Loading...
HomeMy WebLinkAbout06-6396SUTLIFF ENTERPRISES, INC., Appellant V. SILVER SPRING TOWNSHIP ZONING HEARING BOARD, Appellee IN THE COURT OF PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. Q (? (? 3 G1(o ?? LAND USE APPEAL NOTICE OF LAND USE APPEAL Appellant Sutliff Enterprises, Inc. by its attorneys, Snelbaker & Brenneman, P. C. files this Land Use Appeal from a decision of the Silver Spring Township Zoning Hearing Board pursuant to Sections 1002-A and 1003-A of the Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, as amended, 53 P.S. §11002-A, §11003-A and in support thereof, states the following: 1. Appellant is Sutliff Enterprises, Inc., a Pennsylvania business corporation with an address of 6515 Carlisle Pike, Mechanicsburg, Pennsylvania. 2. Appellee is the Silver Spring Township Zoning Hearing Board, a quasi-judicial administrative body of the Township of Silver Spring, with an office located at 6475 Carlisle Pike, Mechanicsburg, Pennsylvania. 3. Appellant is the owner of property in Silver Spring Township located at 6515 Carlisle Pike and 6462 Carlisle Pike, Mechanicsburg, which properties are used for the sale and service >f motor vehicles. 4. By letter dated July 13, 2006 the Silver Spring Township Zoning Officer issued a that the use of portable search lights on the properties of Appellant was not LAW OFFICES SNELBAKER & ermitted. BRENNEMAN, P.C. ?Ip 5. On August 10, 2006 Appellant submitted an Application For Appeal of Determination Zoning Officer, appealing the determination of the Zoning Officer as communicated to by letter dated July 13, 2006. 6. On September 6, 2006 a hearing on Appellant's appeal of the Zoning Officer's was held before Appellee. 7. On October 4, 2006 Appellee issued a written decision denying Appellant's appeal and affirming the determination of the Zoning Officer. A true and correct copy of the written ision of the Silver Spring Township Zoning Hearing Board is attached hereto and by reference herein as "Exhibit A". 8. Appellee's decision dated October 4, 2006 was arbitrary and capricious, an abuse of , not supported by substantial evidence and contrary to the law for the following among others: a. by concluding that the portable searchlights constituted a sign as defined by the Silver Spring Township Zoning Ordinance (the "Ordinance"); b. by finding that the portable searchlights are prohibited under Section 313.2.8 of the Ordinance; c. by finding explicitly or by implication that the portable searchlights transmitted or would transmit light to other properties or the public rights-of-way; d. by finding that searchlights are regulated as a sign under Section 313 of the Ordinance; by concluding that searchlights are prohibited in the Ordinance when no such prohibition exists; f. by interpreting the Ordinance and Section 313 of the Ordinance contrary to law and Section 104 of the Ordinance; LAW OFFICES II -2 SNELBAKER SC BRENNEMAN, P.C. g. by concluding a subject or message is being communicated by the searchlights; h. by affirming the determination of the Zoning Officer on bases not included within or relied upon by the Zoning Officer in his determination; by finding the searchlights to be a sign when there is no indication in the Ordinance that lights were ever intended to be regulated as signs; and J. by finding that beams of light constitute a sign. WHEREFORE, Appellant request this Court to reverse the decision of the Silver Spring ownship Zoning Hearing Board and find in favor of the Appellant. SNELBAKER & BRENNEMAN, P. C. BY: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Sutliff Enterprises, Inc. November 2, 2006 LAW OFFICES I -?- SNELBAKER a BRENNEMAN, P.C. IN RE: BEFORE THE SILVER SPRING TOWNSHIP ZONING HEARING BOARD APPLICATION OF SUTLIFF ENTERPRISES DOCKET NO. A2006-3 DECISION DENYING APPEAL The applicant appeals from a determination of the zoning officer that portable spotlights constitute a sign. A hearing on the appeal was held on September 6, 2006. FACTS 1. The appellant is Sutliff Enterprises, Inc. (herein Sutliff) of 6515 Carlisle Pike, Mechanicsburg, Pennsylvania. The appellant was represented at the hearing by John Sutliff and Keith O. Brenneman. 2. On July 10, 2006 Sutliff requested a determination from the zoning officer that the use of portable searchlights, on properties owned by the applicant at 6515 Carlisle Pike and 6462 Carlisle Pike, was permissible. 3. On July 13, 2006 the zoning officer issued a written determination that searchlights were not a permitted use. 4. The searchlight in question consists of a towable trailer with 4 searchlights which oscillate in a pattern to illuminate the sky. The lights qre used on a rotating basis among the applicant's 9 automobile dealerships to highlight special events or promotions. 5. The lights would be directed upward to illuminate the sky and generally would operate between the hours of 5:30 and 10:00 p.m. EXHIBIT A 6. Notice of the hearing was posted and advertisement made as required by the ordinance. 7. No one other than John Sutliff, Keith Brenneman and the township representatives appeared to testify. CONCLUSION 1. The definitions provision of the ordinance defines a sign as a "device for visual communication that is used to bring the subject to the attention of the public." 2. The Board finds that portable searchlights used in connection with a commercial enterprise are intended to communicate. The very reason for using the lights is to attract attention and to communicate the message that a special event is taking place at the location where the lights originate. Accordingly, the Board finds that lights are signs. 3. Section 313.2.8 of the ordinance prohibits signs which are rotating or oscillating. The Zoning Officer found, and the Board concurs that the searchlights fall within this prohibition. Further, the same section requires that floodlights or spotlights be shielded so no light is transmitted to other properties or to public rights-of-way. The very nature of the searchlight is to direct its beam off site. DECISION In view of the foregoing, and having considered the plans and testimony submitted to the Board, it is the opinion of the Board that the appeal of Sutliff Enterprises, inc. should be and is hereby denied. SILVER SPRING TOWNSHIP ZONING HEARING BOARD Date:'- Rick Bortz CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, a true and correct copy of the foregoing Notice of Land Use Appeal to be served upon the and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS: James Turner, Esquire Turner & O'Connell 4415 North Front Street Harrisburg, PA 17110 Solicitor For Silver Spring Township Zoning Hearing Board Silver Spring Township 6475 Carlisle Pike Mechanicsburg, PA 17050 SNELBAKER & BRENNEMAN, P.C. By: Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Sutliff Enterprises, Inc. ate: November 2, 2006 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. -Ch 1 TI - V ' ti S R fi i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Sutliff Enterprises, Inc., Vs. : No. 06-6396 CIVIL TERM Silver Spring Township Zoning Hearing Board WRIT OF CERTIORARI COMMONWEALTH OF PENNSYLVANIA) : SS. COUNTY OF CUMBERLAND) TO: Silver Spring Township Zoning Hearing Board We, being willing for certain reasons, to have certified a certain action between Sutliff Enterprises, Inc., Appellant, v. Silver Spring Township Zoning Hearing Board, Appellee, pending before you, do command you that the record of the action aforesaid with all things concerning said action, shall be certified and sent to our judges of our court of Common Pleas at Carlisle, within (twenty) days of the date hereof, together with this writ; so that we may further cause to be done that which ought to be done according to the laws and Constitution of this Commonwealth. WITNESS, The Honorable Edgar E. Bayley PJ. our said Court, at Carlisle, PA., the 2nd day of November 2006. Curtis R. L0 c of on ary 0,? - ( 3 q ? r=1 !1_I 0 r1J M ..D ru m O 0 O O 117 M 0 h Postage $ Certified Fee Postmark Return Receipt Fee Here (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees U1 c3 sent To r- - ------------ ------- .....------ ... .. ............... or O Box No ` (!J q -7 5 C u.ri rs I e City, State, z?P«. Q COt ti t G s r J ?? Q SUTLIFF ENTERPRISES, INC. Appellant V. SILVER SPRING TOWNSHIP ZONING HEARING BOARD, Appellee IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 06-6396 CIVIL TERM LAND USE APEAL NOTICE OF INTERVENTION Please take notice that the Township of Silver Spring, the municipality which is the location of the property of the Appellant involved in the decision of the Zoning Hearing Board of Silver Spring Township from which this appeal has been taken, intervenes in this appeal in support of the decision of the Board. Respectful_y submitted, Dated: November 17, 2006 ST EN , ESQ Attorney I.D. #44859 23 Waverly Drive Hummelstown, PA 17036 (717) 903-1268 Attorney for Intervenor CERTIFICATE OF SERVICE I, STEVEN A. STINE, ESQUIRE, do hereby certify that I served a true and correct copy of the foregoing upon the following below-named individual(s) by depositing same in the U.S. Mail, postage pre-paid at Hummelstown, Dauphin County, Pennsylvania this 17th day of November 2006. SERVED UPON: James H. Turner, Esquire Turner & O'Connell 4415 North Front Street Harrisburg, PA 17110 Keith O. Brenneman, Esquire Snelbaker & Brenneman, P.C. P.O. Box 318 Mechanicsburg, PA 17055-0318 ?' !°? ?`? =-n ?j ? _? _ ?r ?-. .... --?> ?.... ?' Y _ .%l _} t ` L? _:J, .? «+'? y- o C ' Y N (D L' '_ ry Y ? T ? 0 zrd a cr d j j)L } ¢ 9 A- a Q D 11 a: ir Q ci l7 Q E Q ? Q V m a a IQL om'oE (? 4 o rl- M c oro, $ N ? '? ? v r 7 0? .n C n m 1?yj? ?! T CC o3L °v 7 J z o, cf) E E c£ o v Ura ?°aQ `o rd U. fi Ca t.? cn CD 7 CL CD `°c'i aCJ D .. J ;? o ucnL 3 w 1 -j w C o) co .r. N ` CJ z N 1 46 N X C Z -_+ m v m m D r m 0 m V (ca M Z mm O po y G) CD? 0 ?. O N - 01 a N IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 06-6396 CIVIL TERM LAND USE APEAL SUTLIFF ENTERPRISES, INC. Appellant V. SILVER SPRING TOWNSHIP ZONING HEARING BOARD, Appellee RETURN OF WRIT OF CERTIORARI AND NOW, comes the Silver Spring Township Zoning Hearing Board by its Chairman, custodian of the records of said Zoning Hearing Board, and files the following documents as the record of the proceedings before the Zoning Hearing Board with regard to the above captioned matter pursuant to the Writ of Certiorari filed herewith: 1. Decision of Zoning Hearing Board denying appeal, dated October 4, 2006. 2. Appeal Application dated August 9, 2006. 3. Exhibit 1 - Determination letter of James Hall, Zoning Officer, dated July 10, 2006. 4. Exhibit 2 - Photographs. 5. Notes of Testimony of hearing on September 6, 2006. 6. Silver Spring Township Zoning Ordinance of 2005. Res ctfully subm' ed, 'ck Bortz, Chai an Dated: November, 2006 qt s CERTIFICATE OF SERVICE I hereby certify that I am this date serving a true and correct copy of the Return of Writ of Certiorari (without copies of documents enumerated therein) upon the attorney for Appellant by sending the same by regular first class mail postage paid addressed as follows: Keith O. Brenneman, Esquire Snelbaker & Brenneman, PC P.O. Box 318 Mechanicsburg, PA 17055-0318 6&-- kick ortz, Chairm Dated: November Z / , 2006 ? ? -rti ?? ? i . C'Y ? -?7 y r ?- , i • Q ??7 .1_. ° .-- „? ?-?r j _ .? ? ,.- ? ? .r IN RE: BEFORE THE SILVER SPRING TOWNSHIP ZONING HEARING BOARD APPLICATION OF SUTLIFF ENTERPRISES DOCKET NO. A2006-3 DECISION DENYING APPEAL The applicant appeals from a determination of the zoning officer that portable spotlights constitute a sign. A hearing on the appeal was held on September 6, 2006. FACTS 1. The appellant is Sutliff Enterprises, Inc. (herein Sutliff) of 6515 Carlisle Pike, Mechanicsburg, Pennsylvania. The appellant was represented at the hearing by John Sutliff and Keith O. Brenneman. 2. On July 10, 2006 Sutliff requested a determination from the zoning officer that the use of portable searchlights, on properties owned by the applicant at 6515 Carlisle Pike and 6462 Carlisle Pike, was permissible. 3. On July 13, 2006 the zoning officer issued a written determination that searchlights were not a permitted use. 4. The searchlight in question consists of a towable trailer with 4 searchlights which oscillate in a pattern to illuminate the sky. The lights are used on a rotating basis among the applicant's 9 automobile dealerships to highlight special events or promotions. 5. The lights would be directed upward to illuminate the sky and generally would operate between the hours of 5:30 and 10:00 p.m. WO 6. Notice of the hearing was posted and advertisement made as required by the ordinance. 7. No one other than John Sutliff, Keith Brenneman and the township representatives appeared to testify. CONCLUSION 1. The definitions provision of the ordinance defines a sign as a "device for visual communication that is used to bring the subject to the attention of the public." 2. The Board finds that portable searchlights used in connection with a commercial enterprise are intended to communicate. The very reason for using the lights is to attract attention and to communicate the message that a special event is taking place at the location where the lights originate. Accordingly, the Board finds that lights are signs. 3. Section 313.2.8 of the ordinance prohibits signs which are rotating or oscillating. The Zoning Officer found, and the Board concurs that the searchlights fall within this prohibition. Further, the same section requires that floodlights or spotlights be shielded so no light is transmitted to other properties or to public rights-of-way. The very nature of the searchlight is to direct its beam off site. DECISION In view of the foregoing, and having considered the plans and testimony submitted to the Board, it is the opinion of the Board that the appeal of Sutliff Enterprises, inc. should be and is hereby denied. SILVER SPRING TOWNSHIP ZONING HEARING BOARD Date: 16-q-067 Rick Bortz V SILVER SPRING TOWNSHIP ZONING HEARING BOARD APPLICATION FOR APPEAL OF DETERMINATION FROM, ZONING OFFICER OR El RIME& gx=xx (Section 604.5 through 604.9) ©06 -3 GENERAL INFORMATION Name of Applicant(s) Sutliff Enterprises, Inc. Address 6515 Carlisle Pike, Mechanicsburg 717-234-8888 Telephone No. Application Date August 9, 2006 Name of Landowner of Record Sutliff Enterprises, Inc.' Subject Property Address 6515 Carlisle Pike and 6462 Carlisle Pike Subject Property Zone C-3 Highway Commercial Nature of Request (Section Nos. ) 604.5 Appeal from determination of Zoning Officer (See attached for details of appeal) Name, address and telephone of representative or consultant Keith 0. Brenneman, Esquire Snelbaker & Brenneman, P.C.. 44 West Main Street, Mechanicsburg, PA 17(155 (717) 697-8528 ADDITIONAL REQUIREMENTS (Include 5 copies of each of the following). X 1. Written description of the appeal with sufficient detail to explain the reasons therefore, including a reference of the specific ordinance language in question; and 2. If applicable, a scaled site plan of sufficient detail and accuracy to. demonstrate the nature of the appeal. FEES 1. The hearing fee is $ 400.00 pursuant to Section 603.1.2. of the Zoning Ordinance. 2. The applicant shall be required to pay all public notice and advertising costs as specified in Section 603.1.2. of the Zoning Ordinance. 3. The applicant shall pay for one-half (1)2) of the stenographer's appearance fee as specified in Section 603.7 of the Zoning Ordinance. jr 08/08/2006 14:21 FAX. 7176977681 SNELBAKER&BRENNEW P.C. Q 005 SIGNATURE I hereby certify that the information submitted in accordance with this application is correct, and I further agree to pay r se costs o tli d above. l' nt`s a Date ADMINISTRATION Date Application Accepted (o Total Costs Ydd.C) D Dates Advertised (two. successive weeks no more than 30 and no less than 7 days before hearing) Property Posting (at least one week before hearing) Date of Hearing (within 60 days of application) Date of Decision (within 45 days of last hearing) Decision Chairman Vice Chairman Secretary SILO r Application of Sutliff Enterprises, Inc. DESCRIPTION OF APPEAL A. Background On July 10, 2006 Applicant by letter requested a determination from the Silver Spring Township Zoning Officer regarding the use of portable searchlights on properties owned by Applicant at 6515 Carlisle Pike and 6462 Carlisle Pike, Mechanicsburg. On July 13, 2006 the Zoning Officer issued a written determination that the searchlights were not permitted, citing Section 313 Outdoor Signs of the Silver Spring Township Zoning Ordinance (the "Zoning Ordinance"). B. Reasons for Appeal The Zoning Officer's determination and interpretation of the Zoning Ordinance is improper, unlawful and constitutes an abuse of discretion for the following reasons: (1) Searchlights do not constitute a "sign" as defined or described under the Zoning Ordinance. (2) Searchlights are not regulated as a sign under Section 313 of the Zoning Ordinance or by any other provision of the Zoning Ordinance. (3) There is no express prohibition against the use of searchlights in the Zoning Ordinance. (4) There are no requirements imposed on searchlights under Section 313.3 of the Zoning Ordinance. (5) The Zoning Officer's determination and interpretation of the Zoning Ordinance is contrary to Section 104 of the Zoning Ordinance. (6) The use of searchlights on either of the subject properties does not result in direct light being transmitted to other properties or onto public rights-of-way. (7) Searchlights are not prohibited under Section 313.5 of the Zoning Ordinance. (8) There are no specific regulations applicable to searchlights under the Zoning Ordinance. (9) Searchlights are not included within any sign category or sign type specified in the Zoning Ordinance. (10) There is no subject or message being communicated by the use of searchlights. (11) The Zoning Officer failed to specify how the use of searchlights is not permissible under any provision of the Zoning Ordinance. A copy of the Zoning Officer's determination dated July 13, 2006 (without the cited Zoning Ordinance Section) is attached hereto and incorporated herein as "Exhibit All. For the above reasons, the determination of the Zoning Officer communicated by letter dated July 13, 2006 should be reversed. "SUBURBAN SERENITY WITH URBAN PROXIMITY" Christopher R. Latta, Chairman Jan N. LeBlanc, Vice-Chairman Jackie Eakin Mary Lou Pierce-McLain Vincent T. DiFilippo July 13, 2006 John Sutliff 802 S. 16`' Street Harrisburg, Pa. 17104 Dear Mr. Sutliff: In reference to your July 10, 2006 letter requesting a determination regarding portable searchlights being utilized periodically at both Sutliff Hummer and Saturn of Carlisle Pike, in Silver Spring Township. It is my determination that searchlights are not permitted. I have enclosed for your review Section 313 Outdoor Signs, of the Silver Spring Township Zoning Ordinance, Should you have any questions, please call. Enclosure: Sincerely, James E. Hall, Zoning Officer Cc: William S. Cook, Township Manager Kelly K. Kelch, Asst. Township Manager 6475 CARLISLE PIKE ( MECHANjpW PHONE 717-766-0178 ,?tt EXHIBIT A '?3URG .. PENNSYLVANIA 17050 FAX 717-766-1696 oft Saturn of Harrisburg 131)1 Paxton Street Harrisburg, PA 17104 717-234-8888 Fax 717-234=9617 dlil? Saturn of Lancaster 15110 Manheim Pike Lancaster, PA 17601 717-560-5777 Fax 717-560-9870 July 10, 2006 Saturn of York P.O. Box 3158 951 North Hills Road York, PA 17402 717-757-3383 Fax 717-751-0009 Saturn of Carlisle Pike 6515 Carlisle Pike Mechanicsburg, PA 17050 117-796-1111 Fax 717-796-9286 www.sutliffauto.com James E. Hall, Zoning Officer Silver Spring Township 6475 Carlisle Pike Mechanicsburg, PA 17050-2391 RE: 6462 Carlisle Pike, Mechanicsburg 6515 Carlisle Pike, Mechanicsburg Dear Mr. Hall: Saturn of State College 1607 Atherton Street Correspond To: 169 W. Aaron Drive State College, RA 16803, 814-867-4444 Fax 814-367-9920 I write to you requesting a written determination as to whether the use of portable searchlights on the properties identified above would or would not be permissible under the Silver Spring Township Zoning Ordinance. It is proposed that portable searchlights be utilized periodically at both the Sutliff Hummer and Saturn of Carlisle Pike dealership locations in Silver Spring Township. The lights will not be permanently mounted as fixtures on either property. The purpose of the searchlights would be to call attention generally to the business locations and on occasion to specific promotional sales and events. I request that in issuing your determination as to whether the proposed use of searchlights are described above is permissible under the Zoning Ordinance, that your consideration and determination specifically address, but not be limited to, whether or not the use constitutes a "sign" under the Township's Zoning Ordinance. I thank you for your consideration and I look forward to your prompt response. Yours tr y, l J hn Sutli Operating Units of Sutliff Saturn, Inc. • 802 S. 16th Street, Harrisburg, PA 17104 9 (717) 920-5557 ru o, s .D t xh O q } 1 1. Ln C3 Postage $ ru C Certified Fee O Return A80160 Fee Postneark (Endorsement Required) J? Here ` Restrictmd r er veryFgs 1 ,? [y!A (Endcrsemsnt Required) ..D Total Postage & Fees ?j m C3 Sent O ( nr"FYl zr" t??G... Jt ?liy , State, 11Pk4 J? t i'i !! ¦ Complete items 1, 2, and 3. Also complete a Sig ' r C3-Agent item 4 if Restricted Delivery is desired.. 1 ¦ Print your name and address on the reverse 6 40 Addressee so that we can return the card to you.. B. R v (Printed Name) y D to of Delivery ¦ Attach this card to the back of the mailpiece, ? ? ? or on the front if space permits. D. Is delivery address differe nt from item 1? 0 Yes 1. Article Addressed to: If YES, enter delivery address below: ? No " ? ? A t •?- l ? 3. Service Type Certified Mail 0 Express Mail 0 Registered Return Receipt for Merchandise 0 Insured Mail 0 C,O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number (rrattsfw from service fal 7003 1680 0002 0530 6 214 PS Form 3811, February 2004 Domestic Return Receipt 102595.02-M-1540 SILVER SPRING TOWNSHIP ZONING BOARD MEETING t IN RE: APPEAL 2006-3 SUTLIFF ENTERPRISES, INC. STENOGRAPHIC RECORD OF HEARING HELD AT SILVER SPRING TOWNSHIP MUNICIPAL BUILDING, 6457 CARLISLE PIKE MECHANICSBURG, PENNSYLVANIA WEDNESDAY, SEPTEMBER 6, 2006 7:40 P.M. ZONING BOARD: RICK BORTZ, CHAIRMAN KAREN BEST, MEMBER RAYMOND MATTY, MEMBER STAFF: WILLIAM COOK, TOWNSHIP MANAGER JACKIE EAKIN, SUPERVISOR JIM HALL, ZONING OFFICER APPEARANCE: TURNER & O'CONNELL BY: JAMES TURNER, ESQUIRE FOR - SILVER SPRING TOWNSHIP LORRAINE T. HERMAN, RPR REPORTER - NOTARY PUBLIC inh ARCHIVE REPORTING 1-.LI-Lw -1 & CAPTIONING SERVICE, INC. (717) 234-5922 2336 N. Second Street • Harrisburg, PA 17110 FAX (717) 234-6190 U t I 11 20Q6 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I N D E X WITNESS APPELLANT DIRECT CROSS john Sutliff 5 TOWNSHIP DIRECT CROSS jameS Hall 12 14 EXHIBIT APPELLANT'S MARKED MOVED 1 - UNIDENTIFIED 5 11 2 - UNIDENTIFIED 5 11 3 r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIRMAN BORTZ: The Board has before it an application for Appeal 2006-3, submitted by Sutliff Enterprises, incorporated, 6515 Carlisle Pike, Mechanicsburg, PA 17050. The Applicant has submitted an appeal to the 7uly 13th, 2006 determination letter from the zoning officer regarding the use of portable search lights as related to section 313, outdoor signs, of Silver Spring Township zoning ordinance. Legal notices have been published in the Patriot News on August 19th, 2006 and August 26th, 2006. Notification of the date, time and place of this hearing were directed to the applicant on August 17th, 2006. Mr. Hall, did you post the legal notices on the property? MR. HALL: Mr. Chairman, I posted legal notice on the property on August the 21st, 2006. CHAIRMAN BORTZ: Thank you. would the applicants or representatives please approach the bench and give your name and reason for your request and anyone needing sworn in. MR. BRENNEMAN: Yes, one person. 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (witness sworn.) MR. BRENNEMAN: My name is Keith Brenneman, and I represent Sutliff Enterprises incorporated, the applicant. This is an appeal from the determination from the zoning officer that was issued July 13th of this year. It arose as a result of a request for determination made by Sutliff Enterprises on July 10. You don't have the July 10 request in writing. I will present that as an exhibit. You do have the determination, I assume. the application. Mr. chairman or should I mark a copy of exhibit or would that be automatically? zoning officer's If you have a copy of solicitor Turner, the application as an part of the record MR. TURNER: The application for the appeal? MR. BRENNEMAN: correct. MR. TURNER: That is part of the record. MR. BRENNEMAN: Thank you. 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 The appeal is very simple. we disagree with the determination of the zoning officer. A request was made for a determination as to whether the use of search lights periodically for special occasions at both -- I will call them the Saturn location and the Hummer location, which are owned by Sutliff Enterprises incorporated, is permissible under the zoning ordinance. The zoning officer issued a written determination, which is Exhibit A to the application. we are here because we disagree with that determination. At this point, I would like to mark two exhibits and share those with the Board before I call Mr. Sutliff as a witness. I will mark that as Applicant's Exhibit 1, and the next one as A-2. (Applicant's Exhibit Nos. 1 and 2 were marked for identification.) JOHN SUTLIFF, called as a witness, being duly sworn, testified as follows: DIRECT EXAMINATION 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. BRENNEMAN: Q would you state your name, please? A John Sutliff. Q Mr. Sutliff, are you an owner and shareholder of Sutliff Enterprises, Incorporated? A Yes, I am. Q And that is the corporation that owns properties at both 6515 and 6462 Carlisle pike; is that correct? A That's correct. Q How are those properties used presently? A sales and service of new and used automobiles, new car dealerships. Q Mr. Sutliff, I am showing you what has been marked as A-1. I ask if that is a copy of the letter that you sent to the zoning officer requesting a determination with respect to the use of search lights on your property? A Yes, it is. Q Dated Duly 10, 2006; is that correct? A Yes. Q And you are familiar with the response that Mr. Hall gave with respect to the 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 determination that you requested? A Yes. Q I am showing you what has been marked as A-2. I ask you, Mr. Sutliff, does that document reflect four different pictures of the same search light that is the subject of your inquiry to Mr. Hall? A Yes; front, rear, left and right side view. Q And were all of those photographs taken on or about September 1, 2006? A On. Q And do they accurately represent or depict the search lights vehicle or trailer that you had requested a determination on? A That is the piece of equipment right there, yes. Q what is that? Describe it. Is it a trailer? Is it something that can be towed? A It is towed to the location and they are -- they are search lights. I think we have all seen them. You can see the -- there are four lights, actually, for purposes of transportation you can see are in -- are kind of bungied together in these photographs. The four 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 lights oscillate to illuminate the sky. Q Are they presently being used at other Sutliff locations? A Yes. we have nine automobile dealerships, and they are used at all nine of those periodically and also other off-site events that we go to off of our property as well. Q And have you had any difficulty using those in other locations? A None other than silver Spring Township, no. Q what is the cost for those lights? A sixty grand. Q You indicated you use them not only at Sutliff locations but other locations as well? A Yes. Just last week they were at the Grange Fair at state college, if any of you are familiar with that. we loaned them to mayor Reed for a celebration he had. The name of the celebration is escaping me but it was to -- z think a celebration he threw for himself to celebrate his term in office, whether it was 20 or 25 years, but he closed off downtown. 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 They have some lights available for rent, but they are not as good as these ones. so we offered them to him for his party and he appreciated that. Q Now, how would you anticipate using these lights at either of your locations here in silver spring Township? A we park them on the property, you know, periodically and, of course, they are only of value during dark. our places of business close at -- well, we close at 9:00 P.M. That doesn't mean sometimes we are not here until 9:30 or 10, but on the shortest days of the year, of course, what z am suggesting is they would be used from 5:30 to 10 p.m. periodically. Again, we have other locations and events that we plan to use them for and we do. Q Mr. Sutliff, are they of any use to you in the summer months or warm weather months? A No. we knew that going into it. This is a facility that we own, that this was their summer indoor storage spot where these photographs were taken, so we are just getting 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 into, here, again the time of the year where they become valuable. Q why would you add 10 p.m., for example, if you use it to that time? A well, our businesses close at 9:00 p.m. i do not -- it would just be wasting diesel or wasting gas if we ran them. And we would not run them when we were not there, when our business was not open. Q Now, are there four lights on that -- i will call them the search lights. Do they consist of four lights? A Yeah, there are four separate bulbs creating beams. Q And do they rotate or do they spin or do they do anything? A Yes, they oscillate, i guess is the word. Q Are the lights directed upwards? Are they directed at an angle? How can they be directed and what is the extent of that direction? A well, it's -- i don't know -- i am not prepared to give you an angle, but they are to illuminate the sky. i mean, i would say they 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 are not -- our purpose is not to illuminate anything other than the sky. And they are certainly for safety reasons, I assume that they are engineered so as to not be able to, for example, shine horizontally. Q so can the light be transmitted into the public right-of-way based on the way those lights are configured? A It is not possible. Q And can the light be transmitted into adjoining properties based upon how those lights are configured? A No. MR. BRENNEMAN: That is all I have for this witness. I will offer into evidence Exhibits A-1 and A-2. CHAIRMAN BORTZ: Any questions from the Board? MS. BEST: No. MR. MATTY: NO. MR. BRENNEMAN: I have no further witnesses and the applicant rests. JAMES HALL, called as a witness, being duly sworn, testified as follows: 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DIRECT EXAMINATION BY MR. TURNER: Q okay. Mr. Hall. A Yes, I did write the letter on July the 13th to Mr. Sutliff, and my determination was then that the search lights were not a permitted use. I think you have heard here this evening that Mr. Sutliff -- what the purpose of those lights are for, and that they are a rotating and oscillating type of light. within the zoning ordinance, it does say that the following are expressly prohibited and that animated, sequential, flashing, rotating and oscillating lights. Also, in addition to that -- Q Before you leave that section, Mr. Hall, could you identify what section that is that you are referring to? A I can. Q 313.2, is that it? A under section 313.2, general regulations for all signs, section 8. Under 8 it says, "The following are expressly prohit." 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 it does say about the flashing, rotating and oscillating lights. under 9, it says, "No sign shall be located as to interfere with the visibility -- visibility of motorists at street or driveway intersections." it is my interpretation that these lights with their movement that they will have will interfere with the visibility of the motorists passing by on the Carlisle Pike. The sole reason for this light is to draw attention to his property, to a sales promotion that he may have. in addition to that, in the definition section of these, the ordinance on page 31, and it gives the definition of a sign as a device, and z would think that portable search lights are a device for visual communication used to bring the subject matter to the attention of the public. That is what the definition of a sign is, and z think this clearly falls within that definition. MR. TURNER: Do you have any cross? MR. BRENNEMAN: Thank you. 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CROSS EXAMINATION BY MR. BRENNEMAN: Q Mr. Hall, were any of those sections of the zoning ordinance that you just mentioned to the Board cited in your determination that was given to Mr. Sutliff? A No. I said in the letter that I had enclosed for his review section 313, outdoor signs of the Silver Spring Township zoning ordinance. At that time I felt that the earlier section 313.2, in fact, I believe I sent the entire packet to Mr. Sutliff, that the -- that the prohibited signs section was what really was referring to this request. Q Mr. Hall, 313.2(8)(a) does not make reference to any lights, but it makes reference to oscillating, flashing and rotating signs; is that correct? A That is correct. And that is why we went to the definition side of the ordinance to clarify what a sign was. Q when you say we went, are you referring to you or -- 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Me. Q -- or you and somebody else? A Me. Q Okay. So you agree with me, then, that you can have a sign without lights that can rotate and oscillate, and that would not be permitted under the zoning ordinance? A It says the following is expressly prohibited: "Any animated, sequential, flashing, rotating, and oscillating signs." Q okay. No. 9, "No sign shall be located so as to interfere with the visibility for motorists at street or driveway intersections." Is it your interpretation that placing search lights on any part of either of the properties of Sutliff Enterprises, Incorporated would be located so as to interfere with visibility? A it is my interpretation that if you use portable search lights, they call attention to that facility; or they are being located, whether they are in a front yard, rear yard or where they are located on the property, and they do call attention to the motorists at the street or at driveway intersections. 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Mr. Hall, isn't it the purpose of every sign to call attention of a motorist or someone to something? A Yes, but in your testimony you are saying that these search lights, portable search lights, do oscillate and they do call attention to the motorists. Q okay. so you -- if the search lights did not have beams of light, did not use lights, would you consider what appears to be on A-2 to be a sign? A A sign has to be a device for visual communication. Q with no lights, would that be a sign? A i don't know that that would have any visual communications. Q so am i correct that what makes this a sign, in your opinion, is the fact that there are beams of light that emanate from it? A That's correct. Q what is being communicated by the beams of light? A They are drawing attention to the motorists passing by that there is something going on at that facility. 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Do you agree with me message being communicated or communicated? A It is not words. It Q If those lights were piece of property, what would motorists? that there is no no words being is light. placed on a vacant be communicated to A That there is something going on with that light. It still would draw the attention. Q Based on my example that there would be nothing going on; is that correct? A Right. Q so you are drawn to the lights and not necessarily what is happening at the property; is that correct? A There would be attention drawn to those lights. Q Right. can you point, Mr. Hall, to any other provision in the zoning ordinance that addresses the use of search lights? A I think those sections cover the search lights. Q so there are no other provisions that you are aware of? A Not that I am aware of. 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. BRENNEMAN: That is all I have. MR. TURNER: Does the Board have any questions for Mr. Hall? MS. BEST: No, I don't think so. MR. TURNER: Does the Township have any further testimony of witnesses? MR. HALL: No. MR. TURNER: Do you wish to make a brief closing? MR. BRENNEMAN: I do. The reasons for the appeal, I think, are clearly stated in the application. This is a question of whether the zoning officer made a proper determination. we submit he did not. If you look at the myriad of sign provisions that exist in this township under section 313, it is apparent that search lights have never been, in my opinion, considered in drafting the sign rules. You go through the tables and through the language, and it is not contemplated that search lights are to be a sign. if you go to the definition of sign, that is read by me to indicate that something has to be communicated. 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A beam of light communicates no message whatever. This structure without a beam of light is not a sign. it communicates nothing. The fact is if the Board of supervisors wanted to regulate the use of search lights -- and everybody knows what a search light is -- they would have put a provision in the zoning ordinance that addresses it. They chose not to. The zoning officer, z think, is trying to stick a square peg into a round hole by twisting the definition of sign. The provision that he cites deals with oscillating and rotating signs. it doesn't deal with oscillating and rotating lights. He has to make that fit into that definition by saying that this is a sign. if you look at the definition of sign and if you look at every sign type that is cited under the definition, this is not a sign. Also, if there is any doubt in your mind, I refer you to section 104, interpretation of your zoning ordinance, that interpreting the language of the zoning ordinance to determine the extent of the restriction upon the use of property, the language shall be interpreted 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 where doubt exists as to the intended meaning of the language written enacted by the governing body in favor of the property owner and against any implied extension of the restriction. I first submit that there is no doubt in this case this is not a sign. It is no more a sign than if I go out with a flashlight in my hand and you can see the beam of light and I'll point it up in the sky like this. It may call attention to somebody that I am doing it, but it is not communicating a message. so my flashlight is not a sign. so there is no doubt. But if there is doubt, it must be resolved in favor of the least restriction for this landowner. For those reasons, we request the determination not be sustained and be overturned. MR. HALL: If I could rebut? MR. TURNER: Yes. we are going to give you that opportunity. MR. HALL: In my interpretation about the search lights, I still contend that the definition of the sign is a visual -- is a device for visual communications. 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 In this particular case, portable search lights are drawing attention to the business where they are located at and that they are used to bring the subject matter to the attention of the public. I think clearly you can see that for miles around when those lights are in use. People will see those lights. It draws people to that center. Mr. Sutliff would not have spent $60,000 if he didn't believe that it would draw attention to his facility. with that, I stand by my determination. CHAIRMAN BORTZ: we will go off the record and deliberate. (Deliberations off the record.) CHAIRMAN BORTZ: we are back. Is there a motion before the Board? MS. BEST: Yes. I deny the appeal 2006-3. CHAIRMAN BORTZ: Is there a second? MR. MATTY: I second that. CHAIRMAN BORTZ: Those in favor, say aye. MS. BEST: Aye. 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. MATTY: Aye. CHAIRMAN BORTZ: Those opposed? THE BOARD: [NO RESPONSE] CHAIRMAN BORTZ: Motion carries. (Hearing concluded at 8:05 p.m.) 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 z hereby certify that the proceedings and evidence are contained fully and accurately in the notes taken by me on the within proceedings and that this is a correct transcript of the same. 01 1 C VL- -. L_ r rai ne T. Herman, RPR Re oyter - Notary Public NOTARIAL SEAL Lorraine Troutman Herman, Notary Pd* Lower ANn Towna* CwkodaW Coin Ilt Cow" M 2010 y v v 9 21:11 2:14 5:17 5:19 10 4:9 4:10 6:22 9:16 10:3 104 19:21 11 2:14 2:15 12 2:8 13th 3:6 4:7 12:6 14 2:8 17050 3:4 17th 3:15 19th 3:12 13:3 15:11 9:00 9:12 10:5 7:11 9:30 9:13 9:13 2:15 5:19 20 8:24 2006 1:9 3:6 3:12 3:13 3:15 3:19 6:22 7:11 2006-3 1:3 3:2 21:20 21st 3:19 25 8:24 26th 13:15 313 3:8 14:9 18:17 313.2 12:22 12:23 14:13 313.2(8)(a 14:17 2:5 2:14 2:15 5:30 9:16 1:9 6457 1:6 6462 6:9 6515 3:3 6: 1:9 12:24 12:24 8:05 A A-1 6:17 11:16 A-2 5:18 7:4 11:16 16: 10 Able 11:4 Accurately 7:13 23:2 Actually 7:23 Add 10:3 Addition 12:17 13:14 Addresses 17:20 19:8 Adjoining 11:11 Again 9:17 10:1 Against 20:3 Agree 15:4 17:1 Angle 10: 0 10:24 Animated 12:15 15:9 Anticipate 9:5 Anyone 3:23 Anything 10:16 11:2 Apparent 18:17 Appeal 1:3 3:2 3:5 4:5 4: 21 5:1 18:11 21:19 APPEARANCE 1:18 Appears 16:10 APPELLANT 2:4 APPELLANT'S 2:13 Applicant 3:5 3:15 4:4 11:22 Applicant's 5:17 5:19 Applicants 3:21 Application 3:2 4:15 4:17 4:20 5:12 18:12 Appreciated 9:4 Approach 3:22 Arose 4:7 Around 21:7 Ask 6:17 7:4 Assume Attention 13:12 13:19 15:20 15:24 16:2 16:6 16: 23 17:9 17:16 20: 10 21:2 21:5 21:12 August 3:12 3:12 3:15 3:19 Automatically 4:19 Automobile 8:4 Automobiles 6:15 Available 9:1 Aware 17:24 17:25 Aye 21:24 21:25 22:1 B Back 21:17 Based 11:7 11:11 17:10 Beam 19:1 19:2 20:8 Beams 10:14 16:9 16:19 16:21 Become 10:2 Being 5:23 8:2 11:24 15: 21 16:21 17:2 17:2 Believe 14:13 21:11 Bench 3:22 BEST 1:13 11:19 18:4 21: 19 21:25 Board 1:2 1:11 3:1 5:15 11:18 14:6 18:2 19: 4 21:18 22:3 Body 20:3 BORTZ 1:12 3:1 3:20 11: 17 21:14 21:17 21: 21 21:23 22:2 22:4 Both 5:5 6:9 Brenneman 3:25 4:2 4:3 4:22 4:25 6:1 11:14 11: 21 13:25 14:3 18:1 18:10 Brief 18:9 Bring 13:19 21:4 BUILDING 1:6 Bulbs 10:13 Bungied 7:25 Business 9:11 10:9 21:3 Businesses 10:5 C Cal 1 5:5 5:16 10:11 15: 20 15:24 16:2 16:6 20:9 Cal l ed car 6:15 Carlisle 1:6 3:3 6:9 13:10 Carries 22:4 case 20:6 21:1 celebrate 8:23 celebration 8:21 8:21 8:23 center 21:9 certainly 11:3 ce rti fy 23:1 chairman 1:12 3:1 3:18 3:20 4:16 11:17 21:14 21:17 21:21 21:23 22:2 22:4 chose 19:8 cited 14:6 19:18 cites 19:12 clarify 14:23 clearly 13:22 18:12 21:6 close 9:11 9:12 10:5 closed 8:25 C1 osi ng 18:9 college 8:18 communicated 16:21 17:2 17:3 17: 6 18:25 communicates 19:1 19:3 communicating 20:11 Communication 13:18 16:13 communications 16:16 20:25 concluded 22:5 configured 11:8 11:12 consider 16:10 considered 18:18 consist 10:12 Contained 23:2 contemplated 18:21 contend 20:23 COOK 1:16 cop 4:14 4:17 6:17 corporation 6:8 correct 4:22 6:10 6:11 6: 22 14:20 14:21 16: 17 16:20 17:11 17: 15 23:4 Cost 8:13 course 9:9 9:14 cover 17:21 creating 10:14 cross 2:4 2:7 13:24 14:1 D 2:1 Dark 9:10 Date 3:13 Dated 6:22 Days 9:14 Deal 19:13 Dealerships 6:15 8:5 Deals 19:12 Definition 13:14 13:16 13:21 13:23 14:22 18:23 19:11 19:16 19:17 19:19 20:24 Deliberate 21:15 Deliberations 21:16 Deny 21:1§ Depict 7:14 Describe 7:18 Determination 3:6 4:6 4:8 4:14 5: 2 5:3 5:11 5:13 6: 19 7:1 7:15 12:6 14:6 18:14 20:17 21:13 Determine 19:23 Device 13:16 13:18 16:12 20:25 Didn't 21:11 Diesel 10:6 Different 7:5 Difficulty 8:9 DIRECT 2:4 2:7 5:25 12:1 Directed 3:14 10:19 10:20 10:21 Direction 10:22 Disagree 5:1 5:12 Document 7:5 Doesn't 9:12 19:13 Doing 20:10 Doubt 19:20 20:1 20:5 20:, 13 20:13 Downtown Draw 13:12 17:9 21:11 Drawing 16:23 21:2 Drawn 17:13 17:16 Draws 21:8 Driveway 13:5 15:13 15:25 Duly 5:23 11:25 During 9:10 E E 2:1 EAKIN 1:16 Earlier 14:12 Either 9:6 15:15 Else 15:2 Emanate 16:19 Enacted 20:2 Enclosed 14:9 Engineered 11:4 Enterprises 1:4 3:3 4:3 4:9 5: 7 6:5 15:16 Entire 14:14 Equipment 7:16 Escaping 8:22 ESQUIRE 1:20 Evening 12:10 Events 8:7 9:18 Every 16:1 19:18 Everybody 19:6 Evidence 11:15 23:2 EXAMINATION 5:25 12:1 14:1 Example 10:3 11:5 17:10 Exhibit 2:11 4:12 4:18 5: 11 5:17 5:19 Exhibits 5:15 11:16 EXist 18:16 Exists 20:1 Expressly 12:14 12:2 15:8 Extension 20:4 Extent 10:21 19:24 F _ Faci ity 9:23 15:21 16:25 21:12 Fact 14:13 16:18 19:4 Fai r 8:18 Falls 13:22 Familiar 6:24 8:19 Favo r 20:3 20:14 21:23 Felt 14:12 Fi rst 20:5 Fit 19:15 Flashing 12:15 13:1 14:19 15:10 Flashlight 20:7 20:12 Following 12:14 12:25 15:8 Follows 5:23 11:25 Fou r 7:5 7:23 7:25 10: 10 10:12 10:13 Front 7:8 15:22 Fully 23:2 Further 11:21 18:6 Gas 10:7 Gave 6:25 General 12:23 Getting 9:25 Give 3:22 10:24 20:20 Given 14:7 Gives 13:16 Go 8:7 18:19 18:23 20: 7 21:14 Going 9:22 16:25 17:8 17: 11 20:20 Good 9:2 Governing 20:2 Grand 8:14 Grange 8:18 Guess 10:17 H Hal 1 1:17 2:8 3:16 3:18 6:25 7:7 11:24 12: 4 12:19 14:4 14:17 16:1 17:18 18:3 18: 7 20:19 20:22 Hand 20:8 Happening 17:14 Heard 12:9 Hearing 1:5 3:14 22:5 HELD 1:5 He re 5:12 9:6 9:13 10:1 12:9 Hereby 23:1 Herman 1:22 23:9 Him 9:3 Himself 8:23 Hole 19:10 Horizontally 11:5 HOW 6:12 9:5 10:20 11: 11 Hummer 5:6 I 20:8 Identification 5:20 Identify 12:19 illuminate 8:1 10:25 11:1 impl i ed 20:4 INC 1:4 Incorporated 3:3 4:4 5:8 6:6 15: 16 indicate 18:24 indicated 8:15 indoor 9:24 Inquiry 7:7 Intended 20:1 Interfere 13:4 13:9 15:12 15: 17 Interpretation 13:7 15:14 15:19 19:21 20:22 Interpreted 19:25 Interpreting 19:22 Intersections 13:6 15:13 15:25 Into 9:22 10:1 11:6 11: 10 11:15 19:10 19: 15 Issued 4:7 5:10 J JACKIE 1:16 James 1:20 2:8 11:24 JIM 1:17 John 2:5 5:22 6:3 Julv 3:6 4:7 4:9 4:10 22 12:5 Just 8:17 9:25 10:6 14:5 K KAREN 1:13 Keith 4:2 Kind 7:24 Knew 9:22 Know 9:8 10:23 16:15 Knows 19:6 L Land owl_ 20:15 Language 18:2 19:23 19:25 20:2 Last 8:17 Least 20:14 Leave 12:18 Left 7:8 Legal 3:11 3:16 3:18 Letter 3:6 6:18 12:5 14:8 Light 7:6 11:6 11:10 12: 12 13:11 16:9 16: 19 16:22 17:4 17:9 19:1 19:3 19:6 20:8 Lights 3:8 5:4 6:20 7:14 7:21 7:23 8:1 8:13 9:1 9:6 10:10 10: 11 10:12 10:19 11: 8 11:11 12:7 12:11 12:16 13:2 13:8 13: 17 14:18 15:5 15: 15 15:20 16:5 16:6 16:8 16:9 16:14 17: 5 17:13 17:17 17: 20 17:22 18:17 18: 21 19:5 19:14 20: 23 21:2 21:7 21:8 Li ke 5:14 20:9 Loaned 8:20 Located 13:4 15:11 15:17 15:21 15:23 21:3 Location 5:6 5:7 7:20 Locations 8:3 8:10 8:16 8:16 9:6 9:17 Look 18:15 19:17 19:18 Lorraine 1:22 23:9 M 4:8 5:3 18:13 Make 14:17 18:8 19:15 Makes 14:18 16:17 MANAGER 1:16 Mar 4:17 5:14 5:16 Marked 2:13 5:20 6:17 7:3 Matter 13:19 21:4 MATTY 1:13 11:20 21:22 22:1 May 13:13 20:9 Mayor 8:20 Mean 9:12 10:25 Meaning 20:1 Mechanicsburg 1:6 3:4 MEETING 1:2 MEMBER 1:13 1:13 Mentioned 14:5 Message 17:2 19:1 20:11 Miles 21:7 Mi nd 19:21 Months 9:21 9:21 Mo re 20:6 Motion 21:18 22:4 Motorist 16:2 Motorists 13:5 13:10 15:13 15:24 16:7 16:24 17:7 MOVED 2:13 Movement 13:8 MUNICIPAL 1:5 Must 20:14 Myriad 1$:15 ?N N 2:1 Name 3:22 4:2 6:2 8:21 Necessarily 17:14 Needing 3:23 Never 18:18 New 6:14 6:15 News 3:12 Next 5:17 Nine 8:4 8:5 No 8:12 9:22 11:13 11: 19 11:20 11:21 13: 3 14:8 15:11 15:11 16:14 17:1 17:2 17: 23 18:4 18:7 19:1 20:5 20:6 20:13 22:1 NOS 5:19 Not 8:15 9:2 9:13 10:6 10:7 10:8 10:9 10: 23 11:1 11:1 11:4 11:9 12:7 14:17 15: 6 16:9 16:9 17:4 17:13 17:25 18:14 18:20 19:3 19:8 19: 19 20:6 20:11 20: 12 20:17 21:10 Notary 1:23 23:9 Notes 23:3 Nothing 17:11 19:3 Notice 3:19 Notices 3:11 3:17 Notification 3:13 NOW 9:5 10:10 0 0 CONNELL 1:19 occasions off 8:6 8:7 8:25 21:14 21:16 off-site 8:6 offer 11:15 offered 9:3 office 8:24 officer 1:17 3:7 4:6 5:2 5: 10 6:18 18:13 19:9 officer's 4:13 One 3:25 5:17 Ones 9:2 only 18:15 9:9 Open 110:9 0 inion 1 18 18:18 Opportunity 2?. 21 O )posed 212 ordinance 3:10 5:9 12:13 13: 15 14:5 14:11 14: 22 15:7 17:19 19:8 19:22 19:23 Oscillate 8:1 10:17 15:6 16:6 oscillating 12:12 12:16 13:2 14:19 15:10 19:13 19:14 other 8:2 8:6 8:10 8:11 8:16 9:17 11:2 17: 19 17:23 Our 8:7 9:11 10:5 10:8 11:1 out outdoor 3:8 14:9 overturned 20:18 own 9:23 owned 5:7 Owner 6:4 20:3 Owns 6:8 P P.m. 1:9 9:12 9:16 10:5 PA 3:4 Packet 14:14 Page 13:15 Park 9:8 Part 4:18 4:23 15:15 Particular 21:1 Party 9:3 Passing 13:10 16:24 Patriot 3:12 Peg 19:10 PENNSYLVANIA 1:6 People 21:8 21:8 Periodically 5:4 8:6 9:9 9:16 Permissible 5:8 Permitted 12:7 15:7 Person 3:25 Photographs 7:10 7: 5 9:25 Pictures 7:5 Piece 7:16 17:6 Pi ke 1:6 3:4 6:9 13:10 Place 3:14 Placed 17:5 Places 9:11 Placing 15:14 Plan 9:18 Please 3:22 6:2 PM 10:3 22:5 Point 5:14 17:18 20:9 Portable 3:7 13:17 15:20 16: 5 21:1 Possi ble 11:9 Post :1 Posted 3:18 Prepared 10:24 Present 4:11 Presently 6:13 8:2 Proceedings 23:1 23:4 Prohibited 12:14 14:15 15:9 Prohit 12:25 Promotion 13:13 Proper 18:14 Properties 6:9 6:12 11:11 15: 16 Property 3:17 3:19 6:20 8:7 9:8 13:12 15:23 17: 6 17:14 19:25 20:3 Provision 17:19 19:7 19:12 Provisions 17:23 18:16 Public 1:23 11:7 13:20 21: 5 23:9 Published 3:11 Purpose 11:1 12:10 16:1 Purposes 7:23 Put 19:7 Question 18:13 Questions 11:17 18:3 R Ran 10:7 RAYMOND 1:13 RE 1:3 Read 18:24 Really 14:15 Rear 7:8 15:22 Reason 3:23 13:11 Reasons 11:3 18:11 20:16 Rebut 20:19 Record 1:5 4:18 4:24 21: 15 21:16 Reed 8:20 Refe r 19:21 Reference 14:18 14:18 Referring 12:20 14:16 14:24 Reflect 7:5 Regarding 3:7 Regulate 19:5 Regulations 12: 4 Related 3:8 Rent 9:2 Reporter 1:2 23:9 Represent 4:3 7:13 Representatives 3:21 Request 3:23 4:8 4:10 5:3 14:16 20:16 Requested 7:1 7:15 Requesting 6:19 Resolved 20:14 Respect 6:19 6:25 Response 6:24 22:3 Restriction 19:24 20:4 20:15 Rests 11:22 Result 4:8 Review 14:9 RICK 1:12 Right 7:8 7:16 11:7 17: 12 17:18 Right-of-way 11: Rotate 10:15 15:6 Rotating 12:12 12:19 13:1 14:19 15:10 19:13 19:14 Round 19:10 RPR 1:22 23:9 Rules 18:19 Run 10:8 5 11:3 said 14:8 sales 6:14 13:12 same 7:6 23:5 Saturn 5:6 say 10:25 12:14 13:1 14:24 21:23 Saying 16:5 19:16 says 12:25 13:3 15:8 search 3:8 5:4 6:20 7:6 7: 14 7:21 10:11 12:7 3:1 15:15 15:2 16:5 16:5 16:8 17: 20 17:21 18:17 18: 21 19:5 19:6 20:23 21:2 second 21:21 21:22 section 3:8 12:18 12:19 12: 23 12:24 13:15 14: 9 14:13 14:15 18: 17 19:21 sections 14:4 17:21 see 7:22 7:24 20:8 21: 6 21:8 seen 7:22 sent 6:18 14:13 Separate 10:13 September 1:9 7:11 sequential 12:15 15:9 service 6:14 shall 13:3 15:11 19:25 share 5:15 shareholder 6:5 shine 11:5 shortest 9:14 should 4:17 showing 6:16 7:3 side 7:8 14:22 Sign 13: 13:16 13:21 14:23 15:5 15:11 16:2 16:11 16:12 16:14 16:18 18:15 18:19 18:22 18:23 19:3 19:11 19:16 19:17 19:18 19:19 20:6 20:7 20:12 20: 24 signs 3:9 12:24 14:10 14: 15 14:19 15:10 19: 13 silver 1:1 1:5 1:21 3:9 8: it 9:7 14:10 simple 5:1 Si to 8:6 Sixty 8:14 sky 8:1 10:25 11:2 20:9 Sole 13:11 solicitor 4:16 some 9:1 somebody 15:2 20:1 someone 16:2 something 7:19 16:3 16:24 17: sometimes 9:13 Special 5:5 Spent 21:10 Spin 10:15 Spot 9:24 Spring 1:1 1:5 1:21 3:9 8: 11 9:7 14:10 Square 19:10 STAFF 1:15 Stand 21:13 State 6:2 8:18 Stated 18:12 STENOGRAPHIC 1:5 stick 19:10 still 17:9 20:23 Storage 9:24 Street 13:5 15:13 15:24 Structure 19:2 Subject 7:6 13:19 21:4 submit 18:14 20:5 submitted 3:2 3:5 Suggesting 9:15 summer 9:21 9:24 SUPERVISOR 1:16 Supervisors 19:4 sustained 20:17 Sutliff 1:4 2:5 3:3 4.3 4: 9 5:7 5:16 5:22 6: 3 6:4 6:5 6:16 7:4 8:3 8:16 9:20 12:6 12:10 14:7 14:14 15:16 21:10 sworn 3:23 4:1 5:23 11:25 T T 1:22 23:9 Tables 18:20 Taken 7:10 9:25 23:3 Te rm 8:24 Testified 5:23 11:25 Testimony 16:4 18:6 Than 8:11 11:2 20:7 Thank 3:20 4:25 13:25 Think 7:21 8:22 12:9 13 4 18:11 19:9 21:6 Threw 8:23 Through 18:19 18:20 Time 3:13 10:1 10:4 14: 12 Together 7:25 Towed 7:19 7:20 Township 1:1 1:5 1:16 1:21 2:7 3:9 8:11 9:7 14:10 18:5 18:16 Trailer 7:14 7:19 Transcript 23:5 Transmitted 11:6 11:10 Transportation 7:24 Trying 19,9 Turner 1:19 1:20 4:16 4: 20 4:23 12:3 13:24 18:2 18:5 18:8 20: 20 Twisting 19:11 TWO 5:14 Type 12:12 19:18 U un er 5:8 12:23 12:24 13: 3 15:7 18:16 19:18 UNIDENTIFIED 2:14 2:15 Until 9:13 26:9 Upon 11:11 19:24 upwards 10:19 use 3:7 5:4 6:20 8:15 9:18 9:20 10:4 12: 8 15:19 16:9 17:20 19:5 19:24 21:7 used 6:12 6:14 8:2 8:5 9:15 13:18 21:4 using 8:9 9: V vacant 17:5 valuable 10:2 Value 9:10 vehicle 7:14 Ve ry 5:1 Vi ew 7:9 visibility 13:4 13:5 13:9 15: 12 15:18 visual 20:24 20:25 yV fv W wanted 19:4 warm 9:21 wasti nc1 10:6 10:7 way 11:7 11:7 weather 9:21 WEDNESDAY 1:8 week 8:17 whatever 19:2 whether 5:4 8:24 15:22 18: 13 Which 5:7 5:11 why 10:3 14:21 will 4:11 5:5 5:16 10: it 11:15 13:8 13:9 21:8 21:14 WILLIAM 1:16 wish 18:8 within 12:13 13:22 23:3 Without 15:5 19:2 witness 2:3 4:1 5:16 5:22 11:15 11:24 Witnesses 11:22 18:6 word 10:18 words 17:2 17:4 Write 12:5 Writing 4:11 written 5:10 20:2 X X 2:1 Y Ya ra 15:22 15:22 Yeah 10:13 Year 4:7 9:14 10:1 Years 8:25 Yes 3:25 6:7 6:21 6:23 7:2 7:8 7:17 8:4 8: 17 10:17 12:5 16:4 20:20 21:19 z zoning 1:2 1:11 1:17 3:7 3:9 4:6 4:13 5:2 5: 8 5:10 6:18 12:13 14:5 14:10 15:7 17: 19 18:13 19:7 19:9 1 1 1 1 SILVER SPRING TOWNSHIP ZONING ORDINANCE OF 2003 CUMBERLAND COUNTY, PA Last Revised: July 26, 2006 SILVER SPRING TOWNSHIP MUNICIPAL DIRECTORY Board of Supervisors Christopher R. Latta, Chairman Jan N. LeBlanc, Vice-Chairman Vincent T. DiFilippo Jackie Eakin Mary Lou Pierce-McLain Planning Commission Joseph Ricci, Chairman Art D'Agostino, Vice-Chairman Daniel Alex Ray Brown William Euker Nancy Griffie Curt Helman Township Manager William S. Cook, Manager Zoning Officer James E. Hall Engineer Bony Dawood, P.E. Dawood Engineering, Inc. 2020 Good Hope Road Enola, Pa 17025 Sewage Enforcement Officer Gary Morrow 129 State Road Mechanicsburg, PA 17050 Solicitor Steven A. Stine, Esquire 23 Waverly Drive Hummelstown, PA 17036 SILVER SPRING TOWNSHIP MUNICIPAL OFFICE 6475 Carlisle Pike Mechanicsburg, PA 17050 Telephone: (717) 766-0178 FAX: (717) 766-1696 Hours: 8 A.M.- 4 P.M., Monday-Friday 1 TOWNSHIP OF SILVER SPRING CUMBERLAND COUNTY, PENNSYLVANIA s SILVER SPRING TOWNSHIP ZONING ORDINANCE OF 2003 Originally adopted as Ordinance No. 95-10 on October 11, 1995 Amended August 11, 1999 (Ordinance No. 99-6) Amended February 26, 2003 (Ordinance No. 1 of 2003) Amended April 28, 2004 (Ordinance No. 3 of 2004) Amended December 21, 2005 (Ordinance No. 5 of 2005) Amended July 26, 2006 (Ordinance No. 2 of 2006) AN ORDINANCE OF AND BY THE BOARD OF TOWNSHIP SUPERVISORS IN AND FOR THE TOWNSHIP OF SILVER SPRING, • CUMBERLAND COUNTY, PENNSYLVANIA, WHICH REGULATES THE USE AND DEVELOPMENT OF LAND WITHIN THE TOWNSHIP OF SILVER SPRING, CUMBERLAND COUNTY, PENNSYLVANIA, • BY: STATING PUBLIC PURPOSES AND AUTHORITY FOR SUCH REGULATION, MAKING DEFINITIONS OF TERMS, CREATING GEOGRAPHICAL ZONING DISTRICTS BY MAP AND NARRATIVE, • ESTABLISHING PERMITTED AND PROHIBITED USES WITHIN - SUCH DISTRICTS, ESTABLISHING RULES AND CRITERIA FOR EXERCISING PERMITTED USES, RECOGNIZING AND • REGULATING NON-CONFORMITIES, CREATING A ZONING HEARING BOARD, ESTABLISHING FILING AND PROCESSNG _ PROCEDURES, PROVIDING ADMINISTRATIVE REQUIREMENTS, ESTABLISHING REMEDIES AND PENALTIES FOR VIOLATIONS OF THE ORDINANCE. ARTICLE 3 GENERAL PROVISIONS .........................115 Section 300 General Provisions ............................................................................ 115 Section 301 Accessory Uses and Structures .......................................................... 115 301.1. Fences and Walls ................................................................. 115 -- 301.2. Swimming Pools .................................................................. 115 301.3. Tennis Courts ....................................................................... 115 301.4. Satellite Dish Antennas ........................................................ 115 301.5. Alternative Energy Sources .................................................. 116 301.6. Garage/Yard Sales ................................................................ 116 301.7. Accessory Repair of Personal Motor Vehicles .................... 116 301.8. Ornamental Ponds and Wading Pools .................................. 117 301.9. Man-Made Lakes, Dams and Impoundments ...................... 117 310.10 Co-location of Communication Antennas ........................... 118 Section 302 Unenclosed Storage ........................................................................... 118 _ 302.1. Recreational Vehicles, Boats, Campers, Trailers and Trucks .................................................................................. 118 _ 302.2. Outdoor Stockpiling ............................................................. 120 302.3. Trash, Garbage, Refuse, or Junk .......................................... 120 302.4. Dumpsters ............................................................................ 121 302.5. Domestic Composts ............................................................. 121 - 302.6. Parking and Storage of Unlicensed or Uninspected Motor Vehicles ............................................................................... 121 302.7. Vehicle Storage as an Accessory Use to _ Automobile Sales ................................................................ 121 Section 303 Setback Modifications ....................................................................... 121 303.1. Front Setback of Buildings on Built-up Streets ................... 121 303.2. Accessory or Appurtenant Structures ................................... 122 303.3. Mandatory Setbacks from the Carlisle Pike ......................... 122 Section 304 Height Limit Exceptions ..............................:..................................... _ 122 Section 305 Corner Lots ........................................................................................ 123 -- Section 306 Minimum Habitable Floor Area ........................................................ 123 Section 307 Erection of More Than One Principal Use On A Lot ........................ 123 Section 308 Required Vehicular Access 123 308.2. Requirements Imposed Upon Properties Fronting the _ Carlisle Pike or New Willow Mill Road Adjoining Land ........................................................ Within the (INT) Zone 124 Section 309 Required Parking For Single-Family Detached Dwellings ............... 125 _ Section 310 Roadway Classifications ................................................................... 125 Section 311 Zoning Requirements For Use Of On-Lot Sewage Disposal Systems .............................................................................................. 126 -- Section 312 Permanent/Temporary Occupancy Requirements ............................. 126 Section 313 Outdoor Signs .................................................................................... 126 313.1. General Intent ....................................................................... 126 313.2. General Regulations for All Signs ....................................... 127 _ 313.3. Specific Sign Requirements ................................................. 129 1 1 !rl 1 1 1 LJ F11I 313.5. Prohibited Signs ...................................................................136 313.6. Sign Permits... ... .................................................................. 136 Section 314 Required Nutrient Management Plans ............................................... 137 Section 315 Operations And Performance Standards ........................................... 137 Section 316 Common Open Space Requirements ................................................. 138 Section 317 Architectural Design Standards ......................................................... 139 Section 318 Outdoor Storage And Display Requirements .................................... 140 318.1. Shopping Cart Storage ......................................................... 140 318.2. Seasonal Sidewalk Displays ................................................. 141 318.3. Special Event Sales .............................................................. 141 Section 319 Public Utilities Structures .................................................................. 142 Section 320 Accessory Apartments ....................................................................... 143 Section 321 Amusement Arcades .......................................................................... 143 Section 322 Automobile Parts Store And Automotive Service And Repair Facilities ............................................................................................ 144 Section 323 Automobile Service And Repair Facilities ........................................ 144 Section 324 Automobile Filling Stations (Including Minor Incidental Repair) ............................................................................................... 145 Section 325 Billboards .......................................................................................... 146 Section 326 Car Washes ........................................................................................ 146 Section 327 Cluster Developments in the R-2 Zone ............................................. 147 Section 328 Commercial Day-Care Facilities ....................................................... 150 Section 329 Commercial Recreation Facilities ..................................................... 150 Section 330 Drive-Thru And/Or Fast-Food Restaurants ....................................... 151 Section 331 ECHO Housing .................................................................................. 152 Section 332 Farmers And/Or Flea Markets ........................................................... 153 Section 333 (Reserved for Future Use) ............................................................... 154 Section 334 (Reserved for Future Use) ................................................................. 154 Section 335 Home Improvement And Building Supply Stores ............................. 154 Section 336 Mini-Warehouses .............................................................................. 155 Section 337 Noncommercial Keeping Of Livestock in the C A, and R . Zones ................................................................. .............................. 156 Section 338 (Reserved for Future Use) ................................................................. 157 Section 339 (Reserved for Future Use) ................................................................. 157 Section 340 Stables And Kennels ......................................................................... 157 Section 341 Temporary Farm Employee Housing ................................................ 157 Section 342 Two-Family Conversions .................................................................. 158 Section 343 Warehousing And Wholesale Trade Establishments ........................ 158 Section 344 Wholesale Produce And Tobacco Auctions ...................................... 159 Table of Contents 1 -iii- Silver Spring Township Zoning Ordinance ARTICLE 4 SPECIFIC CRITERIA ...............................161 Section 400 Specific Standards For Special Exception And Conditional Uses ....161 Section 401 Accessory Apartments ....................................................................... 161 Section 402 Adult-Related Facilities ..................................................................... 162 Section 403 Airports/Heliports .............................................................................. 163 Section 404 Bed And Breakfasts ........................................................................... 163 Section 405 Boarding Houses ............................................................................... 164 Section 406 Campgrounds ..................................................................................... 165 Section 407 Churches And Related Uses .............................................................. 166 Section 408 Cluster Developments in the R-1 Zone ............................................. 167 Section 409 Commercial Day-Care Facilities ....................................................... 171 Section 410 Commercial Livestock Operations .................................................... 171 Section 411 Commercial Stockyards Or Feedlots ................................................. 172 Section 412 Communication Antennas, Towers, And Equipment ........................ 173 Section 413 Convention Centers ........................................................................... 174 Section 414 Conversion Apartments ..................................................................... 175 Section 415 Sales, Storage, and/or Wholesaling of the following: A. Home and auto-related fuels; B. Nursery and garden materials, and stock; C. Contractor supplies; and, D. Plumbing, heating, air conditioning, electrical, and other structural components of buildings .................................... 176 Section 416 Family Day-Care Facilities ................................................................ 177 Section 417 Farm Occupations .............................................................................. 177 Section 418 Golf Courses ...................................................................................... 178 Section 419 Health And Fitness Clubs .................................................................. 180 Section 420 Health-Care Campus And Hospital ................................................... 181 Section 421 Historic Structures Conversions ........................................................ 183 Section 422 Home Occupations ............................................................................ 184 Section 423 Hotels And Related Facilities ............................................................ 185 Section 424 Junkyards ........................................................................................... 186 Section 425 Medical Residential Campuses ......................................................... 187 Section 426 Nightclubs ......................................................................................... 189 Section 427 Noncommercial Keeping Of Livestock in the RE Zone .................... 189 Section 428 Nursing, Rest Or Retirement Homes ................................................. 190 Section 429 Off-Street Off-Site Parking Lots For Nearby Land Uses .................. 191 Section 430 Principal Waste Handling Facilities .................................................. 192 Section 431 Private Clubhouses ............................................................................ 194 Section 432 Public And Private Schools ............................................................... 195 Section 433 Quarry-Related Manufacturing, Mixing And Processing For Sale Of Asphaltic Or Bituminous Products ....................................... 195 Section 434 Rural Clusters .................................................................................... 196 Section 435 Shooting Ranges ................................................................................ 198 Section 436 Shopping Centers Or Malls ............................................................... 199 Section 437 Truck Or Motor Freight Terminals .................................................... 200 Section 438 Truck Stops ........................................................................................ 200 Silver Spring Township Zoning Ordinance iv Table of Contents .,P 1 1 1 li ?J 1 Section 439 Slaughtering, Processing, Rendering, And Packaging Of Food Products And Their By-Products ....................................................... 202 Section 440 Automobile Sales, Automobile Service, and Repair Facilities ......... 204 Section 441 Heavy Industrial Uses ........................................................................ 204 Section 442 Heavy Equipment Sales, Service and/or Repair Facilities ................ 205 Section 443 Recycling Facilities for Paper, Plastic, Glass, and Metal Products ............................................................................................. 206 Section 444 Off-Track Betting Parlors .................................................................. 206 Section 445 Bus, Boat, Farm and Excavation Machinery, Mobile Home, and Trailer Sales ................................................................................ 207 Section 446 Bus, Class I Recreation Vehicle, Boat, Motorcycle, and Snowmobile Service and Repair Facilities ............................................................. 208 Section 447 Amateur Radio Antennas .................................................................. 208 Section 448 Banks and Similar Financial Institutions ........................................... 209 ARTICLE 5 NONCONFORMITIES ...............................210 Section 500 Continuation ......................................................................................210 Section 501 Abandonment .................................................................................... 210 Section 502 Extension Of A Nonconforming Use Of Land .................................. 210 Section 503 Expansion Or Alteration .................................................................... 210 Section 504 Substitution Or Replacement ............................................................. 211 Section 505 Restoration .........................................................................................212 Section 506 Previously Expanded Nonconforming Uses And Structures ............. 212 Section 507 Nonconforming Lots ......................................................................... 212 ARTICLE 6 ZONING HEARING BOARD ...................214 Section 600 Establishment And Membership ....................................................... 214 Section 601 Organization Of Board ...................................................................... 214 Section 602 Expenditures For Services ................................................................. 215 Section 603 Hearings ............................................................................................. 215 Section 604 Board's Functions .............................................................................. 218 Section 605 Parties Appellant Before The Board .................................................. 222 Section 606 Time Limitations ............................................................................... 222 Section 607 Stay Of Proceeding ............................................................................ 223 Section 608 Appeal ............................................................................................... 223 Table of Contents -v- Silver Spring Township Zoning Ordinance ARTICLE 7 ADMINISTRATION ..............................224 Section 700 Administration and Enforcement ...................................................... 224 Section 701 Permits ............................................................................................... 227 Section 702 Fees .................................................................................................... 232 Section 703 Amendments ...................................................................................... 232 Section 704 Conditional Uses ............................................................................... 238 Section 705 Savings Provision For Matters in Process ........................................ 241 Section 706 Repeals And Inconsistencies ............................................................. 241 Section 707 Effective Date .................................................................................... 241 Silver Spring Township Zoning Ordinance vi Table of Contents .,A ' ARTICLE 1 BACKGROUND PROVISIONS SECTION 101 SHORT TITLE This Ordinance shall be known and may be cited as the "Silver Spring Township Zoning Ordinance of 2003." I SECTION 102 PURPOSE This Ordinance is enacted to promote, protect and facilitate the public health, safety, morals, general welfare, coordinated and practical community development, proper density of population, the provisions of adequate light and air, police protection, vehicle parking and loading space, transportation, water, sewerage, schools, public grounds and other public requirements, as well as ' to prevent overcrowding of land, blight, danger and congestion in travel and transportation, loss of health, life, or property from fire, flood panic or other dangers. This Ordinance is enacted in ' accordance with an overall planning program, and with consideration for the character of the Township, its various parts and the suitability of the various parts for particular uses and struc- tures. SECTION 103 SCOPE From and after the effective date of this Ordinance, the use of all land and every building or structure or portion of a building or structure erected, altered with respect to height and area, ' added to, or relocated, and every use within a building or structure or use accessory thereto, in the Township shall be in conformity with the provisions of this Ordinance. Any lawfully existing use, building, or land not in conformity with the regulations on the effective date of this Ordinance ' herein prescribed shall be regarded as nonconforming but may be continued, extended, or changed subject to the special regulations herein provided with respect to nonconforming buildings, ' structures, or uses. ' SECTION 104 INTERPRETATION In interpreting and applying the provisions of this Ordinance, they shall be held to be the ' minimum requirements for the promotion of the health, safety, and general welfare of the residents of the Township. 11 In interpreting the language of zoning ordinances to determine the extent of the restriction upon the use of the property, the language shall be interpreted, where doubt exists as to the intended meaning of the language written and enacted by the governing body, in favor of the property owner and against any implied extension of the restriction. Article 1 Background Provisions -1- Silver Spring Township Zoning Ordinance SECTION 105 CONFLICT It is not intended by this Ordinance to repeal, abrogate, annul, or interfere with any existing ordinances or resolutions, or with any rule, regulation or permit adopted or issued thereunder, except as provided, and only to the extent permitted by Section 508(4) of the Act. Where this Ordinance imposes greater restrictions upon the use or development of buildings or land, or upon the height and bulk of buildings, or prescribes larger open spaces than the provisions of such other ordinance, resolution, rule, regulation or permit, then the provisions of this Ordinance shall control. Furthermore, except as provided for in Sections 207.2. and 400 of this Ordinance, if a discrepancy exists between any regulations contained within this Ordinance and any other Township regulations, the regulation which imposes the greater restriction shall apply. SECTION 106 VALIDITY Except as noted in Section 207.3. of this Ordinance, should any section or provision of this Ordinance be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of this Ordinance as a whole or of any other part thereof. SECTION 107 USES NOT PROVIDED FOR Whenever, under this Ordinance, a use is neither specifically permitted nor denied, and an application is made by an applicant to the Zoning Officer for such use, the Zoning Officer shall refer the application to the Board of Supervisors to hear and decide such request as a conditional use. The Board of Supervisors shall have the authority to permit the use or deny the use in accordance with the standards governing conditional use applications. The use may be permitted if it is similar to and compatible with the permitted uses in the zone in which the subject property is located, is not permitted in any other zone under the terms of this Ordinance, and in no way is in conflict with the general purposes and intent of this Ordinance. The burden of proof shall be upon the applicant to demonstrate that the proposed use meets the foregoing criteria and would not be detrimental to the public health, safety and welfare of the neighborhood. SECTION 108 ESTABLISHMENT OF ZONES For the purpose of this Ordinance, Silver Spring Township is hereby divided into zones which shall be designated as follows: Conservation (C) Agricultural (A) Rural Residential (R) Residential Estate (RE) R-I Residential (R-1) High Density Residential (R-2) Village Residential (R-3) Village Overlay (VO) Neighborhood Commercial (G1) Community Commercial (G2) Highway Commercial (G3) Professional Office (O) Light Industrial (1-1) General Industrial (I-2) Interchange (INT) Quarry (Q) Floodplain (FP) Silver Spring Township Zoning Ordinance -2- Article 1 Background Provisions t 1 I- I SECTION 109 ZONING MAP AND VEHICULAR ACCESS MAP The areas within Silver Spring Township, as assigned to each zone and the location of the zones established by this Ordinance, are shown upon the Zoning Map, which together with all explanatory matter thereon, is attached to and is declared to be a part of this Ordinance. In addition, the Vehicular Access Map depicting vehicular control points and feeder roads is also declared to be a part of this Ordinance. SECTION 110 ZONE BOUNDARY LINES The zone boundary lines shall be as shown on the Zoning Map. Zone boundary lines are intended to coincide with lot lines; centerlines of streets, alleys, railroad rights-of-way, and streams at time of passage of this Ordinance; the corporate boundary of the Township; or as dimensioned on the map. In the event of dispute about the location of the boundary of any zone, the Zoning Officer shall investigate and render a decision on the location of the line. Appeals from this decision shall be made to the Zoning Hearing Board. SECTION 111 COMMUNITY DEVELOPMENT OBJECTIVES This Ordinance is enacted in accordance with the Silver Spring Township Comprehensive Plan and has been formulated to implement the purpose set forth in Section 102 above. The Ordinance is enacted with regard to the community development objectives listed in Chapter II of the Official Comprehensive Plan, Silver Spring Township, Cumberland County, PA. SECTION 112 DEFINITIONS I A. WORD USAGE - Words and phrases shall be presumed to be used in their ordinary context unless such word or phrase is defined differently within this section. B. LANGUAGE INTERPRETATION - In this Ordinance, when not inconsistent with the context: 1 1 1. Words in the present tense imply also the future tense. 