposed Airport Zoning Regulations to
Limit the Height of Objects Around Pittsburgh-Bouquet Airport is hereby adopted by Penn Township and
is incorporated herein as Article XI by reference, and the maps contained in these regulations are hereby
adopted and incorporated as overlays to the Zoning District Map and are made a part of this Chapter by
reference thereto.2
2.
Editor's Note: Said maps are on file in the Township offices.
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Article II
General Terminology
§190-201.
Word usage.
D. For the purposes of this Chapter certain terms and words are used as follows:
E.
(1)
Words used in the present tense shall include the future.
(2)
Words used in the singular shall include the plural.
(3)
The word "person" includes a corporation as well as an individual.
(4)
The word "lot" includes the words "plot" or "parcel."
(5)
The term "shall" is always mandatory. The term "may" is always permissive.
(6)
The words "used" or "occupied" as applied to any land or building shall be construed to
include the words "intended, arranged or designed to be used or occupied."
(7)
The word "building" includes the word "structure."
(8)
Unless otherwise specified, all distances shall be measured horizontally.
In the absence of a specific definition in § 190-202, any word used in this Chapter shall have its
customary dictionary definition as contained in the most recent edition of Webster's Collegiate
Dictionary.
§190-202.
Definitions.
Unless otherwise expressly stated, the following words shall, for the purpose of this Chapter, have the
meanings herein indicated:
ABANDONED SIGN — A sign structure that has ceased to be used for six months.
ACCESSORY USE OR STRUCTURE — A use or structure customarily incidental to the principal use of the
land or the principal building, located on the same lot with the principal use or principal building. A
home office is an example of an accessory use; however, a home occupation is not deemed an accessory
use for purposes of this definition. A detached garage or storage shed are examples of accessory
structures.
ADULT BOOKSTORE or ADULT VIDEO STORE — A commercial establishment which, as one of its principal
business purposes, offers for sale or rental for any form of consideration any one or more of the
following:
A.
Books, magazines, periodicals or other printed matter or photographs, films, motion pictures,
videocassettes or video reproductions, slides or other visual representations which depict or
describe specified sexual activities or specified anatomical areas; or
B.
Instruments, devices or paraphernalia which are designed for use in connection with specified
sexual activities, whether used to view such materials or for use on or off the premises.
C.
A commercial establishment may have other principal business purposes that do not involve the
offering for sale or rental of material depicting or describing specified sexual activities or specified
anatomical areas and still be categorized as "adult bookstore or adult video store." Such other
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business purposes will not serve to exempt such commercial establishment from being
categorized as an "adult bookstore or adult video store" so long as one of its principal business
purposes is the offering for sale or rental for consideration the specified materials which depict or
describe specified sexual activities or specified anatomical areas.
ADULT CABARET — A nightclub, bar, restaurant or similar commercial establishment which regularly
features: persons who appear in the state of nudity; or live performances which are characterized by the
exposure of specified anatomical areas or by specified sexual activities; or films, motion pictures, video
cassettes, slides, or, other photographic reproductions which are characterized by the depiction or
description of specified sexual activities or specified anatomical areas.
ADULT ENTERTAINMENT
A.
An exhibition of any sexually oriented motion pictures, meaning those distinguished or
characterized by an emphasis on matter depicting, describing or relating to specified sexual
activities or specified anatomical areas.
B.
A live performance, display or dance of any type which has as a significant or substantial portion
of the performance any actual or simulated performance of specified sexual activities or exhibition
and viewing of specified anatomical areas, removal of articles of clothing or appearing unclothed,
pantomiming, modeling or any other personal services offered customers.
ADULT MOTEL — A hotel, motel or similar commercial establishment which:
A.
Offers accommodations to the public for any form of consideration; provides patrons with closedcircuit television transmissions, films, motion pictures, videocassettes, slides or other
photographic reproductions which are characterized by the depiction or description of specified
sexual activities or specified anatomical areas; and has a sign visible from the public right-of-way
which advertises the availability of this adult-type of photographic reproductions; or
B.
Offers sleeping rooms for rent four or more times in one calendar day during five or more
calendar days in any continuous thirty-day period.
ADULT-ORIENTED ESTABLISHMENT
A.
The term includes, without limitation, the following establishments when operated for profit,
whether direct or indirect:
(1)
Adult bookstores.
(2)
Adult motion-picture theaters, regardless of seating capacity.
(3)
Any premises to which the public, patrons or members are invited or admitted and which
are so physically arranged as to provide booths, cubicles, rooms, studios, compartments or
stalls separate from the common areas of the premises for the purpose of viewing sexually
oriented motion pictures or where an entertainer provides adult entertainment to a
member of the public, a patron or a member.
(4)
An adult entertainment studio or any premises that are physically arranged and used as
such, whether advertised or represented as an adult entertainment studio, exotic dance
studio, encounter studio, sensitivity studio, modeling studio or any other term of like
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import.
B.
The term "booths, cubicles, rooms, studios, compartments or stalls" for purposes of defining
sexually oriented establishments does not mean enclosures which are private offices used by the
owner, manager or persons employed on the premises for attending to the tasks of their
employment and which are not held out to the public for the purpose of viewing motion pictures
or other entertainment for a fee, and which are not open to any persons other than employees.
ADULT THEATER — A theater, concert hall, auditorium or similar commercial establishment which
regularly features persons who appear in a state of nudity or live performances which are characterized
by the exposure of specified anatomical areas or specified sexual activities.
AGRICULTURAL OPERATION — an enterprise that is actively engaged in the commercial production and
preparation for market of crops, livestock and livestock products and in the production, harvesting and
preparation for market or use of agricultural, agronomic, horticultural, silvicultural and aquacultural
crops and commodities. The term includes an enterprise that implements changes in production
practices and procedures or types of crops, livestock, livestock products or commodities produced
consistent with practices and procedures that are normally engaged by farmers or are consistent with
technological development within the agricultural industry.
AGRICULTURAL PRODUCTS —Includes, but is not limited to, crops (corn, wheat, hay, potatoes); fruit
(apples, peaches, grapes, cherries, berries); cider; vegetables (sweet corn, pumpkins, tomatoes);
floriculture; herbs; forestry; husbandry; livestock and livestock products (cattle, sheep, hogs, horses,
poultry, ostriches, emus, farmed deer, farmed buffalo, milk, eggs, and fur); aquaculture products (fish,
fish products, water plants and shellfish); horticultural specialties (nursery stock, ornamental shrubs,
flowers and Christmas trees); maple sap.
AGRICULTURAL RESEARCH — The scientific investigation, research, testing, experimentation or
engineering leading to the production of knowledge or end products which improve the practice of
agriculture, including improvement of crops and/or soil or livestock breeding improvements.
AGRICULTURAL SUPPLY AND EQUIPMENT SALES — A retail establishment which sells equipment and
supplies used in the pursuit of agriculture.
AGRICULTURALLY RELATED PRODUCTS —Items sold at a farm market to attract customers and promote
the sale of agricultural products. Such items include, but are not limited to all agricultural and
horticultural products, animal feed, baked goods, ice cream and ice cream based desserts and
beverages, jams, honey, gift items, food stuffs, clothing and other items promoting the farm and
agriculture in Pennsylvania and value-added agricultural products and production on site.
AGRICULTURALLY RELATED USES —Those activities that predominantly use agricultural products,
buildings or equipment, such as pony rides, corn mazes, pumpkin rolling, barn dances, sleigh/hay rides,
and educational events, such as farming and food preserving classes, etc.
AGRITOURISM —The practice of visiting an agribusiness, horticultural, or agricultural operation,
including, but not limited to, a farm, orchard, winery, greenhouse, hunting preserve, a companion
animal or livestock show, for the purpose of recreation, education, or active involvement in the
operation, other than as a contractor or employee of the operation.
AIRCRAFT — Any contrivance, except an unpowered hang glider or parachute, used for manned ascent
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into or flight through the air. See 74 Pa.C.S.A. § 5102.
AIRPORT — The Pittsburgh-Bouquet Airport and is defined as any of land or any appurtenant areas
which are used or intended to be used for airport buildings or air navigation facilities or rights-of-way,
together with all facilities thereon. See 74 Pa.C.S.A. § 5102. As used herein, the term "airport" shall not
include heliports.
AIRPORT ELEVATION — The highest point of an airport's usable landing area, measured in feet from sea
level; here, 1,188 feet above mean sea level.
AIRPORT HAZARD AREA — Any area of land or water upon which a hazard to air navigation (an airport
hazard) might be established if not prevented as provided by these regulations and the Act of October
10, 1984, P.L. 837, No. 164. 3
ALTERATION, STRUCTURAL — See "structural alteration."
AMUSEMENT ESTABLISHMENT — A facility within an enclosed building which provides amusement or
entertainment activities for a fee or admission charge, including such establishments as indoor theaters,
concert halls, dance halls, skating rinks, bowling alleys, billiard and pool halls, video and game arcades
and similar establishments.
ANIMAL HOSPITAL — An establishment where animals are examined and treated by veterinarians and
which may include kennels in a completely enclosed building for temporary boarding of animals during
treatment.
ANIMATED SIGN — A sign employing actual motion or the illusion of motion. Animated signs, which are
differentiated from changeable signs as defined and regulated by this Chapter, include the following
types:
A.
B.
3.
Electrically activated. Animated signs producing the illusion of movement by means of electronic,
electrical or electro-mechanical input and/or illumination capable of simulating movement
through employment of the characteristics of one or both of the classifications noted below:
(1)
Flashing. Animated signs or animated portions of signs whose illumination is characterized
by a repetitive cycle in which the period of illumination is either the same as or less than the
period of nonillumination. For the purposes of this article, flashing will not be defined as
occurring if the cyclical period between on-off phases of illumination exceeds ten (10)
seconds.
(2)
Patterned illusionary movement. Animated signs or animated portions of signs whose
illumination is characterized by simulated movement through alternate or sequential
activation of various illuminated elements for the purpose of producing repetitive light
patterns designed to appear in some form of constant motion.
Environmentally activated. Animated signs or devices motivated by wind, thermal changes or
other natural environmental input. Includes spinner, pinwheels, pennant strings, and/or devices
or displays that respond to naturally occurring external motivation.
Editor's Note: See 74 Pa.C.S.A. § 5101 et seq.
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Mechanically activated. Animated signs characterized by repetitive motion and/or rotation
activated by a mechanical system powered by electric motors or other mechanically induced
means.
APARTMENT — A dwelling unit in a multifamily building, other than a townhouse.
APPROACH SURFACE — A surface longitudinally centered on the extended runway center line, extending
outward and upward from the end of the primary surface and at such slope as the approach surface
zone height limitation slope set forth in the airport overlay district provisions. In plan, the perimeter of
the approach surface coincides with the perimeter of the Approach Zone.
APPROACH, TRANSITIONAL, HORIZONTAL AND CONICAL ZONES — These zones are shown in the
illustration entitled "Isometric View of Airport Zones" set forth in the airport overlay district provisions.
ARCHITECTURAL PROJECTION — Any projection that is not intended for occupancy and that extends
beyond the face of an exterior wall of a building, but that does not include signs as defined herein. See
also "awning;" "backlit awning;" and "canopy, attached and freestanding."
ARTERIAL ROAD — A public road which serves large volumes of pass through and long-distance traffic.
Roads classified as arterial in the Township include I-76, the Pennsylvania Turnpike, State Route 66,
State Route 130, State Route 993, Harrison City/Export Road, Murrysville Road (State Route 4033), Nike
Site Road (State Route 4025), Claridge/Elliott and Claridge/Export Roads (State Route 4037), Pleasant
Valley/Sandy Hill Roads, and Mellon Road (State Route 4026).
ASSISTED LIVING FACILITY – A residential facility within which residents with or without minor
physical disabilities live, cook, dine, and recreate, and may be provided with medical and other
services.
AUTOMOTIVE SALES — The sales or rental of new or used motor vehicles or trailers, including outdoor
display areas, service areas within a completely enclosed building and a showroom and offices within
the building.
AWNING — An architectural projection or shelter projecting from and supported by the exterior wall of
a building and composed of a covering of rigid or nonrigid material and/or fabric on a supporting
framework that may be either permanent or retractable, including such structures that are internally
illuminated by fluorescent or other light sources.
AWNING SIGN — A sign displayed on or attached flat against the surface or surfaces of an awning. See
also "wall or fascia sign."
BACKLIT AWNING — An awning with a translucent covering material and a source of illumination
contained within its framework.
BAKERY — A retail establishment which sells baked goods to the general public and which may include
the on-site preparation of baked goods in quantities adequate to supply the establishment and its retail
customers, but not including preparation of products to be supplied to other establishments for sale or
to wholesale customers.
BANNER SIGN — A temporary sign painted or printed on a strip of cloth, vinyl, plastic or paper designed
to be hung from poles, across the wall of a building or in a window.
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BASEMENT — The space enclosed by the foundation or ground-floor walls of a building which is at least
50% above the average level of the adjacent ground and which has a floor-to-ceiling height of at least
seven feet.
BILLBOARD — See "off-premises sign" and "outdoor advertising sign."
BLACKSMITH — A business which is either an accessory or principal use in an agricultural area, involving
metalworking for the purpose of providing services for farm equipment and farm animals.
BOARD — The Zoning Hearing Board of Penn Township, Westmoreland County.
BOARDING STABLE — A lot, with or without a building, where horses and/or ponies owned by someone
other than the lot owner are kept, regardless of whether or not compensation is paid to the lot owner
for boarding of the horses and/or ponies.
BUFFER AREA — A landscaped area of a certain depth specified by this Chapter which shall be planted
and maintained in accordance with standards set forth in § 190-630 of this Chapter. [Amended 10-72002 by Ord. No. 757]
BUILDING — Any permanent structure having a roof supported by columns or walls erected
permanently and intended for the shelter, housing and/or enclosure of persons, animals or other
property.
BUILDING ELEVATION — The entire side of a building, from ground level to the roofline, as viewed
perpendicular to the walls on that side of the building.
BUILDING LINE — An imaginary line located a fixed distance from the front lot line and interpreted as
being the nearest point that a building may be constructed to the front lot line. The building shall
include patios and similar construction features except those permitted projections authorized by Article
VI of this Chapter.
BUILDING OR STRUCTURE, PRINCIPAL — A building or structure in which is conducted the principal use
of the lot on which said building or structure is situated.
BUILDING, HEIGHT OF — The vertical distance from the average finished grade at the front of the
building to the highest point of the coping of a flat roof or to the deckline of a mansard roof or to the
mean height level between the eaves and the ridge for gable, hip and gambrel roofs.
BUSINESS OFFICES — Offices, other than professional offices, of a corporation, partnership or sole
proprietorship, used primarily for the conduct of commerce or trade, including accounting,
correspondence, research, editing or other administrative functions of the business, but not including
any manufacturing, processing or storage of machinery or heavy equipment.
BUSINESS SERVICES — Any activity conducted for gain which renders services primarily to other
commercial or industrial enterprises or which services and repairs appliances and machines used in
homes or businesses, other than heavy equipment, including advertising, public relations, management
and consulting services; employment services; building maintenance and security services; equipment
servicing, rental, leasing and sales; computer and data processing services; mailing, photocopying, quickprinting and fax services; sale of office supplies; and similar services.
CANOPY (ATTACHED) — A multisided overhead structure or architectural projection supported by
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attachments to a building on one or more sides and either cantilevered from such building or also
supported by columns at additional points. The surface(s) and/or soffit of an attached canopy may be
illuminated by means of internal or external sources of light. See also "marquee."
CANOPY (FREESTANDING) — A multisided overhead structure supported by columns, but not enclosed
by walls. The surface(s) and or soffit of a freestanding canopy may be illuminated by means of internal
or external sources of light.
CANOPY SIGN — A sign affixed to the visible surface(s) of an attached or freestanding canopy. For
reference, see Article VII.
CAR WASH — A facility, whether automatic, semiautomatic or manual, for washing vehicles.
CELLAR — The space enclosed by the foundation or ground-floor walls of a building, which is at least
50% below the average level of the adjacent ground and/or which has a floor-to-ceiling height of less
than seven feet.
CEMETERY — Property used for interring of the dead, including mausoleums and columbaria, but not
including crematoriums or family plots.
CHANGEABLE SIGN — A sign with the capability of content change by means of manual or remote input,
including signs which are:
A.
Electrically activated. Changeable sign whose message copy or content can be changed by means
of remote electrically energized on-off switching combinations of alphabetic or pictographic
components arranged on a display surface. Illumination may be integral to the components, such
as characterized by lamps or other light-emitting devices; or it may be from an external light
source designed to reflect off the changeable component display. See also "electronic message
sign or center."
B.
Manually activated. Changeable sign whose message copy or content can be changed manually.
CHURCH — A building, other than a dwelling, used by a nonprofit group or organization, which is
created and exists for the sole purpose of regularly conducting worship services without pecuniary
benefit to any officer, member or shareholder, except as reasonable compensation for actual services
rendered to the organization, and which may also include, as accessory uses, religious education, social
and recreational activities and administrative offices.
CLINIC — See "medical clinic."
CLUB, PRIVATE — A building or portion thereof or premises owned or operated by a corporation,
association, person or persons for a social, fraternal, educational or recreational purpose, but not
primarily for profit or to render a service which is customarily carried on as a business, the use of which
is limited to members and their guests.
COLLECTIVE FREE-STANDING SIGN — A freestanding sign identifying a multiple—occupancy
development, such as a shopping center or planned industrial park, which is controlled by a single owner
or landlord, approved in accordance with Article VII.
COLLECTOR ROAD — A public road which, in addition to giving access to abutting lots, intercepts local
streets and provides a route for carrying considerable volumes of local traffic to community facilities and
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arterial roads. Collector roads, for purposes of administering this Chapter, in the Township are Penn
Woods Drive (State Route 4027), Blank Road (State Route 4024), Paintertown Road (State Route 4029),
Baker School Road (State Route 4031), Raymaley Road (State Route 4043), Ridge Road (State Route
4007), Boxcartown Road (State Route 4047), Long Drive, Seanor Drive, Waugaman Drive, Hyland Road
(State Route 4045), Meadowbrook Road, Campbell Road, Sarver Road, School Road South, Watt Road,
Main Street, Dutch Hollow Road (State Route 4022).
COLLEGE — An accredited public or private institution of higher learning which offers post-secondary
instruction and which offers associate, bachelor or higher degrees in the several branches of learning
required by the Commonwealth of Pennsylvania.
COMBINATION SIGN — A sign that is supported partly by a pole and partly by a building structure.
COMMERCIAL RECREATION — See "recreation, commercial."
COMMERCIAL SCHOOL — A privately operated, for-profit establishment providing technical or skilled
training, vocational or trade educational courses and programs.
COMMISSIONERS, BOARD OF — The Board of Township Commissioners of Penn Township,
Westmoreland County.
COMMUNICATIONS FACILITIES — Any structure operated by a public utility or other entity regulated by
the Public Utilities Commission (PUC) or the Federal Communications Commission (FCC) or operated by
any agency, franchisee or authority of the Commonwealth of Pennsylvania, Westmoreland County, or
Penn Township or by any police, fire, emergency medical or emergency management agency designed
for transmitting or receiving radio, television or telephone communications.
COMMUNITY CENTER — A facility operated by a government agency, a nonprofit organization or a
homeowners' association which provides civic, educational, recreational or social services and programs
for the residents of the Township.
CONDITIONAL USE — A use permitted in a particular zoning district pursuant to the provisions in Article
VI of the Pennsylvania Municipalities Planning Code and pursuant to express standards and criteria set
forth in this Chapter.
CONDOMINIUM — Real estate, portions of which are designated for separate ownership and the
remainder of which is designated for common ownership solely by the owners of those portions. Real
estate is not a condominium unless the undivided interests in the portions of real estate designated for
common ownership are vested in the unit owners. [Added 6-11-2002 by Ord. No. 753]
CONICAL SURFACE — A surface extending outward and upward from the periphery of the horizontal
surface at a slope of 20 to 1 for a horizontal distance of 4,000 feet.
CONSTRUCTION TRAILER — A temporary structure used to provide temporary offices for land sales or
construction supervision on the site of an approved subdivision or land development only during that
time that valid grading or building permits are in effect.
CONTRACTOR'S YARD — A lot or parcel used for the permanent storage of construction equipment and
supplies, not including the sale of supplies or the repair or sale of heavy equipment.
CONVENIENCE COMMERCIAL — A retail store selling groceries, household goods and pre-packaged and
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prepared food-related products, for off-site consumption, and which may or may not include the
dispensing and sale of gasoline.
CONVERSION APARTMENT — A dwelling unit created within an existing single-family dwelling in
accordance with all applicable requirements of this Chapter.
COPY — Those letters, numerals, figures, symbols, logos and graphic elements comprising the content or
message of a sign, excluding numerals identifying a street address only.
CORNER LOT — A lot bounded on at least two sides by streets and which shall provide two front yards
along the street frontages and two side yards but which shall not be required to have a rear yard.
DAY-CARE CENTER — A facility, licensed by the commonwealth, located within a building which is not
used as a dwelling unit, for the care during part of a twenty-four-hour day of children under the age of
16 or handicapped or elderly persons.
DAY-CARE HOME — A facility, licensed by the commonwealth, located within a dwelling, for the care on
a regular basis during part of a twenty-four-hour day of not more than six children under 16 years of
age, excluding care provided to children who are relatives of the provider, or not more than six elderly
or handicapped persons of any age who are not in need of specialized nursing care. Such use shall be
secondary to the use of the dwelling for living purposes, and persons who do not reside in the dwelling
shall not be employed therein.
dBA – A unit of weighted sound level; the weighted sound-pressure level by the use of the A-metering
characteristic and weighting specified in ANSI Specifications for Sound Level Meters.
DEVELOPMENT MODEL — A prototype for development containing parameters governing character and
design, site layout, lot types, mix of lot types, and roads and streets.
DIRECTIONAL SIGN — Any sign that is designed and erected for the purpose of providing direction
and/or orientation for pedestrian or vehicular traffic.
DISTRICT, ZONING — An administrative tract designating the use to which land can legally be utilized.
Boundaries of the districts are shown on the Zoning District Map which is part of this Chapter. 4
DOUBLE-FACED SIGN — A sign with two faces, back to back.
DRINKING ESTABLISHMENT — A business which sells alcoholic beverages for consumption on the
premises as the principal use and offers food for consumption on the premises as an accessory use.
DRIVE-IN (DRIVE THROUGH) FACILITIES — Any retail commercial use, catering primarily to vehicular
trade, where services are provided to occupied vehicles, such as drive-in restaurants, drive-in theaters,
drive-in banks, car washes, drive-in windows or automated teller machines (ATM's) as accessory uses,
and similar uses.
DWELLING — Any building or portion thereof which is designed for or used for permanent residential
occupancy, including single-family dwellings, two-family dwellings and multifamily dwellings but not
including hotels or boardinghouses, as defined by this Chapter.
4.
Editor's Note: Said map is on file in the Township offices.
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DWELLING UNIT — One or more rooms which are used as living quarters for one family and which
contain separate sleeping, cooking and sanitary facilities.
DWELLING, MULTIFAMILY — A building containing three or more dwelling units, including conversion
apartments, garden apartments and townhouses.
DWELLING, SINGLE-FAMILY DETACHED — A building designed for or occupied exclusively by one family.
Manufactured, modular or mobile homes which are anchored and securely tied into a permanent,
enclosed foundation and which are connected to available public utilities or permitted well and on-site
sewage disposal systems shall be regarded as a single-family detached dwelling.
DWELLING, TWO-FAMILY — A building or structure containing two independent dwelling units, each
having a separate entrance, and which is the only principal building on the lot, including duplexes and
double houses.
ELECTRIC SIGN — Any sign activated or illuminated by means of electrical energy.
ELECTRONIC MESSAGE SIGN or CENTER — A sign capable of displaying words, symbols, images or video
that can be electronically or mechanically changed by remote or automatic means.
EMPLOYEE — Any and all persons, including independent contractors, who work in or at or render any
service directly related to the operation of a sexually oriented establishment.
ENTERTAINER — A person who provides entertainment within a sexually oriented establishment,
whether or not a fee is charged or accepted for entertainment and whether or not entertainment is
provided as an employee or an independent contractor.
ESCORT — A person who, for consideration, agrees or offers to act as a companion, guide or date for
another person or who agrees or offers to privately model lingerie or to privately perform a striptease
for another person.
ESCORT AGENCY — A person or business association who or which furnishes, offers to furnish or
advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration.
ESSENTIAL SERVICES — The erection, construction, alteration or maintenance, by public utilities or
municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water
transmission or distribution systems or collection, communication, supply or disposal systems, including
poles, wires, mains, drains, sewers, pipes, conduit cables, fire alarm boxes, police call boxes, traffic
signals, hydrants and other similar equipment and accessories in connection therewith which are
reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other
governmental agencies or for the public health or safety or general welfare, but not including buildings.
EXTERIOR SIGN — Any sign placed outside a building.
FAA — The Federal Aviation Administration of the United States Department of Transportation.
FADE — A mode of message transition on an electronic message center or changeable sign
accomplished by varying light intensity, where the first message gradually reduced intensity to the point
of not being legible and the subsequent message gradually increases intensity to the point of legibility.
FALL ZONE — The potential fall area for the small wind energy system. It is measure by using 110% of
the total height as the radius around the center point of the base of the tower.
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FAMILY — One or more persons related by blood, marriage, adoption or foster care, or a group of not
more than five unrelated individuals living together and maintaining a common household.
FARM MARKET — A retail establishment operated by the owner of an active farm, located within the
Township for the sale of products raised or produced on that farm and which may include, as an
accessory use, the sale of related products produced elsewhere.
FARM MARKET/ON-FARM MARKET/ROADSIDE STAND – The sale of agricultural products or value-added
agricultural products, directly to the consumer from a site on a working farm or any agricultural,
horticultural or agribusiness operation or agricultural land.
FASCIA SIGN — See "wall or fascia sign."
FIRE STATION — A public or private, nonprofit establishment which houses fire-fighting equipment to
serve the Township and which may or may not include a social hall, meeting rooms, kitchen facilities and
other support facilities approved by the fire fighters which do not conflict with Township zoning
regulations.
FLASHING SIGN — See "animated sign, electrically activated."
FLICKER — The moving shadow created by the sun shining on the rotating blades of the wind turbine.
FLOOR AREA, GROSS — The sum of the gross horizontal area of the several floors of a building,
measured between the exterior faces of walls.
FLOOR AREA, HABITABLE — The total floor area of a dwelling devoted to living purposes, excluding
storage spaces, garage and basement recreation areas.
FLOOR AREA, NET LEASABLE — See "net leasable floor area."
FOOD PROCESSING — The preparation of food products for retail sale on the premises.
FREESTANDING SIGN — A sign principally supported by a structure affixed to the ground and not
supported by a building, including signs supported by one or more columns, poles or braces placed in or
upon the ground.
FRONT YARD — See "yard, front."
FRONTAGE — All the property on one side of a street between two intersecting streets (crossing or
terminating), measured along the line of the street, or if the street is dead-ended, then all the property
abutting on one side between an intersecting street and the dead end of the street.
FRONTAGE (BUILDING) — The length of an exterior building wall or structure of a single premises with
the primary entrance orientated to the public right-of-way or other properties that it faces.
FUNERAL HOME — A building used for the embalming of deceased human beings for burial, but not
including cremation, and/or for the display of the deceased and ceremonies connected therewith before
burial or cremation.
GARAGE, PRIVATE — An accessory building designed or used for the storage of motor-driven vehicles
and personal property owned and used by the occupants of the building to which it is accessory. Not
more than one of the vehicles may be a commercial vehicle or of more than two tons' capacity.
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GARAGE, PUBLIC — A building or portion thereof which is available to the general public, designed or
used for the storage or rental of motor vehicles, but which is not used for the repair or maintenance of
motor vehicles.
GARDEN APARTMENT — A multifamily residential building no more than three stories in height,
containing three or more dwelling units which share a common entrance to the outside, usually through
a common corridor, and which dwelling units may have other dwelling units either above or below
them.
GOLF COURSE — An area devoted to playing miniature, par-three or regulation golf, improved with tees,
greens, fairways and hazards and which may include a clubhouse and shelters.
GOVERNMENT USE OR STRUCTURE — Any use or structure operated by an agency of the Township,
county, Commonwealth or federal government for a public purpose.
GREEN AREA — See "open space."
GREENHOUSE or NURSERY — A glass-enclosed building or area of land devoted to the cultivation and
sale of plant materials and the products which aid their growth and care.
GROUP HOME — A dwelling where room and board is provided to not more than six permanent
residents (excluding those adjudicated by the Juvenile Court system), developmentally challenged or
physically handicapped persons of any age or elderly persons, 62 or more years of age, who are in need
of supervision and specialized services, plus no more than two supervisory staff on any shift who may or
may not reside in the dwelling and who provide health, social and/or rehabilitative services to the
residents. The services shall be provided only by a governmental agency, its licensed or certified agents
or any other responsible nonprofit social services corporation, and the facility shall meet all minimum
requirements of the sponsoring agency.
A. Personal Care Facility:
B. Intermediate Care Facility:
C. Assisted Living Facility:
D. Day Care Home:
E. Group Home:
HABITABLE FLOOR AREA — See "floor area, habitable."
HAMLET — A development which incorporates residential, small-scale commercial and personal service
or institutional uses in single or mixed-use structures, in a compact site design with pedestrian
circulation, open space and recreation opportunities.
HAZARD TO AIR NAVIGATION — Any object, natural or man-made, or use of land which obstructs the
airspace required for flight or aircraft in landing or taking off at an airport or is otherwise hazardous as
defined by "airport hazard" in 74 Pa. C.S.A. § 5102.
HEALTH CLUB — A commercial recreational enterprise or private club which has, as a principal use, a
gymnasium, swimming pool or other sports facility and which may offer massages, whirlpool baths,
steam rooms, saunas and/or medical facilities as accessory uses to the principal use.
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HEAVY EQUIPMENT REPAIR AND SALES — The sale, repair, rebuilding or reconditioning of motor
vehicles in excess of 26,000 pounds gross vehicle weight (GVW) and/or other heavy equipment, whether
or not the equipment is classified as a motor vehicle.
HEIGHT — For the purpose of determining the height limits in all zones set forth in this article and
shown on the Zoning Map, the datum shall mean sea level elevation unless otherwise specified.
HIGHWAY — A highway within this commonwealth designated by the Secretary of Transportation, a
highway designated as a public road duly adopted by the Commissioners of Penn Township or a private
road within the corporate limits of Penn Township. [Added 7-21-1998 by Ord. No. 707]
HOBBY FARM — A lot, with a minimum area of at least three acres but less than ten acres, where
agricultural activities are conducted by the residents thereof but where such activities are not the
principal source of employment or income.
HOME BASED BUSINESS — a business or commercial activity administered or conducted as an accessory
use which is clearly secondary to the use as a residential dwelling and which involves no customer, client
or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the
premises, in excess of those normally associated with residential use. The business or commercial
activity must satisfy the following requirements: (1) The business activity shall be compatible with the
residential use of the property and surrounding residential uses. (2) The business shall employ no
employees other than family members residing in the dwelling. (3) There shall be no display or sale of
retail goods and no stockpiling or inventory of a substantial nature. (4) There shall be no outside
appearance of a business use, including, but not limited to, parking, signs or lights. (5) The business
activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or
electrical or electronic interference, including interference with radio or television reception, which is
detectable in the neighborhood. (6) The business activity may not generate any solid waste or sewage
discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
(7) The business activity shall be conducted only within the dwelling and may not occupy more than 25%
of the habitable floor area. (8) The business may not involve any illegal activity.
HOME GARDENING — The raising of flowers, fruits and vegetables for personal use and enjoyment on a
residential lot, not involving any sale or other profit-making activity.
HOME OCCUPATION — A use of a portion of a dwelling, conducted only by the family members residing
in the dwelling, which is clearly secondary to the use of the dwelling for living purposes and does not, in
any way, change the residential character of the dwelling.5
HORIZONTAL SURFACE — A horizontal plane 150 feet above the established airport elevation, the
perimeter of which, in plan, coincides with the perimeter of the Horizontal Zone.
HOSPITAL — An establishment which has an organized medical staff and which provides equipment and
services primarily for inpatient care to persons who require definitive diagnosis or treatment or both for
an injury, illness, pregnancy or other disability, but not including a narcotics addiction or for those found
to be criminally insane.
5.
Editor's Note: The former definition of “home office,” which definition immediately followed this definition, was repealed 1-29-2003 by
Ord. No. 767. See now the definition of “no-impact home-based business.”
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HOTEL — A building in which lodging or boarding is provided and offered to the public for compensation
and in which ingress and egress to and from all rooms is made through an inside lobby or office
supervised by a person in charge at all hours, not including a boardinghouse, a tourist home or an
apartment, which are herein separately defined.
ILLUMINATED SIGN — A sign characterized by the use of artificial light, either projecting through its
surface(s) (internally illuminated); or reflecting off its surface(s) (externally illuminated).
INSPECTOR — An employee of Penn Township authorized and designated by the Board of
Commissioners of Penn Township, an employee of the Penn Township Police Department authorized by
the commanding officer of the Police Department or other persons designated by Penn Township to
inspect premises regulated under this article, to cooperate in taking required actions authorized by this
article where violations are found on the premises and to request correction of the unsatisfactory
conditions found on a premises and not permitted under this article.
INTERIOR SIGN — Any sign placed within a building, but not including "window signs" as defined by this
article. Interior signs, with the exception of window signs as defined, are not regulated by this Chapter.
JUNK — Scrap, copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste, iron, steel and
other old or scrap ferrous or other nonferrous materials, including wrecked, scrapped, ruined,
dismantled or junked motor vehicles or parts thereof, including motors, bodies of motor vehicles and
vehicles which are inoperable and do not have a current and valid inspection sticker as required by the
Motor Vehicle Code of the Commonwealth of Pennsylvania, but not including garbage or other organic
waste or farm machinery, provided that said farm machinery is used in connection with a bona fide
farming operation. [Added 7-21-1998 by Ord. No. 707]
JUNK YARD — Any outdoor establishment or place of business which is maintained, used or operated for
storing, keeping, buying or selling junk, and the term shall include garbage dumps, sanitary landfills,
recycling facilities, resource-recovery facilities, transfer stations and scrap metal reprocessing facilities
and automotive dismantlers and reprocessors. [Added 7-21-1998 by Ord. No. 707]
KENNEL — An establishment, including any dwelling, where five or more dogs and/or seven or more cats
or any combination of cats and dogs totaling six animals who are six months old or older are kept, bred,
trained or boarded at any one time, whether for profit or not.
LARGER THAN UTILITY RUNWAY — A runway that is constructed for and intended to be used by
propeller-driven aircraft of greater than 12,500 pounds maximum gross weight and jet-powered aircraft.
LIBRARY — A public or private establishment which provides the circulation of books and magazines and
which may provide audio and video tapes and similar written, audio and visual materials, either as
reference materials or for circulation to the general public, without a fee.
LOADING SPACE — A space within the principal building or on the same lot therewith, providing for the
standing, loading or unloading of trucks.
LOT — A portion of a subdivision or other parcel of land intended as a unit of transfer of ownership or
for development which has frontage on a public or private street. [Amended 11-12-2002 by Ord. No.
760]
LOT AREA — See "lot, minimum area of."
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LOT COVERAGE — Lot coverage shall be the ratio of enclosed ground floor area of the principal and
accessory buildings to the horizontally projected total area of the lot, expressed as a percentage.
LOT LINE, FRONT — That line which bounds the lot contiguously with the street right-of-way line.
LOT LINE, REAR — That line which is generally opposite to the front lot line.
LOT LINE, SIDE — Any lot line which is not a front lot line nor a rear lot line.
LOT OF RECORD — Any lot which individually or as a part of a subdivision has been recorded in the office
of the Recorder of Deeds of Westmoreland County prior to July 20, 1964, and all subsequent lots given
final approval by the Township Board of Commissioners and duly recorded.
LOT WIDTH — The mean horizontal distance across the lot between the side lot lines, measured along
the building line at right angles to the depth. At least 60% of the required width must be located on a
public right-of-way boundary. On corner lots, lot width shall be measured between one side lot line and
the street right-of-way line which is opposite to that side lot line.
LOT, MINIMUM AREA OF — The area of a lot exclusive of any portion of a right-of-way of any public or
private street. [Amended 11-12-2002 by Ord. No. 760]
MANSARD — An inclined decorative roof-like projection that is attached to an exterior building facade.
MANUFACTURING, HEAVY — Any process, other than light manufacturing, involving the mechanical or
chemical transformation of materials or substances into new products, including the assembling of
component parts and the blending of raw materials.
MANUFACTURING, LIGHT — The processing and fabrication of certain materials and products where no
process involved will produce noise, vibrations, air pollution, fire hazard or noxious emission which will
exceed established performance standards. Light manufacturing includes, but is not limited to the
production of the following goods: home appliances, electrical instruments, office machines, precision
instruments, electronic devices, timepieces, jewelry, optical goods, musical instruments, novelties, wood
products, printed materials, lithographic plates, type composition, machine tools, dies and gauges,
ceramics, apparel, lightweight nonferrous metal castings, film processing, light sheet-metal products,
plastic goods, pharmaceutical goods and food products, but not including animal slaughtering, curing
nor rendering of fats.
MARQUEE SIGN — See "canopy sign."
MEDIATION — A voluntary negotiating process in which parties to a dispute mutually select a neutral
mediator to assist them in jointly exploring and settling their differences, culminating in a written
agreement which the parties themselves create and consider acceptable.
MEDICAL CLINIC — An establishment where patients who are not lodged overnight are admitted for
examination and treatment on an outpatient basis by a group of physicians, dentists, psychologists,
medical personnel or social workers.
MENU BOARD — A freestanding sign oriented to the drive-through lane for a restaurant that advertises
the menu items available from the drive-through window, and which has no more than 20% of the total
area for such a sign utilized for business identification.
METEOROLOGICAL TOWER (MET TOWER) — Includes the tower, base plate, anchors, guy wires and
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hardware, anemometers (wind speed indicators), wind direction vanes, booms to hold equipment for
anemometers and vanes, data loggers, instrument wiring, and any telemetry devices that are used to
monitor or transmit wind speed and wind flow characteristics over a period of time for either
instantaneous wind information or to characterize the wind resource at a given location.
MINE VENTILATING SHAFT — An accessory structure to deep mining operations necessary to the proper
ventilation of the underground mineral removal areas.
MINERALS — Any aggregate or mass of mineral matter, whether or not coherent. The term includes, but
is not limited to, limestone and dolomite, sand and gravel, rock and stone, earth, fill, slag, iron ore, zinc
ore, vermiculite and clay, anthracite and bituminous coal, coal refuse, peat and crude oil and natural
gas.
MINI WAREHOUSE or SELF-STORAGE BUILDING — A building or group of buildings in a controlled-access
and fenced compound that contains various sizes of individualized, compartmentalized and controlled
access stalls and/or lockers leased by the general public for a specified period of time for the storage of
personal property.
MIXED USE STRUCTURE —The occupancy within the same building of two differing uses, one on the
grade or first floor of commercial or service use, and the second of office or residential use on floors
above.
MOBILE HOME — A transportable, single family dwelling intended for permanent occupancy, contained
in one unit, or in two or more units designed to be joined into one integral unit capable of again being
separated for repeated towing, which arrives at a site complete and ready for occupancy except for
minor and incidental unpacking and assembly operations, and constructed so that it may be used
without a permanent foundation in accordance with the requirements of the American National
Installation of Mobile Homes Requirements (NFPA No. 501-AI 974, ANSI AI 19.3-1975), as amended, and
which is connected to all available utilities shall be regarded as a single-family detached dwelling.
MOBILE HOME LOT — A parcel of land in a mobile home park, improved with the necessary utility
connections and other appurtenances necessary for the erection thereon of a single mobile home.
MOBILE HOME PARK — A parcel or contiguous parcels of land which has been so designated and
improved that it contains two or more mobile home lots for the placement thereon of mobile homes.
MONUMENT SIGN — A free-standing sign supported primarily by an internal structural framework or
integrated into landscaping or other solid structural features other than support poles.
MOTEL — An establishment, other than a hotel, which provides transient lodging accommodations to
the general public and which may provide such additional supporting services as restaurants, meeting
rooms, recreation facilities and living quarters for a resident, manager or proprietor.
MOTOR VEHICLE REPAIR GARAGE — Any establishment for the repair, rebuilding or reconditioning of
motor vehicles, excluding those in excess of 26,000 pounds gross vehicle weight (GVW) or parts thereof,
including engine overhaul, collision service, painting, steam-cleaning of vehicles and recapping or
retreading of tires.
MULTIPLE-FACED SIGN — A sign containing three or more faces.
MUNICIPAL RECREATION — Parks, playgrounds and other recreational facilities available to the general
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public (not including open spaces as defined herein), owned and operated by the Township, county or
other municipality.
MUNICIPAL USES — Land and buildings owned by Penn Township or the Penn Township Sewage
Authority devoted to maintenance, services, storage of equipment and materials or other governmental
uses, including but not limited to municipal buildings; municipal library, municipal parks owned,
operated and maintained by Penn Township; municipal stormwater detention and/or retention facilities
to be owned and maintained by Penn Township; and municipal sewage treatment plants, pump stations
and their attendant facilities to be owned, operated and maintained by the Penn Township Sewage
Authority. [Added 7-21-1998 by Ord. No. 707]
MUNICIPALITY — Penn Township.
NATURAL GAS COMPRESSOR STATION — A facility designed and constructed to compress natural gas
that originates from an oil and gas well or collection of such wells operating as a midstream facility for
delivery of oil and gas to a transmission pipeline, distribution pipeline, natural gas processing plant or
underground storage field, including one or more natural gas compressors, associated buildings, pipes,
valves, tanks and other equipment.
NATURAL GAS PROCESSING PLANT — A facility designed and constructed to remove materials such as
ethane, propane, butane, and other constituents or similar substances from natural gas to allow the
natural gas to be of such quality as is require or appropriate for transmission or distribution to
commercial markets, but not including facilities or equipment that are/is designed and constructed
primarily to remove water, water vapor, oil or naturally occurring liquids from natural gas.
NEIGHBORHOOD RETAIL BUSINESS — Business establishments located entirely within an enclosed
building, containing one or more of the permitted uses listed in this Chapter, which have a total floor
area of 10,000 square feet or less and which are designed to serve the needs of the surrounding
residential neighborhoods.
NET LEASABLE FLOOR AREA — The total floor area of a building designed for tenant occupancy,
excluding halls, corridors, stairwells, elevator shafts, equipment rooms, interior vehicular parking and
loading areas and other areas used in common by tenants of the building, expressed in square feet and
measured from the center line of joint partitions and exteriors of outside walls.
NET METERING — The difference between the electricity supplied over the electric distribution system
and the electricity generated by the small wind energy system which is fed back into the electric
distribution system over a billing period.
NO-IMPACT HOME-BASED BUSINESS — A business or commercial activity administered or conducted as
an accessory use which is clearly secondary to the use as a residential dwelling and which involves no
customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal
functions to or from the premises, in excess of those normally associated with residential use. The
business or commercial activity must satisfy the following requirements:
A.
The business activity shall be compatible with the residential use of the property and surrounding
residential uses.
B.
The business shall employ no employees other than family members residing in the dwelling.
C.
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial
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nature.
D.
There shall be no outside appearance of a business use, including, but not limited to, parking,
signs or lights.
E.
No on-site parking of commercially identified vehicles shall be permitted.
F.
The business activity may not use any equipment or process which creates noise, vibration, glare,
fumes, odors. or electrical or electronic interference, including interference with radio or
television reception, which is detectable in the neighborhood.
G.
The business activity may not generate any solid waste or sewage discharge, in volume or type,
which is not normally associated with residential use in the neighborhood.
H.
The business activity shall be conducted only within the dwelling and may not occupy more than
25% of the habitable floor area.
I.
The business may not involve any illegal activity.
NON-AGRICULTURALLY RELATED PRODUCTS — Those items not connected to farming or the farm
operation, such as novelty t-shirts or other clothing, crafts and knick-knacks imported from other states
or countries, etc.
NON-AGRICULTURALLY RELATED USES — Activities that are part of an agritourism operation’s total
offerings but not tied to farming or the farm’s buildings, equipment, fields, etc. Such non-agriculturally
related uses include amusement rides, concerts, etc., and are subject to special use permit.
NONCOMMERCIAL SIGN — Either a political sign or an ideological sign.
NONCONFORMING LOT — Any lot which does not comply with the applicable area and bulk provisions
of this Chapter or an amendment hereafter enacted and which lawfully existed prior to the enactment
of this Chapter or any subsequent amendment.
NONCONFORMING STRUCTURE — Any lawful structure or building existing at the effective date of
adoption or amendment of this Chapter and which does not conform to the area and bulk regulations of
the district in which it is situated.
NONCONFORMING USE — A use, whether of land or of structure, which does not comply with the
applicable use provisions in this Chapter or an amendment heretofore or hereafter enacted, where such
use was lawfully in existence prior to the enactment of such Chapter or amendment or prior to the
application of such Chapter or amendment to its location by reason of annexation.
NONPRECISION INSTRUMENT RUNWAY — A runway having an existing instrument approach procedure
utilizing air navigation facilities with only horizontal guidance or area-type navigation equipment and for
which a straight-in nonprecision instrument approach procedure has been approved or planned.
NUDE MODEL STUDIO — Any place where a person who appears in a state of nudity or displays
specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured,
photographed or similarly depicted by other persons who pay money or any form of consideration.
NUDITY or STATE OF NUDITY — The appearance of a human bare buttock, human anus, human male
genitals, human female genitals or human female breast.
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NURSING FACILITY — A facility, licensed to operate as such by the Commonwealth of Pennsylvania,
including county-operated facilities, for the purpose of providing skilled or intermediate nursing care or
both levels of care to two or more patients who are unrelated to the nursing facility administrator for a
period exceeding 24 hours.
OFFICE EQUIPMENT SALES AND SERVICE — Retail sales to the general public and repair/servicing of
word processors, photocopy machines, computers, printers, calculators and similar office equipment,
but not including heavy equipment or machinery that cannot be carried in by hand.
OFF-PREMISES SIGN — See "outdoor advertising sign."
OVERLAY ZONE — Zoning districts that extend on top of one or more underlying base zoning districts
and are intended to protect certain critical features and resources or to achieve a narrow planning
objective.
OIL AND GAS — Crude oil, natural gas, methane gas, coal bed methane gas, propane, butane and/or any
other constituents or similar substances that are produced by drilling a well of any depth into, through,
and below the surface of the earth.
OIL AND GAS OPERATIONS — The term includes the following:
A. Well location assessment, including seismic operations, well site preparation, construction
drilling, hydraulic fracturing and site restoration associated with an oil or gas well of any depth;
B. Water and other fluid storage or impoundment areas used exclusively for oil and gas operations;
C. Construction, installation, use, maintenance and repair of:
1. Oil and gas pipelines;
2. Natural gas compressor stations; and
3. Natural gas processing plants or facilities performing equivalent functions; and
D. Construction, installation, use, maintenance and repair of all equipment directly associated with
activities associated with activates specified in Paragraphs A, B, and C, to the extent that:
4. The equipment is necessarily located at or immediately adjacent to a well site,
impoundment area, oil and gas pipeline, natural gas compressor stations or natural gas
processing plan; and
5. The activities are authorized and permitted under the authority of a Federal or
Commonwealth agency.
ON-PREMISES SIGN — A sign erected, maintained or used in the outdoor environment for the purpose
of the display of messages appurtenant to the use of, products sold on, or the sale or lease of, the
property on which it is displayed.
OPEN SPACE — A lot or parcel or portion thereof or body of water or combination thereof within a
development site, which is dedicated or reserved for the use of the general public or the owners or
tenants of the development.
OPERATOR — A person, partnership or corporation operating, conducting or maintaining an adult
oriented establishment, or any commercial or service enterprise doing business in Penn Township.
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OUTDOOR ADVERTISING SIGN — A permanent sign erected, maintained or used in the outdoor
environment for the purpose of the display of commercial or noncommercial messages not appurtenant
to the use of, products sold on, or the sale or lease of, the property on which it is displayed.
PARAPET — The extension of a building facade above the line of the structural roof.
PARKING AREA — An off-street area including two or more parking spaces, aisles and driveways, either
within a structure or in the open, which is accessory to the principal use of the lot. [Amended 2-27-2002
by Ord. No. 748]
PERMITTEE and/or LICENSEE — A person in whose name a permit and/or license to operate a sexually
oriented business has been issued, as well as the individual listed as an applicant on the application for a
permit and/or license.
PERSON — An individual, proprietorship, firm, partnership, corporation, company, association, jointstock association or governmental entity, including a trustee, a receiver, an assignee or a similar
representative of any of the above.
PERSONAL SERVICES SHOP — Any enterprise conducted for gain which primarily offers services to the
general public, such as shoe repair, tailoring, clothes cleaning, valet service, watch repairing,
barbershop, beauty parlors and activities related to individuals, their apparel and their personal effects.
PERSONAL-CARE BOARDING HOME — A facility licensed by the commonwealth, located within a
dwelling, where room and board are provided to more than three permanent residents 62 or more
years of age or any handicapped person 18 or more years of age who are not relatives of the operator
and who are mobile or semimobile and require specialized services in such matters as bathing, dressing,
diet and medication prescribed for self-administration for a period exceeding 24 consecutive hours, but
who are not in need of hospitalization or skilled or intermediate nursing care, and a maximum of four
staff members qualified by the sponsoring agency.
PHOTOVOLTAIC SYSTEM — An active solar energy system that converts solar energy directly into
electricity.
PLANNED INDUSTRIAL PARK — An industrial development which may include support uses which is
under single ownership and control at the time of an application for development and which is planned
and developed as a single unit wherein several buildings or lots utilize a common means of access and
may share other common facilities, such as parking and signs.
PLANNED MIXED-USE COMMERCE PARK — An area of land, ten (10) acres minimum in size, planned,
developed, operated and maintained as a single entity, and containing two (2) or more structures
designed to accommodate office, service, retail or commercial uses, or a combination of such uses and
appurtenant common exterior open space areas and accessory uses incidental to the permitted principal
uses.
PLANNING COMMISSION — The Planning Commission of Penn Township, Westmoreland County.
POLE SIGN — See "freestanding sign."
POLITICAL SIGN — Any sign which advocates a candidate for public office, or which supports a particular
political party, or a position on an issue to be determined by an election. Political signs are not to be
classified as temporary or permanent. A legally permitted outdoor advertising sign shall not be
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considered to be a political sign.
PORTABLE SIGN — Any sign not permanently attached to the ground, affixed to a mounting structure or
to a building or building surface.
PRECISION INSTRUMENT RUNWAY — A runway having an existing instrument approach procedure
utilizing an instrument landing system (ILS) or a precision approach radar (PAR). It also means a runway
for which a precision approach system is planned and is so indicated on an approved airport layout plan
or any other planning document.
PRESCHOOL FACILITY — An establishment which offers private educational services to children who are
under the minimum age for education in public schools.
PRIMARY SURFACE — A surface longitudinally centered on a runway. When the runway has a specially
prepared hard surface, the primary surface extends 200 feet beyond each end of that runway for
military runways or, when the runway has no specially prepared hard surface or planned hard surface,
the primary surface is set forth in the airport overlay district provisions. The elevation of any point on
the primary surface is the same as the elevation of the nearest point on the runway center line.
PRIVATE — Owned, operated or controlled by any person, partnership, corporation, association or
entity other than a federal, Commonwealth, county or local government agency.
PRIVATE AIRPORT — An airport which is privately owned and which is not open or intended to be open
to the public, as defined in 74 Pa. C.S.A. § 5102.
PRIVATE STABLE — A lot, with a minimum area of three acres, where horses and/or ponies are kept for
the personal use of the residents of the lot, not including any profit-making activities.
PROFESSIONAL OFFICES — Any offices of recognized professions, such as doctors, lawyers, architects,
engineers, real estate brokers, insurance agents and others who, through training, are qualified to
perform services of a professional nature.
PROJECTING SIGN — A sign other than a wall sign that is attached to or projects more than 18 inches
(457 mm) from a building face or wall or from a structure whose primary purpose is other than the
support of a sign. For visual reference, see Figure 1003.
PROTECTED STRUCTURE — Any occupied structure measured horizontally within 600 feet or, in the case
of a natural gas processing facility, within 1,200 feet, or the nearest structure of the oil and gas drilling
rig or impoundment area. The term shall not include any structure whose owner has signed a waiver
relieving the operator from implementation of the measures established herein or other applicable
provisions of any current Penn Township ordinance.
PUBLIC — Owned, operated or controlled by a government agency, federal, Commonwealth, county or
local.
PUBLIC AIRPORT — An airport which is either publicly or privately owned and which is open to the
public, as defined in 74 Pa. C.S.A. § 5102.
PUBLIC HEARING — A formal meeting held pursuant to public notice by the Board of Commissioners or
the Planning Commission and Zoning Hearing Board to inform and obtain public comment prior to taking
action in accordance with this Chapter.
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PUBLIC MAINTENANCE AND STORAGE FACILITIES — Public land and buildings devoted solely to the
maintenance and storage of equipment and materials.
PUBLIC MEETING — A forum held pursuant to notice under 65 PA C.S., Ch. 7, the Act of July 3, 1986, P.L.
388, No. 84, known as the "Sunshine Act." 6
PUBLIC NOTICE — Notice published once each week for two successive weeks in a newspaper of general
circulation in the Township. Such notice shall state the time and place of the hearing and the particular
nature of the matter to be considered at the hearing. The first publication shall not be more than 30
days and the second publication shall not be less than seven days from the date of the hearing.
PUBLIC PARKS AND PLAYGROUNDS — An enterprise operated by a public entity, available to the general
public, whether or not an admission fee is charged, which provides outdoor facilities for the pursuit of
sports, recreation or leisure activities, including but not limited to play equipment, playing fields, golf
courses, golf or batting practice facilities, pavilions, ice rinks, tennis courts, swimming pools, street
hockey, basketball courts and similar facilities.
PUBLIC USES — Public parks, schools and administrative, cultural and service buildings, not including
public land or buildings devoted solely to the storage and maintenance of equipment and material. See
also "public maintenance and storage facilities."
PUBLIC UTILITY/UTILITIES — Any business activity regulated by a government agency in which the
business is required by law to register as a public utility. [Added 7-21-1998 by Ord. No. 707]
REAL ESTATE SIGN — A temporary sign advertising the sale, lease or rental of the property or premises
upon which it is located.
RECREATION, COMMERCIAL — An activity conducted for gain and which is generally related to the
entertainment field, such as motion-picture theaters, bowling alleys, roller-skating rinks, golf courses as
defined herein, commercial swimming pools and related uses.
RECREATIONAL FACILITIES, MEMBERSHIP — Country clubs, fitness clubs, golf courses and other private
recreation areas and facilities not available to the general public, including private community swimming
pools but excluding sportsmen's clubs, as defined by this Chapter.
RECREATIONAL VEHICLE — A single-axle or multiple-axle vehicle mounted on wheels or otherwise
capable of being made mobile, either with its own motive power or designed to be mounted on or
drawn by an automobile vehicle, for the purpose of travel, camping, vacation and recreational use,
including but not limited to travel trailers, mobile homes, motor homes, tent trailers, boats, boat
trailers, pickup campers, horse trailers, snowmobiles and all-terrain vehicles. A recreational vehicle as
defined herein must have a current and valid inspection and registration. [Amended 8-15-2007 by Ord.
No. 838]
RECREATIONAL VEHICLE CAMPGROUND — A seasonal recreational facility, operated for profit, which
offers spaces for rent for overnight occupancy by campers utilizing trailers or recreational vehicles and
which includes sanitary facilities and recreational facilities for the use of the campers.
6. Editor's Note: See 65 P.S. § 271 et seq.
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RESEARCH AND TESTING LABORATORY — Any establishment which, as a principal use, carries on
investigation in the natural, physical or social sciences, or engineering and development as an extension
of such investigation by persons with professional training, with the objective of creating end products
and which may include, as an accessory use, pilot manufacturing to test concepts and ideas prior to
undertaking full-scale production.
RESTAURANT — An establishment whose principal use is the sale of food and beverages for
consumption on the premises and/or takeout and/or delivery and which may or may not include the
sale of alcoholic beverages as an accessory use.
RETAIL — The sale of consumer goods to the general public, not including the manufacturing of any
products but including the assembling or processing of products offered for sale, only if the processing
or assembling is accessory to the principal use and customarily incidental and subordinate to the selling
activities.
A. General Retail: Establishments engaged in selling goods or merchandise to the general public
for personal or household consumption and rendering services incidental to the sale of such
goods.
B. Specialty Retail: Establishments engaged in selling distinctive goods or merchandise and may
have a unique architectural, historic or geographic theme.
RETIREMENT COMMUNITY — A development designed to meet the housing, social, recreational and
special care needs of persons 55 years or older and which may contain one or more of the following
features: housing designed for independent living, housing designed for assisted living, personal care
facilities, skilled nursing care facilities and supporting facilities and services, such as a dispensary,
doctor’s office, beauty/barber shop, common dining facilities, gift shop, branch bank or ATM
(automated teller machine), branch post office, common recreation and/or social facilities and similar
facilities designed to service the special needs of the elderly.
REVOLVING SIGN — A sign that revolves 360° (6.28 rad) about an axis. See also "animated sign,
mechanically activated."
ROOF LINE — The top edge of a peaked roof or, in the case of an extended facade or parapet, the
uppermost point of said facade or parapet.
ROOF SIGN — A sign mounted on, and supported by, the main roof portion of a building, or above the
uppermost edge of a parapet wall of a building and which is wholly or partially supported by such a
building. Signs mounted on mansard facades, pent eaves and architectural projections such as canopies
or marquees shall not be considered to be roof signs.
RUNWAY — A defined area on an airport prepared for landing and takeoff of aircraft along its length.
SANITARY LANDFILL — Any site licensed by the Pennsylvania Department of Environmental Protection
(DEP) for the disposal of municipal solid waste, other than hazardous waste, as defined and regulated by
federal statute.
SCHOOL, PUBLIC AND PRIVATE — An accredited institution of learning which offers elementary and
secondary-level instruction or which offers associate, bachelor or higher degrees in the several branches
of learning required by the Commonwealth of Pennsylvania. See also "commercial school" and
"preschool facility."
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SCREENING — A method of visually shielding or obscuring one abutting or nearby structure or use from
another by fencing, walls, berms or densely planted vegetation. (See §190-630 of this Ordinance and
Article V of the Penn Township Subdivision and Land Development Ordinance, Chapter 156)
SCROLLING — On an electronic message center, changeable or animated sign, a form of animation
whereby elements of copy are sequentially displayed so as to give the appearance of movement on or
across the sign, whether vertically or horizontally.
SEASONAL — A recurrent period characterized by certain occurrences, festivities, or crops; harvest,
when crops are ready; not all year round.
SEASONAL SIGN — A sign erected for a limited period of time during the year when retailing activities
for a particular farm product is available to the public.
SEMI-NUDE — A state of dress in which clothing covers no more than the genitals, pubic region, and
areola of the female breast, as well as portions of the body covered by supporting straps or devices.
SEMIPUBLIC USES — Land uses including but not limited to churches, Sunday schools, parochial schools,
colleges, hospitals and other institutions of an educational, religious, charitable or philanthropic nature.
SERVICE STATION — Any building, structure or land used for the dispensing, sale or offering for sale at
retail of any automobile fuels, oils or accessories, including lubrication of automobiles and replacement
or installation of minor parts and accessories, but not including major repair work, such as engine
overhaul, motor replacement, body and fender repair or spray-painting or recapping or retreading of
tires.
SEWAGE DISPOSAL SYSTEM, OFF-SITE — An approved system, whether privately or publicly operated,
for the collection and disposal of sewage that serves two or more dwelling units but which does not
include septic tanks.
SEWAGE DISPOSAL SYSTEM, ON-SITE — A system including but not limited to a septic tank or sand
mound on an individual lot, which utilizes an aerobic bacteriological process for the elimination of solid
wastes and provides for the proper and safe disposal of the effluent, subject to the approval of health
and sanitation officials having jurisdiction.
SEXUAL ENCOUNTER CENTER — A business or commercial enterprise that, as one of its primary business
purposes, offers for any form of consideration.
A.
Physical contact in the form of wrestling or fondling between persons of the opposite sex; or
B.
Activities between male and female persons and/or persons of the same sex when one or more of
the persons is in a state of nudity or seminudity.
SEXUALLY ORIENTED BUSINESS — An adult arcade, adult bookstore or adult video store, adult cabaret,
adult motel, adult motion-picture theater, adult-oriented business, adult theater, escort agency, nude
model studio or sexual encounter center.
SIDE YARD — See "yard, side."
SIGN — Any device visible from a public place that displays either commercial or noncommercial
messages by means of graphic presentation of alphabetic or pictorial symbols or representations.
Noncommercial flags or any flags displayed from flagpoles or staffs will not be considered to be signs.
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SIGN AREA — The area of the smallest geometric figure, or the sum of the combination of regular
geometric figures, which comprise the sign face. The area of any double-sided or "V" shaped sign shall
be the area of the largest single face only. The area of a sphere shall be computed as the area of a circle.
The area of all other multiple-sided signs shall be computed as 50% of the sum of the area of all faces of
the sign.
SIGN COPY — Those letters, numerals, figures, symbols, logos and graphic elements comprising the
content or message of a sign, exclusive of numerals identifying a street address only.
SIGN FACE — The surface upon, against or through which the sign copy is displayed or illustrated, not
including structural supports, architectural features of a building or sign structure, nonstructural or
decorative trim, or any areas that are separated from the background surface upon which the sign copy
is displayed by a distinct delineation, such as a reveal or border.
A.
In the case of panel or cabinet-type signs, the sign face shall include the entire area of the sign
panel, cabinet or face substrate upon which the sign copy is displayed or illustrated, but not open
space between separate panels or cabinets.
B.
In the case of sign structures with routed areas of sign copy, the sign face shall include the entire
area of the surface that is routed, except where interrupted by a reveal, border, or a contrasting
surface or color.
C.
In the case of signs painted on a building, or individual letters or graphic elements affixed to a
building or structure, the sign face shall comprise the sum of the geometric figures or combination
of regular geometric figures drawn closest to the edge of the letters or separate graphic elements
comprising the sign copy, but not the open space between separate groupings of sign copy on the
same building or structure.
D.
In the case of sign copy enclosed within a painted or illuminated border, or displayed on a
background contrasting in color with the color of the building or structure, the sign face shall
comprise the area within the contrasting background, or within the painted or illuminated border.
SIGN STRUCTURE — Any structure supporting a sign.
SPECIAL EXCEPTION — A use which is subject to approval by the Zoning Hearing Board when there is a
specific provision for such special exception made in this Chapter.
SPECIALTY FOOD STORE — A retail establishment which has a gross floor area of no more than 10,000
square feet and which offers for sale to the general public gourmet or specialty food items or meats and
groceries which are packaged and are not available for consumption on the premises.
SPECIFIED ANATOMICAL AREAS:
A.
B.
Less than completely and opaquely covered:
(1)
Human genitals or pubic region;
(2)
Buttocks; or
(3)
Female breasts below a point immediately above the top of the areola.
Human male genitals in a discernible turgid state, even if completely opaquely covered.
SPECIFIED SEXUAL ACTIVITIES — Includes any of the following:
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A.
The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or
female breasts;
B.
Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or
sodomy;
C.
Masturbation, actual or simulated; or
D.
Excretory functions as part of or in connection with any of the activities set forth in
Subsections A through C herein.
SOLAR COLLECTOR – A device, structure or a part of a device or structure (array, panel or similar device)
installed for the sole purpose of the collection, inversion, storage, and distribution of solar energy. This
device may be roof-mounted or ground-mounted as an accessory use.
SOLAR ENERGY – Radiant energy received from the sun that can be collected in the form of heat or light
by a solar collector.
SOLAR FARM – A use where a series of solar collectors are placed in an area for the purpose of
generating photovoltaic power for an area greater than the principal use on the site or as the principal
use on the site for off-site energy consumption. The use of solar collectors for personal or business
consumption that occurs on-site is not considered a solar farm.
SPORTSMEN'S CLUB — A private recreational facility which may or may not include a clubhouse with
kitchen and/or toilet facilities, and which may include but is not limited to the following activities:
archery, target shooting, skeet or trap shooting, and fishing.
STORY — That portion of a building included between the surface of any floor and the surface of the
floor next above it or, if there is no floor above it, then the space between the floor and the ceiling next
above it. A basement shall be counted as a story if it is used for living quarters or if 2/3 of its volume is
above the average level of the adjacent ground.
STREET — Includes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct and
any other ways used or intended to be used by vehicular traffic or pedestrians whether public or private.
STREET RIGHT-OF-WAY LINE — A recorded dividing line between a lot, tract or parcel of land and a
contiguous street.
STRUCTURAL ALTERATION — Any change in a supporting member of a structure, such as bearing walls,
columns, beams or girders.
STRUCTURE — Any man-made object having an ascertainable stationary location on or in land or water,
whether or not affixed to the land.
SUPPLY YARD — A building and/or a lot which is used for the storage and sale of construction materials
or similar supplies to individuals and contractors, where no manufacturing is done and no vehicles or
equipment are repaired, displayed or sold.
SURFACE MINING — Any extraction of any mineral excluding oil and gas or fill material which involves
removal of the surface of the earth or exposure of the mineral or subsurface of the earth to wind, rain,
sun or other elements of nature. Mining activities carried out beneath the surface by means of shafts,
tunnels or other underground mine openings are not included in this definition.
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TEMPORARY SIGN — A sign intended to display either commercial or noncommercial messages of a
transitory or temporary nature. Portable signs or any sign not permanently embedded in the ground, or
not permanently affixed to a building or sign structure that is permanently embedded in the ground, are
considered temporary signs.
THEATER, INDOOR — An establishment inside a completely enclosed building, devoted to showing
motion pictures and/or live dramatic, comedic or musical performances.
THEATER, OUTDOOR DRIVE-IN — An establishment with an outdoor movie screen and parking spaces
for vehicles devoted to showing motion pictures to patrons while they are seated in their vehicles.
TIMBER HARVESTING — The cutting or harvesting of live or dead, standing or fallen trees for cordwood,
for timber, for pulp or for any commercial purpose, when practiced in accordance with accepted
silviculture principles, excluding the clearing of trees by the landowner for his own use, clearing for the
development of building sites as part of an approved subdivision, land development or building permit,
clearing for farming operations or selective removal of individual trees which are dead, damaged,
diseased or constitute a danger to neighboring properties or the general public.
TOWNHOUSE — A multifamily dwelling which contains at least three but not more than eight dwelling
units, each for the exclusive use by one family, where each unit has a separate entrance and is attached
to another unit by continuous vertical walls without opening from basement to roof.
TOWNSHIP COMMISSIONERS — The Board of Commissioners of Penn Township, Westmoreland County,
Pennsylvania.
TRADITIONAL NEIGHBORHOOD DEVELOPMENT — An area of land developed for a compatible mixture
of residential units for various income levels and nonresidential commercial and workplace uses,
including some structures that provide for a mix of uses within the same building. Residences, shops,
offices, workplaces, public buildings, and parks are interwoven within the neighborhood so that all are
within relatively close proximity to each other. Traditional neighborhood development is relatively
compact, limited in size and oriented toward pedestrian activity. It has an identifiable center and a
discernible edge. The center of the neighborhood is in the form of a public park, commons, plaza, square
or prominent intersection of two or more major streets. Generally, there is a hierarchy of streets laid
out in a rectilinear or grid pattern of interconnecting streets and blocks that provides multiple routes
from origins to destinations and are appropriately designed to serve the needs of pedestrians and
vehicles equally.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS — Includes any of the
following;
A.
The sale, lease or sublease of the business;
B.
The transfer of securities which constitute a controlling interest in the business, whether by sale,
exchange or similar means; or
C.
The establishment of a trust, gift or other similar legal device which transfers the ownership or
control of the business, except for transfer by bequest or other operation of law upon the death
of the person possessing the ownership or control.
TRANSITIONAL SURFACES — These surfaces extend outward at ninety-degree angles to the runway
center line and the runway center line extended at a slope of seven feet horizontally for each foot
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vertically from the sides of the primary and approach surfaces to where they intersect the horizontal
and conical surfaces. Transitional surfaces for those portions of the precision approach surfaces which
project through and beyond the limits of the conical surface extend a distance of 5,000 feet, measured
horizontally from the edge of the approach surface and at ninety-degree angles to the extended runway
center line.
TRUCK TERMINAL — A building and adjacent area which may or may not include facilities for
maintenance, fueling, repair, storage or dispatching of the vehicles.
UNDER CANOPY SIGN or UNDER MARQUEE SIGN — A sign attached to the underside of a canopy or
marquee.
USE — Any activity, business or purpose for which any lot or structure is utilized.
USE NOT SPECIFICALLY LISTED — Any use which is not listed in a given zoning district but which may be
approved as a conditional use by the Board of Commissioners if the Board determines the use is
comparable to other uses listed in the district in accordance with express standards and criteria in this
Chapter.
UTILITY RUNWAY — A runway that is constructed for and intended to be used by propeller-driven
aircraft of 12,500 pounds maximum gross weight and less.
V SIGN — Signs containing two faces of approximately equal size erected upon common or separate
structures, positioned in a "V" shape with an interior angle between faces of not more than 90° (1.57
rad).
VALUE-ADDED AGRICULTURAL PRODUCT — The enhancement or improvement of the overall value of
an agricultural commodity or of an animal or plant product to a higher value. The enhancement or
improvement includes, but is not limited to marketing, agricultural processing, transforming, or
packaging, education presentation, activities and tours.
VARIANCE — A relaxation of requirements where such variance will not be contrary to the public
interest and where, owing to conditions peculiar to the property and not the result of actions of the
applicant, a literal enforcement of this Chapter would result in unnecessary and undue hardship. A
variance is administrated by the Zoning Hearing Board.
VIEWING BOOTHS — Booths, stalls, partitioned portions of a room, rooms or other enclosures which
are available for viewing:
A.
Films, movies, videos or visual reproductions of any kind depicting or describing specified sexual
activities or specified anatomical areas;
B.
Persons who appear in a state of nudity or seminudity or who offer performances or
presentations characterized by the exposure of specified anatomical areas or by specified sexual
activities.
VISUAL RUNWAY — A runway intended solely for the operation of aircraft using visual approach
procedures.
WALL OR FASCIA SIGN — A sign that is in any manner affixed to any exterior wall of a building or
structure and that projects not more than 18 inches (457 mm) from the building or structure wall,
including signs affixed to architectural projections from a building, provided the copy area of such signs
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remains on a parallel plane to the face of the building facade or to the face or faces of the architectural
projection to which it is affixed. For a visual reference and a comparison of differences between wall or
fascia signs and roof signs, see Article VII.
WAREHOUSING — The storage and handling of freight or merchandise, but not including the
maintenance or fueling of commercial vehicles.
WHOLESALE BUSINESS — A business primarily engaged in selling merchandise to retailers or
institutional, commercial or professional business customers or other wholesalers, rather than to the
general public, which includes the warehousing of merchandise and which may include distribution of
such merchandise on the site of the principal business.
WINDOW SIGN — A sign affixed to the surface of a window with its message intended to be visible to
and readable from the public way or from adjacent property. Signs painted on the interior or the
exterior of the surface of a window shall not be considered window signs.
YARD — An open space between a building and the adjoining lot lines, unoccupied by any use other
than a parking area or driveway, when specifically authorized by this Chapter, or by any portion of a
structure from the ground upward, except as otherwise provided herein. In measuring a yard for the
purpose of determining the width of a side yard, the depth of a front yard or the depth of the rear yard,
the minimum horizontal distance between the lot line and the principal building shall be used.
YARD, FRONT — A yard extending across the full front width of a lot between the side lot lines and being
the minimum horizontal distance between the street right-of-way line and the principal building or any
projection thereof, other than the projections of the usual uncovered steps, uncovered balconies or
uncovered porches with a maximum floor area of 25 square feet.
YARD, REAR — A yard extending across the full width of the rear of a lot between the side lot lines and
being the required minimum horizontal distance between the rear lot line and the rear of the principal
building or any projection thereof, other than the projections of uncovered steps, unenclosed balconies
or unenclosed porches.
YARD, SIDE — A yard between the principal building and the side line of the lot and extending from the
required front yard to the required rear yard and being the minimum horizontal distance between a side
lot and the side of the principal building or any projections thereto.
ZONING DISTRICT — See "district, zoning."
ZONING DISTRICT MAP — The zoning district map or maps of Penn Township, together with all
amendments. 7
ZONING LOT — A lot conforming to all zoning requirements of the district in which it is located, including
utilities, area and any special or supplementary requirements, or a legally existing lot of record recorded
prior to passage of this Chapter and subsequent amendments.
ZONING OFFICER — An administrative official or his authorized representative appointed by the Board
of Commissioners to administer and enforce this Chapter.
7. Editor's Note: Said maps are on file in the Township offices.
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ZONING PERMIT — The document issued by the Zoning Officer, authorizing the use of the land or
buildings.
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§190-301
Zoning
§190-301
ARTICLE III
Establishment of Districts
§190-301.
A.
Enumeration of districts.
For the purpose of applying the regulations, restrictions and provisions of this Chapter, Penn
Township is hereby divided into the following zoning districts:
RR Rural Resource District
MDR Mixed Density Residential District
NC Neighborhood Commercial District
CC Commercial Corridor District
IC Industrial Commerce District
B.
The following constitute overlays to the zoning districts as described in this Section and
Subsections D and E of §190-303.
APO
Airport Overlay District
FPO
Floodplain Overlay District
MEO Mineral Extraction Overlay District
DIO
§190-302.
Development Infill Overlay District
District Zoning Map.
The boundaries of the districts are shown upon the map which is made a part of this Chapter, which
map is designated as the "District Zoning Map." The District Zoning Map and all the notations,
references and other information shown thereon are a part of this Chapter and have the same force and
effect as if the District Zoning Map and all the notions, references and other information shown thereon
were all fully set or described herein, the original of which District Zoning Map is properly attested and is
on file with the Board of Commissioners.
§190-303.
District boundaries.
A.
The district boundary lines on said map are intended to follow either street or alley or lot lines,
and where the districts designated on the map are bounded approximately by such street, alley
or lot lines, the street or alley or lot line shall be construed to be the boundary of the district,
unless such boundary is otherwise indicated on the map. In the case of unsubdivided property,
the district boundary lines shall be determined by the use of the scale appearing on the District
Zoning Map or by dimensions.
B.
Where the boundary of a district follows a railroad line, such boundary shall be deemed to be
located midway between the main tracks of said railroad line, unless the district line as shown
on the District Zoning Map follows the right-of-way line.
C.
Where one parcel of property is divided into two or more portions by reason of different zoning
district classifications, each of these portions shall be used independently of the other(s) in its
respective zoning classifications, and, for the purpose of applying the regulations of this
Chapter, each portion shall be considered as if it is in separate and different ownership.
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D.
E.
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§190-303
Airport Overlay District. The Airport Overlay District (APO) shall be delineated on the Township
Zoning Map by means of an overlay which shall be based on the current copy of the maps
contained in the Southwestern Pennsylvania Regional Planning Commission's reports entitled
"Proposed Airport Zoning Regulations to Limit the Height of Objects Around Pittsburgh Bouquet Airport." [Amended 7-21-1998 by Ord. No. 707]
(1)
Location of district. The APO District shall be deemed to be an overlay on all zoning
districts now or hereafter applicable to any lot or part of lot in the APO District, and the
regulations for the APO District shall supplement the underlying zoning district regulations
otherwise applicable to that lot.
(2)
Permitted uses. Permitted uses for the APO District shall be the uses listed in Article IV for
the underlying zoning district, subject to the height limitations and other restrictions of the
APO District.
Floodplain Overlay District. The Floodplain Overlay District (FPO) shall be defined to be the low
area adjoining and including any water or drainage course or body of water subject to periodic
flooding or overflow and delineated in the Penn Township Flood Insurance Study.
(1)
Delineation of district. The Floodplain Overlay District (FPO), as herein above defined, shall
be delineated on the Township Zoning Map by means of an overlay which shall be based
on the current copy of the Flood Insurance Study Map provided to the Township by the
National Flood Insurance Administration (NFIA).
(2)
Location of district. The FPO District shall be deemed to be an overlay on all zoning
districts now or hereafter applicable to any lot or portion of a lot in the FPO District, and
the regulations for the FPO District shall supplement the underlying zoning district
regulations otherwise applicable to that lot.
(3)
Permitted uses. Permitted uses for the FPO District are listed in Article IV.
October 2014
Article III
§190-401
Zoning
§190-401
ARTICLE IV
District Regulations
§190-401.
Area and bulk regulations.
The area and bulk regulations for each of the zoning districts are shown on Table 2 in Appendix A. This
summary table is hereby incorporated in the text of this Chapter by reference. This summary table is not
complete in every detail, however, and must be used in conjunction with the detailed district and
supplementary regulations contained in Articles IV and VI of this Chapter.
§190-402.
RR Rural Resource District.
A.
Purpose: The RR Rural Resource District is established in order to provide land for continuing
agricultural operations, resource management, timber harvesting, outdoor recreation, public
and private conservation areas, low density single family residential, and compatible support
uses.
B.
Permitted Principal Uses.
(1)
Agricultural operations including, but not limited to, dairy co-operative, hobby farms,
game farms, fish hatcheries, greenhouses and nurseries – ten (10) acres.
(2)
Timber harvesting and reforestation – five (5) acres (See § 190-638).
(3)
Sportsman’s clubs and outdoor recreation, including fitness trails, but not limited to,
firearms ranges, camping, game farms, water related activities, sports fields and facilities,
seasonal recreation activities, court games, neighborhood parks and playgrounds – three
(3) acres.
(4)
Public or private conservation areas – two (2) acres.