2. The singular includes the plural. 3. The male gender includes the female gender. 4. The word "person" includes an individual, incorporator's association, member(s) of a partnership or the officers of a corporation, as well as any similar entity. 5. The term "shall" or "must" is always mandatory. C. SPECIFIC WORDS AND PHRASES - The following words and phrases shall have the particular meaning assigned by this section in the appropriate sections of this Ordinance. Article 1 Background Provisions -3- Silver Spring Township Zoning Ordinance ACCESS DRIVE - An improved cartway designed and constructed to provide for vehicular movement between a public road and a tract of land containing any use other than one single-family dwelling unit or farm. ACCESSORY APARTMENT - A separate dwelling unit that is (1) contained upon the same lot as an owner-occupied single-family detached dwelling and (2) is contained within the principal dwelling building or occupies a portion of one of its accessory buildings. All accessory apartments shall have direct separate means of entrance/exit. ACCESSORY USE - A use customarily incidental and subordinate to the principal use or building and located on the same lot as the principal use or building. ACREAGE, NET - The total land area contained within a property or proposed site, exclusive of lands within a public or private street right-of-way. ACT - The latest version of the Pennsylvania Municipalities Planning Code, as amended. ADULT-RELATED FACILITIES - A business or club which engages in one or more of the following areas of sales, services or entertainment: 1. Adult Bath House: An establishment or business which provides the services of baths of all kinds, including all forms and methods of hydrotherapy during which specified anatomical areas are displayed or specified sexual activity occurs. This section shall not apply to hydrotherapy treatment practiced by, or under the supervision of a medical -- practitioner. A medical practitioner, for the purpose of this Ordinance, shall be a medical doctor, physician, chiropractor or similar professional licensed by the Commonwealth of Pennsylvania. 2. Adult Body Painting: Any establishment or business which provides the service of applying paint or other substance whether transparent or nontransparent to or on the human body when specified anatomical areas are exposed. 3. Adult Bookstore: Any establishment which has more than fifty percent (50%) of its stock in trade consisting of: A. Books, films, videotapes, magazines or other periodicals or other forms of audio or visual representation which are distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas; B. Instruments, devices or paraphernalia (excluding prophylactics) which are designed for use in connection with specified sexual activities. 4. Adult Cabaret: A nightclub, theater, bar or other establishment which features live or media representations of performances by topless or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar entertainers, where such performances are Silver Spring Township Zoning Ordinance -4- Article 1 Background Provisions -_j 1 J 1 1 1 C n distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas. 5. Adult Massage Establishment: Any establishment or business which provides the services of massage and body manipulation, including exercises, heat and light treatments of the body, and all forms and methods of physiotherapy, unless operated by a medical practitioner, chiropractor or professional physical therapist licensed by the Commonwealth. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service. 6. Adult Mini-Motion Picture Theater - An enclosed or unenclosed building with a capacity of more than five (5), but less than fifty (50), persons used for presenting any form of audio or visual material, and in which a substantial portion of the total presentation time measured on an annual basis is devoted to the showing of material which is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas. 7. Adult Model Studio: Any place where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity, except that this provision shall not apply to any "figure studio" or "school of art" or similar establishment which meets the requirements established in the Education Code of the Commonwealth of Pennsylvania for the issuance or conferring of, and is in fact authorized thereunder, to issue and confer a diploma. 8. Adult Motel: A motel or similar establishment offering public accommodations for any consideration, which provides patrons with material distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas. 9. Adult Motion Picture Arcade: Any place to which the public is permitted or invited wherein coin or slug operated or electronically or mechanically controlled still or motion picture machines, projectors, or other image producing devices are maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas. 10. Adult Motion Picture Theater: An enclosed or unenclosed building with a capacity of fifty (50) or more persons used for presenting any form of audio or visual material, and in which a substantial portion of the total presentation time measured on an annual basis is devoted to the showing of material which is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas. Article 1 Background Provisions -5- Silver Spring Township Zoning Ordinance 11. Adult News Rack: Any coin-operated machine or device which dispenses material substantially devoted to the depiction of specified sexual activities or specified anatomical areas. 12. Adult Out-Call Service Activity: Any establishment or business which provides an out-call service which consists of individuals leaving the premises upon request or by appointment to visit other premises for a period of time for the purpose of providing any service during which time specified anatomical areas are displayed or specified sexual activity occurs. 13. Adult Sexual Encounter Center: Any business, agency, or person who, for any form of consideration or gratuity, provides a place where two (2) or more persons, not all members of the same family may congregate, assemble or associate for the purpose of engaging in specified sexual activity or exposing specified anatomical areas, excluding psychosexual workshops, operated by a medical practitioner licensed by the Commonwealth, to engage in sexual therapy. 14. Adult Theater: A theater, concert hall, auditorium or other similar establishment, either indoor or outdoor in nature which regularly features live performances which are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas for observation by patrons. 15. Any other business or establishment which offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas." AGRICULTURE - The tilling of the soil, the raising of crops, forestry, horticulture and -- gardening, including the raising of livestock such as cattle, cows, hogs, horses, sheep, goats, poultry, rabbits, birds, fish, bees, and other similar animals. This definition also includes noncommercial greenhouses and mushroom houses. Agriculture can involve the incidental `-° slaughter of livestock which have been raised on the site for no less than two-thirds of its lifespan. ALLEY - A strip of land over which there is a private right-of-way intended to provide vehicular access to the side and/or rear of properties with frontage on a public street. An alley is not intended for general traffic circulation. ALTERATIONS - Any change in the supporting members of a building or structure such as bearing walls, columns, beams or girders, joists or rafters, or enclosing walls. Any renovation to a building which would change its use, location, and/or size. AMUSEMENT ARCADE - A commercial establishment which provides as a principal use, amusement devices and/or games of skill or chance (e.g., pinball machines, video games, skeeball, electronic or water firing ranges and other similar devices). This definition does not include the use of two (2) or less such devices as an accessory use. Silver Spring Township Zoning Ordinance -6- Article 1 Background Provisions r r ANIMAL HOSPITAL - Any establishment offering veterinary services. Animal hospitals can treat all types of animals and can include outdoor and overnight boarding of animals. ATTIC - That part of a building which is immediately below and wholly or partly within the roof framing. Within a dwelling unit, an attic shall not be counted as floor area unless it is constructed as or modified into a habitable room by the inclusion of dormer windows, an average ceiling height of five (5) feet or more, and a permanent stationary interior access stairway to a lower building story. AUTOMOBILE FILLING STATION- Any area of land, including structures thereon, that is used for the sale of gasoline or any other motor vehicle fuel and oil and other lubricating substances, including any retail sales of motor vehicle accessories, which may not include major repairing, body and fender work, painting, vehicular sales, nor rental or automatic car washes. ' AUTOMOBILE SALES - Any building or land devoted to the retail sales of passenger vehicles, including accessory service and repair facilities if conducted within a wholly- enclosed building. 1 AUTOMOBILE SERVICE - The retail repair, servicing, maintenance and reconstruction of passenger vehicles but not including car washes per se. BASE FLOOD - The flood having a one percent (I%) chance of being equaled or exceeded in any given year (100-year flood). BASE FLOOD ELEVATION - The projected flood height of the base flood. BED AND BREAKFAST - A single-family detached dwelling, where between one (1) and twelve (12) rooms are rented to overnight guests on a daily basis for periods not exceeding two weeks. Meals may be offered only to registered overnight guests. BEEKEEPING - An accessory use to a farm permitted in any Zone, in which bees are raised and/or kept in compliance with Section 201.2.7.D. of this Ordinance. BILLBOARD - A sign upon which images and/or messages of any kind are printed, posted, or lettered, whether freestanding or attached to a surface of a building or other structure. A billboard is used to advertise products, services or businesses at a location other than the premises on which the sign is placed, or to disseminate other messages. BOARD - The Zoning Hearing Board of Silver Spring Township. BOARDING HOUSE - A detached building arranged or used for sheltering or feeding, or both, for more than three (3) and not more than ten (10) individuals that do not constitute a family. BUILDING - Any structure, either temporary or permanent, having walls and a roof or other covering, and designed or used for the shelter or enclosure of any person, animal or property Article 1 Background Provisions -7- Silver Spring Township Zoning Ordinance I of any kind, including tents, awnings, or vehicles situated on private property and used for purposes stated above. For the purposes of the Floodplain Zone, the word "building" shall include gas or liquid storage tanks. Detached: A building which has no party wall. Semi-detached: A building which has only one parry wall in common. Attached: A building which has two or more party walls in common. BUILDING AREA - The total of areas taken on a horizontal plane at the average grade level of the principal building and all accessory buildings, exclusive of uncovered patio, decks, awnings, terraces, and steps. BUILDING SETBACK LINE- The actual line of that face of the building nearest an _ adjacent right-of-way or street line. This face includes any structure above grade, except steps. CAFE - An exterior seating area associated with a restaurant or tavern which is under constant supervision by an employee of the business. CAMPGROUND - A lot, tract, or parcel of land upon which two or more campsites are located or established, intended and maintained for occupation by transients in recreational vehicles or tents. CAMPSITES - A plot of ground within a campground intended for occupation by a recrea- tional vehicle or tent. CAR WASH - A principal or accessory use whereby structures equipped with apparatuses for the washing, waxing and/or vacuuming of vehicles are provided. Automatic Car Wash: A self-serve car wash in which the vehicle enters a washing bay and is cleaned by solely a mechanized process. Full Service Car Wash: A car wash in which attendants are responsible for some portion of the washing process. Self-Service Car Wash: A car wash in which the vehicle enters a washing bay and is cleaned by the vehicle's occupants using available equipment and cleansers. CARPORT - An unenclosed structure for the storage of one or more vehicles in the same manner as a private garage, which may be covered by a roof supported by columns or posts except that one or more walls may be the walls of the main building to which the carport is accessory. Silver Spring Township Zoning Ordinance -8- Article 1 Background Provisions CARTWAY - The surface of a street, access drive, driveway or alley available for vehicular 1 traffic, including travel lanes and parking lanes, but not including curbs, sidewalks or swales. CELLAR - A space with less than one-half of its floor-to-ceiling height above the average finished grade of the adjoining ground or with a floor-to-ceiling height of less than six and one-half (6%) feet. Within a dwelling unit, a cellar shall not be counted as floor area, nor as a story of permissible building height. CEMETERY - Land used or intended to be used for the burial of the deceased including columbariums, mausoleums, and mortuaries when operated in conjunction with the cemetery and within the boundaries thereof. This definition shall not include crematoria, which shall be considered as funeral homes. CERTIFICATE OF USE AND OCCUPANCY - A statement signed by the Zoning Officer, setting forth that a building, structure or use legally complies with the Zoning Ordinance ' and other applicable codes and regulations and that the same may be used for the purposes stated therein. CHANNEL - A natural or artificial watercourse with a definite bed and banks which confine and conduct continuously or periodically flowing water. CHURCH AND RELATED USES - A building, structure, or group of buildings or structures, including accessory uses, designed or intended for public worship. This definition shall include rectories, convents, and church-related educational and/or day care facilities. CLUSTER DEVELOPMENT - A development that blends residences with areas of natural sensitivity and/or public parklands. Cluster developments are permitted by conditional use within the R- I Zone and as a permitted use in the R-2 Zone. ' COMMERCIAL KEEPING AND HANDLING - Producing and/or maintaining with the express purpose and intent of selling the product. COMMERCIAL LIVESTOCK OPERATION - An agricultural use involving the commercial keeping and handling of livestock quantities exceeding any of the following: 25 horses; 25 dairy or beef cattle, 25 swine; 20,000 poultry, excluding turkeys; 25 sheep or veal; t 500 turkeys; plus, ' the keeping and handling of livestock quantities exceeding an average adult weight for horses, dairy cattle and layer chickens and/or an average market weight of all other livestock of 2,000 pounds per acre, as referenced in the following table: Article 1 Background Provisions -g- Silver Spring Township Zoning Ordinance Livestock Animal Size (lb.) Cattle Dairy 150-1500 Beef 400-1400 Veal 100-350 Swine Pigs 35-200 Gestating sow (limit fed) 275 Sow and 8 pigs 375 Boar limit fed 350 Sheep 100 Horse 1000 Poultry (see following types) Layer 4 Layer, heavy 7 Pullet 3 Broiler 4 Roaster 7 Turkey 20 Duck 7 Guinea 3-4 Pheasant 3 Chukar 1.5 Quail .05 Sources: PA DFP, Field Application of Manure, and Poultry Manure Management. COMMERCIAL RECREATION FACILITY - An activity operated as a business, open to the public, for the purpose of public recreation or entertainment, including but not limited to, bowling alleys, drive-in motion picture facilities, swimming pools, health clubs, miniature golf courses, museums, etc. This does not include adult-related uses, shooting ranges, amusement arcades, nor off-track betting parlors, as defined herein. COMMERCIAL TRUCK - A vehicle that exceeds a gross vehicle weight (truck plus rated payload) of ten thousand (10,000) pounds. COMMON OPEN SPACE - Any area of land or water, or a combination of land and water, within a development site designed and intended for use by all residents of the development or the general public. Land included within the right-of-way lines of streets and storm water detention basins with impervious surfaces shall not be classified as common open space. Common open spaces shall not include required setbacks between buildings and street rights-of-way, driveways, access drives, parking areas, and property lines of the development. No dwelling unit, residential accessory buildings, or parking or loading areas may be located within common open spaces. Silver Spring Township Zoning Ordinance -10- Article 1 Background Provisions I COMPREHENSIVE PLAN - The most recently adopted version of the Official ' Comprehensive Plan, Silver Spring Township, Cumberland County, PA, including any amendments. CONDITIONAL USE - A use which may be appropriate to a particular zoning district, only when specific conditions and criteria prescribed for such uses have been complied with. Conditional uses are reviewed by the Board of Supervisors after recommendations by the Planning Commission, in accordance with Section 704 of this Ordinance. CONDOMINIUM - A form of property ownership providing for individual ownership of a specific dwelling unit, or other space, together with an undivided interest in the land or other parts of the structure in common with other owners. CONSERVATION PLAN - A plan including a map(s) and narrative that, at the very least, outlines an erosion and sedimentation control plan for an identified parcel of land. CONVENIENCE STORE - A retail sales business which specializes in providing household products and foods. Convenience stores may also provide for any or all of the following as an accessory use: 1. The rental of video tapes provided that an adult bookstore is specifically prohibited; 2. The preparation and sales of delicatessen sandwiches and foods provided that no patron seating is provided; and 3. The use of no more than two amusement devices (e.g., pinball machines, video games, and other similar devices). i h l i f l Conven ence stores s a l not nclude the dispensing of gasoline or other vehicle s, ue unless the appropriate approvals for an automobile filling station (as defined herein) have been obtained. CONVENTION CENTER - A group of uses designed and constructed as an integrated development to serve those attending consumer trade shows, association conferences and meetings, sports shows, banquets, receptions, and other similar functions. i CONVERSION APARTMENTS - The adaptation of one single-family detached dwelling to two (2) or more dwelling units. CUL-DE-SAC - A dead-end street equipped with a circular vehicle turnaround at its terminus. DAY-CARE - The offering of care or supervision over minors or special needs adults in lieu of care or supervision by family members. This definition does not include the offering of overnight accommodations. Day-Care, Accessory: A day-care facility that is operated as an accessory use to a dwelling unit, whereby care and supervision is offered to no more than three (3) Article 1 Background Provisions -11- Silver Spring Township Zoning Ordinance Y nonresidents of the site during any calendar day. These facilities are permitted by right in every zone. Day-Care, Family: A day-care facility that is operated as an accessory use to a dwelling unit, in which the care and supervision is offered to between four (4) and six (6) nonresidents of the site during any calendar day. Family day-care facilities must be registered by the Department of Public Welfare of the Commonwealth of Pennsylvania. Day-Care, Commercial: A day-care facility that offers care and supervision to more than six (6) nonresidents of the site during any calendar day. Commercial day-care facilities can be operated as principal uses or as accessory uses associated with other uses (e.g., schools, churches, industries, residential complex, etc.); however, in no - case shall a commercial day-care be considered an accessory use to one dwelling unit. Commercial day-care facilities shall include "group child day-care homes" and "child day-care centers," as defined and regulated by the Department of Public Welfare of the Commonwealth of Pennsylvania. All commercial day-care centers must obtain a valid certificate of compliance from the Department of Public Welfare of the Commonwealth of Pennsylvania, prior to operation. DENSITY, NET - The number of dwelling units permitted in relation to the land area actually in use or proposed to be used for residential purposes, exclusive of public and/or' private streets. DESIGNATED CONTROL POINTS - Locations approved for street and/or access drive connections with the Carlisle Pike. DEVELOPMENT - Any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavating, or drilling operations. DEVELOPMENTAL DISABILITY- A disability of a person which has continued or can be expected to continue indefinitely; a disability which is: Attributable to mental retardation, cerebral palsy, epilepsy, autism, injury and/or trauma. 2. Found to be attributable to any other conditions found to be closely related to mental retardation because such condition results in similar impairment of general intellectual functioning or adaptive behavior to that of mentally retarded persons or requires treatment and services similar to those required for such persons. 3. Attributable to dyslexia resulting from a disability described in Subsections (1) and (2) of this definition. DEVELOPMENTALLY DISABLED PERSON - A person with a developmental disability. Silver Spring Township Zoning Ordinance -12- Article 1 Background Provisions I 1 1 foundation shall be constructed to provide sufficient structural integrity to prevent the building from heaving, shifting, or settling unevenly, due to frost action. In addition, all dwellings shall be properly connected to DISTRIBUTION - A process whereby materials, goods, or products are imported, stored by one person, and then delivered to another. DOMESTIC PETS - The noncommercial keeping of no more than four (4) adult nonfarm animals that are locally available for purchase as pets, as an accessory use to a dwelling unit. DRIVEWAY - An improved cartway designed and constructed to provide vehicular movement between a public road and a tract of land serving one single-family dwelling unit or a farm. DWELLING - Any building or portion thereof designed and used exclusively for residential occupancy, including those listed below, but not including hospitals, hotels, boarding, rooming and lodging houses, institutional houses, tourists courts, and the like, offering overnight accommodations for guests or patients. All dwellings must be permanently affixed to a completely enclosed foundation constructed of currently accepted materials that shall be an entire perimeter wall and extend from below the frost line to the first floor of the building. Such approved and permanently-designed sewer, water, electrical and other utility systems. 1. Single-Family Detached (SFD): A freestanding building 1 1 1 2. containing one dwelling unit for one family, and having two (2) side yards, one (1) front yard, and one (1) rear yard; in the case of a corner lot, the building will have two (2) front and one (1) side and rear yards. Mobile homes can be considered single-family detached dwellings if, in addition to the requirements listed for all dwellings, they comply with paragraph 6), as follows. Travel trailers, as defined herein, shall not be construed as dwellings. Modular homes can be considered single-family detached dwellings so long as they comply with the general requirements of a dwelling. (Figure 1) Duplex (Two-family; single-family semi-detached): A freestanding building containing two dwelling units for two families, arranged in a side-by-side or over-and-under configuration. Those units placed on common grounds shall have one front and rear yard and two side yards. Those units constructed on individual lots shall have one front, side and rear yard. (Figures 2 and 3) Article 1 Background Provisions Rpm , Rqp t ftm9 -13- Sit- ,,,,....y .....................y _.I! M 4 3. Multiple Family: A building containing three or more dwelling units, at least one of which must be located above or below the remaining units. (Figure 4) 4. Townhouse: A building containing between three and eight dwelling units arranged in a side-by-side configuration with two or more common party walls. (Figure 5) 5. Quadraplex: One detached building that contains four separate dwelling units, all of which share one or two points of exterior access. Within the Village Overlay Zone, all quadraplexes must be designed to resemble one single-family detached dwelling. 6. Mobile Home: For the purposes of this Ordinance, all mobile homes, except those contained within mobile home parks, shall be governed by all regulations applicable to single-family detached dwellings, and the following: A. All apparatuses used to tow or transport the mobile home (including, but not limited to, the towing hitch) shall be removed; and, B. All mobile homes and additions thereto shall be anchored to resist flotation, collapse, or lateral movement by providing over-the-top or frame ties to ground anchors in accordance with the American National Standards, as specified in the Standard for the Installation of Mobile Homes Including Mobile Home Park Requirements (NFPA No. 501A-1974 [ANSI A119.3-1975]), as amended for Mobile Homes in Hurricane Zones or other appropriate standards, such as the following: a. Over-the-top ties shall be provided at each of the four (4) corners of the mobile home, with two (2) additional ties per side at intermediate locations for units fifty (50) feet or more in length, and one (1) additional tie per side for units less than fifty (50) feet in length; b. Frame ties shall be provided at each corner of the mobile home, with five (5) additional ties per side at intermediate locations for units fifty (50) feet or more in length, and four (4) additional ties per side for units less than fifty (50) feet in length; and, c. All components of the anchoring system shall be capable of carrying a force of four thousand, eight hundred (4,800) pounds. DWELLING UNIT - A building or portion thereof arranged or designed for occupancy by not more than one family and having separate cooking and sanitary facilities. EARTHMOVING ACTIVITY - Any construction or other activity which disturbs the surface of the land including, but not limited to, excavations, embankments, land development, subdivision development, mineral extraction and the moving, depositing or storing of soil, rock or earth, excluding the tilling of the soil. Silver Spring Township Zoning Ordinance -14- Article 1 Background Provisions I ECHO HOUSING - An additional dwelling unit placed on a property for occupancy by either an elderly, handicapped, or disabled person related by blood, marriage, or adoption, to the occupants of the principal dwelling. FAMILY - An individual or individuals related by blood, marriage, or adoption (including persons receiving foster care) that maintain one common household and live within one dwelling unit. Additionally, up to three (3) unrelated individuals who maintain a common household and live within one dwelling unit may be considered a family. Finally, a family shall also expressly include any number of unrelated persons who reside within a licensed group home, as defined herein. FARM - Any parcel of land with ten (10) or more acres which is used in the raising of agricultural products, including, but not limited to, trees, livestock, poultry or dairy products, including necessary farm structures and the storage of equipment customarily incidental to the primary use. FARM OCCUPATION - An accessory use to the primary agricultural use of a property in which residents engage in a secondary occupation conducted on the active farm. FARM-RELATED BUSINESS - A principal use that may, or may not, be located upon a farm, at which goods and services are rendered in support of local farming operations. FARMERS AND/OR FLEA MARKET - A retail sales use where more than one vendor displays and sells general merchandise that is new or used. Farmers and/or flea markets can include indoor and outdoor display or merchandise. FEEDER ROAD - A roadway that directly connects to the Carlisle Pike. FENCE - A structure designed as a barrier to restrict the movement or view of persons, animals, property, and/or vehicles. This definition shall not include ornamental fence ' treatments that are located in the front yard and extend less than one-half the width and/or depth of the front yard. FILL - Material placed or deposited so as to form an embankment or raise the surface elevation of the land, including but not limited to levees, bulkheads, dikes, ,lefties, embankments, and causeways. FINANCIAL INSTITUTION- A bank, savings and loan association, credit union, finance or loan company, etc. FLOOD - A general and temporary condition of partial or complete inundation of normally dry land areas from the overland flow of watercourses, or from the unusual and rapid accumulation or runoff of surface waters from any source. FLOODPLAIN - An area of land adjacent to the channel of a watercourse which has been or is likely to be flooded, or any area subject to the unusual and rapid accumulation or runoff of surface waters from any source. Article 1 Background Provisions -15- Silver Spring Township Zoning Ordinance FLOODPROOF - Any combination of structural and non-structural additions, changes or adjustments to structures which reduce or eliminate flood damage to property, structures and their contents. FLOODWAY - The channel of a watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the base flood elevation more than one (1) foot. FLOOD ELEVATION - The projected heights, in relation to the National Geodetic Vertical Datum of 1929 (NGVD), reached by floods of various magnitudes and frequencies in the floodplain areas. FLOOR AREA, GROSS - The sum of the floor areas of a building as measured to the outside surfaces of exterior walls and including all areas intended and designed for the conduct of a business or use. FLOOR AREA, GROSS LEASABLE - The total floor area designed for occupancy by an owner or tenant, as measured to the center of interior joint walls and the exterior of outside walls. -- FLOOR AREA, HABITABLE - The sum of the floor areas of a dwelling unit as measured to the outside surfaces of exterior walls and including all rooms used for habitation, such as living room, dining room, kitchen, bedroom, bathroom, closets, hallways, stairways, but not including cellars or attics, or service rooms or areas such as utility rooms, nor unheated areas such as enclosed porches. FRONT BUILD-TO-LINE - An area establishing the required location for all, or a portion of a building's front facade, as measured from the street line. FRONTAGE - The linear measurement taken along a property's common boundary with an adjoining street right-of-way, other than that of a limited access highway. FUNERAL HOME - A principal use for the preparation and viewing of the dead prior to burial or cremation. Funeral homes shall not include cemeteries, columbariums, mausoleums, nor entombments, but do include mortuaries and crematorium. GARAGE, PRIVATE - An accessory building for the storage of one or more automobiles and/or other vehicles accessory and incidental to the primary use of the premises; provided however, that one (1) commercial vehicle of not more than one (1) ton capacity may be -' stored therein where the use of such vehicles is not incidental to the use of the premises. No business, occupation or service shall be conducted therein, nor shall space therein for more than one vehicle be leased to a non-occupant of the premises. Where a garage is an attached integral part of a dwelling unit, the garage shall not be counted as floor area unless it is constructed or modified into a habitable room by the removal of all vehicular access doors and provided adequate off-street parking is still available on the same lot as the dwelling unit. GOLF COURSE - A golf course with a minimum of 2,800 yards of play in nine (9) holes. Silver Spring Township Zoning Ordinance -16- Article 1 Background Provisions 1 1 1 r GROUP HOME - A dwelling operated by a reasonably responsible individual, family, or organization with a program to provide a supportive living arrangement for individuals where special care is needed by the individual served due to age, emotional, mental, or physical handicap. This definition shall expressly include facilities for the supervised care of developmentally disabled persons and those under treatment for alcohol and/or drug abuse. Group homes must be licensed where required by any appropriate government agencies, and a copy of any such licenses must be delivered to the Township prior to beginning the use. Group homes shall be subject to the same limitations and regulation by the Township as single-family dwellings. HAZARDOUS MATERIAL - Materials which have the potential to damage health, endanger human life or impair safety. HAZARDOUS WASTE - Any garbage, refuse, sludge from an industrial or other waste- water treatment plant, sludge from a water supply treatment plant, or air pollution facility and other discarded material including solid, liquid, semi-solid, or contained gaseous material resulting from municipal, commercial, industrial, institutional, mining, or agricultural operations, and from community activities, or any combination of the above, which because of its quantity, concentration, or physical, chemical, or infectious charac- teristics may: 1. Cause or significantly contribute to an increase in mortality or an increase in morbidity in either an individual or the total population; or 1 1 1 11 2. Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, exposed of, or otherwise managed. HAZARDOUS WASTE FACILITY - Any structure, group of structures, aboveground or underground storage tanks, or any other area or buildings used for the purpose of permanently housing or temporarily holding hazardous waste for the storage or treatment for any time span other than the normal transportation time through the Township. HEALTH AND FITNESS CLUB - A commercial business that offers active recreational and/or fitness activities. Such activities are provided only to club members and their guests. Such facilities do not include golf courses. HEAVY EQUIPMENT- Machinery, vehicles and other devices that are not normally used for domestic purposes upon a residential dwelling lot. Examples include, but are not limited to, farm machinery, excavation equipment, commercial trucks and trailers, Class II Recreation Vehicles (as defined herein), yachts, industrial machinery, etc. HEIGHT, BUILDING - A building's vertical measurement from the average ground level at the corners of the building to the highest point of the roof. HEIGHT, STRUCTURE - A structure's vertical measurement from the mean level of the ground abutting the structure to the highest point of the structure. Article 1 Background Provisions -17- Silver Spring Township Zoning Ordinance HELICOPTER PAD (PRIVATE) - An accessory use where no more than one helicopter may land/take-off and be stored. HELIPORT - A principal use where one or more helicopters may land/take-off and be stored. Such use may also include support services such as fueling and maintenance equipment, passenger terminals and storage hangars. HISTORIC APARTMENT CONVERSION - The conversion of an historic structure into two or more dwelling units. HISTORIC OFFICE CONVERSION- The conversion of an historic structure into one or more offices. HISTORIC RESTAURANT CONVERSION - The conversion of an historic structure into a restaurant. HISTORIC STRUCTURE - A structure that is on the National Register of Historic Places, or recognized by the Pennsylvania Historical Museum Commission, the Cumberland County Historical Society, or any Township appointed body created for such purposes, as being historically significant. HOME OCCUPATION - A business or commercial activity that is conducted as an accessory use in a detached dwelling unit, except a business or commercial activity that is a no-impact home based business as defined in this Zoning Ordinance; HOSPITAL - An institution, licensed in the Commonwealth of Pennsylvania as a hospital, which renders inpatient and outpatient medical care on a twenty-four (24) hours per day basis; and provides primary health services and medical/surgical care to persons suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions. A hospital use can also include attached and detached accessory uses provided that all accessory uses are contained upon the hospital property. HOTEL - A facility which provides lodging to boarders for compensation, which contains more than eight (8) rooms with less than twenty-five percent (25%) of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building, and which may provide meals and other services as a part of the compensation. IMPERVIOUS SURFACE - Any material that covers the land which inhibits the percolation of storm water directly into the soil, including but not limited to buildings, pavement, stone areas, and storm water facilities that discharge storm water off the site. IMPORTANT NATURAL HABITAT - Any land area characterized by any or all of the following: 1. Wetlands as defined by criteria of the U.S. Department of Interior, Fish and Wildlife Service; Silver Spring Township Zoning Ordinance -18- Article 1 Background Provisions 1 2. Pennsylvania Natural Diversity Inventory (PNDI) confirmed extant plant and animal species and communities that are listed as Pennsylvania Threatened or Pennsylvania Endangered; and, 3. PNDI confirmed extant plant and animal species and communities that have a State Rank of S 1 or S2. 1 1 1 1 n L t 1 JOINT-USE DRIVEWAY - A common driveway that serves two to four adjoining dwellings within the Village Overlay Zone. Additionally, joint-use driveways can serve up to four adjoining residential lots. JUNK - Used and/or discarded materials, including, but not limited to, waste paper, rags, metal, building materials, house furnishings, machinery, vehicles, or parts thereof. JUNKYARD - An area of land, with or without buildings, used for the storage, outside a completely enclosed building, of used and discarded materials, including but not limited to, waste paper, rags, metal, building materials, house furnishings, machinery, vehicles, or parts thereof, with or without the dismantling, processing, salvage, sale, or other use or disposition of the same. The deposit or storage on a lot of one or more unlicensed, wrecked, or disabled vehicles, or the major part thereof, shall be deemed to constitute a "junkyard." (A disabled vehicle is a vehicle intended to be self-propelled that shall not be operable under its own power for any reason, or a vehicle that does not have a valid current registration plate or that has a certificate of inspection which is more than sixty (60) days beyond the expiration date.) KENNEL - Any lot on which two or more animals that are older than six months (except relating to a farm) that are kept, boarded, raised, bred, treated, or trained for a fee, including but not limited to dog or cat kennels. LANDOWNER - The legal or beneficial owner or owners of land including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land, shall be deemed to be a landowner for the purposes of this Ordinance. LOADING SPACE - An off-street paved space suitable for the loading or unloading of goods and having direct usable access to a street or alley. LOT - Any parcel or tract of land intended as a single unit for purposes of ownership, transfer of ownership, use, rent, improvement or development. The word "lot" includes the word "plot", "parcel", or "tract". Contiguous nonconforming lots of record under single and separate ownership shall be considered one lot for the purposes of this Ordinance. A lot as herein defined may or may not coincide with a lot of record. Article 1 Background Provisions -19- Silver Spring Township Zoning Ordinance I LOT TYPES DIAGRAM CORNER t INTERIOR j CORNER = n LOT LOT i t r------------------I = i LOT 7 0 4 Z FLAG M a m ----------------i LOT c ----------- ------ z - CORNER r---------------- p ;CORNER r O Z v ' LOT INTERIOR ? LOT ! p i I LOT I I LOTS Lot, Corner: A lot which has an interior angle of less than one hundred thirty-five degrees (135°) at the intersection of two (2) street lines. A lot abutting upon a curved street shall be considered a corner lot if the tangents to the curve at the points of intersection of the side lot lines with the street line intersect at an interior angle of less than one hundred thirty-five degrees (135°). Corner lots shall have two front yards, one side, and one rear yard. Lot, Flat?: A lot whose frontage does not satisfy the minimum width requirements for the respective zone but that does have sufficient lot width away from the lot's frontage. Lot, Interior: A lot other than a corner lot, the sides of which do not abut a street. Lot, Through or Reverse Frontage: An interior lot having frontage on two parallel or approximately parallel streets. LOT AREA - The area contained within the property lines of individual parcels of land, excluding any area within a street right-of-way, but including the area of any easement. LOT COVERAGE - A percentage of the lot area which may be covered with an impervious surface (e.g., buildings, driveways, parking area, sidewalks). LOT DEPTH - The horizontal distance measured between the street right-of-way line and the closest rear property line. On corner and reverse frontage lots, the depth shall be measured from the street right-of-way line of the street of address to the directly opposite property line. Silver Spring Township Zoning Ordinance -20- Article 1 Background Provisions I LOT OF RECORD - A lot identified on a subdivision plan or on a deed or other instrument of conveyance recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania. 1 1 LOT WIDTH - The horizontal distance measured between side property lines. On corner lots, lot width shall be measured between the right-of-way line for the non-address street and the directly opposite property line. Unless otherwise noted, lot width shall be measured at the building setback line and the street frontage. MANUFACTURE - A function involving either the processing or production of materials, goods, or products. MANURE - The fecal and urinary excrement of livestock and poultry, often containing some spilled feed, bedding or litter. 1 1 11 1 1 1 MANURE STORAGE FACILITY - A detached structure or other improvement built to store manure for future use, or disposal. Types of storage facilities are as follows: underground storage, in ground storage, earthen bank, stacking area, and above-ground storage. MAXIMUM FLOOD ELEVATION - The water surface elevations of a flood which would completely fill the floodplain to the boundaries of the Floodplain Zone. MEAN SEA LEVEL - The average height of the sea for all stages of the tide, using the National Geodetic Vertical Datum of 1929. MEDICAL OR DENTAL CLINIC - Any building or group of buildings occupied by licensed medical practitioners and related services for the purpose of providing health services to people on an outpatient basis. MEDICAL RESIDENTIAL CAMPUS - A principal use whereby a comprehensive medical and residential environment primarily serves retirement-aged persons and/or those possessing some ailment or disability. Medical residential campuses also offer a variety of residential dwelling types determined by the occupants' respective needs for some level of nursing and/or medical care. MINI-WAREHOUSE - A building and/or series of buildings divided into separate storage units for personal property and/or property associated with some business or other organization. These units shall be used solely for dead storage and no processing, manufacturing, sales, research and development testing, service and repair, or other non- storage activities shall be permitted. MOBILE HOME - Any structure intended for or capable of permanent human habitation, with or without wheels, and capable of being transported or towed from one place to the next, in one or more pieces, by whatsoever name or title it is colloquially or commercially known, but excluding transport trucks or vans equipped with sleeping space for a driver or drivers, and travel trailers. Mobile homes placed in parks shall meet the requirements for Mobile Home Parks listed in the latest version of the Silver Spring Township Mobile Home Article 1 Background Provisions -21- Silver Spring Township Zoning Ordinance I and Mobile Home Park Ordinance. Mobile homes placed on individual lots shall be considered "dwellings," and be bound by the requirements there-imposed. For the purposes of Section 231 (Floodplain Zone) of this Ordinance, any travel trailer, as defined herein, that is contained on the same parcel for more than one hundred eighty (180) days in any calendar year shall be considered a mobile home. 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 have been so designated and improved to contain two or more mobile home lots for the placement thereon of mobile homes. MOTEL - A facility which provides lodging to boarders for compensation, which contains more than eight (8) rooms with at least twenty-five percent (25%) of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building, and which may provide meals and other services as a part of the compensation. NEW CONSTRUCTION - Structures for which the start of construction commenced on or after the effective date of this section. NIGHTCLUB - Any building used for on-site consumption of alcoholic or nonalcoholic beverages where live entertainment is offered. For the purposes of this definition, "live entertainment" is meant to include the use of disc jockeys for the purposes of supplying musical entertainment. Nightclubs may also provide for on-site consumption of food. Additionally, nightclubs can offer the retail sale of carry out beer and wine as an accessory use. This is also meant to include an "under 21" club which features entertainment. NO-IMPACT HOME BASED BUSINESS - A business or commercial activity 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 of 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. Silver Spring Township Zoning Ordinance -22- Article 1 Background Provisions 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. NONCOMMERCIAL KEEPING OF LIVESTOCK- An accessory use to a principal detached single-family dwelling that is not contained upon a farm, whereupon livestock are kept exclusively by the residents of the site. NONCONFORMING LOT - A lot the area or dimension of which was lawful prior to the adoption or amendment of a zoning ordinance, but which fails to conform to the requirements of the Zone in which it is located by reasons of such adoption or amendment. NONCONFORMING STRUCTURE - A structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions in the Zoning Ordinance or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs. NONCONFORMING USE - A use, whether of land or of structure, which does not comply with the applicable use provisions in the Zoning Ordinance or amendment heretofore or hereafter enacted where such use was lawfully in existence prior to the enactment of such ordinance, or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation. 1 1 1 NONCONFORMITY, DIMENSIONAL - Any aspect of a land use that does not comply with any size, height, bulk, setback, distance, landscaping, coverage, screening, or any other design or performance standard specified by this Ordinance, where such dimensional nonconformity lawfully existed prior to the adoption of this Ordinance or amendment thereto. NURSING, REST OR RETIREMENT HOMES - Facilities designed for the housing, boarding, and dining associated with some level of nursing care. OBSTRUCTION - Any wall, dam, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel, rectification, culvert, building, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or flood- prone area, (1) which may impede, retard, or change the direction of the flow of water either in itself or by catching or collecting debris carried by such water, or (2) which is placed Article 1 Background Provisions -23- Silver Spring Township Zoning Ordinance where the flow of the water might carry the same downstream to the damage of life and property. OFFICE - A place where the primary use is conducting the affairs of a business, profession, service, or government, including administration, record keeping, clerical work, and similar business functions. An office shall not involve manufacturing, fabrication, production, processing, assembling, cleaning, testing, repair, or storage of materials, goods or products; or the sale or delivery of any materials, goods, or products which are physically located on the premises. Office supplies used in the office may be stored as an incidental use. OFF-TRACK BETTING PARLOR - A commercial use at which persons can visit to wager upon, and observe by remote television, the outcomes of events that are taking place elsewhere. ON-LOT SEWER SERVICE - The disposal of sewage generated by one principal use with the use of safe and healthful means within the confines of the lot on which the use is located, as approved by the Pennsylvania Department of Environmental Protection. ON-LOT WATER SERVICE - The provision of a safe, adequate and healthful supply of water to a single principal use from a private well. ONE HUNDRED (100) YEAR FLOOD - A flood which is likely to be equaled or exceeded once every one hundred (100) years [i.e., that has a one percent (1%) chance of being equalled or exceeded in any given year]. A study by the Federal Insurance Administration, the United States Army Corps of Engineers, the United States Department of Agriculture's Soil Conservation Service, the United States Geological Survey, the Susquehanna River Basin Commission, or a licensed professional registered by the Commonwealth of Pennsylvania to perform such a study is necessary to define this flood. ONE HUNDRED (100) YEAR FLOOD BOUNDARY - The outer boundary of an area of land that is likely to be flooded once every 100 years [i.e., that has a one percent (1%) chance of being flooded each year]. A study by the Federal Insurance Administration, the United States Army Corps of Engineers, the United States Department of Agriculture's Soil Conservation Service, the United States Geological Survey, the Susquehanna River Basin Commission, or a licensed surveyor or professional engineer, registered by the Commonwealth of Pennsylvania is necessary to define this boundary. ONE HUNDRED (100) YEAR FLOOD ELEVATION - The water surface elevations of the one hundred (100) year flood. OPEN SPACE - A space unoccupied by buildings or paved surface and open to the sky on the same lot with the building. PA DEP - Pennsylvania Department of Environmental Protection. PARKING COMPOUND - A primary retail sales business where passenger vehicles may be stored for short-term, daily, or overnight off-street parking, and connected to a street by an access drive. Silver Spring Township Zoning Ordinance -24- Article 1 Background Provisions 1 PARKING LOT - An accessory use in which required, and possibly, additional parking spaces are provided subject to the requirements listed in Section 603 of the SLDO. PARKING SPACE - An off-street space available for the parking of one (1) motor vehicle and having usable access to a street or alley. PARKS. PUBLIC AND/OR NONPROFIT - Those facilities designed and used for recreation purposes by the general public that are (1) owned and operated by a government or governmental agency/authority, or (2) are operated on a nonprofit basis. This definition is meant to include the widest range of recreational activities, excluding adult entertainment uses, amusement arcades, off-track betting parlors and shooting ranges. PATIO - An open, unenclosed structure consisting only of a floor constructed at grade level. PennDOT - Pennsylvania Department of Transportation. PESTICIDE - Any substance or mixture of substances intended for use in preventing, destroying, repelling, sterilizing, or mitigating any insects, rodents, nematodes, predatory animals, fungi, weeds, or other forms of plant or animal life. PETROLEUM PRODUCT - Oil petroleum of any kind and in any form, including crude oil and derivatives of crude oil. It may be alone, as a sludge, as oil refuse, or mixed with other wastes. PLANNING COMMISSION - The Planning Commission of Silver Spring Township. PLANNED CENTER - A group of uses planned and designed as an integrated unit with controlled ingress and egress and shared off-street parking provided on the property as an integral part of the unit. Such centers also may include "planned center signs" as regulated herein. PORCH - A roofed, open or screened structure constructed above grade level and projecting from the front, side or rear wall of a building. PREMISES - The property upon which the activity is conducted as determined by physical r facts rather than property lines. It is the land occupied by the buildings or other physical uses that are necessary or customarily incident to the activity, including such open spaces as are arranged and designed to be used in connection with such buildings or uses. The following are not considered to be a part of the premises on which the activity is conducted, and any signs located on such land are to be considered off-premise advertising: 1 1. Any land which is not used as an integral part of the principal activity, including land which is separated from the activity by a roadway, highway, or other obstruction, and not used by the activity; and extensive undeveloped highway frontage contiguous to the land actually used by a commercial facility, even though it might be under the same ownership. Article 1 Background Provisions -25- Silver Spring Township Zoning Ordinance J 2. Any land which is used for, or devoted to, a separate purpose unrelated to the advertised activity. 3. Any land which is in closer proximity to the highway than to the principal activity, and developed or used only in the area of the sign site or between the sign site and the principal activity and whose purpose is for advertising purposes only. In no event shall a sign site be considered part of the premises on which the advertised activity is conducted if the site is located on a narrow strip of land which is non-buildable land, or is a common or private roadway, or is held by easement or other lesser interest than the premises where the activity is located. PRINCIPAL WASTE HANDLING FACILITY- A principal use whereby waste is brought to the site for storage, processing, treatment, transfer, or disposal. PRIVATE CLUB - An organization catering exclusively to members and their guests, or premises or buildings for social, recreational and administrative purposes which are not conducted for profit, provided there are not conducted any vending stands, merchandising or commercial activities except as required for the membership of such club. Clubs shall include but not be limited to, service and political organizations, labor unions, as well as social and athletic clubs. Private clubs shall not include adult-related facilities nor off-track betting parlors, as defined herein. PROCESSING - A function which involves only the cleaning, sorting, sizing and/or packaging of products and materials. PROFESSIONAL BIOLOGIST- An individual with at least a graduate degree in aquatic and/or terrestrial biology and/or ecology, and with a depth of knowledge in organisms and the processes of ecological systems. PUBLIC - Owned and/or operated by the Township, its authority, a Township-supported fire company, or a Township-supported ambulance association. PUBLIC HEARING - A formal meeting held pursuant to public notice by the governing body or planning agency, intended to inform and obtain public comment, prior to taking action on zoning-related matters. PUBLIC MEETING - A forum held pursuant to notice under the act of July 3, 1986 (P.L. 388, No. 84), known as the Sunshine Act, and subsequent amendments. PUBLIC NOTICE - Notice published once each week for two successive weeks in a newspaper of general circulation in the municipality. 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 notice for rezoning, special exception and/or variance requests shall also include the posting of a sign(s) at a conspicuous location(s) upon the subject property to notify potentially interested citizens; this sign(s) shall be posted at least one week prior to the hearing and will exhibit the nature, date, time and location of the hearing. Silver Spring Township Zoning Ordinance -26- Article 1 Background Provisions -,s f PUBLIC SEWER - A municipal sanitary sewer or a comparable common or package sanitary facility approved and permitted by the Pennsylvania Department of Environmental Protection. Such systems are capable of serving multiple users. PUBLIC UTILITIES - Use or extension thereof which is operated, owned or maintained by a public utility corporation, municipality or municipal authority or which is privately owned and approved by the Pennsylvania Public Utility Commission for the purpose of providing public sewage disposal and/or treatment; public water supply, storage and/or treatment; or for the purpose of providing the transmission of energy or telephone service. PUBLIC WATER - A municipal water suPP1Y system, or a comparable common water facility approved and permitted by the Pennsylvania Department of Environmental stems are capable of serving multiple users Such s Protection . y . RADIOACTIVE MATERIAL - Any natural or artificially produced substance which emits radiation spontaneously. RECREATIONAL VEHICLE - A portable structure, primarily designed to provide temporary living quarters for recreation, camping or travel purposes. In addition to the above, any of the following attributes are characteristic of a "travel trailer": 1. The unit is of such size or weight as not to require a special highway movement permit from the Pennsylvania Department of Transportation when self-propelled, or when hauled by a standard motor vehicle on a highway; 2. The unit is mounted or designed to be mounted on wheels; 3. The unit is designed to be loaded onto, or affixed to, the bed and/or chassis of a truck; 4. The unit contains, or was designed to contain, temporary storage of water and sewage; and, ' 5. The unit contains some identification by the manufacturer as a travel trailer. REGULATORY FLOOD ELEVATION - The one hundred (100) year flood elevation plus a freeboard safety factor of one (1) foot. RENTAL - A procedure by which services or personal property are temporarily transferred to another person for a specific time period for compensation. REPAIR - A function involved in correcting deficiencies of products that affect its performance and/or appearance. RESTAURANT - An establishment that serves prepared food primarily on non-disposable tableware, but can provide for incidental carry-out service so long as the area used for carry- out service does not exceed five percent (5%) of the total patron seating area nor eighty (80) square feet (whichever is less). Caterers shall be included in this definition. Article 1 Background Provisions -27- Silver Spring Township Zoning Ordinance I RESTAURANT - DRIVE-THRU OR FAST-FOOD - An establishment that serves prepared food generally packaged in paper wrappers and/or disposable plates and containers. Such food can be consumed either on or off the site. RETAIL - Those businesses whose primary activities involve the display and sales of goods and products to the general public. This term shall not include adult-related uses as defined herein. RIDING STABLE - A principal use whereby equestrian instruction is offered and horses are kept, bred, trained and/or exercised upon land not occupied by the owner of the horse(s). RIGHT-OF-WAY - A corridor of publicly owned or leased land for purposes of maintaining primary vehicular and pedestrian access to abutting properties, including but not limited to, roads, streets, highways and sidewalks. Abutting property owners are prohibited from encroaching across the right-of-way line. (See also "Street Line.") RURAL CLUSTERS - A development that blends residential uses amid areas with severe development constraints and/or natural sensitivity. Rural clusters are permitted by conditional use within the Rural Zone. SATELLITE DISH ANTENNA - A device incorporating a reflective surface which is solid, open mesh or bar-configured and is in the shape of a shallow dish, cone, horn, or cornucopia. Such device shall be used to transmit and/or receive radio or electro-magnetic waves between terrestrially and/or orbitally-based uses. This definition is meant to include but not be limited to what are commonly referred to as satellite earth stations, TVRO's, and satellite microwave antennas. SCHOOL - A principal use in which supervised education or instruction is offered according to the following categories: 1. Commercial School: A school that may offer a wide range of educational or instructional activities (excluding vocational-mechanical trade schools as defined below) that may, or may not, be operated as a gainful business by some person or organization other than the school district. 2. Private School: A school that offers elementary, secondary, post secondary and/or post graduate education that may, or may not, be operated as a gainful business. 3. Public School: A school licensed by the Department of Education for the purpose of providing elementary, secondary, and adult education, and operated by the School District. 4. Vocational-Mechanical Trade School: A school that may, or may not, be operated as a gainful business that principally offers training in any of the following occupations: A. Truck driving; B. Engineer repairs; Silver Spring Township Zoning Ordinance -28- Article 1 Background Provisions 1 1 t 1 1 1 u 1 C. Building construction and general contracting; D. Woodworking; E. Masonry; F. Plumbing; G. Electrical contracting; and, H. Other similar trades, as determined by the Zoning Hearing Board pursuant to Sections 107 and 604.5 of this Ordinance. SCREENING - An assemblage of materials that are arranged so as to block the ground level views between grade and a height of six (6) feet. Suitable screening materials include trees, shrubs, hedges, berms, walls, sight-tight fences and/or other similar type materials. No wall or fence shall be constructed of plywood, corrugated metal or fiberglass, nor sheet metal. Landscape screens must achieve the required visual blockage within two (2) years of installation. SEASONAL MERCHANDISE - Goods and products that are generally offered for retail sales to the public during specific periods of any calendar year. Examples include, but are not limited to, holiday decorations, nursery and garden stock, home and garden supplies and equipment, outdoor play and recreation equipment, etc. SEASONAL RESIDENCE - A dwelling, cabin, lodge or summer house which is intended for occupancy less than one hundred eighty two (182) days of the year. SETBACK - The required horizontal distance between a setback line and a property or street right-of-way line. Setback, Front: The distance between the street line and the front setback line projected the full width of the lot. Commonly, called "required front yard." Setback, Rear: The distance between the rear lot line and the rear setback line projected the full width of the lot. Commonly called "required rear yard." Setback, Side: The distance between the side lot line and the side setback line projected from the required front yard to the required rear yard. Commonly called "required side yard." r SETBACK LINE - A line within a property and parallel to a property or street line which delineates the required minimum distance between some particular use of property and that property or street line. SFD Single-family detached dwelling. 1 1 SHADE TREE - A deciduous tree that shall have a clear trunk at least five (5) feet above the finished grade. SHOOTING RANGE - A place where firearms and other projectile-type weapons (e.g., guns, rifles, shotguns, pistols, air guns, archery cross-bows, etc.) can be shot for recreation, competition, skill development and/or training. Nothing within this definition shall be Article 1 Background Provisions -29- Silver Spring Township Zoning Ordinance I construed to include hunting when conducted in accordance with the rules and regulations of the Commonwealth of Pennsylvania. SHOPPING CENTER - A group of stores planned and designed for the site on which it is built, functioning as a unit, with shared off-street parking provided on the property as an integral part of the unit. SIGN - A device for visual communication that is used to bring the subject to the attention of the public, but not flags or other insignia of any government, fraternal, or similar organization. Flat Wall Sian: A sign that is displayed and/or mounted upon or generally parallel to the same plane as the face of a wall, such that no portion of the sign extends more than twelve (12) inches from said wall. Freestanding Sign: A sign erected upon a permanently-affixed, independent structure (legs or base). Permanent Sian: A sign that is expected to be continuously displayed during the presence of a principal land use. Temporary Sign: A sign that is only permitted for specified periods of time, associated with some temporary event or work, conducted on the site. Under Canopy Si : A sign that identifies one (1) leasable unit within a shopping center and is hung from an overhead canopy of the shopping center, or is provided as a wall projecting sign attached to the front wall of the unit where no canopy is provided. Wall Projecting Sign: A sign that is mounted to a building wall such that its principal display area is not parallel to the building wall. A wall projecting sign can also be attached to a marquee. SINGLE AND SEPARATE OWNERSHIP - The ownership of a lot by one or more persons, which ownership is separate and distinct from that of any abutting or adjoining lot. Ownership shall be considered separate and distinct where lots have been separately described as such, by metes and bounds, in a recorded deed or conveyance prior to the enactment of this Ordinance, or an amendment thereto, and have continued since that date to be so separately described in all subsequent recorded deeds of conveyance. SITE - For the purpose of establishing setbacks on a tract where a principal use exists, the structure(s) will be considered the site. SLDO - The latest version of the Township's Subdivision and Land Development Ordinance, as may be amended. SOIL SURVEY - The latest published version of the United States Department of Agriculture's Soil Survey for Cumberland and Perry Counties, Pennsylvania. Silver Spring Township Zoning Ordinance -30- Article 1 Background Provisions SPECIAL EXCEPTION - A use that is generally compatible with a particular zone once specified criteria have been met. Special exception uses are listed by zone and approved by the Zoning Hearing Board in accordance with Section 604.3 of this Ordinance. 1 I 1 1 1 t 1 1 1 r 1 I SPECIFIED ANATOMICAL AREAS - Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, female breasts below a point immediately above the top of areolae, and/or human male genitals in a discernible turgid state, even if completely and opaquely covered. SPECIFIED SEXUAL ACTIVITIES - For the purposes of this Ordinance, this term shall include any of the following: 1. Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following depicted sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or 2. Clearly depicted human genitals in a state of sexual stimulation, arousal or tumes- cence; or 3. Use of human or animal masturbation, sodomy, oral copulation, coitus, ejaculation; or 4. Fondling or touching of nude human genitals, pubic region, buttocks or female breast; or 5. Masochism, erotic or sexually oriented torture, beating, or the infliction of pain; or 6. Erotic or lewd touching, fondling or other contact with an animal by a human being; or 7. Human excretion, urination, menstruation, vaginal or anal irrigation. STORAGE - A function involving the deposition of materials, goods and/or products for safekeeping. STOREFRONT - The wall of a unit of occupancy which faces the front yard within a planned center, as defined herein. STORY - That part of a building located between a floor and the floor or roof next above. The first story of a building is the lowest story, having seventy-five percent (75%) or more of its wall area above grade level. A half-story is a story under a gable, hip or gambrel roof, the wall plate of which on at least two (2) opposite exterior walls is not more than two (2) feet above such story. STREET - Includes street, avenue, boulevard, road, highway, freeway, lane, viaduct and any other dedicated and adopted public right-of-way, or private right-of-way, used or intended to be used by vehicular traffic and/or pedestrians. Article 1 Background Provisions -31- Silver Spring Township Zoning Ordinance I STREET CENTERLINE - The horizontal line paralleling the street that bisects the street right-of-way into two equal widths. In those instances where the street right-of-way cannot be determined, the street centerline shall correspond to the center of the cartway. STREET LINE (Right-of-Way Line) - A line defining the edge of a street right-of-way and separating the street from abutting property or lots. The street line shall be the same as the legal right-of-way line currently in existence. STRUCTURE - Any assembly of materials constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground, any portion of which is above the natural surface grade, including but not limited to buildings, sheds, cabins, mobile homes and trailers, dams, culverts, roads, railroads, bridges, storage tanks, and signs. Structure, Accessory: A structure associated with an accessory use, (e.g., swimming pools, patios, unenclosed decks, antennas, tennis courts, garages, utility shed, etc). Structure, Principal: A structure associated with a primary use. Structures shall not include such things as sandboxes, decorative fountains, swing sets, birdhouses, birdfeeders, mailboxes, and any other similar non-permanent improvements. SUBSTANTIAL IMPROVEMENT - Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the fair market value of the structure either (a) before the improvement or repair is started or (b) if the structure has been damaged, and is being restored, before the damage occurred. For the purpose of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the structure commences, whether or not that alteration affects the external dimensions of the structure. SWIMMING POOL - Any pool, not located within a completely enclosed building, and containing, or normally capable of containing, water to a depth at any point greater than one and one-half (1 %i) feet. Farm ponds and/or lakes are not included, provided that swimming was not the primary purpose for their construction. TAVERN - An establishment which serves primarily alcoholic beverages for mostly on- premises consumption and which is licensed by the Pennsylvania Liquor Control Board. Taverns may also serve food, but no live entertainment shall be permitted. Also includes brew pubs. TESTING - A function involving the examination and assessment of qualities, performances and/or capabilities of a product, good or material. TOWNSHIP - Silver Spring Township. TRUCK STOP - A planned center in which three (3) or more different truck and transport- related uses are provided on a common site. Silver Spring Township Zoning Ordinance -32- Article 1 Background Provisions 1 TWO-FAMILY CONVERSION - The conversion of an existing single-family detached dwelling unit to contain two separate dwelling units. USE - The specific purpose for which land or a structure is designed, arranged, intended, occupied or maintained. Use, Accessory: A use customarily incidental and subordinate to the principal use or building and located on the same lot with this principal use or building. Use, Principal: The main or primary use of property or structures. USE AND OCCUPANCY PERMIT - A permit issued by the Zoning Officer certifying a use's compliance with information reflected on the zoning permit and the Zoning Ordinance. VARIANCE - A modification of any provision of this Ordinance granted by the Zoning Hearing Board subject to findings specified by the Act. VEHICULAR CONTROL POINTS - Preapproved locations for vehicular access to properties fronting along the (1) Carlisle Pike and (2) New Willow Mill Road within the (INT) Zone. VETERINARIAN1S OFFICE - A building used primarily for the treatment, by a veterina- rian, of small domestic animals such as dogs, cats, rabbits and birds or fowl. No outdoor boarding of animals is permitted. WASTE - Garbage, refuse and other discarded materials including, but not limited to, solid, semi-solid, contained gaseous and liquid materials resulting from municipal, industrial, institutional, commercial, agricultural, residential, and other activities. Such wastes shall also include biological excrement and hazardous waste materials, as defined in the Code of Federal Regulations, Title 40, Chapter 1, Part 261, dated July 1, 1984, or as amended. Waste shall expressly include those materials defined, at any given time, as "waste" by the Pennsylvania Department of Environmental Protection and the United States Environmental Protection Agency. For the purposes of this Ordinance, the difference between "waste" and "junk" or "recyclables" is that waste shall include materials that have entered a reasonably continuous process by which their ultimate disposal is imminent; whereas, junk includes materials that may be stored for longer periods of time awaiting potential reuse or ultimate disposal; and whereas, recyclables include materials that have entered a reasonably continuous process whereby their reuse is imminent . WATERCOURSE - A permanent or intermittent stream, river, brook, run, creek, channel, swale, pond, lake or other body of surface water carrying or holding surface water, whether natural or artificial. i i l hi h d i f ar watercourse. water ra ns nto a part cu rom w c WATERSHED - All the land WECS UNIT (Wind Energy Conservation Systeml - Any device which converts wind energy to mechanical or electrical energy and shall include blades, hubs to which blades are attached, and any device, such as a tower, used to support the hub and/or rotary blades, etc. Article 1 Background Provisions -33- Silver Spring Township Zoning Ordinance WETLAND - Area with the characteristics of wetland, as defined by the U. S. Environmental Protection Agency, U. S. Army Corps of Engineers, Pennsylvania Department of Environmental Protection, and the U. S. Soil Conservation Service. Wetland areas are not limited to the locations delineated on wetland maps prepared by the U. S. Fish and Wildlife Service. WHOLESALE - Any distribution procedure involving persons who, in the normal course of business, do not engage in sales to the general public. WINDOW - An opening to the outside other than a door which provides all or part of the required natural light, natural ventilation or both to an interior space. The glazed portion of a door in an exterior wall may be construed to be a window in regard to provision of natural light. YARD - An area between the permitted structures and the property lines. YARDS DIAGRAM ---------------- _------- ------ _-----_--- ; --_------ _----- _ FLAG LOT INTERIOR CORNER CORNERS THROUGH a REAR MRD m ; THROUGH o v LOT LOT LOT LOT i FRONT MRO ----------------?? i REAR MRD i SIDE YARD SIDE YARD REAR MRD IINTERJOR LOT 1 I f ' ,a ono ' " *1D a, i REAR `AND ?i = 0 v i 0 = z 0 i 0 0 i i0 pi ?? "'" ? •1 Ri" E; 1X ® `® X ® a i a ® s ;° 03110" v a ;a o= _ 11 FRONT MRD FRONT AND FRONT MRD FRONT WO FRONT MAD 11 Yard, Front: The area contained between the street right-of-way line and the principal structure. For flag lots, see Section 605.04.7.b)2) of the Subdivision and Land Development Ordinance. Yard, Reaz: The area contained between the rear property line and the principal structure. On corner and reverse frontage lots, the rear yard shall be considered that area between the principal structure and the property line directly opposite the street of address. For flag lots, see Section 605.04.7.b)2) of the Subdivision and Land Development Ordinance. Yard, Side: The area(s) between a principal structure and any side lot line(s). On corner lots, the side yard shall be considered those areas between the principal Silver Spring Township Zoning Ordinance -34- Article 1 Background Provisions 1 f 1 I 1 1 1 1 1 11 L-j 1 I 1 structure and the property lines directly opposite the non-address street(s). For flag lots, see Section 605.04.7.b)2) of the Subdivision and Land Development Ordinance. ZONING - The designation of specified districts within the Township, reserving them for certain uses together with limitations on lot size, heights of structures and other stipulated requirements. ZONING OFFICER - The duly constituted municipal official designated to administer and enforce this Ordinance in accordance with its literal terms. Article 1 Background Provisions -35- Silver Spring Township Zoning Ordinance SECTION 113. PUBLIC USES Public Uses as Permitted bight in All Zoning Districts A. The Board of Township Supervisors hereby recognize the need to use and develop lands within this Township to accommodate and implement governmental functions and responsibilities of this municipality. B. Notwithstanding anything to the contrary appearing elsewhere in this ordinance, land, buildings or premises in all zoning districts may be used by right for the performance of any public function without regard to specific limitations or regulations pertaining to the zoning district in which such use may be located. C. The public entity using the subject property shall provide and maintain a visual barrier or vegetative buffer between such municipal use and any contiguous residential zoning district, except where a natural or man-made barrier or buffer may already exist. The type and extent of barrier or buffer shall be determined by the Board of Township Supervisors after consultation with the Township Planning Commission. Silver Spring Township Zoning Ordinance -36- Article 1 Background Provisions ARTICLE 2 ZONE REGULATIONS I SECTION 200 CONSERVATION ZONE (C) 1 i] J ll 1 1 200.1. Purpose - This Zone seeks to protect large concentrations of environmentally-sensitive features that also have significant value for passive and active recreational pursuits. Specifically, forested areas, steep slopes, stream and creek valleys, wetlands and floodplains are included. Permitted uses within this Zone encourage the most appropriate conservation/recreation activities for these areas; however, some forms of development are allowed under prescribed criteria. The provisions of this Zone have been specifically formulated to satisfy Section 604.