(5)
Public and private schools – three (3) acres
(6)
Worship facilities with or without cemeteries on same site – three (3) acres.
(7)
Single family detached (one acre) or attached dwellings to a maximum of four (4) dwelling
units in a structure (one-quarter acre) per dwelling unit.
(8)
Veterinarian facility, including boarding for animals being treated – two (2) acres.
(9)
Personal care, intermediate care and assisted living facilities – two (2) acres.
(10) Health and fitness facilities and exercise trails – three (3) acres.
(11) Agricultural supply and equipment rental, sales, repair and service – three (3) acres.
(12) Commercial kennels – two (2) acres.
(13) Traditional Neighborhood Developments – ten (10) acres (See § 190-639).
(14) Mini-Warehouse (Personal Storage Facilities).
C.
Permitted Accessory Uses/Structures.
(1)
Article IV
Nonresidential: Those accessory uses customarily incidental to permitted principal uses on
the same lot including, but not limited to the following:
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§190-402
Zoning
§190-402
(a) Agricultural accessory uses and structures such as barns, silos, corn cribs, chicken
coops and equipment storage sheds.
(b) Garages for the storage of material and vehicles used in the operation of a permitted
principal use.
(c) Identification signs.
(d) Satellite dish antennas.
(e) Agritourism (See §190-642).
(2)
Residential: Those accessory uses customarily incidental to permitted principal uses on
the same lot, including but not limited to the following:
(a) Garages for the storage of personal vehicles.
(b) Storage sheds for lawn and garden equipment.
(c) Inground and above ground swimming pools and appurtenant structures and
equipment.
(d) Satellite dish antennas.
(e) Family scale court games for personal use.
(f)
Home based business.
(g) Solar collectors and wind energy systems (See §190-643).
D.
E.
Conditional Uses. The following uses are authorized, subject to compliance with the express
standards and criteria for each use contained in Article V:
(1)
Mobile home and recreational vehicle parks – ten (10) acres (See § 190-503, Subsection C).
(2)
Communications facilities, 1.5 acres (See § 190-503, Subsection D).
Uses by Special Exception:
There are no uses by special exception authorized in the RR Rural Resource District.
F.
Dimensional Standards:
(1)
Permitted Principal Uses: Minimum lot areas are listed in § 190-402, Subsection B with the
corresponding land use.
(2)
Conditional uses: Minimum lot areas are listed in § 190-402, Subsection D with the
corresponding land use.
(3)
Minimum required yards: Permitted principal and conditional uses:
(a) Front yard – 35’ from closest property or right-of-way line on subject property.
(b) Side yard – 20’ from closest property line on subject property.
(c) Rear yard – 40’ from closest property line on subject property.
(d) Accessory structures – 10’ from closest side and rear lot lines on subject property.
(4)
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Minimum frontage:
October 2014
Article IV
§190-403
Zoning
§190-403
(a) Permitted principal uses – 150 linear feet at the building setback line.
(b) Conditional uses – 180 linear feet at the building setback line.
(5)
Design standards:
(a) Height:
[0] Principal structures – 45’.
[1] Accessory structures – 35’.
(b) Lot coverage – all structures:
[2] Residential – 30% of gross area.
[3] Nonresidential – 50% of gross area
(6)
Density: A maximum four (4) dwelling unit per acre, unless otherwise specified.
(7)
Parking: See Article VI.
§190-403.
MDR Mixed Density Residential District.
A. Purpose: The MDR Mixed Density Residential District is established in order to provide land for a
wide variety of housing options in a number of configurations at moderate to high densities, as
well as to provide for personal and professional services, small-scale mixed use sites and
compatible support uses.
B. Permitted Principal Uses.
(1)
Single family detached dwellings – one-quarter (.25) acre.
(2)
Duplex, triplex and quadruplex dwellings – one-third (.35) acre.
(3)
Townhomes with a maximum of six (6) dwelling units per structure – one and one-half
(1.5) acres, four (4) units per acre.
(4)
Personal care, intermediate care and assisted living facilities – two (2) acres.
(5)
Personal service establishment – one (1) acre.
(6)
Medical offices – one and one-half (1.5) acres.
(7)
Neighborhood park or community center – two (2) acres.
(8)
Day care home – one-half (.5) acres.
(9)
Group home – one-half (.5) acres.
(10) Funeral home and crematorium – two (2) acres.
(11) Nursery School – one (1) acre.
(12) House of worship – two (2) acres.
(13) Public and private schools – two and one-half (2.5) acres.
(14) Agricultural operations including, but not limited to hobby farms, home gardening, and
private stables and greenhouses – three (3) acres.
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§190-403
Zoning
§190-403
(15) Multi-family structures with more than six (6) dwelling units – two (2) acres, four (4) units
per acre.
(16) Condominiums – two (2) acres.
(17) Forestry and timber harvesting – five (5) acres.
(18) Conversion apartments – one-half (.5) acres.
(19) Traditional Neighborhood Developments – ten (10) acres (See § 190-639).
(20) Drive-in and drive-through facilities.
C. Permitted Accessory Uses/Structures:
(1)
Those accessory uses customarily incidental to permitted principal uses on the same lot
including, but not limited to the following:
(a) Garages for the storage of personal vehicles.
(b) Storage sheds for lawn and garden equipment.
(c) Inground and aboveground swimming pools and appurtenant structures and
equipment.
(d) Family scale court games for personal use.
(e) Home based business.
(f)
Identification signs.
(g) Agritourism (See §190-642).
D.
Conditional Uses:
There are no conditional uses authorized in the MDR Mixed Density Residential District.
E.
Uses by Special Exception:
There are no uses by special exception authorized in the MDR Mixed Density Residential District.
F.
Dimensional Standards:
(1)
Permitted Principal Uses: Minimum lot areas are listed in § 190-403, Subsection B with the
corresponding land use.
(2)
Minimum required yards:
exception:
Permitted principal, conditional uses and uses by special
(a) Front yard – 30’ from closest property or right-of-way line.
(b) Side yard – 15’ from closest property line on the subject property.
(c) Rear yard – 40’ from closest property line on the subject property.
(d) Accessory structures – 10’ from closest side and rear lot lines on the subject property.
(3)
Minimum frontage:
(a) Permitted principal uses – 90 linear feet at the building setback line.
(b) Conditional uses – 120 linear feet at the building setback line.
Page 38
October 2014
Article IV
§190-404
(4)
Zoning
§190-404
Design standards:
(a) Height:
[1] Principal structures – 45’.
[2] Accessory structures – 35’.
(b) Lot coverage – All structures:
[1] Residential – 35% of gross area.
[2] Nonresidential – 65% of gross area
(5)
Density: Maximum two (2) dwelling units per acre for single family residences, four (4)
dwelling units per acre for multi-family, unless otherwise specified.
(6)
Parking: See Article VI.
§190-404.
NC Neighborhood Commercial.
A.
Purpose: The NC Neighborhood Commercial District is established in order to provide land for
small scale commercial uses, personal and professional services, planned mixed use
developments, multi-family residential, mixed-use structures with commercial uses on the first
floor and residential on floors above, restaurants, arts and entertainment, and compatible
support uses for the permitted principal uses.
B.
Permitted Principal Uses:
(1)
General retail.
(2)
Specialty retail.
(3)
Automotive convenience facilities.
(4)
Personal services.
(5)
Professional services.
(6)
Business services.
(7)
Financial institutions.
(8)
Restaurants.
(9)
Mixed-use structures with commercial or service uses on the first floor.
(10) Day care centers.
(11) Personal care homes and group care facilities.
(12) Multi-family structures with a maximum of eight (8) dwelling units.
(13) Single family detached dwellings.
(14) Bed and breakfast establishment.
(15) Automotive sales, service and repair.
(16) Traditional Neighborhood Developments – ten (10) acres (See § 190-639).
(17) Drive through facilities.
Article IV
October 2014
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§190-404
Zoning
§190-404
(18) Entertainment and indoor recreation facilities.
C.
Permitted Accessory Uses/Structures.
(1)
Those accessory uses customarily incidental to permitted principal uses on the same lot
including, but not limited to:
(a) Parking and loading areas and garages.
(b) Storage buildings for goods on sale on the premises.
(c) Identification signs.
(2)
D.
E.
Home based business.
Conditional Uses:
(1)
Mini-warehouse/personal storage facilities (See §190-503, Subsection F).
(2)
Hospitals and clinics (See §190-503, Subsection H).
Uses by Special Exception:
There are no uses by special exception in the NC Neighborhood Commercial District.
F.
Dimensional Standards:
(1)
Minimum lot area:
(a) Uses with both public water and sanitary sewerage – 7,500 square feet (1/6 of an
acre), unless otherwise specified.
(b) Uses without either public water or sanitary sewerage – 43,560 square feet (1 acre)
unless otherwise specified.
(2)
Minimum required yards:
(a) Front yard – 25’ from closest property or right-of-way line.
(b) Side yard – 10’ except for interior units in a multiple use structure, then zero (0) side
yards shall be permitted.
(c) Rear yard – 15’ from closest property line.
(d) Accessory structures – 10’ from closest side and rear lot lines.
(3)
Minimum frontage:
(a) Uses with both public water and sanitary sewerage – 60 linear feet at the building
setback line.
(b) Uses without either public water or sanitary sewerage – 100 linear feet at the
building setback line.
(4)
Design standards:
(a) Height:
[1] Principal structures – 45’.
[2] Accessory structures – 35’.
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October 2014
Article IV
§190-405
Zoning
§190-405
(b) Lot coverage – All structures:
[1] Residential – 50% of gross area.
[2] Nonresidential – 65% of gross area
(5)
Density: Maximum two (2) dwelling units per acre for single family residence, four (4)
dwelling units per acre for multi-family.
(6)
Parking: See Article VI.
§190-405.
CC Commercial Corridor District.
A.
Purpose: The CC Commercial Corridor District is established in order to provide land for transit
oriented uses at a variety of scales, whether planned as a unified development or as a standalone facility, and including compatible support uses for the permitted principal uses.
B.
Permitted Principal Uses:
(1)
General retail.
(2)
Specialty retail.
(3)
Automotive with convenience retail facilities.
(4)
Automotive service and repair with or without car washing facilities.
(5)
Hospitals and clinics.
(6)
Single or multiple tenant office buildings.
(7)
Bus and commuter facilities including public parking garage.
(8)
Personal, professional and business services.
(9)
Financial institutions with or without drive-through services.
(10) Eating and drinking establishments with or without drive-through services.
(11) Indoor and outdoor arts, entertainment and recreation facilities.
(12) Veterinary clinics with boarding facilities.
(13) Motels and hotels.
(14) Public and private schools and colleges.
(15) Multi-family structures including condominiums with more than twelve (12) dwelling units.
(16) Condominiums with more than twelve (12) dwelling units in multiple or single structures.
(17) Truck service, dispatch and repair terminals.
(18) Quadruplex developments with more than twelve (12) dwelling units.
(19) Traditional Neighborhood Developments – ten (10) acres (See §190-639).
(20) Planned mixed-use commerce parks. (See §190-640)
Article IV
October 2014
Page 41
§190-405
C.
Zoning
§190-405
Permitted Accessory Uses/Structures.
(1)
Those accessory uses customarily incidental to permitted principal uses on the same lot
including, but not limited to:
(a) Parking and loading areas and garages.
(b) Storage buildings for goods for sale on the premises.
(c) Identification signs (See Article VII).
(d) Satellite dishes.
(e) Dormitories.
(f)
D.
Kennels and stables.
Conditional Uses:
There are no conditional uses authorized in the CC Commercial Corridor District.
E.
Uses by Special Exception:
There are no uses by special exception authorized in the CC Commercial Corridor District.
F.
Dimensional Standards:
(1)
Minimum lot area:
(a) Uses with both public water and sanitary sewerage – 21,780 square feet (.5 acre)
unless otherwise specified.
(b) Uses without either public water or sanitary sewerage – 43,560 square feet (1 acre)
unless otherwise specified.
(2)
Minimum required yards:
(a) Front yard – 35’ from closest property or right-of-way line on subject property.
(b) Side yard – 20’ except for interior units in a multiple use structure, then zero (0) side
yards shall be permitted.
(c) Rear yard – 25’ from closest property line.
(d) Accessory structures – 15’ from closest side and rear lot lines.
(3)
Minimum frontage:
(a) Uses with both public water and sanitary sewerage – 100 linear feet at the building
setback line.
(b) Uses without either public water or sanitary sewerage – 150 linear feet at the
building setback line.
(4)
Design standards:
(a) Height:
[3] Principal structures – 75’.
[4] Accessory structures – 45’.
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October 2014
Article IV
§190-406
Zoning
§190-406
(b) Lot coverage – All structures – 70%
(5)
Density: Maximum four (4) dwelling units per acres for multi-family, unless otherwise
specified.
(6)
Parking: See Article VI.
§190-406.
IC Industrial Commerce District.
A.
Purpose: The IC Industrial Commerce District is established in order to provide land for heavy
and light manufacturing, processing, planned light industrial and planned commerce uses, in
addition to warehousing and distribution, supply yards, and compatible support uses.
B.
Permitted Principal Uses:
(1)
Manufacturing and processing.
(2)
Power plants and co-generation facilities.
(3)
Planned mixed-use commerce parks. (See §190-640)
(4)
Sanitary landfills.
(5)
Planned office parks and single or multiple tenant office buildings.
(6)
Light industrial including research and testing and incubator space.
(7)
Business services.
(8)
Private trade or commercial schools.
(9)
Communications facilities.
(10) Mini-warehouse (personal storage facilities).
(11) Distribution/warehousing.
(12) Supply yards and contractors yards.
(13) Eating and drinking establishments, with or without drive-through services.
(14) Natural gas processing plant.
(15) Natural gas compressor stations.
(16) Outdoor advertising signs.
(17) Motels and hotels.
(18) Hospitals and clinics.
(19) Oil and gas operations (See §190-641).
C.
Permitted Accessory Uses/Structures.
(1)
Those accessory uses customarily incidental to permitted principal uses on the same lot
including, but not limited to:
(a) Parking and loading areas and private and public garages.
(b) Storage buildings for goods or materials used in the operation of the principal uses.
(c) Identification signs.
Article IV
October 2014
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§190-406
Zoning
§190-406
(d) Satellite dishes.
(e) Above and inground fuel and waste storage tanks.
D.
E.
Conditional Uses:
(1)
Hotels and motels (See § 190-503, Subsection E).
(2)
Single family detached or attached dwellings to a maximum of six (6) dwelling units in a
structure.
(3)
Adult businesses (See § 190-503, Subsection A).
(4)
Surface mining (See § 190-503, Subsection B).
Uses by Special Exception:
There are no uses by special exception in the IC Industrial Commercial District.
F.
Dimensional Standards:
(1)
Minimum lot area:
(a) Manufacturing, processing and light industrial uses – 87,120 square feet (2 acres)
unless otherwise specified.
(b) Service and residential uses – 65,340 square feet (1.5 acres).
(c) All other permitted and conditional uses – 87,120 square feet (2 acres) unless
otherwise specified.
(2)
Minimum required yards:
(a) Front yard – 75’ from closest property or building setback line.
(b) Side yard – 40’ except for interior units in a multiple use structure, then zero (0) side
yards shall be permitted.
(c) Rear yard – 35’ from closest property line on subject property.
(d) Accessory structures – 20’ from closest side and rear lot lines on subject property.
(3)
Minimum frontage:
(a) Manufacturing, processing and light industrial uses – 200 linear feet at the building
setback line unless otherwise specified.
(b) Service and residential uses – 120 linear feet at the building setback line unless
otherwise specified.
(c) All other permitted and conditional uses – 150 linear feet at the building setback line
unless otherwise specified.
(4)
Design standards:
(a) Height:
[1] Principal structures – 75’.
[2] Accessory structures – 45’.
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October 2014
Article IV
§190-406
Zoning
§190-406
(b) Lot coverage – All structures – 80%
(5)
Density: Maximum four (4) dwelling units per acre, unless otherwise specified.
(6)
Parking: See Article VI.
§190-407.
MEO Mineral Extraction Overlay District
A. Purpose: The purpose of the MEO Mineral Extraction Overlay District is to provide areas for the
extraction of minerals as defined by the Commonwealth, where the population density is low
and significant development is not projected for the near future. Uses permitted in the MEO
District shall comply with the provisions of §190-635, Performance Standards, as well as with
the “Surface Mining Conservation and Reclamation Act (P.L. 1198, No. 418), the “Noncoal
Surface Mining Conservation and Reclamation Act (P.L. 1093, No. 219), the “Oil and Gas Act”
(P.L. 1140, No. 223), and the Bituminous Mine Subsidence and Land Conservation Act” (P.L. 31,
No. 1).
B. Location of Overlay District Boundaries: As identified on the Official Township Zoning Map.
C. Permitted Principal Overlay District Uses:
(1) All those uses listed as permitted or conditional in the underlying zoning district.
(2) Deep mining and surface mining.
(3) Sand and gravel and limestone excavation.
(4) Oil and natural gas drilling (conventional).
D. Permitted Accessory Overlay District Uses/Structures:
(1) All those accessory uses customarily incidental to any permitted principal use and listed in
the underlying zoning districts.
(2) The storage of explosives, gasoline, oil, chemicals listed as hazardous or toxic by Federal or
Commonwealth agencies, and other regulated material used in conjunction with the
operation of any permitted or conditional use shall be placed in approved, industry standard
structures or impoundment areas to provide maximum safety.
(3) Equipment buildings used for material and vehicle storage or to enclose machinery.
E. Conditional Uses:
(1) Oil and natural gas drilling (unconventional). (See §190-503, Subsection I)
F. Dimensional Standards:
(1) Dimensional standards for all permitted principal, conditional and accessory uses listed in
the underlying zoning district shall be applicable to those uses.
(2) Minimum lot area – Ten (10) acres for oil and gas operations, except as otherwise specified.
(3) Minimum required yards:
(a) Front yard – Two hundred and fifty feet (250’) from street right-of-way line
(b) Rear yard – Two hundred and fifty feet (250’)
(c) Side yard – Fifty feet (50’), two (2) required
Article IV
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§190-406
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§190-406
(d) Accessory structures – Two hundred and fifty feet (250’)
(4) Minimum frontage: Fifty feet (50’) for purposes of establishing a right-of-way for access to
the extractive industry site.
(5) Design standards:
(a) Height:
[1] Principal structures and mechanical equipment — None.
[2] Accessory structures — None.
(b) Lot coverage — All structures and impervious surface combined — 70%.
(c) Parking — See §190-623.
(d) Development Standards: In addition to the applicable performance standards in §190635, any permitted principal, conditional or accessory use shall be subject to the
following:
[1] All permitted, conditional and accessory uses in the MEO Mineral Extraction
Overlay District shall comply with the provisions of §190-641 of this Ordinance,
where applicable.
[2] All permitted, conditional and accessory uses in the MEO Mineral Extraction
Overlay District shall comply with the provisions of Chapter 156, Subdivision and
Land Development Ordinance, Article III, §190-18 and §156-23, where such
provisions have not been superseded by the provisions of §190-641.
[3] Wastewater – Copies of all required Pennsylvania DEP permits or permits from
the Municipal Authority with jurisdiction agreeing to accept any effluent
produced, shall be provided:
i.
In no case shall wastewater be dumped or permitted to flow or seep
into a stream or drainage way.
ii.
Wastewater that cannot be treated on-site shall not be permitted to
accumulate and shall be disposed of on a regular basis as required.
[4] Hazardous or Toxic Waste — Hazardous or toxic waste shall not be permitted to
accumulate on any property, and disposal shall be in compliance with applicable
Commonwealth of Pennsylvania hazardous or toxic waste handling regulations.
[5] Property Maintenance — All areas of any property upon which mineral
extraction activities are being conducted shall be maintained free from the
exterior accumulation of material and machine parts.
[6] All drilling and production operations, including but not limited to derricks,
vacuum pumps, compressors, storage tanks, impoundment areas, vehicle
parking areas, structures, machinery, ponds and pits, and ancillary equipment,
shall be located and set back not less than 600 feet from any protected structure
and not less than 200 feet from any adjoining property line.
[7] Permanent structures of the oil and gas developments and facilities (both
permitted principal and accessory) shall comply with the height regulations of
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Article IV
§190-406
Zoning
§190-406
the zoning district in which they are located. This does not include temporary
structures such as derricks or rigs used in the drilling process. However, in the
event temporary structures exceed maximum height regulations in the Airport
Overlay Zone, permission from the FAA is required for the construction, use and
operation of the same.
[8] Air Quality — Air-contaminant emissions shall comply with all municipal, county,
Commonwealth and federal regulations, and all applicable regulations for smoke,
ash, dust, fumes, gases, odors and vapors.
[9] Storage of Equipment — It shall be illegal and a violation of this Ordinance to
park or store any vehicle or item of machinery on any street, right-of-way or in
any driveway or alley which (a) constitutes a fire hazard, or (b) creates an
obstruction to or interferes with fighting or controlling fires, except that
equipment which is necessary for the maintenance of the development site or
for the gathering or transporting of hydrocarbon substances may remain on the
site.
§190-408.
DIO Development Infill Overlay District
A.
Purpose: The purpose of the DIO Development Infill Overlay District is to establish a health and
safety buffer from surface related activities and facilities, specifically oil and natural gas
extraction, in developing areas of the Township where residential and nonresidential
development has occurred and is projected to occur.
B.
Location of Overlay District Boundaries: As identified on the Official Township Zoning Map.
C.
Permitted Principal Overlay Uses: All those uses listed as permitted or conditional in the
underlying zoning districts.
D.
Permitted Accessory Overlay District Uses/Structures: All those accessory uses customarily
incidental to any permitted principal use listed in the underlying zoning districts.
E.
Dimensional Standards:
(1)
Dimensional standards for all permitted principal, conditional and accessory uses listed in
the underlying zoning districts shall be applicable to those uses.
(2)
Minimum lot area — as specified for all permitted principal and conditional uses listed in
the underlying zoning districts.
(3)
Minimum required yards — all required front, rear, and side yards for permitted principal,
conditional and accessory uses listed in the underlying zoning districts shall be applicable
to those uses.
(4)
Minimum frontage — Minimum frontage for all permitted principal and conditional uses
listed in the underlying zoning districts shall be applicable to those uses.
(5)
Design Standards:
(a) Height — maximum heights for all permitted principal, conditional and accessory
uses listed in the underlying zoning districts shall be applicable to those uses.
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§190-406
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§190-406
(b) Lot coverage — maximum lot coverage for all structures and impervious surface
combined, for all permitted principal, conditional and accessory uses listed in the
underlying zoning districts shall be applicable to those uses.
(c) Parking — see §190-623.
(d) Development Standards:
Page 48
(1)
No facilities, including collection and transmission lines for oil or natural gas
resources, shall be located on the surface of any land situated within the DIO
Development Infill Overlay District.
(2)
Subsurface extraction and collection of oil and natural gas resources within the
DIO Development Infill District shall comply with all applicable Federal,
Commonwealth and local requirements for permitting, installation and
operation.
October 2014
Article IV
§190-501
Zoning
§190-501
Article V
Conditional Uses
§190-501.
General Criteria and Schedule
A.
Conditional uses are listed for each zoning district in this Article of this Chapter. Only those uses
expressly listed as conditional uses in a particular district may be considered in that zoning
district. All applications for a conditional use shall demonstrate compliance with the general
criteria and standards, as well as any criteria and standards specific to the requested use, as set
forth in this Article.
B.
General Criteria and Standards: In addition to any express standards and criteria listed in the
following sections, an application for a conditional use shall demonstrate that:
(1)
The applicant will reduce significant adverse impacts on existing uses to the maximum
extent feasible, including, but not limited to, adopting measures addressing
illumination/glare, noise, hours of operation, loitering, litter control, and other similar
characteristics.
(2)
The use can be accommodated on the site consistent with all dimensional, site
development, design, grading/drainage, performance, and other standards for the District
in which it will be located, with no variances required.
(3)
Where the use will generate more than fifty (50) average daily p.m. peak hour vehicle
trips, the use shall not cause a deterioration of more than one level from existing levels of
service (LOS) at intersections and roads within one-half (½) mile of the proposed use, as
documented by a traffic impact study submitted in support of the application.
(4)
The use provides adequate off-street parking on the same property as the use, in
compliance with standards set forth in §190-623 of this Chapter.
(5)
At a minimum, areas of the property not covered by buildings or paved are landscaped
and maintained pursuant to the standards and requirements set forth in §190-630 of this
Chapter.
(6)
Unless addressed in the specific criteria and standards set forth herein, bufferyards are
provided pursuant to the standards and requirements for bufferyards as set forth in §190630 of this Chapter.
(7)
Primary access points to the property shall be located as far as possible from road or street
intersections and adequate sight distances for the posted speed limits shall be met.
§190-502.
A.
A developer requesting a conditional use shall submit three (3) copies of the following materials,
together with a completed application and appropriate fee, to the Township Secretary for
referral to the Community Development Director. All information submitted shall be reviewed
by the Community Development Director for completeness.
(1)
Article V
Procedure for Review
A written statement supporting the general criteria outlined in this Article and describing
in detail the proposed use;
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An accurately scaled illustrative site plan showing the arrangement of the proposed use on
the site, including property lines, uses on adjacent properties, abutting streets, buildings
existing and proposed on the site by use and height, points of access into the site, internal
driveways, parking area layout with number of spaces noted, signs to remain or proposed,
areas of earthmoving with proposed grade of finished slopes noted, method of collecting
and disposing of stormwater, proposed landscaping and other pertinent information to
illustrate the proposal.
B.
The Planning Commission shall review such requests and forward its recommendation on the
application to the Board of Commissioners. Within the prescribed time frame, including any
agreed-upon extension, the Commission may also hold a public hearing pursuant to public
notice to inform the public and obtain comment prior to taking action on a proposed conditional
use.
C.
Within the time period set forth in this Section, the Commission shall take one of the following
actions. Failure to take action within the prescribed period, including any extension, shall be
deemed a recommendation for approval of the application as presented:
(1)
Recommend to the Board of Commissioners approval of the application as submitted;
(2)
Recommend to the Board of Commissioners approval of the application with certain
conditions subject to the applicant's consent;
(3)
Recommend to the Board of Commissioners denial of the application on the basis of
specific findings communicated to the applicant in writing.
D.
The Board of Commissioners shall hold a public hearing, pursuant to public notice, and take final
action on a completed request, as determined by the Community Development Director for
conditional use within sixty (60) days from the date of receipt of the completed request, unless
the applicant agrees in writing to a time extension. The Board of Commissioners may ask for
additional information or continue the hearing, but shall conclude the hearing and render a
written decision on the application request within forty-five days of conclusion.
E.
Within the time period set forth above, the Board of Commissioners shall take one of the
following actions. Failure to take action within the prescribed period, including any extension,
shall be deemed approval of the application as presented:
(1)
Approve the application;
(2)
Approve the application with conditions subject to the applicant's consent; or
(3)
Deny the application on the basis of specific findings communicated to the applicant in
writing.
(4)
The Board of Commissioners may attach such reasonable conditions and safeguards, in
addition to those expressed in this Ordinance, as it may deem necessary to implement the
purposes of this Ordinance. The applicant shall have thirty (30) days in which to notify the
Board of Commissioners that he accepts any attached conditions or stipulations. Failure to
accept will render the approval null and void.
(a) An applicant whose conditional use application is approved must obtain a
zoning/building permit. As set forth in this Section, an applicant proposing
development containing a use that is permitted only as a conditional use may submit
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an application for a zoning permit at the same time he or she submits the application
for conditional use approval. Duplicate submittal materials are not required, and the
review and approval process for both the conditional use and zoning/building permit
may proceed independently.
(b) All development, construction, and use shall be in accordance with the approved
conditional use plan, unless a revised plan is submitted and approved. The approved
plan shall consist of the application for conditional use, together with all its
attachments and exhibits, as finally approved by the Board of Commissioners, and all
conditions and stipulations attached by the Board. Any development contrary to the
approved plan shall constitute a violation of this Ordinance.
(c) Failure of the applicant to apply for a building permit within one (1) year of receiving
approval of the conditional use shall render the decision by the Board of
Commissioners null and void.
§190-503.
Conditional Uses
All conditional uses shall be subject to the performance standards specified in § 190-635 of this Chapter
and the applicable district regulations for the district in which the use is proposed. In addition to the
performance standards and the applicable district regulations for the authorized conditional uses, the
following specific criteria shall be evaluated in reviewing an application for approval of a conditional use.
A.
Adult-Oriented Businesses: Conditional use in the IC Industrial Commercial District [Added 4-191999 by Ord. No. 7208]
(1)
Adult-oriented business, subject to the following: [Added 4-19-1999 by Ord. No. 720]
(a) Minimum lot area required shall be 25,000 square feet.
(b) The property shall have frontage on and direct vehicular access to an arterial or
collector street.
(c) The use shall comply with Ordinance No. 717 of Penn Township, Chapter 135 of the
Code of Penn Township.
(d) No oscillating or flashing lights shall be permitted on the lot or any of the structures
or poles on the lot or on any other portion of the lot used for the adult-oriented
business.
(e) All property boundaries shall be screened as required by § 190-630 of this Chapter.
[Amended 10-7-2002 by Ord. No. 757]
(f)
The applicant shall demonstrate that the granting of the proposed use shall not
negatively affect the levels-of-service at intersections within 2,640 linear feet of the
property boundaries.
8. Editor's Note: "This ordinance further provided as follows: A person who operates or causes to be operated an adult-oriented business
without a valid permit or in violation of this Chapter is subject to an action in equity or a suit for injunction as well as citations for violations of
the Zoning Ordinance. Upon enactment, existing businesses as defined in this Chapter shall have one year to come into compliance with the
regulations contained herein, excluding the location requirements of § 190-128."
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(g) Ingress, egress and internal traffic circulation on the site shall be designed to ensure
safety and minimize congestion.
(h) No adult-oriented business shall be open for business before 9:00 a.m., Monday
through Saturday, or after 12:00 midnight, Monday through Saturday. Adult-oriented
businesses shall be closed at all times on Sundays and legal holidays.
(i)
All operations shall be conducted within an enclosed building and doors and windows
shall remain closed during hours of normal operation.
(j)
All lighting shall be shielded and reflected away from streets and adjoining property.
(k) The use shall be subject to the performance standards of § 190-635 of the Code of
Penn Township.
(l)
The adult-oriented business shall show strict compliance with § 190-503, Subsection
A, location and use regulations, of this Chapter.
(2)
Purpose and intent: It is the purpose of this Section to regulate adult-oriented businesses
to promote and preserve the health, safety and general welfare of the citizens of the
Township and to establish reasonable and uniform regulations to prevent the continued
deleterious location and concentration of adult-oriented businesses within the Township.
The provisions of this Section have neither the purpose nor effect of imposing a limitation
or restriction on the content of any communicative materials, including adult-oriented
materials. Similarly, it is not the intent nor effect of this article to restrict or deny access by
adults to adult-oriented materials protected by the First Amendment or to deny access by
the distributors and exhibitors of adult-oriented entertainment to their intended market.
Neither is it the intent nor effect of this article to condone or legitimize the distribution of
obscene material.
(3)
Classification: Adult-oriented businesses are classified as follows:
(a) Adult arcades;
(b) Adult entertainment;
(c) Adult bookstores or adult video stores;
(d) Adult cabarets;
(e) Adult motels;
(f)
Adult motion-picture theaters;
(g) Adult mini-motion-picture theaters;
(h) Adult-oriented establishment;
(i)
Adult theaters;
(j)
Escort agencies;
(k) Nude model studios;
(l)
Sexual encounter centers; and
(m) Sexually oriented businesses.
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(4)
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Location and use regulations.
(a) A person is guilty of a violation of this Ordinance if he operates or causes to be
operated an adult-oriented business outside of the district in which an adult-oriented
business is a permitted use. No adult-oriented businesses shall be located outside a
district in which an adult-oriented business is a permitted use. Adult-oriented
businesses as defined herein shall be permitted in the IC Industrial Commerce District
as a conditional use.
(b) A person is guilty of a violation of the Zoning Ordinance if he operates or causes to be
operated an adult-oriented business within 1,500 feet of:
[1] A church.
[2] A public or private pre-elementary, elementary or secondary school.
[3] A public library.
[4] A child-care facility or nursery school.
[5] A public park adjacent to any residential area.
[6] A child-oriented business.
[7] The boundary line of a residentially zoned area or the property line of a singlefamily dwelling.
(c) A person is guilty of a violation of this Zoning Ordinance if he causes or permits the
operation, establishment, substantial enlargement or transfer of ownership or
control of an adult-oriented business within 5,000 feet of another adult-oriented
business.
(d) A person is guilty of a violation of this Zoning Ordinance if he causes or permits the
operation, establishment or maintenance of more than one adult-oriented business
in the same building, structure, or portion thereof; or the increase of floor areas of
any adult-oriented business in any building, structure, or portion thereof containing
another adult-oriented business.
(e) For the purpose of this Section, measurement shall be made in a straight line,
without regard to intervening structures or objects, from the property line of the
building or structure used as part of the premises where an adult-oriented business is
conducted to the nearest property line of the portion of the building or structure
used as a part of the premises where an adult-oriented business is conducted, to the
nearest property line of the premises of a church, public or private pre-elementary,
elementary or secondary school, public library, child-care facility, child-oriented
business or nursery school; or to the nearest boundary of an affected public park.
(f)
Article V
For purposes of Subsection C of this section, the distance between any two adultoriented businesses shall be measured in a straight line, without regard to
intervening structures or objects, from the property line of the premises where an
adult-oriented business is conducted to the nearest property line of the premises of
another adult-oriented business.
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(g) Any adult-oriented business lawfully operating on the date of enactment of this
article that is in violation of Subsection A through F of this section shall be deemed a
legal nonconforming use. Such legal nonconforming uses shall not be increased,
enlarged, extended or altered, except that the use may be changed to a conforming
use. In the event that two or more adult-oriented businesses are within 5,000 feet of
one another and otherwise in a permissible location, the adult-oriented business
which was first established and continually operating at a particular location is the
legal nonconforming use, and the later-established business is nonconforming.
(h) An adult-oriented business lawfully operating as a conforming use is not rendered a
nonconforming use by the location, subsequent to the grant or renewal of the adultoriented business permit, of a church, public or private pre-elementary, elementary
or secondary school, public library, child-care facility, child-oriented business, nursery
school or public park within 1,500 feet of the adult-oriented business. This provision
applies only to the renewal of a valid permit and does not apply when an application
for a permit is submitted after a permit has expired or has been revoked.
(5)
Exemptions: It is a defense to prosecution under this Section that a person appearing in a
state of nudity did so in a modeling class operated:
(a) By a proprietary school, licensed by the Commonwealth of Pennsylvania, or a college,
junior college or university supported entirely or partly by taxation;
(b) By a private college or university which maintains and operates educational programs
in which credits are transferable to a college, junior college or university supported
entirely or partly by taxation; or
(c) In a structure:
[1] Which has no sign visible from the exterior of the structure and no other
advertising that indicates a nude person is available for viewing;
[2] Where, in order to participate in a class, a student must enroll at least three
days in advance of the class; and
[3] Where no more than one nude model is on the premises at any one time.
B.
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Surface mining, conditional use in IC District, subject to the following:
(1)
The applicant shall comply with all applicable Commonwealth acts listed in the PaMPC
Article VI, Section 603, Subsection (b), and federal regulations, as amended, and shall show
evidence of obtaining the required Commonwealth or federal permits before initiating any
work and of maintaining the required permits throughout the duration of all surface
mining operations. Any suspension or revocation of the required Commonwealth or
federal permits shall constitute a violation of zoning approval and shall result in the
suspension or revocation of conditional use approval and/or enforcement of the penalty
provisions of this Chapter.
(2)
No surface mining operation shall be conducted within 300 feet from the edge of a well
site to a USGS “solid blue lined” stream or waterbody.
(3)
No surface mining operation shall be conducted within 300 feet of any existing public
building, school, church, institutional, commercial or residential building.
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(4)
No surface mining operation shall be conducted with 500 feet of a private water well.
(5)
No surface mining operation shall be conducted within 300 feet of a wetlands area in
excess of one acre (43,560 square feet).
(6)
No surface mining operation shall be conducted which will adversely affect any publicly
owned park or places included in the National Register of Historic Sites, unless approved
by the governmental agency with jurisdiction over the park or historic site.
(7)
No surface mining operation shall be conducted within 300 feet of any occupied dwelling,
except as provided for in Section 3215, Act 13 of 2-12 unless the consent of the owner of
the dwelling has been obtained in advance of the filing of the application for zoning
approval.
(8)
The applicant shall demonstrate through compliance with applicable Commonwealth
regulations, that the proposed surface mining or drilling operation shall not be conducted
within 1,000 feet of any public water supply source, reservoir or surface water extraction
intake point.
(9)
The applicant shall demonstrate that the proposed surface mining or drilling operation
shall not adversely affect any flood-prone or landslide-prone areas within the Township.
(10) The applicant shall demonstrate that the granting of the proposed conditional use shall
not negatively affect levels of service at intersections on adjacent roads and highways
within 2,640 linear feet of the site boundary.
(11) The applicant shall demonstrate that the use of explosives, if proposed, shall not cause
injury to any adjacent structures and shall not substantially diminish underground water
resources through compliance with applicable Commonwealth regulations.
(12) When blasting is performed, the activity shall be monitored by an independent
engineering consultant whose credentials are acceptable to the Township and whose fee is
paid by the applicant.
(13) The applicant shall demonstrate compliance with all of the performance standards
specified in § 190-635 of this Chapter.
(14) The applicant shall identify the proposed routes of all trucks to be utilized for hauling
material and the estimated number of trips and weights of those trucks. The applicant
shall comply with designated weight limits on Township roads and shall design the hauling
routes for the surface mining operation to minimize the impact on local roads within the
Township.
(15) Portions of the site boundaries where surface mining operations are conducted may be
required by the Township Commissioners to be fenced or screened, as necessary, to
provide security and protect adjacent properties.
(16) Upon approval of an application for conditional use approval and prior to commencing
operations, the applicant shall submit an escrow deposit to the Township in an amount
established by the Board upon the recommendation of the Township Engineer. The escrow
deposit shall be maintained throughout the duration of the surface mining operation and
shall be used to cover all costs to the Township for engineering, consultant, legal and
inspection fees and other miscellaneous costs.
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(17) Approval shall expire if work authorized in the application for conditional use approval is
not commenced within 90 days of the date of the Board's approval of the application,
unless the applicant submits a written request for an extension to the Board prior to the
expiration of the 90 days, explaining the reasons for the delay in initiating the work, and
the Board approves the request.
(18) Once work is initiated under an approved application, zoning approval shall be valid for a
period of one year from the date of approval by the Board. An application for renewal of
zoning approval shall be submitted at least 90 days prior to the date of expiration of
zoning approval and can be granted by the Zoning Officer upon demonstration by the
applicant that all conditions of the approval and the required federal and Commonwealth
permits remain in full force and effect and that the applicant is diligently pursuing the
completion of the surface mining operation. Upon expiration or revocation of conditional
use approval for the use, the applicant shall reapply for approval.
C.
D.
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Mobile Home and Recreational Vehicle Park, as defined by this Chapter, conditional use in RR
District, subject to the following:
(1)
Submittal information required in the Penn Township Subdivision and Land Development
Ordinance for this use shall be provided for review and comment.
(2)
The minimum site required shall be 10 acres.
(3)
All property boundaries shall be screened as required by §190-630 of this Chapter.
[Amended 10-7-2002 by Ord. No. 757, and subsequent amendments]
(4)
Ingress, egress and internal traffic circulation shall be designed to ensure safety and access
by emergency vehicles.
(5)
The applicant shall demonstrate through the preparation of a Traffic Impact Analysis that
the granting of the proposed use shall not negatively impact levels of service on adjacent
roads and highways within 2,640 linear feet of the site boundaries.
(6)
Developments which include swimming pools shall comply with the provisions of § 190618 of this Chapter.
Communications facilities, conditional use in RR District. [Amended 5-22-2001 by Ord. No. 740]
(1)
The communications company is required to demonstrate, using technological evidence,
that the antenna must be located in the area it has proposed in order to satisfy its function
in the company's grid system.
(2)
If the communications company proposes to build a tower (as opposed to mounting the
antenna on an existing structure), it is required to demonstrate that it contacted the
owners of tall structures within a one-fourth mile radius of the site proposed, asked for
permission to install the antenna on these structures and was denied for reasons other
than economic ones. This would include smoke stacks, water towers, tall buildings, flag
poles, towers and antenna support structures of other communications companies and
other communications towers (fire, police, etc.).
(3)
The applicant shall demonstrate that the antenna is the minimum height required to
function satisfactorily. No antenna that is taller than this minimum height shall be
approved. In addition, no antenna shall exceed 200 feet in height.
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(4)
All communications towers must be stealth towers. A "stealth tower" is a communications
tower which is not recognizable as a conventional communications tower (e.g., a metal
lattice structure), but instead is disguised or concealed in such a fashion as to conform to
its surroundings. Examples of such stealth towers include a tower which looks like a tree or
one which is concealed in a church steeple or a barn silo.
(5)
The Penn Township Planning Commission may recommend a waiver of the stealth tower
requirement where the applicant can demonstrate that the requirement is not necessary
to protect the public health, safety and welfare, considering items such as impact on
surrounding and abutting property values; height; screening; number of uses per tower,
including public uses; location; and actual setbacks from occupied structures.
(6)
If a new antenna support structure is constructed (as opposed to mounting the antenna on
an existing structure), the minimum distance between the base of the support structure or
any guy wire anchors and any property line shall be the largest of the following:
(a) One hundred percent of antenna height.
(b) The minimum setback for principal structures in the zoning district.
(7)
If a fence is proposed around the antenna support structure and other equipment, the
fence shall be a minimum of eight feet in height. A chain link fence shall have privacy slats.
(8)
The following landscaping shall be required to screen as much of the support structure as
possible, the fence surrounding the support structure and any other ground level features
(such as the equipment building); and in general, efforts should be made to soften the
appearance of the communications site. If the antenna is mounted on an existing
structure, landscaping shall not be required.
(a) An evergreen screen shall be required around the perimeter of the site or leased
area. The screen can be either a hedge (planted three feet on center maximum) or a
row of evergreen trees (planted 10 feet on a center maximum). The evergreen screen
shall be a minimum height of six feet at planting and shall grow to a minimum of 15
feet at maturity.
(9)
In order to reduce the number of antenna support structures needed in the community in
the future, the proposed support structure shall be required to accommodate other users,
including other communications companies, and local police fire, ambulance services and
municipal authority and road departments. In addition, a linear two-mile separation shall
be maintained between communications towers, measured from the base of the support
structure.
(10) The communications company must demonstrate that it is licensed by the Federal
Communications Commission.
(11) Antenna support structures under 200 feet in height shall either be painted silver or have a
galvanized finish retained or be either stainless steel or aluminum in order to reduce the
visual impact. The antenna support structures shall be matted so as not to create a glare
or unsightly appearance. Support structures shall be painted green up to the height of the
nearby trees. Support structures near airports shall meet all Federal Aviation
Administration (FAA) regulations. No antenna support structure may be artificially lighted
except as provided for and required by the FAA.
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(12) A land development plan shall be required for all cell sites, showing the antenna, antenna
support structure, equipment building, fencing, landscaping, access to public rights-of-way
and all other information required in the Penn Township Subdivision and Land Development
Ordinance.9
E.
Uses not specifically listed, conditional use in all districts, subject to the following:
(1)
Uses of the same general character as any of the uses authorized as permitted uses,
conditional uses in a specific zoning district may be authorized if it is determined that the
impact of the proposed use on the environment and the adjacent streets and properties is
equal to or less than any use specifically listed in the zoning district. In making such
determination, the Planning Commission and Board of Commissioners shall consider the
following characteristics of the proposed use:
(a) The density of the use in the case of a residential development.
(b) The floor area of the building and gross area of the lot devoted to the operation of
the proposed use.
(c) The types of products, materials, equipment and/or processes involved in the
proposed use.
(d) The trip-generating characteristics and environmental impacts and the ability of the
proposed use to comply with the performance standards of § 190-635.
(e) The proposed use shall comply with all applicable area and bulk regulations and
standards and criteria for the most nearly comparable use in the zoning district.
(f)
The use shall be consistent with the purpose statement of the zoning district and
statement of community development objectives contained in §190-102 of this
Chapter.
(g) The use shall be generally consistent with the community goals established in the
Comprehensive Plan.
F.
9.
Mini-Warehouse/Personal Storage, conditional use in the NC District, subject to the following.
(1)
Minimum lot area required shall be five (5) acres.
(2)
No business activities other than rental of storage units or exterior vehicle storage in
designated parking areas shall be permitted.
(3)
The storage of flammable liquids, combustible or explosive materials, hazardous chemicals
or propane tanks shall be prohibited.
(4)
The perimeter of the entire site shall be provided with a minimum eight foot (8’) fence
with a self-latching or locked gate.
(5)
Public water or sanitary sewage shall not be provided to storage units.
(6)
The site shall have direct access to a collector or arterial roadway from one (1) two-way or
two (2) one-way access drives.
Editor's Note: See Ch. 156, Subdivision and Land Development.
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(7)
G.
H.
I.
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On-site parking shall be provided at a ratio of one (1) space for each fifteen (15) storage
units.
Off-Premises Advertising Signs, conditional use in the NC, and CC Districts, subject to the
following:
(1)
Such signs shall not be erected within five hundred feet (500’) of a residential district
boundary line.
(2)
Minimum separation between such signs shall be one thousand (1,000) linear feet
measured from the closest vertical edge.
(3)
Minimum setbacks established for the zoning district shall apply.
(4)
Such signs shall have a maximum surface area of two hundred and fifty (250) square feet
per sign face and shall have a maximum height of forty feet (40’) measured from the
existing ground level.
(5)
The applicant for erection of such sign shall provide a Certificate of Insurance for public
liability and property damage which holds the Township harmless.
Hospitals and Clinics, conditional use in the NC District, subject to the following:
(1)
Access shall be from a collector or arterial right-of-way.
(2)
Separate access for emergency vehicles shall be provided.
(3)
A pedestrian circulation plan from parking areas to facility entrances shall be provided.
(4)
Bufferyards and screening shall be consistent with the provisions of §190-630 of this
Ordinance and Article V of the Penn Township Subdivision and Land Development
Ordinance.
Oil and Natural Gas, conditional use in the MEO District, subject to the following:
(1)
The provisions of §190-635, Performance Standards shall apply.
(2)
The provisions of §190-641, Oil and Natural Gas Operations (Unconventional Gas Wells)
shall apply.
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§190-601
Zoning
§190-606
Article VI
Supplemental Regulations
Applicability.
The provisions of this Chapter shall be subject to such standards, additions or modifications as herein
provided by the following supplementary regulations.
Essential services.
A.
Essential services, as defined in this Chapter, shall be permitted in all districts.
B.
All essential services facilities which involve buildings proposed for storage of vehicles or
maintenance equipment shall be subject to the express standards and criteria of §190-635,
Subsection N(1) and the minimum bulk regulations of the district where proposed. Water
storage or facilities shall be subject to all district regulations where proposed including minimum
area and bulk regulations.
C.
The regulations of this Chapter shall not apply to any existing or proposed structure or use or
extension thereof used or to be used by a public utility corporation if, upon petition of the
corporation, the Public Utility Commission, after a public hearing, decides that the present or
proposed situation of the structure in question is reasonably necessary for the welfare of the
public.
Area and bulk regulations.
The area and bulk regulations for each of the zoning districts are shown on Table 2 in Appendix A. This
Summary Table is hereby incorporated in the text of this Chapter by reference. This Summary Table is
not complete in every detail, however, and must be used in conjunction with the detailed district and
supplementary regulations contained in Articles IV and VI of this Chapter.
Lot area measurement.
For the purposes of measuring lot area on exceptionally deep lots, only that part of the depth which is
less than six times the average width of the lot may be utilized in calculations.
Reduction in lot area.
Even though the total lot area may consist of one or more adjacent lots of record, no lot area shall be
reduced so that the required yards, lot area per family, lot width, building area or other requirements of
this Chapter cannot be met, except in the case of public utilities which may utilize a lot area for
transmission facilities, regulations, maintenance equipment and appurtenant structures which is less
than the minimum required for principal structures in the zoning district, provided that no structure is
proposed for human occupancy.
Yard requirements.
A.
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Permitted projections. The following construction may project into the required yard as
established herein:
(1)
Steps or stoops not exceeding 24 square feet in area.
(2)
Eaves, cornices, belt courses, chimneys, window sills, bay windows and other architectural
projections not exceeding 24 inches in depth.
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Zoning
(3)
Open fire escapes not exceeding 54 inches in depth.
(4)
Driveways.
§190-610
B.
Yards required for principal structures. Yards required for principal structures are shown on
Table A-2 in Appendix A.
C.
Coverage for accessory structures. Accessory structures to residential dwellings including, but
not limited to tool sheds and detached garages shall not exceed 30% of the total area of the rear
yard combined, measured between the side yards, the rear wall of the dwelling and the rear
property line.
D.
A detached minor garage, minor parking area (or carport), garden tool house or any other
permitted accessory structure may be located within the rear yard in any district, provided that
such accessory structure is located not less than 10 feet from the side or rear lot lines and not
closer to a street right-of-way line than the required building setback line and provided, further,
that such accessory structure shall not occupy more than 30% of the area of the required rear
yard. With regard to garden tool houses, the minimum separation from side and rear lot lines
shall be five feet, provided that the side wall of the structure does not exceed six feet in height
and the structure does not exceed 100 square feet in total floor area; otherwise, such tool
houses shall not be placed in required yard areas.
E.
No permanent accessory structure shall be constructed in any easement or right-of-way.
F.
No part of a yard or other open space required around any building for the purpose of
complying with the provisions of this Chapter shall be included as a part of a yard or other open
space similarly required for another building.
Height measurement.
A.
B.
Measurement of height shall be the vertical height from the average elevation of finished grade
at the front of the structure to the following:
(1)
In the case of flat roof structures, to the highest point of coping.
(2)
In the case of mansard roof structures, to the deckline of the roof.
(3)
In the case of gable or hipped roofs, the mean height level between the eaves and the
ridge.
A habitable attic shall be counted as a story.
Height exceptions.
The height limitations of this Chapter shall not apply to flagpoles, church spires, belfries, domes or
similar projections not used or intended for human occupancy nor to chimneys, ventilators, skylights,
conveyers, standpipes, derricks, water tanks, bulkheads, silos, and other necessary mechanical and
operational apparatus which are usually carried above the roof level. These exceptions exclude cellular
transmission towers, wind conversion energy systems, and amateur ham radio antennas in residential
districts.
Cellar dwellings.
No living quarters shall be provided for in a cellar, as defined herein.
Dwellings on lots of record.
Article VI
October 2014
Page 61
§190-611
Zoning
§190-613
If a recorded plat shows a front building line which exceeds the minimum required by this Chapter, in
any zoning district a single-family dwelling may be constructed in accordance with that recorded
building line without a variance where such use is permitted. Any lot of record which exhibits additional
nonconformities shall be further regulated by the applicable provisions of Article VIII.
Multiple structures on a lot.
A.
B.
Except where otherwise provided herein, after the effective date of this Chapter, every use of
land and every structure shall be located on a zoning lot as herein defined, and not more than
one principal structure shall occupy such zoning lot, unless it is part of a condominium
development proposed in accordance with §§190-632 and 633 et seq. of this Chapter or a land
development which proposes two or more residential buildings containing multifamily dwellings
on a single zoning lot. When more than one multifamily dwelling or when more than one
dwelling unit which is part of a condominium plan proposed in accordance with §§190-632 and
633 et seq. is erected upon a single zoning lot or tract, the minimum distances between
principal buildings shall be the following: [Amended 4-7-2003 by Ord. No. 771]
(1)
Front-to-front: 100 feet.
(2)
Front-to-rear: 60 feet.
(3)
Side-to-side: 40 feet.
(4)
Front-to-side: 60 feet.
(5)
Rear-to-side: 50 feet.
(6)
Rear-to-rear: 50 feet.
More than one industrial, commercial or institutional building may be erected upon a single lot
in districts permitting such land uses; however, the yards and open spaces required around the
boundaries of each such lot or tract shall not be encroached upon by such buildings, nor shall
there be any change in the intensity of use requirements. Such additional structures shall be so
arranged that future subdivision is readily possible without seeking a modification to Chapter
156, Subdivision and Land Development, or a variance to this Chapter and is in compliance with
all setback and parking requirements for such structures on single zoning lots.
Access management.
Any use involving, as a principal part of the conduct of business, the use or servicing of motor vehicles,
including, but not limited to an automotive repair or service station, automotive sales facility, car wash,
repair garage, community or public garage or parking area, distribution plant or warehousing, freight or
truck terminal, shall be so located that no vehicular entrance or exit shall be closer than 300 linear feet
measured centerline to centerline to an entrance or exit of any elementary or secondary or vocational
school, playground, church or public library located on the same side of a street or right-of-way or
within 150 feet of the nearest property line of any lot in a residential district. Similarly, no entrance or
exit to any elementary or secondary or vocational school, playground, church or public library shall be
located closer than 300 linear feet measured centerline to centerline to a vehicular entrance or exit of
such use as listed herein.
Recreational vehicle, camping and recreational equipment storage.
Recreational vehicles, as defined within the terms of this Chapter, may be parked or stored subject to
Page 62
October 2014
Article VI
§190-614
Zoning
§190-616
the following requirements:
A.
At no time shall parked or stored recreational vehicles be occupied or used for living or
housekeeping purposes.10
B.
Such vehicles shall be parked or stored in a side or rear yard where there is insufficient space on
an existing driveway or parking area to accommodate said vehicle.
Visibility at intersections.
Fences, hedges or other plantings, structures or walls shall not be located on corner lots so as to
obstruct the vision of vehicle operations across the corner lots. The height of such objects is hereby
restricted to three feet from pavement grade within the sight triangle (the area formed by extending
seventy-five foot lines along the center lines of two streets from the point of intersection of the center
lines and joining termini of the seventy-five foot lines to form a triangle).
Rubbish and refuse storage.
A.
No lot or premises shall be used as a garbage dump or a refuse area including the disposal of
construction material. No manure, rubbish or miscellaneous refuse shall be stored in the open
within any district where the same may be construed as a menace to public health, safety or
welfare.
B.
Outdoor storage of garbage, rubbish, trash, refuse, junk or discarded articles is prohibited in
every zoning district, except that garbage and rubbish stored in appropriate containers
originating from and stored upon single-family and multi-family residence zoning lots is
permitted, provided that such garbage and rubbish is removed from the premises not less often
than weekly. Manure may be stored outdoors on lots zoned RR Rural Resource where it does
not constitute a health hazard. In the RR District, feed lots shall be a minimum of 300 feet from
the lot line of a lot zoned R Residential.
C.
In every zoning district, every building containing five or more dwelling units may contain a
refuse room or areas or, in the alternative, may have erected on the same zoning lot a separate,
totally enclosed structure with a roof and concrete floor area designed consistent with the
design of the principal building, for the storage of such articles. The size of such room, area or
separate structure shall be sufficient to accommodate the maximum volume of such discarded
articles originating from the principal and accessory buildings and the zoning lot where situated.
The size and location of such refuse room area or separate structure shall be subject to the
approval of the Township Planning Commission as part of the site review of the land
development plan.
Commercial vehicle and equipment storage.
Commercial vehicles, including trucks in excess of one-ton capacity, tandems, tractor-trailers, tractors or
other commercial or construction or cargo-moving vehicles or equipment, shall not, under any
conditions, be stored or parked overnight in any R Residential District, other than on construction sites
for an approved subdivision or land development, on sites for which a valid grading, zoning or building
permit is in effect or on sites which are being used for agriculture, as defined by this Chapter.
10. Editor's Note: Former Subsections B and C, regarding the temporary and permanent parking of recreational vehicles, which immediately
followed, were repealed 8-15-2007 by Ord. No. 838.
Article VI
October 2014
Page 63
§190-617
Zoning
§190-619
Private swimming pools.
Private swimming pools, permanently fixed (in-ground) or portable (above-ground), capable of
containing water to a depth of any point greater than two feet, but not including farm ponds or open
tanks, are permitted as accessory structures in all residential zoning districts, provided that:
A.
The pool and any structure accessory thereto, including cabanas, decks, patios and similar
features, shall be located in the side or rear yard a minimum distance of 20 feet from any
property line;
B.
The pool and any structure accessory thereto are completely enclosed by a fence at least four
feet in height to protect persons or animals from trespassing and to assure that they are not
subject to danger or harm; and
C.
All openings in the fence are equipped with gates or doors equipped with a spring-loaded latch
located a minimum of four feet above the adjacent ground, which shall be locked when not in
use.
(1)
Pools extending four feet or more above ground grade shall be exempt from the fencing
requirement, provided that the pool has removable or retractable steps or ladders which
are removed or retracted at all times when the pool is not in use.
(2)
Retractable or removable steps or ladders on aboveground pools shall be retracted or
removed when not in use, unless the entire pool is completely enclosed by a minimum
four-foot fence.
Community or club swimming pools.
A community or club swimming pool shall be any pool constructed by an association of property owners
or by a private club for use and enjoyment by members of the association or club and its families.
Community and club swimming pools shall comply with the following requirements.
D.
The pool shall be intended solely for the enjoyment of the members, families and guests of
members of the association or club under whose ownership or jurisdiction the pool is operated.
E.
The pool and accessory structures thereto, including the areas used by the bathers, shall not be
closer than 100 feet to any property line of the property on which they are located.
F.
The swimming pool and all of the area used by the bathers shall be so walled or fenced as to
prevent uncontrolled access by children from the street or adjacent properties. Said fence or
wall shall not be less than six feet in height and shall be maintained in good condition. The area
surrounding the enclosure, except for the parking spaces, shall be landscaped with grass, hardy
shrubs and trees and maintained in good condition.
Private stables and hobby farms.
A.
Private stables.
(1)
Page 64
In any zoning district, a private stable may be permitted on a tract of land containing not
less than three acres. One horse (or pony) shall be permitted for the first three acres of
land and one additional horse (or pony) shall be permitted for each additional acre of land.
Foals which are less than six months old shall not be counted in the maximum number of
horses or ponies permitted per acre. Foals which are six months old or older shall be
counted.
October 2014
Article VI
§190-620
B.
Zoning
§190-620
(2)
A private stable shall be for the personal use of the owner and shall not involve rental,
boarding or any other profit-making activity.
(3)
All stables shall be located as far from property lines as is reasonable, and in no case shall a
stable be located closer than 100 feet to any occupied dwelling other than the stable
owner's dwelling.
(4)
No grazing shall be permitted closer than 50 feet to any occupied dwelling.
(5)
A stable owner shall not permit litter and droppings from the horses (or ponies) to collect
so as to result in the presence of fly larvae or objectionable odors.
(6)
The property shall be adequately fenced to properly enclose the horses (or ponies) and to
protect adjacent properties.
(7)
A copy of an approved manure management plan shall be submitted.
Hobby farms.
(1)
In any zoning district, a hobby farm may be permitted on a tract of land containing at least
three acres but less than 10 acres. Hobby farms may include any of the activities defined
as an agricultural operation in this Chapter. The hobby farm shall be restricted to personal
use and enjoyment, and any sale of animals or produce shall not constitute the principal
economic activity of the residents of the hobby farm.
(2)
Roadside stands for the sale of farm products and advertising for the sale of products
raised on the hobby farm or agricultural operation in the area shall not be permitted.
(3)
The number of animals maintained on a hobby farm, if any, shall be reasonably related to
the size of the property, the area available for grazing and the capacity of the land to
sustain the animals without creating a nuisance.
(4)
Buildings in which animals are kept shall be located as far from property lines as is
reasonable, and in no case shall such buildings be located closer than 100 feet to any
occupied dwelling other than the hobby farmer's dwelling.
(5)
No grazing shall be permitted closer than 50 feet to any occupied dwelling.
(6)
If animals are kept on the hobby farm, the property shall be adequately fenced to properly
enclose the animals and to protect adjacent properties.
(7)
A copy of an approved manure management plan shall be submitted.
Front yards on major highways.
No principal building or accessory building shall be located within 40 feet of the existing right-of-way line
or within 90 feet of the center line of a collector or arterial roadway, as defined, whichever results in the
deeper front yard, of any of the following major highways:
A.
State Route 66
B.
State Route 993
C.
Harrison City-Export Road
D.
Murrysville Road (State Route 4033)
Article VI
October 2014
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§190-621
Zoning
E.
Raymaley Road (State Route 4043)
F.
State Route 130
G.
Boxcar Town Road (State Route 4047 and Township)
H.
Hyland Road (State Route 4045)
I.
Pleasant Valley Road
§190-623
Uses requiring land development plan approval.
A.
For any structure or use other than a single-family dwelling, two-family dwelling or an accessory
use or structure in any zoning district, the Zoning Officer shall not issue a zoning permit for the
establishment of a new use or the construction of a new structure on any property unless a land
development plan has been approved in accordance with the procedures and requirements of
Chapter 156, Subdivision and Land Development. Any addition to or enlargement of a
nonresidential structure which constitutes either a 50% increase in the gross floor area of the
building or a total addition of 5,000 square feet shall require submission and approval of a land
development plan as a prerequisite for obtaining a zoning permit.
B.
Every land development plan submitted in accordance with the requirements of this section
shall contain such information and be in such form required by Chapter 156, Subdivision and
Land Development.
C.
In considering any land development plan, the safety and convenience of traffic movement,
both within the site covered and in relation to access streets to the site, and the harmonious
and beneficial relationships of buildings on the site, as well as contiguous properties, shall be
considered.
D.
Approval of a land development plan under the provisions of this section shall expire one year
after the date of such approval if zoning permits have not been obtained for construction in
accordance therewith.
E.
The Board of Commissioners shall transmit its report to the Zoning Officer within five days after
the date of the meeting at which final approval of the land development plan was either granted
or denied.
F.
This requirement for certain land development plans to be reviewed under Chapter 156,
Subdivision and Land Development, does not relieve the Zoning Officer of his duty to determine
whether or not the proposed use or building conforms to all regulations pertaining thereto as
set forth in this Chapter.
G.
Appeal from the action of the Township Commissioners may be made to the Westmoreland
County Court of Common Pleas within 30 days of notice of the decision on the application.
Minor land development
For the purpose of expediting applications and reducing site design and development costs, an informal
pre-application conference, where the owner/applicant submits a concept plan in accordance with
requirements for Minor Land Developments in Chapter 156, Subdivision and Land Development, shall
take place during a regularly scheduled Planning Commission meeting.
General off-street parking and access management requirements. [Amended
11-24-1997 by Ord. No. 689; 2-27-2002 by Ord. No. 748]
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October 2014
Article VI
§190-623
A.
Zoning
§190-623
In all districts, in connection with every industrial, business, institutional, recreational,
residential or other use, there shall be provided, at any time any building or structure is erected
or is enlarged or increased in capacity, off-street parking spaces for vehicles in accordance with
the following requirements:
(1)
Parking space dimensions.
(a) Perpendicular and angled parking spaces shall have minimum rectangular dimensions
of 10 feet in width, 18 feet in length and a minimum of 180 square feet of area,
exclusive of access aisles, and curbs.
(b) Parallel parking spaces shall have minimum rectangular dimensions of 10 feet in
width and 22 feet in length, exclusive of access aisles, and curbs.
(2)
Access aisle dimensions.
(a) Single lane one-way access aisles for parallel parking shall be a minimum of 12 feet in
width.
(b) Single lane one-way access aisles for forty-five-degree-angled parking shall be a
minimum of 13 feet in width.
(c) Single lane one-way access aisles for sixty-degree-angled parking shall be a minimum
of 17 1/2 feet in width.
(d) Access aisles for ninety-degree-perpendicular parking and two-lane two-way travel
shall be a minimum 24 feet in width.
(e) Angled parking, other than ninety-degree, shall have access aisles restricted to oneway traffic lanes, permitting head-in parking.
(f)
No driveway, access aisle or street used for interior circulation shall have traffic lanes
less than 12 feet in width.
(g) Drive-through lanes for service and commercial uses shall be a minimum of 10 feet in
width.
(h) Single lane access aisles shall be separated from any right-of-way line or property line
by a landscape strip a minimum of 10 feet in width, except where the ingress or
egress to the parking area may cross the landscape strip or a shared driveway or
primary access driveway is proposed.
(i)
Shared driveways and access drives are encouraged and preferred in order to
eliminate left turn movements across opposing traffic.
(j)
When two adjacent property owners agree to combine access points, the Township
may grant an incentive, in which case the required number of parking spaces would
be reduced by 15% for each development.
(k) The shared driveway or access drive midpoint or centerline should be the concurrent
with the property line between two parcels.
(l)
Article VI
Shared driveways and access drives shall meet the minimum Township driveway
standards.
October 2014
Page 67
§190-623
Zoning
§190-623
(m) Driveways and curb cuts shall have direct alignment with driveways and curb cuts on
opposite lots. This requirement may be waived if a direct alignment will create a sight
distance problem.
(n) All required parking spaces shall be provided on the same lot with the principal use
generating the need for parking, or by agreement with adjacent property owners on
adjacent properties.
(o) When several uses are proposed on the same lot, the parking requirements for each
of the uses shall be calculated separately.
(3)
Interconnection of off-street parking areas.
(a) To reduce the number of curb cuts along public streets in developing areas and
commercial corridors, parking areas shall be connected to adjacent parcels through
rear or side yard access drives constructed parallel to the public street. In the event
the adjacent property has an existing development, the owner/developer of the
proposed land development shall design an interconnection with the adjacent
property. The owner of the proposed development may request a waiver of this
provision if it can be shown that the interconnection is not feasible or that the
adjacent owner will not consent to a reciprocal ingress and egress arrangement.
(b) The interconnection of off-street parking areas shall provide improved interior
circulation and a secondary point of access to development sites while pass-through
traffic remains on the collector or arterial roadway.
(c) Access drives shall be constructed in accordance with the Township roadway and
driveway standards based on anticipated volumes.
(4)
Required parking areas shall be constructed to the following minimum standards:
(a) Parking areas with five or more parking spaces shall be graded for proper drainage
and surfaced as to provide a durable and dustless surface constructed of asphalt,
concrete, prefabricated pavers or equivalent surface approved by the Township.
(b) A stormwater management plan, consistent with the Township's stormwater
management requirements,11 shall be submitted for parking areas requiring five or
more parking spaces.
(c) For all parking areas with five or more spaces, the entire street frontage, except
where ingress or egress points are proposed, shall be curbed to restrict access to the
parking area. This requirement is subject to receiving approval from the Pennsylvania
Department of Transportation where the parking abuts a Commonwealth owned and
maintained right-of-way.
(d) All parking areas requiring five or more spaces shall provide clearly delineated space
utilizing painted lines, markers or wheel stops.
11.
Editor's Note: See Ch. 144, Stormwater Management.
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October 2014
Article VI
§190-623
Zoning
§190-623
(e) Parking spaces shall be provided with bumper guards or wheel stops, where
necessary, for pedestrian safety or the protection of adjacent structures, property or
landscaping.
(f)
Where unique site conditions or circumstances exist, the Township may recommend
approval of alternate designs and the Board of Commissioners may approve the use
of alternate designs and materials for parking and overflow parking areas.
(g) Parking areas for uses requiring greater than 100 spaces shall be designed and
constructed in modules separated by low-level landscaping, a landscaped pedestrian
walkway, or a defined access drive.
(h) The size of any parking area module shall be limited to 50 vehicles.
(i)
Planted terminal islands with exterior pole mounted lighting shall be installed at both
ends of each row of parking.
(j)
No more than 50 parking spaces shall be provided in an unbroken row without the
provision for internal or terminal landscape islands.
(k) Terminal and internal landscape islands shall be a minimum of 10 feet wide with a
total area of 160 square feet of landscape area.
(l)
B.
A landscaped divider strip, a minimum of 10 feet in width, shall be placed at every
third row of adjoining parking to prohibit traffic movement across parking aisles.
Determination of number of required parking spaces. The minimum number of parking spaces
required shall be as follows:
Use
Minimum Number of Required Spaces
None, except 1 for every 200 square feet of gross floor
area of buildings used for the sale of products produced
on premises
Amusement park
1 for every 200 square feet of gross land area, plus 1 for
every 3 persons that the outdoor facilities are designed
to accommodate when used to maximum capacity
Automotive gas/convenience
1 for every 100 square feet of gross floor area; 1 for each
fuel dispenser; 2 for each service island for reserve
stacking space
Automotive repair
3 for each bay in addition to 1 for each employee on the
largest shift
Automotive sales including but not limited 1 for every 2,000 square feet of net lot area excluding
to passenger vehicles, trucks, heavy landscaping (excluding automobile display areas)
equipment, ATV and motorcycle’s
Bed-and-breakfast
1 for each sleeping room, plus 2 for the permanent
residents, plus 1 for each employee on the largest shift
Bowling alley
4 for each lane
Bulk fuel storage
1 for each employee on a peak shift, but not less than 4
Cemetery
1 for each employee, plus 1/4 space for every seat of a
chapel or assembly room
Clubs, bars or taverns
1 for every 150 square feet of gross floor area
Agriculture
Article VI
October 2014
Page 69
§190-623
Zoning
§190-623
Use
Minimum Number of Required Spaces
1 for every 400 square feet of gross floor area, but not
less than 4
Community center
1 for every 150 square feet of gross floor area
Contractor's yard
1 for every 1,000 square feet of gross floor area plus one
for every 1,000 square feet of outdoor storage area
Convention or exposition center
1 for every 3 1/2 seats for areas with fixed seating, plus 1
for each 100 square feet of assembly area or display area
without fixed seating, plus 1 for every 2 employees on
the largest shift
Dance or martial arts school
1 for every 200 square feet of gross floor area
Day-care center
1 for each employee on the largest shift, plus one for
every 6 persons based on regulated maximum capacity
Drive-in establishment (unless otherwise 1 per employee on the largest shift, plus 8 reserve
specified)
stacking spaces for the first drive-through window, plus 5
reservoir stacking spaces for each additional window
Emergency services (public or private)
1 for each emergency vehicle, plus 1 for each employee
on the largest shift
Financial institution
1 for each 300 square feet of gross floor area, plus 5
reservoir stacking spaces for each drive-up teller
Golf course
4 for each green, plus 50% of the requirements for any
other associated use
Government facilities
1 space for each employee on the largest shift, plus
additional spaces as determined from a parking analysis
based on the highest occupant load for uses by the
public
Greenhouse, retail
1 1/2 for every 1,000 square feet of gross floor area
Group Care facility
1 for every 2 employees on largest shift plus 3 visitor
spaces
Group home
1 for every 4 beds, plus 1 for each staff position during
the peak shift
High school
3 for each classroom and administrative office, plus 1 for
every 4 students or 1 for every 4 seats in places of
assembly or facilities available to the public, whichever
requirement is greater
Home based business
required spaces for the dwelling unit
Hospital, medical center or treatment facility 1 3/4 for each bed, plus 1 for every 175 square feet of
office, clinic or exam room space, plus one for every two
employees on largest shift
Indoor entertainment facility
1 for every 100 square feet of gross floor area
Indoor Recreation
1 for every 200 square feet of gross floor area, plus 1 for
each employee on largest shift
Library, art gallery or museum
1 for every 600 square feet of gross floor area open to
the public
Logging or forestry operation
None
Commercial kennel
Page 70
October 2014
Article VI
§190-623
Use
Machine and repair shop
appliances
Manufacturing, heavy
Zoning
for
§190-623
Minimum Number of Required Spaces
small 1 for every 400 square feet of gross floor area
1 for every 1,250 square feet of gross floor area, plus 1
for every 350 square feet of gross office or sales area
Manufacturing, light
1 for every 1,000 square feet of gross floor area, plus 1
for every 350 square feet of gross office or sales area
Mini-warehouse (self-storage)
1 for every 100 storage units, plus 1 for each
management staff
Mortuary/funeral home
1 for every 6 chapel or parlor seats
Motel, hotel
1 for each sleeping room, plus one space for each
employee on largest shift
Multiple-family dwelling
1 1/3 spaces for each unit with 2 bedrooms or less, and 2
for each unit having more than 2 bedrooms
Nursery school, elementary school, jr. high 3 for each classroom and administrative office or 1 space
or middle school
for every four seats in places of assembly available to the
public, whichever requirement is greater
Offices
1 for every 350 square feet of gross floor area
Offices, including clinic, medical/dental gross 1 for every 200 square feet of gross floor area
floor area office or outpatient facility area
Photographic studio
1 for every 300 square feet of gross floor area
Printing or publishing
1 for every 1,000 square feet of gross floor area, plus 1
for each 350 square feet of gross office or sales area
Public or private recreation facility (including 1 for every 100 square feet of interior gross floor area
but not limited to tennis, fitness, health, recreation or entertainment area plus one space per ¼
swimming, agritourism.)
acre of site area
Public utility facility
1 space for every 350 square feet of gross office area,
plus 1 for every 1,000 square feet of gross floor area of
any other use
Recycling collection facility
1 for each commercial vehicle operated by the facility,
plus sufficient spaces to accommodate the peak load of
customers
Religious establishment
1 for every four seats in places of assembly
Research and development facility which 1 for every 350 square feet of gross floor area
contains no manufacturing, assembly,
warehousing, storage or transfer
Research and development which contains 1 for each employee on the largest shift, plus 1 for each
manufacturing, assembly, warehousing, loading dock
storage or transfer facility
Restaurant other than drive through
1 for every 65 square feet of gross floor area
Restaurant, drive-through
3 for every 100 square feet of gross floor area
Retail business or shopping center
1 for each 200 square feet of gross floor area
Riding academy
1 for each horse stall
Showroom/warehouse
sales,
carpet, 1 space for every 400 square of showroom or offices,
furniture
plus 1 space for every 1,000 square feet of gross storage
Article VI
October 2014
Page 71
§190-623
Zoning
§190-623
Use
Minimum Number of Required Spaces
or warehouse space
Single-family dwelling
2 for each unit
Solid waste disposal site, incinerator
As determined by the Township following a parking
analysis
Specialty retail including but not limited to 1 for each 200 square feet of gross floor area
antique shop, sporting goods and electronics
Telecommunications tower
2 for each tower
Trade school, college or university
1 for every 2 students based on design capacity of
building, as approved by the Township.
Transportation service (including, but not 1 for each vehicle stored on the site, plus 1 space for
limited to bus garage, taxi cabs, etc.)
each employee on the peak shift
Tree nursery
1 for each staff position during the peak shift, plus
sufficient spaces to accommodate the peak load of
customers
Truck or freight terminal
1 for every 350 square feet of gross office area, plus 1 for
every 1,000 square feet of gross floor area of any other
use
Vehicle rental
1 for every 700 square feet of gross floor area, plus 1 for
every 400 square feet of office, sales and other space to
be used by customers and sales staff
Vehicle washing facility
1 for each employee, plus reservoir spaces in multiples
of 6 for each bay
Veterinary
1 for every 250 square feet of gross floor area
Warehousing, storage or transfer
1 for every 350 square feet of gross office or sales area,
plus 1 space for every 1,000 square feet of gross floor
excluding office and sales areas
Waste transfer facility
As determined by the Board of Commissioners following
a parking analysis
C.
Fractional numbers shall be increased to the next highest whole number when calculating
required parking spaces.
D.
Any modification or variance to the required number of parking spaces shall be supported by a
parking needs analysis. The parking needs analysis shall document anticipated parking needs
based on the combined utilization of all facilities on site simultaneously and at full operation or
demonstrating that the hours or days of peak parking needed for the use are so different that a
lower total will adequately provide for all uses served by the facility. The parking needs analysis
shall be prepared by a person or firm trained or certified to perform such studies.
E.
Accessible parking requirements.
(1)
Page 72
Accessible parking, as defined in the Americans with Disabilities Act, shall be provided as
per the following standards:
October 2014
Article VI
§190-623
Zoning
Total Number of
Parking Spaces
Required
1 to 25
26 to 50
51 to 75
76 to 100
101 to 150
151 to 200
201 to 300
301 to 400
401 to 500
501 to 1,000
Minimum Number of
Accessible Spaces
Required
1
2
3
4
5
6
7
8
9
1,001 and over
20, in addition 1 for
each 100 over 1,000
spaces
2% of total spaces
§190-623
Minimum Number of VanAccessible Spaces
Required
1
1
1
1
1
1
1
1
1
1 of every 8 accessible
spaces
1 of every 8 accessible
spaces
(2)
Valet parking facilities are not required to provide accessible parking spaces; however it is
recommended that self-parking accessible spaces be provided.
(3)
Accessible parking spaces shall be located on the shortest route of pedestrian travel from
adjacent parking to an accessible building entrance.
(4)
Accessible spaces shall be dispersed and located closest to accessible entrances of
buildings with multiple entrances.
(5)
In parking facilities that do not serve a particular building or land use, accessible parking
shall be located on the shortest pedestrian accessible route to an accessible entrance to
the facility.
(6)
Accessible parking spaces shall have the following minimum dimensions:
(a) Parking space width: 10 feet.
(b) Accessible aisle width: five feet.
(c) Vertical clearance: six feet eight inches.
(7)
Van-accessible parking spaces shall have the following minimum dimensions:
(a) Parking space width: 10 feet.
(b) Accessible aisle width: eight feet.
(c) Vertical clearance: eight feet two inches at parking spaces and along at least one
vehicular route to the space.
(8)
Universal parking spaces shall have the following minimum dimensions:
(a) Parking space width: 11 feet.
(b) Accessible aisle width: five feet.
Article VI
October 2014
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§190-624
Zoning
§190-624
(c) Vertical clearance: eight feet two inches at parking spaces and along at least one
vehicular route to the space.
(9)
Two accessible parking spaces may share a common accessible aisle.
(10) Parked vehicle overhangs shall not reduce the clear width of an accessible route.
(11) Curb ramps shall not be permitted within the required area of accessible aisles.