(1) of the Municipalities Planning Code, which requires local zoning ordinances to "promote, protect and facilitate the preservation of the natural, scenic and historic values in the environment and preservation of forests, wetlands, aquifers and floodplains." 200.2. Permitted Uses 1. Public and nonprofit parks and playgrounds; 2. Public and/or nonprofit activities related to the preservation and conservation of natural and/or historical resources; 3. Agricultural (excluding commercial livestock operations), subject to the requirements listed in Section 201 of this Ordinance; 4. Public utilities structures excluding communication antennas, towers, and equipment; 5. Single-family detached dwellings and seasonal residences; 6. Flag lot residences, subject to the standards of Section 605.04.7. of the Subdivision and Land Development Ordinance; 7. Forestry Activities; 8. Stables and kennels (see Section 340); 9. ECHO housing (see Section 331); 11. Two-family conversions (see Section 342); 12. Accessory apartments (see Section 320); and, 13. Accessory uses customarily incidental to the above permitted uses. 200.3. Special Exception Uses (Subject to the requirements listed in Section 604.3. of this Ordinance.) 1. Private clubhouses (see Section 431); 2. Campgrounds (see Section 406); 3. Home occupations (see Section 422); 4. Family day-care facilities (see Section 416); 5. Communication antennas, towers and equipment (see Section 412); 6. Commercial livestock operations (see Section 410); 7. Bed & Breakfast (see Section 404); and, 8. Amateur Radio Antennas (see Section 447). Article 2 Zone Regulations -37- Silver Spring Township Zoning Ordinance SECTION 201 AGRICULTURAL ZONE (A) 201.1. Purpose - The primary purpose of this Zone is to promote the continuation and preservation of agricultural activities in those areas most suitable for such activities. Areas contained within the Zone have been specifically identified as possessing valuable and nonrenewable natural and cultural resources. This Zone also intends to protect the Township's agricultural economy by eliminating uses that are incompatible with farming, but permitting limited agricultural support businesses. Consequently, residential uses are limited and any future inhabitants in this Zone must be willing to accept the impacts associated with normal farming practices, and related businesses. Finally, the provisions of this Zone have been specifically formulated to further the objectives of the Municipalities Planning Code which provides that local zoning ordinances shall be designed "to preserve prime agriculture and farm land considering topography, soil type and classification, and present use." 201.2. Permitted Uses 1. Agriculture, including one single-family detached dwelling contained on the site. 2. Commercial livestock operations, subject to the following: A. All buildings used for the housing of livestock shall consist of a solid concrete slab or slotted floor; B. Minimum Lot Area - Twenty (20) acres; C. Any area used for the housing, feeding and watering and/or outdoor running of livestock shall be set back five hundred (500) feet from any residential zone; D. The applicant shall furnish qualified evidence that the proposed use has an approved manure management plan that complies with the applicable PA DEP guidelines. All subsequent operations on the site shall be required to strictly adhere to this approved manure management plan; and, E. The applicant shall furnish evidence from the Cumberland County Conservation District that the proposed use has an approved Conservation Plan; and, 3. Single-family detached dwellings; 4. Public and nonprofit parks and playgrounds; 5. Public utilities structures, excluding communication antennas, towers, and equipment; 6. Flag lot residences, subject to the standards of Section 605.04.7. of the Subdivision and Land Development Ordinance; 7. Forestry Activities; 8. ECHO housing (see Section 331); 9. Stables and kennels (see Section 340); 10. Two-family conversions (see Section 342); 11. Accessory apartments (see Section 320); and, 12. Temporary farm employee housing (see Section 341); 13. Accessory uses customarily incidental to the above permitted uses, including, but not limited to, the following: -. Silver Spring Township Zoning Ordinance -40- Article 2 Zone Regulations A. Roadside stands, as an accessory use to the farm, for the sale of agricultural products, subject to the following: a. Any structure used to display such goods shall not exceed two thousand (2,000) square feet in size, and shall be located at least twenty-five (25) feet from any property line; b. At least half of the products displayed for sale must have been produced on the premises; c. Off-street parking shall be provided for all employees and customers; and, d. Only one (1) sign not to exceed six (6) square feet in total sign area shall be displayed in season when products are on sale. A freestanding sign shall not exceed a height of five (5) feet, or an attached sign shall not extend above the height of the building or structure to which it is attached. B. Family day-care facilities as defined herein; C. Manure storage facilities, as an accessory use to a farm, subject to the following regulations: a. All manure storage facilities shall be designed in compliance with the guidelines outlined in the publication Manure Management for Environmental Protection, Bureau of Water Quality Management Publication No. 43, and any revisions, supplements, and replacements thereof, published by the Pennsylvania Department of Environmental Protection, copies of which are available from the Water Quality Management in the Department of Environmental Protection Regional Offices located at 1 Ararat Boulevard, Harrisburg, PA 17110, telephone (717) 657-4585; b. All waste storage facilities' designs shall be reviewed by the Cumberland County Conservation District. The applicant shall furnish a letter from the Conservation District attesting to approval of the design of the proposed facility; and, c. Construction and subsequent operation of the waste storage facility shall be in accordance with the permit and the approved design. Any design changes during construction or subsequent operation will require the obtainment of another review by the Cumberland County Conservation District; and, D. Beekeeping, on any farm within the Township, subject to the following: a. The applicant shall obtain a zoning permit from the Zoning Officer; b. It shall be the duty of the applicant to maintain each colony so as not to create a public nuisance; c. Colonies shall be maintained in movable frame hives; d. All beehives shall be maintained in a healthy condition using locally- accepted beekeeping management procedures; e. All hives shall be at least fifty (50) feet from a public road, or shall have a minimum five (5) foot high fence or vegetative obstruction between the apiary and the road, or shall be elevated above the roadway so as to direct bee flight above traffic or pedestrians; f. There shall be a source of water within one-half (%Z) mile of the apiary; and, Article 2 Zone Regulations -41- Silver Spring Township Zoning Ordinance g. New apiaries often (10) hives or more shall not be established within fifty (50) yards of any adjoining property containing aresidence. 201.3. Special Exception Uses (Subject to the review procedures listed in Section 604.3. of this Ordinance.) 1. Farm occupations (see Section 417); 2. Home occupations (see Section 422); 3. Bed and breakfasts (see Section 404); 4. Public and private schools (see Section 432); 5. Communication towers, antennas and equipment (see Section 412); and, 6. Amateur Radio Antennas (see Section 447). 201.4. Conditional Uses (Subject to the review procedures listed in Section 704 of this Ordinance.) 1. Airports/heliports (see Section 403); and 2. Churches (see Section 407). 201.5. Maximum Number of Permitted Dwellings or Lots 1. For each tract of contiguous land in single and separate ownership (parent tract) as of the effective date of this Ordinance, there may be one (1) lot subdivided or one principal residence constructed for either a single-family detached nonfarm, or farm dwelling, according to the following schedule: Lot Area (Acres) Total Number of At Least Less Than Permitted Lots/Dwellings* 2 20 2 20 40 3 40 60 4 60 80 5 80 100 6 100 120 7 120 140 8 140 160 9 160 180 10 180 200 11 200 220 12 220 240 13 240 260 14 260 280 15 280 300 16 300 320 17 .® Silver Spring Township Zoning Ordinance -42- Article 2 Zone Regulations 1 Lot Area (Acres) Total Number of At Least Less Than Permitted Lots/Dwellings* 320 340 18 340 360 19 360 380 20 *For parcels containing one or more (1) principal dwelling on the effective date of this Ordinance, each such dwellings shall be counted as one (1) against those permitted in the above schedule. 2. The above-described schedule shall not apply to ECHO housing, two-family conversions, nor temporary farm employee housing, unless new lots are created for such units. 3. Lot add-ons involving agricultural land in which no new lots are created shall not be counted against the number of lots permitted to be created in the schedule of Section 201.5.1.; 4. Regardless of size, no tract of land subdivided from its parent tract shall qualify for additional single-family detached dwellings or lots pursuant to this section. Similarly, any subsequent owner of any portion of the parent tract legally existing on the effective date of this Ordinance shall be bound by the actions of previous owners in that such current owner may only subdivide for purposes of additional single-family dwellings the number of lots, if any, remaining from the original number permitted by this section. Any subdivision or land development plan here- after filed for a tract of land in the Agricultural Zone shall specify which lot or lots shall carry with them the right to erect or place thereon any unused quota of single- family detached dwellings as determined by the provisions of this section; and, 5. In the event a tract of land which was not classified as part of the Agricultural Zone on the effective date of this Ordinance is hereafter classified as part of the Agricultural Zone, the size and ownership of such tract shall be determined as of the effective date of the change in the zoning classification. 201.6. Desi n Standards 1. Agricultural uses: I A. Minimum lot size - Ten (10) acres; B. Minimum lot width - One hundred (100) feet at building setback line, and sixty (60) feet at the street frontage; C. Maximum lot coverage - Ten percent (10%); D. Maximum permitted height - Eighty-five (85) feet for uninhabitable accessory farm structures, and thirty-five (35) feet for other structures. Further provided that every structure is set back from each property line a distance at least equal to its height; E. Minimum setback requirements: a. Front yard - Fifty (50) feet; b. Side yards - Fifty (50) feet on each side; Article 2 Zone Regulations -43- Silver Spring Township Zoning Ordinance I c. Rear yard - Fifty (50) feet; d. Special setback requirements - Except as provided for in the following paragraph, no area for the storage or processing of manure, garbage, or spent mushroom compost, structures for the cultivation of mushrooms or the raising of commercial livestock, or any building housing commercial livestock, shall be permitted within three hundred (300) feet of any land within any residential zone. The Zoning Hearing Board may, as a special exception, however, reduce the above special setback requirements where it is shown that, because of prevailing winds, unusual obstructions, topography, or other conditions, a lesser distance would protect adjoining lands from odor, dust, or other hazards. In no case, however, shall the Zoning Hearing Board reduce the special setback to less than two hundred (200) feet. The burden shall be upon the applicant to prove that a lesser distance would not be detrimental to the health, safety, and general welfare of the community; and, e. These setbacks shall not apply to agricultural fences that are used to contain agricultural livestock. Such fences shall be set back a minimum of six (6) feet from any adjoining street right-of-way lines. 2. Single-family detached dwellings: A. The lot area shall be a minimum of one (1) acre per dwelling; B. A maximum lot area of two (2) acres per dwelling shall also apply, except that such requirement shall not apply if the applicant can demonstrate by credible evidence that the area proposed for the dwelling lot (1) does not predominately consist of Class I, II and/or III soils, as identified in the soil survey, or (2) is generally unsuitable for agricultural purposes; C. Where an applicant desires to subdivide an existing dwelling from the parent tract, the applicant may opt to impose the maximum lot area requirements of this section upon such existing dwelling, rather than on a proposed dwelling located on the remainder of the parent tract; D. The minimum lot area requirements imposed by this section assume compliance with all PA DEP regulations pertaining to sewage disposal. For those lots using on-site sewage disposal systems, Section 311 of this Ordinance shall apply; E. All single-family detached dwellings shall comply with the following design standards: Minimum Maximum Minimum Yard Setbacks Maximum Lot Width Lot Coverage Front One Side Both Sides Rear Permitted Heigh 100 ft. 20% 50 ft. 15 ft. 30 ft. 35 ft. 35 ft. F. In addition to the setbacks listed above, every single-family detached dwelling unit (not farm dwellings) proposed within the Agricultural Zone shall be set back according to the following chart. Required setback distances shall be measured as a straight line between the closest property line of the proposed dwelling and the specified use. -" Silver Spring Township Zoning Ordinance -44- Article 2 Zone Regulations 1 1 11 ?I Il r I Specified Use Required Minimum Setback Facilities or area for the storage or processing of manure, 200 feet garbage, or spent mushroom compost; structures for the cultivation of mushrooms, or the raising or housing of livestock Beehives 100 feet Farm-related businesses 200 feet 3. Other permitted, special exception, or conditional uses: A. Minimum lot size - One (1) acre, provided that public and/or nonprofit parks shall have no minimum lot area, nor lot width requirements; B. Minimum lot width - Two hundred (200) feet; C. Maximum lot coverage - Twenty percent (20%); D. Maximum permitted height - Thirty-five (35) feet; and, E. Minimum required setbacks - a. Front yard setback - Fifty (50) feet from the street right-of-way line; b. Side yard setbacks -Fifty (50) feet on each side (100 feet total); c. Rear yard setback - Fifty (50) feet; and, d. Maximum permitted height - Thirty-five (35) feet. 4. Residential accessory uses - Unless otherwise specified, the following requirements shall apply to accessory uses: A. Front yard setback - Three hundred feet (300')(except roadside stands and permitted signs); B. Side yard setbacks -Fifteen (15) feet on each side (30 feet total); C. Rear yard setback - Fifteen (15) feet; and, D. Maximum permitted height - Twenty-five (25) feet. Public Utilities Structure - Subject to Section 319 standards. 201.7. All uses permitted within this Zone shall also comply with the General Provisions contained within Article 3 of this Ordinance. 201.8. Agricultural Nuisance Disclaimer - All lands within the Agricultural Zone are located within an area where land is used for commercial agricultural production. Owners, residents and other users of this property may be subjected to inconvenience discomfort and the possibility of injury to property and health arising from normal and accepted agricultural practices and operations including but not limited to noise, odors, dust, the operation of machinery of any kind including aircraft, the storage and disposal of manure, the application of fertilizers, soil amendments, herbicides and pesticides. Owners, occupants and users of this property should be prepared to accept such inconveniences, discomfort and possibility of injury from normal agricultural operations, and are hereby put on official notice that Section 4 of the Pennsylvania Act 133 or 1982 Article 2 Zone Regulations -45- Silver Spring Township Zoning Ordinance I "The Right to Farm Law" may bar them from obtaining a legal judgment against such normal agricultural operations. 201.9. Required Conservation Plan - Any agricultural, horticultural, or forestry-related uses which involve earthmoving activities, or the commercial harvesting or timbering of vegetation, shall require the obtainment of an approved conservation plan by the Cumberland County Conservation District pursuant to Chapter 102 Erosion Control of Title 25 Rules and Regulations, Department of Environmental Protection. All on-site activities shall then be in compliance with the approved conservation plan. Silver Spring Township Zoning Ordinance -46- Article 2 Zone Regulations 1 SECTION 202 RURAL RESIDENTIAL ZONE (R) 1 1 1 J 1 1 t t 202.1. Purpose - The primary purpose of this Zone is to promote a continuation of the rural character of the area, characterized by a mixture of sparsely developed residential uses. In addition, other small-scale nonresidential uses have developed. This Zone will continue these development trends, but will install additional protection for rural residences from the impacts of other nonresidential uses. These areas are not likely to be served by public sewer or water facilities within the foreseeable future; therefore, larger lot sizes are indicated. Because of the character of these areas, some steep slopes are included. For this reason, specific lot design requirements have been imposed on steeply sloped development sites. 202.2. Permitted Uses 1. Agriculture, subject to the standards listed in Section 201 of this Ordinance, but excluding commercial livestock operations, as defined herein; 2. Single-family detached dwellings; 3. Public and/or nonprofit parks; 4. Public uses and public utilities structures, excluding communications antennas, towers, and equipment; 5. Flag-lot residences, subject to the standards of Section 605.04.7. of the Subdivision and Land Development Ordinance; 6. Forestry Activities; 7. ECHO housing (see Section 331); 8. Stables (see Section 340); 9. Two-family conversions (see Section 342); 10. Accessory apartments (see Section 320); 11. No-impact home based business; and, 12. Accessory uses customarily incidental to the above permitted uses. 202.3. Special Exception Uses (Subject to the procedures presented in Section 604.3. of this Ordinance.) 1. Bed and breakfasts (see Section 404); 2. Private clubhouses (see Section 431); 3. Home occupations (see Section 422); 4. Family day-care facilities (see Section 416); 5. Campgrounds (see Section 406); 6. Public and private schools (see Section 432); 7. Communication antennas, towers and equipment (see Section 412); 8. Farm occupations (see Section 417); and 9. Amateur Radio Antennas (see Section 447). Article 2 Zone Regulations -47- Silver Spring Township Zoning Ordinance 202.4. Conditional Uses (Subject to the review procedures listed in Section 704 of this Ordinance.) 1. Golf courses (see Section 418); 2. Rural clusters (see Section 434); and 3. Churches and cemeteries (see Section 407). 202.5. Maximum Number of Permitted Dwellinas or Lots 1. For each tract of contiguous land in single and separate ownership (parent tract) as of the effective date of this Ordinance, there may be one (1) lot subdivided or one principal residence constructed for a single-family detached nonfarm dwelling, according to the following schedule: Lot Area Acres Total Number of At Least Less Than Permitted Lots/Dwellings* 2 5 2 5 10 3 10 15 4 15 20 5 20 25 6 25 30 7 30 35 8 35 40 9 40 45 10 45 50 11 50 55 12 55 60 13 60 65 14 65 70 15 70 75 16 75 80 17 80 85 18 85 90 19 90 95 20 95 100 21 *For parcels containing one or more (1) principal dwelling on the effective date of this Ordinance, each such dwellings shall be counted as one (1) against those permitted in the above schedule. Silver Spring Township Zoning Ordinance -48- Article 2 Zone Regulations L s 2. The above-described schedule shall not apply to ECHO housing nor two-family conversions; 3. Lot add-ons in which no new lots are created shall not be counted against the number of lots permitted to be created in the schedule of Section 202.5.1.; 1 r 4. Regardless of size, no tract of land subdivided from its parent tract shall qualify for additional single-family detached dwellings or lots pursuant to this section. Similarly, any subsequent owner of any portion of the parent tract legally existing on the effective date of this Ordinance shall be bound by the actions of previous owners in that such current owner may only subdivide for purposes of additional single-family dwellings the number of lots, if any, remaining from the original number permitted by this section. Any subdivision or land development plan hereafter filed for a tract of land in the Rural Residential Zone shall specify which lot or lots shall carry with them the right to erect or place thereon any unused quota of single-family detached dwellings as determined by the provisions of this section; and, 5. In the event a tract of land which was not classified as part of the Rural Residential Zone on the effective date of this Ordinance is hereafter classified as part of the Rural Residential Zone, the size and ownership of such tract shall be determined as of the effective date of the change in the zoning classification. 202.6. Design Requirements'- Unless specified elsewhere, the following table prescribes lot area, width, and coverage, as well as minimum yard requirements for uses within this Zone: Minimum Minimum Maximum Minimum Yard Setbacks Lot Lot Lot use' Area Width Coverage Front One Side Both Sides Rear All Permitted Uses I acre 150 ft. 10% 50 ft. 30 ft. 60 ft. 50 ft. All Permitted Uses If More 2 acres 150 ft. 7% 50 ft. 30 ft. 60 ft. 50 ft. Than 501% of the Site Possesses Slopes in Excess of 15% Accessory Uses N/A N/A N/A 300 ft. 15 ft. 30 ft. l5 ft. 'All uses relying upon onlot sewers are subject to the requirements listed in Section 311 of this Ordinance. 2See Section 319 for Public Utilities Structure. 202.7. Maximum Permitted Height 1. Principal buildings and structures - Thirty-five (35) feet; and, 2. Accessory buildings and structures - Fifteen (15) feet, except that the height may be increased by one (1) foot for every foot that the building or structure is setback in excess of the applicable setback requirements of this Section, up to a maximum total height of twenty-five (25) feet. Article 2 Zone Regulations 49- Silver Spring Township Zoning Ordinance I 202.8. All uses permitted within this Zone shall also comply with the General Provisions contained in Article 3 of this Ordinance. Silver Spring Township Zoning Ordinance -50- Article 2 Zone Regulations 1 1 1 f 1 r r? 1 SECTION 203 RESIDENTIAL ESTATE ZONE (RE) 203.1. Purpose - This Zone intends to reserve settings for large-lot estate housing which has become increasingly prevalent within the Township. Selected locations adjoin existing neighborhoods of similar housing styles, as well as vacant areas with attractive rolling topography to maximize visual appeal. This Zone generally lies beyond planned public utility service areas, which further suggests the need for larger lots to support on-lot wells and sewage disposal systems. Permitted uses have been strictly limited to principal residences and related accessory uses. Finally, vegetative protection measures have been utilized to protect the "character" of the landscape and related natural habitats. 203.2. Permitted Uses 1. Single-family detached dwellings; 2. Public and/or nonprofit parks and playgrounds; 3. Public utilities structures excluding communication antennas, towers, and equipment; 4. Flag lot residences, subject to the standards of Section 605.04.7. of the Subdivision and Land Development Ordinance; 5. Forestry Activities; 6. Accessory apartment (see Section 320); 7. No-impact home based business; and, 8. Accessory uses customarily incidental to the above permitted uses. 203.3. Special Exception Uses (Subject to the procedures listed in Section 604.3. of this Ordinance.) 1. Home occupations (see Section 422); 2. Family day-care facilities (see Section 416); and, 3. ECHO Housing (see Section 331); and, 4. Amateur Radio Antennas (see Section 447). 203.3A. Conditional Uses (Subject to the review procedures listed in Section 704 of this Ordinance.) Churches (see Section 407). 203.4. Lot Area Requirements - Unless otherwise specified, all uses within this Zone shall contain a minimum of three (3) acres. See Section 319 for Public Utilities Structures. 203.5. Minimum Lot Width - Two hundred and fifty (250) feet at the minimum front yard setback line; one hundred (100) feet at the lot frontage. See Section 319 for Public Utilities Structures. 203.6. Minimum Setback Requirements 1. Principal Buildings: Article 2 Zone Regulations -51- Silver Spring Township Zoning Ordinance I A. Front yard setback - Seventy-five (75) feet from the street right-of-way line; B. Side yard setbacks -Fifty (50) feet on each side (100 feet total); and, C. Rear yard setback - Fifty (50) feet. 2. Accessory Buildings: A. Front yard setback - Three hundred (300) feet; B. Side yard setbacks - Fifteen (15) feet on each side; and, C. Rear yard setback - Fifteen (15) feet. 3. Public Utilities Structures - See Section 319 203.7. Maximum Permitted Height 1. Principal buildings and structures - Thirty-five (35) feet; and, 2. Accessory buildings and structures - Fifteen (15) feet, except that the height may be increased by one (1) foot for every two (2) feet that the building or structure is setback in excess of the applicable setback requirements of this Section, up to a maximum total height of twenty-five (25) feet. 203.8. Maximum Lot Coverage - Unless otherwise specified, twenty percent (20%). See Section 319 for Public Utilities Structures. 203.9. All uses permitted within this Zone shall also comply with the General Provisions contained in Article 3 of this Ordinance. 203.10. Woodland Preservation Requirements - Only those areas necessary for the construction of buildings or structures, for which a zoning permit has been issued, shall be cleared of existing woodland. Silver Spring Township Zoning Ordinance -52- Article 2 Zone Regulations w e 1 t [i t 1 SECTION 204 R-1 RESIDENTIAL ZONE (R-1) 204.1. Purpose - This Zone is meant to accommodate suburban detached residential growth within the Township. This Zone coincides with potential sewer and water utility service areas; however, the actual availability of these services is likely to occur at different times, in different areas. As a result, permitted densities have been adjusted according to the availability of these public utilities. All units that are proposed without the use of public utilities will be required to be situated to one side of a wider lot so that future in-fill development potentials can be protected when public utilities become available. In accordance with local planning goals that were developed within the Township's Comprehensive Plan, developments within this Zone will be encouraged to engage a proper site plan review process. Such process will be used to help preserve any significant natural features or areas of severe development limitation. Additionally, some provision of common open space will be encouraged to help retrofit needed neighborhood and linear parklands, as suggested within the Township's Comprehensive Recreation and Open Space Plan. Flexible net density and cluster design standards will be used as an incentive for the protection of important natural/cultural features, and/or the provision of common open space. 204.2. Permitted Uses 1. Agriculture, subject to the standards listed in Section 201 of this Ordinance, but excluding commercial livestock operations, as defined herein; 2. Single-family detached dwellings; 3. Public and nonprofit parks and playgrounds; 4. Public utilities structures excluding communication antennas, towers, and equipment; 5. Public vocational and mechanical trade schools; 6. Forestry Activities; 7. No-impact home based business; and, 8. Accessory uses customarily incidental to the above-permitted uses. 204.3. Special Exception Uses (See Section 604.3.) 1. Home occupations (see Section 422); 2. Family day-care facilities (see Section 416); 3. Public and private schools (see Section 432); and 4. Amateur Radio Antennas (see Section 447). r f Article 2 Zone Regulations -53- Silver Spring Township Zoning Ordinance 204.4. Conditional Uses (See Section 704.) 1. Cluster development (see Section 408); 2. Golf courses (see Section 418); 3. Village Overlay Zone developments (see Section 207) and; 4. Churches and related uses (see Section 407). 204.5. Permitted Density for Single-Family Detached Dwellings On Parcels Not Serviced By Both Public Sewer And Public Water I . For each parcel of contiguous land in single ownership as of the effective date of this Ordinance which is not served by both public sewer and public water, there may be five (5) lots sold or utilized for a permitted use single-family detached dwelling, provided that each of the newly created lots, as well as the parent tract, shall comply with the design standards listed in Section 204.6.; 2. The provisions of this section shall apply to all parcels of land legally existing on the effective date of this Ordinance. Regardless of size, no tract of land subsequently subdivided from its parent tract shall qualify for additional permitted use single-family detached dwellings or lots pursuant to this section. Similarly, any subsequent owner of any parcel of land legally existing on the effective date of this Ordinance shall be bound by the actions of previous owners in that such current owner may only subdivide for purposes of additional permitted use single- family dwellings the number of lots, if any, remaining from the original number permitted by this section. Any subdivision or land development plan hereafter filed for a tract of land in the R-1 Zone shall specify which lot or lots shall carry with them the right to erect or place thereon any unused quota of permitted use single-family detached dwellings, as determined by the provisions of this section; 3. In the event a tract of land, which was not classified as part of the R-1 Zone on the effective date of this Ordinance, is hereafter classified as part of the R-I Zone, the size and ownership of such tract of land shall be determined as of the effective date of the change in the zoning classification; and, 204.6. Design Requirements 7_ See table below: Minimum Minimum Maximum Minimum Yard Setback# Maximum Utilized Public Utilities Lot Area Lot Width Lot Coverage Fronts One Side Both Sides Rear Permitted Height None 43,560 s q. ft.' 280 ft. 20% 40 ft. s Footnote 3 Footnote 3 50 ft. 35 ft. Public Water 32,000 s q. ft.' 250 ft. 25% 40 ft. s Footnote 4 Footnote 4 50 ft. 35 ft. Public Sewer 20,000 s q. ft. 125 ft.' 30% 40 ft. s 20 ft. 40 ft. 40 ft. 35 ft. Both Public Sewer and Public Water 15,000 sq. ft. 100 ft? 35% 35 ft. = 8 ft. 20 ft. 35 ft. 35 ft. 'All relying upon oelot sewer must comply with Section 311 of this Ordinance. 'Minimum lotwidth at the street rightof-way line may be reduced to no less than seventy (70) feet when located on a a&-sac turnaround. Silver Spring Township Zoning Ordinance -54- Article 2 Zone Regulations 1 III 3Mnnmmum one hundred forty (140) feet on one side, plus a minimum of twentfive (25) feet on the other side. 'Minimum one hundred twenty (120) feet on one side, plus a minimum of twentfive (25) feet on the other side. 'Required minimum front yard setbacks shall be fifty (50) feet when abutting an arterial road. 6Existing single family lots, regardless of whether they ariterviced by public or on lot utilities, are governed by the design requirements for lots utilizing both public sewer and public water except for the following minimum yard setback standards: Front thirty-five (35) feet, one side- eight (8) feet, both sites twenty (20) feet, and rear thirtyfive (35) feet. 7See Section 319 for Public Utilities Structure. 204.7. Accessory Uses 1. Maximum permitted height - Fifteen (15) feet; 2. Minimum setback requirements: A. Front yard setback - Three hundred (300) feet; and, B. Side and rear yard setbacks - Five (5) feet. 1 r r 204.8. All uses permitted within this Zone shall also comply with all applicable General Provisions contained within Article 3 of this Ordinance. Article 2 Zone Regulations -55- Silver Spring Township Zoning Ordinance SECTION 205 HIGH DENSITY RESIDENTIAL ZONE (R2) 205.1. Purpose - This Zone seeks to accommodate the higher density needs of the Township. A wide range of housing types are encouraged with densities exceeding those permitted elsewhere in the Township. This Zone is located near existing multi-family develop- ments and/or major transportation routes. Certain civic and residential-related uses have also been allowed to enhance convenient access to this higher concentration of residents. This Zone coincides with public utility service areas. As a result, permitted densities and housing types reflect the use of these public utilities. Finally, cluster developments are a permitted use, with density bonuses, to encourage this preferred development pattern. 205.2. Permitted Uses 1. Agriculture, subject to the standards listed in Section 201 of this Ordinance, but excludinP commercial livestock operations, as defined herein; 2. Single-family detached dwellings; 3. Duplexes; 4. Townhouses; 5. Multiple-family dwellings; 6. Public and nonprofit parks and playgrounds; 7. Public uses, public schools and public utilities structures excluding communication antennas, towers, and equipment; 8. A detached single-family dwelling that existed on the effective date of this Ordinance, and contained (at that time) at least three thousand (3,000) square feet, may be converted into two (2) dwelling units, subject to the following: A. The applicant shall furnish evidence that an approved system of water supply and sewage disposal will be utilized; B. No extensions or modifications to the external appearance of the building (except fire escapes) which would alter its residential character, shall be permitted; C. All floors above and below grade shall have a permanently affixed direct means of escape to ground level; D. Four (4) off-street parking spaces shall be provided; and, E. The applicant shall obtain any required land development approvals; 9. Forestry Activities; 10. Cluster developments (see Section 327). 11. No-impact home based business; and, 12. Accessory uses customarily incidental to the above permitted uses. 205.3. Special Exception Uses (See Section 604.3.) 1. Boarding houses (see Section 405); 2. Family day-care facilities (see Section 416); 3. Home occupations (see Section 422); 4. Commercial day-care facilities (see Section 409); and, 5. Private schools (see Section 432). Silver Spring Township Zoning Ordinance -56- Article 2 Zone Regulations 10.? r 1 r 1 1 1 1 205.4. 205.5. 205.6. Conditional Uses (See Section 704.) 1. Mobile home parks (subject to the requirements of the Silver Spring Township Mobile Home and Mobile Home Park Ordinance); 2. Medical Residential Campus (see Section 425); 3. Nursing, rest or retirement homes (see Section 428) and; 4. Churches and related uses (see Section 407). Design Reguirements6 - See the following table: Required Minimum Maximum Minimum Maximum Minimum Yard Setbacks Public Lot Area Net Density Lot Lot Use Utilities (s q. ft.) du/ac) Width' Coverage Front Outside Both Sides Rear SFD Both public waer 10,000 4 80 ft. 35% 40 ft.' 15 ft. 30 ft. 35 ft. and public sewer Duplexes Both public water 6,000 5 50 ft. 35% 30 ft.' 25 ft. N/A 30 ft. and public sewer per per unit unit ownhousei Both public water 2,000 5 20 ft. 60% 30 ft.' 15 ft. N/A 30 ft. and public sewer per per end unit unit units Multiple Both public water 87,120 5 200 ft. 60% 50 ft. 30 ft. 60 ft. 50 ft. il and public sewer Uses rther Both public water 43,560 N/A 200 ft. 30% 40 ft s 30 ft. 60 ft. 50 ft. and public sewer 'Minimum lot width shall be measured at the building setback line, and in no case shall the lot width, as measured along the street line, be less than seventy percent '(0%) of that required at the building setback. 2No townhouse grouping shall contain more than six (6) units. For each townhouse grouping containing more than four (4) units, no more than sixty percent (601%) of such units shall have the same front yard thack; the minimum variation of setback shall be two (2) feet. All townhouse buildings shall beset back a minimum of fifteen (15) feet from any parking facilities contained on commonly-held lands. All townhouse buildings shall be set back at least thjr(30) feet from any perimeter boundary of the development site. In those instances where several townhouse groupings are contained upon the same lot, the standards listed in the following footnote 4 shall apply. 'In those instances where several multifamily dwelling buildings and/or townhouse groupings are located on the same lot, the following separation distances will be provided between each building: a. Front to front, rear to rear, or front to rear, parallel buildings shall have at least sevgn(70) feet between faces of the building. If the front or rear faces are obliquely aligned, the above distances maybe decreased by as much as ten (10) feet at one end if increased by similar or greater distance at the other end. b. A minimum yard spaceof thirty (30) feet is required between end walls of buildings. If the buildings are at right angles to each other, the distance between the comers of the end walls of the building may be reduced to a minimum of twenty (20) feet. c. A minimum yard spaceof thirty (30) feet is required between end walls and front or rear faces of buildings. `Any common open spaces are subject to the requirements listed in Section 316 of this Ordinance. 'Required front yard setbacks shall be forty (40) feet when abutting collector road and/or fifty (50) feet when abutting an arterial road. `See Section 319 for Public Utilities Structures. Minimum Accessory Structures Setbacks 1. Front Yard - Three hundred (300) feet (except permitted signs); and, 2. Side and rear yards Five (5) feet. Article 2 Zone Regulations -57- Silver Spring Township Zoning Ordinance 205.7. Maximum Permitted Heiizht 1. Principal buildings and structures - Thirty-five (35) feet; and, 2. Accessory buildings and structures - Fifteen (15) feet. 205.8. All uses permitted within this Zone shall also comply with all applicable General Provisions contained in Article 3 of this Ordinance. Silver Spring Township Zoning Ordinance -58- Article 2 Zone Regulations .r. t i i t I SECTION 206 VILLAGE RESIDENTIAL ZONE (1,3) 206.1. Purpose - This Zone intends to implement suitable policies for the protection and stabilization of older residential neighborhoods within the villages of Hogestown and New Kingstown. Aside from residential and public uses, nonresidential uses have been limited to preserve the "small town" character of these areas. Strict design standards have been imposed to keep uses in this Zone compatible with nearby homes. Incentives are provided to coordinate vehicular access between adjoining properties. 206.2. Permitted Uses 1. Public uses, public schools and public utilities structures excluding communication antennas, towers, and equipment; 2. Single-family detached dwellings; 3. Duplexes; 4. Public and nonprofit parks and playgrounds; 5. Forestry Activities; 6. No-impact home based business; and 7. Accessory uses customarily incidental to the above permitted uses. 206.3. Special Exception Uses (See Section 604.3.) 1. Bed and breakfasts (see Section 404); 2. Family day-care facilities (see Section 416); 3. Home occupations (see Section 422); 4. Conversion apartments (see Section 414); 5. Historic structure conversions (see Section 421); 6. Boarding houses (see Section 405); and, 7. Off-street off-site parking (see Section 429). 206.3A. Conditional Uses (Subject to the review procedures listed in Section 704 of this Ordinance.) 1. Churches and related uses (see Section 407). 1 206.4. Design Requirements' - See table below: Required Minimum Minimum Maximum Minimum Yard Setbacks Public Lot Lot Lot Use Utilities Area Width Coverage Front One Side Both Sides Rear SFD Both public water, 6,000 sq. ft. 60 ft. 35% 20 ft. 8 ft. 16 ft. 30 ft. and public sewer Duplexes Both public water 6,000 sq. ft. 40 R 35% 20 ft. 10 ft. N/A 30 ft. and public sewer per unit per unit Other Uses Both public water 6,000 sq. ft. 60 ft. 35% 20 ft. 10 ft. 20 ft. 30 ft. and public sewer ISee Section 319 for PublicUtilities Structures. Article 2 Zone Regulations -59- Silver Spring Township Zoning Ordinance 206.5. Minimum Accessory Structures Setbacks 1. Front yard - Three hundred (300) feet (except permitted signs); and, 2. Side and rear yards - Five (5) feet. 206.6. Maximum Permitted Height 1. Principal buildings and structures - Thirty-five (35) feet; and, 2. Accessory buildings and structures - Fifteen (15) feet. 206.7. All uses within this Zone shall comply with all applicable General Provisions contained within Article 3 of this Ordinance. 206.8. Design Features/Bonus Incentives - Because of this Zone's location along heavily traveled Carlisle Pike, the following incentives are offered for the coordinated provision of vehicular access, parking, loading and signage. These bonus incentives are tied to compliance with specified design features, as follows: Design Features 1. Coordinated vehicular access between two or more adjoining land uses that make use of only one shared access drive onto adjoining roads. 2. Coordinated off-street parking between two or more adjoining land uses that share a single access drive. Such parking lots shall be arranged to provide ready access to all properties. 3. Coordinated off-street loading between two adjoining land uses sharing a single access drive that provides ready access to one or more loading spaces serving both uses. 4. Coordinated signage with two or more uses sharing only one sign. Bonus Incentive A ten percent (10%) increase in the maximum permitted lot coverage for each use. Waiver of one side yard setback requirement as it applies to the off-street parking lot, and a ten percent (10%) reduction in the total number of parking spaces required for all uses. Waiver of the off-street loading space requirement for that use that would otherwise require the least number of loading spaces, provided a cross property use easement is recorded that assures both uses may use the shared loading space(s). In addition, one side yard setback may also be waived, as it applied to off-street loading. A five percent (5%) increase in the maximum permitted lot coverage and a ten percent (10%) increase in the maximum permitted size of any attached or freestanding signs. Silver Spring Township Zoning Ordinance -60- Article 2 Zone Regulations -. w, SECTION 207 VILLAGE OVERLAY ZONE (VO) 207.1. Purpose and Intent - In compliance with Sections 605.2 and 605.3 of the Act this Zone provides an optional set of design standards that can be applied to property located within the R-1 and R-2 Residential Zones. These optional design standards seek to achieve a "village" type setting that is characteristic of much of Cumberland County's built environment and heritage. All of the design standards of this Zone are vital if the "village" atmosphere is to be achieved. While many of the following requirements deal with issues that typically transcend zoning jurisdiction, they are provided as design options, and are, therefore, considered voluntarily self-imposed by prospective developers, but enforceable by the Township. It is the further intent of the Board of Supervisors to encourage flexibility, economy and ingenuity in the development of tracts within this Zone. To this end, the Board of Supervisors shall, by conditional use approval, permit the developer to modify the design standards of this Section 207 if such modification will enable the design of a better development. It is the specific intent of the Board of Supervisors to permit developers to consider and utilize innovative methods of design. Some of the specific development objectives of the Zone include the design and construction of neighborhoods that: 1. Are distinct in their incorporation of important natural and cultural features; 2. Provide for a diversity of housing types, sizes, and costs with particular emphasis on scattered-site affordable housing opportunities; 3. Provide for convenient vehicular access to the neighborhood's edge but increased reliance upon pedestrian movements within its bounds; 4. Integrate local businesses and trades to enhance resident convenience and offer limited employment opportunities; 5. Make efficient use of local infrastructure and services; 6. Reflect the historic and traditional building styles so abundant within the region; 7. Reserve and feature civic uses and open spaces as community focal points; 8. Provide safe, efficient, and compatible linkages with existing nearby land uses, streets, sidewalks, etc.; 9. Invite regular and frequent social interaction among its inhabitants; and, 10. Blend all of these above-described features in a way that promotes community identification and a "sense-of-belonging" for the residents. These development objectives will be used as a measure of conformance with any proposed development within this Zone. 207.2. Relationship to Other Ordinances and Sections of this Zoning Ordinance The provisions of this Section 207 create a conditional use overlay zone which may be applied to lands within the R-1 and R-2 Zones. This Zone may only be applied to property upon approval by the Board of Supervisors and written acceptance by the landowner of all requirements of this section, and any valid conditions of approval attached by the Board of Supervisors. Such overlay zone establishes different land use and design requirements from those contained in this and other ordinances of the Article 2 Zone Regulations -61- Silver Spring Township Zoning Ordinance I Township. To the extent the regulations within this section differ (are more, or less restrictive) from others, those within this section shall govern. However, all other provisions of this and other ordinances of the Township shall remain in full force. 207.3. Severability and Repealer - Should any part of this Section 207 be declared invalid by the courts, the entire Section 207 shall be automatically repealed. 207.4. Review Procedures - All proposals within this Zone are considered and shall be governed by the application and review procedures for conditional uses according to Section 704 of this Ordinance. The remaining requirements of this Zone shall be used as the specific criteria for evaluating the approval of any conditional use(s). 207.5. Conditional Uses 1. Public uses and public utilities structures excluding communication antennas, towers, and equipment; 2. Public and/or nonprofit parks; 3. Churches and related uses; 4. Single-family detached dwellings; 5. Duplexes; 6. Townhouses with no more than five (5) units per building; 7. Quadraplexes; 8. Accessory building apartments with no more than one (1) dwelling unit, subject to the criteria listed in Section 401 of this Ordinance; 9. Home occupations subject to the criteria listed in Section 422 of this Ordinance; 10. Family day-care subject to the criteria listed in Section 416 of this Ordinance; 11. The following locally-oriented businesses: A. Barber, beauty, tanning, and health salons; B. Tailors, off-site dry cleaning, and shoe repair services; C. Retail sales and/or rental of goods such as, but not limited to, antiques, apothecaries, packaged beverages, recorded music and video materials, books, clothing, confections, dry goods, flowers, fresh or packaged food, furniture, gifts, hardware, jewelry, newspapers, notions, personal and household supplies, photographic supplies, sporting goods, stationery, and tobacco (excluding adult-related uses); D. Delicatessens, bakeries, ice cream shops, caterers, restaurants, and fast-food restaurants, provided no drive-through facilities are used; E. Photographic, music, art and dance studios; F. Professional, medical, and/or dental offices; G. Banks, including outdoor tellers if pedestrian-oriented, and similar financial institutions, provided no drive-through facilities are utilized; and, H. Repair of clocks, jewelry, cameras, electronics, and small household appliances. 12. Accessory uses customarily incidental to the above permitted uses. 207.6. Minimum Area Requirements - All applications for this Zone shall contain no less than thirty (30) contiguous acres. However, applications that expand. previously Silver Spring Township Zoning Ordinance -62- Article 2 Zone Regulations ft? I 1 r approved Village Overlay Zone development shall have no minimum area requirements. 207.7. Required Mixture of Uses - All Village Overlay Zone developments shall provide a mixture of uses that conform with the following ratios of net acreage (excluding streets, alleys, and utility rights-of-way): Use Required Percentage Public, Civic, Open Spaces Minimum 25% Single-Family Detached Dwellings (including accessory apartments) Minimum 35% Other Dwellings (duplexes, townhouses, uadra lexes 10-30% Local Commercial Uses Maximum 5% 207.8. Maximum Coverage - In no case shall more than fifty-five percent (55%) of a Village Overlay Zone development site be covered with buildings and/or other impervious surfaces. 207.9. Architectural Considerations - All proposals within the Village Overlay Zone must incorporate architectural treatments and styles that complement the Township's historic resources. All applications shall include the preparation of textual and (typical) graphic descriptions by a Commonwealth-registered architect, of proposed architectural features and styles, which shall be presented and analyzed with the following criteria: 1 A 1 1 I 1 (1) Proportion of Building's Front Facades -The relationship between the width of the front of the building and the height of the front of the building. (2) Proportion of Openings Within the Building - The relationship of width to height of windows and doors. (3) Rhythms of Solids to Voids in the Front Facade - Since rhythm is a repeated and recurrent alteration of strong and weak architectural elements, a rhythm of masses to openings in a building should be maintained. (4) Rhythm of Spacing of Buildings on Streets- In moving past a series of buildings, a rhythm of recurrent or repeated building masses to spaces between them should be experienced. (5) Rhythm of Entrance and/or Porch Projections - Moving past a series of structures, one experiences a rhythm of entrances or projections at an intimate scale. (6) Relationship of Materials - Within an area, the predominant materials may be brick, stone, stucco, wood siding, or other approved material. (7) Relationship of Textures - The pre-dominant textures of an area may be smooth, such as stucco, or rough as brick with tooled joints or horizontal wood siding, or other textures. (8) Walls of Continuity - Physical ingredients, such as brick walls, wrought iron fences, evergreen landscape masses, building facades, or combinations of these form continuous, cohesive walls of enclosures along the street. (9) Relationship of Landscaping - There may be a predominance of a quality and quantity of landscaping, although emphasis herein shall be with the amounts and continuity of landseping. (10) Paving Materials - There may be a predominance in the use of brick pavers, cobblestones, granite blocks or approved others. (11) Directional Expression of Front Elevation - Structural shape, planning of openings and architectural detail may provide a predominantly vertical, horizontal, or non-directional character to the building's facade. (12) Scale - Scale is created by the size of units of construction and architectural detail that relate to the size of man. It can also be determined by building mass and how it relates to open space. The major elements of scale may be brick or stone units, window or door openings, porches, and balconies, etc. Article 2 Zone Regulations -63- Silver Spring Township Zoning Ordinance (13) Relationship of Color- Insofar as the mass and detail, such as trim, are concerned, a predominalt color that may be of a natural material or a patina colored by time. Blending colors of trim is also a factor. (14) Relationship of Architectural Details -Architectural details and their relationship to the structure in question and adjacent ones, including but not limited to, cornices, lintels, arches, quoins, F, balustrades and ironwork, chimneys, etc. (15) Relationship of Roof Shapes - Buildings should have compatible roof shapes, such as gable, mansard, hip, flat, gambrel and/or other kinds of roofshapes. (16) A description of any nonstructural site improvements (buffering, landscaping, and screening) that will be used to protect the integrity of the historic resources 207.10. Design Requirements Lot Design Standards6 - See following table: Maximum Minimum Minimum Yard Setback Permitted Permitted Lot Width Maximum Front Dwelling Density at Lot Build-to One Side Both Sides Rear Type Units/Net Acre Buildin Line Covera e' Line' R-1 Zone R-2 Zone Single-Family 5 6 50 ft. 50% 10-15 ft. 6 ft. 12 ft. 20 ft. Detached Duplex 6 7 40 ft. per unit 70% 10-15 ft. 6 ft. N/A 20 ft. per unit Townhouse? 6 7 18 ft. per unit 70% 10-15 ft. 10 ft. N/A 20 ft. end units Quadraplex 6 7 30 ft. per unit 70% 10-15 ft. 10 ft. N/A 20 ft. end units 'No less than seventy percent (70%) of a building's front facade (including the front facade of any covered or uncovered porches) must be located on the front buildto line; except, however, no less than fifty percent (50%) of any townhouse or quadraplex building must be located on the front buil& line. Front buildto lines shall be measured between the edges of the street right-of-way and the closest facade of the building; including porches. No part of any building shall extend closer to a street than the front buildto line. 2Required setbacks for accessory structures shall be six (6) feet from rear and side lot lines. No aowry buildings shall be permitted within the front yard. 3Maximum lot coverage requirements shall not apply to porches located within the front yard. 4In addition to the principal dwelling, an accessory building apartment is permitted by special excgNj subject to the criteria listed in Section 401. Such accessory building apartments sha trot be calculated as part of the maximum permitted density depicted for singlofamily detached dwellings in this table. No townhouse building shall contain morthan five (5) units. For each townhouse building containing more than four (4) units, no more than sixtyseven percent (670/4) of such units shall have the same front yard setback; the minimum variation of setback shall be five (5) feet. In addition, no rare than two (2) contiguous units shall have identical roof lines that generally parallel the ground along the same horizontal plane. All townhouse buildings shall be set back a minimum of fifteen (15) feet from any interior access drives, or parking fadities contained on commonlyheld lands. All townhouse buildings shall be set back at least thirty (30) feet from any perimeter boundary of the development site. In those instances where several townhouse buildings are located on the same lot, the folloieg separation distances will be provided between each building: x, a. Front to front, rear to rear, or front to rear parallel buildings shall have at least fifty (50) feet between faces of the building. If the front or rear faces are obliquely aligned, thabove distances may be decreased by as much as ten (10) feet at one end if increased by similar or greater distance at the other end. b. A minimum yard space of thirty (30) feet is required between end walls of buildings. If the buildings are at righow to ., each other, the distance between the comers of the end walls of the building may be reduced to a minimum of twenty (20) feet. c. A minimum yard space of thirty (30) feet is required between end walls and front or rear faces of buildings. d. All townhouse buildings shall be set back a minimum of fifteen (15) feet from any interior access drives or parking facilities contained on commonl5held lands. Silver Spring Township Zoning Ordinance -64- Article 2 Zone Regulations i 6See Section 319 for Public Utilities Structures. 2. Residential Building Design Standards - All residences shall comply with the following: A. Building Heii?ht - All principal residences shall be between one and one-half (1t/z), and three (3) stories in height. Accessory buildings shall be no more than fifteen (15) feet high unless an accessory apartment is provided; in such cases, an accessory building can extend up to two stories; B. Building Orientation and Porches - All residential buildings' main entrances shall face the lot's front yard. At least fifty percent (50%) of all detached dwellings located along a public street within the same block shall include porches within the front yard. When a dwelling with a porch is located on a corner lot, the porch shall extend parallel along both front lot lines; and, C. Residential Building Width - No residential dwelling shall be greater than one hundred (100) feet wide as measured parallel, or approximately parallel, with any street line. 3. Vehicular Access and Parking Requirements for Residences - All driveways and off-street parking shall be provided within the rear yard. However, one joint-use driveway shall be permitted to extend into the front yard to connect with a public street, along a common lot line serving at least two (2) adjoining residences. Driveway widths shall range between ten (10) and twelve (12) feet. In no case shall any joint-use driveway serve more than four (4) dwelling units. For purposes of this Zone, Section 308 of this Ordinance is partially waived to allow the creation of dwelling lots that do not have public street frontage; however, such lots must front along a commonly-held pedestrian path, and have direct access to a public alley, or a joint-use driveway. In such cases, the lot's front yard shall be that which is along the common pedestrian path. Furthermore, the lot's front build-to line shall be measured from the edge of the common pedestrian path; 4. All mail and newspaper boxes shall be attached to the building's front facade; and, 5. No above-ground accessory residential swimming pools, except portable "kiddie pools," shall be permitted. 207.11. Commercial Design Requirements - Within the Village Overlay Zone, those limited commercial activities listed in Section 207.5.11. shall be permitted in one or a combination of the two following alternative design schemes: 1. Commercial Courtyard - This design scheme provides for a centralized pedestrian-oriented commercial courtyard that provides a maximum separation of commercial patrons from vehicular traffic: A. Where practicable, all commercial land uses shall be centralized within one area which is generally equidistant from the peripheral edges of the Article 2 Zone Regulations -65- Silver Spring Township Zoning Ordinance I development, or any adjoining residential neighborhood(s) whose residents would also patronize the commercial courtyard; B. Commercial courtyards shall also be integrated upon a system of sidewalks and/or pedestrian pathways, such that all inhabitants of the development and adjoining neighborhoods to be served will have safe and convenient pedestrian access to the commercial courtyard; C. Where practicable, commercial courtyards will be contiguous or directly across a street from common greens as required by Section 207.12.1. of this Ordinance. Furthermore, commercial courtyards shall also incorporate, or be located in close proximity with, civic uses and amenities (e.g., postal gang boxes, bus stops, community centers or pavilions, playgrounds, etc.); D. Commercial courtyards shall consist of one minimum thirty-five (35) foot wide pedestrian path which generally runs perpendicular from adjoining streets. Such pedestrian path shall have a dust-free impervious surface with lamp posts, trash receptacles, shade tree beds, pedestrian benches, and similar amenities; E. Each commercial building's main facade, sign, and customer entrance must front on the commercial courtyard. At least fifty percent (50%) of the commercial buildings' main facades shall be placed upon a five (5) foot build- to-line, as measured from the nearest edge of the courtyard's pedestrian path; however, this requirement can be waived for outdoor cafes, so long as a three ?f (3) foot high fence is placed along the same build-to-line; F. Outdoor restaurant cafes, including awnings, umbrellas, tables and chairs, and trash receptacles are permitted, so long as they architecturally and visually complement the overall appearance and function of the commercial courtyard. All activities on-site shall be controlled so as not to constitute a nuisance by means of noise, and litter; G. One sidewalk display bin for retail merchandise shall be permitted per use between the main facade of the building and the courtyard's pedestrian path. Such bin shall be located against the facade and shall not extend more than two (2) feet perpendicular from it. Sidewalk display bins shall not exceed an overall length of fifteen (15) feet, nor an overall height of three (3) feet. Sidewalk bins shall only be exhibited during the use's business hours; H. Signs for commercial uses within the commercial courtyard shall only include flat wall signs or wall projecting signs. Overall sign size shall be limited to six ?. (6) square feet per sign, per business. Each business will be permitted one such sign along the courtyard pedestrian path, plus another oriented to its street side. The commercial courtyard is also permitted one freestanding archway which crosses over the common pedestrian path. Such archway must be used to identify a common name of the commercial courtyard; Silver Spring Township Zoning Ordinance -66- Article 2 Zone Regulations I. Vehicular access, off-street parking, and off-street loading shall be located in the commercial use's front yard (directly opposite the common pedestrian path or courtyard) between the building and a public street. As an alternative, off- street parking and loading can be provided on a separate common area shared by adjoining businesses. Such common parking and loading shall be not more than three hundred (300) feet from any of the uses it serves, shall be linked via a sidewalk to the courtyard's common pedestrian path, and shall be screened from the common pedestrian path, adjoining roads, and adjoining residential areas; J. Required Off-Street Parking - Minimum required off-street parking spaces for commercial uses are computed on the basis of one (1) per three hundred (300) square feet of total floor area, except that convenience stores, and/or offices of physicians, dentists, and veterinarians shall require one space per two hundred (200) square feet of total floor area. Off-street parking lot design standards shall follow those specified for all commercial uses contained within Section 603 of the SLDO. All off-street parking for commercial uses shall be set back no less than twenty-five (25) feet from any adjoining property used principally for residential purposes. Furthermore, any street access to any off-street parking space must be set back at least forty (40) feet from the right-of-way lines of any intersecting street, or five (5) feet from a fire hydrant; K. For each commercial use, one upper-floor apartment with a separate ground level access and one off-street parking space must be provided; L. No business shall comprise more than two thousand (2,000) square feet of gross floor area (excluding the upper-floor apartment); M. For each thirty (30) dwelling units occupied, one commercial use may be constructed; N. Lot Area Requirements - Five thousand (5,000) to ten thousand (10,000) square feet per store; 0. Lot Width Requirements - Twenty-five (25) to eighty (80) feet per store front, except that, when a commercial use adjoins a lot or lots used principally for residential purposes, the maximum lot width shall be increased to accommodate a required twenty-five (25) foot wide landscape buffer strip; P. Maximum Lot Coverage - Ninety percent (90%); Q. Minimum Required Setbacks - See following table: Side Yards Side Yards Abutting Other Abutting Public or Use Front Yard Commercial Uses Residential Uses Rear Yard Article 2 Zone Regulations -67- Silver Spring Township Zoning Ordinance Use Front Yard Side Yards Abutting Other Commercial Uses Side Yards Abutting Public or Residential Uses Rear Yard Building 54 It! None 25 ft. See Section 207.11.1.E. Off-Street Parking See Section 207.11.1.J. None 25 ft. Not permitted. Off-Street Loading 10 ft. None 50 ft. Not permitted. Dumpster 25 ft. None 50 ft. Not permitted. 'Building front yard setbacks can be reduced in two separate instances. First, a minimum twenty (20) foot setback can be used when no offstreet parking nor loading is provided between the biding and the adjoining street. In such cases, this area shall be used for a minimum eight (8) foot wide sidewalk and a planting strip that comprises at least twenty-five percent (251/6) of the area contained within the front yard. Second, the building frbyard setback can be reduced to thirty (30) feet when perpendicular or angled "headi" parking spaces directly front an access easement. In this case, the thirty (30) foot strip shall be comprised of a minimum tefioot wide landscape strip with sidewat, and the balance used for actual parking space. ' R. Required Off-Street Loading - See Section 603 of the Subdivision and Land Development Ordinance; S. Height Requirements - All buildings shall have two (2), two and one-half (2t/2), or three (3) stories; T. Outdoor Storage - No outdoor storage is permitted; U. Waste Products - Dumpsters may be permitted within the side or front yard, provided such dumpsters are screened from any adjoining roads and/or properties. All dumpsters shall be set back a minimum of fifty (50) feet from -? any adjoining properties used for a principal residence. All waste receptacles shall be completely enclosed within a masonry or "sight tight" fenced enclosure equipped with a self-latching door or gate; ' V. Architectural Considerations - All commercial buildings are subject to the regulations of Section 207.9.; W. Landscaping - Any portion of the site not used for buildings, structures, parking lots, loading areas, outdoor storage areas, and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings; and, X. Commercial Operations Standards - All commercial operations shall be in compliance with any Commonwealth of Pennsylvania and/or Federal government regulations, as required by the most recent regulations made available from these governmental bodies. 2. Main Street Setting - This design scheme provides for a centralized main street streetscape similar to that characterized by many of the historic villages and boroughs of the County. A. Unless impractical, all commercial land uses shall be centralized within one area which is generally equidistant from the peripheral edges of the Silver Spring Township Zoning Ordinance -68- Article 2 Zone Regulations development, or any adjoining residential neighborhood(s) whose residents would also patronize the commercial uses; B. Main street settings shall be integrated upon a system of sidewalks, such that ' all inhabitants of the development and adjoining neighborhoods to be served will have safe and convenient pedestrian access to the main street area; C. Where practicable, main street settings will be contiguous to or directly across a street from, common greens as required by Section 207.12.1. of this Ordinance. Furthermore, main street settings shall also incorporate, or be located in close proximity with, civic uses and amenities (e.g., postal gang boxes, bus stops, community centers or pavilions, playgrounds, etc.); D. Main street settings shall require that commercial uses front along a new arterial or collector road serving the development; E. Main street settings shall include sidewalks with lamp posts trash receptacles, pedestrian benches, shade trees, and other similar amenities; F. Each commercial building's facade, sign, and customer entrance must be oriented toward its adjoining street. At least fifty percent (50%) of the commercial buildings' main facades shall be placed upon a five (5) foot front build-to-line; however, this requirement can be waived for outdoor restaurant cafes, so long as a three (3) foot high fence is placed along the same build-to- line; G. Outdoor restaurant cafes, including awnings, umbrellas, tables and chairs, and trash receptacles are permitted so long as they architecturally and visually complement the overall appearance and function of the main street setting. All activities on-site shall be controlled so as not to constitute a nuisance by means of noise and litter; H. One (1) sidewalk display bin for retail merchandise shall be permitted per use between the main facade of the building and the main street sidewalk. Such bin shall be located against the facade and shall not extend more than two (2) feet perpendicular from it. Sidewalk display bins shall not exceed an overall length of fifteen (15) feet, nor an overall height of three (3) feet. Sidewalk bins shall only be exhibited during the use's business hours; 1. Signs for commercial uses within the main street setting shall only include flat wall signs or wall projecting signs. Overall sign size shall be limited to six (6) square feet per business. Each business will be permitted only one such sign. Another two (2) square foot wall sign is permitted facing the building's off- street parking area; J. Required Parking and Loading - Minimum required off-street parking spaces for commercial uses are computed on the basis of one (1) per three hundred (300) square feet of total floor area, except that convenience stores, and/or Article 2 Zone Regulations -69- Silver Spring Township Zoning Ordinance offices of physicians, dentists, and veterinarians shall require one space per two hundred (200) square feet of total floor area. Required off-street loading spaces shall be determined by the SLDO. Such off-street parking and loading areas shall be located behind any commercial building in the rear yard. All off-street parking and loading space areas shall be provided on an integrated basis so that all uses are physically interconnected and share available parking and loading spaces. Cross access easements to ensure such integration shall be required in language acceptable to the Township's Solicitor. For the purposes of this Zone, the schedule of required parking spaces listed in the SLDO shall not apply. However, all other design standards shall be enforceable. All vehicular access to such areas shall be via common access drives, preferably not directly from the main street area, but from an intersecting side street. In addition to the above-described off-street parking, on-street parking shall be provided as parallel parking along any side of the street upon which commercial uses front; K. For each commercial use, one upper-floor apartment with a separate ground- level access and one off-street parking space must be provided; L. No business shall comprise more than two thousand (2,000) square feet of gross floor area (excluding the upper-floor apartment); M. For each thirty (30) dwelling units occupied, one commercial use may be constructed; N. Lot Area Requirements - Five thousand (5,000) to ten thousand (10,000) square feet per store; 0. Lot Width Requirements - Twenty-five (25) to eighty (80) feet per store front, except that, when a commercial use adjoins a lot or lots used principally for residential purposes, the maximum lot width shall be increased to accommodate a required twenty-five (25) foot wide landscape buffer strip; P. Maximum Lot Coverage - Ninety percent (90%); Q. Minimum Required Setbacks - See the following table: Side Yards Side Yards Rear Yard Rear Yard Abutting Other Abutting Abutting Other Abutting Commercial Noncommercial Commercial Noncommercial Use Front Yard Uses Uses Uses Uses Building See Section None 0 ft. 50 ft. 50 ft. 207.11.2.F. Off-Street Parking Not permitted. None None 15 ft. Off-Street Loading Not permitted. None 25 ft. None 25 ft. Dumpster Not permitted. None 50 ft. None 50 ft. Silver Spring Township Zoning Ordinance -70- Article 2 Zone Regulations R. Height Requirements - All buildings shall have two (2), or two and one-half (2%) stories; ' S. Outdoor Storage - No outdoor storage is permitted; T. Waste Products - Dumpsters are permitted within the rear yard. All dumpsters ' shall be set back a minimum of fifty (50) feet from any adjoining properties used for a principal residence. All waste receptacles shall be completely enclosed within a masonry or "sight-tight" fenced enclosure equipped with a ' self-latching door or gate; ' U. Landscaping - Any portion of the site not used for buildings, structures, parking lots, loading areas, outdoor storage areas, and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings; and, V. Commercial Operations Standards - All commercial operations shall be in ' compliance with any Commonwealth of Pennsylvania and/or Federal government regulations, as required by the most recent regulations made available from these governmental bodies. 207.12. Open Space Desisn Requirements - As specified in Section 207.7., no less than thirty percent (30%) of the total development site's net acreage shall be devoted to public, civic, and/or open space uses. The following standards shall also be applied to these areas: ' 1. Of the total thirty percent (30%) required, no less than two-thirds U shall be used for commonly-held public open spaces. Any remaining area shall be reserved for centralized common greens, such as playgrounds, picnic pavilions, and t neighborhood parks, or public schools, churches, meeting halls, swimming pools, libraries, museums, and other similar uses; J 2. The location and design of required public open spaces shall be largely determined by a proper site planning process. As part of this process, applicants shall be required to prepare a natural and cultural features inventory of the site. Qualified experts must identify and plot each of the following found on the proposed site: ° 100-year floodplains ° steep slopes [greater than fifteen percent (15%)] ° wetlands, streams, ponds, or other water bodies ° sinkholes, caves, vistas, or other significant geologic features ° threatened or endangered species habitats ° archaeologic resources ° historic resources ° significant stands of mature trees Article 2 Zone Regulations -71 Silver Spring Township Zoning Ordinance From this inventory and plot, it shall be incumbent upon the applicant to demonstrate that the proposed schematic design of the Village Overlay Zone development minimizes disturbance of, but integrates, these features to provide a safe and attractive network of common pedestrian paths that link areas within the proposed development and connect with nearby uses of the Township. All common pedestrian paths shall consist of an all-weather durable surface that is at least five (5) feet wide; 3. An essential element of the Village Overlay Zone development application is a written description and plan for the disposition of ownership of common open space land designating those areas to be offered for dedication, or to be owned by the specific form of organization proposed. The common open space shall be owned and maintained in a manner to insure its preservation. This shall be accomplished through one of the following: A. An offer of dedication to the Township. The Township shall not be obligated to accept dedication of the common open space; B. With permission of the Township, and with appropriate deed restrictions in favor of the Township and in language acceptable to the Township Solicitor, the developer may transfer ownership of the common open space or a portion thereof to a private, nonprofit organization among whose purposes is the preservation of open space land and/or natural resources. The organization shall be a bona fide conservation organization with a perpetual existence, the conveyance must contain appropriate provision for reverter or retransfer if the organization is unable to maintain the land, and the organization must enter into a maintenance agreement with the Township; C. The developer shall provide for and establish an organization for the ownership and maintenance of the common open space which shall be generally consistent with the requirements for unit owners; associations found in the Pennsylvania Uniform Condominium Act, 68 Pa. C.S. §3101 et seq. If such an organization is created, the agreements of sale and deeds for all lots shall contain the following requirements in language acceptable to the Township Solicitor: a. Such organization shall not dispose of the common open space by sale or otherwise except to the Township, unless the Township has given prior written approval. Such transfer shall be made only to another organization which shall maintain the common open space in accordance with this Ordinance; b. The organization and all lot owners shall enter into a maintenance agreement with the Township and shall agree to be bound by the provisions of Article VII of the Pennsylvania Municipalities Planning Code relating to the maintenance of deteriorating common open space by municipalities; and, c. The Township may require the establishment of a reserve fund to provide for maintenance of, or capital improvements to, the common open space. Silver Spring Township Zoning Ordinance -72- Article 2 Zone Regulations _ 207.13. Streets, Sidewalks, and Alleys - Within the Village Overlay Zone, the following design standards shall be applied to streets, sidewalks, and alleys: J 1 1. The following table lists required street, sidewalk, and alley widths: Functional Street Classification Number of Travel Lanes Number of Parallel Parkin Lanes Minimum Required Cartwa Width Minimum Required Sidewalk and Related Planting Strip Width Minimum Required R.O.W. Width Arterial or Collector 2 2 40 ft. 20 ft. 60 ft. Local 2 2 36 ft. 20 ft. 56 ft. Local 2 1 28 ft. 20 ft. 48 ft. N/A 2-way alleys 02 16 ft. 0 16 ft. N/A 1-way alleys 01 11 ft. 0 11 ft. N/A 1-way access drives 0 9 ft. 0 9 ft. N/A 2-way access drives 0 18 ft. 0 18 ft. N/A joint use driveway 0 16 ft. 0 16 ft. 