(12) Accessible and universal parking spaces shall be designed as reserved by a sign showing
the international symbol of accessibility.
(13) Van accessible parking spaces shall have a sign showing the international symbol of
accessibility with the phrase `van accessible' below the symbol of accessibility.
(14) Accessible signs shall be located as not to be obscured by a parked vehicle.
(15) Accessible parking spaces, passenger loading zones and access aisles shall have a
maximum slope and cross slope of 2%.
Off-street loading requirements.
A.
For all business and industrial uses in the NC, CC, and IC Districts which require the receipt or
distribution by vehicle of material or merchandise, off-street loading spaces shall be required in
accordance with the following ratios.
(1)
For freight terminals, industrial or manufacturing establishments, retail or wholesale
stores, personal or business service establishments, storage warehouses or any similar
uses which receive deliveries, off-street loading berths shall be required as follows:
Gross Floor Area (square feet)
Under 10,000
10,000 to 19,999
20,000 to 39,999
40,000 to 65,000
For each additional 20,000
(2)
For auditoriums, convention or exhibit halls, sports facilities, hotels and motels, office
buildings, restaurants, nursing homes, hospitals, schools, apartment buildings, public
buildings and similar uses which receive deliveries, off-street loading berths shall be
required as follows:
Gross Floor Area(square feet)
Under 40,000
40,000 to 59,999
60,000 to 99,999
100,000 to 160,000
Over 160,000
Page 74
Number of Berths Required
None
1 berth
2 berths
3 berths
1 additional berth
Number of Berths Required
None
1 berth
2 berth
3 berth
4 berth
October 2014
Article VI
§190-625
Zoning
§190-627
B.
Each loading space shall be a minimum of 12 feet in width and 35 feet in length, with an
overhead clearance of 14 feet. The area used for loading spaces shall not be used to satisfy offstreet parking requirements.
C.
All loading spaces shall be on the same lot as the principal use which they are intended to serve.
No loading space shall be permitted in a required front yard. Loading spaces shall be located at
least 30 feet from the nearest point of intersection of any two streets.
D.
Loading spaces which face lots developed or undeveloped zoned for residential use shall be
screened by a six-foot-high hedge, wall or fence along the perimeter property lines.
Parking in driveways.
The provisions of this Chapter shall not be held to prohibit the parking of automobiles of occupants,
customers, patrons or guests in a driveway within any required yard.
Parking requirement options.
A.
Shared Parking: Parking requirements can be reduced by up to fifty percent (50%) in the NC
Neighborhood Commercial District if the developer/property owner can reach a written
agreement with an adjacent or approximate (within one hundred and fifty feet of the nearest
primary public access building entrance) property owner of a compatible use. A compatible use
would be defined as a use which is proven to have excess parking, greater than the requested
parking reduction, during the peak parking demand hours of the subject development based on
use characteristics. A continuous ADA accessible path must be provided from the shared
parking lot to the nearest primary public access building entrance. A plot plan which identifies
said shared spaces, accompanied by a signed statement between property owners entering into
such agreement shall be submitted to the Penn Township Director of Community Development
for approval.
B.
Remote Parking: Parking can be provided off-site (on a separate lot) in the NC District within
two hundred and fifty feet (250’) of the nearest primary public access building entrance
generating the need for such parking. A written agreement shall be required to ensure the
maintenance of the remote parking lot until the required number of parking spaces per this
Chapter is constructed on the subject lot or a permanent reciprocal parking agreement is
recorded. Remote parking includes constructing new public parking spaces in a municipal
parking facility, leasing private parking spaces in a public or private parking facility, or acquiring
a joint development agreement with another property owner for the provision and maintenance
of additional parking spaces on their property. A continuous ADA accessible path must be
provided from the shared parking lot to the nearest primary public access building entrance.
Temporary construction trailers or sheds; model homes; sales offices.
Temporary construction trailers or equipment storage sheds, model homes or sales offices shall be
permitted in any zoning district subject to the following conditions:
A.
Temporary construction trailers or storage sheds shall be permitted only during the period that
the construction work is in progress. Model homes or sales offices shall be permitted only until
the last lot or dwelling unit in the final phase of the development is sold. A permit for the
temporary structure or use shall be obtained from the Zoning Officer prior to the
commencement of construction and shall be renewed annually for multi-phase developments.
Article VI
October 2014
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§190-628
Zoning
§190-629
B.
Temporary construction trailers or storage sheds shall be located on the lot on which the
construction is progressing and shall not be located within 15 feet of any property line adjoining
a residential use.
C.
Temporary construction trailers or sheds shall be used only as temporary field offices and for
storage of incidental equipment and supplies and shall not be occupied as a dwelling unit.
D.
No combustible materials shall be stored in temporary construction trailers or storage sheds.
E.
Model homes shall be located on a separate lot and shall meet all the dimensional
requirements for permanent dwellings in the zoning district in which they are located. Sales
offices may be located in a model home or may be located in a trailer located on a vacant lot in
the plan or on the site of construction. If the sales office is located in a trailer, the trailer shall
not be located within 15 feet of any property line adjoining an occupied residential use.
F.
Model homes or sales offices located in a trailer shall not be utilized for any dwelling use
whatsoever during the time they are approved as a temporary use or structure in accordance
with the provisions of this section.
G.
Model homes or sales offices shall be used primarily for sales associated with the development
in which they are located and shall not be used as the only place of business for the listing
realtor.
Underground utilities.
Every use in the NC, CC and MDR Districts shall, at the time of their development, have all proposed onsite utilities servicing the use installed underground.
Surface mining applications.
A.
Page 76
Application procedure. An application for conditional use approval for surface mining where
such uses are permitted shall include a written certified application of the person proposing to
remove or cause removal of the coal, sand, gravel, limestone or other minerals excluding oil and
gas. An original and six copies of the application shall be submitted to the Township Zoning
Officer and shall include the following information, along with copies of all approvals and
permits required by Commonwealth and federal agencies concerned with the regulation of
surface mining or protection of the environment or natural resources:
(1)
The name and address of the applicant and the source of the applicant's right to remove
the coal or mineral deposit and whether applicant is an owner, lessee, licensee or
permittee. In all cases where an applicant is not the owner, a signed and executed copy of
the contract with the owner must be attached;
(2)
The purpose of the proposed coal or minerals excluding oil or gas removal;
(3)
The amount of coal or minerals excluding oil and gas proposed to be removed and the
area of land to be affected by the extractive activities and type of equipment proposed on
the site;
(4)
A legal description of the tract of land from which extraction is proposed;
(5)
The depth to which such removal is to be accomplished;
(6)
The manner in which the material will be removed and a description of any drilling or
blasting which is necessary and the frequency;
October 2014
Article VI
§190-630
Zoning
§190-630
(7)
The proposed hours of operation, if the application is approved, and the number of on-site
employees;
(8)
The Township and state roads to be utilized in the transportation of the coal or minerals
excluding oil and gas and the weight restricted segments identified;
(9)
The amount and type of performance bond to be posted by the operator and the
conditions of performance for all Commonwealth requirements pertaining to reclamation
and other environmental aspects and for excess maintenance of Township roads which
may be required by the transportation of said mineral;
(10) The duration of the surface mining operation, including the removal of overburden, the
removal of coal or minerals excluding oil and gas and the restoration of the site;
(11) Approximate number of truckloads per day and whether by operator or contract hauler
and the size of an average load by ton;
(12) Previous experience by the applicant in surface mining, the number of operations, the
location and present status, an explanation if performance bonds forfeited or if the
applicant conducted surface mining elsewhere under other company or corporate names;
(13) The known effect of previous surface mine operations of the applicant on wells or
underground water supply of surrounding lands; and
(14) A map or maps of the site proposed to be surface mined, at a scale of one inch equals 100
feet, containing:
(a) A periphery survey of the entire property.
(b) The dimensions of the area proposed for surface mining.
(c) Topography at ten-foot contour intervals.
(d) The location of the property in relation to existing houses, major roads, parks and
public institutions.
(e) The names and addresses of all property owners within a radius of 500 feet of the
perimeter of the area proposed for surface mining.
(f)
Provisions for screening, fencing and landscaping where proposed to protect
adjacent properties.
Landscape Screening and Bufferyards
A.
Landscape screening and bufferyard standards are intended to provide natural transition areas
between developed lots, tracts and parcels. The standards will facilitate this in the following
ways:
(1)
Specific standards and criteria are provided in Chapter No. 156, Article V, Subdivision and
Land Development.
(2)
General landscape screening standards are intended to assist in the development of more
attractively landscaped outdoor spaces and provide for a greater sense of continuity
within individual developments and smoother transition from one development to
another.
Article VI
October 2014
Page 77
§190-631
Zoning
§190-631
(3)
The parking lot landscaping requirements should result in more shade, reduced glare and
heat build-up, and less of the visual monotony created by large expanses of pavement and
large numbers of parked cars.
(4)
In all zoning districts, bufferyard depths shall not be required to exceed the front, side, or
rear yard setback depths of the zone.
(5)
Bufferyards and landscape screening shall only apply where dissimilar uses are adjacent to
one another; see the Table B-1, Bufferyards – Land Use Matrix. Further, redundant
bufferyards on abutting lot lines shall not be required.
(6)
In all zoning districts, fences, decorative walls, and/or retaining walls can be substituted
for bufferyard requirements where approved by the Penn Township Community
Development Department.
(7)
The Community Development Director has the legitimate authority to grant de minimus
modifications to the landscape screening and bufferyard requirements.
(8)
Bufferyard standards, requiring appropriate buffers between incompatible land uses, will
reduce negative impacts of more intense uses relative to less intense adjacent uses.
General area provisions and exceptions.
A.
Any portion of a lot once used as a yard or as lot area in compliance with the area requirements
of the district regulations of this Chapter shall not be counted again as required yard or lot area
for another structure.
B.
On a through lot, the rear yard depth shall be not less than but need not exceed the required
depth of front yard in the district in which such lot is located.
C.
No zoning lot which is a lot of record in an approved subdivision shall be used as part of a public
street right-of-way to provide access to adjoining undeveloped property.
D.
Screening. [Amended 7-21-1998 by Ord. No. 707]
E.
Page 78
(1)
In R Residential Zoning Districts, a screening wall or fence no more than six feet in height
may be erected in any required side or rear yard or within the buildable area of the zoning
lot. Decorative fences which are at least 50% see-through and which are no higher than
four feet may be erected in the required front yard of a residential zoning lot, provided
that they are at least five feet from the street right-of-way. In the event that the
municipality must perform work within the street right-of-way which requires the removal
of the aforesaid fence or screen wall, the property owner shall be responsible for the
removal and replacement of the same. A fence not exceeding 12 feet in height may be
built in any required yard for schools, playgrounds or parks.
(2)
In commercial or industrial districts, a fence not exceeding 10 feet in height (except as
otherwise provided for herein) may be built in any required side or rear yard.
Public service lines for the transportation and distribution and control of water, sewer and
storm water, electricity, gas, oil, steam, telegraph and telephone communications or railroad
tracks and supporting members, other than buildings proposed for human occupancy or storage
of vehicles or maintenance equipment, shall not be required to be located on an individual
zoning lot nor be held to reduce the required yard dimensions for other structures on a lot.
October 2014
Article VI
§190-632
F.
Zoning
§190-633
Landscape features, such as trees, shrubs or flowers, soil cultivation plants and plantings, shall
be permitted in any required yard, provided that when in a front yard they do not constitute a
violation of the sight triangle required by §190-614 of this Chapter for a corner lot only.
Condominiums.
12 [Added 6-11-2002
by Ord. No. 753]
A condominium ownership arrangement for multi-residential uses is permitted in the MDR, NC and CC
Districts, as permitted uses subject to the area requirements and related standards set forth in Article IV
and Article VI. Further, said condominium proposal shall comply with this Ordinance where multiple
condominium buildings are proposed on a single parcel.
Condominium plans, procedures and proposals. [Added 6-11-2002 by Ord. No.
753]
A.
Any proposed condominium whether to be created by new construction or by the conversion of
existing occupied multi-family buildings shall first be reviewed and recommended to the Board
of Commissioners of Penn Township, by the Penn Township Planning Commission, and shall be
given final approval by the Board of Commissioners of Penn Township prior to the issuance of a
zoning/building or occupancy permit.
B.
Condominium plans and proposals must include in addition to all other applicable requirements
the following:
(1)
A reference to the unit property act and an expression of the intention and procedure to
be used to comply with the unit property act.
(2)
A description of the land and the proposed building or buildings and the proposed density
expressed in dwelling units per gross acre.
(3)
The name by which the property will be known.
(4)
The statement by which the common elements and the living units will be governed and
maintained within the development.
(5)
A description of the common site and structural elements including drainage, common
open space or recreation areas and divided or individual interests that are assigned to
each unit of the condominium. Where percentages of a common element are divided
among the units, they shall equal 100% and no part of the common elements shall be left
unaccounted for.
(6)
The names and addresses of the condominium association governing members. This roster
or list shall be kept current and all changes must be reported to the Township Planning
Department within a period of 30 days.
(7)
Any further details in connection with the property which the party or parties executing
the declaration may deem appropriate and consistent with the Code of the Township. In
addition, any other detail or information that the Board of Commissioners or the Planning
Department may require to properly review the proposal and to assure the public's health,
welfare, safety and property rights are protected.
12.
Editor's Note: Former §§ 190-60, Minor excavations, and 190-61, Major excavation, grading or filling, were repealed 4-16-2001 by Ord.
No. 738. See now Ch. 105, Land Disturbance Activity.
Article VI
October 2014
Page 79
§190-634
C.
Zoning
§190-635
Approval of a condominium proposal.
(1)
Upon receiving a recommendation for approval by the Planning Commission, the plan and
proposal will be forwarded to the Board of Commissioners. The recommendation for
approval or denial shall be accompanied by findings and comments from the Planning
Commission.
(2)
After the Board of Commissioners has approved the proposal, duly certified copies shall be
distributed as follows. A denial of the condominium proposal shall not require the
distribution of application materials:
(a) One copy to the applicant;
(b) One copy to the Recorder of Deeds:
(c) One copy to the Westmoreland County Planning Department;
(d) One copy to the Township files;
(e) One copy to the Penn Township Planning Commission;
(f)
D.
E.
One copy to the Penn Township Planning Department.
Where existing structures are to be converted to a condominium, the following shall apply:
(1)
Where two or more persons living in a dwelling unit independently of each other is
intended for conversion by the owner or owners into a condominium, the occupants of
such dwellings shall not be required to vacate the dwelling until the expiration of the
lease.
(2)
All provision restrictions and benefits as applied to newly constructed condominiums as
set forth in provisions shall apply to a converted condominium.
Fees and costs of condominiums.
(1)
The fees and cost of condominium application reviews shall be consistent with those of
subdivision requests.
(2)
Condominium filing procedures shall follow the same procedure and shall be as
subdivision applications, utilizing the following format:
(a) Sketch plan;
(b) Tentative approval; and
(c) Final approval.
Landscape gardening.
Gardens for raising flowers, shrubbery, trees, fruit or vegetables for personal enjoyment and not for
resale are permitted in any district and may extend into the required front, side and rear yards.
Performance Standards.
A.
Page 80
Compliance. No use, land or structure in any district shall involve any element or cause any
condition that may be dangerous, injurious or noxious, or cause offensive odor, smoke, dust,
dirt, noise, vibration, glare, excessive traffic, attract vermin or rodents or constitute a nuisance
or be a detriment to the health, safety, moral or general welfare of the community or to any
October 2014
Article VI
§190-635
Zoning
§190-635
other person or property in the Township. All uses in all districts shall be subject to the following
standards of operation.
B.
The developer shall determine the presence of environmental or natural features on any site
proposed for land development and shall meet the following standards for environmental
protection. Site alterations, erosion and sedimentation control, regrading, filling, the clearing of
vegetation or timbering and forestry activities with applicable and current permit issued by the
appropriate Federal, Commonwealth or local agency prior to approval of the plans for
development shall be a violation of this Section.
(1)
Floodway delineation. One hundred (100) year floodways shall be delineated as per the
provisions of the current Township regulations. Within the floodway, the following uses
and activities having a low flood damage potential and not obstructing flood flows shall be
permitted, provided that they are in compliance with the provisions of the underlying
District and are not prohibited by any other Ordinance, and do not require structures, fill
or storage of materials and equipment:
(a) Agricultural uses;
(b) Public and private recreational uses and activities such as parks, picnic grounds,
hiking and horseback riding trails, wildlife and nature preserves, hunting and fishing;
(c) Accessory residential uses such gardens and play areas without permanently affixed
structures.
(d) Parking lots and areas.
(2)
Floodplains. For the purpose of this Section, on normally dry land area adjacent to stream
channels that is susceptible to being inundated by overbank stream flows, development
activities shall be regulated as per the provisions of the current Township floodplain
management standards.
(3)
Steep slopes. In areas of steep slopes defined as slopes above 15%, the following
standards shall apply, except as may be approved by the Township Engineer:
(a) Sixteen percent to twenty-four percent. No more than 60% of such areas shall be
developed and/or regraded or stripped of vegetation.
(b) Twenty-five percent or more. Earth disturbance activities in these areas in
preparation for development are restricted except as approved by the Township
Engineer.
(4)
Forest. No more than 50% of any forest as defined may be cleared or developed, unless
trees are the primary crop being harvested. Where timber harvesting is proposed, a
woodlot management plan shall be submitted prior to any tree removal.
(5)
Ponds, watercourses or wetlands. No development, filling, piping or diverting shall be
permitted except for required roads and utility line extensions, unless permitted by the
appropriate Commonwealth, county or regulatory agency.
(6)
Stormwater drainage and management. All plans shall comply with the provisions of the
Penn Township Subdivision and Land Development, and all amendments thereto with
regard to the design and construction of stormwater management facilities.
Article VI
October 2014
Page 81
§190-635
(7)
Zoning
Soil erosion and sedimentation.
Ordinances.
§190-635
See Chapter 144 of the Penn Township Code of
C.
Odor. Those standards for the control of odorous emissions established by the Pennsylvania
Department of Environmental Protection (PADEP) shall be applied in all zoning districts. Where
an odor is deemed offensive a duly authorized Township representative shall refer the matter to
the Pennsylvania Department of Environmental Protection (PADEP) where it has jurisdiction
relative to an established airshed.
D.
Storage and waste disposal.
(1)
No highly flammable, explosive or toxic liquids, solids or gases shall be stored in bulk (over
five hundred [500] gallons), above ground, except in an enclosed building and except new
tanks or drums of fuel connected directly with energy devices or heating appliances
located and operated on the same lot as the tanks or drums of fuel.
(2)
All new permanent bulk outdoor storage facilities for fuel over five hundred (500) gallons,
raw materials and products and all fuel, raw materials and products stored outdoors, shall
be enclosed by safety fence approved by the property owner’s insurance carrier.
(3)
No materials or wastes shall be deposited upon a lot in such form or manner that they may
be transported off the lot by natural causes or forces; nor shall any substance which can
contaminate wells, public or private watercourses, or public or private potable water
supplies otherwise render such wells, watercourses, or potable water supplies undesirable
as sources of water supply or recreation; nor shall any substance which will destroy
aquatic life be allowed to enter any wells, watercourses, or potable water supplies. A
Pennsylvania Department of Environmental Protection approved plan for spill containment
shall be submitted to the Township for review by the Township Engineer prior to the
issuance of any required permit for storage or disposal.
(4)
Any materials or wastes which might cause fumes or dust or which constitute a fire hazard
or which may be edible or otherwise attractive to rodents or insects shall be stored
outdoors only if enclosed in containers designed to eliminate such hazards.
E.
Air pollution. No emission at any point from any chimney or exhaust fan, of visible smoke or
particulate material in excess of that permitted by the air pollution control regulations of the
Commonwealth agency with jurisdiction, shall be permitted.
F.
Dust, fumes, vapors, and gases. The emission of dust, dirt, fly ash, fumes, vapors or gases which
can cause any damage to human health, to animals, to vegetation, or to property or which can
cause any soiling or staining of persons or property at any point beyond the property line of the
use creating the emission is herewith prohibited.
G.
Glare. No use shall produce a strong, dazzling light or a reflection of a strong, dazzling light or
employ unshielded illumination sources beyond its property lines or onto any public road rightof-way. Spillover lighting from parking areas shall not exceed two (2) foot-candles per square
foot beyond the property line.
H.
Vibrations. No use shall cause earthborne vibrations, or concussions detectable beyond its lot
lines without the aid of instruments, with the exception of vibration displacement produced as a
result of temporary construction activity or seismic testing.
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October 2014
Article VI
§190-635
I.
Zoning
§190-635
Discharge.
(1)
No discharge at any point into any private sewage disposal system or stream or into the
ground, of any materials in such a way or in such manner or temperature as can
contaminate any public or private water supply or otherwise cause the emission of
dangerous, noxious or objectionable elements, or the accumulation of solid wastes
conducive to the breeding of rodents or insects, is permitted.
(2)
Methods for discharging liquid and solid wastes to public sewers, drains or watercourses
shall comply with the provisions of the Pennsylvania Sewage Facilities Act, Act 537 of 1968,
as the same may be amended from time to time, and all applicable Township Ordinances.
J.
Heat, cold, dampness or movement of air. No activities producing heat, cold, dampness or
movement of air are permitted which shall produce any material effect on the temperature,
motion or humidity of the atmosphere at the lot line or beyond.
K.
Noise. No new use proposed in any district which by the nature of its use, operation or activity
produces noise of objectionable character or volume as noted by a person at the property line
or as otherwise specified of the parcel upon which the offending use is located, shall be
permitted. Maximum decibel levels shall be as follows:
(1)
Residential Uses:
(a) In excess of sixty (60) dBA for any period of time between the hours of 10:00 p.m.
and 7 a.m.
(b) In excess of eighty (80) dBA for any period of time between the hours of 7:01 a.m.
and 9:59 p.m.
(c) The use of maintenance equipment including, but not limited to, power mowers, on a
temporary basis, in residentially zoned districts shall be exempt from the standards in
this Section.
L.
(2)
Commercial Uses: In excess of ninety (90) dBA for more than two (2) hours during a
twenty-four (24) hour period.
(3)
Industrial Uses: In excess of ninety (90) dBA for two (2) hours during a twenty-four (24)
hour period.
(4)
Noise which is determined by a designated Township representative to be objectionable
because of volume or frequency shall be muffled or otherwise controlled, except for fire
sirens and related apparatus used solely for public safety purposes. Noise in excess of 90
decibels, or as otherwise specified as measured on a decibel or sound-level meter of
standard quality and design operated on the A-weighting scale at a distance of 25 feet
from any property line of the property on which the noise source is located, shall not be
permitted.
Electrical disturbance or radioactivity. No activities which emit dangerous radioactivity or
continuous cumulative low level radiation, at any point are permitted and no electrical
disturbance adversely affecting the operation at any point of any equipment other than that of
the creator of such disturbance shall be permitted.
Article VI
October 2014
Page 83
§190-635
M.
O.
§190-635
Maintenance of yards, adjacent undeveloped property. The owner or lessee of the property,
whether occupied or vacant located within or adjacent to any developed area shall maintain
such premises so that:
(1)
N.
Zoning
All portions of the property shall be kept free of junk, debris, disabled motor vehicles, and
dangerous, or noxious material.
Vehicle and equipment maintenance.
(1)
In industrial and commercially zoned areas, all vehicles and movable equipment repair
done on the property shall be performed within an enclosed building, except that minor
maintenance activities may be completed on the exterior of a lot where space has been
provided for the temporary parking or storage of vehicles and movable equipment.
(2)
In residentially zoned areas, minor vehicle maintenance activities on vehicles owned by
the occupant may be conducted in driveways, but in no case shall repairs be made on
vehicles and movable equipment which would result in the storage of said vehicles or
movable equipment on the exterior of the lot for more than forty-eight (48) hours, unless
said vehicles are stored in an enclosed building.
Water supply. All new water wells which provide the primary source of potable water for the
residence of the same lot shall produce at a minimum 3.5 gallons per minute, per well,
continuously.
(1)
Said standard shall also be applicable at such time that the Township adopts a well head
protection program.
(2)
Documentation shall be submitted to the Township which verifies the capacity of each
new well providing the primary source of potable water.
(3)
No subdivision or land development which relies on well water as the primary source of
potable water shall be approved unless the minimum capacity identified herein is met.
(4)
A lot with a well producing less than the required gallons per minute may be provided with
a water reservoir tank.
P.
Access. Residential subdivisions or land developments with a maximum of 60 dwelling units
proposed may be provided with only one (1) primary point of access. When 61 or more units
are proposed, there shall be provided a minimum of two points of direct access to the
development from public rights-of-way via roads or streets designed and constructed as per the
standards of the Penn Township Subdivision and Land Development Ordinance.
Q.
Circulation. All on-site and abutting local, collector and arterial streets and all local, collector
and arterial streets which provide transportation access to or may be utilized, in whole or in
part, by traffic generated by the proposed development subject to land development approval
shall meet the minimum Township design and construction standards and levels of service
identified in the Penn Township Transportation Improvement Program, incorporated herein by
reference or shall meet such minimum levels of service within a reasonable period of time
Page 84
October 2014
Article VI
§190-636
Zoning
§190-636
pursuant to the Transportation Capital Improvements Plan, incorporated as Exhibit F to the
Penn Township Transportation Improvements Program.13 [Amended 6-18-1997 by Ord. No. 683]
R.
S.
Assurance.
(1)
In order to ensure that the adopted minimum levels of service are met and to assure that
the costs of the necessary transportation improvements to accommodate the
development consistent with said levels of service are funded and equitably apportioned,
based upon the traffic generation characteristics of the proposed use, final approval of all
site plans shall be conditioned upon participation by the developer in the Penn Township
Transportation Improvements Program, provided that said development is located within
the current Transportation Improvement District boundaries at the time of application.
(2)
Participation shall be guaranteed by the execution of an agreement between Penn
Township and the traffic generator, on a form provided by the Township, providing for
payment of the applicable impact fee at the time of issuance of a zoning (building) permit
for development pursuant to the site plan or land development plan as approved.
[Amended 6-18-1997 by Ord. No. 683]
Continuing enforcement.
(1)
The Zoning Officer shall investigate any purported violation of the performance standards
and, subject to the approval of the Township Commissioners, may employ qualified
technical experts to assist in the determination of a violation. Costs of the services of such
experts shall be paid by the owner or operator of the facility or use accused of the
violation if the facility or use is found to be in violation. If the facility or use is found to be
in compliance with the performance standards, said costs shall be borne by the Township.
(2)
If the facility or use is found to be in violation, the owner or operator shall be given written
notice of violation in accordance with §190-902 of this Chapter and a reasonable length of
time to correct the violation. Failure to correct the violation shall be subject to the penalty
provisions of Article IX and shall result in the revocation of the occupancy permit for the
facility or use.
Antenna.
A.
Satellite dish antennas (greater than 31 inches diameter). Only one satellite dish antenna shall
be permitted on a residential lot. In all zoning districts, satellite dish antennas shall not be
permitted in front yards. In RR and MDR Zoning Districts, the maximum diameter of any satellite
dish antenna installed on any lot or on any roof or above any building shall be 6 feet. In zoning
districts other than RR and MDR, the maximum diameter of any satellite dish antenna installed
on any lot or on any roof or above any building shall not exceed 12 feet. In all zoning districts,
the maximum height of any freestanding satellite dish antenna shall be 20 feet. In all zoning
districts, no part of any satellite dish antenna shall be located closer than 10 feet to any
property line.
13. Editor's Note: Exhibit F is on file in the Township offices.
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B.
Zoning
§190-638
Radio or television antennas (greater than 24 inches diameter). A radio, ham radio or television
antenna shall be permitted as an accessory use, in any zoning district subject to the following
requirements:
(1)
A radio or television antenna structure may be mounted on a roof or installed in a rear
yard area only, provided that no such structure shall be located within 20 feet of any
property line.
(2)
The maximum height for such structure shall not exceed that otherwise allowed in the
zoning district in which it is located by more than 20 feet. If placed on a roof, any antenna
exceeding eight feet shall be mounted with guide wires.
(3)
Any such structure shall comply with applicable Airport Zoning and Federal
Communications Commission regulations.14
Canopies and similar structures.
Canopies and similar permanent freestanding roofed structures without walls shall be permitted to
cover outdoor seasonal display and sales areas or fuel dispensing areas accessory to authorized uses in
the NC, CC and IC Districts, provided that the following requirements are met:
A.
Such structure shall not be attached to the principal building;
B.
Such structure shall be located at least 10 feet from any property line or street right-of-way;
C.
Such structure shall not be enclosed; and
D.
Such structure shall be removed immediately, once the principal use or the use of the accessory
structure is discontinued.
Timber harvesting and reforestation
A.
14.
Subject to the following:
(1)
The minimum site shall be five acres.
(2)
All operations shall be located at least 300 feet from any existing dwelling.
(3)
All operations shall be discontinued between 7:00 p.m. and 7:00 a.m., provided, further,
that such operations shall not take place during any hours on Sundays or legal bank
holidays.
(4)
The use shall be subject to the performance standards of § 190-635 of this Chapter.
(5)
Routes to be used by the hauling trucks shall be approved by the Township, and the
operator shall demonstrate that there shall be no negative impact on local roads from the
proposed operation.
(6)
A performance bond shall be posted in favor of and in the amount required by the
Township to guarantee restoration of local roads used as hauling routes.
(7)
Permits.
Editor's Note: See also Arts. XI and XII of this Chapter.
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(a) The application shall show compliance with the following laws and regulations of the
commonwealth, and all necessary permits shall be maintained during the operation:
[1] Erosion and sedimentation control regulations contained in Chapter 102,
issued pursuant to the Pennsylvania Clean Streams Law.15
[2] Stream-crossing and wetlands protection regulations contained in Chapter
105, issued pursuant to the Pennsylvania Dam Safety and Encroachments
Act.16
[3] Stormwater management plans and regulations issued pursuant to the
Pennsylvania Storm Water Management Act.17
(b) Any suspension or revocation of a Commonwealth permit shall constitute revocation
of zoning approval, and the operator shall be subject to the enforcement provisions
of §190-903 of this Chapter.
(8)
A logging plan shall be submitted which shows, as a minimum:
(a) The design, construction, maintenance and retirement of the access system,
including haul roads, skid roads, skid trails and landings;
(b) The design, construction and maintenance of water-control measures and structures
such as culverts, broad-based dips, filter strips and water bars;
(c) The design, construction and maintenance of stream and wetland crossings, if any;
(d) The general boundaries of proposed operation in relation to Township and state
roads, including any accesses to those roads;
(e) The site location, including boundaries of the property and boundaries of the
proposed harvest area;
(f)
Significant topographic features;
(g) The location of all earth-disturbance activities, such as roads, landings and watercontrol measures and structures; and
(h) The location of all crossings of waters of the commonwealth.
(9)
Felling or skidding on or across any public street is prohibited without the express written
consent of the Township or the Pennsylvania Department of Transportation (PennDOT),
whichever is responsible for the maintenance of the street.
(10) No tops of trees or debris shall be left within 25 feet of any public street or any private
road providing access to adjoining residential property.
(11) All tops of trees and debris within 50 feet of a public street or residential property line
shall be cut to a maximum of four feet above the adjacent ground level.
15.
16.
17.
Editor's Note: See 35 P.S. § 691.1 et seq.
Editor's Note: See 32 P.S. § 693.1 et seq.
Editor's Note: See 32 P.S. § 680.1 et seq.
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(12) No tops of trees or debris shall be left on any adjoining property or across any property
line without the consent of the adjoining owner.
Traditional Neighborhood Development Option
A.
Purpose and Authority: Authority for the establishment of this development option derives from
Article VII-A of the Pennsylvania Municipalities Planning Code, and its purposes are as follows:
(1)
To insure that the zoning regulations which are concerned in part with the uniform
treatment of dwelling type, bulk, density, intensity, and open space within each zoning
district shall not be applied to the improvement of land by other than lot-by-lot
development in a manner that would distort the objectives of the Township's Community
Development Goals and Objectives.
(2)
To encourage innovations in residential and nonresidential infill development and renewal
that makes use of a mixed-use form of development so that the growing demand for
specific housing needs for residents of all ages, and other development and
redevelopment may be met by greater variety in type, design, and layout of dwellings and
other buildings and structures and by the conservation and more effective use of open
space ancillary to said dwellings and uses.
(3)
To extend greater opportunities for better and more diverse types of housing, recreation,
and access to goods, services, and employment opportunities to citizens and residents of
Penn Township.
(4)
To encourage a more efficient use of land and of public services to reflect changes in the
technology of land development so that economies secured may benefit those who need
housing and for other uses consistent with the design characteristics of Smart Growth.
(5)
To allow for the development and redevelopment of fully-integrated, mixed-use
pedestrian-oriented neighborhoods.
(6)
To minimize traffic congestion, infrastructure costs, and environmental degradation.
(7)
To promote the implementation of the objectives of the Penn Township Comprehensive
Plan for guiding the location of growth and development.
(8)
To provide a procedure in aid of these purposes which can relate the type, design, and
layout of a mix of residential, nonresidential and service uses to the particular demand for
housing existing at the time of development in a manner consistent with the preservation
of the property values within existing residential and nonresidential areas.
(9)
To insure that the increased flexibility of regulations over land development authorized
herein is carried out under such administrative standards and procedure as shall
encourage the disposition of proposals for land development meeting acknowledged
demands without undue delay.
(10) For purposes of administration, mixed use developments on a unified site planned and
designed to incorporate residential, nonresidential and service support uses including, but
not limited to, retirement communities and hamlets shall be considered Traditional
Neighborhood Developments.
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Review and Approval: It is hereby declared to be in the public interest that all applications for
approval of a Traditional Neighborhood Development and the continuing administration thereof
shall utilize the following procedure:
(1)
The application for tentative approval shall be filed by the developer/applicant in such
form, upon the payment of such a reasonable fee as is specified by the Township. The
application shall be filed with the Township Community Development Department staff.
(a) All planning, zoning, and subdivision matters relating to the platting, use and
development of the Traditional Neighborhood Development site and subsequent
modifications of the regulations relating thereto, to the extent such modification is
vested in Penn Township, shall be determined and established by the Penn Township
Board of Commissioners with the recommendation of the Planning Commission.
(b) The provisions shall require such information in the application as is reasonably
necessary to disclose to the Township:
[1] General Data
[a] Name of proposed Traditional Neighborhood Development.
[b] North point.
[c] Graphic scale and legend describing all symbols shown on the plan.
[d] Day, month and year the plan was prepared and date and description of
revisions to the plan occurring after formal submission.
[e] Statement of property owned by the proposed developer/applicant within
the zoning district, or property being developed on behalf of another owner
and any agreements relative to ownership.
[f] Name, address and seal of the individual or firm preparing the plan.
[g] An Offer of Dedication Signature Block.
[h] Municipal Approval Signature Block.
[i] Recorder of Deeds Signature Block.
[2] Existing Features:
[a] Total acreage of the property and total square feet within each lot of the
development.
[b] Existing Features, including sewer lines and laterals, water mains and fire
hydrants, electrical lines and poles, culverts and bridges, railroads, buildings,
streets, including rights-of-way and cartway widths and approximate grades,
development of abutting properties, including location and types of uses.
[c] Land and building uses for all property within the proposed Traditional
Neighborhood Development, including pre-existing neighborhood density
and how the proposed development would affect pre-existing densities.
[d] The following permitted uses shall be applicable to all Traditional
Neighborhood Developments:
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1. Residential (two dwelling types required):
i)
Single family dwellings
ii)
Two-family dwellings
iii)
Quadruplex dwellings
iv)
Townhouses (maximum six dwelling units per structure)
v)
Apartment dwellings on upper floors of a mixed-use structure
with commercial, service or office use on ground floor.
2. Nonresidential (maximum 25% of gross floor area of total construction):
i) Neighborhood scale retail
ii)
Personal and professional services
iii) Sit-down restaurants with no drive-through service
iv) Mixed-use structures
v)
Educational, religious or government office facilities
3. Recreational (minimum 15% of gross site area):
i)
Public and private recreational facilities, including but not
limited to, health and fitness facilities and court games
ii)
Baseball, soccer and football fields
iii)
Active or passive open space, including but not limited to,
walking trails, interpretive trails, and multi-purpose fields.
[e] Parking: In all Traditional Neighborhood Developments with twelve (12) or
more dwelling units in any configuration, a centrally located public parking
area with a minimum of one (1) visitor space per each three (3) dwelling
units shall be provided in addition to off-street parking provided to serve
both residential and nonresidential uses. (See also Article VI, Section 190623).
(2)
Proposed Development: The Traditional Neighborhood Development is an area in which
an integrated development will occur which incorporates a variety of residential and
related neighborhood scale commercial or service uses permitted within the development
plan. The respective areas of the site plan devoted to specific residential, commercial,
service and recreational uses shall be shown and within each area, the following shall be
included:
(a) The approximate location, and use of buildings and other structures (all area
dimensions shall be indicated in square feet).
(b) The approximate location and area of driveways and parking and loading areas.
(c) The property lines of lots to be subdivided, measured to the nearest foot.
(d) The approximate location of sidewalks and bike or foot paths.
(e) The location of utility and drainage easements.
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The location and pipe diameter of sewer and water mains.
(g) The location of fire hydrants.
(h) Perimeter setbacks and buffer yards.
(i)
Street information, including: location and widths of rights-of-way and cartways,
proposed street names, approximate road profiles along the center line of each
proposed street, showing finished grade at a scale of one inch equals fifty feet
horizontal and one inch equals five feet vertical.
(j)
A conceptual landscaping plan indicating the treatment of materials and landscaping
concepts used for private and common open space, consistent with the standards in
§190-630.
(k) A general grading plan showing any major alterations to the topography of the site.
(l)
The approximate location and area of proposed common or dedicated open space,
including: the proposed use and improvements of common open space, the
approximate location and use of common recreational facilities, and the approximate
location and area of land to be dedicated for public purposes or privately maintained.
(m) The total area devoted to each use, the number and type of residential units (two
types required), the percentage of each type of use and the total nonresidential
square footage in the development and in each phase.
(n) Building footprints and building elevations for each structure in the development and
each phase.
(o) The area of street rights-of-way, parking, sidewalks, and walkways and the total area
paved and percent of area paved or covered by the structures in the development in
each phase or section.
(p) The total area devoted to planned recreational or open space use throughout the
entire development and in each phase, where applicable.
(q) The calculations of impervious surface in the development and in each phase and the
methods and best management practices proposed to manage stormwater.
[1] Narrative Statement: The following information should be included with a
development narrative submitted with the site plan:
[a] A statement of the ownership of all of the land included within the
Traditional Neighborhood Development site.
[b] An explanation of the design and layout of the Traditional Neighborhood
Development, with particular attention as to planning objectives to be
achieved.
[c] A statement describing proposed innovative design concepts or
architectural themes included in the plan, including their purpose and
benefits.
[d] The substance of covenants, grants of easements or other restrictions
proposed to be imposed on the use of land, buildings and structures,
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including proposed easements or grants for public use or utilities. The
covenants should specifically indicate that any land proposed for parks,
recreation or open space shall be identified as such on the recorded plan.