'Sidewalks shall be provided in accordance with Section 207.13.4. of this Ordinance. 'No parking shall be permitted within alleys. ' 2. Where practicable, the design of streets, alleys, and sidewalks should provide for through traffic and pedestrian movements, and should interconnect with existing nearby streets, alleys, and sidewalks. The use of cul-de-sac streets and alleys is forbidden, unless accompanied by plans of future adjacent street connections; ' 3. All public streets that connect with existing arterial or collector roads (as depicted on the Official Zoning Map) provide access to commercial uses, and/or act as collector roads within the proposed development, shall be designed with a minimum centerline turning radius of one hundred fifty (150) feet. All other ' roads shall be designed with a minimum centerline turning radius of eighty (80) feet. All intersections of driveways, joint-use driveways, access drives, and/or t streets shall provide a clear sight triangle in accordance with Section 602 of the SLDO; ' 4. Both sides of all public streets shall be lined with five (5) foot wide sidewalks, and five (5) foot wide sidewalk planting strips; however, where sidewalks directly abut on street parking spaces fronting commercial uses, such sidewalks shall be at ' least eight (8) feet wide. Sidewalks and sidewalk planting strips shall weave beside, and in-and-out of, one another. At driveway, access drive, and street intersections, all sidewalks shall include aprons for access by handicapped persons according to standards contained within the latest version of the Americans With Disabilities Act. Sidewalk planting strips shall stop no less than twenty (20) feet from the curb line of an intersecting street; in these areas, ten (10) foot wide ' sidewalks shall be provided. In addition, sidewalk planting strips can be replaced with ten (10) foot wide sidewalks at locations of passive pedestrian nodes (e.g., ' benches, fountains, public transit stops, and access points of public uses and parks). One shade tree shall be provided every fifty (50) feet, or fraction thereof, of linear sidewalk planting strip. Article 2 Zone Regulations -73- Silver Spring Township Zoning Ordinance 207.14. Public Utility and Service Requirements - All proposals within the Village Overlay Zone must comply with the following: 1. Both public sewer and public water shall be used throughout the development; 2. Where practicable, the retention and regenerative percolation of storm water runoff shall be located within common passive open spaces; 3. All utility lines shall be located underground and within public streets, alleys, or other public rights-of-way. Any required utility structures, buildings, pump stations, transformers, or other similar devices shall be screened from adjoining properties and roads; 4. All public streets shall be provided on one, or both, side(s) with street lights. Such street lights shall be placed every one hundred (100) lineal feet and shall be of such design and light intensity to complement the development's architecture; 5. Bus stops shall be placed at appropriate location(s) along major roads serving the proposed development. Their distribution shall be such that no residence within the development shall be situated more than one thousand (1,000) feet from its bus stop. Furthermore, the selection of bus stops shall be logically connected with any existing bus routes. Bus stops shall consist of a minimum pedestrian node consisting of one ten by twenty (10 x 20) foot sidewalk section, one permanently anchored park bench, and a shade tree. Such bus stops shall be provided, even if existing bus routes do not currently serve the area; and, 6. Applicants are required to obtain a letter from the Emergency Management Coordinator of the company that would provide first-call service to the proposed development. Such letter should describe any foreseeable problems regarding fire protection for the proposed development. Particular attention should focus upon the location of fire hydrants and street turning radii. 207.15. Subsequent Revisions Within the Village Overlay Zone 1. Except as provided in the next Sections 207.15.2. and 207.15.3, any change proposed within a previously approved Village Overlay Zone will require the obtainment of a conditional use according to the procedures and standards listed in Section 704 of this Ordinance. The evaluation of such conditional use will be based upon its compliance with the specific requirements of Section 207 and other applicable provisions of this Ordinance, as well as any conditions of approval attached to the original approval; 2. Minor revisions of existing uses which were previously approved as part of a Village Overlay Zone are permitted by right, if they: A. Do not violate any design standards specifically imposed upon the proposed use and its site; B. Do not change any principal use; C. Do not violate any of the standards imposed upon the entire development; Silver Spring Township Zoning Ordinance -74- Article 2 Zone Regulations D. Do not violate any conditions attached to the original approval of the Village ' Overlay Zone; and, E. Do not adversely affect the architecture of the approved existing development. ' 3. The following accessory uses may be established by conditional use, subsequent to approval of a Village Overlay Zone development, subject to their respective specific criteria and the rules and procedures of Section 604.3. of this Ordinance: ' A. Home occupations (see Section 422 of this Ordinance); B. Family day-care (see Section 416 of this Ordinance); and, ' C. Accessory apartments (see Section 401 of this Ordinance). 207.16. Modifications of Design Standards ' 1. The Board of Supervisors may, by conditional use approval, permit the modification of the design standards in order to encourage the use of innovative design. A developer desiring to obtain such conditional use approval shall, when making application for conditional use approval for village development, as required by Section 207, also make application for conditional use approval under ' this section. The Board of Supervisors shall consider both conditional use approval requests simultaneously. Any conditional use to permit a modification of the design standards shall be subject to the following standards: ' A. Such modifications of design standards better serve the intended purposes of this Zone, as expressed in Section 207.1.; B. Such modifications of design standards would not result in adverse impact to ' adjoining properties, nor future inhabitants within the Village Overlay Zone development; C. Such modifications will not result in an increase in residential densities ' permitted for the site; and, D. The extent of modification provides the minimum amount of relief necessary ' to ensure compliance with the preceding criteria Section 207.16.1.A.-C. 1 I 1 FIB Article 2 Zone Regulations -75- Silver Spring Township Zoning Ordinance SECTION 210 NEIGHBORHOOD COMMERCIAL ZONE (G 1) 210.1. Purpose - The purpose of this Zone is to provide basic convenience commercial goods and services to local residents who are located at some distance from the Township's commercial concentrations along the Carlisle Pike. Uses have been limited to those that residents are likely to need on a daily or regular basis. Overall, retail size has been restricted to prevent the establishment of intensive commercial uses that exceed the local orientation of this Zone. Areas where this Zone occurs have been sized to permit a grouping of several businesses; lot sizes may vary depending upon the use of public utilities. These areas have been located amid the various residential concentrations to facilitate convenient access to these services without creating additional congestion to and from larger commercial centers. Strict design standards have been imposed to keep uses in this Zone compatible with nearby homes. 210.2. Permitted Uses 1. Offices; 2. Banks and similar financial institutions; 3. Restaurants, but not including drive-thru or fast-food restaurants, or nightclubs; 4. Retail sale and/or rental of goods, including convenience stores, provided the total sales and/or display area is less than three thousand six hundred (3,600) square feet; 5. Retail services, including barber/beauty salons, music, dance, art or photographic studios, repair of clocks and small appliances; 6. Medical or dental clinics; 7. Veterinary offices, provided no outdoor keeping of animals is permitted; 8. Public uses and public utilities structures excluding communication antennas, towers and equipment; 9. Shopping centers with any of those uses permitted in this section; 10. Dwellings subject to the requirements of the residential zone, which abuts the (C- 1) Zone in which the site is located; 11. Churches and related uses; 12. Recycling collection facilities, provided such facilities are sufficiently enclosed to prevent the scattering of debris, the materials collected are removed at regular intervals, the facility is posted to prohibit the disposal of any material, good, or furnishing that cannot be placed within the actual recycling bin, and the total size of the facility is less than three hundred (300) square feet; 13. Commercial day-care facilities, subject to the following: A. An outdoor play area shall be provided, at a rate of sixty-five (65) square feet per individual enrolled. Off-street parking compounds shall not be used as outdoor play areas. Outdoor play areas shall not be located within the front yard. Additionally, outdoor play areas shall be located and designed so as not to disrupt normal activities of adjoining uses permitted within the Zone and/or neighborhood. Outdoor play areas shall be completely enclosed by a minimum four (4) foot high fence, and screened from adjoining residentially-zoned properties. Any vegetative materials located within the outdoor play areas shall be of a nonharmful type (poisonous, thorny, allergenic, etc.). All outdoor Silver Spring Township Zoning Ordinance -76- Article 2 Zone Regulations J 1 F J 1 L? play areas must provide a means of shade, such as a shade tree(s) or pavilion(s); B. Enrollment shall be defined as the largest number of persons and/or children under day-care supervision at any one time during a seven-day period; C. Passenger "drop-off' and "pick-up" areas shall be provided on site and arranged so that the passengers do not have to cross traffic lanes on or adjacent to the site; D. One (1) off-street parking space shall be provided for each six (6) persons enrolled; and, E. All commercial day-care facilities shall obtain and maintain proper licensure from the Commonwealth of Pennsylvania; 14. Public and private schools (excluding vocational and mechanical trade schools), subject to the following: A. All off-street parking lots shall be set back twenty-five (25) feet and screened from adjoining property lines; B. All buildings shall be set back at least one hundred (100) feet from any adjoining land within a residential zone; C. If education is offered below the college level, an outdoor play area shall be provided, at a rate of sixty-five (65) square feet per individual enrolled. Off- street parking lots shall not be used as outdoor play areas. Outdoor play areas shall not be located within the front yard and must be set back twenty-five (25) feet from all property lines. Outdoor play areas shall be completely enclosed by a minimum four (4) foot high fence and screened from adjoining residentially-zoned properties. Any vegetative materials located within the outdoor play area shall be of a nonharmful type (poisonous, thorny, allergenic, etc.). All outdoor play areas must be provided a means of shade, such as shade tree(s) or pavilion(s); D. Enrollment shall be defined as the largest number of students on the site at any one time during a seven (7) day period; and, E. Passenger "drop-off"and "pick-up" areas shall be provided and arranged so that students do not have to cross traffic lanes on or adjacent to the site; 15. Dry cleaners, laundries and laundromats, subject to the following: A. Public sewer and public water shall be utilized, except for operations that only involve material pick-up and drop-off; B. All activities shall be conducted within a completely enclosed building; C. During operation or plant cleanup and maintenance, all windows and doors on walls facing adjoining residential zones shall be kept closed; D. Any exhaust ventilation equipment shall be directed away from adjoining residentially-zoned property; and, E. Self-service laundromats shall require one (1) off-street parking space for each two (2) washing machines; other laundry-related uses shall provide one (1) off-street parking space for each four hundred (400) square feet of gross floor area; 16. Forestry Activities; 17. Automobile filling stations (including minor incidental repair) (see Section 324); and, 18. Accessory uses customarily incidental to the above permitted uses. Article 2 Zone Regulations -77- Silver Spring Township Zoning Ordinance 210.3. 210.4. Lot Area, Lot Width, and Lot Coverage Reguirements2 - See the following table: Public Utilities Utilized Minimum Lot Area Minimum Lot Width Maximum Lot Coverage None 43,560 sq. ft.` 200 ft. 35% Public Water 32,670 sq. ft.* 150 ft. 45% Public Sewer 20,000 sq. ft. 125 ft. 50% Both Public Sewer and Public Water 15,000 sq. ft. 100 ft. 60% •The minimum required lot size may be increased to ensure an acceptable level of nitratatrogen in the adjoining goundwater; such determinations will be made by the PA DEP, through its sewer module review process (see Section 311). 2See Section 319 for Public Utilities Structures. Minimum Setback Requirements (Principal and Accessory Uses) 1. Front yard setback: Use Required Front Yard Setback from Local Road Required Front Yard Setback from Collector Road Required Front Yard Setback from Arterial Road Buildings and Structures, Excluding Signs 35 ft. 35 ft. 45 ft. Off-Street Parking 20 ft. 20 ft. 30 ft. Off-Street Loading 35 ft. 35 ft. 45 ft. Permitted Freestanding Signs 10 ft. 10 ft. 20 ft. Outdoor Storage Areas Not Permitted Not Permitted Not Permitted Outdoor Display Areas Not Permitted Not Permitted Not Permitted 2. Side yard setbacks - All buildings and structures shall be set back at least fifteen (15) feet from the side lot lines. Off-street parking lots and loading areas shall be set back at least ten (10) feet from the side lot lines, unless joint parking facilities are shared by adjoining uses. In such instances, one of the side yard setbacks can be waived solely for parking and/or loading facilities; 3. Rear yard setback - All buildings, structures, off-street parking lots, and loading areas shall be set back at least twenty (20) feet from the rear lot line; 4. Building separation setbacks - For multiple buildings contained on the same lot, there shall be provided a minimum of twenty-five (25) feet between the closest points of such buildings; and, 5. Residential buffer strip - Any lot adjoining land within a residential zone shall maintain a twenty-five (25) foot setback for nonresidential buildings, structures, off-street parking lots, and loading areas from the residentially-zoned parcels. Such areas shall be used for a landscape strip and screen. Silver Spring Township Zoning Ordinance -78- Article 2 Zone Regulations ' 6. Public Utilities Structures - See Section 319. 210.5. Maximum Permitted Height - Thirty-five (35) feet. See Section 319 for Public ' Utilities Structures. 210.6. Signs - Signs shall be permitted as specified in Section 313 of this Ordinance. 210.7. Screening A visual screen must be provided along any adjoining lands within a residential zone, regardless of whether or not the residentially-zoned parcel is ' developed. ' 210.8. Landscaping - Any portion of the site not used for buildings, structures, parking lots, loading areas, outdoor storage areas, and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings. A minimum ten (10) foot wide landscape strip shall be provided along all property lines. Such landscape strip can be waived for that portion of the site occupied by a joint ' parking lot and/or loading area shared by adjoining uses. 210.9. Waste Products - Dumpsters may be permitted within the side or rear yard, provided such dumpsters are screened from any adjoining roads and/or properties. All dumpsters shall be set back a minimum of twenty-five (25) feet from all lot lines, and fifty (50) feet from any adjoining residentially-zoned properties. All waste receptacles shall be ' completely enclosed within a "sight tight" masonry or framed enclosure with a self- closing door or gate. All uses shall comply with Section 302.4. of this Ordinance. r, 11 210.10. Commercial Operations Standards - All commercial operations shall be in compliance with any Commonwealth of Pennsylvania and/or Federal government regulations, as required by the most recent regulations made available from these governmental bodies. 210.11. Outdoor Storage or Display -Within this Zone, no outdoor storage or display is permitted. 210.12. All uses permitted within this Zone shall also comply with the applicable General Provisions in Article 3 of this Ordinance. Article 2 Zone Regulations -79- Silver Spring Township Zoning Ordinance SECTION 211 COMMUNITY COMMERCIAL ZONE (C-2) 211.1. Purpose - This Zone provides for large-scale retail, entertainment, and service uses within the Township. Uses within this Zone are meant to draw upon a Township-wide and regional market. Furthermore, certain tourism-related uses are also permitted, that cater to those visiting or passing through the Township. The types of uses permitted, and the accompanying design standards, reflect the scale of development already existing within these areas. The minimum lot size is intended to encourage larger single uses and an integration of several smaller ones. Areas designated for this Zone are characterized with superior vehicular access and/or existing large-scale commercial development. Finally, design standards are imposed to create an attractive, well- landscaped setting with abundant convenient parking. 211.2. Permitted Uses 1. Offices; 2. Banks and similar financial institutions; 3. Restaurants and taverns (including drive-thru and fast-food restaurants, but not including nightclubs); 4. Retail sales of goods and services (including auto parts without installation or repair services); 5. Indoor theaters and auditoriums; 6. Fast-food restaurants, if within an enclosed mall building and no direct outside customer access to the restaurant is provided; 7. Hotels, motels and similar lodging facilities; 8. Public uses and public utilities structures excluding communication antennas, towers, and equipment; 9. Churches and related uses; 10. Health and fitness clubs, subject to the following criteria: A. Off-street parking shall be provided as required by the combination of elements comprising the health club, including accessory uses; B. All outdoor recreation facilities shall be set back at least fifty (50) feet from the street right-of-way line, and twenty-five (25) feet from all other lot lines, and one hundred (100) feet from any residentially-zoned properties; C. Any accessory eating, or retail use, shall not be directly accessible without passing through the main clubhouse building; and, D. The applicant shall furnish expert evidence that all lighting of outdoor recreation areas has been arranged to prevent glare on adjoining properties and streets; 11. Forestry Activities; 12. Automobile parts store and automobile service and repair facilities if accessory to a department or variety store (see Section 322); 13. Home improvement and building supply stores (see Section 335); 14. Automobile filling stations, including minor incidental repair (see Section 324); 15. Amusement arcades (see Section 321); 16. Drive-thru and/or fast-food restaurants (see Section 330); 17. Commercial recreation facilities (see Section 329); and 18. Accessory uses customarily incidental to the above permitted uses. Silver Spring Township Zoning Ordinance -80- Article 2 Zone Regulations 211.3. Conditional Uses (Subject to the requirements listed in Section 704 of this ' Ordinance.) 1. Shopping centers or malls with any of those uses permitted within this Zone (see ' Section 436); 2. Nightclubs (see Section 426); and, 3. Commercial Day-Care Facilities (see Section 328). 211.4. Minimum Lot Area Requirements - Unless otherwise specified, each use within this Zone shall have a minimum lot size of one (1) acre. For the purposes of this section, a " " use can include several businesses that are developed in a coordinated fashion (e.g., joint parking lots, access drives, loading areas, landscaping, signage, etc.) that functions as one development site and satisfies all of those requirements imposed upon this Zone. ' See Section 319 for Public Utilities Structures. 211.5. Required Public Utilities - All uses permitted within this zone where actual or projected sewage flows equal or exceed 1125 gallons/day shall require the use of public sewer and public water. ' 211 6 Mi . . nimum Lot Width - Two hundred fifty (250) feet. See Section 319 for Public Utilities Structures. 21 1.7. Minimum Lot Depth - Two hundred fifty (250) feet. See Section 319 for Public Utilities Structures. t 1 1 1 211.8. Maximum Lot Coverag - Sixty percent (60%); however, lot coverage can be increased subject to the requirements of Section 317 of this Ordinance. 211.9. Minimum Setback Reguirements2 (Principal and Accessory Uses) Front yard setback: Use Required Front Yard Setback from Local Road Required Front Yard Setback from Collector Road Required Front Yard Setback from Arterial Road Buildings and Stuctures, Excluding Signs 50 ft. 50 ft. 50 ft. Off-Street Parking 20 ft. 30 ft. 30 ft. Off-Street Loading Not permitted in front yard. Not permitted in front yard. Not permitted in front yard. Outdoor Storage Areas Not Permitted Not Permitted Not Permitted Outdoor Display Areas Not Permitted Not Permitted Not Permitted *Properties within this Zone are also subject to required setbacks from the Carlisle Pike listed in Section 303.3. of this Ordinance. "See Section 319 for Public Utilities Structures Article 2 2. Side yard setbacks - All buildings and structures shall be set back at least twenty- five (25) feet from the side lot lines. Off-street parking lots and loading areas shall be set back at least fifteen (15) feet from the side lot lines, unless joint parking Zone Regulations -81- Silver Spring Township Zoning Ordinance facilities are shared by adjoining uses. In such instances, one of the side yard setbacks can be waived solely for parking and/or loading facilities; 3. Rear yard setback - All buildings, structures and off-street loading areas shall be set back at least thirty-five (35) feet from the rear lot line. All parking lots shall be set back at least twenty-five (25) feet from the rear lot line; 4. Building separation setbacks - For multiple buildings contained on the same lot, there shall be provided a minimum of twenty-five (25) feet between the closest points of such buildings; and, 5. Residential buffer strip - Any lot adjoining land within a residential zone shall maintain a fifty (50) foot setback between buildings, structures, off-street parking lots and loading areas, and the residentially-zoned parcels. Such areas shall be used for a landscape strip. 211.10. Maximum Permitted Height- Thirty-five (35) feet. 211.11. Signs -Signs shall be permitted as specified in Section 313 of this Ordinance. 211.12. Screening - Screening must be provided along any adjoining lands within a residential zone, regardless of whether or not the residentially-zoned parcel is developed. 211.13. Landscaping - Any portion of the site not used for buildings, structures, parking compounds, loading areas, outdoor storage areas, and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings. A minimum fifteen (15) foot wide landscape strip shall be provided along all property lines. Such landscape strip can be waived for that portion of the site occupied by a joint parking lot and/or loading area shared by adjoining uses. 211.14. Waste Products - Dumpsters used for domestic garbage may be permitted within the side or rear yard, provided such dumpsters are screened from any adjoining roads or properties. All dumpsters shall be set back a minimum of twenty-five (25) feet from all lot lines, and fifty (50) feet from any adjoining residentially-zoned properties, and shall be completely enclosed within a masonry or fenced enclosure equipped with a self- latching gate. All uses shall comply with Section 302.4. of this Ordinance. 211.15. Commercial Operations Standards - All commercial operations shall be in compliance with any Commonwealth of Pennsylvania and/or Federal government regulations, as required by the most recent regulations made available from these governmental bodies. 211.16. Outdoor Storage and Display - Within this Zone, no outdoor storage nor display shall be permitted, except as that authorized in Section 335 of this Ordinance. 211.17. All uses permitted within this Zone shall also comply with all applicable General Provisions in Article 3 of this Ordinance. Silver Spring Township Zoning Ordinance -82- Article 2 Zone Regulations t SECTION 212 HIGHWAY COMMERCIAL ZONE (G3) 212.1. Purpose - This Zone provides suitable locations for highway-oriented retail, service and entertainment businesses. The uses often involve outdoor activities and/or storage areas, like automobile, boat and trailer sales, and service establishments. The uses provided in this Zone are meant to serve local residents, as well as those motorists passing through the Township. Access to these areas is provided by adjoining major roads. Specific setbacks are imposed upon outdoor storage areas to protect adjoining properties, and landscaping requirements should help to create an attractive site appearance. Finally, certain design incentives are provided for integrated uses that share access, parking, loading, signage, etc. 212.2. Permitted Uses i? 1 t ii 1. Offices; 2. Banks and similar financial institutions; 3. Restaurants and taverns (including drive-thru and fast-food restaurants, but not including nightclubs); 4. Retail sale of goods and services, including, but not limited to, auto parts stores, without installation; 5. Hotels, motels and similar lodging facilities; 6. Automobile sales; 7. Indoor theaters and auditoriums; 8. Shops for contractors of plumbing, heating, air conditioning, electrical, roofing, flooring, glass and windows, insulation, carpentry and cabinet-making, and other structural components of buildings; 9. Public uses and public utilities structures excluding communications antennas, towers, and equipment; 10. Public, private and commercial schools (excluding vocational and mechanical trade schools); 11. Dry cleaners, laundries and laundromats; 12. Churches and related uses; 13. Funeral homes, mortuaries and crematoriums; 14. Indoor commercial recreation uses, such as billiard or pool parlors, bowling alleys, indoor pools and skating rinks, but excluding amusement arcades; 15. Health and fitness clubs, subject to the following criteria: A. Off-street parking shall be provided as required by the combination of elements comprising the health club, including accessory uses; B. All outdoor recreation facilities shall be set back at least fifty (50) feet from the street right-of-way line, and twenty-five (25) feet from all other lot lines, and one hundred (100) feet from any residentially-zoned properties; C. Any accessory eating, or retail use, shall not be directly accessible without passing through the main clubhouse building; and, D. The applicant shall furnish expert evidence that all lighting of outdoor recreation areas has been arranged to prevent glare on adjoining properties and streets; Article 2 Zone Regulations -83- Silver Spring Township Zoning Ordinance 16. Commercial day-care facilities, subject to the following: A. An outdoor play area shall be provided, at a rate of sixty-five (65) square feet per individual enrolled. Off-street parking compounds shall not be used as outdoor play areas. Outdoor play areas shall not be located within the front yard. Additionally, outdoor play areas shall be located and designed so as not to disrupt normal activities of adjoining uses permitted within the Zone and/or neighborhood. Outdoor play areas shall be completely enclosed by a minimum four (4) foot high fence, and screened from adjoining residentially- zoned properties. Any vegetative materials located within the outdoor play areas shall be of a nonharmful type (poisonous, thorny, allergenic, etc.). All outdoor play areas must provide a means of shade, such as a shade tree(s) or pavilion(s); B. Enrollment shall be defined as the largest number of persons and/or children under day-care supervision at any one time during a seven-day period; C. Passenger "drop-off' and "pick-up" areas shall be provided on site and arranged so that the passengers do not have to cross traffic lanes on or adjacent to the site; D. One (1) off-street parking space shall be provided for each six (6) persons enrolled; and, E. All commercial day-care facilities shall obtain and maintain proper licensure from the Commonwealth of Pennsylvania; 17. Forestry Activities; 18. Amusement arcades (see Section 321); 19. Automobile filling stations (including minor incidental repair) (see Section 324); 20. Automobile, service and repair facilities, including, but not limited to, auto mechanics, drive-thru lubrication services and tire, auto paint, brake, muffler, transmission, windshield, auto body, car radio, and upholstery shops (see Section 323); 21. Car washes (see Section 326); 22. Commercial recreation facilities (see Section 329); 23. Drive-thru and/or fast-food restaurants (see Section 330); 24. Farmers and/or flea markets (see Section 332); and 25. Mini-warehouses (see Section 336). 26. Accessory uses customarily incidental to the above permitted uses. 212.3. Conditional Uses (Subject to the requirements listed in Section 704 of this Ordinance.) 1. Nightclubs (see Section 426); 2. Shopping centers or malls involving any use permitted in this Zone (see Section 436); 3. Bus, boat, farm and excavation machinery, mobile home, and trailer sales (see Section 445); and, 4. Bus, boat, motorcycle, snowmobile, trailer, truck, farm and excavation machinery, and mobile home service and repair facilities (see Section 446). Silver Spring Township Zoning Ordinance -84- Article 2 Zone Regulations IL] 1 212.4. Lot Area, Lot Width and Lot Coverage Requirements - See the following table: Minimum Lot Area Minimum Lot Width Maximum Lot Coverage 15,000 sq. ft. 100 ft. 60%' 'Lot coverage can be increased subject to the requirements of Section 317 of this Ordinance. 212.5. Required Public Utilities - All uses permitted within this zone where actual or ' projected sewage flows equal or exceed 1125 gallons/day shall require the use of public sewer and public water. I 212.6. Minimum Setback Requirements 1 Fi Front yard setback: Required Required Required Front Yard Setback Front Yard Setback Front Yard Setback Use from Local Road from Collector Road from Arterial Road Buildings and Structures, Including Signs 35 ft. 45 ft. 45 ft. Off-Street Parking 20 ft. 30 ft. 30 ft. Off-Street Loading Not permitted Not permitted Not permitted in front yard. in front yard, in front yard. Outdoor Storage Areas Not permitted Not permitted Not permitted in front yard. in front yard. in front ard. Outdoor Display Areas 20 ft. 30 ft. 30 ft. 'Properties within this Zone are also subject to required setbacks from the Carlisle Pike listed in Section 303.3. of this Ordinance. 2. Side yard setbacks - All buildings and structures shall be set back at least fifteen (15) feet from the side lot lines. Off-street parking lots, loading areas, and outdoor storage areas shall be set back at least ten (10) feet from the side lot lines, unless joint parking facilities are shared by adjoining uses. In such instances, one of the side yard setbacks can be waived solely for parking and/or loading facilities; 3. Rear yard setback - All buildings, structures, off-street parking lots, loading areas, and outdoor storage areas shall be set back at least twenty (20) feet from the rear lot line; 4. Building separation setbacks - For multiple buildings contained on the same lot, there shall be provided a minimum of twenty-five (25) feet between the closest points of such buildings; and, 5. Residential buffer strip - Any lot adjoining land within a residential zone shall maintain a thirty-five (35) foot setback for nonresidential buildings, structures, Article 2 Zone Regulations -85- Silver Spring Township Zoning Ordinance off-street parking lots, loading areas, and outdoor storage areas from the residentially-zoned parcels. Such areas shall be used for a landscape strip and screen. 212.7. Maximum Permitted Height - Thirty-five (35) feet. 212.8. Signs - Signs shall be permitted as specified in Section 313 of this Ordinance. 212.9. Screening - A visual screen must be provided along any adjoining lands within a residential zone, regardless of whether or not the residentially-zoned parcel is developed. --212.10. Landscaping - Any portion of the site not used for buildings, structures, parking lots, loading areas, outdoor storage areas, and sidewalks shall be maintained with a - vegetative ground cover and other ornamental plantings. 212.11. Waste Products - Dumpsters may be permitted within the side or rear yard, provided -" such dumpsters are screened from any adjoining roads or properties. All dumpsters shall be set back a minimum of twenty-five (25) feet from all lot lines, and fifty (50) feet from any adjoining residentially-zoned properties, and shall be completely contained within a masonry or fenced enclosure equipped with a self-latching gate. All uses shall comply with Section 302.4. of this Ordinance. _ 212.12. Commercial Operations Standards - All commercial operations shall be in compliance with any Commonwealth of Pennsylvania and/or Federal government regulations, as required by the most recent regulations made available from these governmental bodies. 212.13. Outdoor Storage and Display - Within this Zone, outdoor storage is permitted, provided all outdoor storage areas are screened from adjoining roads and properties, and the outdoor storage areas comply with the setbacks imposed within this section. Outdoor display areas need not be screened from adjoining roads, if they are located within the front yard. 212.14. All uses permitted within this Zone shall also comply with all applicable General Provisions in Article 3 of this Ordinance. Silver Spring Township Zoning Ordinance -86- Article 2 Zone Regulations 1 I J 1 SECTION 220 PROFESSIONAL OFFICE ZONE (O) 220.1. Purpose - This Zone accommodates corporate, and business offices that are larger than smaller personal service offices. Minimum building sizes have been prescribed to assure desired office types. This Zone is located between industrial sites permitting manufacturing, and nearby residences; therefore, it is designed to act as a buffer between these different uses. Design standards imposed seek to create a serene office campus that is free from other industrial and commercial impacts. 220.2. Permitted Uses 1. Agriculture, including one single-family detached dwelling contained on the site, subject to the requirements of Section 201 of this Ordinance; 2. Offices, banks and similar financial institutions, provided that each building shall contain at least ten thousand (10,000) square feet, and further provided that any space owned or leased that contains less than ten thousand (10,000) square feet shall have no direct means of exterior access, except emergency access if required; 3. Commercial day-care facilities, subject to the following: A. An outdoor play area shall be provided, at a rate of sixty-five (65) square feet per individual enrolled. Off-street parking compounds shall not be used as outdoor play areas. Outdoor play areas shall not be located within the front yard. Additionally, outdoor play areas shall be located and designed so as not to disrupt normal activities of adjoining uses permitted within the Zone and/or neighborhood. Outdoor play areas shall be completely enclosed by a minimum four (4) foot high fence, and screened from adjoining residentially- zoned properties. Any vegetative materials located within the outdoor play areas shall be of a nonharmful type (poisonous, thorny, allergenic, etc.). All outdoor play areas must provide a means of shade, such as a shade tree(s) or pavilion(s); B. Enrollment shall be defined as the largest number of persons and/or children under day-care supervision at any one time during a seven-day period; C. Passenger "drop-off' and "pick-up" areas shall be provided on site and arranged so that the passengers do not have to cross traffic lanes on or adjacent to the site; D. One (1) off-street parking space shall be provided for each six (6) persons enrolled; and, E. All commercial day-care facilities shall obtain and maintain proper licensure from the Commonwealth of Pennsylvania; 4. Commercial health, fitness and/or therapy centers, provided that each building shall contain at least ten thousand (10,000) square feet, and further provided that any space owned or leased that contains less than ten thousand (10,000) square feet shall have no direct means of exterior access, except emergency access if required; 5. Public uses and public utilities structures excluding communications antennas, towers, and equipment; 6. Forestry Activities; and, 7. Accessory uses customarily incidental to the above permitted uses. Article 2 Zone Regulations -87- Silver Spring Township Zoning Ordinance 1 220.3. Conditional Uses (See Section 704.) 1. Hotels and related uses (see Section 423). 220.4. Required Public Utilities - All uses permitted within this zone where sewage flows (actual or projected) equal or exceed 1125 gallons/day shall require the use of public sewer and public water. 220.5. Minimum Lot Area Requirements - One acre (43,560 square feet). See Section 319 for Public Utilities Structures. 220.6. Minimum Lot Width - One hundred fifty (150) feet. See Section 319 for Public Utilities Structures. 220.7. Maximum Lot Coverage - Sixty percent (60%); however, lot coverage can be increased subject to the requirements of Section 317 of this Ordinance. 220.8. Minimum Setback Reguirements2 (Principal and Accessory Uses) 1. Front yard setback: Required Required Required Front Yard Setback Front Yard Setback Front Yard Setback Use from Local Road from Collector Road from Arterial Road Buildings and Structures, Excluding Signs 50 ft. 50 ft. 50 ft. Off-Street Parking 20 ft. 30 ft. 30 ft. Not permitted Not permitted Not permitted Off-Street Loading in front yard. in front yard. in front yard. Outdoor Storage Areas Not Permitted Not Permitted Not Permitted utdoor Display Areas Not Permitted Not Permitted Not Permitted "Properties within this Zone are also subject to required setbacks from the Carlisle Pike listed in Section 303.3. of this Ordinance. 'See Section 319 for Public Utilities Structures. 2. Side yard setbacks - All buildings and structures shall be set back at least twenty- five (25) feet from the side lot lines. Off-street parking lots, and loading areas shall be setback at least fifteen (15) feet from the side lot lines, unless joint parking facilities are shared by adjoining uses. In such instances, one of the side yard setbacks can be waived solely for parking facilities; 3. Rear yard setback - All buildings and structures shall maintain a thirty-five (35) foot rear yard setback; off-street parking lots and loading areas shall be set back at least twenty (20) feet from the rear lot line; Silver Spring Township Zoning Ordinance -88- Article 2 Zone Regulations Cl 4. Building se aration setbacks - For multiple buildings contained on the same lot, ' there shall be provided a minimum of twenty-five (25) feet between the closest points of such buildings; and, 5. Residential buffer strip - Any lot adjoining land within a residential zone shall maintain a thirty-five (35) foot setback for buildings, structures, and off-street loading areas, and a twenty-five (25) foot setback for off-street parking lots from ' the residentially-zoned parcels. ' 220.9. Maximum Permitted Height - Sixty (60) feet, provided that for each one (1) foot above thirty-five (35) feet, there shall be an additional two (2) feet of required setback from all property lines. ' 220.10. Sims - Signs shall be permitted as specified in Section 313 of this Ordinance. 220.11. Screening - A visual screen must be provided along any adjoining lands within a residential zone, regardless of whether or not the residentially-zoned parcel is developed. I 220.12. Landscaping - Any portion of the site not used for buildings, structures, parking compounds, loading areas, outdoor storage areas, and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings. A minimum fifteen (15) foot landscape strip shall be provided along property lines. 220.13. Waste Products - Storage of industrial waste materials shall not be permitted, except within an enclosed building. Dumpsters used for domestic garbage may be permitted within the side or rear yard, provided such dumpsters are screened from any adjoining roads or properties. Such dumpsters shall not be used for industrial wastes. All dumpsters shall be set back twenty-five (25) feet from all lot lines and fifty (50) feet from any adjoining residentially-zoned property. All trash dumpsters shall be located within a side or rear yard, screened from adjoining roads or properties, and completely enclosed within a masonry or fenced enclosure equipped with a self-latching door or gate. All uses shall comply with Section 302.4. of this Ordinance. 220.14. Outdoor Storage - No outdoor storage is permitted. 220.15. All uses permitted within this Zone shall also comply with all applicable General Provisions in Article 3 of this Ordinance. Article 2 Zone Regulations -89- Silver Spring Township Zoning Ordinance SECTION 221 LIGHT INDUSTRIAL ZONE (I.1) 221.1. Purpose - This Zone provides for small-scale, light industrial uses. In addition, wholesale businesses involving substantial outdoor storage of unfinished materials are also permitted. Generally, the uses cited attempt to create and sustain a distinct light industrial character that differs from the heavier industries and high traffic-generating commercial uses. Appropriate design standards have been imposed to prevent the blighted and over-developed small-scale industrial concentrations, characteristic of the older, small-scale industries. 221.2. Permitted Uses 1. Agricultural, subject to the standards listed in Section 201 of this Ordinance; 2. Laboratories for medical, scientific, or industrial research and development; 3. Manufacturing, packaging, and associated storage and/or wholesaling of the following: A. Furniture, cabinets, fixtures, office supplies, floor and ceiling materials, and other household appointments; B. Scientific, specialized and technical instruments and equipment; C. Hardware and software for audio-video components, computers, vending machines and video games; D. Finished textile products; E. Brushes, brooms and combs; F. Hot tubs, spas, saunas and swimming pools; G. Jewelry, and other precious metals; H. Photographic, lighting and timekeeping equipment; 1. Small household appliances, excluding major appliances; J. Musical instruments and sporting equipment; K. Cosmetics, toiletries and pharmaceuticals; L. Optical, dental, and medical supplies and equipment; and, M. Small or novelty products from prepared materials (excluding the use of sheet metals). 4. Processing, packaging, storage and/or wholesaling of food products excludinP: A. Breweries and distilleries; B. Pickling processes; C. Rendering or slaughtering operations; and, D. Sugar refineries. 5. Storage and/or wholesaling of the following, provided the site is set back no less than five hundred (500) feet from the closest residentially-zoned property: A. Home and auto-related fuels; B. Nursery and garden materials, and stock; C. Contractor supplies; and, D. Plumbing, heating, air conditioning, electrical, and other structural components of buildings; -- 6. Photocopying, bookbinding, printing, and publishing operations; 7. Machine shops; 8. Repair shops for products permitted to be manufactured in this Zone; 9. Small engine repair shops; Silver Spring Township Zoning Ordinance -90- Article 2 Zone Regulations 10. Welding shops; 11. Sign-makers; 12. Offices; 13. Public uses and public utilities excluding communication antennas, towers, and equipment; 14. Agricultural support businesses, including: A. Facilities for the commercial processing, and warehousing of agricultural products; B. Facilities for the warehousing, sales, and service of agricultural equipment, vehicles, feed, or supplies; and, C. Veterinary offices, animal hospitals, or kennels; 15. Vocational and mechanical trade schools; 16. Forestry Activities; 17. Mini-warehouses (see Section 336); 18. Commercial day-care facilities (see Section 328); and, 19. Accessory uses customarily incidental to the above permitted uses, including accessory retail sales of products produced on-site, so long as the sales area is no more than ten percent (10%) of the total building area or three thousand (3,000) square feet, whichever is less. 221.3 Conditional Uses (Subject to the requirements listed in Section 704 of this Ordinance.) 1. Recycling facilities for paper, plastic, glass and metal products (see Section 443); 2. Automobile Sales, automobile service and repair facilities (see Section 440). 221.4. Required Public Utilities - All uses permitted within the zone where sewage flows (actual or projected) equal or exceed 1125 gallons/day shall require the use of public sewer and water. 221.5. Lot Area Requirements - Unless otherwise specified, each use within this Zone shall have a minimum lot size of twenty thousand (20,000) square feet. See Section 319 for Public Utilities Structures. 221.6. Minimum Lot Width - One hundred (100) feet. See Section 319 for Public Utilities Structures. 221.7. Maximum Lot Coverage - Sixty percent (60%); however, lot coverage can be increased subject to the requirements of Section 317 of this Ordinance. Article 2 Zone Regulations -91- Silver Spring Township Zoning Ordinance 221.8. Minimum Setback Reguirements2 (Principal and Accessory Uses) 1. Front yard setback: Required Required Required Front Yard Setback Front Yard Setback Front Yard Setback Use from Local Road from Collector Road from Arterial Road Buildings and Structures, Excluding Sign 50 ft. 50 ft. 50 ft. Off-Street Parking 20 ft. 30 ft. 30 ft. Not permitted Not permitted Not permitted Off-Street Loading in front yard. in front yard. in front yard. Not permitted Not permitted Not permitted Outdoor Storage Areas in front yard. in front yard. in front yard. tdoor Display Areas 20 ft. 30 ft. 30 ft. 'Properties within this Zone are also subject to required setbacks from the Carlisle Pike listed in Section 303.3. of this Ordinance. =See Section 319 for Public Utilities Structures. 2. Side yard setbacks - All buildings and structures shall be set back at least twenty- five (25) feet from the side lot lines. Off-street parking lots, loading areas, and outdoor storage areas shall be set back at least fifteen (15) feet from the side lot lines, unless joint parking facilities are shared by adjoining uses. In such instances, one of the side yard setbacks can be waived solely for parking facilities; 3. Rear yard setback - All buildings and structures shall maintain a twenty-five (25) foot rear yard setback; off-street parking lots, loading areas, and outdoor storage areas shall be set back at least fifteen (15) feet from the rear lot line; 4. Building separation setbacks - For multiple buildings contained on the same lot, there shall be provided a minimum of twenty-five (25) feet between the closest points of such buildings; and, 5. Residential buffer strip - Any lot adjoining land within a residential zone shall maintain a fifty (50) foot setback for buildings, principally used as a residence and/or structures, off-street parking lots, loading areas, and outdoor storage areas from the residentially-used and/or zoned parcels. 221.9. Maximum Permitted Height - Forty-five (45) feet, provided that no habitable space be located above thirty-five (35) feet, and that all structures exceeding thirty-five (35) feet in height shall be set back a distance at least equal to their height from each property line. 221.10. Signs - Signs shall be permitted as specified in Section 313 of this Ordinance. 221.11. Screening - A visual screen must be provided along any adjoining lands within a residential zone, regardless of whether or not the residentially-zoned parcel is developed. Silver Spring Township Zoning Ordinance -92- Article 2 Zone Regulations 1 1 1 I 1 1 L_I 221.12. Landscaping - Any portion of the site not used for buildings, structures, parking compounds, loading areas, outdoor storage areas, and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings. A minimum fifteen (15) foot landscape strip shall be provided along property lines. 221.13. Waste Products - Storage of industrial waste materials shall not be permitted, except within an enclosed building. Dumpsters used for domestic garbage may be permitted within the side or rear yard, provided such dumpsters are screened from any adjoining roads or properties. Such dumpsters shall not be used for industrial wastes. All dumpsters shall be set back twenty-five (25) feet from all lot lines and fifty (50) feet from any adjoining residentially-zoned property. All trash dumpsters shall be located within a side or rear yard, screened from adjoining roads or properties, and completely enclosed within a masonry or fenced enclosure equipped with a self-latching door or gate. All uses shall comply with Section 302.4. of this Ordinance. 221.14. Industrial Operations Standards - All industrial operations shall be in compliance with any Commonwealth of Pennsylvania and/or Federal government regulations, as required by the most recent regulations made available from these governmental bodies. (See Section 315 for a partial listing.) 221.15. Outdoor Storage and Display - Within this Zone, outdoor storage is permitted, provided all outdoor storage areas are screened from adjoining roads and properties, and the outdoor storage areas comply with the setbacks imposed within this section. Outdoor display areas need not be screened from adjoining roads, if they are located within the front yard. 221.16. All uses permitted within this Zone shall also comply with all applicable General Provisions in Article 3 of this Ordinance. Article 2 Zone Regulations -93- Silver Spring Township Zoning Ordinance 1 SECTION 222 GENERAL INDUSTRIAL ZONE (I.2) 222.1. Purpose - This Zone provides for a wide range of industrial activities that contribute to the well-being of the Township by diversifying its economy and providing valuable employment opportunities. The required lot sizes have been kept small to accommodate the start-up industries that are likely to emerge; however, larger and heavier industries have also been permitted. This Zone provides for light industrial uses as permitted by right, but requires obtainment of a conditional use for heavier and potentially more- objectionable types of industrial uses. These areas have been located near existing public utility service areas and along major roads. Design standards have been imposed to create attractive site designs and moderate the objectionable impacts associated with industrial uses. Substantial setbacks are used to protect adjoining residences. 222.2. Permitted Uses 1. Agricultural, subject to the standards listed in Section 201 of this Ordinance; 2. Laboratories for medical, scientific, or industrial research and development; 3. Manufacturing, packaging, and associated storage and/or wholesaling of the following: A. Furniture, cabinets, fixtures, office supplies, floor and ceiling materials, and other household appointments; B. Scientific, specialized and technical instruments and equipment; C. Hardware and software for audio-video components, computers, vending machines, electronic equipment and video games; D. Finished textile products; E. Brushes, brooms and combs; F. Hot tubs, spas, saunas, and swimming pools; G. Jewelry, and other precious metals; H. Photographic, lighting and timekeeping equipment; 1. Small household appliances, excluding major appliances; J. Musical instruments and sporting equipment; K. Cosmetics, toiletries and pharmaceuticals; L. Optical, dental, and medical supplies and equipment; and, M. Small or novelty products from prepared materials (excluding the use of sheet metals). . 4. Processing, packaging, and associated storage and/or wholesaling of food products excluding: A. Breweries and distilleries; B. Pickling processes; C. Rendering or slaughtering operations; and, D. Sugar refineries. 5. Photocopying, bookbinding, printing, and publishing operations; 6. Machine shop; 7. Repair shops for products permitted to be manufactured in this Zone; 8. Small engine repair shops; 9. Welding shops; 10. Sign-makers; 11. Offices; Silver Spring Township Zoning Ordinance -94- Article 2 Zone Regulations 12. Public uses and public utilities excluding communication antennas, towers, and equipment; 13. Agricultural support businesses, including: A. Facilities for the commercial processing, and warehousing of agricultural products; B. Facilities for the warehousing, sales, and service of agricultural equipment, vehicles, feed, or supplies; 1 C. Commercial stockyards, or feedlots; and, D. Veterinary offices, animal hospitals, or kennels. ' 14. 15. Vocational and mechanical trade schools; Forestry Activities; 16. Warehousing and wholesale trade establishments (see Section 343); 17. 18. Billboards (see Section 325); Mini-warehouses (see Section 336); 19. Wholesale produce and tobacco auctions (see Section 344); 20. Commercial day-care facilities (see Section 328); and, 21. Accessory uses customarily incidental to the above permitted uses, including accessory retail sales of products produced on-site so long as the sales area is no more than ten percent (10%) of the total building area or three thousand (3,000) square feet, whichever is less. 222.3. Conditional Uses (Subject to the requirements listed in Section 704 of this Ordinance.) 1. Truck or motor freight terminals (see Section 437); 2. Communication antennas, towers and equipment (see Section 412); 3. Principal waste handling facilities (see Section 430); 4. Adult-related uses (see Section 402); 5. Junkyards (see Section 424); 6. Commercial stockyards and/or feedlots (see Section 411); 7. Truck stops (see Section 438); ' 8. Slaughtering, processing, rendering, and packaging of food products and their by- products (see Section 439); 9. Automobile Sales, automobile service, and repair facilities (see Section 440); 10. Sales, storage and/or wholesaling of the following: A. Home and auto-related fuels; ' B. Nursery and garden materials, and stock; C. Contractor supplies; and, D. Plumbing, heating, air conditioning, electrical, and other structural components of buildings (see Section 415). 11. Heavy industrial uses involving processing, packaging, production, repair or testing of materials, goods and products, including those industries performing conversion, assembly, or non-toxic chemical operations (see Section 441); 12. Heavy equipment sales, service and repair, such as excavation machinery, commercial trucks, buses, farm equipment, mobile homes, trailers, and other ' similar machinery (see Section 442); 13. Recycling facilities for paper, plastic, glass and metal products (see Section 443); and, i Article 2 Zone Regulations -95- Silver Spring Township Zoning Ordinance 14. Off-track betting parlors (see Section 444). 222.4. Required Public Utilities - All uses permitted within this zone where sewage flows (actual or projected) equal or exceed 1125 gallons/day shall require the use of public sewer and water. 222.5. Lot Area Requirements - Unless otherwise specified, each use within this Zone shall have a minimum lot size of forty-three thousand, five hundred sixty (43,560) square feet. See Section 319 for Public Utilities Structures. 222.6. Minimum Lot Width - Two hundred (200) feet. See Section 319 for Public Utilities Structures. 222.7. Maximum Lot Coverage - Sixty percent (60%); however, lot coverage can be increased subject to the requirements of Section 317 of this Ordinance. 222.8. Minimum Setback Reauirements2 (Principal and Accessory Uses) 1. Front yard setback: Required Required Required Front Yard Setback Front Yard Setback Front Yard Setback Use from Local Road from Collector Road from Arterial Road Buildings and Structures, Excluding Signs 50 ft. 50 ft. 50 ft. Off-Street Parking 20 ft. 30 ft. 30 ft. Off-Street Loading Not permitted Not permitted Not permitted in front yard. in front yard. in front yard. Outdoor Storage Areas Not permitted Not permitted Not permitted in front yard. in front yard. in front yard. Outdoor Display Areas 20 ft. 30 ft. 30 ft. *Properties within this Zone are also subjecto required setbacks from the Carlisle Pike listed in Section 303.3. of this Ordinance. 2See Section 319 for Public Utilities Structures. 2. Side yard setbacks - All buildings, structures (except permitted signs) and off-street loading areas shall be set back at least thirty (30) feet from any side property lines. All outdoor storage areas and off-street parking lots shall be set back at least twenty (20) feet from any side lot lines, unless joint parking lots and/or loading areas are shared by adjoining uses. In such instances, one of the side yard setbacks can be waived solely for parking and/or loading facilities; 3. Rear yard setback - All buildings, structures, and off-street loading areas shall be set back at least thirty-five (35) feet from any rear property lines. All outdoor storage areas and off-street parking lots shall be set back at least twenty-five (25) feet from any rear lot lines; 4. Building separation setbacks - For multiple buildings contained on the same lot, there shall be provided a minimum of twenty-five (25) feet between the closest points of such buildings; and, Silver Spring Township Zoning Ordinance -96- Article 2 Zone Regulations 5. Residential buffer strip - Any use adjoining land principally used as a residence and/or within a residential zone, or across a road from land within a residential zone, shall maintain a seventy-five (75) foot setback for buildings, structures, dumpsters, outdoor storage areas, and off-street loading areas from the residential lot and/or zone. Off-street parking lots shall be set back at least fifty (50) feet from adjoining residentially-zoned properties. All of these setback areas shall be devoted to landscaping (see Section 611 of the Subdivision and Land Development Ordinance). 222.9. Maximum Permitted Structural Height - The height of any principal or accessory structure shall not exceed forty-five (45) feet, except that chimneys, flagpoles, water tanks, and other mechanical appurtenances may be built to a height not exceeding seventy-five (75) feet above the finished grade when erected upon or as an integral part of a building. All structures extending above thirty-five (35) feet from grade (except permitted signs) shall be set back a distance at least equal to their height from all ' property lines. 222.10. Si ns - Signs shall be permitted as specified in Section 313 of this Ordinance. 222.11. Screening - A visual screen must be provided along any adjoining lands within a residential zone, regardless of whether or not the residentially-zoned parcel is developed. 222.12. Landscaping - Any portion of the site not used for buildings, structures, parking lots , loading areas, outdoor storage areas, and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings. A minimum twenty (20) foot wide landscape strip shall be provided along all property lines. Such landscape strip can be waived for that portion of the site occupied by a joint parking lot and/or loading area shared by adjoining uses. 222.13. Waste Products - The storage of industrial waste materials shall not be permitted, except within an enclosed building. All dumpsters for domestic waste shall be set back a minimum of twenty-five (25) feet from all lot lines and seventy five (75) feet from any adjoining residentially-zoned properties. All trash dumpsters shall be located within a side or rear yard, screened from adjoining roads or properties, and completely enclosed ' within a masonry or fenced enclosure equipped with a self-latching door or gate. All uses shall comply with Section 302.4. of this Ordinance. 222.14. Industrial Operations Standards - All industrial operations shall be in compliance with any Commonwealth of Pennsylvania and/or Federal government regulations, as required by the most recent regulations made available from these governmental bodies. (See Section 315 for a partial listing.) 222.15. Outdoor Storage and Display - Within this Zone, outdoor storage is permitted, provided all outdoor storage areas are screened from adjoining roads and properties, and the outdoor storage areas comply with the setbacks imposed within this section. Outdoor display areas need not be screened from adjoining roads if they are located within the front yard. Article 2 Zone Regulations -97- Silver Spring Township Zoning Ordinance 222.16. All uses permitted within this Zone shall also comply with all applicable General Provisions in Article 3 of this Ordinance. Silver Spring Township Zoning Ordinance -98- Article 2 Zone Regulations SECTION 223 QUARRY ZONE (Q) 223.1. Purpose - It is the purpose of this Zone to make appropriate provisions for the extraction of mineral deposits in the earth and to provide appropriate safeguards which are hereby deemed necessary to protect and preserve the health, safety and welfare of the citizens of this Township. 1 223.2. Permitted Uses 1. Quarrying and/or mining of minerals, including the extraction of minerals (limestone, dolomite, gravel, rock, stone, vermiculite and clay) from the earth, from waste or stock piles, or from pits or banks which require the removal of overburden, strata or material overlying above or between minerals, or by otherwise exposing or retrieving minerals found on the lands. Such activities shall include strip, drift, auger and open-pit mining, quarrying leaching, and box cutting, but shall not include activities carried out beneath the surface of the earth by means of shafts, tunnels or other subterranean mining openings; 2. Storage and stockpiling of minerals; 3. Processing of minerals for sale, including the refinement of minerals to specifications for sale, and shall include the crushing, screening, washing, grading of rock materials; 4. Concrete batching plants for the manufacture of concrete; 5. Installation and construction of plants and equipment for the purpose of items 3 and 4 immediately above; 6. The restoration of lands after extraction of minerals; 7. Forestry Activities; , 8. Agricultural uses as regulated by Section 201 of this Ordinance; ' 9. Public and nonprofit parks and playgrounds (other than amusement parks), subject to the applicable design standards of Section 201 of this Ordinance; and, ' 10. Accessory uses to the foregoing limited to: A. Business offices for the permitted uses; B. Garages and shops for the storage and repair of equipment used in the permitted uses; C. Warehouses for the storage of supplies necessary to carry out permitted uses; D. One (1) single-family dwelling unit to provide housing for security personnel (and family thereof) relative to the permitted uses. Article 2 Zone Regulations -99- Silver Spring Township Zoning Ordinance 223.3. Conditional Uses (Subject to the review procedures listed in Section 704 of this Ordinance.) 1. Quarry-related manufacturing, mixing and processing for sale of asphaltic or bituminous products (see Section 433); 223.4. Minimum Required Lot Area - Fifty (50) acres. 223.5. Minimum Required Lot Width - Two hundred (200) feet at the building setback line and the lot frontage. 223.6. Maximum Permitted Lot Coverage - Five percent (5%). 223.7. Minimum Required Open Space - Twenty percent (20%) of the lot area. 223.8. Minimum Required Setbacks - None of the following shall be located within two hundred (200) feet of any property line of properties which are not owned, controlled or leased by the operator of the principal use: 1. Buildings and structures, including, but not limited to, processing plants, concrete hatching plants, and asphalt mixing plants; 2. Storage or stockpiling of minerals or by-products thereof or wastes from mining operations; Outdoor storage of equipment or supplies; and, 4. Mining or processing, except that water settlement ponds used in the process of washing rock materials, together with pumps, pipes appurtenant to, and used in connection thereof, shall be permitted within said area, but no part of any such processing facilities shall be closer than forty-five (45) feet to the nearest right-of- way line of any public road nor closer than forty-five (45) feet to any property line where said line is not within the right-of-way of any public road. A berm required under Section 223.10., and constructed within said forty-five (45) foot setback area may be used as part of the containment of structure of such ponds and shall not be considered to be violative of said setback requirement. 223.9. Maximum Permitted Height - Thirty-five (35) feet, except that nonhabitable structures may be increased in height one (1) foot for each additional one (1) foot of setback provided from every property line, up to a maximum of one hundred (100) feet. 223.10. Required Berming - An earth berm having a minimum height of six (6) feet and a tree planted screen having a minimum width of twenty (20) feet shall surround all mining and processing activities. 223.11. Required Mining Plan -All activities shall be subject to the prior approval of a Mining Plan which shall consist of a topographic map with a contour interval of not greater than five (5) feet showing all natural and man-made features, rights-of-way, easements, Silver Spring Township Zoning Ordinance -100- Article 2 Zone Iegulations property lines, and a plan and cross-sections of the proposed surface mining, including detailed groundwater information. 223.12. Required Traffic Study - All mining-related uses shall be required to prepare and submit a traffic study according to Section 402.05. of the SLDO. 223.13. Required Reclamation Plan - All mining-related uses shall be required to prepare and submit a reclamation plan. A reclamation plan which shall consist of a plan for re-use of the land after completion of the operations and the carrying out of the restoration, reclamation, reforestation or other corrective work so as to leave the land in a condition that will enable it to be used for ecologically and economically productive purposes consistent with the comprehensive plan of the Township upon completion of the surface mining operation. As a minimum, said plan shall provide for temporary and permanent cover, water control measures, and management of vegetation in accordance with the Critical Areas Practices of the Erosion and Sedimentation Control Handbook published by the Cumberland, Dauphin, and Perry Counties Conservation District (most recent edition). Such plan shall be prepared by a registered engineer or landscape architect and shall bear the authorized signature of the owner of the land. A detailed timetable for ' restoration shall be provided to be completed within three (3) years or such earlier time as shall be required by an regulatory agency or body having jurisdiction after completion of the surface mining operation, together with an estimate of cost of each major step in the plan and the total cost of the program. The applicant shall post security as permitted in the Surface Mining Conservation and Reclamation Act, as amended from time to time, in the amount of one thousand dollars ($1,000) per acre. If such security has been posted with another regulatory agency or body having jurisdiction, naming the Township as additional obligee, and additional bond may be waived by the Board of Supervisors, if satisfied that the Township's interests are adequately protected. 223.14. Required Operational Statement - All mining-related uses shall be required to prepare and submit an operational statement. Such operational statement shall include a detailed description of methods for handling operations with respect to the emission of noise, dust, smoke, refuse, water, odor, gas, fumes, or similar substances or conditions which may endanger the health, safety or general welfare management, air pollution, soil erosion and sedimentation control, and other environmental problems created during the operation, including production, transportation, processing, stockpiling, storage, and disposal of products, by-products and wastes. For the mining-related use to be approved, the operational statement must demonstrate, by credible evidence, each of the following: 1. Mining shall comply with all applicable State and Federal laws, rules and regulations, including, but not limited to, regulations concerning dust, vibration, noise, heat, glare, vapors, and gases; 2. No emission of dust, dirt, fly ash, fumes, vapors or gases which could cause any damage to human health, animals or vegetation or to other forms of property or which could cause any soiling or staining of persons or property at any point beyond the lot line of the use creating the emission, will occur; Article 2 Zone Regulations -lol- Silver Spring Township Zoning Ordinance l 3. No mining, processing or other activity shall produce heat or glare beyond the property boundary line of the land on which the operation is located; 4. No machines or operations shall cause vibrations which are perceptible along the boundary line of the Quarry Zone. The foregoing language and provisions shall not be construed to limit or prevent blasting conducted in accordance with all applicable laws and regulations of the Commonwealth of Pennsylvania; and, 5. No activities shall be permitted which emit dangerous radioactivity at any point nor shall there be any electrical or radio disturbances which adversely affect the m. operation of any equipment at any location other than that of the creator of such disturbances. 223.15. All uses shall comply with the applicable General Provisions contained within Article 3 of this Ordinance. Silver Spring Township Zoning Ordinance -102- Article 2 Zone Pegulations r 1 fl 1 1 SECTION 224 INTERCHANGE ZONE (INT) 224.1. Purpose - The areas identified for this Zone have superior regional vehicular access adjoining the interchange of PA Route 114 and U. S. Route 81. This access affords the opportunity for a wide range of intensive land uses with minimized traffic impact. Local officials view this interchange as a premium regionally-based development site and a "gateway" to the Township. Therefore, its use is reserved for high quality economic development. Coincident with this interchange are severe development constraints associated with the Conodoguinet Creek and steep slopes. Township officials and residents alike are interested in protecting sensitive environmental conditions like the Conodoguinet Creek, its floodplain, wetlands and steep side banks. Indiscriminate development of this area would conflict with the local goal to protect these natural features. This Zone provides for intensive development, but only after a detailed site survey of valuable natural/cultural features, and then only when they are protected. 224.2. r 1 I.A. Offices, provided that each building shall contain at least ten thousand (10,000) square feet, and further provided that any space owned or leased that contains less than ten (10,000) square feet shall have no direct means of exterior access, except emergency access if required; I.B. Banks and similar financial institutions, subject to Section 448, provided that: 1. There shall be no more than one (1) bank or financial institution per 200,000 square feet of proposed office space. 2. Each building shall contain at least four thousand (4,000) square feet. 2. Retail sale of office supplies, office furniture, art and drafting equipment, computers and software; 3. Retail photocopy and printing centers, not exceeding five thousand (5,000) square feet of gross leasable floor area; 4. Health care campuses and hospitals (see Section 420); 5. Convention centers (see Section 413); Article 2 Zone Regulations -103- Silver Spring Township Zoning Ordinance I Permitted Uses 1. Agriculture, subject to the standards listed in Section 201 of this Ordinance; 2. Public and/or nonprofit uses devoted to the preservation and conservation of natural, historical or archaeological resources; 3. Single-family detached dwellings, subject to the standards listed in Section 202 of this Ordinance, except that rural clusters are expressly prohibited; 4. Public and/or nonprofit parks; 5. Public utilities structures excluding communication antennas, towers, and equipment; 6. Forestry Activities; and, 7. Accessory uses customarily incidental to the above permitted uses. 224.3. Conditional Uses (Subject to the requirements of Sections 704 and 224.16. of this Ordinance.) 6. Golf courses (see Section 418); 7. Hotels and related uses (see Section 423); 8. Health and fitness clubs (see Section 419); and, 9. Commercial day-care facilities (see Section 409). 224.4. Required Public Utilities - All conditional uses permitted within this Zone shall require the use of public sewer and public water. 224.5. Minimum Lot Area Requirements - Two acres. See Section 319 for Public Utilities Structures. 224.6. Minimum Lot Width - Two hundred (200) feet. See Section 319 for Public Utilities Structures. 224.7. Maximum Lot Coverage - Sixty percent (60%); however, lot coverage can be increased subject to the requirements of Section 317 of this Ordinance. 224.8. Minimum Setback Requirements) (Principal and Accessory Uses) Front yard setback: Required Required Required Front Yard Setback Front Yard Setback Front Yard Setback Use from Local Road from Collector Road from Arterial Road Buildings and Structures, Excluding Si 50 ft 50 ft. 50 ft. Off-Street Parking 20 ft. 30 ft. 30 ft Not permitted Not permitted Not permitted Off-Street Loading in front yard. in front yard. in front yard. Outdoor Storage Preas Not Permitted Not Permitted Not Permitted Outdoor Display Areas Not Permitted Not Permitted Not Permitted 'See Section 319 for Public Utilities Structures. 2. Side yard setbacks - All buildings and structures shall be set back at least twenty- five (25) feet from the side lot lines. Off-street parking lots, loading areas, and outdoor storage areas shall be set back.at least fifteen (15) feet from the side lot -- lines, unless joint parking facilities are shared by adjoining uses. In such instances, one of the side yard setbacks can be waived solely for parking facilities; 3. Rear yard setback - All buildings and structures shall maintain a thirty-five (35) foot rear yard setback; off-street parking lots, loading areas, and outdoor storage areas shall be set back at least twenty (20) feet from the rear lot line; 4. Building separation setbacks For multiple buildings contained on the same lot, there shall be provided a minimum of twenty-five (25) feet between the closest points of such buildings; and, Silver Spring Township Zoning Ordinance -104- Article 2 Zone Regulations 5. Residential buffer stria - Any lot adjoining land within a residential zone shall maintain a thirty-five (35) foot setback for buildings, structures, and off-street loading areas, and a twenty-five (25) foot setback for off-street parking lots from the residentially-zoned parcels. 224.9. Maximum Permitted Hei$ht - Six feet provided that for Sixty (60) , each one (1) foot above thirty-five (35) feet, there shall be an additional two (2) feet of required setback from all property lines. 224.10. &M - Signs shall be permitted as specified in Section 313 of this Ordinance. 224.11. Screening - A visual screen must be provided along any adjoining lands within a residential zone, regardless of whether or not the residentially-zoned parcel is developed. 224.12. Landscaping - Any portion of the site not used for buildings, structures, parking compounds, loading areas, outdoor storage areas, and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings. A minimum fifteen (15) foot landscape strip shall be provided along property lines. ' 224.13. Waste Products - Storage of industrial waste materials shall not be permitted except within an enclosed building. Dumpsters used for domestic garbage may be permitted within the side or rear yard, provided such dumpsters are screened from any adjoining roads or properties. Such dumpsters shall not be used for industrial wastes. All dumpsters shall be set back twenty-five (25) feet from all lot lines and fifty (50) feet from any adjoining residentially-zoned property. All trash dumpsters shall be located within a side or rear yard, screened from adjoining roads or properties, and completely enclosed within a masonry or fenced enclosure equipped with a self-latching door or gate. All uses shall comply with Section 302.4. of this Ordinance. 224.14. Outdoor Storage - No outdoor storage is permitted. 224.15. All uses permitted within this Zone shall also comply with all applicable General Provisions in Article 3 of this Ordinance. 224.16. Conditional Use Review - In addition to the general conditional use requirements of Section 704, and any specific requirements listed per use in Article 4, the following requirements shall apply to all conditional uses permitted within this Zone: 1. Delineation of Natural and Cultural Features - As part of the site planning process, the applicant shall be required to prepare a detailed natural and cultural features inventory of the site. Qualified experts must identify, describe and plot each of the following found on the proposed site: • 100-year floodplains; steep slopes (greater than fifteen percent [15%]); wetlands, streams, ponds, or other water bodies; sinkholes, caves, vistas, or other significant geologic features; threatened or endangered species habitats; Article 2 Zone Regulations -105- Silver Spring Township Zoning Ordinance archaeologic resources; historic resources; and, significant stands of mature trees. Once identified, the applicant shall furnish expert testimony as to how these features will be protected during, and after, development of the site. Should any such features be proposed as common open space, they shall be governed by Section 316 of this Ordinance; and, 2. Vehicular Access - Vehicular access shall be regulated by Section 308.2. of this Ordinance. Silver Spring Township Zoning Ordinance -106- Article 2 Zone Regulations --R 1 SECTION 231 FLOODPLAIN ZONE (FP) 231.1. Introduction - The Township of Silver Spring is cognizant of the recurring flooding and water drainage problems associated with the Conodoguinet Creek, Hogestown Run, Trindle Run, and all of the contributory streams and waterways within the Township related to the above-mentioned creeks. This section is therefore designed to alleviate these problems and provide for protection from flooding hazards in the future throughout the Township. 231.2. Purpose and Policy - It is hereby found that the streams, creeks and waterways of the Township are subject to recurring flooding, that such flooding damages and endangers life and public and private property and facilities, that this condition is aggravated by developments and encroachments in the floodplain, and that the most appropriate method of alleviating such condition is through regulation of such developments and encroachments. It is therefore determined that the special and paramount public interest in the floodplain justifies the regulation of property located therein as provided in this section, which is in the exercise of the police power of the municipality, for the protection of the persons and property of its inhabitants, and for the preservation of the 1 public health, safety and general welfare. The intent of this section shall be to protect areas of floodplain subject to and necessary for the containment of flood waters, and to permit and encourage the retention of open space land uses which will be so located and utilized as to constitute a harmonious and appropriate aspect of the continuing physical development of the Township. ' 231.3. Specific Objectives 1. To combine with present zoning requirements, certain restrictions made necessary for flood-prone areas to promote the general health, welfare and safety of the Township; 2. To prevent the erection of structures in areas unfit for human usage by reason of danger from flooding; 3. To minimize danger to public health, by protecting the quality and quantity of surface and subsurface water supplies adjacent to and underlying flood-prone areas and promoting safe and sanitary drainage; 4. To permit only those uses which can be appropriately located in the floodplain as herein defined and which will not impede the flow or storage of flood waters, or otherwise cause danger to life and property at, above, or below their locations along the floodplains; 5. To provide sufficient drainage courses to carry abnormal flows or storm water in periods of heavy precipitation; Article 2 Zone Regulations -107- Silver Spring Township Zoning Ordinance 6. To protect adjacent landowners and those both upstream and downstream from damages resulting from development within a floodplain and the consequent obstruction or increase in flow of flood waters; 7. To protect the entire Township from individual uses of land which may have an effect upon subsequent expenditures for public works and disaster relief and adversely affect the economic well-being of the Township; 8. To maintain undisturbed the ecological balance between those natural systems elements, including wildlife, vegetation and marine life, dependent upon water -- courses and water areas; 9. To protect other municipalities within the same watershed from the impact of improper development and the consequent increased potential for flooding; 10. To provide areas for the temporary natural storage of flood waters; and, 11. To require that uses vulnerable to floods, including public facilities, be constructed so as to be protected from flood damage in accordance with the purpose and requirements of the National Flood Insurance Program, P.L. 93-234. 231.4. Delineation of Lands Within the Floodalain Zone - For purposes of this Ordinance, areas contained within the Floodplain Zone shall include the following: 1. Those areas subject to inundation by the waters of the base flood (100-year flood), as identified in the Flood Insurance Study dated March 3, 1992, and accompanying maps, or the latest revision thereof, as prepared for the Township by the Federal Emergency Management Agency and/or its successors; and, 2. For all other streams and/or waterways not depicted upon the Township's Flood -- Boundary and Floodway Maps, the Floodplain Zone shall be deemed to include: A. An area measuring fifty (50) feet horizontally perpendicular from the top of the bank of the watercourse; or, B. The area inundated by the base flood as determined through qualified hydrologic and hydraulic study. Such study shall be signed, sealed and certified by a registered professional of the Commonwealth of Pennsylvania. -" Such certification shall acknowledge the accuracy of the study or survey and the qualification of the individual to perform such study or survey. Copies of such studies and surveys shall be submitted by the Zoning Officer t0 the Township Engineer and the Federal Emergency Management Agency, who shall have thirty (30) days to comment. Any property owner whose property is so studied shall pay all costs of these studies and surveys, except for work done under retainer to, or on behalf of, the Township. Silver Spring Township Zoning Ordinance -108- Article 2 Zone Regulations 231.5. Boundary Disputes 1. Should a dispute concerning any boundary of the Floodplain Zone arise, the initial determination of the Zoning Officer may be appealed to the Zoning Hearing Board in accordance with Section 604.6. of this Ordinance. The burden of proof in such an appeal shall be on the applicant and all hearings and procedures shall follow the requirements of Section 603 of this Ordinance; 2. All changes to the boundaries of the Floodplain Zone which affect areas identified in Section 231.4.1. of this Ordinance are subject to the review and approval of the Federal Emergency Management Agency for compliance with the Rules and Regulations of the National Flood Insurance Program. 231.6. Relationship to Other Sections - The provisions of this section create an overlay zoning district which is applicable within floodplains in all other zoning districts established by this Zoning Ordinance. To the extent the provisions of this section are applicable and more restrictive, they shall supersede conflicting provisions within all other sections of this Zoning Ordinance and all other ordinances of the Township. However, all other provisions of all other articles of this Zoning Ordinance and all other ordinances of the Township shall remain in full force. 231.7. Permitted Uses - The following uses and no others are permitted in the Floodplain Zone: 1. Cultivation and harvesting crops according to recognized soil conservation practices; 2. Pasture and grazing of livestock (including only one- or two-strand wire fences) according to recognized soil conservation practices, and further provided that such livestock shall not be confined to pastures or other enclosures located entirely within the Floodplain Zone; 3. Outdoor plant nursery or orchard according to recognized soil conservation practices; 4. Wildlife sanctuary, woodland preserve, arboretum and passive recreation or parks, including hiking, bicycle and bridle trails, but including no facilities subject to damage by flooding; 5. Game farms, fish hatchery, or hunting and fishing reserve, for the protection and propagation of wildlife, but permitting no structures; 1 6. Forestry, lumbering and reforestation according to recognized natural resources conservation practices; L 7. Front, side and rear yards and required lot area of lots existing prior to the adoption of this Ordinance, in any district, provided such yards are not to be used for on-site sewage disposal systems; Article 2 Zone Regulations -109- Silver Spring Township Zoning Ordinance Normal accessory uses (excepting enclosed structures, freestanding satellite dish antennas, fences and above-ground swimming pools) on lots existing prior to the adoption of this Ordinance, permitted under the applicable zoning district; 231.8. 9. Recreational use, whether open to the public or restricted to private use, such as parks, camps, picnic areas, golf courses, fishing areas, sport or boating clubs, not to include enclosed structures excepting flood-proof toilet facilities, but permitting piers, docks, floats or unenclosed shelters usually found in developed outdoor recreational areas. Any flood-proof toilet facilities provided shall be connected to public water and sewerage systems; 10. Sewage treatment plant, outlet installations for sewage treatment plants and sewage pumping stations with the approval of the Township Authority Engineer, appropriate sewer authorities and the Pennsylvania Department of Environmental Protection, when accompanied by documentation as to the necessity for locating within the boundaries of the Floodplain Zone; 11. Sealed public water supply wells with the approval of the Pennsylvania Department of Environmental Protection; 12. Dams, culverts, bridges, and altered or relocated watercourses with the approval of appropriate authorities with jurisdiction such as the Commonwealth of Pennsylvania, Department of Environmental Protection; and, 13. Sanitary or storm sewers and impoundment basins, with the approval of the Pennsylvania Department of Environmental Protection. Nonconforming Uses and Structures in the Floodulain Zone Continuation - All uses or structures lawfully existing in the Floodplain Zone on the effective date of this section which are not in conformity with the provisions of this section shall be deemed nonconforming uses or structures. Such nonconforming uses or structures may be continued, maintained, repaired, and floodproofed, except as prohibited by Sections 231.8.2. and 231.8.4.B. of this Ordinance. However, such nonconforming uses or structures may at any time be improved to comply with existing State or Township health, sanitary, or safety code specifications which are necessary solely to assure safe living conditions; 2. Abandonment - Nonconforming uses or structures which have been discontinued or vacated for twelve (12) consecutive months shall be considered abandoned. Vacation of land or structures or the nonoperative status of the use normally carried on by the property shall be evidence of discontinuance. No abandoned use or structure may be reestablished, repaired, or reoccupied. The Supervisors may require the removal of any abandoned nonconforming use or structure upon prior notice to the owner of the property on which an abandoned nonconforming use or structure exists. If the owner has not completely removed the abandoned use or structure within a reasonable amount of time, not to exceed nine months, the Silver Spring Township Zoning Ordinance -110- Article 2 Zone Regulations Supervisors shall have the authority to cause the removal to be accomplished, the costs of such removal to be paid by the property owner; 3. Expansion and Modification - A nonconforming use or structure may not be expanded or modified in any manner which would increase or aggravate flooding or flood hazards. Nothing shall be done which would otherwise violate any of the provisions of this section. No nonconforming use or structure shall be expanded, enlarged, or altered in any way which increases its nonconformity with respect to height, area, yard, and other requirements established in other sections of this Zoning Ordinance, nor in any way which causes it to occupy more space within the Floodplain Zone that was occupied by it on the effective date of this section; 4. Replacement and Rebuilding: A. A nonconforming use or structure may be replaced, repaired or rebuilt if it is damaged or destroyed by any means, including floods, to the extent of less than fifty percent (50%) of its fair market value at the time of its damage or destruction. In such a case, however, the nonconformity of the new use or structure with respect to requirements as expressed in provisions of this Zoning Ordinance shall not exceed that of the original use or structure which was damaged or destroyed. Nothing shall be done which would otherwise violate any of the provisions of this section; B. A nonconforming use or structure which has been damaged or destroyed by any means, including floods, to the extent of fifty percent (50%) or more of its fair market value at the time of its damage or destruction may not be replaced, restored, repaired, reconstructed, improved, or rebuilt in any way other than in complete conformity and full compliance with Section 231.9.3. and all other sections of this Zoning Ordinance, and all other ordinances of the Township. The Zoning Hearing Board may waive as a special exception, the requirements of this paragraph where it is shown that such requirements could not be met on land owned by the appellant or where such requirements would impose undue hardship to the appellant in the efficient operations of the premises. In such a case, the Zoning Hearing Board shall be authorized to grant only the minimum relief necessary, and the least modification possible of the provisions of this section, while respecting and maintaining the purpose and intent of this section; C. The Zoning Officer shall have the initial responsibility of determining the percent of damage or destruction and the fair market value of the damaged or destroyed use or structure at the time of its damage or destruction, and may call on any experts or authorities he may deem necessary to assist him in arriving at a fair and impartial determination. Appeals of the decision of the Zoning Officer maybe made to the Zoning Hearing Board; 5. Historic Structures - The Zoning Hearing Board shall have the right to waive, as a special exception, any of the requirements of Sections 231.8.2. and 231.8.4.B. for any historic structure, as defined herein; Article 2 Zone Regulations -111- Silver Spring Township Zoning Ordinance 6. Special Requirements for Mobile Homes A. If any existing mobile home shall be replaced, reconstructed, or expanded by addition thereto, then the mobile home shall be: a. Anchored to resist flotation, collapse or lateral movement by providing over-the-top and frame ties to ground anchors in accordance with the following: i. Over-the-top ties shall be provided at each of the four (4) corners of the mobile home, with two (2) additional ties per side at intermediate locations for units fifty (50) feet or more in length, and one (1) additional tie per side for units less than fifty (50) feet in length; ii. Frame ties shall be provided at each corner of the mobile home, with five (5) additional ties per side at intermediate locations for units fifty (50) feet or more in length, and four (4) additional ties per side for units less than fifty (50) feet in length; and, iii. All components of the anchoring system shall be capable of carrying a force of four thousand eight hundred (4,800) pounds; b. Elevated in accordance with the following requirements: L The mobile home shall be elevated on a permanent foundation so that its lowest floor is one (1) foot or more above the elevation of the one hundred (100) year flood; ii. Adequate surface drainage is provided; iii. Adequate access for a hauler is provided; and, C. An evacuation plan indicating alternate vehicular access and escape routes shall be filed with the Township Supervisors for mobile home parks. 231.9. Design and Performance Standards 1. Applicability - The standards included in this section are to be used, together with the provisions of all other sections and all other ordinances in force in the Township by the Zoning Officer and Zoning Hearing Board in their administration of this section; 2. Regulations and Reviews by Other Agencies A. Where applicable and where possible, all necessary permits or other written approvals must be obtained from all other agencies before any approvals of special exceptions, variances, or permits may be granted by the Township; B. Where necessary permits or written approvals from other agencies cannot be obtained prior to action by the Township, any approval of special exceptions, variances, or permits by the Township shall be conditioned upon receiving such other agencies' permits or written approvals; and, C. No regulations of the Commonwealth governing watercourses are amended or repealed by this Ordinance. Prior to any proposed alteration or relocation of any watercourse a permit shall be obtained from the Pennsylvania Department of Environmental Protection, Dams and Encroachment Division, and notification of any such proposal shall be given to all affected adjacent municipalities. Copies of such permit applications and municipal notifications Silver Spring Township Zoning Ordinance -112- Article 2 Zone Regulations 1 1 1 1 1 1 I 1 1 shall be forwarded to the Federal Insurance Administration and to the Pennsylvania Department of Community and Economic Development; 3. Placement and Construction of Authorized Uses and Structures A. No use shall be permitted which would cause any rise in the base flood elevation. All uses and structures shall be designed, constructed, and placed so as to offer the minimum obstruction possible to the flow of water, and shall be designed to have a minimum effect upon the flow, velocity, or height of floodwaters. Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow, and, so far as is practicable, structures shall be placed approximately on the same flood flow lines as those of nearby structures; B. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage, and shall be constructed by methods and practices that minimize flood damage; C. All new or replacement drains, water supply facilities, sanitary sewage facilities or other utility improvements shall be designed to preclude infiltration or back- up of sewage or floodwaters into the facilities or structures and discharges from the facilities into floodwater, and to minimize the impedance of flood flows; D. Anchoring - All structures, buildings, air ducts, large pipes, and storage tanks within the Floodplain Zone shall be firmly anchored to prevent flotation, movement, or collapse, thus reducing the possibility of the blockage of bridge openings and other restricted sections of the watercourse; E. For all permitted nonconforming uses, and uses authorized by the granting of a variance, the following standards shall apply: a. All new construction and substantial improvements of permanent nonresidential structures shall either (1) have the lowest floor (including basement) elevated to one (1) foot above the base flood elevation, or (2) together with attendant utility and sanitary facilities, be floodproofed so that below one (1) foot above the base flood elevation, the structure is watertight, with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Enclosed space below the lowest floor (including basement) is prohibited. All floodproofing measures shall be done according to the standards and provisions for floodproofing classes W-1 or W-2, as contained in Fooodproofing Regulations published by the Office of the Chief of Engineers, U.S. Army, published EP 1165 2 314 (June, 1972 and as subsequently amended) where such standards and provisions do not conflict with other provisions of this section. Where reference is made in Floodproofing Regulations to the "RFD" (Regulatory Flood Datum), it shall be interpreted to mean the base flood elevation as defined by this section. The applicant shall submit qualified evidence by a registered professional engineer or a licensed professional architect certifying compliance with this requirement; and, b. All improvements to existing structures shall have the lowest floor (including basement) elevated to one (1) foot above the base flood elevation. All manufactured homes shall be subject to the above listed Article 2 Zone Regulations -113- Silver Spring Township Zoning Ordinance regulations as well as those listed in Section 231.8.6.. In all cases, enclosed space below the lowest floor (including basement) is prohibited. 231.10. Standards and Criteria for Special Exceptions and Variances -In addition to the provisions of this Zoning Ordinance, in hearing and deciding upon special exceptions and/or variances to the provisions of this Section 231, the Zoning Hearing Board shall also determine that the following standards and criteria have been complied with: 1. No special exception or variance shall be granted for any use except those specifically permitted by Section 231.7., nor any use, structure or development within the floodway which would increase the one hundred (100) year flood elevation; 2. In addition to the standards generally applicable to variances, variances shall only be granted upon (1) a showing of good and sufficient cause, (2) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (3) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with any other applicable laws, ordinances or regulations; 3. Variances shall only be granted upon the determination that the variances are the minimum necessary to afford relief, considering the flood hazard. The applicant must also comply with any other conditions imposed by the Zoning Hearing Board; 4. Whenever a variance is granted, the Board shall notify the applicant in writing that: A. The granting of the variance may result in increased premium rates for flood insurance if construction occurs below the one hundred (100) year flood elevation; and, B. Such variance may increase the risk to life and property; 5. In granting a special exception or variance, the Board shall require that all buildings and structures shall be designed and constructed so as to have the -- capability of resisting the one hundred (100) year flood; and, 6. A complete record of all variance requests and actions, including justifications for -- granted variances, shall be maintained by the Board. The Board shall report such decisions in the annual report sent to the Federal Emergency Management Agency; 7. In hearing and deciding upon variances or special exceptions to this section, the burden of proof shall be on the applicant. The Zoning Hearing Board may require the applicant to submit such plans, specifications, and other information as it may deem necessary to assist in arriving at a fair and impartial determination. In addition to that information required by Sections 231.10. and 701 of this Ordinance, such required information may include, but is not limited to, the following: A. Plans drawn to scale showing the nature, location, dimensions, and elevations of the lot, existing or proposed structures, fill, storage of materials, Silver Spring Township Zoning Ordinance -114- Article 2 Zone Regulations 1 floodproofing measures, and the relationship of the above to the location of the channel; B. A typical valley cross-section showing the channel of the watercourse, elevations of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development, and high water information; C. A plan (surface view) showing elevations or contours of the ground; pertinent structure, fill or storage elevations; size, location, and spatial arrangement of all proposed and existing structures on the site; location and elevations of streets, water supply facilities, and sanitary facilities; photographs showing existing land uses and vegetation upstream and downstream; soil types; and other pertinent information; D. A profile showing the slope of the bottom of the channel of flow line of the watercourse; and, E. Specifications for building construction and materials, floodproofing, filling, dredging, grading, channel improvement, storage of materials, water supply facilities and sanitary facilities. 231.11. Municipal Liability - The lawful granting of a permit or making of any administrative decision under this section shall not constitute a representation, guarantee, or warranty of any kind by Silver Spring Township, or by any official, agent, or emplafee thereof, of the practicability or safety of any structure, use, or other plan proposed with respect to damage from flood or otherwise, and shall create no liability upon, or a cause of action against, such public body, official, agent, or employee for any flood damage that may result pursuant thereto or as a result of reliance on this section. There is also no assurance that lands not included in the Floodplain Zone are now or ever will be free from flooding or flood damage. t t I! Article 2 Zone Regulations -115- Silver Spring Township Zoning Ordinance LI ARTICLE 3 GENERAL PROVISIONS SECTION 300 GENERAL PROVISIONS The regulations contained within Article 3 shall apply to all uses (unless noted otherwise) within the Township. SECTION 301 ACCESSORY USES AND STRUCTURES 301.1. Fences and Walls - No fence or wall (except livestock, required junkyard or tennis court walls or fences, or a retainer wall of a building permitted under the terms of this Ordinance) shall be erected to a height of more than three (3) feet in a front yard and more than eight (8) feet in any yard (other than the front) where the area between six (6) feet and eight (8) feet is at least fifty (50) percent open within the (C, A, R, RE, R-1, R- 2, R-3, and VO) Zones. Within any (C-1, C-2, C-3, O, I-I, I-2, and Q) Zones, no fence -'" nor wall shall be erected to a height of more than ten (10) feet in any yard. No fence shall block motorist view of vehicles entering or exiting the property; 301.2. Swimming Pools - No permanent structure shall be permitted without an operable filtration system utilizing chlorine, bromine or some other antibacterial agent. All swimming pools shall be completely enclosed by a minimum four (4) foot high fence or wall with a self-closing and lockable gate; however, this does not apply to above- ground pools having a wall measuring four (4) feet in height and having a retractable ladder. Such fence or wall shall be erected before any pool is filled with water. All pools must be set back at least ten (10) feet from all lot lines. No water from a pool shall be discharged onto any public street or alley. These requirements shall not apply to man-made ponds, lakes or other impoundments, unless the primary purpose for their construction is swimming; 301.3. Tennis Courts - All tennis courts shall include an open mesh permanent fence ten (10) feet in height behind each baseline. Such fence shall extend parallel to said baseline at least ten (10) feet beyond the court's playing surface unless the entire court is enclosed. Any lighting fixtures shall be arranged to prevent objectionable glare on adjoining property; 301.4. Satellite Dish Antennas - Satellite dish antennas are subject to all accessory use standards. Furthermore, any satellite dish antenna located within the (C, A, R, RE, R 1, R-2, R-3, and VO) Zones shall be used only to receive signals, not transmit them. All ground-mounted satellite dish antennas located within the (C-1, C-2, C-3, O, I-1, I-2, and Q) Zones that are used to transmit video format data shall be completely enclosed by an eight-foot-high nonclimbable fence that includes signage warning of dangerous radiation levels. Any gates within the fence shall be locked when unattended. Satellite dish antennas within the (C-1, C-2, C-3, O, I-1, I-2, and Q) Zones shall comply with all principal use standards; Silver Spring Township Zoning Ordinance -116- Article 3 General Provisions t 301.5. Alternative Energy Sources - Except for those contained on farms, Wind Energy Conversion Systems (WECS) shall not be permitted in the front yard area of any property. Height regulations do not apply to WECS units, provided that the height of the WECS unit shall not be greater than the shortest distance measured along a horizontal plane from the unit to any lot line. WECS units may be placed on the roof of any structure, provided that the perimeter of the unit does not cover twenty-five percent (25%) of the roof area of the structure on which the WECS unit is placed. The additional height extension shall be so positioned that the height of the WECS unit above the roof is less than the distance measured along a horizontal plane from such unit to any lot line. All transmission lines to and from any freestanding WECS unit or any supporting building or structure shall be buried underground. Solar energy units shall be permitted in any zone and subject to the requirements of that zone; 301.6. Garage/Yard Sales - Within any zone, an owner and/or occupant may conduct up to 301.7. Accessory Repair of Personal Motor Vehicles - The routine maintenance, repair and servicing of personal motor vehicles, when performed outside of a completely enclosed building within any residential zone, is permitted by an occupant of the residence, but only in compliance with the following: proper 1. All vehicles shall be maintained with licensure; 2. No work shall be performed on a commercial basis, that is, no work shall be performed in exchange for financial considerations; 3. All by-product or waste fuels, lubricants, chemicals, and other products shall be properly disposed of, two (2) garage/yard sales per year. No garage or yard sale shall be conducted for a period longer than three (3) consecutive days. Such sales may offer for sale personal possessions; no import or stocking of inventory shall be permitted. Only two six (6) square foot signs shall be permitted advertising the garage/yard sale. Such signs shall be permitted no more than two (2) days prior to the sale, and shall be removed promptly upon the completion of the sale. Any of the permitted two (2) signs located off the site upon which the garage/yard sale is conducted, shall be erected only with permission of the property owner upon which such sign(s) is to be placed. In no case shall any aspect of the garage/yard sale be conducted in a street right-of-way, except that parking may occur where permitted. The conduct of garage sales beyond the extent described herein represents a commercial business and requires appropriate zoning authorization; and, 4. All such activities shall be conducted during daylight hours and/or without disturbing neighboring residents owing to noise; and, 5. All existing repair, maintenance and servicing activities shall be completed within two (2) weeks. Any work rendering a motor vehicle inoperable for a period exceeding two (2) weeks shall be performed within an enclosed structure and in accordance with the above standards; Article 3 General Provisions -117- Silver Spring Township Zoning Ordinance 1` 301.8. Ornamental Ponds and Wading Pools: Such structures shall comply with all accessory use setbacks; 301.9. 2. No such impoundment shall contain more than 26.6 cubic feet of water (200 gallons). All ponds, pools or other impoundments exceeding the requirements of this section shall be considered as "Man-made Lakes, Dams and Impoundments," and are subject to the criteria listed in Section 301.9. of this Ordinance; 3. No such impoundment shall have a length or diameter exceeding fifteen (15) feet nor a maximum depth exceeding one and one-half (1'/Z) feet; 4. All such ponds or pools shall be maintained so as to not pose a nuisance by reason of odor, or the harboring of insects; and, 5. No such pond(s) shall be used for the commercial hatching of fish or other species. Man-Made Lakes, Dams and Impoundments: 1. All dams, ponds, lakes and impoundments may be permitted in any zone, subject to the following: 2. All dams, ponds, lakes, and impoundments located along and connected to a stream, that involve any of the following, shall require the obtainment of a permit from the PA DEP Bureau of Dams and Waterways Division of Dam Safety, or a letter indicating that the proposed use does not require a PA DEP permit: A. The dam, pond or impoundment contains a volume of at least fifty (50) acre feet; B. The dam reaches a height of fifteen (15) feet; or, C. The dam, pond or impoundment impounds the water from a watershed of at least one hundred (100) acres. 3. All dams, ponds and impoundments not contiguous to a stream that have an intake, outlet, or both, and/or have an embankment within fifty (50) feet of a stream shall require the obtainment of a permit from the PA DEP Bureau of Dams and Waterways Division of Waterways and Storm Water Management; 4. All dams, ponds and impoundments meeting the requirements of Section 301.9.2. of this Ordinance shall be located forty (40) feet from all adjoining lot lines, as measured from the closest point of the adjoining property line to the maximum anticipated water surface elevation. Furthermore, all dams, ponds and impoundments, including storm water management basins shall be located a minimum of fifty (50) feet from any subsurface sewage disposal system or well; Silver Spring Township Zonng Ordinance -118- Article 3 General Provisions 5. All other dams, ponds and impoundments require the submission of a statement by a qualified engineer that the proposed use is properly constructed and will not pose a threat to the public safety nor the environment during normal flow conditions and those associated with the base flood. All dams shall be constructed to a height of one (1) foot above the water surface elevation occurring during the base flood; 6. Requirements for Fencing - All ponds constructed within areas subject to livestock shall be enclosed by fencing that prevents livestock from trampling the pond's shores and polluting the waters; and, 7. Maintenance - All ponds shall be regularly maintained and floating debris shall be removed from all pipes and spillways. All ground cover shall be trimmed. Weeds, brush and trees shall not be permitted to grow on the dam or spillway. 301.10 Co-location of Communication Antennas - The co-location of communication antennas as a use by right in all zoning districts provided the Zoning Officer determines the proposed placement will not substantially alter or impair the integrity of the structure or zone in which the antenna is proposed. SECTION 302 UNENCLOSED STORAGE 302.1. Recreational Vehicles, Boats, Campers, Trailers and Trucks - Within any residential zone, or upon any property used principally for residential purposes, the storage of recreational vehicles, travel trailers, trucks, boats, and trailers used solely for the transport of the residents' recreational vehicle(s) is permitted only according to the following requirements: 1. For purposes of this section, recreational vehicles, travel trailers, boats (including L trailers), and other trailers used solely for the transport of the residents' recreational vehicle(s) are divided into two separate categories, as follows: 1 1 1 Ll Class I Vehicles - Those recreational vehicles, travel trailers, boats (including trailers), and other trailers used solely for the transport of the residents' recreational vehicle(s) that possess no more than two hundred (200) square feet, as measured to the vehicle's outermost edges, nor exceed a height of ten (10) feet, as measured from the ground to the highest point of the main body of the vehicle. Vehicle height shall not be measured on vehicle accessories (e.g., air conditioners, vents, hatches, masts, antennas, outrigging fishing poles, etc.), but will be measured to the highest point of any flybridge or other boat console; and, Class II Vehicles - Those recreational vehicles, travel trailers, boats (including trailers), and other trailers used solely for the transport of the residents' recreational vehicle(s) that possess more than two hundred (200) square feet, as measured to the vehicle's outermost edges, and/or exceed a height of ten (10) feet, as measured from the ground to the highest point of the main body of the vehicle. Vehicle height shall not be measured on vehicle-accessories (e.g., air Article 3 General Provisions -119- Silver Spring Township Zoning Ordinance conditioners, vents, hatches, antennas, masts, outrigging fishing poles, etc.), but will be measured to the highest point of any flybridge or other boat console; 2. The temporary parking of one Class I or Class II vehicle for periods not to exceed seventy-two (72) hours during any seven (7) day period is permitted on a paved or gravel surface in any yard, so long as the vehicle is set back no less than ten (10) feet from any street right-of-way, and five (5) feet from adjoining property lines; 3. The storage of one Class I vehicle shall be permitted per lot behind the building setback line, so long as the unit is set back no less than five (5) feet from any .,, adjoining lot line. All areas used for the storage of Class I vehicles shall be maintained so as to keep vegetation properly trimmed and debris or litter disposed of regularly. All vehicles shall maintain required licensure and prevent Z j the leakage of fuels and/or lubricants into the ground; 4. Except as permitted in Section 302.1.2., and as follows, the parking or storage of any Class II vehicle is expressly prohibited in any residential zone, or on any property used principally for residential purposes. The storage of one Class II vehicle on a residentially-zoned parcel, or a parcel used for a principal residence, is permitted, subject to the following requirements: A. In no case shall the vehicle contain more than three hundred twenty (320) square feet, as measured to the vehicle's outermost edges, nor exceed a height of thirteen (13) feet, as measured from the ground to the highest point of the vehicle's main body. Vehicle height shall not be measured on vehicle accessories (e.g., air conditioners, vents, hatches, antennas, masts, outrigging fishing poles, etc.), but will be measured to the highest point of any flybridge or other boat console; B. All vehicles shall be set back a horizontal distance equal to the height of the vehicle, or the Zone's principal use setbacks, whichever is greater; C. No vehicle shall be stored in front of the building setback line. On vacant lots, the vehicle must be stored behind the required front yard setback line, as specified for principal uses; D. Screening, as defined herein, shall be provided for any adjoining side and rear lot lines. Such screening shall not extend into the required front yard. Screening shall not be required along a common side lot line when the owner resides on one (1) lot, and stores the vehicle on an adjacent vacant lot that he/she owns. One ten (10) foot wide break in required screening may be provided along one (1) rear or side lot line for vehicular access onto an adjoining alley; and, E. All areas used for the storage of Class II vehicles shall be maintained so as to keep vegetation properly trimmed and debris or litter disposed of regularly. -? All vehicles shall maintain required licensure and prevent the leakage of fuels and/or lubricants into the ground; Silver Spring Township Zoning Ordinance -120- Article 3 General Provisions 5. The storage or parking of any commercial truck upon any lot used principally for residential purposes containing less than one (1) acre, is prohibited. In addition, the parking or storage of any trailer other than those accessory to a principal residential use is expressly prohibited; and, 6. For residential lots containing one (1) or more acres, the parking and storage of one commercial truck that is owned and/or operated by a resident of the site, is permitted, subject to the following: A. The temporary parking of one commercial truck for periods not to exceed seventy-two (72) hours during any seven (7) day period is permitted on a paved or gravel surface in any yard, so long as the vehicle is set back no less than ten (10) feet from any street right-of-way, and five (5) feet from adjoining property lines; B. All vehicles stored on-site shall be set back a horizontal distance equal to the height of the vehicle, or the Zone's principal use setbacks, whichever is greater; C. No vehicle shall be stored in front of the building setback line. On vacant lots, the vehicle must be stored behind the required front yard setback line, as specified for principal uses; D. Screening, as defined herein, shall be provided for any adjoining side and rear lot lines. Such screening shall not extend into the required front yard. Screening shall not be required along a common side lot line when the owner resides on one (1) lot, and stores the vehicle on an adjacent vacant lot that he/she owns. One ten (10) foot wide break in required screening may be provided along one (1) rear or side lot line for vehicular access onto an adjoining alley; E. All areas used for the storage of commercial trucks shall be maintained so as to keep vegetation properly trimmed and debris or litter disposed of regularly. All vehicles shall maintain required licensure and prevent the leakage of fuels and/or lubricants into the ground; and, F. In addition, the parking or storage of any trailer, other than those accessory to a principal residential use, is expressly prohibited; 302.2. Outdoor Stockpiling - In all zones, no outdoor stockpiling of any material is permitted in the front yard. In any residential zone, the outdoor stockpiling of materials (except firewood) for more than one (1) year, is prohibited; y 1 302.3. Trash, Garbage, Refuse, or Junk - Except as provided in Sections 424 and 430 of this Ordinance, the outdoor accumulation of trash, garbage, refuse, or junk for a period exceeding fifteen (15) days is prohibited; Article 3 General Provisions -121- Silver Spring Township Zoning Ordinance 302.4. Dumpsters - All trash dumpsters shall be located within a side or rear yard, screened from adjoining roads and properties, and completely enclosed within a sight tight masonry or fenced enclosure equipped with a self-latching door or gate; 302.5. Domestic Compost s - The placement of framed enclosure composts as an accessory residential use is permitted, subject to all accessory use setbacks. Only waste materials from the residential site shall be deposited within the compost, and in no case shall meat, or meat by-products, be composted. All composts shall be properly maintained so as not to become a nuisance to nearby properties; and, 302.6. Parking and Storage of Unlicensed or Uninspected Motor Vehicles - Motor vehicles _ without current, valid license plates or current, valid inspection stickers shall not be parked or stored in any zone other than in a completely enclosed building. The requirements of this section shall not be applicable to farm implements and other farm vehicles not normally used as a means of conveyance on public highways. Nothing contained herein shall be deemed to authorize the parking or storage of any motor vehicle in any zone, -- unless such motor vehicle is an accessory use to the present use of the lot. Notwithstanding the foregoing, this section, in and of itself, shall not be interpreted to prevent the unenclosed storage of motor vehicles without current, valid license plates and current, valid inspection stickers if such storage is performed in conjunction with the legal operation of a motor vehicle sales establishment, a motor vehicle service or repair establishment, or a junkyard. 302.7 Vehicle Storage as an Accessory Use to Automobile Sales Vehicle Storage shall be permitted as an accessory use to Automobile Sales in the Highway Commercial Zone (C- 3), Light Industrial Zone (1=1) and General Industrial Zone (1-2), subject to the following criteria: a) For every one (1) parking space reserved for combined customer parking, employee parking and vehicle display, four (4) additional spaces may be used for vehicle storage. b) The minimum size for a vehicle storage space shall be eighteen (18) feet in length and nine (9) feet in width. c) Interior landscaping and interior driveways and aisles are not required. _ d) Perimeter screening must be provided to screen ground level views between grade level and six (6) feet above grade level. The screening shall comply with Section 611.04 of this Ordinance. e) Vehicle storage lots shall not have direct access onto an Arterial Street. SECTION 303 SETBACK MODIFICATIONS 303.1. Front Setback of Buildin s on Built-u Streets - Where at least two (2) adjacent _ buildings within one hundred (100) feet of a property are set back a lesser distance Silver Spring Township Zoning Ordinance -122- Article 3 General Provisions I than required, the average of the lesser distances becomes the required minimum front setback for the property. However, in no case shall the setback line be less than twenty (20) feet from any abutting street right-of-way line; and, 303.2. Accessory or Appurtenant Structures -"The setback regulations do not apply to: 1. Bus shelters; telephone booths; and cornices, eaves, chimneys, steps, canopies, and similar extensions but do apply to porches and patios whether covered or not; 2. Open fire escapes; 3. Minor public utility structures, articles of ornamentation or decoration, mailboxes; and, 4. Fences, hedges and retaining walls. 303.3. Mandatory Setbacks from the Carlisle Pike: 1. Properties fronting the Carlisle Pike shall be required to comply with the following setbacks, regardless of front yard setbacks listed elsewhere: Use Required Setback from Carlisle Pike Right-of-Way Principal and Accessory Buildings 50 feet minimum Off-Street Loading Areas 50 feet minimum Outdoor Storage Areas 50 feet minimum outdoor Sales Dsplay Areas 20 feet minimum, where permitted in underlying Zone. Waste Storage Facilities Dum ster§ 50 feet minimum off-Street Parkin Lots Containing u to 250 Parkin Spaces 20 feet minimum Off-Street Parkin Lots Containing More than 250 Par ' Spaces 25 feet minimum Freestandin Individual Business Signs, All Temporary Signs 20 feet minimum Freestanding Residential Develo ment/Nei hborhood Signs 20 feet minimum Freestanding Planned Center Signs 20 feet minimum Billboards 50 feet minimum These uses are not permitted in any front yard, regardless of the building setback. SECTION 304 HEIGHT LIMIT EXCEPTIONS 304.1. The height regulations do not apply to the following structures or projections provided such structures or projections are set back a horizontal distance at least equal to their height from any property line: Article 3 General Provisions -123- Silver Spring Township Zoning Ordinance 1. Water towers, antennas (except amateur radio antennas), utility poles, smokestacks, chimneys, farm silos, windmills, flagpoles, or other similar structures; 2. Rooftop structures for the housing of elevators, stairways, water storage tanks, ventilating fans, and other mechanical appurtenances; and, 3. Parapet walls or cornices used solely for ornamental purposes if not in excess of five (5) feet above the roof line; and, 304.2. In no case shall any freestanding or rooftop structure above the maximum permitted height be used for the purpose of providing additional floor space for residential, commercial or industrial purposes. SECTION 305 CORNER LOTS A front yard, as provided for in the area and lot requirements for the various zones, shall be required along each street on which a corner lot abuts. On any corner lot, no wall, fence, or other structure shall be erected, altered, or maintained, and no hedge, tree, or other growth shall be planted or maintained which may cause danger to traffic on a street by obscuring the view. On corner lots, no such structure or growth shall be permitted within an area which is formed by a triangle where the two legs of the triangle extended one hundred (100) feet from the centerline intersection of the two intersecting streets. SECTION 306 MINIMUM HABITABLE FLOOR AREA All dwelling units must conform to the minimum habitable floor area following: 306.1. Single-family, duplex, and townhouse dwelling units: seven hundred (700) square feet per dwelling unit; and, 306.2. Multi-family dwellings: four hundred (400) square feet per dwelling unit. SECTION 307 ERECTION OF MORE THAN ONE PRINCIPAL USE ON A LOT More than one principal use may be erected on a single lot provided that all lot and yard requirements, standards, and other requirements of this Ordinance shall be met for each structure, as though it were on an individual lot. In addition, such proposals shall gain approval for a land development plan, and provide individually approved methods of sewage disposal. SECTION 308 REQUIRED VEHICULAR ACCESS Silver Spring Township Zoning Ordinance -124- Article 3 General Provisions 1 308.1. Every building hereafter erected or moved shall be on a lot adjacent to a public street, or with access to an approved private street. The erection of buildings without approved access shall not be permitted. Approved access shall be defined in terms of the Township Subdivision and Land Development Ordinance, as may be amended from time to time, for street design or as subsequently provided for by the Township. Access to lots containing single-family dwellings or farms shall be via driveways (see Section 602.17. of the Subdivision and Land Development Ordinance); access to lots containing other uses shall be via access drives (see Section 602.18. of the Subdivisio and Land Development Ordinance); and, 308.2. Requirements Imposed Upon Properties Frontin the Carlisle Pike or New Willow Mill Road Adioinina Land Within the (INT) Zone: n 1. For unimproved properties fronting the Carlisle Pike, and unimproved properties fronting on New Willow Mill Road that adjoin land within the (INT) Zone on the effective date of this Ordinance, direct vehicular access (via driveways, access drives, or streets) to the Carlisle Pike or New Willow Mill Road shall be permitted (1) by right at Township-identified "vehicular control points," as defined herein, or (2) by conditional use, only upon finding that all of the following are true: A. The site does not contain one of the Township-identified "vehicular control points," as defined herein; 1 1 B. The site does not possess suitable frontage along another existing street; C. The site does not possess frontage along a street proposed by the applicant; D. The site cannot be served by a Township-proposed street in a timely manner; E. The site cannot share vehicular access with an adjoining use that already has existing vehicular access to the Carlisle Pike or New Willow Mill Road adjoining land within the (INT) Zone. In alleging such claim, the applicant must describe those actions taken to attempt such shared access, and the specific reasons that such access is not possible or practical. Further, the applicant must also suggest what measures could be taken by the Township to facilitate such shared access; F. Given the configuration of the site, adjoining properties, and Carlisle Pike or New Willow Mill Road adjoining land within the (INT) Zone, that the proposed means of direct vehicular access to the Carlisle Pike or New Willow Mill Road adjoining land within the (INT) Zone is located and designed to minimize adverse impact upon safe and convenient traffic flow on, and adjacent to, the site; and, G. The applicant can obtain a Highway Occupancy Permit from PennDOT: Article 3 General Provisions -125- Silver Spring Township Zoning Ordinance 2. No new lots shall be created that would rely upon direct vehicular access to the Carlisle Pike or New Willow Mill Road adjoining land within the (INT) Zone, unless said access is located at one of the Township-identified "vehicular control points," as identified herein; 3. Properties that possess direct vehicular access to the Carlisle Pike or New Willow Mill Road adjoining land within the (INT) Zone as of the effective date of this Ordinance at a location(s) other than a Township-identified "vehicular control point," shall be required to abandon such vehicular access upon submission of a land development, unless all of the findings of the above- described Section 308.2.1.B.-F. are valid; and, 4. Construction of new roads shall be required to extend the full dimension of properties (length or width) to facilitate access to adjoining properties, unless said adjoining properties already possess a suitable means of vehicular access. SECTION 309 REQUIRED PARKING FOR SINGLE-FAMILY DETACHED DWELLINGS Every single-family dwelling shall be required to provide at least two (2) off-street parking spaces. Such spaces must be provided behind the street right-of-way line and may take the form of garages, carports and/or driveways. Parking requirements for other uses are listed in Section 603 of the Subdivision and Land Development Ordinance. SECTION 310 ROADWAY CLASSIFICATIONS For purposes of this Ordinance, the Township's roads are classified in the following categories: Arterials American Legion Memorial Highway- I-81 (Limited Access) Pennsylvania Turnpike-1-76 (Limited Access) Carlisle Pike - SR 0011 Hogestown Road - SR 0114 Trindle Road - SR 0641 (Mechanicsburg Borough to Churchtown Road) Trindle Road - SR 0641 (Churchtown Road to Middlesex Township) Silver Spring Road- SR 1011 New Willow Mill Road- SR 0114 (Carlisle Pike to 1-81) Collectors New Willow Mill Road- SR 0114 (I-81 to Wertzville Road) Wertzville Road- SR 0944 Locust Point Road - SR 1007 Rich Valley Road- SR 1.009 Sample Bridge Road- T-596 Texaco Road - SR 2012 and T-583 Bernheisel Bridge Road- T-574 State Road - SR 2012 Silver Spring Township Zoning Ordinance -126- Article 3 General Provisions 1 1 Hempt Road - T-551 Local All other streets. r, SECTION 311 ZONING REQUIREMENTS FOR USE OF ON-LOT SEWAGE DISPOSAL SYSTEMS 1 1 11 1 1 t 311.1. Unless required to install a capped sewer as per Section 613 of the Township Subdivision and Land Development Ordinance, all future uses that rely upon on-lot sewage disposal systems shall be required to specifically test for and secure one disposal site (field, bed, or trench) and another alternate disposal site. Both disposal sites shall be approved by the Sewage Enforcement Officer. Furthermore, the alternate disposal site shall be perpetually protected from excavation, construction, and other activities that would result in disturbance of the soils' ability to renovate sewage effluent, until such time as the alternate field is activated due to malfunction of the initial disposal site; 311.2. Regardless of any maximum lot area requirements listed elsewhere in this Ordinance, the minimum required lot size may be increased to insure an acceptable level of nitrate-nitrogen in the adjoining groundwaters. Such determinations will be made by the PA DEP, through its sewer module review process. In those cases where applicable maximum lot area requirements are exceeded to protect groundwater quality, the applicant shall furnish evidence that the amount of land needed to protect local groundwater is the minimum necessary for such protection; and, 311.3. Every use relying upon on-lot sewage disposal systems shall be required to properly maintain and repair such systems. SECTION 312 PERMANENT/TEMPORARY OCCUPANCY REQUIREMENTS No persons or family shall be permitted to permanently reside within any tent, travel trailer, bus, boat, camper, or motor home. However, temporary occupancy of a tent, travel trailer, camper, or motor home shall be permitted within an approved campground or for periods of up to fourteen (14) days in any calendar year on the property of a friend or relative. SECTION 313 OUTDOOR SIGNS 313.1. General Intent: The sign regulations, controls and provisions set forth in this part are made in accordance with an overall plan and program for the provision of public safety, land development, preservation of property values, and the general welfare of the Township of Silver Spring and are intended to: Article 3 General Provisions -127- Silver Spring Township Zoning Ordinance 1. aid in traffic control and traffic safety; 2. preserve and protect property values; 3. lessen congestion of land and air space; 4. provide against undue concentrations of signs which distract and endanger traffic safety and traffic flow; 5. establish reasonable standards for commercial and other advertising through the use of signs in order to maintain and encourage business activity and development; 6. recognize the rights of the public in roads, streets, highways and the areas adjacent to those roads, streets and highways; 7. preserve the wholesome and attractive character of the Township; and, 8. recognize that the general welfare includes a community that shall be beautiful as well as healthy, spacious as well as clean, and well-balanced in its growth and development. 313.2. General Regulations for All Signs: 1. Signs must be constructed of durable material and maintained in good condition; 2. No sign shall be maintained within the Township in such a state of disrepair as to have the appearance of complete neglect, which is rotting or falling down, which is illegible, or has loose parts separated from original fastenings; 3. Whenever a sign becomes structurally unsafe or endangers the safety of the building or premise, or endangers the public safety, the Zoning Officer shall give written notice to the owner of the premises on which the sign is located that such sign must be made safe or removed within five (5) days; 4. Advertising painted upon or displayed upon a barn or other building or structure shall be regarded as a flat wall sign and the regulations pertaining thereto shall apply; 5. Each sign shall be removed when the circumstances leading to its erection no longer apply; 6. Signs may be interior lighted with non glaring lights, or may be illuminated by floodlights or spotlights that are shielded so there is no direct light transmitted to other properties or public rights-of-way; Silver Spring Township Zoning Ordinance -128- Article 3 General Provisions 7. Directly illuminated signs, designed to give forth artificial light directly or through transparent or translucent material from a source of light within such sign, including, but not limited to neon, will be permitted providing that the light being emitted from the sign shall not cause a glare or emit light onto the surrounding area; The following are expressly prohibited: A. Animated, sequential, flashing, rotating, or oscillating signs; B. Open flames used to attract public attention to a place of business or to an advertising sign; and, C. Any sign, banner (except as a special event sign), pennant, balloon, valance, or advertising display constructed of cloth, fabric, cardboard, or other light material, intended to be displayed for a short period of time; 9. No sign shall be located so as to interfere with visibility for motorists at street or driveway intersections; 10. No sign located within three hundred (300) feet of any traffic light shall be illuminated with red, green, or yellow lights or neon tubing; 11. All electrically illuminated signs shall be constructed to the standards of the National Board of Fire Underwriters; 12. Signs must be positioned so that they do not interfere with any clear sight triangle; 13. No loud, vulgar, indecent, or obscene advertising matter shall be displayed in any manner, including, but not limited to: A. Any graphic illustration pertaining to specified sexual activities and/or specified anatomical areas; and, B. Scenes wherein artificial devices are employed to depict, or drawings are employed to portray any of the prohibited signs, photographs or graphic representations described above; n IF 1 X11 L? 14. No sign shall be erected or located as to prevent free ingress or egress from any window, door or fire escape; 15. No sign shall be placed in such a position that it will obscure light or air from a building or which would create a traffic danger; 16. No sign shall be permitted which is permanently attached to public utility poles nor trees which are within the right-of-way of any street; Article 3 General Provisions -129- Silver Spring Township Zoning Ordinance 17. No sign located within the Floodplain Zone shall exceed six (6) square feet of area per side; 18. In the event that a symbol, trademark or other such figure is used as a sign post or standard which could be construed to indicate or identify a particular use or business, that symbol, trademark or figure is to be computed as part of the total allowable sign area; 19. Except in the case of billboards, only those signs referring directly to services, materials or products made, sold, or displayed on the premises shall be permitted; 20. No point of any sign, including trim, border and supports, shall be located within ten (10) feet of any property or street right-of-way line except as provided in Section 303.3. for signs along the Carlisle Pike; 21. Any sign attached to a building shall not be placed on the roof or be higher than the wall to which it is attached; 22. No point of a wall projecting sign shall be located less than eight and one-half (8'/Z) feet above the grade directly below the sign; 23. Determination of Size of Sign Area - The area of a sign shall be construed to include all lettering, wording and accompanying designs and symbols, together with the background, whether open or enclosed, on which they are displayed, including any border framing or decorative attachments, but not including any supporting framework or bracing incidental to the display itself. Where the sign consists of individual letters or symbols attached to a building, wall or window, the area of the sign shall be considered to be that of the smallest rectangle or other regular geometric shape which encompasses all of the letters and symbols. FREESTANDING LETTERS 5 FEET N -n M M SIGNIA TQTA LA ZM-ABEAM TEN (10) SQUARE FEET LETTERS ON SIGN PANEL Where a sign has two (2) or more faces, the area of all faces shall be included in determining the area of the sign; 313.3. Specific Sign Requirements - The tables on the following six pages tabulate requirements imposed upon permanent, temporary, and shopping center signs as permitted within the Township: Silver Spring Township Zoning Ordinance -130- Article 3 General Provisions "" 0 ?w v x a :. u O a Q Q Q d .? N a r O a y ? ? Y Ow C r y y O E a G :D V.? E C p a Sr ? E SOMA ?? as ;? O'3 'r C 8cu 'A O ? O d x•' G d W ? W •o O ? 3 O'in y O ops y3 $ u o 3 t? o r v J x3? u u w N w v. O Nd 4 w `td •e ? QUO O y d? ?i el `0 U .? Q w o. Z S o .w u w a N E?? fY U u a y Z a EE •E fl, ° u o. N y d a v y.?C oU a " ,D 4+'8 ? gs c c w ? 'TZ N'C fly,?i ? c a L o ?op 0 te °. o ri' 3 a ¢ o ss oo?F ono d z r 53? w O .n w w V r O c _ N 0 r C N ? U O a W z W W A Z Q O O U a Oq ?- x On0w $ N y ,? u 4•?'N? G O C r°' u3 i d W is ' O ?• O? p S ? X I I . p . . + V. o pp0Q r15 N G y u o ? v.? r o.E ° a '^ 'w p''f •^ ? C C er7'? per, V? Q' a? ay ?y? N ? •O Oy ? u 'fJ ? ? ? G ? oy Y ¢yNOr W qy W + G O y pq?Y CO u o J .G y$? ' y A ? ? n C a a? ? o 0 C N •.` N y *3 `?• c c'y y r 1O+ ?'ie C ?. r11 jj % d b?ly • d ? y a o ?• N M u yy r N c.. v „moo N ou 7 sl N O w ^Op, d u ? dyya O y O y v1 IL O GN p y j • r. w y •O Mc ? O E .' o ??COfl a I G? O O H d v ?. cc? 00 c? >1 O ? ,r um G?y - te u?°? qEa? ?a ?F x ? d •??? T? Y ? OoS ? % ? r?p 0 u O?' p, 3. 4 H O C O ? yooyip ? °y 3 ?xp wA y N r t qou? E ?b 3?; v `y .= O U cna f' O U ?,? >N^ ?U o~ T O O ot: N? Y} ° - u S V U x3? O o?d r y u ?3? 'C " pgh Rid N c O Y . EL- w o d u w C o 0 Z o Z N O v 96 > u N ` a. r b Y Ep? In C O L•y v u `? XC a O 0 C Y ' ? ? ? >' O ? C m J Y E -0 0 g,-S O u g6c E 09.- E ' ;T N ? ?U 3 0 0 0 u ' Y o W CQ W O a N Ry,w C ° 'o 0140. t? Ev o yy C •? CW p ' u N ?? ?o. E ° v o 0 Y L O•? 4 v ._ ° •- E R.?,,u N >,? u o e Qyg la ` Or 0 'o ff c o Y u N Y L' p U.E'1•. ?"'O LOw•« G Y ? ? a y N 7 C o .o o•- Yw^.? c V- p. .o • H > 00 0 .• >,-a a_. DN 0 v s N u T•v 3 .?CY y.?J Q or o o u •«, U._E e io y TM u ° a ?'_' M^C p ch N Y ? C L'•Y ? A a•a Np? 7 Y . • -, Ovvvp??? ?; ?E ° ? . y No? a 7 °Ep,?tJ : N NNE .?°aO? ?•E W 7 « . yH??t? V pG p °e=u3°`g3w° ' ' l i _0?o? ' ?' c= ?aE,'E OE?o ??E? os.°?u? " u p L' ?uCQ? v»?' a Q o o v, E a[-•?._ ? V) o F-._ ? Q.ov k? ?. v? v? . a N cnw r 0 c 0- r "a v ?O N . Oaa= o U °LoG °o. a y ° Yu 3 o 'C v Y •O u V Y v u v v • L u Y ? L y O C p G q C w ? a°i p lu 0 at 0 a a nY. a n ci 1„ a a e N3 z z z z z z z z .. y m a al h v 0 v b v v v p v v _ Eo? a a a a a a p.N? a a L 0 z z z z z z 40 O z z . x 3 R .tp s _s s s s s s s mod € w w c 3 wh w r wgh wr w e E 3 0.. ? O•y.0 o p.y.Q e n p•y .d o p.y.d e b °•N'C p•y .0 b O•y'O b p p•yy 1 a w Z s elu e-ng U u a sss b0^ U 'Y:e c=2 boo ° u't ?4 rss vu ° ut r c a eon U 'a>t s c v U arc -ats v U us .?ss U U 'us x3? ?3w y x3a ]C3a x3?e 7C3a ]C3a x3a rr?? Vl N ,a C 'u V1 E c s a A a w w 0 w 0 w 0 aui '-' ° u ' w u ' ° w ? . ,? ,n o ? d Y i c Y WO~ W bA 'y N 'd C u O Y AN y p O a d C 00 - 'O a Y N C u ?^ N Y W , n U 2 W E E d u 1. aM E R 4i Y O u o X -`^u ^ bn s d7 - = ' Y w ?' R u 4 mY0 H w?U 0 Cc ap? ? ? woo3 c. 40. , I96r4 ` Ew° ?' it C 7 N w a"i Y t`y W N N Y W 0,40 Y? G OD'O ° p' N Q.N•? :3 I y:o U 140 y 1. y U 7 v°i y 7 0 7 N •-`I Or vii 0 M L E? + N ?3Q W 7 W IS W W g :53 a N O c ?G E ,~ L Z?J a " L N Q' O C N C N 1...y C. C N y L' E C. C OD N N L 1'" 0.) N N Y Y C ' d 1-G L C .G u ? C te G G r a`3 ? pp N N R S R 4 C .' _ yy Q Y O - E N IF7 E N •--? ICJ E N E N ? N.0 >, ^ 7 3 GIRO « ? V N C V C u ti Y O 7 u C ° O C O 41 uyM O i ubM C Y e_oY .y O C eoay N C y °° ?? Y a? O ar N c a?'• C O ppC G W ° p Cp C on Y O Y Y.p •v 'C Y 4' Q EQ W ? ?? 0 4 C ? C y tp y c E-I oY+w-pu .,Eos p o°?H yo u o°,ao yv E E? oa 6o?Y• o e : i N °o?'°... e°n°puSio° . pORQ h.5 3 e e3Q 'h =30o N ' ' a"'?sco N '_ v. 40 C CC Y Y V o,°?p?osu Y I / o O by L w o H c ? T Y» C'- L Y O y V db C C 0. `. _ L R C aYi ?•? C = yy 9 Y Y y' y 'C Y EY J Cyr > y U fly C ?U C Y C ? BO y. "a ' a y ? b o •a? 0 °. f/? a,o a a C 3 $ t y 3 ?cg O Y1 C ?- O Colo ° ?- t E C,g o A! O.?• .,w o .? ?6 tot: pC Y m 3 s 'oa 8 a y aee?'o y ?b h ae ? Y aL n °lo6 aY ,; oL?Y Y? c u o Y u ?.- u a C ° c a a Q Z c > : 0 F 'aN wYI enQ o W 'm 0.N I mQ o ° w W N R N a L ° ° r3.4 Y L ° e ., f3+ W a 9 NO OR 1 U NO F e . / a W N r MM V R 4L N WO H Imo"'' W N ?a 1 ate N V H y; a N > m Q '0' N O N V V+ a TL O Y O".N 0 O ? p UMC;'E" w ra o CC N Oi 'd V 6Z-? x .5 a d 00 a 's 4 .Y?? W a I? C Uv b O O `"1 00 R N ' .. OA JR ? O N 0 ao 41 a ? tn ) a I a d Gq Y d .N ? v v v N v N 4+ 00 U r O O N cd u, v 4i, N O N ' of R N ? Y 0 ?i ?D y'n N > . 0 3 KrA 7, O a o Y ? J t} x _ a N W cN r- l ? ? d ? i 00 N JR, ? i 0 0 o v w r Y r+ R W d 4+ Y N O ?a ?N Y o v o °'or< v, $ ?. •y ? O +' O N d I?lJ ? ? () ++ cal s o•?o" ?Q a ? ? Q ti• t? b r_ c E - 0 rn n N a N G O F' .4 d r!^ r r r I L 1 1 1 1 1 I U L 'r 0) r O 0) 0) 0) as oa? `b5000 ?j 00 >? a? o y Th `. / O °?' 4. 4 (mow ? z o a°i N4 ° 0 o ° 0 .d g 0 co FF ?? ?y N ?y C) Cd 47 ?Q N IC'r ?» U3 (? RS ,7 V GQ N y , N M?+ . or , v 7J ' . O N > • co .0 ' N y ? to ? 1 ° .+ N H lC M+ 4' td W Ny ,b U N ;d 0 td H O n 0 o d) .b L1 p?>L'+N v ?b o0 as o?d a3 s . °>03 ?doas 5 z 8 °? y oA a 3 . z a O y y p N bp U rd v? co i Cdd 0 vJ i r ?./ aLi N c - ri H y a 0 0 0 y 0 y a . cn C40 'M (n W w .w ? ? Q.- ? M U U U U ? /? ??/ ? V a y oo N op N a/ O a w o o? ° ° o.? ti o x ob a o o O o: i x 3 x > ° 2 3 ` x 8 ° 0 E - n..4 ? Ow r o, o .rid t t w " ° 5 is ``> s g g ' . c ? ?w0 W S. O NywO 0) y cOU °' d 04. 0 «? o o., d N ?n p... 0 o S ) '21 N w OI .0 ? b ° ? N 0 0 N W W +.+ W to 5 .? ,t4 o 4) 0 lldd 1 w 5 W V1 y 1. = o°0?° W h N ' 'Ao° N hx3 A O 4 M M J. N M y o -- N l? 0) W N Al. a a? K? ?'Oda? o 0 d L1 O amid 0 c a O -??4) ?w35 - 0 ?° c14 O0. N ? ? N N N O O 04. O. Z s. 006 V s O OD b W 5 N Q a tiu on a? .N 5 w o w Li N •b .5 O O . a 'B y O 00 yD O.. CL b riD t oO L N G 0 0 'b pop 0) O ' ' ' = by t. 0 td A 0 N ? Q•? 0 h ? OQAx 6Ni w L y i" p• y 0 p O O o l bO D ° .+ O' O (? V O a y Vn UW ? . + V1'N Z GL'?A U N C O O a d 8 P m C N a L N 3 C a Cl) N 313.4. Amortization of Nonconforming Signs: Any sign that was legally existing as of the effective date of this Ordinance, that does not comply with the provisions listed in Section 313 of this Ordinance, shall be considered a nonconforming sign. All such nonconforming signs will be required to conform at such time as seventy-five percent (75%) or greater of the sign area is changed in any way, including, but not limited to, relocation, wording, logo, design, lighting and/or material composition. Nonconforming signs approved by variance will also be subject to this section. This section shall precede any requirement listed in Article 5 of this Ordinance; 313.5. Prohibited Signs - The following types of signs shall not be permitted in the Township: 1. Signs of such a design and location that they interfere with, compete for attention with, or may be mistaken for a traffic signal. This shall include any sign visible from the public right-of-way which uses an arrow device or the word "stop." It shall also include signs in which the colors red and green are used either in direct illumination or in high reflection by the use of special preparation, such as fluorescent paint or glass; 2. Any sign located in or extending into a public right-of-way, except those owned or operated by a duly constituted government; 3. Any freestanding or projecting sign within an area bounded by the intersection of two (2) rights-of-way and twenty (20) feet from such intersection along the rights- of-way, except permanent, on-site directional signs less than three (3) feet in height as permitted by Section 313.3. of this Ordinance; and, 313.6. Sign Permits - For signs requiring permits in Section 313.3., the following requirements shall apply prior to the erection of said signs: 1. Permit Applications: A. Application for a permit shall be made at the Township Office; B. Application shall be made on a form to be provided by the Township and shall contain the following information and documentation: a. The name(s) and address(es) of the sign owner and the landowner; b. An affidavit of title executed by the landowner(s) indicating the date and place of recording of the present title to the land; c. A drawing to scale, showing the location of the sign with reference to the adjoining property lines and streets; d. A drawing to scale, showing all dimensions of the sign. For a directional sign or an on-premise sign advertising activities being conducted on the Article 3 General Provisions -137- Silver Spring Township Zoning Ordinance .. real property, the drawing shall also contain an accurate representation of the advertising or informative contents of the sign; and, e. A description of the construction materials of the sign and its manner of installation; 2. All applications shall be reviewed, and permits issued, by the Zoning Officer. No sign permit shall be issued, except in conformity with the regulations of this Ordinance, except upon order of the Zoning Hearing Board, granted pursuant to the procedures established for the issuance of a variance; 3. Permit Issuance - Following permit application approval, a sign permit will be issued by the Zoning Officer upon receipt of required fees; 4. If there is any change in location or dimensions of any sign, or in advertising or informative contents of a sign, a new permit shall be required; and, 5. Revocation of Permits: A. All permits shall be subject to revocation upon fifteen (15) days written notice for violation of any provision or upon change of information provided in the application; and, B. Revocation of a permit shall not be cause for refund of the permit fee. SECTION 314 REQUIRED NUTRIENT MANAGEMENT PLANS All agricultural animal operations with more than two thousand (2,000) pounds live weight of livestock or poultry per acre shall comply with the Pennsylvania "Nutrient Management Act' 'of 1993, as may be amended. SECTION 315 OPERATIONS AND PERFORMANCE STANDARDS All uses proposed within the Township must operate in compliance with applicable State and Federal regulations, as they are periodically amended. The following lists known governmental regulations associated with various land use impacts. This list in no way excludes or limits Federal or State jurisdiction overuses within the Township, but is merely provided for information to applicants and landowners. 315.1. Noise Pollution and Vibration: "Rules and Regulations" of the Pennsylvania Department of Environmental Protection; 315.2. Air Pollution, Airborne Emissions and Odor: "Rules and Regulations" of the Pennsylvania Department of Environmental Protection; 315.3. Water Pollution: The Clean Streams Law June 22, 1937 P.L. 1987 35 P. S. 691.1, as amended; Silver Spring Township Zoning Ordinance -138- 1 Article 3 General Provisions 315.4. Mine Reclamation and Open Pit Setback: Pennsylvania Act No. 1984-219, the "Noncoal Surface Mining Conservation and Reclamation Act"; 315.5. Glare and Heat: "Rules and Regulations" of the Pennsylvania Department of Environmental Protection; 315.6. Handicap Access: The latest version of the American Disabilities Act; and, 315.7. Farming: Pennsylvania Nutrient Management Act of 1993. SECTION 316 COMMON OPEN SPACE REQUIREMENTS In those instances where common open space is required elsewhere in this Ordinance, or when an applicant proposes the use of common open space, such common open space shall comply with the following: 316.1. Required common open space shall be designed and arranged to achieve at least one of the following objectives, and the applicant shall demonstrate those specific measures employed to achieve these objectives: Protection of important natural resources (e.g., streams, ponds, wetlands, steep slopes, woodlands, unique geologic features, wildlife habitats, aquifer recharge -- areas, etc.); 2. Protection of important historical and/or archaeological sites; 3. Provision of usable areas that are conveniently accessible to residents within the development; and, 4. Integration of greenbelts throughout the development that link residences with on-site or adjoining parks, schools, or other similar features. 