[e] A description of how the proposed development meets standards and
conditions of Section 706 A of the Pennsylvania Municipalities Planning
Code, any variations necessary, and why such variations are in the public
interest.
[f] A description of the proposed use and improvement of common open space
and active recreational facilities.
[g] Where all property in the proposed development is not owned by the
developer/applicant, a statement of how development will be integrated to
present a cohesive neighborhood, or tentative acquisition plans.
[h] A statement of consistency with the Township's Comprehensive Plan,
particularly any Land Use Plans, and consistency with any design guidelines
or preferred development components the Township has adopted or may
adopt pursuant to this Section.
(3)
Development Schedule: When it is anticipated that development pursuant to an approved
Tentative Plan will occur in phases over a period of years, the following shall be included
with the application for site plan (land development) approval:
(a) The sequence of phases in which the land development will be submitted for final
approval and the approximate date when each phase will be submitted for final plan
approval.
(b) The approximate date when each phase will be completed.
(c) Any phase of development pursuant to an approved tentative plan shall be able to
function independently of the undeveloped phases while being compatible with
adjacent or neighboring land use.
(d) The location and character of open space may be revised in subsequent phases and
development may occur on lands previously identified for open space provided that
at no time shall the actual minimum area required for open space by phase and
overall for the Traditional Neighborhood Development, be reduced.
[1] The application for tentative approval of a Traditional Neighborhood
Development shall include a written statement by the developer/applicant
setting forth the reasons why, in his opinion, a Traditional Neighborhood
Development would be in the public interest and would be consistent with the
comprehensive plan for the development of the Township .
[2] The application for tentative approval shall be forwarded to the Penn Township
Planning Commission for their review and comments by the Community
Development Department staff following a completeness review. The Planning
Commission shall complete their review and make recommendations to the
Board of Commissioners within thirty (30) days of the date of the first review.
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C. Public Hearings:
(1)
Within sixty (60) days after the filing of a completed application for tentative approval of a
Traditional Neighborhood Development pursuant to this Ordinance, a public hearing
pursuant to public notice of said application shall be held by the Board of Commissioners
in the manner prescribed in the Pennsylvania Municipalities Planning Code, Article VIIA.
(2)
The Board of Commissioners may continue the hearing as deemed necessary, and where
applicable, may refer the matter back to the Planning Commission for additional review,
provided, however, that in any event, the public hearing or hearings shall be concluded
within sixty (60) days after the date of the first public hearing.
D. The Findings:
(1)
The Township Board of Commissioners, within sixty (60) days following the conclusion of
the public hearing provided for in this Section, shall, by official written communication, to
the developer/applicant, either:
(a) Grant tentative approval of the development plan as submitted;
(b) Grant tentative approval subject to specified conditions not included in the
development plan as submitted; or
(c) Deny tentative approval to the development plan.
[1] Failure to so act within said period shall be deemed to be a grant of tentative
approval of the development plan as submitted. In the event, however, the
tentative approval is granted subject to conditions, the developer/applicant
may, within 30 days after the date of receipt of a copy of the official written
communication of the Township, notify the Board of Commissioners of his
refusal to accept all said conditions, in which case, the Township shall be
deemed to have denied tentative approval of the development plan. In the
event the developer/applicant does not, within said period, notify the Board of
Commission of his refusal to accept all said conditions, tentative approval of
the development plan, with all said conditions, shall stand as granted.
[2] The grant or denial of tentative approval by official written communication
shall include not only conclusions but also findings of fact related to the specific
proposal and set forth the reasons for the grant, with or without conditions, or
for the denial, and said communication shall set forth with particularity in what
respects the development plan would or would not be in the public interest,
including, but not limited to, findings of fact and conclusions on the following:
(d) In those respects in which the development plan is or is not consistent with the
comprehensive plan for the development of the Township;
(e) The purpose, location and amount of the common open space in the Traditional
Neighborhood Development, a plan for maintenance and conservation of the
common open space, and the adequacy of the amount and purpose of the common
open space as related to the proposed density and mix of development proposed;
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§190-639
The physical design of the development plan and the manner in which said design
makes adequate provision for public services, provides adequate control over
vehicular traffic, and further the amenities of a well-designed development;
(g) The relationship, of the proposed Traditional Neighborhood Development to the
neighborhood in which it is proposed to be established; and
(h) In the case of a development plan which proposes development over a period of
years, the sufficiency of the terms and conditions intended to protect the interests of
the public and of the residents of the Traditional Neighborhood Development in the
integrity of the development plan.
E. In the event a development plan is granted tentative approval, with or without conditions, the
Township may set forth in the official written communication the time within which an
application for final approval of the development plan shall be filed or, in the case of a
development plan which provides for development over a period of years, the periods of time
within which applications for final approval of each part thereof shall be filed. An annual report
shall be filed by the developer/applicant with Community Development Department which
projects future development objectives.
F. Status of Plan After Tentative Approval:
Page 94
(1)
The official written communication provided for in this Section shall be certified by the
Township Manager and shall be filed in the office of the Board of Commissioners, and a
certified copy shall be mailed to the developer/applicant. Where tentative approval has
been granted, the subject property shall be classified as an overlay district amending the
zoning map, effective upon final approval, and shall be noted on the official Township
zoning map.
(2)
Tentative approval of a development plan shall not qualify a plat of the Traditional
Neighborhood Development for recording nor authorize development or the issuance of
any building permits. A development plan which has been given tentative approval as
submitted, or which has been given tentative approval with conditions which have been
accepted by the developer/applicant (and provided that the developer/applicant has not
defaulted nor violated any of the conditions of the tentative approval), shall not be
modified or revoked nor otherwise impaired by action of Penn Township pending an
application or applications for final approval, without the consent of the
developer/applicant, provided an application for final approval is filed or, in the case of
development over a period of years, provided applications are filed, within the periods of
time agreed upon in the official written communication granting tentative approval.
(3)
In the event that a development plan is given tentative approval and thereafter, but prior
to final approval, the developer/applicant shall elect to abandon said development plan
and shall so notify the Board of Commissioners in writing, or in the event the
developer/applicant shall fail to file application or applications for final approval within the
required period of time or times, as the case may be, the tentative approval shall be
deemed to be revoked and all that portion of the area included in the development plan
for which final approval has not been given shall be subject to those Township ordinances
otherwise applicable thereto as they may be amended from time to time, and the same
shall be noted on the zoning map and in the records of the Township Manager.
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G. Application for Final Approval:
(1)
An application for final approval may be for all the land included in a development plan or,
to the extent set forth in the tentative approval, for a section thereof. Said application
shall be made to the Township Community Development Department staff, as specified in
this Section, within one year of the official written communication granting tentative
approval. The application shall include any drawings, specifications, covenants, easements,
development agreement for applicable public improvements and such other requirements
as may be specified in this Section, as well as any conditions set forth in the official written
communication at the time of tentative approval. A public hearing on an application for
final approval of the development plan, or the part thereof, submitted for final approval,
shall not be required provided the development plan, or the part thereof submitted for
final approval is in compliance with the development plan theretofore given tentative
approval and with any specified conditions attached thereto. The submission shall be
reviewed by the Community Development Department staff, the Planning Commission and
any professional consultants retained by the Township, to provide comments for
compliance prior to being forwarded to the Board of Commissioners. This review is to take
place within thirty (30) days of the date of receipt of a completed application.
(a)
In the event the application for final approval has been filed, together
with all drawings, specifications and other documents in support
thereof, and as required by this Section and the official written
communication of tentative approval, by the Township shall, within
forty-five (45) days of such filing, grant such development plan final
approval.
(b)
In the event the development plan as submitted contains variations
from the development plan given tentative approval, the Township may
refuse to grant final approval and shall, within 45 days from the filing of
the application for final approval, so advise the developer/applicant in
writing of said refusal, setting forth in said notice the reasons why one
or more of said variations are not in the public interest. In the event of
such refusal, the developer/applicant may either:
i.
Refile his application for final approval without the variations
objected; or
ii.
File a written request with the Board of Commissioners that it hold
a public hearing on his application for final approval.
iii. If the developer/applicant wishes to take either such alternate
action he may do so at any time within which he shall be entitled
to apply for final approval, or within thirty (30) additional days if
the time for applying for final approval shall have already passed
at the time when the developer/applicant was advised that the
development plan was not in substantial compliance. In the event
the developer/applicant shall fail to take either of these
alternative actions within said time, he shall be deemed to have
abandoned the development plan. Any such public hearing shall
be held pursuant to public notice within thirty (30) days after
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request for the hearing is made by the developer/applicant, and
the hearing shall be conducted in the manner prescribed in this
Section for public hearings on applications for tentative approval.
Within thirty (30) days after the conclusion of the hearing, the
Township shall by official written communication either grant
final approval to the development plan or deny final approval. The
grant or denial of final approval of the development plan shall, in
cases arising under this section, be in the form and contain the
findings required for an application for tentative approval set forth
in this Section.
(2)
A development plan, or any part thereof, which has been given final approval shall be so
certified without delay by the Board of Commissioners and shall be filed of record
forthwith in the office of the Westmoreland County Recorder of Deeds before any
development shall take place in accordance therewith. Upon the filing of record of the
development plan the zoning and subdivision regulations otherwise applicable to the land
included in such plan shall cease to apply thereto. Pending completion, in accordance with
the time provisions stated in Section 508 of the Pennsylvania Municipalities Planning Code,
of said Traditional Neighborhood Development or of that part thereof, as the case may be,
that has been finally approved, no modification of the provisions of said development
plan, or part thereof, as finally approved, shall be made except with the consent of the
developer/applicant. Upon approval of a final plat, the developer/applicant shall record
the plat in accordance with the provisions of Section 513(a) of the Pennsylvania
Municipalities Planning Code and post financial security in accordance with Section 509 of
the Pennsylvania Municipalities Planning Code and consistent with the Township’s policies
and procedures.
(3)
In the event that a development plan, or a section thereof, is given final approval and
thereafter the developer/applicant shall abandon such plan or the section thereof that has
been finally approved, and shall so notify the Township in writing; or, in the event the
developer/applicant shall fail to commence and carry out the Traditional Neighborhood
Development in accordance with the time provisions stated in Section 508 of the
Pennsylvania Municipalities Planning Code after final approval has been granted, no
development or further development shall take place on the property included in the
development plan until after the said property is reclassified by enactment of an
amendment to the Penn Township Zoning Ordinance and map in the manner prescribed
for such amendments in Article X.
Planned mixed-use commerce parks subject to the following:
A.
The minimum site shall be 10 acres.
B.
The site shall be under single ownership and control at the time of application for a planned
mixed-use commerce park and shall be planned as a unit, including proposed sites for
development and means of access to them, with the objective of minimizing the number of
points of access to existing public streets.
C.
Approval of a planned mixed-use commerce park plan which specifies proposed uses shall
encompass the approval of those uses without any further application for a conditional use or
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use by special exception, unless a use not approved as part of the planned industrial park plan is
proposed.
D.
Upon approval of a planned industrial park plan, the plan shall be recorded in the County
Recorder of Deeds office, and the future uses of each of the lots within the recorded plan shall
be permitted uses if approved as part of the planned industrial park plan. Any use which is not
approved as part of the planned industrial park plan shall be approved in accordance with the
procedures for any permitted use, conditional use or use by special exception authorized in the
district in which the site is located.
E.
All property boundaries shall be screened as required by §190-630 of this Chapter. [Amended
10-7-2002 by Ord. No. 757]
F.
In addition to the sign authorized for each lot in the planned industrial park, one identification
sign, containing only the name and address of the planned industrial park and the names of the
businesses located in the park, shall be permitted at each entrance to the planned industrial
park. The maximum surface area of this sign shall be 60 square feet, and the height and location
of the sign shall be subject to the requirements for signs in the district in which the sign is
located.
G.
Off-street parking and loading areas shall be provided as required by §§190-623 and 624 of this
Chapter.
H.
The applicant shall demonstrate that the granting of the proposed use shall not materially
increase traffic congestion on adjacent roads and highways.
Oil and Gas Operations (Unconventional Gas Wells)
A. Oil and Gas Operations, which include the drilling of oil or natural gas wells in the MEO Mineral
Extraction Overlay District, or the construction of compressor stations and gas processing plants
in the IC Industrial Commerce District, shall be reviewed by the Penn Township Planning
Commission and approved by the Board of Commissioners prior to the issuance of any required
Township permits. All proposals for Oil and Gas Operations, whether listed as permitted or
conditional uses, shall include the following submittal information in addition to the
requirements for land developments specified in Chapter 156, Article III, §156-18 and §156-23
of the Penn Township Subdivision and Land Development Ordinance where such operation
involves the development and operation of a natural gas compressor station or processing
plant:
(1) A Health and Safety Impact Report shall be prepared and submitted for review with the
following information:
a. Copies of all information submitted to the Pennsylvania Department of Environmental
Protection required for issuance of an oil and gas operation permit.
b. Copies of industry standard health and safety reports for development and operation
of such facilities.
c. Sealed and signed affidavit from applicant’s engineering consultant that the proposed
facility(ies) meets all current industry standards and specific Commonwealth standards
under the Pennsylvania Oil and Gas Act (1984, PL 1140, No. 223), as amended.
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d. Design and Construction methods proposed to mitigate any identified health and safety
issues at the subject site, including but not limited to, installation of sound barriers,
chemical storage and frack water disposal, site lighting, and stormwater management
may be referred to professional consultants at the Township’s discretion, the cost for
which shall be borne by the applicant.
e. Copies of any previous enforcement notices, fines or penalties assessed against the
applicant, applicant’s contractors or consultants involved in the development of the
proposed oil and gas operation.
f.
Other information deemed by the Planning Commission or Board of Commissioners
relevant to address public health and safety concerns regarding the proposed oil and
gas operations.
(2) The applicant shall provide the Director of Community Development a routing plan for
access to the site, identifying Commonwealth and Township roadways being utilized,
including copies of any required road performance bonds, Commonwealth operation
permits or other required local or Commonwealth permits.
(3) Applicant shall provide the Director of Community Development with a copy of the Erosion
and Sediment Control General Permit (ESCGP) approved by the Pennsylvania Department of
Environmental Protection.
(4) The applicant shall provide a copy of any access security measures approved by the
Pennsylvania Department of Environmental Protection during the gas drilling operation
phase on lands in zoning districts where such activity is permitted.
(5) Any approved landscaping plan shall be visually consistent with the provisions of §190-630.
(6) At the time an application for a Township Zoning Permit is submitted, unless otherwise
specified, a copy of all Pennsylvania Department of Environmental Protection required
information regarding the rehabilitation-reclamation of the site shall be attached.
(7) Notification requirements of the Pennsylvania Department of Environmental Protection
shall be satisfied prior to commencement of those activities specified in this Section.
B. Setbacks from recorded property lines shall be in conformance with the provisions of
Commonwealth of Pennsylvania Commonwealth Act 13 of February 2012 where applicable,
unless such minimum setback is waived by the affected abutting property owner or is otherwise
specified.
C. Any operator utilizing Penn Township owned and maintained weight restricted roads for Oil and
Gas Operation activities shall be held to the minimum Township standards for purposes of
bonding. It shall be the sole responsibility of the operator to keep the roadway segments being
utilized passable and mud-free for all vehicular traffic at all times, in addition to the following:
(1) Where a Penn Township owned and maintained road is to be used for an Oil and Gas
Operation, a maintenance plan shall be provided to the Township showing all roadway
segments being used and the reason Township roads need to be accessed. Such plan shall
include a schedule to keep the roadway passable and mud-free.
(2) When the operator’s maintenance plan for accessing Township owned and maintained
roads for an Oil and Gas Operation is considered deficient by the Township Engineer due to
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excessive use related to such oil and gas operation, an agreement shall be executed to
rebuild the roadway surface, subbase and drainage prior to use. Such roadway
rehabilitation work shall be performed at a time deemed appropriate by the Board of
Commissioners with input from the Township Engineer.
(3) There shall be no staging or queueing of trucks or equipment on Township owned and
maintained roads.
D. Where such oil and gas operations are classified as conditional uses in certain zoning districts,
the following review procedure and submittal information shall be provided and development
standards met:
(1) An application for Conditional Use approval for an Oil and Gas Operation which involves an
oil or natural gas well, compressor station or processing plant shall be filed with the Director
of Community Development along with the required administrative fee and such application
shall include information as outlined and processed as follows:
(a) Identify and describe the property, its location and the present use.
(b) Reasonably describe present improvements and any intended additions and changes.
(c) Disclose the Conditional Use for which the application is being made, and show how
the property, as it may be improved, meets the standards and criteria required for
approval.
(d) Upon receipt of such application for Conditional Use, the Director of Community
Development shall forthwith refer the same to the Township Planning Commission.
The application for conditional use shall be processed as per the provisions of the
Pennsylvania Municipalities Planning Code, Section 913.2 and §190-906 of this Chapter.
(e) The Township Board of Commissioners shall hold a public hearing pursuant to public
notice, on the Conditional Use application, as per the provisions of the Pennsylvania
Municipalities Planning Code, Section 908 and §190-906 of this Chapter.
(f) The Township Board of Commissioners may authorize Conditional Uses pursuant to
express standards and criteria specified in this Ordinance for said uses and may attach
such additional conditions and safeguards as it may deem necessary where such
conditions and safeguards are not pre-empted by Commonwealth Act 13 of February
2012 as determined by Pennsylvania courts.
(g) The Township Staff shall report the action of the Township Board of Commissioners as
per the provisions of the Pennsylvania Municipalities Planning Code, Section 913.2.
(2) For any Oil and Gas Operation, the Operator shall;
(a) Install temporary safety fencing, at least eight (8) feet in height or as otherwise by the
Pennsylvania Department of Environmental Protection around impoundment areas.
Where applicable Federal or Commonwealth regulations require additional or
alternative fencing, those standards shall dictate.
(b) Install warning signs providing notice of the potential dangers at the well site.
(c) Provide security personnel 24/7 at all times when a drilling rig or hydraulic fracturing
equipment is on the well site.
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(d) Prior to development, the Operator shall provide to the Township’s first responders,
including the Volunteer Fire Department, Police Department and Ambulance service in
addition to the Director of Community Development, a copy of its Preparedness,
Prevention and Contingency (“PPC”) Plan.
(e) Prior to drilling, the Township shall ascertain whether the Township’s first responders
have secured adequate training to deal with any potential dangerous conditions that
may result due to development activities. First responders shall have a minimum of
five hours of training per year to meet this standard. Upon request from the Township,
the Operator shall, prior to drilling of its first oil and gas well in the Township, make
available, with at least 30 days’ notice, at its sole cost and expense, one appropriate
group training program of up to five hours for first responders. Such training shall be
made available at least annually during the period when the Operator anticipates
drilling activities in the Township.
(f) All reportable spills and accidents are to be reported in person and in writing to the
Township Administrative Office at 2001 Municipal Court, Harrison City, PA 15636-1349
in a timely manner.
(g) An emergency response plan shall be submitted addressing methods to handle the
following:
[1] Well leakage
[2] Spill containment
[3] Vandalism creating unknown conditions
[4] Defective casing or cementing
[5] Potential contamination between the well and the public and/or private water
supply
(3) All work-over operations shall be restricted to the hours of 6:00 am to 9:00 pm. This
includes all pre drilling construction. “Work-over operations” shall mean work performed
in a well after its completion in an effort to secure production where there has been none,
restore production that has ceased, or increase production.
(4) A noise level not to exceed 60 dBA at the nearest property line or the applicable standard
imposed by Commonwealth or Federal statutes shall be the maximum permitted at any
compressor station or processing plant site. A noise level not to exceed 60 dba at the
property line shall be maintained at the well drilling and impoundment area sites during
active operation.
(5) The primary access road to the oil and gas well site shall be improved with a dust-free, all
weather surface and constructed in such a manner that no stormwater, sediment or debris
shall be carried onto any public roadway.
(6) Adequate and appropriate lighting is essential to the safety and welfare of those persons
involved in the development of oil and gas, and the Operator shall take steps, to the extent
practicable, to direct site lighting downward and inward toward the drill site, well head, or
other area being developed so as to minimize glare on public roads and adjacent buildings
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within three hundred (300) feet measured from the property line or leased area line of the
drill site, well head, or other area being developed.
(7) The following activities shall be permitted in the MEO Mineral Extraction Overlay District
following receipt of an approved zoning permit or the granting of conditional use approval
where applicable:
(a) Oil and gas operations, including but not limited to oil and natural gas wells, gas
and water pipelines above the surface and vertical and horizontal wellbores
which extend into the DIO Development Infill Overlay District below the surface;
(b) Well and pipe location assessment operations, including seismic operations.
(8) In the event the access road to a well pad is located all or partially in an underlying zoning
district different than the well pad and not included in the MEO Mineral Extraction Overlay
District, the access road shall be authorized consistent with the requirements of this Section
applicable to the well pad with input from the Township Engineer.
Agritourism
A.
In all zoning districts where agricultural operations are a permitted principal or conditional use,
in order to maintain both an agricultural heritage and a rural character, the following accessory
uses and related standards shall apply:
(1)
General and specialized farming of agricultural products and agricultural activities,
including the raising or growing of crops, livestock, poultry, bees and other farm animals,
products and foodstuffs. Any building or structure may be located thereon and used for
the day-to-day operation of such activities, for the storage or preservation of said crops or
animals, products and collection, distribution, or processing, and for the incidental sale of
crops, products and foodstuffs raised or grown on said parcel or in said building or
structure.
(2)
Storage, retail or wholesale marketing, or processing of agricultural products into a valueadded agricultural product is a permitted use in a farming operation if fifty percent (50%)
or more of the stored, processed, or merchandised products are produced by the farm
operator.
(3)
Cider mills or wineries selling product, in a tasting room, derived from crops grown
primarily on site for at least 3 of the immediately preceding 5 years.
(4)
Direct marketing of produce in a farm market, on-farm market or roadside stand no
greater than 300 square feet in building area.
(5)
Seasonal U-pick fruits and vegetables operations.
(6)
Seasonal outdoor mazes of agricultural origin such as straw bales or corn.
(7)
Food sales/processing, processing any fruits/produce.
(8)
Uses previously listed may include any or all of the following ancillary agriculturally related
uses and some non-agriculturally related uses so long as the general agricultural character
of the farm is maintained and the income from these activities represents less than 50
percent of the gross receipts from the farm.
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(a) Value-added agricultural products or activities such as educational tours of
processing facilities, workshops or livestock care and feeding.
(b) Bakeries selling baked goods containing produce grown primarily on site.
(c) Playgrounds or equipment typical of a school playground, such as slides or swings,
excluding motorized vehicles or rides.
(d) Petting farms, animal display, and pony rides.
(e) Wagon, sleigh and hayrides.
(f)
Nature trails.
(g) Open air or covered picnic area with restrooms.
(h) Educational classes, lectures, seminars.
(i)
Historical agricultural exhibits.
(j)
Kitchen facilities, processing/cooking items for sale.
(k) Gift shops for the sale of agricultural products and agriculturally related products.
(l)
B.
l. Gifts shops for the sale of non-agriculturally related products such as antiques or
crafts, limited to 25 percent of gross sales.
Uses Requiring Conditional Use Approval: In the RR and MDR Zoning Districts, the following
agritourism uses may be permitted following approval as a conditional use as per the provisions
of Article V, §190-501 and §190-502.
(1)
Bed and Breakfast.
(2)
Direct marketing of produce, farm market, on-farm market or roadside stand if the sales
area is greater than 300 square feet in building area.
(3)
Restaurant operations related to the agricultural use on the site.
(4)
Non-agriculturally related uses listed as permitted uses in the zoning district but which
include any of the following ancillary uses shall require the issuance of a zoning or
temporary use permit, as per the provisions of Article IX, §190-907 and §190-909.
(a) Small-scale entertainment, including, but not limited to car shows or art fairs.
(b) Family oriented animated barns including, but not limited to, fun houses or haunted
houses and small mechanical rides.
(c) Organized meeting space in a structure for use by weddings, birthday parties, and
corporate picnics subject to Pennsylvania Uniform Construction Code compliance.
(d) Designated, permanent off-street parking for more than 20 vehicles (See also
Subsection C).
C.
Parking: Agritourism and Seasonal Agricultural Uses
(1)
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For uses permitted by right under the RR district, parking facilities may be located on a
grass or gravel area for seasonal uses such as road side stands, u-pick operations and
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agricultural mazes. All parking areas shall be defined by either gravel, cut lawn, sand or
other visible marking.
D.
(2)
For uses with conditional use approval, parking may be either gravel or paved as
determined by the Planning Commission, based on applicant estimates for seasonal
parking and the intensity of the use. Overflow parking areas may be required by the
Planning Commission to accommodate seasonal peak demand.
(3)
All parking areas shall be located in such a manner to avoid traffic hazards associated with
entering and exiting the public roadway.
(4)
Paved parking areas must meet all design, landscape screening and setback requirements
set forth in this Chapter.
Signs: Agritourism and Seasonal Agricultural Uses
(1)
Seasonal signs may be erected for a limited period of time during the year when retailing
activities for a particular farm product is available to the public following issuance of a
temporary use permit as per the provisions of §190-707, and §190-909, Subsection B.(3).
§190-643 Solar Collectors and Wind Energy Systems
E.
In all zoning districts where solar collectors and small wind energy systems are permitted
accessory uses, the following standards and criteria shall apply.
(1)
Solar Collectors:
(a) General Requirements:
[1] No solar collector panels shall be located over a septic system or leach field.
[2] Where the solar collector panel is located in a FEMA designated floodplain,
all panels and related equipment shall be installed above the base flood
elevation.
[3] Roof mounted solar collector panels shall not project more than four feet (4’)
above the roof surface in nonresidential zoning districts or more than two
feet (2’) in residential or agricultural zoning districts.
[4] Ground mounted panels shall be sited behind existing vegetation or utilize
the natural topography to provide a screen from adjacent properties.
(b) Ground mounted solar collector panels shall be set back as follows:
[1] Front yard (from recorded right-of-way line) – 30’.
[2] Rear yard (from recorded property line or right-of-way line) – 30’.
[3] Side yard (from recorded property line) – 20’.
(c) Maximum height of ground mounted solar collector panels – 10’.
(2)
Small Wind Energy Systems:
(a) Submittal of a site plan with the following information for review by the Zoning
Officer is required:
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[1] Plat plan with dimensions indicating the proposed location and height of the
wind energy system.
[2] Existing structures and minimum setback lines for the zoning district.
[3] The location of any overhead public utility lines.
[4] Maximum sound levels from the manufacturer.
[5] Foundations, guy anchors and associated equipment location.
[6] Detailed description of electrical components and connection to the existing
grid, if proposed.
(b) Maximum height of the tower shall not exceed 45 feet.
(c) Small wind energy systems shall be set back a distance equal to 110% of the total
height from:
[1] Recorded rights-of-way, unless exempted by the government entity with
jurisdiction over the road.
[2] Any overhead utility lines.
[3] All property lines, unless the affected property owner agrees in writing to
permit the fall zone to overlap properties.
[4] Any driveways, sidewalks, parking areas or bicycle or walking trails.
(d) Small wind energy systems shall meet minimum setbacks for principal structures for
the zoning district where proposed.
(e) Maximum sound level shall not exceed sixty (60) decibels (A scale dBA) at the
property line.
(f)
Applicant shall demonstrate that significant shadowing or flicker does not adversely
impact neighboring or adjacent uses.
(g) Applicant shall demonstrate through site planning that the visual impact of the wind
energy system will be minimized for surrounding neighbors including but not limited
to site location, turbine design or appearance, and screening of ground mounted
electrical equipment.
(h) Small wind energy systems shall not be artificially lit unless required by the Federal
Aviation Administration (FAA).
(i)
A wind energy system turbine abandoned or inoperable for a period of twelve (12)
months shall be removed by the owner within ninety (90) days of receipt of a Notice
of Abandonment from the Zoning Officer.
(j) The Township may require the positing of surety prior to the issuance of a zoning or
building permit to cover the cost of removal of the wind energy system.
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§190-701
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§190-701
Article VII
Sign Regulations
§190-701.
Purpose.
The purpose of this article is to protect the safety and orderly development of the community through
the regulation of signs and sign structures.
§190-702.
General sign types.
Sign types shall be as depicted in Appendix C and the computation of sign areas and heights as shown in
Tables D, E and F.
§190-703.
General provisions.
A.
Conformance to codes. Any sign hereafter erected shall conform to the provisions of this article
and the provisions of the International Building Code and of any other ordinance or regulation
within this jurisdiction.
B.
Signs in rights-of-way. No sign other than an official traffic sign or similar sign shall be erected
within two feet (610 mm) of the right-of-way of any street, unless specifically authorized by
other ordinances or regulations of this jurisdiction or by specific authorization of the Code
Official.
C.
Projections over streets. Signs projecting over streets shall be permitted to do so only subject to
the projection and clearance limits either defined herein or, if not so defined, at a minimum
height of eight feet (2,438 mm) from grade level to the bottom of the sign. Signs, architectural
projections or sign structures projecting over vehicular access areas must conform to the
minimum height clearance limitations imposed by the jurisdiction for such structures.
D.
Traffic visibility. No sign or sign structure shall be erected at the intersection of any street or
driveway in such a manner as to obstruct free and clear vision, nor at any location where by its
position, shape or color it may interfere with or obstruct the view of or be confused with any
authorized traffic sign, signal or device.
E.
Computation of frontage. If a premises contains walls facing more than one property line or
encompasses property frontage bounded by more than one street or other property usages, the
sign area(s) for each building wall or property frontage will be computed separately for each
building wall or property line facing a different frontage. The sign area(s) thus calculated shall be
permitted to then be applied to permitted signs placed on each separate wall or property line
frontage; provided, however, notwithstanding any other provisions of this article, that on lots of
30,000 square feet or less only one sign shall be permitted on said lot.
F.
Animation, illumination and changeable messages. Animated signs, changeable signs and
electronic message centers, except as prohibited in §190-705 are permitted in all zoning
districts. Illuminated and/or animated signs and electronic message centers shall be
extinguished by 11:00 p.m. or whenever the site use or activity closes, whichever is later.
Changeable signs, manually or electrically activated, are permitted for nonresidential uses
subject to all other provisions of this Zoning Ordinance.
(1)
Article VII
Animated signs, electronic changeable signs and electronic message centers shall come
equipped with automatic dimming technology which automatically adjusts brightness of
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§190-703
display to changing ambient light conditions. Said dimming function shall be enabled
and operational at all times.
(2)
Animated signs, changeable signs and electronic message centers shall be only used to
advertise activities or goods or services available on the property on which the sign or
message center is located, or to present messages of a public service nature.
(3)
Animated signs, electronic changeable signs and electronic message centers shall
comprise no more than 40% of the total allowable square footage of signage for any
given site.
(4)
Within any given multi-tenant building or complex, only one (1) animated sign or
electronic message center shall be allowed. Said sign or message center shall comprise
no more than 50% of the total allowable square footage of signage for any given site.
(5)
Each message displayed on any of the above listed electronic media must be static or
depicted for a minimum of ten (10) seconds. Duration time for fade out and fade in
effects or scrolling of a message shall be included as display time. The continuous
scrolling of a message is prohibited.
G.
Maintenance, repair and removal. Every sign permitted by this article shall be kept in good
condition and repair. When any sign becomes insecure, in danger of falling or is otherwise
deemed unsafe by the Code Official, or if any sign shall be unlawfully installed, erected or
maintained in violation of any of the provisions of this article, the owner thereof or the person
or firm using same shall, upon written notice by the Code Official forthwith in the case within
not more than 10 days, make such sign conform to the provisions of this article, or shall remove
it. If within 10 days the order is not complied with, the Code Official shall be permitted to
remove or cause such sign to be removed at the expense of the owner and/or the user of the
sign.
H.
Obsolete sign copy. Any sign copy that no longer advertises or identifies a use conducted on the
property on which said sign is erected must have the sign copy covered or removed within 30
days after written notification from the Code Official, and upon failure to comply with such
notice, the Code Official is hereby authorized to cause removal of such sign copy, and any
expense incident thereto shall be paid by the owner of the building, structure or ground on
which the sign is located.
I.
Nonconforming signs. Any sign legally existing at the time of the passage of this article that does
not conform in use, location, height, or size with the regulations of the zone in which such sign is
located, shall be considered a legal nonconforming use or structure and shall be permitted to
continue in such status until such time as it is either abandoned or removed by its owner,
subject to the following limitations:
Page 106
(1)
Structural alterations, enlargement or re-erection are permissible only where
such alterations will not increase the degree of nonconformity of the signs.
(2)
Any legal nonconforming sign shall be removed or rebuilt without increasing the
existing height or area if it is damaged, or removed if allowed to deteriorate to
the extent that the cost of repair or restoration exceeds 50% of the replacement
cost of the sign as determined by the Code Official.
(3)
Signs that comply with either Subsection I(1) or (2) above need to be permitted.
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§190-704
J.
Zoning
§190-704
Special yard provisions. Notwithstanding any provisions of this article, only one sign of any type
(either wall, freestanding, canopy and marquee signs, awning signs, projecting signs, under
canopy signs, roof signs and menu boards) shall be permitted on property on which the sign will
face or abut a residential zone or use. Said sign shall be located no closer than 40% of the width
of the lot line of a residential zoned lot or residential use on which the sign shall face. None of
the above signs shall be illuminated or animated.
§190-704.
Exempt signs.
The following signs shall be exempt from the provisions of this Chapter. No other sign shall be exempt
from § 190-706.
A.
Official notices authorized by a court, public body or public safety official.
B.
Directional, warning or information signs authorized by federal, Commonwealth or municipal
governments.
C.
Memorial plaques, building identification signs and building cornerstones when cut or carved
into a masonry surface or when made of noncombustible material and made an integral part of
the building or structure.
D.
The flag of a government or noncommercial institution, such as a school.
E.
Religious symbols and seasonal decorations within the appropriate public holiday season.
F.
Works of fine art displayed in conjunction with a commercial enterprise where the enterprise
does not receive direct commercial gain.
G.
Street address signs and combination nameplate and street address signs, as provided for in
Chapter 150 (Streets and Sidewalks), Article III of the Code of Penn Township.
H.
Noncommercial signs.
§190-705.
Prohibited signs.
Prohibited signs. The following devices and locations shall be specifically prohibited:
A.
Signs located in such a manner as to obstruct or otherwise interfere with an official traffic sign,
signal or device, or obstruct or interfere with a driver's view of approaching, merging or
intersecting traffic.
B.
Banner signs, except: 1) as nonprofit banner signs advertising special events, not erected over a
street, highway or right-of-way, and only with approval of the landowner; or, if located over a
street, highway or right-of-way owned or maintained by the Commonwealth of Pennsylvania or
the County of Westmoreland with the approval of the appropriate governmental unit; provided,
further, that such banner sign located over a state highway or right-of-way shall only be erected
in accordance with Resolution No. 25 of 1999 of Penn Township, as it maybe from time to time
amended; or 2) as special promotion, event and grand opening signs as set forth in Subsection G
of this Section.
C.
Signs which blink, flash or are animated by lighting in any fashion that would cause such signs to
have the appearance of traffic safety signs and lights or municipal vehicle warnings from a
distance.
D.
Portable signs except as allowed for temporary signs.
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§190-706
E.
Zoning
§190-706
Any sign attached to or placed on a vehicle or trailer parked on public or private property,
except for signs meeting the following conditions:
(1)
The primary purpose of such a vehicle or trailer is not the display of signs.
(2)
The signs are magnetic, decals or painted upon an integral part of the vehicle or
equipment as originally designed by the manufacturer, and do not break the silhouette
of the vehicle.
(3)
The vehicle or trailer is in operating condition, currently registered and licensed to
operate on public streets, when applicable, and actively used or available for use in the
daily function of the business to which such signs relate.
F.
Vehicles and trailers are not used primarily as static displays, advertising a product or service,
nor utilized as storage, shelter or distribution points for commercial products or services for the
general public.
G.
Balloons, dirigibles, streamers, pinwheels or an inflatable device, except those temporarily
displayed as part of a special sale, promotion or community event. For the purposes of this
subsection, "temporarily" means no more than five consecutive days.
H.
All off premises signs except as otherwise permitted in this Chapter or by the Commonwealth of
Pennsylvania or the County of Westmoreland pursuant to the rules and regulations of each
entity.
§190-706.
Permits.
A.
Permits required. Unless specifically exempted, a permit must be obtained from the Code
Official for the erection and maintenance of all signs erected or maintained within this
jurisdiction and in accordance with other ordinances of this jurisdiction. Exemptions from the
necessity of securing a permit, however, shall not be construed to relieve the owner of the sign
involved from responsibility for its erection and maintenance in safe manner and in a manner in
accordance with all the other provisions of this article.
B.
Construction documents. Before any permit is granted for the erection of a sign or sign structure
requiring such permit, construction documents shall be filed with the Code Official showing the
dimensions, materials and required details of construction, including loads, stresses, anchorage
and any other pertinent data. The permit application shall be accompanied by the written
consent of the owner or lessee of the premises upon which the sign is to be erected and by
engineering calculations signed and sealed by a registered design professional where required
by the International Building Code, as may be in effect within Penn Township.
C.
Changes to signs. No sign shall be altered, enlarged or relocated, except in conformity to the
provisions herein, and only after obtaining a proper permit. The changing of copy, business
names, lettering, sign faces, colors, display and/or graphic matter, or the content of any sign
shall require a permit. The changing or maintenance of the movable parts or components of an
approved sign, that is designed for such changes, shall not be deemed an alteration of the sign.
D.
Permit fees. Permit fees to erect, alter, enlarge or relocate a sign shall be in accordance with the
fee schedule adopted by the Board of Commissioners.
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§190-707
Zoning
§190-707.
A.
§190-707
Specific sign requirements.
Identification signs. Identification signs shall be in accordance with Subsection A(1) through A(3).
(1)
Wall signs. Every multiple-family residential complex, commercial or industrial building,
and every separate nonresidential building or use facing the front, rear or side lot of a
residential use, may display one wall sign subject to the limiting standards set forth in
Table 700A. For shopping centers, planned industrial parks or other multiple occupancy
nonresidential buildings, the building face or wall shall be calculated separately for each
separate occupancy, but in no event will the allowed area for any separate occupancy
be less than 10 square feet.
(2)
Freestanding signs. In addition to any allowable wall signs, every single-family
residential subdivision, multiple-family residential complex, commercial or industrial
building, and every separate nonresidential building or use in a residential zone shall be
permitted to display freestanding or combination signs per street frontage subject to
the limiting standards set forth in Table 700 B.
(3)
Directional signs. Directional signs shall be permitted in all zoning districts subject to the
following limitations:
(a) No more than two on-premises directional signs shall be permitted per street
entrance to any lot. There shall be no limit to the number of directional signs
providing directional information interior to a lot. In all zones, the maximum area
for directional signs shall be six square feet. Not more than 25% of the area of any
directional sign shall be permitted to be devoted to business identification or
logo, which area shall not be assessed as identification sign area.
(b) Off premises directional signs shall be permitted for use only by churches,
schools and other non-profit organizations subject to the following limitations:
(1) The maximum area for off premises directional signs shall be six (6) square
feet. No more than 25% of the area of any off premises directional sign
shall be devoted to the organization or entity identification or logo.