316.2. An essential element of the use of common open space is a written description and x plan for the disposition of ownership of common open space land designating those areas to be offered for dedication or to be owned by the specific form of organization proposed. The common open space shall be accomplished through one of the -- following: 1. An offer of dedication to the Township. The Township shall not be obligated to accept dedication of the common open space; 2. With permission of the Township, and with appropriate deed restrictions in favor of the Township and in language acceptable to the Township Solicitor, the developer may transfer ownership of the common open space or a portion thereof to a private, nonprofit organization among whose purposes is the preservation of Article 3 General Provisions -139- Silver Spring Township Zoning Ordinance common open space land and/or natural resources. The organization shall be a bona fide conservation organization with a perpetual existence, the conveyance must contain appropriate provision for reverter or retransfer if the organization is unable to maintain the land, and the organization must enter into a maintenance agreement with the Township; 3. The developer shall provide for and establish an organization for the ownership and maintenance of the common open space which shall be generally consistent with the requirements for unit owners; associations found in the Pennsylvania Uniform Condominium Act, 68 Pa. C.S. §3101 et seq. If such an organization is created, the agreements of sale and deeds for all lots shall contain the following requirements in language acceptable to the Township Solicitor: A. Such organization shall not dispose of the common open space by sale or otherwise, except to the Township, unless the Township has given prior written approval. Such transfer shall be made only to another organization which shall maintain the common open space in accordance with this Ordinance; B. The organization and all lot owners shall enter into a maintenance agreement with the Township and shall agree to be bound by the provisions of Article VII of the Pennsylvania Municipalities Planning Code relating to the maintenance of deteriorating common open space by municipalities; and, C. The Township may require the establishment of a reserve fund to provide for maintenance of or capital improvements to the common open space. SECTION 317 ARCHITECTURAL DESIGN STANDARDS 317.1. Developers of commercial, industrial and institutional buildings are encouraged to design and construct buildings that complement the Township's developing landscape. To that effect, the Township offers an optional set of architectural design standards that are tied with the granting of a conditional use. In this case, the underlying Zone stipulates the types of uses permitted and many applicable design standards; however, applicants may opt to obtain conditional use approval subject to specific architectural design standards contained herein. This carries a prescribed increase in permitted lot coverage as inducement to prospective developers. These optional standards may only be applied to property upon approval by the Board of Supervisors and written acceptance by the landowner of all requirements of this section, and any valid conditions of approval attached by the Board of Supervisors; 317.2. Buildings and sites should be designed by qualified architects and constructed and maintained so that they: 1. Except for architectural metal wall panels (which shall be permitted but do not include steel ribbed siding), make use of nonmetal exterior wall materials as viewed from adjoining streets and residentially-zoned properties; 2. Visually screen heating, ventilation, air conditioning, elevator, or other mechanical appurtenances, from adjoining streets and properties; and, Silver Spring Township Zoning Ordinance -140- Article 3 General Provisions 1 3. Place utilities underground; 317.3. Graphic elevations drawn to scale, with materials labeled and a color palette, shall be submitted as part of the conditional use review process; 317.4. In return for compliance with the above-described design standards, the Township can award the following development bonuses as part of the conditional use approval: Underlying Zone Maximum Permitted Lot Coverage in Underlying Zone Maximum Permitted Lot Coverage With Optional Architectural Design C-2 60% 80% C-3 60% 80% O 60% 80% I-1 60% 80% I-2 60% 80% INT 60% 80% 317.5. Should any part of this Section 317 be declared invalid by the courts, the entire Section 317 shall be automatically repealed. SECTION 318 OUTDOOR STORAGE AND DISPLAY REQUIREMENTS 318.1. Shopping Cart Storage - For grocery stores, or other stores containing grocery departments, the outdoor storage and collection of shopping carts is permitted under the following conditions: 1. . Shopping carts may be collected and stored immediately in front of the storefront (upon sidewalks, or under a canopy) and/or within the parking lot; 2. No shopping cart storage.and collection areas shall be located upon any facilities used for vehicle circulation, loading, or emergency vehicle access (e.g., fire lanes). Shopping cart collection areas will be allowed at designated areas located within parking lots; 3. Such shopping cart storage and collection areas shall be situated so as to provide clear pedestrian access (sidewalk or other area) at least eight (8) feet wide adjacent to the curb along the storefront; 4. Signage for such shopping cart storage and collection areas shall be governed by those regulations pertaining to on-site informational signs as regulated by Section 313 of this Ordinance; and, Article 3 General Provisions -141- Silver Spring Township Zoning Ordinance ' 5. The applicant shall submit a working plan for the collection of shopping carts from the parking lot. Also, the applicant shall be required to depict intended shopping cart storage and collection areas upon any permits and/or plans required ' by the Township. No additional permits shall be required unless such areas change location or size; 318.2. Seasonal Sidewalk Displays: 1. Only seasonal merchandise may be displayed, and shall be limited to the calendar ' periods between April 1 and October 1, and November 25 and January 5, of each year; ' 2. The location of such outdoor displays shall be limited to sidewalks, under canopies, or other areas immediately in front of the building's storefront. The stacking and/or display of such items shall be arranged to provide clear pedestrian ' access (sidewalk or other area) at least eight (8) feet wide adjacent to the curb along the storefront; ' 3. In no case shall the location of such sidewalk display areas occur within any area used for vehicular circulation, parking and loading, nor emergency vehicle access ' (e.g., fire lanes); 4. In no case shall such sidewalk display area exceed fifty percent (50%) of the lineal t storefront dimension. (For example, a 200-foot long storage could display no more than 100 lineal feet of a sidewalk display.); ' 5. No signage, except as authorized by Section 313 of the Ordinance, shall be permitted; and, 6. The applicant shall submit a working plan to the Township for the clean-up of litter and debris which may result from such outdoor display. Also, the applicant shall depict intended sidewalk display areas upon any permits and/or plans ' required by the Township. No additional permits shall be required unless such areas is to change location or size; 318.3. Sp ecial Event Sales: 1. In addition to the above, two special event sales shall be permitted per calendar ' year. Such special event sales shall be limited to no more than a total of thirty (30) days per calendar year; ' 2. Special event sales displays shall be located no closer than thirty-five (35) feet from an adjoining road, nor ten (10) feet from any side or rear lot lines; 3. Special event sales may be located within the parking lot, provided that such location minimizes congestion within the parking lot, and those access drives that provide direct vehicular access to adjoining roads. Within parking lots, such Silver Spring Township Zoning Ordinance -142- Article 3 General Provisions display areas shall be specifically delineated from the adjoining parking lot by the use of identifiable barriers (e.g., tents, canopies, temporary fences, or ropes. Additionally, location within the parking lot shall only be permitted upon parking spaces in excess of the number required by Section 603 of the SLDO; 4. Special event sales shall not be located within the parking lot during the months of November, December, January, February, and March, because of the potential need for snow removal; 5. The area devoted to special event sales displays shall not exceed twenty percent (20%) of the gross leasable floor area of the use(s) conducting the special event sale; 6. In planned centers, special event sales shall be jointly held by all of those occupants of the planned center who wish to participate. No individual occupants of a planned center shall be permitted to conduct separate special event sales. The planned center's management will be responsible for the coordination of this activity; 7. All uses conducting a special event sale shall be responsible for the ongoing clean-up of litter and debris. Also, no exterior public address, nor lighting systems shall be used which produce impacts beyond the subject property; and, 8. Signage for special event sales shall comply with the applicable requirements contained within Section 313 of this Ordinance. SECTION 319 PUBLIC UTILITIES STRUCTURES 319.1 Public Utilities Structures (excluding communication antennas, towers, and equipment) Minimum Lot Area - Three thousand five hundred (3,500) square feet; Minimum Lot Width - Fifty (50) feet; Maximum Lot Coverage - Fifty (50) percent; Minimum Yard Setbacks - Front - Twenty-five (25) feet; One side - Ten (10) feet; Both Sides - Twenty (20) feet; Rear - Fifteen (15) feet; Maximum Height - Fifteen (15) feet; Screening - a visual screen must be provided. The architectural design of the exterior of any building shall be in keeping with other structures in the neighborhood. Article 3 General Provisions -143- Silver Spring Township Zoning Ordinance SECTION 320 ACCESSORY APARTMENTS ' b 320.1. ject to Within the (C, A, R, and RE) Zones, accessory apartments are permitted uses, su the following criteria and within the (VO) Zone, accessory apartments are permitted by ' conditional use subject to the criteria stated in Section 401. 320.2. Only one (1) accessory apartment shall be permitted as an accessory use to a principal ' owner-occupied single-family detached dwelling; 320.3. An accessory apartment shall be contained within the principal building or within a ' portion of an accessory building; 320.4. Regardless of the location of the accessory apartment, no accessory apartment shall ' comprise more than forty percent (40%) of the habitable floor space contained within the principal dwelling; 320.5. The applicant shall demonstrate that an approved means of sewage disposal and reliable water supply shall be used; ' f di 320.6. escape rect means o All units contained on floors above or below grade shall have a to ground level; ' 320.7. Any modifications to the external appearance of the building (except fire escapes) shall complement its residential character; and, 320.8. One (1) off-street parking space shall be provided in addition to those required by other ' uses on the property. ' SECTION 321 AMUSEMENT ARCADES 321.1. Within the (C-2 and C-3) Zones, amusement arcades are permitted uses, subject to the ' following criteria: 321.2. All activities shall take place within a completely-enclosed building; 321.3. The applicant must furnish evidence as to how the use will be controlled so as to not constitute a nuisance due to noise or loitering outside the arcade; ' 321.4. A minimum of one parking space for each eighty (80) square feet of gross leasable floor area shall be provided. In addition, any accessory uses (e.g., snack bar) shall also require parking to be provided in accordance with the schedule listed in the SLDO; and, ' 321.5. A working plan for the cleanup of litter shall be furnished and implemented by the applicant . Silver Spring Township Zoning Ordinance -144- Article 3 General Provisions SECTION 322 AUTOMOBILE PARTS STORE AND AUTOMOTIVE SERVICE AND REPAIR FACILITIES 322.1. Within the (C-2) Zone, automobile parts stores and automotive service and repair facilities are permitted uses, subject to the following: 322.2. Such uses are accessory to a principal department or variety store, and all service and/or repair activities shall be conducted within a completely-enclosed building; 322.3. All uses involving drive-thru service shall provide sufficient on-site stacking lanes to prevent vehicle back-ups on adjoining roads; 322.4. No outdoor storage of parts, equipment, lubricants, fuel or other materials used or discarded, as part of the service or repair operation, shall be permitted; 322.5. All exterior vehicle storage areas shall be screened from adjoining residentially-zoned properties and roads; 322.6. The storage of unlicensed vehicles is prohibited; 322.7. Any ventilation equipment outlets associated with the service/repair work area(s) shall not be directly toward any adjoining residentially-zoned property; 322.8. All vehicles shall be repaired and removed from the premises promptly, and in any case not to exceed thirty (30) days; 322.9. The demolition or junking of vehicles is prohibited; and 322.10. The applicant shall furnish evidence that the storage and disposal of materials and wastes will be accomplished in a manner that complies with all applicable regulations. SECTION 323 AUTOMOBILE SERVICE AND REPAIR FACILITIES 323.1. Within the (C-3) Zone, automobile service and repair facilities are permitted uses, subject to the following criteria: 323.2. All service and/or repair activities shall be conducted within a completely-enclosed building; 323.3. All uses involving drive-thru service shall provide sufficient on-site stacking lanes to prevent vehicle back-ups on adjoining roads; 323.4. No outdoor storage of parts, equipment, lubricants, fuel or other materials used or discarded, as part of the service or repair operation, shall be permitted; Article 3 General Provisions -145- Silver Spring Township Zoning Ordinance 0 323.5. All exterior storage areas shall be subject to lot coverage requirements and screened from adjoining residentially-zoned properties and roads; I _J 323.6. The storage of unlicensed vehicles is prohibited; 323.7. Any ventilation equipment outlets associated with the service/repair work area(s) shall not be directly toward any adjoining residentially-zoned property; 323.8. All vehicles and machinery shall be repaired and removed from the premises promptly; 323.9. The demolition or junking of vehicles and machinery is prohibited. Demolished vehicles or parts thereof shall be removed from the site within two (2) weeks of arrival; and, 323.10. The applicant shall furnish evidence that the storage and disposal of materials will be accomplished in a manner that complies with State and Federal regulations. I SECTION 324 AUTOMOBILE FILLING STATIONS (INCLUDING MINOR INCIDENTAL REPAIR) 324.1. Within the (C-1, C-2 and C-3) Zones, automobile filling stations (including minor incidental repair) are permitted uses, subject to the following criteria: 1 1 324.2. The subject property shall have a minimum width of one hundred twenty-five (125) feet; 324.3. The subject property shall front on an arterial or collector road; 324.4. The subject property shall be set back at least three hundred (300) feet from any lot containing a school, day-care facility, park, playground, library, hospital or nursing, rest or retirement home; f: 324.5. The outdoor storage of motor vehicles (whether capable of movement or not) for more than one (1) month is prohibited; 324.6. All structures (including air compressors, kiosks, gasoline pump islands, but not permitted signs) shall be set back at least thirty (30) feet from any street right-of-way line; 324.7. No outdoor storage of auto parts shall be permitted; 324.8. Access driveways shall be a minimum of twenty-eight (28) feet and a maximum of thirty-five (35) feet wide and separated by seventy-five (75) feet from one another if located along the same frontage as measured from edge to edge; Silver Spring Township Zoning Ordinance -146- ' Article 3 General Provisions 324.9. All ventilation equipment associated with fuel storage tanks shall be set back one hundred (100) feet and oriented away from any adjoining residentially-zoned properties; and, 324.10. The applicant shall furnish evidence that the storage and disposal of materials will be accomplished in a manner that complies with State and Federal regulations. SECTION 325 BILLBOARDS 325.1. Within the (I-2) Zone, billboards are permitted uses, subject to the following criteria: 325.2. No billboard shall be located within one thousand (1,000) feet of another billboard; 325.3. All billboards shall be a minimum of fifty (50) feet from all property lines; 325.4. All billboards shall be set back at least one hundred (100) feet from any land within a residential zone; 325.5. No billboard shall obstruct the view of motorists on adjoining roads, or the view of adjoining commercial or industrial uses, which depend upon visibility for identification; 325.6. No billboard shall exceed an overall size of three hundred (300) square feet, nor exceed twenty-five (25) feet in height; and, 325.7. All properties upon which a billboard is erected shall be regularly maintained so as not to create a nuisance by means of weeds, litter or vector habitation. SECTION 326 CAR WASHES 326.1. Within the (C-3) Zone, car washes is a permitted use, subject to the following criteria: 326.2. Public sewer and public water facilities shall be utilized and gray water recycling is encouraged; 326.3. For automatic and self-service car washes, each washing bay shall provide a minimum one hundred (100) foot long on-site stacking lane which precedes the washing process. For full service car washes, such on-site stacking shall be a minimum of three hundred (300) feet per lane; 326.4. For full service car washes, a post-washing drying area shall be provided for no less than six (6) vehicles per washing lane; 326.5. All structures housing washing apparatuses shall be of masonry construction and set back one hundred (100) feet from any street right-of-way line, fifty (50) feet from any rear property line, and twenty (20) feet from any side lot line; Article 3 General Provisions -147- Silver Spring Township Zoning Ordinance 1 326.6. Trash receptacles shall be provided and routinely emptied to prevent the scattering of litter, and the applicant shall furnish and implement a working plan for the cleanup of litter and debris; ' 326.7. The subject property shall front on an arterial or collector road; and, 326.8. The applicant shall demonstrate adequate provision for the collection and disposal of ' greases and wastes. ' SECTION 327 CLUSTER DEVELOPMENTS 327.1. Within the (R-2) Zone, cluster developments are a permitted use, subject to the ' following criteria and within the (R-1) Zone, cluster developments are permitted by conditional use, subject to the criteria stated in Section 408. 327.2. Purpose - Cluster Developments are intended to blend various residential development types amid substantial areas of the Township that are characterized by severe ' development constraint, natural sensitivity and/or public parklands. It is the express purpose to offer a density bonus and flexible design standards as enabled in the Act for the preservation and protection of natural-cultural features and/or the provision of public ' accessible common open space; 327.3. The minimum lot area devoted to a cluster development shall be two (2) acres; 327.4. All proposed dwellings shall be connected to and served by both public sewer and public water utilities; ' 327.5. Delineation of Required Common Open Space - As part of the site planning process for the cluster development, the applicant shall be required to prepare a graphic design ' drawing depicting the natural and cultural features associated with the site. Experts must identify, describe and plot each of the following found on the proposed site: ' 100-year floodplains; • steep slopes [greater than fifteen percent (15%o)]; ' wetlands, streams, ponds, or other water bodies; sinkholes, caves, vistas, or other significant geologic features; threatened or endangered species habitats; ' archaeologic resources historic resources; and, significant stands of mature trees. ' In addition, the applicant can include proposed parklands within required common open space if such parkland complies with the following: 1. The parkland shall be located and designed so that safe and convenient access shall be provided to all existing and proposed inhabitants. Additionally, each site Silver Spring Township Zoning Ordinance -148- Article 3 General Provisions shall have at least one (1) area available for vehicular access that is no less than twenty-four (24) feet in width; 2. The parkland shall be sized and configured so as to accommodate its intended uses. Sufficient lot width/depth dimension shall be provided so as to accommodate, where practicable, ball fields, courts and other open play areas. Furthermore, should a development be proposed at a location contiguous to an existing park, parklands should be provided, where practicable, as an expansion of the existing facility; 3. The parkland shall have suitable topography and soil conditions for use and development as active play areas. No more than twenty-five percent (25%) of the site shall be comprised of floodplains, storm water management facilities and/or slopes exceeding three percent (3%). Any unimproved site shall be provided with a healthy and vibrant grass ground cover; 4. The parkland shall be located and designed to conveniently access needed proximate public utilities (e.g„ sewer, water, power, etc.). However, no part of any overhead utility easement, nor any above ground protrusion of an underground utility shall be permitted in active play areas of the site; No part of the parkland shall be calculated as part of any required setback, yard and/or open space for adjoining lots or uses as regulated by the Zoning Ordinance; 6. The parkland shall comply with any applicable design, orientation, size and location guidelines listed in the Township's Official Recreation Plan for its particular neighborhood; and, 7. The ownership and maintenance of common open space shall be governed by _ Section 316 of this Ordinance. 327.6. Required Ratio and Permitted Densities of Housing Types - The following tabulates permitted residential structure types and densities within cluster developments based upon the extent of proposed common open space. Percentage of Dwelling Units Required by Structural Type Proposed Common Open Space (Percent of Total Site Area) Single-Family Detached Duplex Townhouses or Multiple-Family Dwellings No less than 25% At least 90% No more than 10% No more than 10% 31 to 5001. At least 65% No more than 35% No more than 35% 51 to 65% At least 30% No more than 700% No more than 70% 65% or more No more than 100% No more than 100% No more than 100% Article 3 General Provisions -149- Silver Spring Township Zoning Ordinance 11 1 1 11 1 327.7. Required Design Standards - Within cluster developments, the maximum permitted residential density is four (4) units for the R-1 Zone, and six (6) units for the R-2 Zone per net acre of the site, including common open space. The maximum permitted density of a cluster development shall be subject to a ten percent (10%) density bonus for applicants who design and construct linear paths that fully integrate the "developed" areas of the site with the common open spaces and/or other adjoining linear paths. Such density bonus shall be awarded solely at the discretion of the Board of Supervisors through the conditional use review process. Any linear path proposed shall consist of an all-weather durable surface that is at least six (6) feet wide, with average slopes no more than five percent (5%) and maximum slopes of fifteen percent (15%). The ownership and maintenance responsibilities for such linear paths shall be governed by the same options as those expressed for common open spaces in Section 316 of this Ordinance. The following table and its footnotes present applicable design standards applied to the various dwellings/lots: Maximum Minimum Lot Width Maximum Minimum Required Yards Minimum Permitted at Building Lot Use Lot Ares Height Setback/ Fronts a Coverage Frone One Side Both Sides Rear Single- Family 6,000 sq. ft. 35 ft. 60 ft. (50 ft.) 50% 25 ft. 6 ft. 12 ft.' 15 ft. Detached Dwelling Duplexes 3,500 sq. ft. 35 ft. 45 ft. (40 ft. 60% 25 ft. 10 ft. N/A 15 ft. per unit per unit Townhouses 1,800 sq. ft. 35 ft. 18 ft. (18 ft.) 75% 25 ft. 15 ft. (End Units) 20 ft. per unit per unit Multiplo-Family3 43,500 sq. ft. 35 ft. 150 ft. (200 ft.) 60% 35 ft. 30 ft. 60 ft. 35 ft. ' Within a cluster development, singtefamily detached dwellings may employ a zerbot line design when the following conditions have been satisfied: a. Minimum lot width shall be fortyfive (45) feet and thirtyfive (35) feet at the building setback and the lot frontage, ' respectively. be located no less than one (1) inch from one of the side lot lines when adjoinkWther One side wall of the structure ma b y . zero-lot4ine dwelling lot. The opposite side yard shall be at least ten (10) feet wide. c. A perpetual six (6) foot wallmaintenance easement shall be provided on the lot adjacent to the zediDt line, which shall be ' kept clear of structures aid vegetation. This easement shall be shown on the plat and incorporated into each deed transferring title to the property. The wall shall be maintained in its original color and treatment, unless otherwise agreed to in writing by the two affected lot owars. ' d. Roof overhangs may penetrate the easement on the adjacent lot a maximum of twenfpur (24) inches, but the roof shall be so designed that water runoff from the dwelling place on the lot line is limited to the easement area. 17 e. The wall of a dweling located along the zerelot-line shall have no openings (e.g., windows, doors, air conditioning units, vents, etc.), unless such openings are located at least eight (8) feet above grade, and have translucent panels. : No townhouse building shall contar more than eight (8) units. For each townhouse building containing more than four (4) units, no more than sixty percent (600%) of such units shall have the same front yard setback; the minimum variation of setback shall be two (2) feet. In addition, nomore than two (2) contiguous units shall have identical roof lines that generally parallel the ground along the same horizontal plane. All townhouse buildings shall be set back a minimum of fifteen (15) feet from any interior access drives, or parking faalities contained on commonlyheld lands. All townhouse buildings shall be set back at least thirty (30) feet from any perimeter boundary of the development site. In those instances where several townhouse buildings are located on the same lot, the folloving footnote 3 shall apply. ' In those instances where several multipld'amily dwelling buildings and/or townhouse buildings are located on the same lot, the following separation distances will be provided between each building: Silver Spring Township Zoning Ordinance -150- ' Article 3 General Provisions a. Front to front, rearto rear, or front to rear, parallel buildings shall have at least fifty (50) feet between faces of the building. If the front or rear faces are obliquely aligned, the above distances may be decreased by as much as ten (10) feet at one end if increased bysimilar or greater distance at the other end. b. A minimum yard space of thirty (30) feet is required between end walls of buildings. If the buildings are at right angles to each other, the distance between the comers of the end walls of the building rpthe reduced to a minimum of twenty (20) feet. c. A minimum yard space of thirty (30) feet is required between end walls and front or rear faces of buildings. d. All multiplafamily dwelling buildings shall be set back a minimum of fifteen (15) feet froeny interior access drives or parking facilities contained on commonljheld lands. 4 If the property abuts an arterial or collector road, the minimum front yard setback shall be forty (40) feet from the rigmway line. Except for multiplefamily dwellings, the minimum front yard setback for accessory residential garages shall be twenty (20) feet. SECTION 328 COMMERCIAL DAY-CARE FACILITIES 328.1. Within the (I-1 and I-2) Zones, commercial day-care facilities are permitted uses, subject to the following criteria, in the (C-2 and INT) Zone, commercial day-care facilities are permitted by conditional use, subject to the criteria stated in Section 409, and in the (R-2) Zone, commercial day-care facilities are permitted by special exception, subject to the criteria stated in Section 409: 328.2. An outdoor play area shall be provided, at a rate of sixty-five (65) square feet per individual enrolled. Off-street parking compounds shall not be used as outdoor play areas. Outdoor play areas shall not be located within the front yard. Additionally, outdoor play areas shall be located and designed so as not to disrupt normal activities of adjoining uses permitted within the Zone and/or neighborhood. Outdoor play areas shall be completely enclosed by a minimum four (4) foot high fence, and screened from adjoining residentially-zoned properties. Any vegetative materials located within the outdoor play areas shall be of a nonharmful type (poisonous, thorny, allergenic, etc.) All outdoor play areas must provide a means of shade, such as a shade tree(s) or pavilion(s); 328.3. Enrollment shall be defined as the largest number of persons and/or children under day- care supervision at any one time during a seven-day period; 328.4. Passenger "drop-off' and "pick-up" areas shall be provided on site and arranged so that the passengers do not have to cross traffic lanes on or adjacent to the site; 328.5. One (1) off-street parking space shall be provided for each six (6) persons enrolled; 328.6. All commercial day-care facilities shall obtain and maintain proper licensure from the Commonwealth of Pennsylvania; and, 328.7. The applicant shall demonstrate that adequate safeguards are provided to protect students from nearby industrial activities and uses. SECTION 329 COMMERCIAL RECREATION FACILITIES Article 3 General Provisions -151- Silver Spring Township Zoning Ordinance 4M I329.1. Within the (C-2 and C-3) Zones, commercial recreation facilities are permitted uses, subject to the following criteria: ' 329.2. If the subject property contains more than two (2) acres, it shall front on an arterial or and/or landscaping measures to mitigate any visual and/or audible impacts on adjoining ' 329.7. Any booths or other structures used for the collection of admission and/or parking fees collector road; ' 329.3. Those uses involving extensive outdoor activities shall provide sufficient screening ' properties; 329.4. Any structures exceeding the maximum permitted height may be permitted so long as they are set back from all property lines at least the horizontal distance equal to their height, plus an additional fifty (50) feet. Furthermore, such structures shall not be used for occupancy; 329.5. The applicant shall furnish expert evidence that the proposed use will not be detrimental to the use of adjoining properties due to hours of operation, noise, light, ' litter, dust and pollution; 329.6. Required parking will be determined based upon a combination of the types of activities proposed and the schedule listed in the SLDO. In addition, an unimproved grassed overflow parking area to be provided for peak use periods may be required. Such overflow parking areas shall be accessible only from the interior driveways of the permanent parking lot. Overflow parking areas shall contain fencing to prevent vehicles from crossing adjoining properties or directly accessing adjoining roads; shall be set back and arranged to prevent vehicle back-ups on adjoining roads during peak arrival periods. Any other collection of fees (roaming parking lot attendants) shall be conducted in a manner to prevent vehicle back-ups on adjoining roads. If, at any time after the opening of the commercial recreation facility, the Township determines that traffic back-ups are occurring on adjoining roads, and such back-ups are directly related to the means of access to the subject property, the Township can require the applicant to revise means of access to relieve the undue congestion; and, 329.8. Any outside pedestrian waiting lines, shall be provided with a means of shade. ' SECTION 330 DRIVE-THRU AND/OR FAST-FOOD RESTAURANTS ' 330.1. Within the (C-2 and C-3) Zones, drive-thru and/or fast-food restaurants are permitted uses, subject to the following criteria: ' 330.2. The subject property shall front on an arterial or collector road; Silver Spring Township Zoning Ordinance -152- Article 3 General Provisions 330.3. Exterior trash receptacles shall be provided and routinely emptied so as to prevent the scattering of litter. All applications shall include a description of a working plan for the cleanup of litter; 330.4. All drive-thru window-lanes shall be separated by curb from the parking lot's interior driveways; 330.5. Any exterior speaker/microphone system shall be arranged and/or screened to prevent objectionable noise impact on adjoining properties; 330.6. All exterior seating/play areas shall be completely enclosed by a minimum three (3) foot high fence; 330.7. No part of the subject property shall be located within two hundred (200) feet of any residentially-zoned land; and, 330.8. Each drive-thru lane shall have two hundred feet of on-site stacking preceding the order location. SECTION 331 ECHO HOUSING 331.1. Within the (C, A and R) Zones, ECHO housing are permitted uses, subject to the following criteria: 331.2. The elder cottage shall be of portable construction and may not exceed nine hundred (900) square feet of floor area; 331.3. The total building coverage for the principal dwelling, any existing accessory structures and the elder cottage together shall not exceed the maximum lot coverage requirement for the respective zone; 331.4. The elder cottage shall only be occupied by at least one (1) person who is at least fifty (50) years old, or is handicapped or disabled, and is related to the occupants of the principal dwelling by blood, marriage or adoption; 331.5. The elder cottage shall be occupied by a maximum of two (2) people; 331.6. Utilities: 1. For sewage disposal and water supply and all other utilities, the elder cottage shall be physically connected to those systems serving the principal dwelling. No separate utility systems or connections shall be constructed or used. All connections shall meet the applicable utility company standards; and, 2. If on-site sewer or water systems are to be used, the applicant shall submit evidence showing that the total number of occupants in both the principal Article 3 General Provisions -153- Silver Spring Township Zoning Ordinance LF1 dwelling and the elder cottage will not exceed the maximum capacities for which the one-unit systems were designed, unless those systems are to be expanded, in which case the expansion approvals are to be submitted. Any connection to or addition to an existing on-site sewer system shall be subject to the review and ' approval of the sewage enforcement officer; 331.7. A minimum of one (1) all-weather, off-street parking space, with unrestricted ingress ' and egress to the street, shall be provided for the elder cottage, in addition to that required for the principal dwelling; ' 331.8. The elder cottage shall be installed and located only in the side or rear yards, and shall adhere to all side and rear yard setback requirements for principal uses; 331.9. The elder cottage shall be removed from the property within three (3) months after it is no longer occupied by a person who qualifies for the use; and, 331.10. Upon the proper installation of the elder cottage, the Zoning Officer shall issue a temporary zoning permit. Such permit shall be reviewed every twelve (12) months until such time as the elder cottage is required to be removed. A fee, in the amount to be set by the Board of Supervisors, shall be paid by the landowner upon each renewal of the temporary zoning permit. Such fee shall be based upon the cost of the annual review of the permit. i SECTION 332 FARMERS AND/OR FLEA MARKETS ' 332.1. Within the (C-3) Zone, farmers and/or flea markets are permitted uses, subject to the following criteria: 332.2. The retail sales area shall be considered to be that of the smallest rectangle, or other regular geometric shape which encompasses all display stands, booths, tables or stalls, plus any adjoining aisles and/or walkways from which consumers can inspect items for sale. The retail sales shall include all indoor and/or outdoor areas as listed above; 332.3. The retail sales area shall be set back at least fifty (50) feet from all property lines, and ' shall be calculated as part of the maximum permitted lot coverage, regardless of its surface treatment; 332.4. Off-street parking shall be provided at the rate of one (1) space per each two hundred (200) square feet of retail sales area; ' 332.5. Off-street loading shall be calculated upon the retail sales area described above and according to the schedule listed in the SLDO; 332.6. All outdoor display and sales of merchandise shall not begin prior to one (1) hour before official sunrise and shall cease no later than one (1) hour after official sunset; Silver Spring Township Zoning Ordinance -154- Article 3 General Provisions 332.7. Any exterior amplified public address system shall be arranged and designed so as to prevent objectionable impact on adjoining properties; and, 332.8. Exterior trash receptacles shall be provided amid any outdoor retail sales area. Such trash receptacles shall be routinely emptied so as to prevent the scattering of litter and debris. All applications shall include a description of a working plan for the cleanup of litter. SECTION 333 (RESERVED FOR FUTURE USE) SECTION 334 (RESERVED FOR FUTURE USE) SECTION 335 HOME IMPROVEMENT AND BUILDING SUPPLY STORES 335.1. Within the (C-2) Zone, home improvement and building supply stores are permitted uses, subject to the following criteria: 335.2. If the subject property contains more than two (2) acres, it shall front along an arterial or collector road; 335.3. The retail sales area shall be all areas open for public display, including but not limited to shelves, racks, bins, stalls, tables, and booths, plus any adjoining aisles or walkways from which consumers can inspect items for sale. The retail sales area shall include both interior and exterior areas as listed above; 335.4. Off-street parking shall be provided at the rate of one space for each two hundred (200) square feet of interior retail sales area, plus one (1) space for each five hundred (500) square feet of exterior retail sales area; 335.5. All exterior retail sales areas shall include a dust-free surface and a completely enclosed minimum six (6) foot high fence and gate; 335.6. All exterior storage and retail sales areas (exclusive of nursery and garden stock) shall be located within a side and/or rear yard, and shall be screened from adjoining roads and properties; 335.7. The applicant shall furnish expert evidence that any exterior amplified public address system and/or exterior lighting has been arranged and designed so as to prevent objectionable impact off the site; 335.8. Any drilling, cutting, sawing, mixing, crushing or some other preparation of building materials, plus any testing or repair of motorized equipment shall be conducted within a completely enclosed building; and, Article 3 General Provisions -155- Silver Spring Township Zoning Ordinance J 335.9. The applicant shall submit a traffic study as governed by Section 402.05. of the SLDO. ?J it 1 1 1 Silver Spring Township Zoning Ordinance -156- Article 3 General Provisions SECTION 336 MINI-WAREHOUSES 336.1. Within the (C-3, I-1 and I-2) Zones, mini-warehouses are permitted uses, subject to the following criteria: 336.2. Off-street parking spaces shall be provided at the rate of one (1) space per each twenty- five (25) units, plus one (1) per two hundred fifty (250) square feet of office space; 336.3. Parking shall be provided by parking/driving lanes adjacent to the buildings. These lanes shall be at least twenty-six (26) feet wide when cubicles open onto one side of the lane only, and at least thirty (30) feet wide when cubicles open onto both sides of the lane; 336.4. Required parking spaces may not be rented as, or used for, vehicular storage. However, additional external storage area may be provided for the storage of privately-owned travel trailers and/or boats, so long as such external storage area is screened from adjoining residentially-zoned land and adjoining roads, and is located behind the minimum front yard setback line. This provision shall not be interpreted to permit the storage of partially dismantled, wrecked, or inoperative vehicles; 336.5. All storage shall be kept within an enclosed building except that the storage of flammable, highly combustible, explosive or hazardous chemicals shall be prohibited. Any fuel tanks and/or machinery or other apparatuses relying upon such fuels shall be stored only in an external storage area as described above; 336.6. Because of the danger from fire or explosion caused by the accumulation of vapors from gasoline, diesel fuel, paint, paint remover, and other flammable materials, the repair, construction, or reconstruction of any boat, engine, motor vehicle, or furniture is prohibited; 336.7. No door openings for any mini-warehouse storage unit shall be constructed facing any residentially-zoned property; 336.8. Mini-warehouses shall be used solely for the dead storage of property. The following lists examples of uses expressly prohibited upon the site: 1. Auctions, commercial wholesale or retail sales, or garage sales; 2. The servicing, repair, or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances, or other similar equipment; 3. The operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment; 4. The establishment of a transfer and storage business; and, 5. Any use that is noxious or offensive because of odors, dust, noise, fumes, or vibrations; Article 3 General Provisions -157- Silver Spring Township Zoning Ordinance ... The applicant shall adequately demonstrate that all mini-warehouses rental and/or use contracts shall specifically prohibit these uses. SECTION 337 NONCOMMERCIAL KEEPING OF LIVESTOCK 337.1. Within the (C, A, and R) Zones, noncommercial keeping of livestock is a permitted use, ' subject to the following criteria. Within the (RE) Zone, noncommercial keeping of livestock is permitted by special exception, subject to the criteria stated in Section 427. 337.2. Minimum Lot Area - Two (2) acres. Additionally, the following list specifies additional area requirements by size of animals kept: GROUP 1 - Animals whose average adult weight is less than ten (10) pounds shall be permitted at an animal density of twelve (12) per acre, with a maximum number of fifty (50) animals; GROUP 2 - Animals whose average adult weight is between ten (10) and sixty-five (65) pounds shall be permitted at an animal density of two (2) per acre, with a maximum number of twenty (20) animals; and, GROUP 3 - Animals whose average adult weight is greater than sixty-five (65) pounds shall be permitted at an animal density of one (1) per acre, with a maximum number of five (5) animals. The keeping of a combination of animal types (Group 1, 2 and 3) shall require an animal density equal to the ratio of the number of animals, by type. In no case shall a f lot contain more than fifty (50) total animals. Should one structure be used to house a combination of animal types, the most restrictive setback shall apply; ' 337.3. The following lists minimum setbacks (from all property lines) imposed upon the placement of any structure used to house noncommercial livestock: i GROUP 1 Animals Up to 25 animals, a 25-foot setback; Above 25 animals, a 50-foot setback; GROUP 2 Animals Up to 2 animals; a 50-foot setback; Above 2 animals; a 100-foot setback; and, 1 P, GROUP 3 Animals One hundred (100) feet. 337.4. (RESERVED FOR FUTURE USE) 337.5. All outdoor pasture/recreation areas shall be enclosed with fencing to prevent the escape of the animals; silver Spring Township Zoning Ordinance -158- 1 Article 3 General Provisions 337.6. All animal wastes shall be properly stored and disposed of, so as not to be objectionable at the site's property line. All animals, their housing, and their outdoor pasture/recreation areas shall be properly maintained so as not to become a nuisance to adjoining properties. SECTION 338 (RESERVED FOR FUTURE USE) SECTION 339 (RESERVED FOR FUTURE USE) SECTION 340 STABLES AND KENNELS 340.1. Within the (C and A) Zones, stables and kennels are permitted uses and within the (R) Zone, only stables are a permitted use, subject to the following criteria: 340.2. Minimum Lot Area - Ten (10) acres; 340.3. Any structure used for the boarding of horses shall be set back at least two hundred (200) feet from any property line. Any structure used for the boarding of dogs shall be setback at least four hundred (400) feet from any property line. 340.4. All stables and kennels shall be maintained so to minimize odors perceptible at the property line; 340.5. All outdoor training, show, riding, boarding, running, or pasture areas shall be enclosed by a minimum four (4) foot-high fence; and, 340.6. All parking compounds and unimproved overflow parking areas shall be set back at least ten (10) feet from adjoining lot lines. Unimproved overflow parking areas shall also provide a fence delineating such occasional parking facilities and preventing the parking and/or movement of vehicles across neighboring properties. SECTION 341 TEMPORARY FARM EMPLOYEE HOUSING 341.1. Within the (A) Zone, temporary farm employee housing shall be a permitted use, subject to the following standards: 341.2. For each farm, one (1) mobile home is permitted for the use of farm workers (and their families) who are employed by the owner of the farm, for such time as the employee works the land of the owner; 341.3. All such units shall be located within the rear yard of the farm dwelling and shall further comply with all setback requirements imposed upon single-family detached dwellings; Article 3 General Provisions -159- Silver Spring Township Zoning Ordinance F 341.4. Such mobile homes shall be securely anchored to a mobile home stand; a six (6) inch thick poured concrete slab over a six (6) inch stone base, the length and width of which shall be at least equal to the dimensions of the mobile home. Each mobile home pad shall include properly-designed utility connections; and, 341.5. The mobile home shall be occupied at least one hundred twenty (120) days a year by at least one (1) person who is employed on the farm where the mobile home is located. If ' this condition is not satisfied, the mobile home shall be removed within one hundred twenty (120) days. I SECTION 342 TWO-FAMILY CONVERSIONS 342.1. Within the (C, A, and R) Zones, a detached single-family dwelling that existed on the effective date of this Ordinance, and contained (at that time) at least three thousand ' (3,000) square feet, may be converted into two (2) dwelling units as a permitted use, subject to the following: 342.2. The applicant shall furnish evidence that an approved system of water supply and sewage disposal will be utilized; ' 342.3. No extensions or modifications to the external appearance of the building (except fire escapes) which would alter its residential character, shall be permitted; 342.4. All floors above and below grade shall have a permanently affixed direct means of escape to ground level; 342.5. Four (4) off-street parking spaces shall be provided; and, 342.6. The applicant shall obtain any required land development approvals. SECTION 343 WAREHOUSING AND WHOLESALE TRADE ESTABLISHMENTS ' 343.1. Within the (I-2) Zone, warehousing and wholesale trade establishments are permitted frequency of distribution and restocking, the duration period of storage of uses, subject to the following criteria: 343.2. The applicant shall provide a detailed description of the proposed use in each of the following topics: i 1. The nature of the on-site activities and operations, the types of materials stored, the ' materials, and the methods for disposal of any surplus or damaged materials. In addition, the applicant shall furnish evidence that the disposal of materials will be accomplished in a manner that complies with State and Federal regulations; Silver Spring Township Zoning Ordinance -160- Article 3 General Provisions 2. The general scale of the operation, in terms of its market area, specific floor space requirements for each activity, the total number of employees on each shift, and an overall needed site size; 3. Any environmental impacts that are likely to be generated (e.g., odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance, wastewater, storm water, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish evidence that the impacts generated by the proposed use fall within acceptable levels, as regulated by applicable laws and ordinance, including but not limited to those listed in Section 315 of this Ordinance; and, 4. A traffic study prepared by a professional traffic engineer, according to Section 402.05. of the SLDO. SECTION 344 WHOLESALE PRODUCE AND TOBACCO AUCTIONS 344.1. Within the (I-2) Zone, wholesale produce and tobacco auctions is a permitted use, subject to the following standards: 344.2. No part of the subject property shall be within two hundred (200) feet of any residentially-zoned land; 344.3. All access drives onto the site shall be paved for a distance for at least two hundred (200) feet from the street right-of-way line. In addition, a fifty (50) foot long gravel section of driveway should be placed just beyond the preceding two hundred (200) foot -- paved section to help collect any mud that may have attached to a vehicle's wheels; 344.4. The owner and/or operator of the produce auction shall be responsible for removing any -- mud from public roads caused by persons traveling to and from the auction; 344.5. The applicant shall be required to provide sufficient off-street parking and loading so as not to require such parking or loading on or along any road, nor upon adjoining property. If, at any time after the opening of the facility, the Supervisors determine that parking, loading or traffic backups are occurring on adjoining roads, and such are directly related to the lack of on-site facilities on the subject property, the Supervisors can require the applicant to revise and/or provide additional on-site parking and/or loading space. In addition, the Supervisors may require an unimproved grassed overflow parking area to be provided for peak use periods. Such overflow parking areas shall be accessible only from the interior driveways of the permanent parking lot. Overflow parking areas shall contain fencing to prevent vehicles from crossing adjoining properties or directly accessing adjoining roads; 344.6. The applicant shall furnish expert evidence that the proposed use will not be detrimental to the use of adjoining properties due to hours of operation, noise, light, litter, dust and pollution; Article 3 General Provisions -161- Silver Spring Township Zoning Ordinance 344.7. The proposed use shall front along an arterial road; 344.8. Soil erosion, sedimentation and storm water runoff shall be controlled in accordance with all applicable laws and regulations; and, 344.9. The applicant shall submit and continuously implement a working plan for the cleanup of litter and other debris. Silver Spring Township Zoning Ordinance -162- Article 3 General Provisions ARTICLE 4 SPECIFIC CRITERIA SECTION 400 SPECIFIC STANDARDS FOR SPECIAL EXCEPTION AND CONDITIONAL USES In addition to the general criteria listed in Sections 604.3. and 704, the following sets forth standards that shall be applied to each individual special exception or conditional use. These standards must be satisfied prior to approval of any application for a special exception or condi- tional use. The applicant shall be required to demonstrate compliance with these standards and must furnish whatever evidence is necessary to demonstrate such compliance. All uses must - comply with the standards expressed within the underlying zone, unless those standards expressed for each special exception or conditional use specify different standards; in such cases, the specific special exception or conditional use standards shall apply. For the purposes of this Article 4, any required setbacks imposed upon special exceptions or conditional uses shall be measured from the boundary line of the site for which the special exception or conditional use is requested, regardless of whether or not this line corresponds to a property line or a lease line. SECTION 401 ACCESSORY APARTMENTS 401.1. Within the (VO) Zone, accessory apartments are permitted by conditional use subject to the following criteria and within the (C, A, R, and RE) Zones, accessory apartments are permitted uses, subject to the criteria stated in Section 320. 401.2. Only one (1) accessory apartment shall be permitted as an accessory use to a principal owner-occupied single-family detached dwelling; 401.3. An accessory apartment shall be contained within the principal building or within a -- portion of an accessory building; 401.4. Regardless of the location of the accessory apartment, no accessory apartment shall comprise more than forty percent (40%) of the habitable floor space contained within the principal dwelling; 401.5. The applicant shall demonstrate that an approved means of sewage disposal and reliable water supply shall be used; 401.6. All units contained on floors above or below grade shall have a direct means of escape to ground level; 401.7. Any modifications to the external appearance of the building (except fire escapes) shall complement its residential character; and, -? Article 4 Specific Criteria -163- Silver Spring Township Zoning Ordinance 401.8. One (1) off-street parking space shall be provided in addition to those required by other uses on the property. SECTION 402 ADULT-RELATED FACILITIES 402.1. Within the (I-2) Zone, adult-related facilities are permitted by conditional use, subject to the following criteria: 402.2. An adult-related facility shall not be permitted to be located within one thousand (1,000) feet of any other adult-related facility; 402.3. No adult-related facility shall be located within six hundred (600) feet of any residen- tially-zoned land; 402.4. No adult-related facility shall be located within six hundred (600) feet of any parcel of land which contains any one or more of the following specified land uses: 1. Amusement park; 2. Camp (for minors' activity); 3. Child care facility; 4. Church or other similar religious facility; 5. Community center; ' 6. 7. Museum; Park; 8. Playground; 9. School; or 10. Other lands where minors congregate. 402.5. The distance between any two adult entertainment establishments shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior parcel line of each establishment. The distance between any adult entertainment establishment and any land use specified above shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior property line of the adult entertainment establishment to the closest point on the property line of said land use; 402.6. No materials, merchandise, or film offered for sale, rent, lease, loan, or for view upon the premises shall be exhibited or displayed outside of a building or structure; 402.7. Any building or structure used and occupied as an adult-related facility shall be windowless, or have an opaque covering over all windows or doors of any area in which materials, merchandise, or film are exhibited or displayed, and no sale materials, merchandise, or film shall be visible from outside of the building or structure; 402.8. No sign shall be erected upon the premises pictorially depicting or giving a visual representation of the typeof materials, merchandise or film offered therein; Silver Spring Township Zoning Ordinance -164- Article 4 Specific Criteria 402.9. Each entrance to the premises shall be posted with a notice specifying that persons under the age of seventeen (17) years are not permitted to enter therein and warning all other persons that they may be offended upon entry; 402.10. No adult-related facility may change to another adult related facility, except upon approval of an additional conditional use; 402.11. The use shall not create an enticement for minors because of its proximity to nearby uses where minors may congregate; 402.12. No unlawful sexual activity or conduct shall be permitted; and, 402.13. No more than one adult-related facility may be located within one building or shopping center. SECTION 403 AIRPORTSMELIPORTS 403.1. Within the (A) Zone, airports/heliports are permitted by conditional use, subject to the following criteria: 403.2. Minimum Lot Area - Thirty (30) acres for airports and three (3) acres for heliports; 403.3. All facilities shall be designed and operated in strict compliance with all applicable State and Federal laws and regulations; 403.4. The applicant shall furnish evidence of the obtainment of a license from the Pennsylvania Department of Transportation, Bureau of Aviation, prior to the approval of the conditional use application; and, 403.5. No part of the take-off/landing strip and/or pad shall be located nearer than three hundred (300) feet from any property line. SECTION 404 BED AND BREAKFASTS 404.1. Within the (C, A, R and R-3) Zones, bed and breakfasts are permitted by special exception, subject to the following criteria: 404.2. Bed and breakfasts shall only be permitted within single-family detached dwellings that existed on the effective date of this Ordinance; 404.3. Any modifications to the external appearance of the building (except fire escapes) shall complement its residential character; 404.4. All floors above or below grade shall have a permanently affixed direct means of escape to ground level; Article 4 Specific Criteria -165- Silver Spring Township Zoning Ordinance 1 f] I 1 404.5. One (1) off-street parking space shall be provided for each room available for rent, in addition to those required for the dwelling unit; 404.6. All parking areas shall be set back a minimum of twenty-five (25) feet from all property lines, and shall be screened from adjoining lots and streets; 404.7. A bed and breakfast may erect one (1) sign no larger than twelve (12) square feet in size, which must be set back ten (10) feet from all lot lines; 404.8. Meals shall be offered only to registered overnight guests; 404.9. The applicant shall furnish evidence that an approved means of sewage disposal and water supply shall be used; and, 404.10. The applicant shall furnish proof of any needed land development approvals and approval from the PA Department of Labor and Industry. SECTION 405 BOARDING HOUSES 405.1. Within the (R-2 and R-3) Zones, boarding houses are permitted by special exception, I subject to the following criteria: 1 1 1 A 11 1 405.2. The following minimum lot area requirements shall be provided: Minimum Required Lot Size plus Additional Lot Area Per Boarder (up to 10 boarders) 10,000 sq. ft. plus 500 sq. ft. 405.3. The applicant shall furnish evidence that approved systems for sewage disposal and water supply shall be used; 405.4. No modifications to the external appearance of the building (except fire escapes) which would alter its residential character, shall be permitted; 405.5. All floors above and/or below grade shall have a permanently affixed direct means of escape to ground level; 405.6. One (1) off-street parking space shall be provided for each room available for rent, in addition to those required for the dwelling unit; 405.7. One (1) sign, not to exceed twelve (12) square feet, shall be permitted; 405.8. The applicant shall furnish proof of any needed land development approvals and approval from the PA Department of Labor and Industry; and, Silver Spring Township Zoning Ordinance -166- Article 4 Specific Criteria L 405.9. Within the (R-3) Zone, the applicant shall demonstrate those measures employed to incorporate the design features listed in Section 206.8. of this Ordinance. If the applicant cannot incorporate said features, the applicant shall describe what steps were taken to attempt such design, and the specific reasons why the design is impossible and/or impractical. The applicant shall also suggest what measures could be taken by the Township to facilitate such a design. SECTION 406 CAMPGROUNDS 406.1. Within the (C and R) Zones, campgrounds are permitted by special exception on a minimum of ten (10) acres, subject to the following criteria: 406.2. Setbacks - All campsites shall be located at least fifty (50) feet from any side or rear property line and at least one hundred (100) feet from any public street line; 406.3. Each campsite shall be at least three thousand (3,000) square feet in size and shall either provide parking space for one (1) automobile which will not interfere with the convenient and safe movement of traffic, or equivalent parking shall be provided in a common parking area; 406.4. An internal road system shall be provided, as required by Section 602 of the SLDO; 406.5. All outdoor play areas shall be set back one hundred (100) feet from any property line and screened from adjoining residentially-zoned properties. Such outdoor play areas shall be used exclusively by registered guests and their visitors; 406.6. All campgrounds shall furnish centralized sanitary and garbage collection facilities that shall be set back a minimum of one hundred (100) feet from any property line. Such facilities shall be screened from adjoining residentially-zoned properties; 406.7. Any accessory retail or service commercial uses shall be set back a minimum of one hundred (100) feet from any property line. Such accessory commercial uses shall be solely designed and constructed to serve the campground's registered guests and their visitors. Any parking spaces provided for these commercial uses shall only have vehicular access from the campground's internal road rather than the public street. All accessory commercial uses and related parking shall be screened from adjoining residentially-zoned parcels; 406.8. All campgrounds containing more than one hundred (100) campsites shall have vehicular access to an arterial or collector street; 406.9. A campground may construct one freestanding or attached sign containing no more than thirty-two (32) square feet. Any reference to accessory commercial or recreational facilities shall remain secondary in size to the reference of the principal campground use. Such sign shall be set back at least ten (10) feet from the street right-of-way line, at Article 4 Specific Criteria -167- Silver Spring Township Zoning Ordinance -ft 1 least one hundred (100) feet from any residential zone, and, at least twenty-five (25) feet from adjoining lot lines; 406.10. A minimum of twenty percent (20%) of the gross area of the campground shall be devoted to active and passive recreational facilities, which shall not be located within one hundred (100) feet of any property line. Responsibility for maintenance of the recreation area shall be with the landowner; ' 406.11. During operation every campground shall have an office in which shall be located the person responsible for operation of the campground; 406.12. All water facilities, sewage disposal systems, rest rooms, solid waste disposal and vector control shall be approved and maintained in accordance with the requirements of the PA DEP; and, 406.13. All lighting shall be arranged and shielded so that no glare or direct illumination shall be cast upon adjacent properties or public streets. SECTION 407 CHURCHES AND RELATED USES 407.1. Within the (A, R, RE, R-1, R-2 and R-3) Zones, churches, or churches and cemeteries, or churches and related uses are permitted by conditional use, subject to the following criteria: 407.2. House of Worship: 1. Minimum lot area - Two (2) acres, provided that within the (A) Zone no church shall contain more than five (5) acres of lot area; 2. Minimum lot width - Two hundred (200) feet; 3. All houses of worship shall have vehicular access to an arterial or collector highway; ' 4. Side yard setback - Fifty (50) feet on each side; and, 5. All off-street parking areas shall be set back at least twenty-five (25) feet from the ' street right-of-way line. 407.3. Church Related Residences (Rectories and Convents 1. All residential uses shall be accessory, and located upon the same lot or directly adjacent to a lot containing a house of worship; and, 2. All residential uses shall be governed by the location, height and bulk standards imposed upon other residences within the site's Zone, except that any number of persons of a convent and/or seminary may share group quarters. Silver Spring Township Zoning Ordinance -168- Article 4 Spec Criteria i ?J 407.4. Church-Related Educational or Day-Care Facilities: All educational or day care uses shall be accessory, and located upon the same lot as a house of worship; 2. If education or day-care is offered below the college level, an outdoor play area shall be provided, at a rate of sixty-five (65) square feet per individual enrolled. Off-street parking lots shall not be used as outdoor play areas. Outdoor play areas shall not be located within the front yard and must be set back twenty-five (25) feet from all property lines. Outdoor play areas shall be completely enclosed by a minimum four (4) foot high fence, and screened from adjoining residentially-zoned properties. Any vegetative materials located within the outdoor play areas shall be of a nonharmful type (poisonous, thorny, allergenic, etc.). All outdoor play areas must provide a means of shade, such as a shade tree(s) or pavilion(s); 3. Enrollment shall be defined as the largest number of students and/or children under day-care supervision at any one time during a seven-day period; 4. Passenger "drop-off' areas shall be provided and arranged so that passengers do not have to cross traffic lanes on or adjacent to the site; 5. All educational or day-care uses shall be governed by the location, height, and bulk standards imposed upon principal uses within the underlying zone; and, 6. Unless the applicant can demonstrate that the off-street parking associated with the house of worship is sufficient for the proposed use, one (1) off-street parking space shall be provided for each six (6) students enrolled below grade ten, and/or one (1) off-street parking space for each three (3) students, grades ten and above. 407.5. Cemeteries: 1. All burial plots or structures shall be located at least twenty (20) feet from any property line or street line; 2. Assurances must be provided that water supplies of surrounding properties will not be contaminated by burial activity within the proposed cemetery; and, 3. No burial plots or facilities are permitted in floodplain or flood fringe areas. SECTION 408 CLUSTER DEVELOPMENTS 408.1. Within the (R-1) Zone, cluster developments are permitted by conditional use, subject to the following standards: 408.2. Purpose - This conditional use is intended to blend various residential development types amid substantial areas of the Township that are characterized by severe Article 4 Spec Criteria -169- Silver Spring Township Zoning Ordinance I development constraint, natural sensitivity and/or public parklands. It is the express purpose to offer a density bonus and flexible design standards as enabled in the Act for the preservation and protection of natural-cultural features and/or the provision of public accessible common open space; 408.3. The minimum lot area devoted to a cluster development shall be two (2) acres; 408.4. All proposed dwellings shall be connected to and served by both public sewer and public water utilities; 408.5. Delineation of Required Common Open Space - As part of the site planning process for the cluster development, the applicant shall be required to prepare a graphic design drawing depicting the natural and cultural features associated with the site. Experts must identify, describe and plot each of the following found on the proposed site: 100-year floodplains; steep slopes [greater than fifteen percent (15%)]; wetlands, streams, ponds, or other water bodies; sinkholes, caves, vistas, or other significant geologic features; threatened or endangered species habitats; archaeologic resources historic resources; and, significant stands of mature trees. In addition, the applicant can include proposed parklands within required common open space if such parkland complies with the following: 1. The parkland shall be located and designed so that safe and convenient access shall be provided to all existing and proposed inhabitants. Additionally, each site shall have at least one (1) area available for vehicular access that is no less than twenty-four (24) feet in width; 2. The parkland shall be sized and configured so as to accommodate its intended uses. Sufficient lot width/depth dimension shall be provided so as to accommodate, where practicable, ball fields, courts and other open play areas. Furthermore, should a development be proposed at a location contiguous to an existing park, parklands should be provided, where practicable, as an expansion of the existing facility; 1 3. The parkland shall have suitable topography and soil conditions for use and development as active play areas. No more than twenty-five percent (25%) of the site shall be comprised of floodplains, storm water management facilities and/or slopes exceeding three percent (3%). Any unimproved site shall be provided with a healthy and vibrant grass ground cover; 4. The parkland shall be located and designed to conveniently access needed proximate public utilities (e.g„ sewer, water, power, etc.). However, no part of any Silver Spring Township Zoning Ordinance -170- Article 4 Spec Criteria overhead utility easement, nor any above ground protrusion of an underground utility shall be permitted in active play areas of the site; 5. No part of the parkland shall be calculated as part of any required setback, yard and/or open space for adjoining lots or uses as regulated by the Zoning Ordinance; 6. The parkland shall comply with any applicable design, orientation, size and location guidelines listed in the Township's Official Recreation Plan for its particular neighborhood; and, 7. The ownership and maintenance of common open space shall be governed by Section 316 of this Ordinance. 408.6. Required Ratio and Permitted Densities of Housing Tyaes - The following tabulates permitted residential structure types and densities within cluster developments based upon the extent of proposed common open space. Percentage of Dwelling Units Required by Structural Type Proposed Common Open Space (Percent of Total Site Area) Single-Family Detached Duplex Townhouses or Multiple-Family Dwellings No less than 25% At least 90% No more than 10% No more than 10% 31 to 50% At least 65% No more than 35% No more than 35% 51 to 65% At least 30% No more than 70% No more than 70% 65% or more No more than 100% No more than 100% No more than 100% 408.7. Required Design Standards - Within cluster developments, the maximum permitted residential density is four (4) units for the R-1 Zone, and six (6) units for the R-2 Zone per net acre of the site, including common open space. The maximum permitted -' density of a cluster development shall be subject to a ten percent (10%) density bonus for applicants who design and construct linear paths that fully integrate the "developed" areas of the site with the common open spaces and/or other adjoining linear paths. Such density bonus shall be awarded solely at the discretion of the Board of Supervisors through the conditional use review process. Any linear path proposed shall consist of an all-weather durable surface that is at least six (6) feet wide, with average slopes no more than five percent (5%) and maximum slopes of fifteen percent (15%). The ownership and maintenance responsibilities for such linear paths shall be governed by the same options as those expressed for common open spaces in Section 316 of this Ordinance. The following table and its footnotes present applicable design standards applied to the various dwellings/lots: Article 4 Specific Criteria -171- Silver Spring Township Zoning Ordinance u 1 1 PI Maximum Minimum Lot Width Maximum Minimum Required Yards Minimum Permitted at Building Lot Lot Area Height Setback/(Frontage) Coverage Frone One Side Both Sides Rear Use Single- Family 6,000 sq. ft. 35 ft. 60 ft. (50 ft.) 50% 25 ft. 6 ft. 12 ft.' 15 ft. Detached Dwelling Duplexes 3,500 sq. ft. 35 ft. 45 ft. (40 ft. 60% 25 ft. 10 ft. N/A 15 ft. per unit per unit Townhouses 1,800 sq. ft. 35 ft. 18 ft. (18 ft.) 75% 25 ft. 15 ft. (End Units) 20 ft. per unit per unit Multiple- 43,500 sq. ft. 35 ft. 150 ft. (200 ft.) 60% 35 ft. 30 ft. 60 ft. 35 ft. Family' ' Within a cluster development, singlefamily detached dwellings may employ a zerAot-line design when the following conditions have been satisfied: -five (45) feet and thirtyfive (35) feet at the building setback and the lot frontage Minimum lot width shall Is fort a , y . respectively. b. One side wall of the structure may be located no less than one (1) inch from one of the side lot lines when adjoining another zero-lot-line dwelling lot. The opposite side yard shall be at least ten (10) feet wide. c. A perpetual six (6) foot wallmaintenance easement shall be provided on the lot adjacent to the zednt line, which shall be kept clear of structures and vegetation. This easemet shall be shown on the plat and incorporated into each deed transferring title to the property. The wall shall be maintained in its original color and treatment, unless otherwise agreed to in writing by the two affected lot owners. d. Roof overhangs mry penetrate the easement on the adjacent lot a maximum of twent)'our (24) inches, but the roof shall be so designed that water runoff from the dwelling place on the lot line is limited to the easement area. e. The wall of a dwelling located along the zeFlot line shall have no openings (e.g., windows, doors, air conditioning units, vents, etc.), unless such openings are located at least eight (8) feet above grade, and have translucent panels. 1 1 1 1 No townhouse building shall contain more than eight (8) utsi For each townhouse building containing more than four (4) units, no more than sixty percent (60%) of such units shall have the same front yard setback; the minimum variation of setback shall be two (2) feet. In addition, no more than two (2) contigua units shall have identical roof lines that generally parallel the ground along the same horizontal plane. All townhouse buildings shall be set back a minimum of fifteen (15) feet from any interior access drives, or parking facilities contained on comnniy-held lands. All townhouse buildings shall be set back at least thirty (30) feet from any perimeter boundary of the development site. In those instances where several townhouse buildings are located on the same lot, the following footnote 3 shall appl In those instances where several multiplifamily dwelling buildings and/or townhouse buildings are located on the same lot, the following separation distances will be provided between each building: a. Front to front, rear to rear, or front to rearparallel buildings shall have at least fifty (50) feet between faces of the building. If the front or rear faces are obliquely aligned, the above distances may be decreased by as much as ten (10) feet at one end if increased by similar or greater distane at the other end. b. A minimum yard space of thirty (30) feet is required between end walls of buildings. If the buildings are at right angles to each other, the distance between the comers of the end walls of the building may be reduced to a minimur6 twenty (20) feet. c. A minimum yard space of thirty (30) feet is required between end walls and front or rear faces of buildings. d. All multiple-family dwelling buildings shall be set back a minimum of fifteen (15) feet from any interior access driwr parking facilities contained on commoni;held lands. 4 If the property abuts an arterial or collector road, the minimum front yard setback shall be forty (40) feet from the rigtliway line. Except for multiplefamily dwellings, the minimum front yrrd setback for accessory residential garages shall be twenty (20) feet. Silver Spring Township Zoning Ordinance -172- 1 Article 4 Specific Criteria SECTION 409 COMMERCIAL DAY-CARE FACILITIES 409.1. Within the (INT and C-2) Zones, commercial day-care facilities are permitted by conditional use, in the (R-2) Zone, commercial day-care facilities are permitted by special exception, subject to the following criteria, and within the (I-1 and I-2) Zones, commercial day-care facilities are permitted uses, subject to criteria stated in Section 328. 409.2. An outdoor play area shall be provided, at a rate of sixty-five (65) square feet per individual enrolled. Off-street parking compounds shall not be used as outdoor play areas. Outdoor play areas shall not be located within the front yard. Additionally, outdoor play areas shall be located and designed so as not to disrupt normal activities of adjoining uses permitted within the Zone and/or neighborhood. Outdoor play areas shall be completely enclosed by a minimum four (4) foot high fence, and screened from adjoining residentially-zoned properties. Any vegetative materials located within the outdoor play areas shall be of a nonharmful type (poisonous, thorny, allergenic, etc.) All outdoor play areas must provide a means of shade, such as a shade tree(s) or pavilion(s); 409.3. Enrollment shall be defined as the largest number of persons and/or children under day-care supervision at any one time during a seven-day period; 409.4. Passenger "drop-off' and "pick-up" areas shall be provided on site and arranged so that the passengers do not have to cross traffic lanes on or adjacent to the site; 409.5. One (1) off-street parking space shall be provided for each six (6) persons enrolled; 409.6. All commercial day-care facilities shall obtain and maintain proper licensure from the Commonwealth of Pennsylvania; and, 409.7. The applicant shall demonstrate that adequate safeguards are provided to protect students from nearby industrial activities and uses. SECTION 410 COMMERCIAL LIVESTOCK OPERATIONS 410.1. Within the (C) Zone, commercial livestock operations are permitted by special exception, subject to the following: 410.2. All buildings used for the housing of livestock shall consist of a solid concrete slab or slotted floor; 410.3. Minimum Lot Area - Twenty (20) acres; 410.4. Any area used for the housing, feeding and watering and/or outdoor running of livestock shall be set back five hundred (500) feet from any residential zone; Article 4 Specific Criteria -173- Silver Spring Township Zoning Ordinance t 1 1 1 1 1 C? 1 1 11 1 1 1 i7 410.5. The applicant shall furnish qualified evidence that the proposed use has an approved manure management plan that complies with the applicable PA DEP guidelines. All subsequent operations on the site shall be required to strictly adhere to this approved manure management plan; and, 410.6. The applicant shall furnish evidence from the Cumberland Conservation District that the proposed use has an approved conservation plan. SECTION 411 COMMERCIAL STOCKYARDS OR FEEDLOTS 411.1. Within the (I-2) Zone, commercial stockyards or feedlots are permitted by conditional use, subject to the following: 411.2. Minimum Lot Area Ten (10) acres; 411.3. All areas for the storage, feeding or keeping of animals shall be completely enclosed by a fence of sufficient strength and size to prevent the escape of animals. Furthermore, all such areas shall be set back at least two hundred (200) feet from any adjoining property, except that such areas shall be set back at least five hundred (500) feet from any land within any residential zone; 411.4. All uses shall have sufficient off-street loading (or stacking) space so as to prevent the back-up of vehicles on adjoining roads; 411.5. Access - Vehicular access shall be so arranged as to minimize danger and congestion along adjoining roads and to avoid the creation of nuisances to nearby properties. Access drives used by trucks shall only intersect with collector or arterial roads; All access drives shall be designed and located so as to permit the following minimum sight distances measured from a point at least ten (10) feet behind the curb line or edge of cartway of an intersecting public street. No sight obstructions shall be permitted which are greater than three (3) feet or less than ten (10) feet above the street surface. Speed Limitation on Public Street (mph) Required Sight Distance (feet) 25 240 30 275 35 315 40 350 45 425 50 475 55 550 Silver Spring Township Zoning Ordinance -174- Article 4 Specific Criteria 2. All access drives serving the site shall have a paved minimum thirty-five (35) foot wide cartway for a distance of at least two hundred (200) feet from the intersecting street right-of-way line. In addition, a fifty (50) foot long gravel section of access drive should be placed just beyond the preceding two hundred foot (200) paved section to help collect any mud that may have attached to a vehicle's wheels; 3. In general, access drives shall intersect public streets at ninety degrees (90°) as site conditions permit, however, in no case shall access drives intersect public streets at less than seventy degrees (70°). Said angle shall be measured from the centerline of the street to the centerline of access drive. 411.6. Traffic Impact - The applicant shall furnish a traffic study prepared by a professional traffic engineer in accordance with Section 402.05. of the SLDO; 411.7. Any exterior public address system shall be designed and arranged so that the audible levels of any messages conveyed over the system will not exceed the ambient levels of the use. Such measurements shall be conducted at the property lines; and, 411.8. All animal wastes and/or deceased animals shall be properly stored and disposed of, so as not to be objectionable at the site's property line so as not to become a nuisance to adjoining properties. SECTION 412 COMMUNICATION ANTENNAS, TOWERS AND EQUIPMENT 412.1. Within the (C, A and R) Zones, communication antennas, towers and equipment shall be permitted by special exception, and within the (I-2) Zone, they are permitted by conditional use, subject to the following: 412.2. Any structures shall be set back from each property line a distance equal to its height. For purposes of this subsection, "property line" shall mean the boundary line that delineates the land area on which the communications tower is located from the remainder of the tract or other tracts, whether the land area on which the communications tower is located exists by fee simple ownership, easement, right-of- way, lease, license or other interest in property. 412.3. All towers shall be completely enclosed by an eight (8) foot high fence and self-locking gate; and, 412.4. All ground-mounted satellite dish antennas that are used to transmit video format data shall be completely enclosed by an eight-foot-high nonclimbable fence that includes signage warning of dangerous radiation levels. Any gates within the fence shall be locked when unattended; and, Article 4 Speck Criteria -175- Silver Spring Township Zoning Ordinance 412.5. The applicant shall furnish expert testimony regarding the construction methods or other measures used to prevent (1) the toppling of any structure onto adjoining properties and/or roads, and (2) the wind-borne scattering of ice onto adjoining properties and/or roads. SECTION 413 CONVENTION CENTERS 413.1. Within the INZone, convention centers are permitted by conditional use, subject to the following: 413.2. Convention centers may include any of the following uses, provided such uses are primarily sized, located and designed as one integrated development to serve those persons or groups of persons attending the convention center, and not the general public of the Township per se: 1 1. Offices; 2. Hotels and motels; 3. Meeting rooms; 4. Banquet and social halls; 5. Restaurants (excluding fast-food restaurants); 6. Taverns and nightclubs; 7. Indoor theaters and arenas; 8. Sports stadiums; 9. Amusement, water or theme parks and arcades if in compliance with ASTM F770- 88 Standard Practice for Operation Procedures for Amusement Rides and Devices; 10. Retail shops and concessionaires; 11. Personal service shops (i.e., barbers, salons, dry cleaners, tailors, shoe repair, but excluding adult-related uses); 12. Commercial day-care facilities; and, 13. Information centers and booths. 413.3. Minimum Required Lot Area - Ten (10) acres; 413.4. All uses shall be served by both public sewer and public water utilities; 413.5. The subject property shall front upon an arterial road; 413.6. Required parking will be determined based upon a combination of the types of activities from crossing adjoining properties or directly accessing adjoining roads. Soil erosion, proposed and the schedule listed in the SLDO. In addition, an unimproved grassed overflow parking area to be provided for peak use periods shall be required. Such overflow parking areas shall be accessible only from the interior driveways of the permanent parking lot. Overflow parking areas shall contain fencing to prevent vehicles ' sedimentation and storm water runoff shall be controlled in accordance with all applicable laws and regulations. If, at any time after the opening of the facility, the Supervisors determine that traffic backups are occurring on adjoining roads, and such Silver Spring Township Zoning Ordinance -176- Article 4 Specific Criteria backups are directly related to the lack of on-site parking, the Supervisors can require the applicant to revise and/or provide additional on-site parking space. 413.7. Any booths or other structures used for the collection of admission and/or parking fees shall be set back and arranged to prevent vehicle backups on adjoining roads during peak arrival periods. Any other collection of fees (roaming parking lot attendants) shall be conducted in a manner to prevent vehicle backups on adjoining roads. If, at any time after opening, the Township determines that traffic backups are occurring on adjoining roads, and such backups are directly related to the means of access to the subject property, the Township can require the applicant to revise means to relieve the undue congestion; 413.8. Any outside pedestrian waiting lines shall be provided with a means of shade; 413.9. The applicant shall furnish expert evidence that the proposed use will not be detrimental to the use of adjoining properties due to hours of operation, noise, light, litter, dust, and pollution; 413.10. Those uses involving extensive outdoor activities and/or display shall provide sufficient screening and/or landscaping measures to mitigate any visual and/or audible impacts on adjoining properties and roads. No outdoor storage is permitted; 413.11. A traffic study shall be prepared by a professional traffic engineer, according to Section 402.05. of the SLDO; 413.12. Any exterior public address system shall be designed and operated so that the audible levels of any messages conveyed over the system will not exceed the ambient noise levels of the use, as measured at each of the property lines; 413.13. The convention center is eligible to utilize signage applicable to planned centers, as listed in Section 313 of this Ordinance; and, 413.14. All uses within the convention center shall be linked with sidewalks and/or pathways to facilitate safe and efficient pedestrian movements. SECTION 414 CONVERSION APARTMENTS 414.1. Within the (R-3) Zone, conversion apartments shall be permitted by special exception, subject to the following: 414.2. Conversion apartments shall only be permitted within existing single-family detached dwellings on the effective date of this Ordinance; 414.3. All dwelling units within the conversion apartment building shall contain at least four hundred (400) square feet of habitable floor area; Article 4 Specific Criteria -177- Silver Spring Township Zoning Ordinance 1 1 11 414.4. The applicant shall furnish evidence that an approved system of water supply and sewage disposal will be utilized; 414.5. Any extensions or modifications to the external appearance of the building (except fire escapes) shall complement its residential character; 414.6. All floors above or below grade shall have a direct means of escape to ground level; 414.7. Two (2) off-street parking spaces per unit shall be provided; 414.8. The applicant shall obtain any required land development approvals; and, 414.9. The applicant shall demonstrate those measures employed to incorporate the design features listed in Section 206.8. of this Ordinance. If the applicant cannot incorporate said features, the applicant shall describe what steps were taken to attempt such design, and the specific reasons why the design is impossible and/or impractical. The applicant shall also suggest what measures could be taken by the Township to facilitate such a design. SECTION 415 SALES, STORAGE AND/OR WHOLESALING OF THE FOLLOWING: A. HOME AND AUTO-RELATED FUELS; B. NURSERY AND GARDEN MATERIALS, AND STOCK; C. CONTRACTOR SUPPLIES; AND, D. PLUMBING, HEATING, AIR CONDITIONING, ELECTRICAL, AND OTHER STRUCTURAL COMPONENTS OF BUILDINGS. 415.1. Within the (I-2) Zone, the sales, storage, and/or wholesaling of Home and auto-related fuels; Nursery and garden materials, and stock; Contractor supplies; and, Plumbing, heating, air conditioning, electrical, and other structural components of buildings are conditional uses, subject to the following criteria: 415.2. All exterior storage areas (exclusive of nursery and garden stock) shall be screened from adjoining residentially zoned properties; 415.3. The applicant shall furnish evidence that the proposed use will not be detrimental to the use of adjoining residentially zoned properties due to hours of operation, noise, light, litter, dust, and pollution; 415.4. Fuel storage tanks will be set back at least two hundred and fifty (250) feet from any residentially zoned property. 1 Silver Spring Township Zoning Ordinance -178- Article 4 Specific Criteria SECTION 416 FAMILY DAY-CARE FACILITIES 416.1. Within the (C, R, RE, R-1, R-2, and R-3) Zones, family day-care facilities are permitted by special exception and within the (VO) Zone, family day-care facilities are permitted by conditional use, subject to the following criteria: 416.2. All family day-care facilities shall be conducted within a detached single-family dwelling; 416.3. A family day-care facility shall offer care and supervision to no more than four (4) different persons during any calendar day; 416.4. All family day-care facilities with enrollment of more than three (3) persons shall furnish a valid Registration Certificate for the proposed use, issued by the PA Depart- ment of Public Welfare; 416.5. An outdoor play area no less than two hundred sixty (260) square feet in area shall be provided. Such play area shall not be located within the front yard nor any vehicle parking lot. Outdoor play areas shall be set back at least twenty-five (25) feet and screened from any adjoining residentially-zoned property. A minimum four (4) foot high fence shall completely enclose the outdoor play area. Any vegetative materials located within the outdoor area shall be of a nonharmful type (poisonous, thorny, allergenic, etc.). All outdoor play areas must include a means of shade, such as a tree(s) or pavilion; and, 416.6. Passenger "drop-off' and "pick-up" areas shall be provided on site and arranged so that passengers do not have to cross traffic lanes on or adjacent to the site. ?. SECTION 417 FARM OCCUPATIONS 417.1. Within the (A and R) Zones, farm occupations may be permitted by special exception if the proposed use is accessory to the principal agricultural use of the property, and subject to the following standards: 417.2. For the purposes of this section, farm occupations may involve any one of a wide range of uses, so long as it remains secondary to and compatible with the active farm use. Retail sales shall only be permitted incidental to production of goods on the site; 417.3. No more than the equivalent of two (2) full-time nonresidents shall be employed by the farm occupation, and at least one (1) owner/operator of the farm occupation must reside on the site; 417.4. The use must be conducted within one (1) completely-enclosed building. Where -- practicable the farm occupation shall be conducted within an existing farm building. However, any new building constructed for use by the farm occupation shall be located Article 4 Specific Criteria -179- Silver Spring Township Zoning Ordinance behind the farm's principal buildings, or must be no less than one hundred (100) feet from any adjoining roads or properties; 417.5. Any new building constructed for use by the farm occupation shall be of a design so that it can be readily converted to agricultural use, or removed, if the farm occupation is discontinued; 417.6. No part of a farm occupation shall be located within one hundred (100) feet of any side or rear lot line, nor three hundred (300) feet of any adjoining land within a residential zone. Such distances shall be measured as a straight line between the closest points of any physical improvement associated with the farm occupation and the property/zoning line; 417.7. The farm occupation shall occupy no more than four thousand (4,000) square feet of gross floor area, nor more than one (1) acre of lot area. However, any access drive serving the farm occupation and the farm shall not be calculated as land serving the farm occupation; 417.8. No more than fifty percent (50%) of the land devoted to a farm occupation shall be covered by buildings, structures, parking or loading areas, or any other impervious surfaces; 417.9. Any sign used for a farm occupation shall not exceed ten (10) square feet in size; and, 417.10. For farm parcels of up to fifty (50) acres in size, while the farm occupation is in operation, no nonfarm subdivision of the site shall be permitted. SECTION 418 GOLF COURSES 418.1. Within the (R, R-1 and INT) Zones, golf courses are permitted by conditional use, subject to the following: 418.2. In no case shall the golf course design permit or encourage a golf ball to be driven across any building, building lot, parking lot, street, access drive, or driveway; 418.3. Golf Paths - Golf paths shall be graded so as to discharge storm water runoff. Surface conditions of paths shall be provided with a dust free surface. 1. The golf course design shall minimize golf path crossings of streets, access drives and driveways. Easily identifiable golf paths must be provided for crossings of streets, access drives or driveways. The golf course design shall both discourage random crossing and require use of the golf path crossings of streets, access drives and driveways. Golf path- crossings shall conform with the following: 1 A. Each crossing shall be perpendicular to the traffic movements; B. Only one (1) street, access drive or driveway may be crossed at each location; Silver Spring Township Zoning Ordinance AM Article 4 Specific Criteria C. No crossing is permitted between a point fifteen (15) feet and one hundred fifty (150) feet from the cartway edge of a street, access drive or driveway intersection; D. The crossing must be provided with a clear sight triangle of seventy-five (75) feet, measured along the street, access drive or driveway centerline and the golf path centerline, to a location on the centerline of the golf path, five (5) feet from the edge of the roadway. No permanent obstruction over three (3) feet high shall be placed within this area; E. Sight Distance - Golf path intersections shall be designed to provide adequate sight distance with regard to both horizontal and vertical alignment. The required sight distance shall be governed by Section. 602 of the SLDO; F. The golf cart path shall not exceed a slope of eight percent (8%) within twenty- five (25) feet of the cartway crossing; G. Golf path crossings shall be signed warning motorists and pedestrians and golfers. The surface of the golf path shall be brightly painted with angle stripes; and, H. Golf path crossings of collector or arterial streets shall consist of a tunnel that is located below street grade. The golf course design shall both prohibit on- grade crossing of collector or arterial streets and require the use of the tunnel. The construction of the collector or arterial roadway crossing of the tunnel shall comply with PennDOT standards. -y 418.4. All golf course buildings shall be set back seventy-five (75) feet from any adjoining roads and one hundred (100) feet from adjoining residential structures or parcels; 418.5. Golf courses may include the following accessory uses, provided such uses are reasonably sized, and located so as to provide incidental service to the golf course -- employees and users: 1. Clubhouse, which may consist of A. Restaurant, snack bar, lounge, and banquet facilities; B. Locker and rest rooms; C. Pro shop; D. Administrative offices; E. Golf cart and maintenance equipment storage and service facilities; F. Guest lodging for those using the golf course, provided: no lodging units have separate exterior means of ingress/egress; all lodging units shall be contained within the main clubhouse; and, such guest lodging shall have a total occupancy of no more than twenty (20) persons; Article 4 Specific Criteria -181- Silver Spring Township Zoning Ordinance G. Fitness and health equipment, including workout machines, spas, whirlpools, saunas, and steamrooms; H. Game rooms, including card tables, billiards, ping-pong, video games, pinball machines, and other similar table games; and, 1 I. Baby-sitting rooms and connected fence-enclosed playlots. 2. Ac A. B. C. D. E. cessory recreation amenities located outside of a building, including: Driving range, provided that the applicant shall furnish expert evidence that all lighting has been arranged to prevent glare on adjoining properties and streets; Practice putting greens; Swimming pools; Tennis, platform tennis, handball, racquetball, squash, volleyball, and badminton courts; Boccie ball, croquet, shuffleboard, quoits, horseshoe pits, and washers courses; F. Picnic pavilions, picnic tables, park benches, and barbecue pits; G. Hiking, biking, horseback riding, and cross-country ski trails; and, H. Playground equipment and playlot games, including 4-square, dodgeball, tetherball, and hopscotch. 3. Freestanding maintenance equipment and supply buildings and storage yards. 418.6. All outdoor storage of maintenance equipment and/or golf carts shall be set back at least one hundred (100) feet and screened from adjoining residential structures and roads; 418.7. All dumpsters and off-street parking and/or loading areas shall be screened from adjoining or nearby residences. In addition, all off-street loading and dumpsters shall be screened from adjoining roads; and, 418.8. Within the (R-1) Zone, golf courses can be integrated with cluster developments regulated by Section 408 of this Ordinance. In such instance, all open areas of the golf course can be calculated as common open space, as determined by Section 408.5. of this Ordinance. SECTION 419 HEALTH AND FITNESS CLUBS 419.1. Within the (INT) Zone, health and fitness clubs are permitted by conditional use, A subject to the following: 419.2. Off-street parking shall be provided as required by the combination of elements comprising the health club, including accessory uses; 419.3. All outdoor recreation facilities shall be set back at least fifty (50) feet from the street right-of-way line, and twenty-five (25) feet from all other lot lines, and one hundred (100) feet from any residentially-zoned properties; Silver Spring Township Zoning Ordinance -182- Article 4 Specific Criteria 419.4. Any accessory eating, or retail use, shall not be directly accessible without passing through the main clubhouse building; and, 419.5. The applicant shall furnish expert evidence that all lighting of outdoor recreation areas has been arranged to prevent glare on adjoining properties and streets. SECTION 420 HEALTH - CARE CAMPUS AND HOSPITAL 420.1. Within the (INT) Zone, hospitals and related uses are permitted by conditional use, subject to the following criteria: 420.2. Minimum Lot Area - Five (5) acres; 420.3. The subject property shall have frontage along an arterial road; 420.4. Adequate provision shall be made for a system of roads sufficient to accommodate predictable vehicular traffic and to ensure safe and efficient vehicular access for emergency management equipment; 420.5. Emergency entrances shall be located on a building wall which faces away from adjoining residentially-zoned properties or is separated by at least three hundred (300) feet from residentially-zoned properties; 420.6. The applicant shall submit a traffic study as governed by Section 402.05. of the SLDO. 420.7. Public sewer, and public water utilities shall be utilized; 420.8. Materials and Waste Handline - All health-care related uses shall be required to provide detailed information regarding materials and waste handling, including: 1. Listing of all materials to be both used or produced on the site; 2. Listing of all wastes generated on the site; and, 3. Evidence shall be provided indicating that the disposal of all materials and wastes will be accomplished in a manner that complies with State and Federal regulations. Such evidence shall, at a minimum, include copies of contracts with waste haulers licensed to operate within the County which have been contracted to dispose of the materials and wastes used or generated on-site or some other legal means of disposal. The zoning permit for this use shall remain valid only so long as such contracts remain in effect and all materials and wastes are properly disposed of on a regular basis. Should the nature of the use change in the future, such that the materials used or wastes generated changes significantly either in type or amount, the owner shall so inform the Zoning Officer, and shall provide additional evidence demonstrating continued compliance with the requirements of this section. Article 4 Specific Criteria -183- Silver Spring Township Zoning Ordinance 1 420.9. Where more than one (1) of the uses enumerated in 420.10. below are proposed either at one time or separately over time, integrated site function and design shall be require consistent with the creation of a campus-like environment; 420.10. Permitted Uses: 1. Hospitals and hospices; 2. Intermediate care and skilled nursing facilities; 3. Medical and dental offices; 4. Outpatient health services, including, but not limited to, laboratories, radiologica and diagnostic imaging services, blood banks, outpatient surgery centers, and outpatient clinics and patient care facilities; 5. Health and fitness clubs; 6. Commercial day-care facilities; 7. Commercial schools with exclusively health care-related curricula intended to prepare enrolled students for careers in health care, nursing schools, and other allied health technology training programs; 8. Accessory buildings, uses and services customarily incidental to the above uses, including, but not limited to, the following: A. Administrative offices; B. Public uses and essential services (e.g., private central utility plant, electrical switching facility, steam generation facility, heating facility, ventilation facility, and oxygen facility); C. Automobile parking lots and parking garages; D. Housing for students, employees and their families in accordance with the standards of the (R-2) Zone; E. Lodging facilities for patients and their families; F. Retail sales of medical/health care-related supplies (e.g., durable medical equipment, prosthetics, pharmaceutical supplies) and retail sales/service for t convenience of employees, patients and visitors (e.g., uniforms, flowers, gift uniform cleaning, barber/beauty salons, automatic teller banking, restaurants All retail sales and services shall be located within buildings in which other permitted uses are located. Retail sales and services may not exceed five percent (5%) of the floor area of existing buildings within this Zone; G. Short-term, intermittent educational programs which are not intended to prepare students for careers in health care, but, rather, are intended to inform employees, patients, health care providers, or the public regarding health care issues; H. Helistop (see Section 420.11.1.); and, 1. Incinerators and autoclaves (see Section 420.11.2.); 420.11. Specific Requirements for Selected Accessory Uses: d 1 he s, 1 I Silver Spring Township Zoning Ordinance -184- 1 Article 4 Specific Criteria Helistoas - The helistop shall only be used for the emergency transport by helicopter of patients to or from other permitted health care-related uses. The helistop shall not include auxiliary facilities, such as fueling and maintenance equipment. The helistop shall be set back a minimum of three hundred (300) feet from any adjoining property and any street. The applicant must demonstrate compliance, through a written statement, and continue to comply with applicable State and Federal standards; and, 2. Incinerators and Autoclaves - Only the processing of waste generated on-site is permitted. All processing and storage of waste shall be conducted within a completely-enclosed building. All storage of waste shall be in a manner that is leak- and vector-proof. No storage of waste shall exceed seven (7) days in length. The incinerator shall be set back at least a distance equal to its height from all lot lines. The applicant must demonstrate compliance, through a written statement, and continue to comply with all applicable State and Federal standards and regulations; 420.12. Maximum Permitted Height - Ninety (90) feet for hospitals, provided all structures are set back a horizontal distance equal to their height from each property line and street right-of-way line; sixty (60) feet for all other uses; and, 420.13. The applicant shall furnish a description of the effect of the proposed use on the delivery of ambulance service. This description shall include a letter from the agency responsible for ambulance service in the site's vicinity. Such letter shall describe the adequacy/inadequacy of existing facilities and services to accommodate the proposed use, and any suggestions that might enhance ambulance service. Should it be determined that the proposed use would overburden local ambulance service, the Township may attach conditions of approval that seek to assure adequate levels of service. SECTION 421 HISTORIC STRUCTURES CONVERSIONS 421.1. Within the (R-3) Zone, the conversion of historic structures is permitted by special exception, subject to the following criteria: 421.2. Such conversions shall only be permitted within historic structures, as defined herein; 421.3. The applicant shall furnish expert evidence that any alterations, improvements, extensions, additions or other modifications proposed to the historic structure will be accomplished in a manner that does not jeopardize the "historic" status of the structure; 421.4. The applicant shall furnish evidence of an approved means of water supply and sewage disposal; 421.5. The applicant shall obtain any necessary land development approvals; Article 4 Specific Criteria -185- Silver Spring Township Zoning Ordinance 1 421.6. All off-street parking and/or loading areas shall be screened from adjoining residences and roads; 421.7. One (1) sign shall be permitted which is no larger than twelve (12) square feet and is located at least ten (10) feet from all lot lines; 421.8. Historic Restaurant Conversions - Historic restaurant conversions shall not involve drive-thru, nor fast-food restaurant operations, as defined herein; 1. All restaurant seating shall be provided within the completely-enclosed building, except that limited exterior seating may be provided if: A. Such seating is situated and designed so as not to adversely impact nearby residences; B. Such seating is accessory to the principal interior seating accommodations; C. During use, such seating is continuously supervised by an employee or owner of the restaurant; D. Any lighting or music systems serving such seating is designed and operated so as not to constitute a nuisance to adjoining properties; E. The applicant shall furnish and implement a working plan for the continuous cleanup of litter and debris that may result from such outdoor seating; and, F. Such seating is removed during seasons when not in use; 421.9. Historic Conversion Apartment - All dwelling units within the historic conversion apartment building shall contain at least four hundred (400) square feet of habitable floor area; 1. Any extensions or modifications to the external appearance of the building (except fire escapes) shall complement its residential character; 2. All floors above or below grade shall have a permanently affixed direct means of escape to ground level; 3. Three (3) off-street parking spaces per unit shall be provided; 421.10. Historic Office Conversions are permitted; and, 421.11. All historic conversions shall demonstrate those measures employed to incorporate the design features listed in Section 206.8. of this Ordinance. If the applicant cannot incorporate said features, the applicant shall describe what steps were taken to attempt such design, and the specific reasons why the design is impossible and/or impractical. The applicant shall also suggest what measures could be taken by the Township to facilitate such a design. Silver Spring Township Zoning Ordinance -186- Article 4 Spec Criteria SECTION 422 HOME OCCUPATIONS 422.1. Within the (C, A, R, RE, R-1, R-2, and R-3) Zones, home occupations are permitted by special exception, and within the (VO) Zone, home occupations are permitted by conditional use, subject to the following criteria: 422.2. The use shall be clearly incidental to the primary use of the premises as a dwelling for living purposes; 422.3. Only residents of the dwelling may be engaged in the home occupation use; 422.4. No more than one (1) home occupation may be located in any dwelling unit; 422.5. The home occupation shall not alter the appearance of the building as a dwelling unit; 422.6. No mechanical equipment shall be employed in a home occupation, other than that customarily utilized for hobby or domestic purposes; 422.7. No sales of any goods or merchandise shall occur on the premises, other than those goods or merchandise which are produced on the premises; 422.8. No manufacturing shall occur on the premises other than the products of customary hobbies and fabrication of garments by a seamstress; 422.9. No goods shall be displayed so as to be visible from the exterior of the premises; 422.10. Home occupations shall be limited to not more than twenty-five percent (25%) of the floor area of the dwelling unit, or five hundred (500) square feet, whichever is less; 422.11. No accessory building or structure shall be utilized for any aspect of a home occupation; 422.12. In addition to the required parking spaces for the dwelling unit, one (1) parking space per potential patron on site at one time shall be provided; 422.13. Only one (1) sign advertising a home occupation shall be permitted. Such sign shall not be illuminated and shall be limited to four (4) square feet in display area, including all sides of the sign; and, 422.14. The applicant shall submit evidence of all applicable State approvals. SECTION 423 HOTELS AND RELATED FACILITIES Article 4 Specific Criteria -187- Silver Spring Township Zoning Ordinance 423.1. Within the (O and INT) Zones, hotels and related facilities are permitted by conditional use, subject to the following criteria: 423.2. Minimum Lot Area - Five (5) acres; 423.3. Both public sewer and public water shall be utilized; 423.4. The following accessory uses may be approved as part of the conditional use application: 1. Auditorium; 2. Barber and beauty shops; 3. Tavern or nightclub; 4. Gift shop; 5. Meeting facilities; 6. 7. Recreational uses and swimming pools; Restaurants; 8. Sauna, spa or steam room; 9. 10. Solarium; Valet shop; and, 11. Other similar retail sales and personal services; and, 423.5. The above accessory uses (aside from outdoor recreational uses) shall be physically attached to the main hotel building except that one (1) freestanding restaurant, tavern or nightclub shall be permitted on the same lot as a principal hotel, subject to the following: I . The proposed restaurant, tavern or nightclub shall offer the preparation and serving of food and drink to be consumed on the premises; no drive-thru or take- out services shall be permitted; 2. No additional freestanding signs (other than those permitted for the principal hotel use) shall be permitted; 3. If a nightclub is proposed, the applicant shall furnish evidence as to what means assure that the proposed nightclub will not constitute a nuisance to adjoining uses (including the hotel) by way of noise loitering and hours of operation; litter , , 4. Sufficient off-street parking spaces have been provided and located to conveniently serve the freestanding restaurant, tavern and/or nightclub without interfering with required off-street parking associated with the hotel use; and, 5. No part of any nightclub shall be located within six hundred (600) feet of any residentially-zoned land. SECTION 424 JUNKYARDS Silver Spring Township Zoning Ordinance -188- Article 4 Specific Criteria 424.1. Within the (1-2) Zone, junkyards are permitted by conditional use, subject to the following criteria: 424.2. Minimum Lot Area - Ten (10) acres; 424.3. The outdoor area devoted to the storage of junk shall be completely enclosed by an eight (8) foot high, sight-tight fence which shall be set back at least fifty (50) feet from all property lines and one hundred (100) feet from residentially-zoned properties; 424.4. The setback area between the fence and the lot lines shall be kept free of weeds and all scrub growth; 424.5. All completely-enclosed buildings used to store junk shall beset back at least fifty (50) feet from all property lines; 424.6. No material may be stored or stacked so that it is visible from adjoining properties and roads; 424.7. All additional Federal and State laws shall be satisfied; 424.8. All junk shall be stored or arranged so as to permit access by firefighting equipment and to prevent the accumulation of water, and with no junk piled to a height greater than eight (8) feet; 424.9. No material shall be burned at any time; 424.10. Any junkyard shall be maintained in such a manner as to cause no public or private nuisance, nor to cause any offensive or noxious sounds or odors, nor to cause the breeding or harboring of rats, flies, or other vectors; and, 424.11. No junkyard shall be located on land with a slope in excess of five percent (5%). SECTION 425 MEDICAL RESIDENTIAL CAMPUSES 425.1. Within the (R-2) Zone, medical residential campuses are permitted by conditional use, subject to the following criteria: 425.2. The campus shall primarily serve the needs of retirement-aged persons. At least one (1) resident of each household shall be at least fifty (50) years old, or possess some handicap that can be treated within a setting like the medical residential campus; 425.3. The campus shall achieve a balanced residential/medical environmental which cannot be achieved through the use of conventional zoning techniques; 425.4. Residences shall be functionally, physically, and architecturally integrated with medical service and recreational activity centers; Article 4 Specific Criteria -189- Silver Spring Township Zoning Ordinance t 425.5. Commercial, medical, and recreational uses shall be grouped together and located near the populations being served; 425.6. The minimum land area devoted to the campus shall be ten (10) contiguous acres; 425.7. The site shall front on and have access to a collector or arterial road; 425.8. All buildings or structures containing nonresidential use(s), off-street parking lots and loading areas shall be set back at least seventy-five (75) feet from all adjoining residentially-zoned land, and fifty (50) feet from all lot lines of the campus property; 425.9. The maximum permitted overall density is ten (10) dwelling units per acre. For purposes of this section, each 1.5 care beds associated with a medical use shall constitute one dwelling unit. No more than fifty percent (50%) of the total number of permitted dwelling units shall consist of care beds; 425.10. All buildings or structures used solely for residential purposes shall be set back at least fifty (50) feet from all lot lines of the campus property; 425.11. The maximum permitted height is sixty (60) feet, provided that an additional two (2) feet of required building setback shall be provided for that portion of building height exceeding thirty-five (35) feet. Furthermore, any building exceeding thirty-five (35) feet in height shall require the applicant to obtain a letter from the Township Emergency Management Coordinator indicating that adequate provision has been made for firefighting and rescue activities; 425.12. No more than sixty percent (60%) of the subject property shall be covered with buildings, parking and loading areas and/or other impervious surfaces; 425.13. Each off-street parking lot shall provide at least twenty percent (20%) of the total parking spaces as those designed for the physically handicapped. Furthermore, suc parking spaces shall be located throughout the campus in such a manner to be conveniently accessible to the buildings/uses for which they are required; 425.14. Only those uses which provide a harmonious, balanced mix of medical, residential, limited commercial and recreational uses, primarily serving campus residents, and h public, quasi-public and medical services for the off-campus retirement-aged community will be permitted. Uses may include, but need not be limited to the following: Y I 1. Dwelling, nursing homes, and congregate living facilities for the elderly or physically handicapped; 2. Medical facilities including offices, laboratories, clinics, professional or paramedical training centers, and ambulatory care facilities; Silver Spring Township Zoning Ordinance -190- I Article 4 Spec Criteria 3. Commercial uses which are strictly related and subordinate to the residential/medical character of the campus and which directly serve the residents and employees of, or visitors to, the center. The uses should be chosen to reflect their local orientation to the immediate campus vicinity and should be of a size and scope so as not to interfere with existing or proposed retail uses located in the off-campus area; and, 4. Recreational and social uses, such as athletic facilities, community centers, and assembly halls, limited to use only by campus residents, employees, or their guests; and, 425.15. The applicant shall furnish a description of the effect of the proposed use on the delivery of ambulance service. This description shall include a letter from the agency responsible for ambulance service in the site's vicinity. Such letter shall describe the adequacy/inadequacy of existing facilities and services to accommodate the proposed use, and any suggestions that might enhance ambulance service. Should it be determined that the proposed use would overburden local ambulance service, the Township may attach conditions of approval that seek to assure adequate levels of service. SECTION 426 NIGHTCLUBS 426.1. Within the (C-2 and C-3) Zones, nightclubs are permitted by conditional use, subject to the following criteria: 426.2. No part of the subject property shall be located within six hundred (600) feet of any residentially-zoned land; 426.3. The applicant shall furnish expert evidence that the proposed use will not be detrimental to the use of adjoining properties due to hours of operation, light, and/or litter; 426.4. The applicant shall furnish expert evidence as to how the use will be controlled so as to not constitute a nuisance due to noise or loitering outside the building; and, 426.5. A working plan for the cleanup of litter shall be furnished and implemented by the applicant. 426.6. Within the C-2 zone, nightclubs must be accessory to some other permitted principal use, including, but not limited to: restaurants, taverns, and hotels. In addition, no area used for nightclub purposes shall have direct exterior access. SECTION 427 NONCOMMERCIAL KEEPING OF LIVESTOCK 427.1. Within the (RE) Zones, noncommercial keeping of livestock is permitted by special exception, subject to the following criteria and within the (C, A, and R) Zones, Article 4 Specific Criteria -191- Silver Spring Township Zoning Ordinance PJ noncommercial keeping of livestock is a permitted use, subject to the criteria stated in Section 337. 427.2. Minimum Lot Area - Two (2) acres. Additionally, the following list specifies additional area requirements by size of animals kept: GROUP 1 - Animals whose average adult weight is less than ten (10) pounds shall be permitted at an animal density of twelve (12) per acre, with a maximum number of fifty (50) animals; GROUP 2 - Animals whose average adult weight is between ten (10) and sixty-five (65) pounds shall be permitted at an animal density of two (2) per acre, with a maximum number of twenty (20) animals; and, GROUP 3 - Animals whose average adult weight is greater than sixty-five (65) pounds shall be permitted at an animal density of one (1) per acre, with a maximum number of five (5) animals. The keeping of a combination of animal types (Group 1, 2 and 3) shall require an i animal density equal to the ratio of the number of animals, by type. In no case shall a lot contain more than fifty (50) total animals. Should one structure be used to house a combination of animal types, the most restrictive setback shall apply; 427.3. The following lists minimum setbacks (from all property lines) imposed upon the placement of any structure used to house noncommercial livestock: GROUP 1 Animals Up to 25 animals, a 25-foot setback; Above 25 animals, a 50-foot setback; GROUP 2 Animals Up to 2 animals; a 50-foot setback; Above 2 animals; a 100-foot setback; and, GROUP 3 Animals One hundred (100) feet. 427.4. All structures used to house noncommercial livestock shall be prohibited from placement in the front yard; 1 11 427.5. All outdoor pasture/recreation areas shall be enclosed with fencing to prevent the escape of the animals; 427.6. All animal wastes shall be properly stored and disposed of, so as not to be objectionable at the site's property line. All animals, their housing, and their outdoor pasture/recreation areas shall be properly maintained so as not to become a nuisance to adjoining properties. Silver Spring Township Zoning Ordinance -192- 1 Article 4 Specific Criteria SECTION 428 NURSING, REST OR RETIREMENT HOMES 428.1. Within the (R-2) Zone, nursing, rest or retirement homes are permitted by conditional use, subject to the following criteria: 428.2. The site shall contain at least two (2) acres; 428.3. All parking areas shall be set back a minimum of twenty-five (25) feet from all property lines, and shall be screened from adjoining lots and streets; 428.4. A nursing, rest or retirement home may erect one (1) sign no larger than twelve (12) square feet in size, which must be set back ten (10) feet from all lot lines; 428.5. The applicant shall furnish evidence that an approved means of sewage disposal and water supply shall be utilized; 428.6. At least ten percent (10%) of required parking spaces shall be designed for handicapped persons; and, 428.7. No more than twenty-seven (27) care beds per acre shall be permitted. SECTION 429 OFF-STREET OFF-SITE PARKING LOTS FOR NEARBY LAND USES 429.1. Within the (R-3) Zone, off-street off-site parking lots are permitted by special exception, subject to the following criteria: 429.2. The off-site parking lot shall be within two hundred (200) feet walking distance of the lot on which the principal use is located; 429.3. A safe pedestrian accessway shall be provided between the off-site parking lot and the principal use; 429.4. No more than seventy-five percent (75%) of the total number of required parking spaces shall be provided off-site; 429.5. When possible, the off-site parking lot shall be designated for employee use; 429.6. The parking lot shall conform with all other off-street parking design requirements of the SLDO; 429.7. Off-street off-site parking lots shall only be permitted where it can be demonstrated that insufficient areas exist upon the site for required parking and that such insuffiency is not the result of building expansion which occurred after the effective date of this Ordinance; and, Article 4 Specific Criteria -193- Silver Spring Township Zoning Ordinance 429.8. All applicants shall demonstrate those measures employed to incorporate the design features listed in Section 206.8. of this Ordinance. If the applicant cannot incorporate said features, the applicant shall describe what steps were taken to attempt such design, and the specific reasons why the design is impossible and/or impractical. The applicant shall also suggest what measures could be taken by the Township to facilitate such a design. Silver Spring Township Zoning Ordinance -194- Article 4 Specific Criteria SECTION 430 PRINCIPAL WASTE HANDLING FACILITIES 430.1. Within the (I-2) Zone, principal waste handling facilities are permitted by conditional use, subject to the following criteria: 430.2. All principal waste handling facilities for "municipal and residual wastes," as defined by the PA DEP, shall be operated, and/or designated to be operated, by the Solid Waste Authority of Cumberland County; 430.3. Any processing and/or treatment of waste (including but not limited to incineration, composting, steaming, shredding, compaction, material separation, refuse derived fuel, pyrolysis, etc.) shall be conducted within a wholly-enclosed building; 430.4. No waste shall be deposited, stored or disposed of, and no building or structure shall be located, within two hundred feet (200) of any property line, and five hundred (500) feet of any land within a residential zone; 430.5. Any external area used for the unloading, transfer, storage, or deposition of waste must be completely screened from view at the property line. (The use of an earthen berm is encouraged where practicable.) In addition, such areas must also be completely enclosed by an eight (8) foot high fence, with no openings greater than two (2) inches in any direction; 430.6. The applicant must demonstrate compliance (through a written statement) and continue to comply with all applicable State and Federal standards and regulations; 430.7. The use shall be screened from all adjoining properties; 430.8. All uses shall provide sufficiently-long stacking lanes into the facility, so that vehicles waiting to be weighed and/or unloaded will not back-up onto public roads; 430.9. All access drives on the site shall be completely paved, except in the case of landfills where access drives are required to be paved for a distance of at least two hundred (200) feet from the street right-of-way line. In addition, if portions of on-site access drives are unpaved, then a fifty (50) foot long gravel section of driveway shall be placed just beyond the preceding two hundred (200) foot paved section to help collect any mud that may have attached to a vehicle's wheels; 430.10. Access to the site shall be limited to those posted times when an attendant is on duty. In order to protect against the indiscriminate and unauthorized dumping, all areas of the site shall be protected by locked barricades, fences, gates or other positive means designed to deny access to the area at unauthorized times or locations; 430.11. Litter control shall be exercised to prevent the scattering of wind-borne debris, and a working plan for the cleanup of litter shall be submitted to the Township; Article 4 Specific Criteria -195- Silver Spring Township Zoning Ordinance 1 430.12. The unloading, processing, treatment, transfer, and disposal of waste shall be conti- nuously supervised by a qualified facility operator; 430.13. Any waste that is to be recycled shall be stored in leak and vector-proof containers. Such containers shall be designed to prevent their being carried by wind or water. These containers shall be stored within a completely-enclosed building; 430.14. All storage of waste shall be indoors in a manner that is leak- and vector- proof. During normal operation, no more waste shall be stored on the property than is needed to keep the facility in constant operation; but, in no event for more than twenty-four (24) hours; 430.15. A contingency plan for the disposal of waste during a facility shutdown, shall be I submitted to the Township; 430.16. Leachate from the waste shall be disposed of in a manner in compliance with any applicable State and Federal laws or regulations. If leachate is to be discharged to a municipal sewage facility, pre-treatment shall be required and appropriate permits shall be obtained from the applicable agencies and authorities. In no event shall leachate be disposed of in a storm sewer, to the ground, or in any other manner inconsistent with the Department of Environmental Protection's regulations; 430.17. All structures shall be set back at least a distance equal to their height; 430.18. The applicant shall submit an analysis of raw water needs (groundwater or surface water) from either private or public sources, indicating quantity of water required. If the source is from a municipal system, the applicant shall submit documentation that the public authority will supply the water needed. In addition, if the facility is to rely upon non-public sources of water, a water feasibility study will be provided to enable the municipality to evaluate the impact of the proposed development on the groundwater supply and on existing wells. The purpose of the study will be to determine if there is an adequate supply of water for the proposed development and to estimate the impact of the new development on existing wells in the vicinity. The water feasibility shall be reviewed by the municipal engineer. A water system which does not provide an adequate supply of water for the proposed development, considering both quantity and quality, or does not provide for adequate groundwater recharge, considering the water withdrawn by the proposed development, shall not be approved by the municipality. A water feasibility study shall include the following information: calculations of the projected water needs; a geologic map of the area with a radius of at least one mile from the site; the location of all existing and proposed wells within one thousand (1,000) feet of the site, with a notation of the capacity of all high-yield wells; Silver Spring Township Zoning Ordinance -196- Article 4 Spec Criteria I the location of all existing on-lot sewage disposal systems within one thousand (1,000) feet of the site; the location of all streams within one thousand (1,000) feet of the site and all known point sources of pollution; based on the geologic formation(s) underlying the site, the long-term safe yield shall be determined; a determination of the effects of the proposed water supply system on the quantity and quality of water in nearby wells, streams, and the groundwater table; and, a statement of the qualifications and the signature(s) of the person(s) preparing the study; 430.19. The applicant shall provide a qualified traffic analysis, as described in Section 402.05. of the SLDO; 430.20. A minimum one hundred (100) foot wide landscape strip shall be located along all property lines. No structures, storage, parking, or any other related activity or operation shall be permitted within this landscape strip. Any fences or other screening erected on the site, must not be located within this landscape strip; 430.21. The applicant shall furnish expert testimony regarding emergency preparedness measures provided and/or otherwise available to respond to potential hazards regarding the spill of waste materials during transport to and from the site, and potential hazards regarding firefighting of waste materials upon the site; and, 430.22. No principal waste handling facility shall be located within one (1) mile of another, as measured in a straight line between closest property lines. SECTION 431 PRIVATE CLUBHOUSES 431.1. Within the (C and R) Zones, private clubhouses are permitted by special exception, subject to the following standards: 431.2. All private clubs shall front, and have access to, an arterial or collector road; 431.3. All off-street parking shall be provided between the front face of the building and a point twenty-five (25) feet from the right-of-way line of adjoining road(s). Parking compounds will also be set back thirty (30) feet from any adjoining residential lot lines; 431.4. All outdoor recreation/activity areas shall be set back at least fifty (50) feet from any property line; 431.5. Screening shall be provided along any adjoining residentially-zoned property; and, 431.6. The applicant must furnish evidence as to how the use will be controlled so as not to constitute a nuisance due to noise or loitering outside the clubhouse. Article 4 Specific criteria -197- Silver Spring Township Zoning Ordinance 1 SECTION 432 PUBLIC AND PRIVATE SCHOOLS 432.1. Within the (A, R, and R-1) Zones, public and private schools (excluding vocational and mechanical trade schools) and within the (R-2) Zone, only private schools (excluding vocational and mechanical trade schools) are permitted by special exception, subject to the following criteria: A 432.2. All height, area, setback, and coverage standards within the underlying zone shall apply; 432.3. All off-street parking lots shall be set back twenty-five (25) feet and screened from adjoining property lines; 432.4. All buildings shall be set back at least one hundred (100) feet from any adjoining lan within a residential zone; 432.5. If education is offered below the college level, an outdoor play area shall be provide at a rate of sixty-five (65) square feet per individual enrolled. Off-street parking lots shall not be used as outdoor play areas. Outdoor play areas shall not be located with the front yard and must be set back twenty-five (25) feet from all property lines. Outdoor play areas shall be completely enclosed by a minimum four (4) foot high fence and screened from adjoining residentially-zoned properties. Any vegetative materials located within the outdoor play area shall be of a nonharmful type (poisonous, thorny, allergenic, etc.). All outdoor play areas must provide a means o shade such a shade tree(s) or pavilion(s); Enrollment shall be defined as the largest number of students on the site at any one time during a seven (7) day period; 432.6. Passenger "drop-off' and "pick-up" areas shall be provided and arranged so that students do not have to cross traffic lanes on or adjacent to the site; and, 432.7. Within the (A) Zone, schools shall only offer education through grade eight, and no school shall contain more than two (2) acres of lot area. d d, in f SECTION 433 QUARRY-RELATED MANUFACTURING, MIXING AND PROCESSING FOR SALE OF ASPHALTIC OR BITUMINOUS PRODUCTS 433.1. Within the (Q) Zone, quarry-related manufacturing, mixing and processing for sale of asphaltic or bituminous products is permitted by conditional use, subject to the following criteria: 433.2. In addition to those requirements listed in Section 223, the applicant shall submit a scaled site plan which depicts the location and identification of uses of all buildings Silver Spring Township Zoning Ordinance -198- Article 4 Specific Criteria within a circular area having a radius of 1,500 feet from the proposed site of the use being sought; and, 433.3. After reviewing the required submission under Section 223.14. (Operational Requirements), should the Board of Supervisors, after a period of operation for one (1) year, determine that the conditional use is detrimental to the health, safety and general welfare of the Township, the Board shall give the operator of the use written notification of the specific detrimental effects, and the operator must correct the specified detrimental effects within ninety (90) days from such date of notice. Failure to correct the detrimental effects within ninety (90) days will result in a notice of termination being sent to the operator by said Board. The operator must cease said use within one (1) year after receipt of said termination. SECTION 434 RURAL CLUSTERS 434.1. Within the (R) Zone, rural clusters are permitted by conditional use, subject to the following criteria: 434.2. Purpose - This conditional use is intended to blend residential development amid substantial areas of the Township that are characterized by severe development constraint and/or natural sensitivity. It is the express purpose to offer a density bonus and flexible design standards as enabled in the Act for the preservation and protection of natural-cultural features and/or the provision of public accessible common open space; 434.3. Within rural clusters, the maximum permitted density shall be one (1) dwelling unit per each two (2) acres of area contained within the total development site, including common open space. If both public water and public sewer is provided the maximum permitted density shall be increased to one dwelling per each 1.5 acres of gross land area; 434.4 Within rural clusters, only single-family detached dwellings are permitted, subject to the following design standards: Minimum Minimum Maximum Minimum Yard Setbacks Lot Area Lot Width Lot Coverage Front One Side Both Sides Rear I Acre' 100 Feet 2 10% 40 Feet 20 Feet 40 Feet 40 Feet 25,000 sf 100 Feet 2 20% 40 Feet 20 Feet 40 Feet 40 Feet Public Water and Sewer Provided ' All uses relying upon on-lot sewers are subject to the requirements of Section 311 of this Ordinance. 2 Minimum lot width as measured at the street line may be reduced to seventy (70) feetfor lots that abut a cul-de-sac turnaround. Article 4 Specific Criteria -199- Silver Spring Township Zoning Ordinance 1 f t w 434.5. Within rural clusters, the use of flag lots is permitted, subject to the requirements of Section 605.04.7. of the Subdivision and Land Development Ordinance. 434.6. No less than forty percent (40%) of the total area of a rural cluster development shall be devoted to common space; 434.7. Delineation of Common Open Space - As part of the site planning process for the cluster development, the applicant shall be required to prepare a detailed natural and cultural features inventory of the site. Such features shall become all or part of the required common open space. Qualified experts must identify, describe and plot each of the following found on the proposed site: 100-year floodplains; steep slopes [greater than fifteen percent (15%)]; wetlands, streams, ponds, or other water bodies; historic resources; and, significant stands of mature trees. sinkholes, caves, vistas, or other significant geologic features; threatened or endangered species habitats; archaeologic resources historic resources; and, significant stands of mature trees. In addition, the applicant can include proposed parklands within common open space if such parkland complies with the following: 1 The parkland shall be located and designed so that safe and convenient access shall be provided to all existing and proposed inhabitants. Additionally, each site shall have at least one (1) area available for vehicular access that is no less than twenty-four (24) feet in width; 2. The parkland shall be sized and configured so as to accommodate its intended uses. Sufficient lot width/depth dimension shall be provided so as to accommodate, where practicable, ball fields, courts and other open play areas. Furthermore, should a development be proposed at a location contiguous to an existing park, parklands should be provided, where practicable, as an expansion of the existing facility; 1 r 3. The parkland shall have suitable topography and soil conditions for its intended use. For active play areas, no more than twenty-five percent (25%) of the site shall be comprised of floodplains, storm water management facilities and/or slopes exceeding three percent (3%). Any unimproved site shall be provided with a healthy and vibrant grass ground cover. No part of any overhead utility easement, nor any above ground protrusion of an underground utility should be permitted in active play areas of the site; Silver Spring Township Zoning Ordinance -200- Article 4 Specific Criteria 4. Any linear park proposed shall include an all-weather durable surface that is at least six (6) feet wide, with average slopes no more than five percent (5%) and maximum slopes of no more than fifteen percent (15%); 5. No part of the parkland shall be calculated as part of any required setback, yard and/or open space for adjoining lots or uses as regulated by the Zoning Ordinance; 6. The parkland shall comply with any applicable design, orientation, size and location guidelines listed in the Township's Official Recreation Plan for its particular neighborhood; and, 7. The ownership and maintenance of common open space shall be governed by Section 316 of this Ordinance; and, 434.8. All applicants must demonstrate an approved means of sewage disposal and reliable water supply for the proposed uses. SECTION 435 SHOOTING RANGES 435.1. Within the (C) Zone, shooting ranges are permitted by conditional use, subject to the following criteria: 435.2. Shooting Range Operations: 1. May not substantially injure or detract from the lawful existing or permitted use of neighboring properties; 2. May not substantially damage the health, safety or welfare of the Township or its residents and property owners; 3. Must comply with all applicable State and local laws, rules and regulations regarding the discharge of a firearm; 4. Shall limit the storage of ammunition to only that utilized for each day's activity, and in no event shall ammunition remain on the property for greater than twenty- four (24) hours. The storage of live ammunition may only occur indoors in an area secured from general access; 5. Shall limit the number of shooters to the number of firing points or stations identified on the development plan; 6. Shall require all shooters to satisfactorily complete an orientation safety program given in accordance with the National Rifle Association before they are allowed to discharge firearms; 7. Shall limit the consumption of alcoholic beverages to days when no shooting activities are permitted, or when the shooting activities are completed for that day. Article 4 Specific Criteria -201- Silver Spring Township Zoning Ordinance ... 1 1 A Furthermore, alcoholic beverages may only be consumed in designated areas away from the firing points or stations; and, 8. Shall limit firing to the hours between one (1) hour after dawn and one (1) hour preceding dusk; 435.3. A development plan shall identify the Safety Fan for each firing range. The Safety Fan shall include the area necessary to contain all projectiles, including direct fire and ricochet. The Safety Fan configuration shall be based upon qualified expert testimony regarding the trajectory of the bullet and the design effectiveness of berms, overhead baffles, or other safety barriers to contain projectiles to the Safety Fan; 435.4. The firing range, including the entire Safety Fan, shall be enclosed with a six (6) foot high non-climbable fence to prevent unauthorized entry into the area. Range caution signs with eight (8) inch tall, red letters on a white background shall be posted at a maximum of one hundred (100) foot intervals around the range perimeter. Signs shall read "SHOOTING RANGE AREA. KEEP OUT!"; 435.5. Range flags shall be displayed during all shooting activities. Range flags shall be located in a manner visible from entrance drives, target areas, range floor, and the perimeter of the Safety Fan; 435.6. All surfaces located within the Safety Fan, including the backstop, overhead baffles, berms, and range floor, shall be free of hardened surfaces, such as rocks or other ricochet-producing materials; 435.7. All shooting range facilities, including buildings, parking, firing range, and Safety Fan shall be set back a minimum of one hundred (100) feet from the property line and street right-of-way; 435.8. Sound abatement shields or barriers shall be installed on shooting ranges located within one quarter (1/4) mile of a residential zone, unless significant natural barriers exist. The applicant shall present credible evidence that the sounds of shooting in the residential zone does not exceed the ambient noise level; 435.9. Off-street parking facilities shall be provided with a ratio of one and one-half (1 %2) 1 spaces per firing station, but not less than one (1) space for each four (4) seats; and, 435.10. No part of a shooting range property shall be located within one-quarter (1/4) mile of any land within a residential zone. SECTION 436 SHOPPING CENTERS OR MALLS 1 436.1. Within the (C-2 and C-3) Zones, shopping centers or malls may be permitted by conditional use, subject to the following: Silver Spring Township Zoning Ordinance -202- Article 4 Specific Criteria 436.2. The subject property shall front on an arterial or collector road, and all access drives shall be set back at least two hundred (200) feet from the intersection of any street right- of-way lines; 436.3. Minimum Lot Size Two (2) acres; 436.4. Minimum Lot Width - Two hundred (200) feet; 436.5. A minimum of 5.5 off-street parking spaces shall be provided for each one thousand (1,000) square feet of gross leasable floor area; 436.6. Both public sewer and public water shall be utilized; 436.7. Maximum Lot Coverage - Seventy percent (70%); 436.8. A traffic study shall be submitted by the applicant, in accordance with Section 402.05. of the SLDO; and, 436.9. The shopping center shall be permitted to use planned center signs as regulated in Section 313 of this Ordinance. SECTION 437 TRUCK OR MOTOR FREIGHT TERMINALS 437.1. Within the (I-2) Zone, truck or motor freight terminals are permitted by conditional use, subject to the following criteria: 437.2. Access shall be onto U. S. Route 11 or one of its feeder roads; and, 437.3. The applicant shall furnish a traffic study prepared by a professional traffic engineer, in accordance with Section 402.05. of the SLDO. -- SECTION 438 TRUCK STOPS 438.1. Within the (I-2) Zone, truck stops are permitted by conditional use subject to the following criteria: 438.2. The subject property shall have a minimum of three hundred (300) feet of road frontage along an arterial road; 438.3. The subject property shall be located no closer than five hundred (500) feet from any residential zone and/or property containing a school, day-care facility, park, playground, library, hospital, nursing, rest or retirement home, or medical residential campus; 438.4. All structures (including, but not limited to, air compressors, fuel pump islands, kiosks) shall be set back at least fifty (50) feet from any street right-of-way line; Article 4 Specific Criteria -203- Silver Spring Township Zoning Ordinance 1 1 1 438.5. Access driveways shall be a minimum of twenty-eight (28) feet, and a maximum of thirty-five (35) feet wide. All access drives onto the same road shall be set back at least one hundred fifty (150) feet from one another, as measured from closest points of cartway edges; 438.6. Off-street parking shall be provided at a rate equal to that required for each of the respective uses comprising the truck stop. The applicant shall also present credible evidence that the number of "oversized" off-street parking spaces provided for trucks will be adequate to accommodate the expected demand generated by truck patrons. Any gates or other barriers used at the entrance to parking areas shall be set back and arranged to prevent vehicle back-ups onto adjoining roads during peak arrival periods; 438.7. Trash receptacles shall be provided amid off-street parking areas which shall be routinely emptied. Furthermore, a working plan for the regular clean-up of litter shall be furnished and continuously implemented by the applicant; 438.8. All uses involving drive-thru restaurant and/or drive-thru vehicle service and/or washing shall provide sufficient on-site stacking lanes to prevent vehicle back-ups on adjoining roads; 438.9. All vehicle service and/or repair activities shall be conducted within a completely enclosed building. No outdoor storage of parts, equipment, lubricants, fuels, or other materials used or discarded in any service or repair operations, shall be permitted; 438.10. The outdoor storage of unlicensed vehicles is prohibited; 438.11. All vehicles and machinery shall be repaired and removed from the premises promptly; 438.12. The demolition or junking of vehicles and machinery is prohibited. Demolished vehicles and/or parts thereof, shall be removed within two (2) weeks after arrival; 438.13. Any exterior public address system shall be designed and operated so that the audible levels of any messages conveyed over the system will not exceed the ambient noise levels of the use, as measured at each of the property lines; 438.14. The applicant shall submit a traffic study as governed by Section 402.05. of the SLDO; and, 438.15. The applicant shall furnish evidence that the storage and disposal of materials and wastes will be accomplished in a manner that complies with all applicable State and k Federal regulations. D Silver Spring Township Zoning Ordinance -204- 11 Article 4 Specific Criteria SECTION 439 SLAUGHTERING, PROCESSING, RENDERING AND PACKAGING OF FOOD PRODUCTS AND THEIR BY- PRODUCTS 439.1. Within the (I-2) Zone, slaughtering, processing, rendering, and packaging of food products and their by-products are permitted by conditional use, subject to the following criteria: 439.2. Minimum Lot Area - Five (5) acres; 439.3. The subject site shall have access to a major collector or arterial road; 439.4. Public sewer and public water facilities shall be utilized; 439.5. All aspects of the slaughtering, processing, rendering, and packaging operation, excepting the unloading and holding of live animals, shall be conducted within a completely-enclosed building; 439.6. All live animals held outside shall be within secure holding pens or runways, sufficiently large to accommodate all animals without crowding, and not located within the front yard; 439.7. The applicant shall furnish a working plan for the recovery of escaped animals which minimizes the potential for animals to enter traffic or cross property lines, and which -- shall be continuously implemented; 439.8. All animal wastes shall be regularly cleaned up and properly disposed of, so as not to be objectionable at the site's property line; 439.9. The unloading of live animals from trucks into holding pens and their movement into the plant shall be continuously supervised by a qualified operator, whose responsibility it shall also be to immediately identify and appropriately dispatch any obviously ill or injured animals; 439.10. The unloading of live animals and their movement into the plant shall be conducted in an orderly and calm manner so as to minimize noise levels; 439.11. The loading and unloading of trucks shall be restricted to the hours between 6:00 a.m. and 10:00 p.m.; 439.12. No exterior animal holding pens and/or areas devoted to loading/unloading of animals shall be located within two hundred (200) feet of any property line nor five hundred (500) feet of any land within a residential zone; 439.13. All animal holding pens and/or areas used for the loading/unloading of animals shall be screened from all adjoining properties and shall include a minimum fifty (50) foot wide landscape strip; Article 4 Specific Criteria -205- Silver Spring Township Zoning Ordinance w 1 1 1 439.14. Sewer and water lines shall not meet within or beneath the plant, and shall further be designed and installed to minimize the potential for leakage and contamination by maximizing the separation distance between lines and laying sewer lines at greater depth than water lines; 439.15. Where wastewater pretreatment is required by the EPA or local authority, wastewater shall be kept completely covered at all times to reduce the potential for release of odors. In no event shall wastewater be disposed of in a storm sewer, to the ground, or in any other manner inconsistent with PA DEP regulations; 439.16. All unusable animal by-products shall be stored indoors in leak- and vector-proof containers. In the case of slaughtering or processing operations which do not do their own rendering, the applicant shall provide evidence of a written contract with a rendering operation for the daily disposal of such waste products. In no case shall any waste products remain on the site for more than twenty-four (24) hours; [?J 439.17. The applicant must demonstrate written compliance with, and continue to comply with, all applicable local, State and Federal standards and regulations; 439.18. The use shall provide sufficiently-long stacking lanes and on-site loading/unloading areas, so that trucks waiting to be loaded/unloaded will not back up onto public roads. No parking or loading/unloading shall be permitted on or along any public road; 439.19. Access - Vehicular access shall be so arranged as to minimize danger and congestion along adjoining roads and to avoid the creation of nuisances to nearby properties. Access drives used by trucks shall only intersect with major collector or arterial roads; 1. All access drives shall be designed and located so as to permit the following minimum sight distances measured from a point at least ten (10) feet behind the curb line or edge of cartway of an intersecting public street. No sight obstructions shall be permitted which are greater than three (3) feet or less than ten (10) feet above the street surface. It 1 1 Speed Limitation on Public Street (mph) Required Sight Distance (feet) 25 240 30 275 35 315 40 350 45 425 50 475 55 550 Silver Spring Township Zoning Ordinance -206- Article 4 Specific Criteria 439.20. All access drives onto the site shall have a paved minimum thirty-five (35) foot wide cartway for a distance of at least two hundred (200) feet from the street right-of-way. In addition, if portions of on-site access drives are unpaved, then a fifty (50) foot long gravel section of driveway shall be placed just beyond the preceding two hundred (200) foot paved section to help collect any mud that may have attached to a vehicle's wheels; and, 439.21. The applicant shall furnish a traffic study prepared by a professional traffic engineer in accordance with Section 402.05 of the SLDO. SECTION 440 AUTOMOBILE SALES AND AUTOMOTIVE SERVICE AND REPAIR FACILITIES 440.1 Within the (I-1) and (I-2) Zones, automobile sales and automotive service and repair facilities are permitted by conditional use, subject to the following: 440.2 The subject property shall have a minimum of one hundred fifty (150) feet of road frontage along U.S. Route 11; 440.3 All structures shall be set back at least fifty (50) feet from the street right-of-way line of U.S. Route 11; 440.4 All service and/or repair activities shall be conducted within a completely-enclosed building; 440.5 Lubricants, fuel or other petroleum products used as part of the service or repair operation, shall be properly stored and/or discarded; 440.6 Any ventilation equipment outlets associated with the service/repair work area(s) shall not be directed toward any adjoining residentially-zoned property; 440.7 The demolition or junking of vehicles is prohibited. SECTION 441 HEAVY INDUSTRIAL USES 441.1. Within the (I-2) Zone, heavy industrial uses are permitted by conditional use, subject to the following criteria: 441.2. The applicant shall provide a detailed written description of the proposed use in each of the following topics: 1. The nature of the on-site processing operations, the materials used in the process, the products produced, and the generation and methods for disposal of any wastes and/or by-products. In addition, the applicant shall furnish evidence that the Article 4 Specific Criteria -207- Silver Spring Township Zoning Ordinance storage and disposal of materials will be accomplished in a manner that complies with State and Federal regulations; 2. The general scale of the operation in terns of its market area, specific floor space requirements for each step of the industrial process, the total number of employees on each shift, and an overall needed site size; 3. Any environmental impacts that are likely to be generated (e.g., odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance, waste water, storm water, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish expert evidence that the impacts generated by the proposed use fall within acceptable levels as regulated by applicable laws and ordinances, including but not limited to those of Section 315 of this Ordinance; and, 4. A traffic study prepared by a professional traffic engineer, according to Section 402 05 f th SLDO . o e . SECTION 442 HEAVY EQUIPMENT SALES, SERVICE AND/OR REPAIR FACILITIES 1 R C; Y7 1 442.1. Within the (1-2) Zone, heavy equipment sales, service and/or repair service facilities are permitted by conditional use, subject to the following criteria: 442.2. All service and/or repair activities shall be conducted within a completely-enclosed building; 442.3. All uses involving drive-thru service shall provide sufficient on-site stacking lanes to prevent vehicle back-ups on adjoining roads; 442.4. All exterior storage and/or display areas shall be screened from adjoining residentially- zoned properties. All exterior storage/display areas shall be set back at least fifty (50) feet from adjoining street lines and shall be covered in an all-weather, dust-free surface; 442.5. The storage of junked vehicles, boats, machinery, trucks, trailers, mobile homes and heavy equipment vehicles on the property is prohibited; 442.6. Any ventilation equipment outlets associated with the service/repair work area(s) shall not be directly toward any adjoining residentially-zoned property; and, 442.7. All vehicles shall be repaired and removed promptly from the premises. Silver Spring Township Zoning Ordinance -208- 1 Article 4 Speck Criteria SECTION 443 RECYCLING FACILITIES FOR PAPER, PLASTIC, GLASS, AND METAL PRODUCTS 443.1. Within the (I-1 and I-2) Zones, recycling facilities for paper, plastic, glass, and metal products are permitted by conditional use, subject to the following criteria: 443.2. All operations, including collection shall be conducted within a completely-enclosed building; 443.3. There shall be no outdoor storage of materials processed, used or generated by the operation; 443.4. The applicant shall explain the scope of operation, and offer expert testimony regarding the measures used to mitigate problems associated with noise, fumes, dust, and litter; and, 443.5. The applicant will be required to assure regular maintenance of the site to immediately collect stray debris. SECTION 444 OFF-TRACK BETTING PARLORS 444.1. Within the (I-2) Zone, off-track betting parlors are permitted by conditional use subject to the following criteria: 444.2. An off-track betting parlor shall not be permitted to be located within one thousand (1,000) feet of any other off-track betting parlor; 444.3. No off-track betting parlor shall be located within one thousand (1,000) feet of any residentially-zoned land; 444.4. No off-track betting parlor shall be located within one thousand (1,000) feet of any parcel of land which contains any one or more of the following specified land uses: 1. Amusement park; 2. Camp (for minors' activity); 3. Child care facility; 4. Church or other similar religious facility; 5. Community center; 6. Museum; 7. Park; ' 8. Playground; 9. School; or 10. Other lands where minors congregate; 444.5. The distance between any two off-track betting parlors shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior "- Article 4 Spec Criteria -209- Silver Spring Township Zoning Ordinance parcel line of each establishment. The distance between any off-track betting parlor and any land use specified above shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior property line of the off- track betting parlor to the closest point on the property line of said land use; 444.6. No more than one (1) off-track betting parlor may be located within one building or shopping center; 444.7. The applicant shall furnish expert evidence that the proposed use will not be detrimental to the use of adjoining properties due to hours of operation, light and/or litter; 444.8. The applicant shall furnish expert evidence as to how the use will be controlled so as to not constitute a nuisance due to noise or loitering outside the building; 444.9. A working plan for the cleanup of litter shall be furnished and implemented by the applicant; 444.10. Off-street parking shall be provided at the rate of one (1) space per each sixty-five (65) square feet of gross floor area, including related dining, restaurant and snack bar areas; and, 444.11. All off-track betting parlors shall comply with the Pennsylvania Horse and/or Harness Racing Commission's Rules and Regulations pertaining to Nonprimary Locations, as defined therein. SECTION 445 BUS, BOAT, FARM AND EXCAVATION MACHINERY, MOBILE HOME, AND TRAILER SALES 445.1 Within the (C-3) Zone, Bus, boat, farm and excavation machinery, mobile home, and ?. trailer sales are permitted by conditional use, subject to the following: 445.2 The subject property shall have a minimum of one hundred and fifty (150) feet of road frontage along U.S. Route 11; 445.3 All structures shall be set back at least fifty (50) feet from the street right-of-way line of U.S. Route 11; 445.4 All service and/or repair activities shall be conducted within a completely enclosed building; 445.5 Lubricants, fuel or other petroleum products used as part of the service or repair operation, shall be properly stored and/or discarded; 445.6 Any ventilation equipment outlets associated with the service/repair work area(s) shall not be directed toward any adjoining residentially zoned property; Silver Spring Township Zoning Ordinance -210- Article 4 Specific Criteria 445.7 The demolition or junking of vehicles is prohibited. SECTION 446 BUS, CLASS I RECREATION VEHICLE, BOAT, MOTORCYCLE, AND SNOWMOBILE SERVICE AND REPAIR FACILITIES 446.1. Within the (C-3) Zone, bus, Class I recreation vehicle, boat, motorcycle, and snowmobile service and repair facilities are conditional uses, subject to the following criteria: 446.2. All service and/or repair activities shall be conducted within a completely-enclosed building; 446.3. All uses involving drive-thru service shall provide sufficient on-site stacking lanes to prevent vehicle back-ups on adjoining roads; 446.4. No outdoor storage of parts, equipment, lubricants, fuel or other materials used or discarded, as part of the service or repair operation, shall be permitted; 446.5. All exterior storage areas shall be subject to lot coverage requirements and screened from adjoining residentially-zoned properties and roads; 446.6. The storage of unlicensed vehicles is prohibited; 446.7. Any ventilation equipment outlets associated with the service/repair work area(s) shall not be directly toward any adjoining residentially-zoned property; 446.8. All vehicles and machinery shall be repaired and removed from the premises promptly; 446.9. The demolition or junking of vehicles and machinery is prohibited. Demolished vehicles or parts thereof shall be removed from the site within two (2) weeks of arrival; and, 446.10. The applicant shall furnish evidence that the storage and disposal of materials will be accomplished in a manner that complies with State and Federal regulations. SECTION 447 AMATEUR RADIO ANTENNAS 447.1 Within the (A), (R), (RE) and (R-1) Zones, amateur radio antennas are permitted by special exception, subject to the following criteria: 447.2 The amateur radio antenna must be located in the rear yard. 447.3 The amateur radio antenna must comply with all building setbacks for the Zone in which it is located. Article 4 Specific Criteria -211- Silver Spring Township Zoning Ordinance LF? 447.4 The applicant shall furnish expert testimony regarding the construction methods or other measures used to prevent (1) the toppling of any structure onto adjoining properties and/or roads, and (2) the wind-borne scattering of ice onto adjoining properties and/or roads. SECTION 448 BANKS AND SIMILAR FINANCIAL INSTITUTIONS 448.1 Within the Interchange Zone, banks and similar financial institutions are permitted by conditional use, subject to the following criteria: 448.2 Such uses may include bank offices and services including drive-through facilities and automatic teller machines provided that any such facilities shall be lighted during operational hours. 