(2) The maximum number of off premises directional signs
organization or entity shall be four (4).
permitted per
(3) No off premises directional sign shall be placed further than one half of
one mile (2,640. feet) from the location of the referenced organization or
entity as delineated from a circle whose center represents the location of
said organization or entity.
(4) Off premises directional signs permitted under this Section shall be require
the issuance of an annual permit which expires on December 31st of the
year in which the permit was issued. Any annual off-premises directional
sign permit which is not renewed by January 31st of the year following its
previous issuance shall be considered unlawfully installed and subject to
removal with no additional notice required thereof.
B.
Temporary signs. Temporary signs shall be in accordance with Subsection B(1) through B(4).
(1)
Article VII
Real estate signs. Real estate signs shall be permitted in all zoning districts, subject to
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Zoning
§190-707
the following limitations:
(2)
(3)
(a)
Real estate signs located on a single residential lot shall be limited to one sign,
not greater than six feet in height and nine square feet in area.
(b)
Real estate signs advertising the sale of lots located within a subdivision shall be
limited to one sign per entrance to the subdivision, and each sign shall be no
greater than 30 square feet in area nor six feet in height. All signs permitted
under this section shall be removed within 10 days after sale of the last original
lot.
(c)
Real estate signs advertising the sale or lease of space within commercial or
industrial buildings shall be no greater than 100 square feet in area nor 20 feet
in height and shall be limited to one sign per street front.
(d)
Real estate signs advertising the sale or lease of vacant business or industrial
land shall be limited to one sign per street front, and each sign shall be no
greater than 20 feet in height, and 75 square feet for property of 10 acres or
less, or 100 square feet for property exceeding 10 acres.
Development and construction signs. Signs temporarily erected during construction to inform
the public of the developer, contractors, architects, engineers, the nature of the project or
anticipated completion dates, shall be permitted in all zoning districts, subject to the following
limitations:
(a)
Such signs on a single residential lot shall be limited to one sign, not greater that
nine feet in height and six square feet in area.
(b)
Such signs for a residential subdivision or multiple residential lots shall be
limited to one sign at each entrance to the subdivision or on one of the lots to
be built upon and shall be no greater than 15 feet in height and six square feet
in area.
(c)
Such signs for nonresidential uses in residential districts shall be limited to one
sign and shall be no greater than six feet in height and 15 square feet in area.
(d)
Such signs for commercial or industrial projects shall be limited to one sign per
street front, not to exceed 20 feet in height and 75 square feet for projects on
parcels five acres or less in size, and not to exceed 20 feet in height and 100
square feet for projects on parcels larger than five acres.
(e)
Development and construction signs may not be displayed until after the
issuance of construction permits by the Building Official and must be removed
not later than 24 hours following issuance of an occupancy permit for any or all
portions or the project.
Special promotion, event and grand opening signs. Signs, except as provided in this Section,
temporarily displayed to advertise special promotions, events and grand openings shall be
permitted for nonresidential uses in a residential district and for all commercial and industrial
districts, subject to the following limitations:
(a)
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Such signs shall be limited to one sign per street front.
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§190-707
(4)
C.
Zoning
§190-707
(b)
Such signs may be displayed for not more than 30 consecutive days and shall be
removed not more than three days after the special event, promotion or grand
opening.
(c)
The total area of all such signs shall not exceed 32 square feet in any singlefamily residential district, 32 square feet in any multiple-family residential
district and 32 square feet in any commercial or industrial district.
Portable signs. Portable signs shall be permitted in all zoning districts, as designated in this
Chapter, subject to the following limitations:
(a)
No more than one such sign may be displayed on any property and shall not
exceed a height of six feet nor an area of 32 square feet.
(b)
Such signs shall be displayed not more than 30 days in any calendar year.
(c)
Any electrical portable signs shall comply with the ICC Electrical Code, as
adopted in this jurisdiction.
(d)
No portable sign shall be displayed prior to obtaining a sign permit.
Requirements for specific sign types. Signs of specific type shall be in accordance with
Subsection C(1) through C(7).
(1)
(2)
(3)
Article VII
Canopy and marquee signs.
(a)
The permanently affixed copy area of canopy or marquee signs shall not exceed
an area equal to 25% of the face area of the canopy, marquee or architectural
projection upon which such sign is affixed or applied.
(b)
Graphic striping, patterns or color bands on the face of a building, canopy,
marquee or architectural projection shall not be included in the computation of
sign copy area.
Awning signs.
(a)
The copy area of awning signs shall not exceed an area equal to 25% of the
background area of the awning or awning surface to which such a sign is affixed
or applied, or the permitted area for wall or fascia signs, whichever is less.
(b)
Neither the background color of an awning, nor any graphic treatment or
embellishment thereto such as striping, patterns or valances, shall be included
in the computation of sign copy area.
Projecting signs.
(a)
Projecting signs shall be permitted in lieu of freestanding signage on any street
frontage, limited to one sign per occupancy along any street frontage with
public entrance to such an occupancy, and shall be limited in height and area to
one square foot per each one lineal foot of building frontage, except that no
such sign shall exceed an area of 150 square feet.
(b)
No such sign shall extend vertically above the highest point of the building
facade upon which it is mounted by more than 50% of the height of the building
facade.
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§190-708
(4)
(5)
(6)
Zoning
§190-708
(c)
Such signs shall not extend over a public sidewalk in excess of 50% of the width
of the sidewalk.
(d)
Such signs shall maintain a clear vertical distance above any street a minimum
of 17 feet.
(e)
No such sign shall be erected with its closest point less than 2 feet from an
established right-of-way line.
Under canopy signs.
(a)
Under canopy signs shall be limited to no more than one such sign per public
entrance to any occupancy and shall be limited to an area not to exceed 16
square feet.
(b)
Such signs shall maintain a clear vertical distance above any sidewalk or
pedestrian way a minimum of eight feet.
Roof signs.
(a)
Roof signs shall be permitted in industrial districts only.
(b)
Such signs shall be limited to a height above the roofline of the elevation
parallel to the sign face of no more 20% of the height of the roofline in industrial
districts.
(c)
The sign area for roof signs shall be assessed against the aggregate permitted
area for wall signs on the elevation of the building most closely parallel to the
face of the sign.
Window signs. Window signs shall be permitted for any nonresidential use in a
residential district and for all commercial and industrial districts, subject to the following
limitations:
(a) The aggregate area of all such signs shall not exceed 25% of the window area on
which such signs are displayed. Window panels separated by mullions shall be
considered as one continuous window area. Said sign shall be either on the inside
surface of the glass, or affixed on the exterior side of the glass.
(b) Window signs shall not be assessed against the sign area permitted for other sign
types.
(7)
§190-708.
A.
Menu boards. Menu board signs shall not be permitted to exceed 50 square feet.
Signs for development complexes.
Master sign plan required. All landlord or single-owner controlled multiple-occupancy
development complexes, including but not limited to shopping centers, planned industrial parks,
or multi-unit business or retail centers, shall submit to the Code Official a master sign plan prior
to issuance of any new sign permit. The master sign plan shall establish standards and criteria
as set forth in Article VII of this Chapter of the Code for all signs in the complex that require
permits and shall address, at a minimum, the following:
(1)
Proposed sign locations.
(2)
Materials.
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(3)
Type of illumination.
(4)
Design of freestanding sign structures.
(5)
Size.
(6)
Quantity.
(7)
Uniform standards for nonbusiness signage, including directional and informational
signs.
B.
Development complex sign. See Section 190-640, Subsection F.
C.
Compliance with master sign plan. All applications for sign permits for signage within a multipleoccupancy development complex shall comply with the master sign plan.
D.
Amendments. Any change to a master sign plan must be signed and approved by the owner(s)
of the development complex before such change will become effective.
§190-709.
Off-premises outdoor advertising structures.
Additional requirements for outdoor advertising structures. Outdoor advertising structures shall be
subject to all of the following requirements:
A.
Location. Off-premises outdoor advertising structures may be authorized as a permitted use
only in IC District, provided that all of the following requirements are met:
(1)
Outdoor advertising structures shall not be erected within 500 feet of the boundary line
of any R District or within 500 feet of any public or private school, church or cemetery,
said 500 feet being measured along the radius of a circle from the center-most point of
the outdoor advertising structure extending in all directions.
(2)
On interstate and limited access highways, outdoor advertising structures shall not be
erected within 500 feet of an interchange or safety rest area, measured along the
interstate or limited access highway from the beginning or ending of the pavement
widening at the exit from or entrance to the main traveled way.
(3)
Outdoor advertising structures shall maintain a lateral minimum spacing between any
existing or proposed outdoor advertising structure of 1,000 feet. Required spacing shall
be measured along both sides of the same roadway frontage from the center-most
point of the billboard structure along a line extending from the center-most point of the
outdoor advertising structure which is parallel to the center line of the roadway to
which the outdoor advertising structure is oriented.
(4)
No outdoor advertising structure shall be located closer than 10 feet to any public street
right-of-way.
(5)
The minimum side and rear yard requirements applying to a principal structure as set
forth within the zoning district in which the outdoor advertising structure is to be
located shall apply to each outdoor advertising structure.
(6)
No outdoor advertising structure shall be erected in such a manner as to block the view
from the road or street of any existing business identification sign or residential or
nonresidential structure or limit or reduce the light and ventilation requirements.
(7)
No outdoor advertising structure shall be constructed within the clear sight triangle of
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§190-709
the public street or road on which it is situated and not, in any case, obstruct or impede
traffic safety.
B.
C.
(8)
No outdoor advertising structure shall be erected over any sidewalk or public right-ofway.
(9)
Outdoor advertising structures shall not be part of a roof or wall, nor shall they be
mounted on the roof, wall or other part of a building or any other structure.
Size and height. An off-premises outdoor advertising structure shall have a maximum allowable
gross surface area of 450 square feet per sign face. This gross surface shall be permitted,
provided that all of the following additional requirements are met:
(1)
An outdoor advertising structure shall have no more than two sign faces per outdoor
advertising structure, which may be placed back to back or in a V-shaped configuration
having an interior angle of 90° or less.
(2)
The dimensions of the gross surface area of the outdoor advertising structure sign face
shall not exceed 20 feet in total height or 25 feet in total length, provided that the total
allowable gross surface area for the sign face is not exceeded.
(3)
An outdoor advertising structure shall have a maximum height above the surface of the
roadway from which it is intended to be viewed of 40 feet.
Construction methods. Off-premises outdoor advertising structures shall be constructed in
accordance with applicable provisions of the Township Building Code, as now or hereafter
adopted, and shall meet all of the following additional requirements:
(1)
An outdoor advertising structure shall have a maximum of one vertical support, being a
maximum of three feet in diameter or width and without additional bracing or vertical
supports.
(2)
An outdoor advertising structure sign face shall be independently supported and shall
have vertical supports of metal which are galvanized or constructed of approved
corrosive-resistant, noncombustible materials. Outdoor advertising structures
constructed with galvanized metal shall not be painted.
(3)
The one vertical support shall be capable of enabling the entire sign face to be able to
withstand a minimum one-hundred-mile-per-hour wind load. Structural design
computations shall be made and certified by a registered engineer and shall be
submitted to the Township with the application for conditional use.
(4)
The base shall be installed using a foundation and footings approved by the Township
Community Development Department for the type of construction proposed.
(5)
The entire base of the outdoor advertising structure parallel to the sign face shall be
permanently landscaped with suitable shrubbery and/or bushes of a minimum height of
three feet, placed in such a manner as to screen the foundation of the structure.
(6)
Landscaping shall be maintained by the sign owner in an attractive and healthy manner
in accordance with accepted conservation practices.
(7)
No bare cuts shall be permitted on a hillside.
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D.
E.
Zoning
§190-709
(8)
All cuts or fills shall be permanently seeded or planted.
(9)
An outdoor advertising structure with display lighting shall be constructed so that it
does not glare upon adjoining property and shall not exceed a maximum foot-candle of
1.5 upon the adjoining property.
(10)
Display lighting shall not operate between 12:00 midnight and 5:00 a.m., prevailing local
time.
(11)
No outdoor advertising structure, sign face or display lighting shall move, flash or emit
noise. No display lighting shall cause distractions, confusion, nuisance or hazards to
traffic, aircraft or other properties.
Maintenance.
(1)
An off-premises outdoor advertising structure shall be entirely painted every three
years, unless constructed of an approved corrosive-resistant material.
(2)
Every 10 years, the owner of the outdoor advertising structure shall have a structural
inspection made of the outdoor advertising structure by a qualified Pennsylvaniaregistered engineer and shall provide to the Township a certificate from the engineer
certifying that the outdoor advertising structure is structurally sound.
(3)
Annual inspections of the outdoor advertising structure shall be conducted by the
Township to determine compliance with this Chapter.
(4)
Outdoor advertising structures found to be in violation of this Chapter shall be brought
into compliance or removed within 30 days, upon proper notification by the Township.
(5)
Outdoor advertising structures using removable paper or other materials shall be
maintained in such condition as to eliminate loose or frayed material protruding or
hanging from the structure. All paper and other waste materials shall be removed from
the site and disposed of properly whenever any sign face is changed.
Liability insurance. The applicant for a sign permit to erect an off-premises outdoor advertising
structure shall provide a certificate of insurance for public liability and property damage which
holds the Township harmless. The amount of insurance to be maintained shall be determined
and adjusted from time to time by resolution of the Township Commissioners. The insurance
certificate shall contain a clause stating that the insurance shall not be cancelled or reduced
without first giving 30 days’ notice to the Township.
TABLE 700 A
IDENTIFICATION SIGN STANDARDS -- WALL SIGNS
Aggregate Area
(square feet)
Land Use
Single-family residential
Multiple-family residential
Nonresidential building or use in a residential zone
Business and industrial
Article VII
Not permitted
10 square feet
25 square feet per sign
100 square feet, aggregate
See Table 700B
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TABLE 700 B
SIGN AREA
Distance of Sign from Road or Adjacent Commercial or Industrial Zone
Percentage of Building Elevation in Square Feet Permitted for
Sign Area
0 to 100 feet
101 to 300 feet
Over 301 feet
5%
10%
20%
TABLE 700 C
IDENTIFICATION SIGN STANDARDS -- FREESTANDING SIGNS a,b,c
Area
Spacing
(square feet)
Single-family
6 maximum
15 each, 30 in
2 per subdivision
residential
the aggregate
entrancea
Multiple-family
Two per entrance
6 maximum
15 each, 30 in
1 per drivewaya
residential
the aggregate
Nonresidential in Two per entrance
6 maximum
15 each, 30 in
300a
a residential zone
the aggregate
Commercial and Two per entrance
8 maximum
24 each, 48 in the
150b
Industrial
aggregate, See
§190-640
a. For subdivision or apartment identification signs placed on a decorative entry wall approved by the
Code Official, two identification signs shall be permitted to be placed at each entrance to the
subdivision or apartment complex, one on each side of the driveway or entry drive.
Land Use
Number of
Signs
Two per entrance
Height (feet)
b.
For shopping centers or planned industrial parks, two monument-style freestanding signs not
exceeding 50% each of the permitted height and area, and spaced not closer than 100 feet to any
other freestanding identification sign, shall be permitted to be allowed in lieu of any freestanding
sign otherwise permitted in Table 700 B
c.
For any commercial or industrial development complex exceeding 1,000,000 square feet of gross
leasable area or 40 acres in size, such as regional shopping centers, auto malls or planned commerce
parks, one freestanding sign per street front shall be permitted to be increased in sign area by up to
50%.
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Table D
On-premises freestanding signs in CC and IC Districts.
Vehicular speed subject to posted limited of 35 mph or below.
For SI: 1 foot equals 304.8 mm, 1 square foot 0.0929 m 2, 1 mile per hour equals 1.609 km/h.
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§190-709
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Table E
On-premises freestanding signs in CC and IC Districts.
Vehicular speed subject to posted limits between 40 and 55 mph.
For SI: 1 foot equals 304.8 mm, 1 square foot 0.0929 m 2, 1 mile per hour equals 1.609 km/h.
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Table F
On-premises freestanding signs in CC and IC Districts.
Vehicular speed subject to posted limits greater than 55 mph
For SI: 1 foot equals 304.8 mm, 1 square foot 0.0929 m 2, 1 mile per hour equals 1.609 km/h.
Article VII
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§190-801
Zoning
§190-805
ARTICLE VIII
Zoning Hearing Board and Nonconformities
§190-801.
Creation; membership; appointment; terms; vacancies. [Amended 7-21-1998
by Ord. No. 707]
A Zoning Hearing Board is hereby created. The membership of the Board shall consist of five residents of
the Township appointed by the Township Commissioners. Their terms of office shall be five years and
shall be so fixed that the term of one member shall expire each year. The Zoning Hearing Board shall
promptly notify the Township Commissioners of any vacancies which occur. Appointments to fill
vacancies shall be only for the unexpired portion of the term. Members of the Zoning Hearing Board
shall hold no other office in the Township. For the initial appointment of the two additional members of
the Zoning Hearing Board, one appointment shall be for a term of three years and shall expire on
December 31, 2001. The second appointment shall be for a term of four years and shall expire in the
year 2002. Reappointments or new appointments shall be made by the Board of Commissioners as
terms expire.
§190-802.
Appointment of alternate members.
The Township Commissioners may appoint by resolution at least one but no more than three residents
of the Township to serve as alternate members of the Board. The term of office of an alternate member
shall be three years. When seated pursuant to the provisions of §190-801, an alternate shall be entitled
to participate in all proceedings and discussions of the Board to the same and full extent as provided by
law for Board members, including specifically the right to cast a vote as a voting member during the
proceedings, and shall have all the powers and duties set forth in this Chapter and as otherwise
provided by law. Alternates shall hold no other office in the Township, including membership on the
Planning Commission and Zoning Officer. Any alternate may participate in any proceeding or discussion
of the Board but shall not be entitled to vote as a member of the Board unless designated as a voting
alternate member pursuant to §190-801 of this Chapter.
§190-803.
Participation by alternate members.
If, by reason of absence or disqualification of a member, a quorum is not reached, the Chairman of the
Board shall designate as many alternate members of the Board to sit on the Board as may be needed to
provide a quorum. Any alternate member of the Board shall continue to serve on the Board in all
proceedings involving the matter or case for which the alternate was initially appointed until the Board
has made a final determination of the matter or case. Designation of an alternate pursuant to this
section shall be made on a case-by-case basis in rotation according to declining seniority among all
alternates.
§190-804.
Removal of members.
Any Zoning Hearing Board member may be removed for malfeasance, misfeasance or nonfeasance in
office or for other just cause by a majority vote of the Township Commissioners which appointed the
member, taken after the member has received 15 days' advance notice of the intent to take such a vote.
A hearing shall be held in connection with the vote if the member shall request it in writing to the
Township Commissioners.
§190-805.
Organization of Board; quorum.
The Zoning Hearing Board shall elect, from its own membership, its officers, who shall serve annual
terms as such and may succeed themselves. For the conduct of any hearing and the taking of any action,
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§190-806
a quorum shall be not less than a majority of all members of the Zoning Hearing Board, but the Zoning
Hearing Board may appoint a hearing officer from its own membership to conduct any hearing on its
behalf, and the parties may waive further action by the Zoning Hearing Board as provided in Article IX,
Section 908, of the Pennsylvania Municipalities Planning Code, Act 247 of 196818, as amended. The
Zoning Hearing Board may make, alter and rescind rules and forms for its procedure, consistent with
ordinances of the Township and laws of the Commonwealth of Pennsylvania. The Zoning Hearing Board
shall keep full public records of its business and shall submit a report of its activities to the Township
Commissioners once a year.
§190-806.
Salaries and compensation.
Within the limits of funds appropriated by the Township Commissioners, the Board may employ or
contract for secretaries, clerks, legal counsel, consultants and other technical and clerical services.
Members of the Board and alternatives may receive compensation for the performance of their duties,
as may be fixed by the Township Commissioners, but in no case shall it exceed the rate of compensation
authorized to be paid to the members of the Township Commissioners.
§190-807.
Expenses.
A.
The Township Commissioners may prescribe reasonable fees with respect to hearings before the
Zoning Hearing Board. Fees for said hearings may include compensation for the secretary and
members of the Zoning Hearing Board, notice and advertising costs and necessary
administrative overhead connected with the hearing. The costs, however, shall not include legal
expenses of the Zoning Hearing Board, expenses for engineering, architectural or other technical
consultants or expert witness costs.
B.
The appearance fee for a stenographer shall be shared equally by the applicant and the Board.
The cost of the original transcript shall be paid by the Board if the transcript is ordered by the
Board or hearing officer or shall be paid by the person appealing from the decision of the Board
if such appeal is made, and in either event the cost of additional copies shall be paid by the
person requesting such copy or copies. In other cases, the party requesting the original
transcript shall bear the cost thereof.
§190-808.
Jurisdiction of Board.
The Zoning Hearing Board shall have exclusive jurisdiction to hear and render final adjudication in the
following matters:
A.
Substantive challenges to the validity of any land use ordinance, except curative amendments
brought before the Township Commissioners.
B.
Challenges to the validity of a land use ordinance raising procedural questions or alleged defects
in the process of enactment or adoption, which challenges shall be raised by an appeal taken
with 30 days after the effective date of this Chapter.
C.
Appeals from the determination of the Zoning Officer, including but not limited to the granting
or denial of any permit or failure to act on the application therefor, the issuance of any cease
and desist order or the registration or refusal to register any nonconforming use, structure or
lot.
18.
Editor's Note: See 53 P.S. § 10908.
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§190-809
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D.
Appeals from a determination by the Township Engineer or the Zoning Officer with reference to
the administration of any floodplain or flood hazard ordinance or such provisions within a land
use ordinance.
E.
Applications for variances from the terms of this Chapter, a flood hazard ordinance or such
provisions within a land use ordinance pursuant to §190-808 of this Chapter.
F.
Applications for special exceptions where specified under this Chapter or a floodplain or flood
hazard ordinance or such provisions within a land use ordinance, pursuant to § 190-808 of this
Chapter.
G.
Appeals from the determination of any officer or agency charged with the administration of any
transfers of development rights or performance density provisions of this Chapter.
H.
Appeals from the Zoning Officer's determination under Section 916.2 of the Pennsylvania
Municipalities Planning Code, Act 247 of 1968, as amended.19
I.
Appeals from the determination of the Zoning Officer or Township Engineer in the
administration of any land use ordinance or provision thereof with reference to sedimentation
and erosion control and stormwater management insofar as the same relates to development
not involving subdivision and land development or alternative residential or mixed-use
development models.
§190-809.
Hearings.
The Board shall conduct hearings and make decisions in accordance with the following requirements:
A.
Public notice shall be given and written notice shall be given to the applicant, the county
planning agency, the Zoning Officer, such other persons as the Township Commissioners shall
designate by ordinance and to any person who has made timely request for the same. Written
notices shall be given at such time and in such manner as shall be prescribed by ordinance or, in
the absence of ordinance provisions, by rules of the Board. The Township Commissioners may
establish reasonable fees, based on cost, to be paid by the applicant and by persons requesting
any notice not required by ordinance. In addition to the above notices, notice of said hearing
shall be conspicuously posted on the affected land at least one week prior to the hearing.
B.
The first hearing before the board or hearing officer shall be commenced within 60 days from
the date of receipt of the applicant’s application, unless the applicant has agreed in writing to an
extension of time. Each subsequent hearing before the board or hearing officer shall be held
within 45 days of the prior hearing, unless otherwise agreed to by the applicant in writing or on
the record. An applicant shall complete the presentation of his case-in-chief within 100 days of
the first hearing. Upon the request of the applicant, the board or hearing officer shall assure
that the applicant receives at least seven hours of hearings within the 100 days, including the
first hearing. Persons opposed to the application shall complete the presentation of their
opposition to the application within 100 days of the first hearing held after the completion of
the applicant's case-in-chief. And applicant may, upon request, be granted additional hearings
to complete his case-in-chief provided the persons opposed to the application are granted an
equal number of additional hearings. Persons opposed to the application may, upon the written
consent or consent on the record by the applicant and Township, be granted additional hearings
19.
Editor's Note: See 53 P.S. § 10916.2.
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§190-809
to complete their opposition to the application provided the applicant is granted an equal
number of additional hearings for rebuttal. The hearings shall be conducted by the Board, or
the Board may appoint any of its members as a Hearing Officer. The decision or, where no
decision is called for, the findings shall be made by the Board, but the parties may waive
decision or findings by the Board and accept the decision or findings of the Hearing Officer as
final.
C.
The hearings shall be conducted by the Board, or the Board may appoint any of its members as a
Hearing Officer. The decision or, where not decision is called for, the findings shall be made by
the Board, but the parties may waive decision or findings by the Board and accept the decision
or findings of the Hearing Officer as final.
D.
The parties to the hearing shall be Penn Township and any person affected by the application
who has made timely appearance of record before the Board and any other person, including
persons representing civic or community organizations, permitted to appear by the Board. The
Board shall have the power to require that all persons who wish to be considered parties enter
appearances in writing on forms provided by the Board for that purpose.
E.
The Chairman or Acting Chairman of the Board or the Hearing Officer presiding shall have power
to administer oaths and issue subpoenas to compel the attendance of witnesses and the
production of relevant documents and papers, including witnesses and documents requested by
the parties.
F.
The parties shall have the right to be represented by counsel and shall be afforded the
opportunity to respond and to present evidence and argument and to cross-examine adverse
witnesses on all relevant issues.
G.
Formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious
evidence may be excluded.
H.
The Board or the Hearing Officers, as the case may be, shall keep a stenographic record of the
proceedings from which a transcript may be produced. Copies of graphic or written material
received in evidence shall be made available to any party at cost.
I.
The Board or the Hearing Officer shall not communicate, directly or indirectly, with any party or
his representatives in connection with any issue involved except upon notice and opportunity
for all parties to participate, shall not take notice of any communication, reports, staff
memoranda or other materials except advice from their Solicitor, unless the parties are afforded
an opportunity to contest the material so noticed and shall not inspect the site or its
surroundings after the commencement of the hearings with any party or his representative
unless all parties are given an opportunity to be present.
J.
The Board or the Hearing Officer, as the case may be, shall render a written decision or, when
no decision is called for, make written findings on the application within 45 days after the last
hearing before the Board or Hearing Officer. Where the application is contested or denied, each
decision shall be accompanied by findings of fact and conclusions based thereon together with
the reasons therefor. Conclusions based on any provisions of Act 247 of 196820, as amended, or
of any ordinance, rule or regulation shall contain a reference to the provision relied on and the
20.
Editor's Note: See 53 P.S. § 10101 et seq.
Article VIII
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§190-810
Zoning
§190-810
reasons why the conclusion is deemed appropriate in the light of the facts found. If the hearing
is conducted by a Hearing Officer and there has been no stipulation that his decision or findings
are final, the Board shall make his report and recommendations available to the parties within
45 days, and the parties shall be entitled to make written recommendations thereon to the
Board prior to final decision or entry of findings, and the Board's decision shall be entered no
later than 30 days after the report of the Hearing Officer.
K.
Except for challenges filed under Section 916,1 of the Pennsylvania Municipalities Planning
Code, where the Board has power to render a decision and the Board or the Hearing Officer, as
the case may be, fails to render the same within the period required by this section, or fails to
commence, conduct or complete the required hearing as provided in Subsection B, the decision
shall be deemed to have been rendered in favor of the applicant, unless the applicant has
agreed, in writing or on the record, to an extension of time.
L.
When a decision has been rendered in favor of the applicant because of failure of the Board to
meet or render a decision, the Board shall give public notice of the decision within 10 days from
the last day it could have met to render a decision. If the Board shall fail to provide such notice,
the applicant may do so. Nothing in this section shall prejudice the right of any party opposing
the application to appeal the decision to the Court of Common Pleas.
M.
A copy of the final decision or, where no decision is called for, of the findings shall be delivered
to the applicant personally or mailed to him not later than the day following its date. To all other
persons who have filed their names and addresses with the Board not later than the last day of
the hearing, the Board shall provide, by mail or otherwise, brief notice of the decision or findings
and a statement of the place at which the full decision or findings may be examined.
§190-810.
A.
Powers and duties; Variances.
The Board shall hear requests for variances where it is alleged that the provisions of this Chapter
(Zoning) inflict unnecessary hardship upon the applicant. The Board may, by rule, prescribe the
form of application and may require preliminary application to the Zoning Officer. The Board
may grant a variance, provided that the following findings are made where relevant in a given
case:
(1)
That there are unique physical circumstances or conditions, including irregularity,
narrowness or shallowness of lot size or shape or exceptional topographical or other
physical conditions peculiar to the particular property and that the unnecessary hardship is
due to such conditions and not the circumstances or conditions generally created by the
provisions of this Chapter in the neighborhood or district in which the property is located;
(2)
That because of such physical circumstances or conditions, there is no possibility that the
property can be developed in strict conformity with the provisions of this Chapter and that
the authorization of a variance is therefore necessary to enable the reasonable use of the
property;
(3)
That such unnecessary hardship has not been created by the applicant;
(4)
That the variance, if authorized, will not alter the essential character of the neighborhood
or district in which the property is located nor substantially or permanently impair the
appropriate use or development of adjacent properties nor be detrimental to the public
welfare; and
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§190-811
(5)
B.
Zoning
§190-811
That the variance, if authorized, will represent the minimum variance that will afford relief
and will represent the least modification possible of the regulation in issue.
In granting any variance, the Board may attach such reasonable conditions and safeguards as it
may deem necessary to implement the purposes of the Pennsylvania Municipalities Planning
Code, Act 247 of 1968, as amended,21 and this Chapter (Zoning).
§190-811.
Powers and duties; Special exceptions.
The Board shall hear and decide requests for such special exceptions in accordance with the standards
and criteria for particular uses outlined in this Section. In granting a special exception, the Board may
attach such reasonable conditions and safeguards, in addition to those expressed in this Chapter, where
such action is specified and as it may deem necessary to implement the purposes of the Pennsylvania
Municipalities Planning Code, Act 247 of 1968, as amended,22 and this Chapter. The Board may grant a
special exception where such action is specified, provided that all of the following findings are made:
A.
The special exception shall be in accordance with the express standards and criteria in this
section for a special exception.
B.
The special exception shall not involve any hazardous element or cause any nuisance to any
property or persons and shall comply with any performance standards established in this
Chapter or other applicable Township ordinances.
C.
The special exception shall be sighted, oriented and landscaped to produce a harmonious
relationship of buildings and grounds to adjacent buildings and properties.
D.
The special exception shall produce a total visual impression and environment which is
consistent with the environment of the neighborhood in which it is proposed to be situated.
E.
The special exception use shall be designed to manage vehicular access, interior circulation and
required parking to minimize traffic congestion in the neighborhood
F.
The special exception shall preserve the purposes of this Chapter by mitigating use
characteristics deemed to be incompatible with existing uses.
§190-812.
Mediation option.
A.
Parties to proceedings authorized in this Chapter may utilize mediation as an aid in completing
such proceedings. In proceedings before the Zoning Hearing Board, in no case shall the Zoning
Hearing Board initiate mediation or participate as a mediating party. Mediation shall
supplement, not replace, those procedures in this Chapter once they have been formally
initiated. Nothing in this section shall be interpreted as expanding or limiting municipal police
powers or as modifying any principles of substantive law.
B.
Participation in mediation shall be wholly voluntary. The appropriateness of mediation shall be
determined by the particulars of each case and the willingness of the parties to negotiate. Any
municipality offering the mediation option shall assure that in each case, the mediating parties,
assisted by the mediator as appropriate, develop terms and conditions for:
(1)
21.
22.
Funding mediation.
Editor's Note: See 53 P.S. § 10101 et seq.
Editor's Note: See 53 P.S. § 10101 et seq.
Article VIII
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§190-813
C.
Zoning
§190-814
(2)
Selecting a mediator who, at a minimum, shall have a working knowledge of municipal
zoning and subdivision procedures and demonstrated skills in mediation.
(3)
Completing mediation, including time limits for such completion.
(4)
Suspending time limits otherwise authorized in this Chapter or in the Pennsylvania
Municipalities Planning Code, Act 247 of 1968, as amended,23 provided that there is
written consent by the mediating parties and by an applicant or Township decision-making
body, if either is not a party to the mediation.
(5)
Identifying all parties and affording them the opportunity to participate.
(6)
Subject to legal restraints, determining whether some or all of the mediation sessions shall
be open or closed to the public.
(7)
Assuring that mediated solutions are in writing and signed by the parties and become
subject to review and approval by the appropriate decision-making body pursuant to the
authorized procedures set forth in this Chapter.
No offers or statements made in the mediation sessions, excluding the final written mediated
agreement, shall be admissible as evidence in any subsequent judicial or administrative
proceedings.
§190-813.
Time limitations; persons aggrieved.
A.
No person shall file any proceeding with the Board later than 30 days after any application for
development, preliminary or final, has been approved by an appropriate Township officer,
agency or body if such proceeding is designed to secure reversal or to limit the approval in any
manner, unless such person alleges and proves that he had no notice, knowledge or reason to
believe that such approval had been given. If such person has succeeded to his interest after
such approval, he shall be bound by the knowledge of his predecessor in interest.
B.
All appeals from determinations adverse to the landowner shall be filed by the landowner within
30 days after notice of the determination is issued.
§190-814.
A.
23.
Stay of proceedings.
Upon filing of any proceeding and during its pendency before the Board, all land development
pursuant to any challenged ordinance, order or approval of the Zoning Officer or of any agency
or body and all official action thereunder shall be stayed unless the Zoning Officer or any other
appropriate agency or body certifies to the Board facts indicating that such stay would cause
imminent peril to life or property, in which case the development or official action shall not be
stayed otherwise than by a restraining order, which may be granted by the Board or by the
court having jurisdiction of zoning appeals on petition after notice to the Zoning Officer or other
appropriate agency or body. When an application for development, preliminary or final, has
been duly approved and proceedings designed to reverse or limit the approval are filed with the
Board by persons other than the applicant, the applicant may petition the court having
jurisdiction of zoning appeals to order such persons to post bond as a condition to continuing
the proceedings before the Board.
Editor's Note: See 53 P.S. § 10101 et seq.
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Zoning
§190-815
B.
The question whether or not such petition should be granted and the amount of the bond shall
be within the sound discretion of the court. All appeals from decisions rendered by the Zoning
Hearing Board shall be taken to the Westmoreland County Court of Common Pleas and shall be
filed within 30 days after the entry of the decision or, in the case of a deemed decision, within
30 days after the date upon which notice of said deemed decision is given as required this
Article.
C.
If an appeal is taken by a respondent to the petition for a bond from an order of the court
dismissing a zoning appeal for refusal to post a bond and the appellate court sustains the order
of the court below to post a bond, the respondent to the petition for a bond, upon motion of
the petitioner and after hearing in the court having jurisdiction of zoning appeals, shall be liable
for all reasonable costs, expenses and attorney fees incurred by the petitioner.
§190-815.
A.
B.
C.
Validity of Ordinance; Substantive Questions.
A landowner who, on substantive grounds, desires to challenge the validity of an ordinance or
map or any provision thereof which prohibits or restricts the use or development of land in
which he has an interest shall submit the challenge either:
(1)
to the Zoning Hearing Board; or
(2)
to the Board of Commissioners, together with a request for a curative amendment.
Persons aggrieved by a use or development permitted on the land of another by an ordinance or
map, or any provision thereof, who desires to challenge its validity on substantive grounds shall
first submit their challenge to the Zoning Hearing Board for a decision thereon under §190-808.
The submissions referred to in Subsections A and B shall be governed by the following:
(1)
In challenges before the Zoning Hearing Board, the challenging party shall make a written
request to the board that it hold a hearing on its challenge. The request shall contain the
reasons for the challenge. Where the landowner desires to challenge the validity of such
ordinance and elects to proceed by curative amendment, his application to the Board of
Commissioners shall contain, in addition to the requirements of the written request
hereof, the plans and explanatory materials describing the use or development proposed
by the landowner in lieu of the use or development permitted by the challenged ordinance
or map. Such plans or other materials shall not be required to meet the standards
prescribed for preliminary, tentative or final approval or for the issuance of a permit, so
long as they provide reasonable notice of the proposed use or development and a
sufficient basis for evaluating the challenged ordinance or map in light thereof. Nothing
herein contained shall preclude the landowner from first seeking a final approval before
submitting his challenge.
(2)
If the submission is made by the landowner to the Board of Commissioners under
Subsection A(2), the request also shall be accompanied by an amendment or amendments
to the ordinance proposed by the landowner to cure the alleged defects therein.
(3)
If the submission is made to the Board of Commissioners, the municipal solicitor shall
represent and advise it at the hearing or hearings referred to in § 190-809.
(4)
The Board of Commissioners may retain an independent attorney to present the defense
of the challenged ordinance or map on its behalf and to present their witnesses on its
behalf.
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§190-815
(5)
Zoning
§190-815
Based upon the testimony presented at the hearing or hearings, the Board of
Commissioners or the Zoning Hearing Board, as the case may be, shall determine whether
the challenged ordinance or map is defective, as alleged by the landowner. If a challenge
heard by a Board of Commissioners is found to have merit, the Commissioners shall
proceed as provide. If a challenge heard by a Zoning Hearing Board is found to have merit,
the decision of the Zoning Hearing Board shall include recommended amendments to the
challenged ordinance which will cure the defects found. In reaching its decision, the Zoning
Hearing Board shall consider the amendments, plans and explanatory material submitted
by the landowner and shall also consider:
(a) the impact of the proposal upon roads, sewer facilities, water supplies, schools and
other public service facilities;
(b) if the proposal is for a residential use, the impact of the proposal upon regional
housing needs and the effectiveness of the proposal in providing housing units of a
type actually available to and affordable by classes of persons otherwise unlawfully
excluded by the challenged provisions of the ordinance or map;
(c) the suitability of the site for the intensity of use proposed by the site’s soils, slopes,
woodlands, wetlands, flood plains, aquifers, natural resources and other natural
features;
(d) the impact of the proposed use on the site’s soils, slopes, woodlands, wetlands, flood
plains, natural resources and natural features, the degree to which these are
protected or destroyed, the tolerance of the resources to development and any
adverse environmental impacts; and
(e) the impact of the proposal on the preservation of agriculture and other land uses
which are essential to public health and welfare.
(6)
The Board of Commissioners or the Zoning Hearing Board, as the case may be, shall render
its decision within 45 days after the conclusion of the last hearing.
(7)
If the Board of Commissioners or the Zoning Hearing Board, as the case may be, fails to act
on the landowner’s request within the time limits referred to in paragraph (6), a denial of
the request is deemed to have occurred on the 46th day after the close of the last hearing.
D.
The Zoning Hearing Board or Board of Commissioners, as the case may be, shall commence its
hearings within 60 days after the request is filed unless the landowner requests or consents to
an extension of time.
E.
Public notice of the hearing shall include notice that the validity of the ordinance or map is in
question and shall give the place where and the times when a copy of the request, including any
plans, explanatory material or proposed amendments may be examined by the public.
F.
The challenge shall be deemed denied when:
(1)
the Zoning Hearing Board or Board of Commissioners, as the case may be, fails to
commence the hearing within the time limits set forth in Subsection D;
(2)
the Board of Commissioners notifies the landowner that it will not adopt the curative
amendment;
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§190-816
G.
Zoning
§190-816
(3)
the Board of Commissioners adopts another curative amendment which is unacceptable to
the landowner; or
(4)
the Zoning Hearing Board or Board of Commissioners, as the case may be, fails to act on
the request 45 days after the close of the last hearing on the request, unless the time is
extended by mutual consent by the landowner and Township.
Where, after the effective date of this act, a curative amendment proposal is approved by the
grant of a curative amendment application by the Board of Commissioners pursuant to the
Pennsylvania Municipalities Planning Code, Section 909.1(b)(4) or a validity challenge is
sustained by the Zoning Hearing Board pursuant to §190-815 or the court acts finally on appeal
from denial of a curative amendment proposal or a validity challenge, and the proposal or
challenge so approved requires a further application for subdivision or land development, the
developer shall have two years from the date of such approval to file an application for
preliminary or tentative approval pursuant to the Penn Township Subdivision and Land
Development Ordinance. Within the two-year period, no subsequent change or amendment in
the zoning, subdivision or other governing ordinance or plan shall be applied in any manner
which adversely affects the rights of the applicant as granted in the curative amendment or the
sustained validity challenge. Upon the filing of the preliminary or tentative plan, the provisions
of the Penn Township Subdivision and Land Development Ordinance shall apply. Where the
proposal appended to the curative amendment application or the validity challenge is approved
but does not require further application under any subdivision or land development ordinance,
the developer shall have one year within which to file for a building permit. Within the one-year
period, no subsequent change or amendment in the zoning, subdivision or other governing
ordinance or plan shall be applied in any manner which adversely affects the rights of the
applicant as granted in the curative amendment or the sustained validity challenge. During
these protected periods, the court shall retain or assume jurisdiction for the purpose of
awarding such supplemental relief as may be necessary.
§190-816.
Nonconforming Uses, Lots and Structures Applicability.
The provisions of this Chapter shall apply to all nonconforming uses, lots, and structures as defined by
this Chapter. Nothing contained herein shall require any change in the overall layout, plans,
construction, size or designated use of any development, building, structure or part thereof for which
official approval and required permits have been granted prior to the effective date of this Chapter or
any amendment thereto.
§190-817.
Continuance of nonconforming use.
Subject to the provisions of this article, a nonconforming use of building or land may be continued or
conveyed from one owner to another even though such use does not conform with the provisions of
this Chapter for the district in which it is located.
§190-818.
Nonconforming lots of record
A.
Regardless of the size of a lot of record prior to the passage of this Ordinance, such lot may be
developed for any use permitted in the district in which the lot is located, provided that where
setback, width, density, or other requirements make development impractical, the Zoning
Hearing Board may permit development to occur after granting specific variances.
B.
If two or more abutting lots of record in one ownership occur prior to passage of this Ordinance
and if one or all of these lots are less than the requirements of lot width and area as established
Article VIII
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§190-819
Zoning
§190-819
in this Ordinance, the total area of all of the lots shall be considered as undivided and no portion
of the area of lots shall be used or sold unless such portion equals or exceeds the lot width and
area requirements of this Ordinance; nor shall any division of the parcel be made which leaves
remaining any lot width or area less than the requirements of this Ordinance.
§190-819.
A.
Nonconforming Uses of Lands and Structures
Where a lawful use of a structure and/or its premises existed on the date of adoption or
amendment of this Ordinance, and becomes nonconforming as a result of adoption of this
Ordinance or its amendment, such structure and/or its premises may remain in the same use
subject to the following criteria.
(1)
A nonconforming use may be enlarged, increased, or extended beyond the area and/or
volume it occupied at the time of adoption of this Ordinance, provided that such increase
does not exceed twenty-five (25) percent of the area and/or volume the use occupied at
the time of adoption of this Ordinance, and provided further that in any one five-year
period, all increases or enlargements do not exceed fifty (50) percent of the area and/or
volume the use occupied at the time of the adoption of this Ordinance. Any enlargement,
increase, or extension of a nonconforming use beyond the limits set forth in this paragraph
shall be permitted only upon a finding by the Zoning Hearing Board that the enlargement
or extension is necessary for the natural expansion and growth in trade of the
nonconforming use.
(2)
If a nonconforming use is discontinued for a period of at least one (1) year for any reason,
any use of the property thereafter shall be in conformance with the development
regulations for the zoning district containing the property. Discontinuance of a
nonconforming use and a presumption of abandonment shall be indicated by the removal
of stock-in-trade and/or permanent equipment or furniture needed to operate the use. If
the use is reopened within the one (1) year period, an occupancy permit (see §190-817)
will be required.
(3)
A nonconforming use may be changed to a second nonconforming use provided that an
application for the second use is filed with the Zoning Hearing Board and the Board finds
that the proposed use is more compatible, in terms of the characteristics of the use,
including but not limited to noise, lighting, traffic, environmental and other impacts
deemed relevant, with the uses permitted in the zoning district than the preceding
nonconforming use.
(4)
A nonconforming use may be sold, but each succeeding owner of a nonconforming
commercial or industrial use shall receive approval of the Zoning Officer through the
issuance of an occupancy permit before commencing operation to assure that the use will
be operated in the same manner and not introduce increased nonconforming
characteristics.
(5)
Once a nonconforming use is changed to a conforming use it may not thereafter revert to
nonconforming status. If a nonconforming use occupies a building and is discontinued,
any nonconforming use of the property shall also cease.
(6)
Nonconformity as to required parking or loading does not render a use subject to the
conditions of this subsection.
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§190-820
§190-820
(7)
A use that is nonconforming as to parking or loading shall not be changed to another use
requiring more off-street parking or loading unless the additional required parking or
loading facilities are provided.
(8)
The Zoning Hearing Board may permit a nonconforming use to provide off-street parking
or loading on a lot other than the lot on which the use is located.
§190-820.
A.
Zoning
Nonconforming Structures
Where a structure existed on a property at the effective date of this Ordinance or any
amendment to it and does not conform to the requirements of this Ordinance regarding height,
setbacks from street or lot lines, lot coverage, etc., such structures may remain on the property
subject to the following provisions:
(1)
No structure shall be enlarged or altered to create a nonconformity or increase an existing
nonconformity.
(2)
Replacement of a nonconforming structure shall be done subject to the setback and height
requirements for the zoning district containing the property, except that if the owner
alleges a hardship he may petition the Zoning Hearing Board to grant approval of
replacement on the foundation of the building to be replaced but in no case in a location
more nonconforming than the original location.
(3)
The maintaining or strengthening to a safe condition of any nonconforming structure shall
not be interpreted as being prohibited by any provision of this Article.
§190-821.
Record of Nonconforming Uses
A.
The Zoning Officer may at the discretion of the Board of Commissioners, identify and record all
lots and uses of land and buildings in the Township made nonconforming by adoption of this
Ordinance and previous versions of the Zoning Ordinance.
B.
The Zoning Officer may keep the record current as amendments to this Ordinance create new
nonconforming uses, and as removal of buildings and uses eliminates nonconforming uses.
C.
The record may be kept by map or written documentation.
§190-822.
Prior construction.
Nothing herein contained shall require any change in plans, construction or designated use of a building
or structure for which a zoning permit has been issued or the construction of which shall have been
diligently prosecuted within two months of the date of such permit and the ground-story framework of
which shall have been completed within four months of the date of the permit and which entire building
shall be completed according to such plans as filed within one year from the date of legal enactment of
this Chapter.
§190-823.
District changes.
Whenever the boundaries of a district shall be changed so as to transfer an area from one district to
another district of a different classification, the provisions of this Article shall apply to any
nonconforming uses existing therein.
§190-824.
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Expansion of or alterations to nonconforming structures. [Amended 7-211998 by Ord. No. 707]
October 2014
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§190-825
Zoning
§190-828
A.
No structural alterations or additions or enlargements of any nonconforming building or
structure will be permitted which would violate the size, front, side or rear setback lines or
building coverage of the zone in which the building or structure is located, provided that where
there is a nonconforming structure as to side, front or rear yard setback line, a permissible
alteration or addition may be built on the line with the existing side, front or rear
nonconforming building line, respectfully, except that a violation of the setback line not
previously violated shall not be permitted.
B.
No nonconforming building or structure shall be moved in whole or part to another location on
the lot unless every portion of said building or structure is made to conform to all of the
regulations of the district in which it is located.
§190-825.
Reconstruction of nonconforming structures.
Nothing in this Chapter shall prevent the reconstruction, repairing, rebuilding and continued use of any
nonconforming building or structure which is damaged or destroyed by fire, collapse, explosion or act of
God subsequent to the date of adoption of this Chapter wherein the expense of such work does not
exceed the fair market value of the building or structure at the time such damage occurred and
reconstruction of the destroyed or damaged building is initiated within one year of the date of damage,
provided that the reconstructed building is located on the existing foundation of the original building
and the cubic content of the reconstructed building does not exceed the cubic content of the original
building, unless authorized by the Zoning Hearing Board.
§190-826.
Prohibited use.
Nothing in this Chapter shall be interpreted as authorization for or approval of the continuance of the
illegal use of a structure or premises in violation of Township regulations in existence at the time of the
effective date of legal enactment of this Chapter.
§190-827.
Unsafe structures.
Nothing in this Chapter shall prevent the strengthening or restoring to a safe condition of any portion of
a building or structure declared unsafe by a proper authority.
§190-828.
Nonconforming signs.
Nonconforming signs may be repaired or reconstructed subject to the following regulations and
provided that no structural alterations are made which increase the gross surface area of the sign.
A.
Nonconforming signs shall not be enlarged, added to or replaced by another nonconforming
sign, use or structure, except that the interchange of the panels which display the advertising
shall be permitted.
B.
A nonconforming sign which is damaged to the extent of 50% or more of its replacement value
shall not be repaired, reconstructed or moved unless it complies with all applicable provisions of
this Chapter for signs.
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§190-901
Zoning
§190-903
ARTICLE IX
Administration and Enforcement
§190-901.
Zoning Officer.
A.
A Zoning Officer shall administer and enforce this Chapter, including, but not limited to, the
receiving of applications, the inspection of premises and the issuing of zoning and occupancy
permits. No zoning or occupancy permit shall be issued by the Zoning Officer except where the
provisions of this Chapter have been complied with. The Zoning Officer shall be appointed by
the Township Commissioners and shall hold no elective office in the Township. The Zoning
Officer shall meet the qualifications established by the Township and shall be able to
demonstrate, to the satisfaction of the Township, a working knowledge of municipal zoning.
B.
The Zoning Officer shall be empowered to institute civil enforcement proceedings as a means of
enforcement when acting within the scope of his/her employment.
§190-902.
Enforcement notice.
The enforcement notice shall contain the following information:
A.
The name of the owner of record and any other person against whom the Township intends to
take action.
B.
The location of the property in violation.
C.
The specific violation, with a description of the requirements which have not been met, citing in
each instance the applicable provisions of this Chapter.
D.
The date before which the steps for compliance must be commenced and the date before which
the steps must be completed.
E.
That the recipient of the notice has the right to appeal to the Zoning Hearing Board within a
prescribed period of time in accordance with procedures set forth in this Chapter.
F.
That failure to comply with the notice within the time specified, unless extended by appeal to
the Zoning Hearing Board, constitutes a violation, with possible sanctions clearly described.
§190-903.
A.
Enforcement remedies.
Any person, partnership or corporation who or which has violated or permitted the violation of
the provisions of this Chapter shall, upon being found liable therefor in a civil enforcement
proceeding commenced by the Township, pay a judgment of not more than $500, plus all court
costs, including reasonable attorney fees incurred by the Township as a result thereof. No
judgment shall commence or be imposed, levied or payable until the date of the determination
of a violation by the District Justice. If the defendant neither pays 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 the
District Justice, determining that there has been a violation, further determines that there was a
good faith basis for the person, partnership or corporation violating this 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
Article IX
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§190-904
Zoning
§190-906
separate violation. All judgments, costs and reasonable attorney fees collected for the violation
of this Chapter shall be paid over to the Township.
B.
The Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown,
tolling the per diem fine pending a final adjudication of the violation and judgment.
C.
Nothing contained in this section shall be construed or interpreted to grant to any person or
entity other than the Township the right to commence any action for enforcement pursuant to
this section.
§190-904.
Other remedies.
In case any building, structure, landscaping or land is or is proposed to be erected, constructed,
reconstructed, altered converted, maintained or used in violation of this Chapter, the Township
Commissioners or, with the approval of the Township Commissioners, the Township Zoning Officer or a
designated representative of the Township, in addition to other remedies, may institute in the name of
the Township any appropriate action or proceedings to prevent, restrain, correct or abate such building,
structure, landscaping or land or to prevent in or about such premises any act, conduct of business or
use constituting a violation.
§190-905.
A.
In order not to unreasonably delay the time when a landowner may secure assurance that the
ordinance or map under which he proposed to build is free from challenge, and recognizing that
the procedure for preliminary approval of his development may be too cumbersome or may be
unavailable, the landowner may advance the date from which time for any challenge to the
ordinance or map will run under Section 914.1 of the Pennsylvania Municipalities Planning Code
by the following procedure:
(1)
The landowner may submit plans and other materials describing his proposed use or
development to the zoning officer for a preliminary opinion as to their compliance with
the applicable ordinances and maps. Such plans and other materials shall not be required
to meet the standards prescribed for preliminary, tentative or final approval or for the
issuance of a building permit so long as they provide reasonable notice of the proposed
use or development and a sufficient basis for a preliminary opinion as to its compliance.
(2)
If the Zoning Officer’s preliminary opinion is that the use or development complies with
the ordinance or map, notice thereof shall be published once each week for two
successive weeks in a newspaper of general circulation in the municipality. Such notice
shall include a general description of the proposed use or development and its location, by
some readily identifiable directive, and the place and times where the plans and other
materials may be examined by the public. The favorable preliminary approval under
section 914.1 and the time therein specified for commencing a proceeding with the board
shall run from the time when the second notice thereof has been published
§190-906.
A.
Procedures to obtain preliminary opinion.
Conditional use applications.
All applications for conditional use approval shall be submitted on forms supplied by the
Township and shall be accompanied by the required fee. All conditional use applications shall
include a land development plan, as required by §190-501 of this Chapter, and a written
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Article IX
§190-907
Zoning
§190-907
statement indicating compliance with all applicable express standards and criteria of §190-503
of this Chapter.
B.
The Township Commissioners shall refer all conditional use applications to the Planning
Commission for review and written recommendation at least 30 days prior to the public hearing
on the application. If the recommendation of the Planning Commission is not received within 30
days of the date that the application is referred to the Commission, the Township
Commissioners may act on the application without the recommendation of the Planning
Commission.
C.
The Township Commissioners shall conduct a public hearing on the application for conditional
use approval as per the provisions of Section 908 of the Pennsylvania Municipalities Planning
Code, and shall act on the application within 45 days of the conclusion of the last public hearing
on the application.
D.
In considering an application for conditional use, the Township Commissioners may prescribe
reasonable and appropriate conditions and safeguards to protect the public health, safety and
welfare.
§190-907.
A.
Zoning permit.
When required.
(1)
No building or structure shall be erected, added to or structurally altered until a permit
therefore has been issued by the Zoning Officer. Construction and/or alteration, as
authorized by an approved permit, shall begin within the period of 90 days of the date of
issuance, otherwise the permit shall be null and void. All applications for zoning permits
shall be in accordance with the requirements of this Chapter, and except upon written
order of the Zoning Hearing Board, no such zoning permit shall be issued for any building
where said construction, addition or alteration for use thereof would be in violation of any
of the provisions of this Chapter.
(2)
Remodeling or improvement of existing buildings which does not alter the basic structure,
create additional lot area coverage or change the use of the parcel or building is exempt
from the requirement to obtain a zoning permit, provided that the estimated cost of such
activities does not exceed 50% of the fair market value.
B.
Applications for zoning approval for conditional uses and uses by special exception where
specified, shall be referred by the Zoning Officer to the appropriate approving agencies. The
Zoning Officer shall not issue a permit for development of any conditional use or use by special
exception where specified, until the approval has been granted by the Township Commissioners
or Zoning Hearing Board, whichever is applicable. Any permits issued shall be subject to all
conditions attached to the approval of the use by the Township Commissioners or Zoning
Hearing Board, whichever is applicable. If the establishment of the proposed use has not taken
place or construction of the proposed use is not initiated and diligently pursued within 24
months of the approval of the conditional use or use by special exception where specified, the
approval shall expire without written notice to the applicant.
C.
There shall be submitted with all applications for zoning permits two copies of a layout or plot
plan, drawn to scale, showing the actual dimensions of the lot to be built upon, the exact size
and location of the building on the lot and accessory buildings to be erected and other such
Article IX
October 2014
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§190-908
Zoning
§190-909
information as may be deemed necessary by the Zoning Officer to determine and provide for
the enforcement of this Chapter. In addition to meeting all requirements of this Chapter, proof
of appropriate Commonwealth agency review will be required on all public buildings or uses
requiring Commonwealth approval, consistent with the provisions of the Pennsylvania Uniform
Construction Code.
D.
Fee. One copy of such layout or plot plan shall be returned when approved by the Zoning
Officer, together with the permit to the applicant, upon payment of the fee as predetermined
based on a fee schedule adopted by resolution of the Township Commissioners.
§190-908.
A.
Occupancy permit.
When required.
(1)
Any authorized new construction, alteration, remodeling, change of use of building or land
completed under the provisions of a zoning permit shall not be occupied until an
occupancy permit has been issued by the Zoning Officer. Written requests to the Zoning
Officer shall be processed within one week of receipt of the request of the proposed use,
provided that the use is in conformity with the provisions of this Chapter and other
effective and applicable ordinances. The Zoning Officer's refusal to issue an occupancy
permit shall include a written statement to the applicant containing reasons for such
denial and citing the specific provisions of this Chapter which have not been met.
(2)
Occupancy permits are required for the following:
(a) Occupancy of a new building.
(b) Occupancy and use of a building hereafter moved or altered so as to require a zoning
permit.
(c) Change in the use of an existing building other than to a use of the same type.
(d) Occupancy and use of vacant land.
(e) Change in the use of land except to another use of the same type.
(f)
Any change in the use of a nonconforming use.
(g) Any change of ownership of an existing dwelling or other building.
(3)
B.
Application for an occupancy permit shall be returned when approved by the Zoning Officer,
together with the occupancy permit upon payment of the prescribed fee. The fee for occupancy
permits shall be in accordance with the fees as predetermined from a fee schedule adopted by
resolution of the Township Commissioners.
§190-909.
A.
Occupancy permits shall state that the building or the proposed use of a building or land
complies with all provisions of law and of this Chapter and all other ordinances of the
Township. Occupancy permits are deemed to authorize and are required for both initial
and continued occupancy and use of the building and land, so long as such building and
use is in full conformity with the provisions of this Chapter.
Temporary use permit.
Temporary use permits are required where it is intended that a mobile, temporary or seasonal
use be located anywhere within the Township for a short period of time. Temporary use permits
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Article IX
§190-910
Zoning
§190-910
are valid for a period of up to six weeks during any one calendar year and are limited to the time
periods as specified herein.
B.
C.
Temporary permits are required for and in accordance with the following:
(1)
Selling of Christmas trees on lots in commercial districts or at churches, schools, clubs and
lodges with the permission of the owner for a maximum of four weeks.
(2)
Carnival, circus or street fairs and car cruises for a maximum of one week.
(3)
Mobile amusements and lighting equipment for promotion, advertisement and grand
openings for a maximum of two weeks.
(4)
Camping and recreational equipment in residential districts for a maximum of one (1)
week.
No temporary use permit shall be issued for any temporary use where said use would violate
any of the provisions of this Chapter.
§190-910.
Fees.
Fees for zoning permits, temporary permits and occupancy permits shall be in accordance with the fees
as predetermined from a fee schedule adopted from time to time by resolution of the Township
Commissioners. The fee schedule shall be available to the public in the office of the Township Secretary.
Article IX
October 2014
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§190-1001
Zoning
§190-1002
ARTICLE X
Amendments
§190-1001.
Petition to amend; notice.
A.
The Township Commissioners may introduce and consider amendments to this Chapter and to
the Zoning Map as proposed by a Commissioner, by the Planning Commission or by a petition of
a person or persons residing or owning property within the Township.
B.
Any person or persons owning property in the Township who petition the Township
Commissioners for rezoning of their property shall not resubmit substantially the same
application for rezoning of substantially the same property to the same zoning classification
within one year of the date of the Township Commissioners decision denying the similar
application.
C.
In the case where a proposed amendment involves the rezoning of property, a minimum of four
public notices shall be posted on and around the affected property for a minimum of seven days
prior to the date of the public hearing.
§190-1002.
A.
Enactment of zoning ordinance amendments.
Before voting on the enactment of an amendment, the governing body shall hold a public
hearing thereon, pursuant to public notice. In addition, if the proposed amendment involves a
zoning map change, notice of said public hearing shall be conspicuously posted by the
municipality at points deemed sufficient by the municipality along the tract to notify potentially
interested citizens. The affected tract or area shall be posted at least one week prior to the date
of the hearing.
(1)
In addition to the requirement that notice be posted under clause (1), where the proposed
amendment involves a zoning map change, notice of the public hearing shall be mailed by
the municipality at least thirty days prior to the date of the hearing by first class mail to
the addresses to which real estate tax bills are sent for all real property located within the
area being rezoned, as evidenced by tax records within the possession of the municipality.
The notice shall include the location, date and time of the public hearing. A good faith
effort and substantial compliance shall satisfy the requirements of this subsection.
(2)
This clause shall not apply when the rezoning constitutes a comprehensive rezoning.
B.
In the case of an amendment other than that prepared by the planning agency, the governing
body shall submit each such amendment to the planning agency at least 30 days prior to the
hearing on such proposed amendment to provide the planning agency an opportunity to submit
recommendations.
C.
If, after any public hearing held upon an amendment, the proposed amendment is changed
substantially, or is revised, to include land previously not affected by it, the governing body shall
hold another public hearing, pursuant to public notice, before proceeding to vote on the
amendment.
D.
At least 30 days prior to the public hearing on the amendment by the governing body, the
municipality shall submit the proposed amendment to the Westmoreland County Planning
Commission for recommendations.
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§190-1003
Zoning
§190-1003
E.
The municipality may offer a mediation option as an aid in completing proceedings authorized
by this section. In exercising such an option, the municipality and mediating parties shall meet
the stipulations and follow the procedures set forth in Article IX.
F.
Within 30 days after enactment, a copy of the amendment to the zoning ordinance shall be
forwarded to the Westmoreland County Planning Commission.
§190-1003.
Landowner Curative Amendments.
A.
A landowner who desires to challenge on substantive grounds the validity of a zoning ordinance
or map or any provision thereof, which prohibits or restricts the use or development of land in
which he has an interest may submit a curative amendment to the Board of Commissioners with
a written request that his challenge and proposed amendment be heard and decided as
provided in Section 916.1 of the Pennsylvania Municipalities Planning Code. The Board of
Commissioners shall commence a hearing thereon within 60 days of the request as provided in
Section 916.1 of the Pennsylvania Municipalities Planning Code. The curative amendment and
challenge shall be referred to the Planning Commission and notice of the hearing thereon shall
be given as provided Article IX.
B.
The hearing shall be conducted in accordance with §190-809 and all references therein to the
zoning hearing board shall, for purposes of this Section be references to the Board of
Commissioners: provided, however, that the provisions of Section 916.1 of the Pennsylvania
Municipalities Planning Code shall control. If the Township does not accept a landowner’s
curative amendment brought in accordance with this Subsection and a court subsequently rules
that the challenge has merit, the court’s decision shall not result in a declaration of invalidity for
the entire zoning ordinance and map, but only for those provisions which specifically relate to
the landowner’s curative amendment and challenge.
C.
Where the Board of Commissioners determines that a validity challenge has merit, it may accept
a landowner’s curative amendment, with or without revision, or may adopt an alternative
amendment which will cure the challenged defects. The Board of Commissioners shall consider
the curative amendments, plans and explanatory material submitted by the landowner and shall
also consider:
(1)
the impact of the proposal upon roads, sewer facilities, water supplies, schools and other
public service facilities;
(2)
if the proposal is for a residential use, the impact of the proposal upon regional housing
needs and the effectiveness of the proposal in providing housing units of a type actually
available to and affordable by classes of persons otherwise unlawfully excluded by the
challenged provisions of the ordinance or map;
(3)
the suitability of the site for the intensity of use proposed by the site’s soils, slopes,
woodlands, wetlands, flood plains, aquifers, natural resources and other natural features;
(4) the impact of the proposed use on the site’s soils, slopes, woodlands, wetlands, flood
plains, natural resources and natural features, the degree to which these are protected or
destroyed, the tolerance of the resources to development and any adverse environmental
impacts; and (5) the impact of the proposal on the preservation of agriculture and other
land uses which are essential to public health and welfare.
Article X
October 2014
Page 139
§190-1004
§190-1004.
Zoning
§190-1005
Municipal Curative Amendments.
If the Township determines that its zoning ordinance or any portion thereof is substantially invalid, it
shall take the following actions:
A.
The Township shall declare by formal action, its zoning ordinance or portions thereof
substantively invalid and propose to prepare a curative amendment to overcome such invalidity.
Within 30 days following such declaration and proposal the Board of Commissioners shall:
(1)
By resolution make specific findings setting forth the declared invalidity of the zoning
ordinance which may include:
(a) references to specific uses which are either not permitted or not permitted in
sufficient quantity;
(b) reference to a class of use or uses which require revision; or
(c) reference to the entire ordinance which requires revisions.
(2)
Begin to prepare and consider a curative amendment to the zoning ordinance to correct
the declared invalidity.
B.
Within 180 days from the date of the declaration and proposal, the Township shall enact a
curative amendment to validate, or reaffirm the validity of, its zoning ordinance pursuant to the
provisions required by Section 609 in order to cure the declared invalidity of the zoning
ordinance.
C.
Upon the initiation of the procedures, as set forth in this Section, the Board of Commissioners
shall not be required to entertain or consider any landowner’s curative amendment filed nor
shall the zoning hearing board be required to give a report requested under Section 909.1 or
916.1 of the Pennsylvania Municipalities Planning Code subsequent to the declaration and
proposal based upon the grounds identical to or substantially similar to those specified in the
resolution required by this Section. Upon completion of the procedures as set forth this Section,
no rights to a cure pursuant to the provisions of Sections 609.1 and 916.1 of the Pennsylvania
Municipalities Planning Code shall, from the date of the declaration and proposal, accrue to any
landowner on the basis of the substantive invalidity of the unamended zoning ordinance for
which there has been a curative amendment pursuant to this Section.
A.
The Township having utilized the procedures as set forth this Section may not again utilize said
procedure for a 36-month period following the date of the enactment of a curative amendment,
or reaffirmation of the validity of its zoning ordinance. Provided, however, if after the date of
declaration and proposal there is a substantially new duty or obligation imposed upon the
Township by virtue of a change in statute or by virtue of a Pennsylvania Appellate Court
decision, The Township may utilize the provisions of this Section to prepare a curative
amendment to its ordinance to fulfill said duty or obligation.
§190-1005.
Content of public notice.
Public notices of proposed zoning amendments shall include either the full text thereof or a brief
summary setting forth the principal provisions in reasonable detail and a reference to a place within the
Township where copies of the proposed ordinance or amendment may be examined, in addition to the
time and place of hearing. A certified copy of the proposed amendment shall be sent to the County
Planning Department and shall also be made available for public inspection at the offices of the
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Article X
§190-1006
Zoning
§190-1006
newspaper of general circulation in which it is being advertised.
§190-1006.
Mediation.
The Township may offer a mediation option as an aid in completing proceedings authorized by this
Chapter. In exercising such an option, the Township and the mediating parties shall meet the
stipulations and follow the procedures set forth in §190-812 of this Chapter.
Article X
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Zoning
TOC
Penn Township
Westmoreland County, PA
CHAPTER 190, ZONING
ARTICLE I ................................................................................................................................................................ 1
GENERAL PROVISIONS ........................................................................................................................................... 1
§ 190-101.
§ 190-102.
§ 190-103.
§ 190-104.
TITLE......................................................................................................................................................1
PURPOSE; INTERPRETATION; CONFLICT OF PROVISIONS.....................................................................................1
COMPLIANCE WITH REGULATIONS. ...............................................................................................................2
ADOPTION OF AIRPORT ZONING REGULATIONS. [AMENDED 7-21-1998 BY ORD. NO. 707] ..................................2
ARTICLE II ............................................................................................................................................................... 3
GENERAL TERMINOLOGY ....................................................................................................................................... 3
§190-201.
§190-202.
WORD USAGE. .........................................................................................................................................3
DEFINITIONS. ...........................................................................................................................................3
ARTICLE III ............................................................................................................................................................ 33
ESTABLISHMENT OF DISTRICTS ............................................................................................................................ 33
§190-301.
§190-302.
§190-303.
ENUMERATION OF DISTRICTS. ...................................................................................................................33
DISTRICT ZONING MAP............................................................................................................................33
DISTRICT BOUNDARIES. ............................................................................................................................33
ARTICLE IV ........................................................................................................................................................... 35
DISTRICT REGULATIONS ....................................................................................................................................... 35
§190-401.
§190-402.
§190-403.
§190-404.
§190-405.
§190-406.
§190-407.
§190-408.
AREA AND BULK REGULATIONS. .................................................................................................................35
RR RURAL RESOURCE DISTRICT. ................................................................................................................35
MDR MIXED DENSITY RESIDENTIAL DISTRICT. .............................................................................................37
NC NEIGHBORHOOD COMMERCIAL. ..........................................................................................................39
CC COMMERCIAL CORRIDOR DISTRICT........................................................................................................41
IC INDUSTRIAL COMMERCE DISTRICT..........................................................................................................43
MEO MINERAL EXTRACTION OVERLAY DISTRICT ..........................................................................................45
DIO DEVELOPMENT INFILL OVERLAY DISTRICT .............................................................................................47
ARTICLE V ............................................................................................................................................................ 49
CONDITIONAL USES ............................................................................................................................................. 49
§190-501.
§190-502.
§190-503.
GENERAL CRITERIA AND SCHEDULE ............................................................................................................49
PROCEDURE FOR REVIEW .........................................................................................................................49
CONDITIONAL USES ................................................................................................................................51
ARTICLE VI ........................................................................................................................................................... 60
SUPPLEMENTAL REGULATIONS ............................................................................................................................ 60
APPLICABILITY. .......................................................................................................................................60
ESSENTIAL SERVICES. ...............................................................................................................................60
AREA AND BULK REGULATIONS. .................................................................................................................60
LOT AREA MEASUREMENT. .......................................................................................................................60
REDUCTION IN LOT AREA. .........................................................................................................................60
YARD REQUIREMENTS. .............................................................................................................................60
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§190-643
Zoning
TOC
HEIGHT MEASUREMENT. ..........................................................................................................................61
HEIGHT EXCEPTIONS................................................................................................................................61
CELLAR DWELLINGS. ................................................................................................................................61
DWELLINGS ON LOTS OF RECORD. ..............................................................................................................61
MULTIPLE STRUCTURES ON A LOT...............................................................................................................62
ACCESS MANAGEMENT. ...........................................................................................................................62
RECREATIONAL VEHICLE, CAMPING AND RECREATIONAL EQUIPMENT STORAGE. ...................................................62
VISIBILITY AT INTERSECTIONS.....................................................................................................................63
RUBBISH AND REFUSE STORAGE. ................................................................................................................63
COMMERCIAL VEHICLE AND EQUIPMENT STORAGE.........................................................................................63
PRIVATE SWIMMING POOLS. .....................................................................................................................64
COMMUNITY OR CLUB SWIMMING POOLS....................................................................................................64
PRIVATE STABLES AND HOBBY FARMS..........................................................................................................64
FRONT YARDS ON MAJOR HIGHWAYS. .........................................................................................................65
USES REQUIRING LAND DEVELOPMENT PLAN APPROVAL..................................................................................66
MINOR LAND DEVELOPMENT ....................................................................................................................66
GENERAL OFF-STREET PARKING AND ACCESS MANAGEMENT REQUIREMENTS. .....................................................66
OFF-STREET LOADING REQUIREMENTS. .......................................................................................................74
PARKING IN DRIVEWAYS. ..........................................................................................................................75
PARKING REQUIREMENT OPTIONS. .............................................................................................................75
TEMPORARY CONSTRUCTION TRAILERS OR SHEDS; MODEL HOMES; SALES OFFICES. ..............................................75
UNDERGROUND UTILITIES. .......................................................................................................................76
SURFACE MINING APPLICATIONS. ...............................................................................................................76
LANDSCAPE SCREENING AND BUFFERYARDS .................................................................................................77
GENERAL AREA PROVISIONS AND EXCEPTIONS...............................................................................................78
CONDOMINIUMS. [ADDED 6-11-2002 BY ORD. NO. 753] ..........................................................................79
CONDOMINIUM PLANS, PROCEDURES AND PROPOSALS. [ADDED 6-11-2002 BY ORD. NO. 753] ..........................79
LANDSCAPE GARDENING. .........................................................................................................................80
PERFORMANCE STANDARDS. ....................................................................................................................80
ANTENNA. ............................................................................................................................................85
CANOPIES AND SIMILAR STRUCTURES. .........................................................................................................86
TIMBER HARVESTING AND REFORESTATION ..................................................................................................86
TRADITIONAL NEIGHBORHOOD DEVELOPMENT OPTION .................................................................................88
PLANNED MIXED-USE COMMERCE PARKS SUBJECT TO THE FOLLOWING: .............................................................96
OIL AND GAS OPERATIONS (UNCONVENTIONAL GAS WELLS) ..........................................................................97
AGRITOURISM......................................................................................................................................101
SOLAR COLLECTORS AND WIND ENERGY SYSTEMS .......................................................................................103
ARTICLE VII ........................................................................................................................................................ 105
SIGN REGULATIONS ........................................................................................................................................... 105
§190-701.
§190-702.
§190-703.
§190-704.
§190-705.
§190-706.
§190-707.
§190-708.
§190-709.
PURPOSE. ...........................................................................................................................................105
GENERAL SIGN TYPES. ............................................................................................................................105
GENERAL PROVISIONS............................................................................................................................105
EXEMPT SIGNS. ....................................................................................................................................107
PROHIBITED SIGNS. ...............................................................................................................................107
PERMITS. ............................................................................................................................................108
SPECIFIC SIGN REQUIREMENTS. ................................................................................................................109
SIGNS FOR DEVELOPMENT COMPLEXES. .....................................................................................................112
OFF-PREMISES OUTDOOR ADVERTISING STRUCTURES. ..................................................................................113
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Zoning
TOC
ARTICLE VIII ....................................................................................................................................................... 120
ZONING HEARING BOARD AND NONCONFORMITIES ......................................................................................... 120
§190-801.
§190-802.
§190-803.
§190-804.
§190-805.
§190-806.
§190-807.
§190-808.
§190-809.
§190-810.
§190-811.
§190-812.
§190-813.
§190-814.
§190-815.
§190-816.
§190-817.
§190-818.
§190-819.
§190-820.
§190-821.
§190-822.
§190-823.
§190-824.
§190-825.
§190-826.
§190-827.
§190-828.
CREATION; MEMBERSHIP; APPOINTMENT; TERMS; VACANCIES. [AMENDED 7-21-1998 BY ORD. NO. 707]..........120
APPOINTMENT OF ALTERNATE MEMBERS. ..................................................................................................120
PARTICIPATION BY ALTERNATE MEMBERS. .................................................................................................120
REMOVAL OF MEMBERS. ........................................................................................................................120
ORGANIZATION OF BOARD; QUORUM.......................................................................................................120
SALARIES AND COMPENSATION................................................................................................................121
EXPENSES. ..........................................................................................................................................121
JURISDICTION OF BOARD. .......................................................................................................................121
HEARINGS. ..........................................................................................................................................122
POWERS AND DUTIES; VARIANCES. ..........................................................................................................124
POWERS AND DUTIES; SPECIAL EXCEPTIONS. ..............................................................................................125
MEDIATION OPTION. .............................................................................................................................125
TIME LIMITATIONS; PERSONS AGGRIEVED. .................................................................................................126
STAY OF PROCEEDINGS. .........................................................................................................................126
VALIDITY OF ORDINANCE; SUBSTANTIVE QUESTIONS. ..................................................................................127
NONCONFORMING USES, LOTS AND STRUCTURES APPLICABILITY. ..................................................................129
CONTINUANCE OF NONCONFORMING USE. ................................................................................................129
NONCONFORMING LOTS OF RECORD ........................................................................................................129
NONCONFORMING USES OF LANDS AND STRUCTURES ............................................................................130
NONCONFORMING STRUCTURES ............................................................................................................131
RECORD OF NONCONFORMING USES .....................................................................................................131
PRIOR CONSTRUCTION. ..........................................................................................................................131
DISTRICT CHANGES. ..............................................................................................................................131
EXPANSION OF OR ALTERATIONS TO NONCONFORMING STRUCTURES. [AMENDED 7-21-1998 BY ORD. NO. 707] .131
RECONSTRUCTION OF NONCONFORMING STRUCTURES. ................................................................................132
PROHIBITED USE. ..................................................................................................................................132
UNSAFE STRUCTURES. ...........................................................................................................................132
NONCONFORMING SIGNS. ......................................................................................................................132
ARTICLE IX.......................................................................................................................................................... 133
ADMINISTRATION AND ENFORCEMENT ............................................................................................................. 133
§190-901.
§190-902.
§190-903.
§190-904.
§190-905.
§190-906.
§190-907.
§190-908.
§190-909.
§190-910.
ZONING OFFICER. .................................................................................................................................133
ENFORCEMENT NOTICE. .........................................................................................................................133
ENFORCEMENT REMEDIES. .....................................................................................................................133
OTHER REMEDIES. ................................................................................................................................134
PROCEDURES TO OBTAIN PRELIMINARY OPINION. ........................................................................................134
CONDITIONAL USE APPLICATIONS. ............................................................................................................134
ZONING PERMIT. ..................................................................................................................................135
OCCUPANCY PERMIT. ............................................................................................................................136
TEMPORARY USE PERMIT........................................................................................................................136
FEES. .................................................................................................................................................137
ARTICLE X........................................................................................................................................................... 138
AMENDMENTS ................................................................................................................................................... 138
§190-1001.
§190-1002.
§190-1003.
PETITION TO AMEND; NOTICE. ............................................................................................................138
ENACTMENT OF ZONING ORDINANCE AMENDMENTS. ..............................................................................138
LANDOWNER CURATIVE AMENDMENTS. ...........................................................................................139
October 2014
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§190-1004.
§190-1005.
§190-1006.
Zoning
TOC
MUNICIPAL CURATIVE AMENDMENTS. .............................................................................................140
CONTENT OF PUBLIC NOTICE. ..............................................................................................................140
MEDIATION. ...................................................................................................................................141
October 2014