448.3 Any drive-through lanes shall be separated from parking spaces for non-drive-through customers and from pedestrian walkways. 448.4 In addition to the vehicular access to the property, the applicant shall provide pedestrian linkages with abutting properties so as to provide safe and convenient pedestrian and vehicular access to the property. 448.5 The exterior of each bank or financial institution shall be constructed of brick, stone, masonry; or similar product as approved by the Board of Supervisors. F v Silver Spring Township Zoning Ordinance -212- Article 4 Specific Criteria I ARTICLE 5 NONCONFORMITIES SECTION 500 CONTINUATION Except as otherwise provided in this section, or Section 313.4. of this Ordinance, any use, building, or structure lawfully existing at the time of enactment of this Ordinance may be continued, although it is not in conformity with the regulations specified by this Ordinance. SECTION 501 ABANDONMENT If a nonconforming use of land or of a building or structure ceases or is discontinued for a continuous period of one (1) year, or more, subsequent use of such building, structure, or land shall be in conformity with the provisions of this Ordinance. SECTION 502 EXTENSION OF A NONCONFORMING USE OF LAND Any lawful nonconforming use of land exclusive of buildings and structures and the use contained therein, may be extended upon the lot upon which it exists at the time of the effective date of this Ordinance, but such extension shall conform to area and lot regulations and the design standards of this Ordinance and to the percentage limitation as set forth in Section 503.1.2. of this Ordinance. The extension of a nonconforming use on a lot shall be limited to the lot which was in existence on the effective date of this Ordinance. SECTION 503 EXPANSION OR ALTERATION 503.1. Any nonconforming use may be expanded or altered through the obtainment of a special exception and subject to the following criteria, and those contained in Section 604.3: 1. Expansion of the nonconformity shall be confined to the lot on which it was located on the effective date of this Ordinance, or any amendment thereto creating the nonconformity; 2. The total of all such expansions or alterations of use shall not exceed an, additional fifty percent (50%) of the area of those buildings or structures or land devoted to the nonconforming use as they existed on the date on which the use of such buildings, structures or land first became nonconformities. The applicant shall furnish conclusive evidence as to the extent of the nonconformity when it was created. The alteration of a permitted structure having some dimensional nonconformity is exempt from the requirement of a special exception provided no new dimensional nonconformity is created by the alteration. Article 5 Nonconformities -213- Silver Spring Township Zoning Ordinance 4 LA 3. Provision for vehicular access, off-street parking and off-street loading shall be consistent with standards required by this Ordinance; 4. Provision for yards, building height and building area shall be consistent with the standards required for permitted uses in the zone in which the nonconformity in question is located; 5. Appearance should be harmonious with surrounding properties; this feature includes but is not limited to landscaping, enclosure of principal and accessory uses, height control, sign control, architectural control and maintenance of all improvements and open spaces; 6. Buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes but is not limited to fences, walls, plantings and open spaces; 7. The expansion shall not create new dimensional nonconformities or further increase existing dimensional nonconformities; 8. No expansion of a nonconforming structure or a nonconforming use located outside of a structure existing on the effective date of this Ordinance shall be permitted in the Floodplain Zone; and, 9. Excluding expansion, any modification, alteration, repair, reconstruction or improvement of any kind to a nonconforming use or structure located in the Floodplain Zone shall be permitted when either elevated above the base flood elevation or floodproofed. In no case, shall any modification, alteration, repair, reconstruction or improvement cause unacceptable increases in flood height, velocities or frequencies; and, 503.2. Any dimensional nonconformity may be reduced by permitted use. No extension or enlargement of a dimensional nonconformity shall be permitted. SECTION 504 SUBSTITUTION OR REPLACEMENT Any nonconforming use may be replaced or substituted by another nonconforming use by special exception, if the Zoning Hearing Board determines that the proposed use is at least equally compatible with the surrounding area, as the original nonconforming use. In addition, the proposed nonconforming use shall not increase any dimensional nonconformities. The Zoning Hearing Board may attach reasonable conditions to the special exception to keep the use compatible within its surroundings. Silver Spring Township Zoning Ordinance -214- 1 Article 5 Nonconformities SECTION 505 RESTORATION Any lawful nonconforming building or other structure which has been involuntarily damaged or destroyed by fire, explosion, windstorm, or other similar active cause may be reconstructed in the same location, provided that: 505.1. The reconstructed building or structure shall not exceed the height, area, or volume of the damaged or destroyed building or structure and such reconstructed building or structure shall not increase any dimensional nonconformities; and, 505.2. Reconstruction shall begin within one (1) year from the date of damage or destruction and shall be carried on without interruption. SECTION 506 PREVIOUSLY EXPANDED NONCONFORMING USES AND STRUCTURES It is the express intent and purpose of this Ordinance that if a building, structure, sign or land was expanded or extended to the limits of expansion for a nonconforming building, structure, sign, or use of land as authorized by a prior zoning regulation or ordinance, no further expansion of said building, structure, sign, or land shall be authorized. In the event a nonconforming building, structure, sign, or use of land was expanded to a portion of the limits of expansion authorized by a prior zoning regulation or ordinance, additional expansion if permitted by this Ordinance, shall only be authorized to the amount of expansion not previously utilized pursuant to said prior zoning regulation or ordinance. SECTION 507 NONCONFORMING LOTS Subject to the provisions of Section 508(4) of the Act, the following shall apply: 507.1. In any zone in which single-family detached dwellings are permitted, a single-family detached dwelling may be erected on any single lot, as defined in this Ordinance, existing in single and separate ownership on the effective date of this Ordinance, notwithstanding limitations imposed by other provisions of this Ordinance. This provision shall apply even though such lot fails to meet all of the lot area and lot width requirements of the zone in which the lot is located. All setback and lot coverage requirements shall be met. 507.2. If a lot consists of two or more lots of record or combinations of lots or portions of lots of record held in single and separate ownership on the effective date of this Ordinance, such lots of record shall not be separately transferred or developed, unless the lot so transferred or developed (whether consisting of one or more lots of record) and the lot retained by the transferor (whether consisting of one or more lots of record) shall meet all requirements of the zone in which the lot or lots are located. It is the intention of this provision that no portion of any lot consisting of two or more lots of record shall be used or sold in a manner which does not comply with all requirements established by Article 5 Nonconformities -215- Silver Spring Township Zoning Ordinance ow I this Ordinance or which shall result in the creation of a lot with a lot width, lot area or yard setback below the minimum requirements or with lot coverage in excess of the maximum requirements stated in this Ordinance. r 1 f I 1 1 1 Silver Spring Township Zoning Ordinance -216- Article 5 Nonconformities ARTICLE 6 ZONING HEARING BOARD SECTION 600 ESTABLISHMENT AND MEMBERSHIP When used hereafter in this Article, the word "Board" shall mean the Zoning Hearing Board. There shall be a Zoning Hearing Board which shall consist of three (3) members who shall be appointed by resolution by the Board of Supervisors. The membership of the Board shall consist of residents of the Township. Their terms of office shall be three (3) years and shall be so fixed that the term of office of one member shall expire each year. The Board shall promptly notify the Board of Supervisors of any vacancies which occur. Appointments to fill vacancies shall be only for the unexpired portion of the term. Members of the Board shall hold no other office in the Township. Any member of the Board may be removed for malfeasance, mis- feasance, or nonfeasance in office or for other just cause by a majority vote of the Board of Supervisors taken after the member has received fifteen (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. The Board of Supervisors may appoint by resolution at least one (1) but no more than three (3) .? residents of the municipality to serve as alternate members of the Board. The term of office of an alternate member shall be three (3) years. When seated pursuant to the provisions of Section 601, 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 Ordinance and as otherwise provided by law. Alternates shall hold no other office in the municipality, 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 nor be compensated pursuant to Section 602, unless designated as a voting alternate member pursuant to Section 601 of this Ordinance. SECTION 601 ORGANIZATION OF BOARD The 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, a quorum shall be not less than a majority of all members of the Board, but the 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 Board as provided in Section 603. 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. The Board may make, alter, and rescind rules and forms for its procedure, ` Article 6 Zoning Hearing Board -217- Silver Spring Township Zoning Ordinance 0 I consistent with Ordinances of the Township and laws of the Commonwealth. The Board shall keep full public records of its business, which records shall be the property of the Township, and shall submit a report of its activities to the Board of Supervisors upon request. SECTION 602 EXPENDITURES FOR SERVICES Within the limits of funds appropriated by the Board of Supervisors, the Board may employ or contract for secretaries, clerks, legal counsel, consultants and other technical and clerical services. Members of the Board may receive compensation for the performance of their duties, may be fixed by the Board of Supervisors. Alternate members of the Board may receive compensation, as may be fixed by the Board of Supervisors, for the performance of their duties when designated as alternate members pursuant to Section 601, but in no case shall such compensation exceed the rate of compensation authorized to be paid to the members by the Board of Supervisors. SECTION 603 HEARINGS as t 1 i 1 1 4 603.1. The Board shall conduct hearings and make decisions in accordance with the following requirements: 1. Public notice (as defined herein) shall be provided. In addition, the Zoning Hearing Board shall notify by mail the Zoning Officer, Township Secretary, each member of the Board of Supervisors, Secretary of the Township Planning Commission, and every other person or organization who shall have registered with the Zoning Hearing Board for the purposes of receiving such notices. Such mailed notices shall state the location of the site and the nature of the request. It shall also state the time, date, and location of the proposed hearing. In addition to the written notice provided herein, written notice of said hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing; 2. The Board of Supervisors 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; 3. The hearing shall be held within sixty (60) days from the date of the applicant's request, unless the applicant has agreed in writing to an extension of time; 1 t 603.2. The hearings shall be conducted by the Board or the Board may appoint any member as a hearing officer. The decision, or, where no decision is called for, the findings shall be made by the Board; however, the appellant or the applicant, as the case may be, in Silver Spring Township Zcning Ordinance -218- Article 6 Zoning Hearing Board addition to the municipality, may, prior to the decision of the hearing, waive decision or findings by the Board and accept the decision or findings of the hearing officer as final; 603.3. The parties to the hearing shall be the Township, any person affected by the application who has made timely appearance of record before the Board, and any other person including civic or community organizations permitted to appear by the Board. The Board shall have 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; 603.4. 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; -- 603.5. The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse -- witnesses on all relevant issues; 603.6. Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded; 603.7. The Board or the hearing officer, as the case may be, shall keep a stenographic record of the proceedings. 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 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; 603.8. 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 hearings with any party or his representative unless all parties are given an opportunity to be present; 603.9. 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 forty- five (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 therefore. Conclusions based on any provisions of the Act or of this Ordinance, rule or regulation shall contain a reference to the provision relied on and the 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 forty- Article 6 Zoning Hearing Board -219- Silver Spring Township Zoning Ordinance we five (45) days and the parties shall be entitled to make written representations thereon to ' the Board prior to final decision or entry of findings, and the Board's decision shall be entered no later than thirty (30) days after the report of the hearing officer. Where the Board fails to render the decision within the period required by this subsection, or fails ' to hold the required hearing within sixty (60) days from the date of the applicant's request for hearing, 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. When a decision has been rendered in favor of the applicant because of the failure of the Board to meet or render a decision as hereinabove provided, the Board shall give public notice of said decision within ten days from the last day it could have ' met to render a decision in the same manner as provided in Section 603.1 of this Ordinance. If the Board shall fail to provide such notice, the applicant may do so. t Nothing in this subsection shall prejudice the right of any party opposing the application to a eal the decision to a court of t t i di ti pp compe en jur s c on; 603.10. 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 name and address 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; and, 603.11. Effect of Board's Decision: 1. If the variance or special exception is granted or the issuance of a permit is approved, or other action by the appellant is authorized, the necessary permit shall be secured and the authorized action begun within two (2) years after the date when the variance or special exception is finally granted, or the issuance of a permit is finally approved, or the other action by the appellant is authorized, and the building or alteration, as the case may be, shall be completed within three (3) years of said date. For good cause, the Board may at any time, upon application in writing, extend either of these deadlines; 2. Should the appellant or applicant fail to obtain the necessary permits within said two (2) year period, or having obtained the permit, should he fail to commence work thereunder within such two (2) year period, it shall be conclusively presumed that the appellant or applicant has waived, withdrawn, or abandoned his appeal or his application, and all provisions, variances and permits granted to him shall be deemed automatically rescinded by the Board; 3. Should the appellant or applicant commence construction or alteration within said two (2) year period, but should he fail to complete such construction or alteration within said three (3) year period, the Board may, upon ten (10) days' notice in writing, rescind or revoke the granted variance or special exception, or the issuance of the permit, or permits, or the other action authorized to the appellant or applicant, if the Board finds that no good cause appears for the failure to complete within such three (3) year period, and if the Board further finds that conditions have so altered or changed in the interval since the granting of the Silver Spring Township Zoning Ordinance -220- Article 6 Zoning Hearing Board variance, permit or action, that revocation or rescission of the action is justified; and, 4. As an alternative to the preceding, an applicant can request, as part of the original application before the Board, the granting of a timetable associated with the request which would supersede the deadlines imposed in Sections 603.11.1.-3. In so doing, the applicant must demonstrate that the times requested are logically related to normal and expected progress of the project. In approving a timetable under this section, the Board must establish and bind a definite time-frame for (1) issuance of a zoning permit, and (2) completion of construction of the project. SECTION 604 BOARD'S FUNCTIONS The Zoning Hearing Board shall have the exclusive jurisdiction to hear and render decisions in the following matters: 604.1. Substantive Challenges to the Validity of the Zoning Ordinance, except those brought before the Board of Supervisors pursuant to Section 703.6. of this Ordinance. 1. 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 Zoning Map; C. The suitability of the site for the intensity of use proposed by the site's soils, slopes, woodland, wetlands, floodplains, aquifers, natural resources and other natural features; D. The impact of the proposed use on the site's soils, slopes, woodlands, wetlands, floodplains, 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; Article 6 Zoning Hearing Board -221- Silver Spring Township Zoning Ordinance Am 2. Public notice of the hearing shall be provided as specified in Section 703.2.2. of ' this Ordinance; 3. The Zoning Hearing Board shall commence its hearings within sixty (60) days ' after the request is filed unless the landowner requests or consents to an extension of time; and, ' 4. The Zoning Hearing Board, shall render its decision within forty-five (45) days after the conclusion of the last hearing. If the Board fails to act on the landowner's request within this time limit a denial of the request is deemed to have occurred on the 46th day after the close of the last hearing; 604.2. Challenges to the Validity of the Zoning Ordinance, raising procedural questions or ' alleged defects in the process of enactment or adoption which challenges shall be raised by an appeal taken within thirty (30) days after the effective date of the Ordinance; ' 604.3. Special Exceptions, as provided for in this Ordinance and subject to all applicable requirements, including, but not limited to: ' 1. Filing Requirements - In addition to the required zoning permit information (See Section 701) each special exception application shall include the ' following: A. Ground floor plans and elevations of proposed structures; B. Names and address of adjoining property owners including properties directly across a public right-of-way; C. A scaled drawing (site plan) of the site with sufficient detail and accuracy to demonstrate compliance with all applicable provisions of this Ordinance; and, D. A written description of the proposed use in sufficient detail to demonstrate compliance with all applicable provisions of this Ordinance; 2. General Criteria - Each applicant must demonstrate compliance with the following: A. The proposed use shall be consistent with the purpose and intent of the Zoning Ordinance; B. The proposed use shall not detract from the use and enjoyment of adjoining or nearby properties; C. The proposed use will not substantially change the character of the subject property's neighborhood; Silver Spring Township Zcning Ordinance -222- ' Article 6 Zoning Hearing Board D. Adequate public facilities are available to serve the proposed use (e.g., schools, fire, police and ambulance protection, sewer, water and other utilities, vehicular access, etc.); E. For development within the Floodplain Zone, that the application complies with those requirements listed in Section 231 of this Ordinance; F. The proposed use shall comply with those criteria specifically listed in Article 4 of this Ordinance. In addition, the proposed use must comply with all other applicable regulations contained in this Ordinance; and, G. The proposed use will not substantially impair the integrity of the Township's Comprehensive Plan; 3. Conditions - The Zoning Hearing Board in approving special exception applications, may attach conditions considered necessary to protect the public welfare and the purposes listed above, including conditions which are more - restrictive than those established for other uses in the same zone. These conditions shall be enforceable by the Zoning Officer and failure to comply with such conditions shall constitute a violation of this Ordinance and be subject to the penalties described in Article 7; and, 4. Site Plan Approval - Any site plan presented in support of the special exception pursuant to Section 604.3.1. shall become an official part of the record for said special exception. Approval of any special exception will also bind the use in accordance with the submitted site plan; therefore, should a change in the site plan be required as part of the approval of the use, the applicant shall revise the site plan prior to the issuance of a zoning permit. Any subsequent change to the use on the subject property not reflected on the originally approved site plan, shall require the obtainment of another special exception approval; 604.4. Variances - The Board shall hear requests for variances where it is alleged that the provisions of this Ordinance inflict unnecessary hardship upon the applicant. The Board may, by rule, prescribe the form of application to the Zoning Officer. The Board may grant a variance, provided that all of 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 Ordinance in the neighborhood or zone 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 Ordinance and that the authorization of a variance is therefore necessary to enable reasonable use of the property; Article 6 Zoning Hearing Board -223- Silver Spring Township Zoning Ordinance 3. That such unnecessary hardship has not been created by the appellant; 4. That the variance, if authorized, will not alter the essential character of the zone or neighborhood in which the property is located, nor substantially or permanently ' impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare; 5. That the variance, if authorized, will represent the minimum variance that will ' afford relief and will represent the least modification possible of the regulations in issue; ' 6. That variances within the Floodplain Zone shall comply with Section 231 of this Ordinance; 7. In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this Ordinance. These conditions shall be enforceable by the Zoning Officer and failure to comply ' with such conditions shall constitute a violation of this Ordinance and subject to the penalties described in Article 7; ' 8. Filing Requirements - In addition to the required zoning permit information (see Section 701), each variance application shall include thirteen (13) copies of the ' following: A. Ground floor plans and elevations of existing and/or proposed structures; ' B. Names and addresses of adjoining property owners, including properties directly across a public right-of-way; II' ' C. A scaled drawing (site plan) of the site with sufficient detail and accuracy to demonstrate compliance with all applicable provisions of this Ordinance; and, D. A written description of the proposed use in sufficient detail to demonstrate compliance with all applicable provisions of this Ordinance; ' 9. Conditions - The Zoning Hearing Board in approving variance applications, may Y attach conditions considered necessary to protect the public welfare and the purposes listed above, including conditions which are more restrictive than those established for other uses in the same zone. These conditions shall be enforceable ' by the Zoning Officer and failure to comply with such conditions shall constitute a violation of this Ordinance and be subject to the penalties described in Article 7; and, 10. Site Plan Approval- Any site plan presented in support of a variance shall become an official part of the record for said variance. Approval of any variance will also ' bind the use in accordance with the submitted site plan; 604.5. 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 therefore, the Silver Spring Township Zoning Ordinance -224- Article 6 Zoning Hearing Board issuance of any cease and desist order or the registration or refusal to register any nonconforming use, structure or lot; 604.6. Appeals from a determination by a municipal engineer or the Zoning Officer with reference to the administration of any provisions contained within the Floodplain Zone; 604.7. Appeals from the determination of any officer or agency charged with the administration of any transfers of development rights or performance density provisions of the Zoning Ordinance; 604.8. Appeals from the Zoning Officer's determination under Section 916.2 (and any subsequent amendments) of the Act; and, 604.9. Appeals from the determination of the Zoning Officer or municipal engineer in the administration of any land use Ordinance with reference to sedimentation and erosion control, and/or storm water management for applications not involving a subdivision/land development, nor a planned residential development as regulated in Articles V and VII of the Act, respectively. SECTION 605 PARTIES APPELLANT BEFORE THE BOARD Appeals under Sections 604.5., 604.6., 604.7., 604.8. and 604.9. and proceedings to challenge this Ordinance under Sections 604.1. and 604.2. may be filed with the Board in writing by the landowner affected, any officer or agency of the Township, or any person aggrieved. Requests for a variance under Section 604.4. and for special exception under Section 604.3. may be filed with the Board by any landowner or any tenant with the permission of such landowner. Any appeal shall state: 605.1. The name and address of the appellant and applicant; 605.2. The name and address of the landowner of the real estate to be affected; 605.3. A brief description and location of the real estate to be affected by such proposed change together with a plot plan drawn to scale with sufficient clarity to show the nature and character of the request; 605.4. A statement of the present zoning classification of the real estate in question, the improvements thereon, and the present use thereof, and, 605.5. A statement of the section of this Ordinance under which the request may be allowed, and reasons why it should, or should not be granted. SECTION 606 TIME LIMITATIONS Article 6 Zoning Hearing Board -225- Silver Spring Township Zoning Ordinance am hI 1 0 No person shall be allowed to file any proceeding with the Board later than thirty (30) days after an application for development, preliminary or final, has been approved by the Zoning Officer or the agency responsible for granting such approval 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 or 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. The failure of anyone other than the landowner to appeal from an adverse decision by the Zoning Officer on a challenge to the validity of this Ordinance or the Official Zoning Map pursuant to Section 916.2. of the Act, as amended, shall preclude an appeal from a final approval except in the case where the final submission substantially deviates from the approved tentative preliminary approval. SECTION 607 STAY OF PROCEEDING Upon filing of any proceeding referred to in Section 605 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. After the petition is presented, the court shall hold a hearing to determine if the filing of the appeal is frivolous. At the hearing evidence may be presented on, the merits of the case. It shall be the burden of the applicant for a bond to prove the appeal is frivolous. After consideration of all evidence presented, if the court determines that the appeal is frivolous it shall grant the petition for a bond. The right to petition the court to order the appellants to post bond may be waived by the appellee but such waiver may be revoked by him if an appeal is taken from a final decision of the court. 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. An order denying a petition for bond shall be interlocutory. An order directing the responding party to post a bond shall be interlocutory. ' 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 the court below to post a bond, the respondent to the petition for a bond, upon motion of ' petitioner and after hearing in the court having jurisdiction of zoning appeals, shall be liall reasonable costs, expenses, and attorney fees incurred by the petitioner. SECTION 608 APPEAL Silver Spring Township Zoning Ordinance -226- Article 6 Zoning He order of the able for aring Board Any person, taxpayer, or the Township aggrieved by any decision of the Board may within thirty (30) days after such decision of the Board seek review by the Court of Common Pleas of such decision in the manner provided by the laws of the Commonwealth of Pennsylvania and Article X-A of the Act as amended. Article 6 Zoning Hearing Board -227- Silver Spring Township Zoning Ordinance ow ARTICLE 7 ADMINISTRATION L1! H 1 1 H SECTION 700 ADMINISTRATION AND ENFORCEMENT 700.1. Administration: Zoning Officer - The provisions of this Ordinance shall be enforced by an agent, to be appointed by the Board of Supervisors, who shall be known as the Zoning Officer. The Zoning Officer shall be appointed at the first meeting of the Board of Supervisors in January to serve until the first day of January next following, and shall thereafter be appointed annually to serve for a term of one (1) year and/or until his successor is appointed. The Zoning Officer may succeed himself. He/she shall receive such fees or compensation as the Board of Supervisors may, by resolution, provide. The Zoning Officer shall not hold any elective office within the Township. The Zoning Officer may designate an employee of the Township as his Assistant, subject to the approval of the Board of Supervisors, who shall exercise all the powers of the Zoning Officer during the temporary absence or disability of the Zoning Officer. 2. Duties - The duties of the Zoning Officer shall be: A. To receive, examine and process all applications and permits as provided by the terms of this Ordinance. The Zoning Officer shall also issue zoning permits for special exception and conditional uses, or for variances after the same have been approved; B. To record and file all applications for zoning permits or certificates of use and occupancy, and accompanying plans and documents, and keep them for public record; ' C. To inspect properties to determine compliance with all provisions of this Ordinance as well as conditions attached to the approval of variances, special exceptions, conditional uses and curative amendments; D. To inspect nonconforming uses, structures, and lots and to keep a filed record of such nonconforming uses and structures, together with the reasons why the Zoning Officer identified them as nonconformities, as a public record and to examine them periodically, with the view of eliminating the nonconforming uses under the existing laws and regulations; E. Upon the request of the Board of Supervisors or the Zoning Hearing Board, present to such bodies facts, records, and any similar information on specific requests, to assist such bodies in reaching their decisions; Silver Spring Township Zoning Ordinance -228- Article 7 Administration F. To be responsible for keeping this Ordinance and the Official Zoning Map up to date, including any amendments thereto; G. Upon the approval by the Zoning Hearing Board of a special exception, or upon the approval of a conditional use by the Board of Supervisors for development located within the Floodplain Zone, written notice of the approval shall be sent by registered mail from the Zoning Officer to the Pennsylvania Department of Community and Economic Development; H. To remain eligible for the National Flood Insurance Program, the Zoning Officer shall submit a biannual report to the Federal Insurance Administration concerning the status of the Program in the Township (the report form shall be provided by the Federal Insurance Administration); 1. To render a preliminary opinion regarding a proposed land use in accordance with Section 916.2. of the Act; and, J. To revoke a permit or approval issued under the provisions of this Ordinance in case of any false statement or misrepresentation of fact in the application or on the plans on which the permit or approval was based or for any other cause set forth in the Zoning Ordinance, or otherwise permitted by law; 700.2. Enforcement - This Ordinance shall be enforced by the Zoning Officer of the Township. No zoning permit or certificate of use and occupancy shall be granted by him/her for any purpose except in compliance with the literal, provisions of this Ordinance. The Zoning Officer may be authorized to institute civil enforcement proceedings as a means of enforcement when acting within his/her scope of employment; 700.3. Violations - Failure to secure a zoning permit prior to a change in use of land or structure, or the erection, construction or alteration of any structure or portion thereof, shall be a violation of this Ordinance. It shall also be a violation of this Ordinance to undertake other deliberates actions which are contrary to the terms of the Ordinance and any conditions placed upon the approval of special exceptions, variances, and conditional uses. Each day that a violation is continued shall constitute a separate offense. If it appears to the Township that a violation of this Zoning Ordinance enacted under the Act or prior enabling laws has occurred, the Township shall initiate enforcement proceedings by sending an enforcement notice as provided in the following: 1. The enforcement notice shall be sent to the owner of record of the parcel on which the violation has occurred, to any person who has filed a written request to receive enforcement notices regarding that parcel, and to any other person requested in writing by the owner of record; 2. An enforcement notice shall state at least the following: Article 7 Administration -229- Silver Spring Township Zoning Ordinance 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 the Ordinance; ' 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 the Ordinance; and, 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; ' 700.4. Enforcement Remedies - Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this Zoning Ordinance enacted under the Act or prior enables laws shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than five hundred dollars ($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 be 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 the Ordinance to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the ' determination of a violation by the district justice and thereafter each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorney fees collected for the violation of the Zoning Ordinance shall be ' paid over to the Township; 700.5. Causes of Action - In case any building, structure landscaping or land is, or is proposed to be, erected, constructed, reconstructed, altered, repaired, converted, maintained, or used in violation of this Ordinance enacted under the Act or prior enabling laws, the ' governing body or, with the approval of the governing body, an officer of the municipality, or any aggrieved owner or tenant of real property who shows that his property or person will be substantially affected by the alleged violation, in addition to other remedies, may institute any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure, landscaping or land, or to prevent, in or about such premises, any act, conduct, business or use constituting a violation. When any such ' action is instituted by a landowner or tenant, notice of that action shall be served upon Silver Spring Township Zoning Ordinance -230- Article 7 Administration the municipality at least thirty (30) days prior to the time the action is begun by serving a copy of the complaint on the governing body of the municipality. No such action may be maintained until such notice has been given. SECTION 701 PERMITS 701.1. General Requirements for Zoning Permits: 1. A zoning permit shall be required prior to a change in use of land or structure, or the erection, construction, improvement or alteration of any structure or portion thereof, or the alteration or development of any improved or unimproved real estate, including, but not limited to, mining, dredging, filling, grading, paving, excavation or drilling operations or the erection or alteration of any signs specified in Section 313 of this Ordinance. Zoning permits shall also be required for the construction or installation of animal waste impoundments, lakes, ponds, dams, or other water retention basins. No zoning permit shall be required for repairs or maintenance of any structure or land provided such repairs do not change the use or the exterior dimensions of the structure, or otherwise violate the provisions of this Ordinance; 2. Application for zoning permits shall be made in writing to the Zoning Officer; 3. Such zoning permits shall be granted or refused within ninety (90) days from date of application; 4. No zoning permit shall be issued except in conformity with: A. all applicable regulations of this Ordinance; B. any conditions imposed upon the site by the Zoning Hearing Board or the Board of Supervisors; and, C. any recorded subdivision or land development plan; 5. In all instances in which the Zoning Officer expresses a reasonable doubt as to the ability of a proposed use to meet all of the above-described requirements, it will be incumbent upon the applicant to furnish adequate evidence in support of his application. If such evidence is not presented, the zoning permit will be denied; 6. Application for a permit shall be made by the Owner or Lessee of any building or structure, or the agent of either; provided, however, that if the application is made by a person other than the Owner or Lessee, it shall be accompanied by a written authorization of the Owner or the qualified person making an application, that the proposed work is authorized by this Owner. The full names and addresses of the Owner, Lessee, Applicant, and of the responsible officers, if the Owner or Lessee is a corporate body, shall be stated in the application; 7. The Zoning Officer may call upon other Township Staff and/or Township- _ appointed consultants in the review of submitted materials for applications; Article 7 Administration -231- Silver Spring Township Zoning Ordinance Mw 8. The Zoning Officer may revoke a permit or approval issued under the provisions ' of this Ordinance in case of any false statement or misrepresentation of fact in the application or on the plans on which the permit or approval was based or for any other cause set forth in the Zoning Ordinance; 9. Where a permit is required by this Ordinance, but the work is commenced or the use is commenced or changed prior to obtaining such permit, the fees set by ' ordinance or resolution of the Township Board of Supervisors for such permit shall be doubled. The doubling of the permit fee shall be required to reflect the additional expense incurred by the Township resulting from the need to inspect the property, respond to any complaints, issue any enforcement notices and/or process the application as soon as it is received. The payment of such increased permit fee shall not relieve any person from complying with all requirements of 1 this Ordinance or any other applicable Township ordinances or from any penalties or enforcement actions authorized by this Ordinance or the Act; ' 10. Issuance of Permits - Upon receiving the application, the Zoning Officer shall examine the same within a reasonable time after filing. If the application or plans do not conform to the provisions of all pertinent local laws, he shall reject ' such application in writing, stating the reasons therefore. He shall inform the applicant of his right to appeal to the Zoning Hearing Board in the event such application is rejected. If satisfied that the proposed work and/or use conforms to the provisions of the Zoning Ordinance and all laws and ordinances applicable thereto, and that the certificate of use and occupancy as required herein has been ' applied for, he shall issue a permit therefore as soon as practical but not later than ninety (90) days from receipt of the application; 11. Reconsideration of Application - An applicant whose request for a permit has ' been denied by the Zoning Officer may make a later application for a permit provided all deficiencies which were the basis for the prior denial of the permit ' have been eliminated. The Zoning Officer shall not be required to make a new inspection of the application if this condition is not met; 12. Expiration of Permit - The permit shall expire after one (1) year from the date of issuance; provided, however, that the same may be extended every six (6) months for a period not to exceed an additional two (2) years, upon written request by the r applicant which demonstrates good cause to the Zoning Officer; ' 13. Compliance with Ordinance - The permit shall be a license to proceed with the work and should not be construed as authority to violate, cancel, or set aside any of the provisions of the Zoning Ordinance, except as stipulated by the Zoning ' Hearing Board; 14. Compliance with Permit and Plot Plan - All work or uses shall conform to the approved application and plans for which the permit has been issued as well as the approved plot plan; Silver Spring Township Zoning Ordinance -232- Article 7 Administration 15. Display of Zoning Permit - All approved zoning permits shall be prominently displayed on the subject property during construction, renovation, reconstruction, repair, remodeling or the conduct of other site improvements. Such permit displays shall occur within five (5) days of permit issuance, or prior to the commencement of actual work on the site, whichever occurs first. Such permit display shall be continuous until the site receives its certificate of use and occupancy; and, 16. Temporary Use Permits - It is recognized that it may be in accordance with the purpose of this Ordinance to permit temporary activities for a limited period of time, which activities may be prohibited by other provisions of this Ordinance. If such uses are of such a nature and are so located that, at the time of petition of special exception, they will in no way exert a detrimental effect upon the uses of land and activities normally permitted in the zone. Zoning Hearing Board to authorize the issuance of a temporary use permit for a period not to exceed six (6) months. 701.2. Aonlication for All Zoning Permits: 1. Applications shall contain a general description of the proposed work, development, use or occupancy of all parts of the structure or land and shall be accompanied by plans in duplicate drawn to scale and showing the following: A. Actual dimensions and shape of lot to be developed; B. Exact location and dimensions of any structures to be erected, constructed and altered; C. Existing and proposed uses, including the number of occupied units, businesses, etc., all structures are designed to accommodate; D. Off-street parking and loading spaces; E. Utility systems affected and proposed; F. Alteration or development of any improved or unimproved real estate; - - G. The size of structures and the number of employees anticipated; and, H. Any other lawful information that may be required by the Zoning Officer to determine compliance with this Ordinance; and, 1. Copies of any applicable approved subdivision or land development plans; and, 2. If the proposed development, excavation or construction is located within the -R Floodplain Zone, the following information is specifically required to accompany all applications, as prepared by a licensed professional: Article 7 Administration -233- Silver Spring Township Zoning Ordinance 4W A. The accurate location and elevation of the floodplain and floodway; u B. The elevation, in relation to the National Geodetic Vertical Datum of 1929 (NGVD), of the lowest floor, including basements; C. The elevation, in relation to the NGVD, to which all structures and utilities will be floodproofed or elevated; and, D. Where floodproofing is proposed to be utilized for a particular structure, the zoning permit application shall be accompanied by a document certified by a licensed professional engineer registered by the Commonwealth of Pennsylvania, or a licensed professional architect registered by the Commonwealth of Pennsylvania certifying that the floodproofing methods used meet the provisions of Section 231.9.3.E. of this Ordinance; 701.3. Application for Zoning Permits for Uses in All Commercial and Industrial Zones: A location plan showing the tract to be developed, zone boundaries, adjoining tracts, significant natural features, and streets for a distance of two hundred (200) feet from all tract boundaries; 2. A plot plan of the lot showing the location of all existing and proposed buildings, driveways, parking lots showing access drives, circulation patterns, curb cut accesses, parking stalls access from streets, screening fences and walls, waste disposal fields or other methods of sewage disposal, other construction features on the lot, and the location of all topographical features; ' 3. A description of the operations proposed in sufficient detail to indicate the effects of those operations in producing traffic congestion, noise, glare, air pollution, water pollution, vibration, fire hazards, safety hazards, or the emission of any ' potentially harmful or obnoxious matter or radiation; 4. Evidence that the disposal of materials and wastes will be accomplished in a ' manner that complies with State and Federal regulations. Such evidence shall, at a minimum, include copies of contracts with waste haulers licensed to operate ' within Cumberland County which have been contracted to dispose of the materials used and wastes generated on-site. The zoning permit shall remain valid only so long as such contracts remain in effect and all materials and wastes are properly disposed of on a regular basis. Should the nature of the use change in the future such that the materials used or wastes generated change significantly, either in type or amount, the owner shall so inform the Zoning Officer, and shall provide additional evidence demonstrating continued compliance with the requirements of ' this section; ' 5. Engineering plans for the handling of traffic, noise, glare, air pollution, water pollution, vibration, fire hazards, or safety hazards, smoke, or emission of any potentially harmful or obnoxious matter or radiation; Silver Spring Township Zoning Ordinance -234- Article 7 Administration 1 6. Designation of the manner by which sanitary sewage and storm water shall be disposed and water supply obtained; 7. The proposed number of shifts to be worked and the maximum number of employees on each shift; 8. Where use by more than one firm is anticipated, a list of firms which are likely to be located in the center, their floor area, and estimated number of employees; and, 701.4. Certificate of Use and Occupancy: 1. It shall be unlawful to use and/or occupy any structure, building, sign, and/or land or portion thereof for which a zoning permit is required herein until a certificate of use and occupancy for such structure, building, sign, and/or land or portion thereof has been issued by the Zoning Officer. The application for issuance of a certificate of use and occupancy shall be made at the same time an application for a zoning permit is filed with the Zoning Officer as required herein; - 2. The application for a certificate of use and occupancy shall be in such form as the Zoning Officer may prescribe and may be made on. the same application as it required for a zoning permit; 3. The application shall contain the intended use and/or occupancy of any structure, building, sign, and/or land or portion thereof for which a zoning permit is required herein; 4. The Zoning Officer shall inspect any structure, building, or sign within ten (10) days upon notification that the proposed work that was listed under the permit has been completed and if satisfied that the work is in conformity and compliance with the work listed in the issued permit and all other pertinent laws, he shall issue a certificate of use and occupancy for the intended use listed in the original application; 5. The certificate of use and occupancy or a true copy thereof shall be kept available for official inspection at all times; 6. Upon request of a holder of a zoning permit, the Zoning Officer may issue a temporary certificate of use and occupancy for a structure, building, sign, and/or land, or portion thereof, before the entire work covered by the permit shall have been completed, provided such portion or portions may be used and/or occupied safely prior to full completion of the work without endangering life or public welfare. The Zoning Officer shall also issue a temporary certificate of use and occupancy for such temporary uses as tents, use of land for religious or other public or semi-public purposes and similar temporary use and/or occupancy. Such temporary certificates shall be for the period of time to be determined by the Zoning Officer, however, in no case for a period exceeding six (6) months; Article 7 Administration -235- Silver Spring Township Zoning Ordinance 1 ' 7. A Certificate of Use and Occupancy shall not be issued for structures and buildings located in subdivisions requiring Improvement Guarantees until the structure or building abuts either a roadway which has been accepted by the ' Township for dedication or abuts upon a street which has been paved with a base wearing course; and, 8. In commercial and industrial zones in which operation standards are imposed, no certificate of use and occupancy shall become permanent until thirty (30) days after the facilities are fully operational when, upon a reinspection by the Zoning ' Officer, it is determined that the facilities are in compliance with all operation standards. ' SECTION 702 FEES ' 702.1. Determination - The Board of Supervisors may, by resolution, establish fees for the administration of this Ordinance. All fees shall be determined by a schedule that is made available to the general public. The Board of Supervisors may reevaluate the fee ' schedule and make necessary alterations to it. Such alterations shall not be considered an amendment to this Ordinance and may be adopted at any public meeting of the Board of Supervisors. I SECTION 703 AMENDMENTS 703.1. Power of Amendment - The Board of Supervisors may from time to time, amend, supplement, change or repeal this Ordinance including the Official Zoning Map. Any amendment, supplement, change or repeal may be initiated by the Township Planning Commission, the Board of Supervisors or by a petition to the Board of Supervisors by an interested party; 703.2. Hearing and Enactment Procedures for Zoning Amendments: 1. Public Hearing - Before hearing and enacting Zoning Ordinance and/or Zoning Map amendments, the Board of Supervisors shall conduct a public hearing to inform the general public of the nature of the amendment, and to obtain public comment. Such public hearing shall be conducted after public notice (as defined herein and listed below) has been given. 2. Public Notice - Before conducting a public hearing, the Board of Supervisors shall provide public notice as follows: A. Notice shall be published once each week for two successive weeks in a newspaper of general circulation in the municipality. 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 thirty Silver Spring Township Zoning Ordinance -236- Article 7 Administration (30) days, and the second publication shall not be less than seven days from the date of the hearing. Publication of the proposed amendment shall include either the full text thereof or the title and brief summary, prepared by the municipal solicitor and setting forth all the provisions in reasonable detail. If the full text is not included: ° A copy of the full text shall be supplied to a newspaper of general circulation in the municipality at the time the public notice is published; and, ° An attested copy of the proposed Ordinance shall be filed in the county law library or other county office designated by the county commissioners, who may impose a fee no greater than that necessary to cover the actual costs of storing said Ordinances; B. For Zoning Map amendments, public notice shall also include the posting of a sign at conspicuous locations along the perimeter of the subject property; these sign(s) shall be posted at least one week prior to the hearing and will exhibit the nature, date, time and location of the hearing; C. For curative amendments, public notice shall also indicate that the validity of the Ordinance and/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; and, D. 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 Board of Supervisors shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment; 3. Enactment Notice - In addition to the public notice requirements defined herein, the Board of Supervisors must publish a reference to the time and place of the meeting at which passage of the Ordinance or amendment will be considered, and a reference to a place within the municipality where copies of the proposed Ordinance or amendment may be examined without charge, or obtained for a charge not greater than the cost thereof. Enactment notice shall be published at least once in one newspaper of general circulation in the municipality not more than sixty (60) days nor less than seven (7) days prior to passage. The published content of the enactment notice shall be the same as that required for public notice described in the preceding subsection A.; 4. Township Planning Commission Referrals For amendments proposed by parties other than the Township Planning Commission, the Board of Supervisors shall submit each amendment at least thirty (30) days prior to public hearing to the Township Planning Commission for review and comment. The Township Planning Commission shall submit a report of its review, together with any recommendations, to the Board of Supervisors within forty-five (45) days from the date of said referral. The recommendation of the Township Planning _ Commission may include a specific statement as to whether or not the proposed Article 7 Administration -237- Silver Spring Township Zoning Ordinance 0 amendment is in accordance with the intent of this Ordinance and any officially ' adopted Comprehensive Plan of the Township. The Board of Supervisors cannot act upon the amendment until it has received a recommendation from the Township Planning Commission; however, should the Township Planning ' Commission fail to submit its recommendation within forty-five (45) days, the Board of Supervisors may proceed without its recommendation; ' S. County Planning Commission Referrals - All proposed amendments shall be submitted to the County Planning Commission at least thirty (30) days prior to public hearing on such amendments. The County Planning Commission may submit recommendations to the Board of Supervisors within forty-five (45) days of such referral. The Board of Supervisors cannot act upon the amendment until it has received a recommendation from the County Planning Commission; ' however, should the County Planning Commission fail to submit its recommendation within forty-five (45) days, the Board of Supervisors may proceed without its recommendation; 6. Adjournment of Public Hearing - If during the public hearing process, the Board ' of Supervisors needs additional time to understand the proposal, inform the public, receive public comment, and/or render a decision, it may adjourn the public hearing to a specific time and place; and, 7. Within thirty (30) days after enactment, a copy of the amendment to the zoning ordinance shall be forwarded to the Cumberland County Planning Commission; ' 703.3. Amendments Initiated by the Township Planning Commission - When an amendment, supplement, change or repeal is initiated by the Township Planning Commission, the proposal shall be presented to the Board of Supervisors which shall then proceed in the same manner as with a petition to the Board of Supervisors which has already been reviewed by the Township Planning Commission; ' 703.4. Amendment Initiated b the Board of Supervisors - When an amendment, supplement, change or repeal is initiated by the Board of Supervisors, such amendment, ' supplement, change or repeal shall follow the procedure prescribed for a petition under Section 703.2; 1 703.5. Amendment Initiated by a Petition from an Interested Party - A petition for amendment, supplement, change or repeal for a portion of this Ordinance shall include an accurate legal description and surveyed plan of any land to be rezoned, and all of the reasons supporting the petition to be considered. The petition shall also be signed by at least one record owner of the property in question whose signature shall be notarized ' attesting to the truth and correctness of all the facts and information presented in the petition. A fee to be established by the Board of Supervisors shall be paid upon the filing of such petition for change and for the purpose of defraying the costs of the proceedings prescribed herein. The Board of Supervisors may require duplicate sets of petition materials. The applicant shall submit the names and addresses of adjoining property owners including properties directly across a public right-of-way; Silver Spring Township Zoning Ordinance -238- Article 7 Administration L 703.6. Curative Amendment by a Landowner - A landowner, who desires to challenge on substantive grounds the validity of the Ordinance or the Official Zoning 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 Supervisors (including all of the reasons supporting the request to be considered) with a written request that his challenge and proposed amendment be heard and decided as provided in Sections 609.1. and 916.1. of the Act; as amended. The Board of Supervisors shall commence a hearing thereon within sixty (60) days of the request. The curative amendment shall be referred to the Township and Cumberland County Planning Commissions as provided for in Section 703.2. and public notice of the hearing shall be provided as defined herein. In reviewing the curative amendment, the Board of Supervisors may deny the request, accept the request as submitted, or may adopt an alternative amendment which will cure the challenged defects. The Board of Supervisors shall consider the curative 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, woodland, wetlands, floodplains, aquifers, natural resources and other natural features; D. The impact of the proposed use on the site's soils, slopes, woodlands, wetlands, floodplains, 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; 2. The Board of Supervisors shall render its decision within forty-five (45) days after the conclusion of the last hearing; 3. If the Board of Supervisors fails to act on the landowner's request within the time limits referred to in paragraph (b), a denial of the request is deemed to have occurred on the 46th day after the close of the last hearing; 4. Public notice of the hearing shall include notice that the validity of the Ordinance or Zoning Map is in question and shall give the place where and the Article 7 Administration -239- Silver Spring Township Zoning Ordinance 1 1 i u J L times when a copy of the request including any plans, explanatory material or proposed amendments may be examined by the public; 5. The challenge shall be deemed denied when: A. The Board of Supervisors, fails to commence the hearing within sixty (60) days; B. The Board of Supervisors notifies the landowner that it will not adopt the curative amendment; C. The Board of Supervisors adopts another curative amendment which is unacceptable to the landowner; or D. The Board of Supervisors fails to act on the request forty-five (45) days after the close of the last hearing on the request, unless the time is extended by mutual consent by the landowner and municipality; 6. Where, after the effective date of the Act, a curative amendment proposal is approved by the grant of a curative amendment application by the Board of Supervisors pursuant to this section or a validity challenge is sustained by the Zoning Hearing Board pursuant to Section 604.1., 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 for a subdivision, land development or planned residential development. 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 Section 508 (4) of the Act shall apply; and, 7. 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 zoning 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; 1 703.7. Curative Amendment by the Board of Supervisors: 1. The Board of Supervisors, by formal action, may declare this Ordinance or portions thereof substantively invalid and propose to prepare a curative amendment to Silver Spring Township Zoning Ordinance -240- 1 Article 7 Administration overcome such invalidity. Within thirty (30) days following such declaration and proposal, the Board of Supervisors shall: A. By resolution, make specific findings setting forth the declared invalidity of the Ordinance or portions thereof which may include: a. references to specific uses which are either not permitted or not permitted in sufficient quantity; b. references to a class of use or uses which require revision; or c. references to the entire Ordinance which requires revisions; B. Begin to prepare and consider a curative amendment to the Ordinance to correct the declared invalidity; 2. Within one hundred eighty (180) days from the date of the declaration and proposal, the Board of Supervisors shall enact a curative amendment to validate or reaffirm the validity of, this Ordinance pursuant to the provisions required by Section 609 of the Act in order to cure the declared invalidity of the Ordinance; 3. Upon the date of the declaration and proposal, the Board of Supervisors shall not ... be required to entertain or consider any curative amendment filed by a landowner. Nor shall the Zoning Hearing Board be required to give a report, upon request, for a challenge to the validity of the Ordinance under Section 604.1. 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 the enactment of a curative amendment to, or the - reaffirmation of the validity of this Ordinance, no rights to a cure by amendment or challenge 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 the Board of Supervisors propose to prepare a curative amendment; and, 4. The Board of Supervisors, having utilized the procedures as set forth in this Section, may not again utilize said procedures for a thirty-six (36) month period _ following the date of the enactment of a curative amendment, or reaffirmation of the validity of the Ordinance; provided however, that if after the date of declaration and proposal there is a substantially new duty or obligation imposed upon the Township by virtue of a decision by any Court of competent jurisdiction, the Board of Supervisors may utilize the provisions of this Section to prepare a curative amendment to the Ordinance to fulfill this duty or obligation; and, 703.8. Authentication of Official Zoning May - Whenever there has been a change in the boundary of a zone or a reclassification of the zone adopted in accordance with the above, the change on the Official Zoning Map shall be made, and shall be duly certified Article 7 Administration -241- Silver Spring Township Zoning Ordinance by the Township Secretary and shall thereafter be refiled as part of the permanent ' records of the Township. ' SECTION 704 CONDITIONAL USES 704.1. Filing of Conditional Use - For any use permitted by conditional use, a conditional use must be obtained from the Board of Supervisors. In addition to the information required on the zoning permit application, the conditional use application must show (sixteen (16) copies to be provided): 1. Ground floor plans and elevations of proposed structures for nonresidential ' applications; 2. Names and addresses of adjoining property owners including properties directly across a public right-of-way; 3. A scaled drawing (site plan) of the site with sufficient detail and accuracy to demonstrate compliance with all applicable provisions of this Ordinance; and, 4. A written description of the proposed use in sufficient detail to demonstrate compliance with all applicable provisions of this Ordinance; 704.2. General Criteria - Each applicant must demonstrate compliance with the following: 1. The proposed use shall be consistent with the purpose and intent of the Zoning Ordinance; 2. The proposed use shall not detract from the use and enjoyment of adjoining or nearby properties; 3. The proposed use will not effect a change in the character of the subject property's neighborhood; 4. Adequate public facilities are available to serve the proposed use (e.g. schools, fire, police and ambulance protection, sewer, water, and other utilities, vehicular access, etc.); 5. For development within the Floodplain Zone, that the application complies with those requirements listed in Section 231 of this Ordinance; 6. The proposed use shall comply with those criteria specifically listed in Article 4 of this Ordinance. In addition, the proposed use must comply with all other applicable regulations of this Ordinance; and, 7. The proposed use will not substantially impair the integrity of the Township's Comprehensive Plan; Silver Spring Township Zoning Ordinance -242- Article 7 Administration 1 704.3. Conditions - The Board of Supervisors in approving conditional use applications, may attach conditions, other than those related to off-site transportation and road improvements, considered necessary to protect the public welfare and the purposes listed above, including conditions which are more restrictive than those established for other uses in the same zone. These conditions shall be enforceable by the Zoning Officer and failure to comply with such conditions shall constitute a violation of this Ordinance and be subject to the penalties described in this Article; 704.4. Site Plan Auaroval - Any site plan presented in support of the conditional use pursuant to Section 704.1. shall become an official part of the record for said conditional use. Approval of any conditional use will also bind the use in accordance with the submitted site plan; therefore, should a change in the site plan be required as part of the approval of the use, the applicant shall revise the site plan prior to the issuance of a zoning permit. Any subsequent change to the use on the subject property not reflected on the originally approved site plan, shall require the obtainment of another conditional use approval; 704.5. Hearing Procedures: 1. Before voting on the approval of a conditional use, the Board of Supervisors shall hold a public hearing thereon, pursuant to public notice. The Board of Supervisors shall submit each such application to the Township Planning Commission at least thirty (30) days prior to the hearing on such application to provide the Township Planning Commission an opportunity to submit recommendations. If, after any public hearing held upon an application, the proposed application is revised, the Board of Supervisors shall hold another public hearing, pursuant to public notice, before proceeding to vote on the application; 2. Public notice as defined herein, and written notice shall be given to the applicant, the Zoning Officer, such other persons as the Board of Supervisors 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 provision, by rules of the Board of Supervisors. In addition to the written notice provided herein, written notice of said hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing; 3. The Board of Supervisors may prescribe reasonable fees with respect to hearings. Fees for said hearings may include compensation for the secretary, notice and advertising costs, and necessary administrative overhead connected with the hearing. The costs, however, shall not include legal expenses, expenses for engineering, architectural, or other technical consultants, or expert witness costs; 4. The parties to the hearing shall be the Township, any person affected by the application who has made timely appearance of record before the Board of Supervisors, and any other person, including civic or community organizations permitted to appear by the Board of Supervisors. The Board of Supervisors shall Article 7 Administration -243- Silver Spring Township Zoning Ordinance ww I have power to require that all persons who wish to be considered parties enter appearances in writing on forms provided by the Board of Supervisors for that purpose; 5. The Chairman or Acting Chairman of the Board of Supervisors 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; 6. The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses on all relevant issues; 7. Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded; ' 8. The Board of Supervisors may keep a stenographic record of the proceedings. The appearance fee for a stenographer shall be shared equally by the applicant and the Board of Supervisors. The cost of the original transcript shall be paid by the Board of Supervisors if the transcript is ordered by the Board of Supervisors; or shall be paid by the person appealing the decision of the Board of Supervisors 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; and, ' 9. The Board of Supervisors 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 1 so noticed and shall not inspect the site or its surroundings after the commencement of hearings with any party or his representative unless all parties are given an opportunity to be present. I 10. Each party shall provide thirteen (13) copies of each exhibit presented by the party during the conditional use hearing. 704.6. Time Limitation: 1. If a conditional use is granted, the necessary permit shall be secured and the authorized action begun within two (2) years after the date when the conditional use is finally granted, and the building or alteration, as the case may be, shall be completed within three (3) years of said date. For good cause, the Board of Supervisors may at any time, upon application in writing, extend either of these deadlines; 2. Should the appellant or applicant fail to obtain the necessary permits within said two (2) year period, or having obtained the permit should he fail to commence Silver Spring Township Zoning Ordinance -244- 1 Article 7 Administration work thereunder within such two (2) year period, it shall be conclusively presumed that the appellant or applicant has waived, withdrawn, or abandoned his application, and all approvals and permits granted to him shall be deemed automatically rescinded by the Board of Supervisors; 3. Should the appellant commence construction or alteration within said two (2) year period, but should he fail to complete such construction or alteration within said three (3) year period, the Board of Supervisors may, upon ten (10) days notice in writing, rescind or revoke the granted conditional use, if the Board of Supervisors finds that no good cause appears for the failure to complete within such three (3) year period, and if the Board of Supervisors further finds that conditions have altered or changed in the interval since the granting of the conditional use that revocation or rescission of the action is justified; and, 4. As an alternative to the preceding, an applicant can request, as part of the original application before the Board, the granting of a timetable associated with the request which would supersede the deadlines imposed in Sections 704.6.1.-3. In so doing, the applicant must demonstrate that the times requested are logically related to normal and expected progress of the project. In approving a timetable under this section, the Board must establish and bind a definite time-frame for (1) issuance of a zoning permit, and (2) completion of construction of the project. SECTION 705 SAVINGS PROVISION FOR MATTERS IN PROCESS Plans and applications validly submitted to the Township for approval and any litigation pending under or because of any previously enacted land use or zoning ordinance prior to the effective date hereof shall be governed and evaluated by such prior ordinance, and, for such limited purpose, such previously enacted ordinance or ordinances shall be saved from repeal as hereafter provided. SECTION 706 REPEALS AND INCONSISTENCIES Except as otherwise provided in Section 705, any resolution or ordinance, or part thereof, inconsistent herewith and any amendments thereof are hereby expressly repealed. SECTION 707 EFFECTIVE DATE This Zoning Ordinance shall become effective upon enactment by the Board of Supervisors of Silver Spring Township, County of Cumberland, Commonwealth of Pennsylvania. Article 7 Administration -245- Silver Spring Township Zoning ordinance ,, PRAFCIPE FOR LISTING CASE FOR ARGUMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. SUTLIFF ENTERPRISES, INC., Appellant V. SILVER SPRING TOWNSHIP ZONING HEARING BOARD, Appellee and TOWNSHIP OF SILVER SPRING, Intervenor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-6396 1. State matter to be argued: Appellant's Land Use Appeal 2. Identify counsel who will argue case: (a) for Appellant: Keith O. Brenneman, Esquire 44 W. Main Street, Mechanicsburg, PA 17055 (b) for Appellee: James H. Turner, Esquire 4415 North Front Street, Harrisburg, PA 17110 (c) for Intervenor: Steven A. Stine, Esquire 23 Waverly Drive, Hummelstown, PA 17036 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: January 24, 2007. I l/ Keith O. Brenneman Attorney for Appellant Sutliff Enterprises, Inc. Date: December 4, 2006 Q rn r ? ? 1 7 .: T-, c?T .. SUTLIFF ENTERPRISES, INC., APPELLANT V. SILVER SPRING TOWNSHIP ZONING HEARING BOARD, APPELLEE V. TOWNSHIP OF SILVER SPRING, INTERVENER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-6396 CIVIL TERM IN RE: LAND USE APPEAL BEFORE BAYLEY, J. AND EBERT, J. ORDER OF COURT AND NOW, this I day of March, 2007, the within land use appeal, IS DISMISSED. eith O. Brenneman, Esquire 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055 For Plaintiff ,Xteven A. Stine, Esquire 23 Waverly Drive Hummelstown, PA 17036 For Township of Silver Spring :sal J By the Edgar B. Bayley, J. 1-1 rv ? c? K,? +wJ -?jf??- ? .?i ? " 1 ' ?;fi' _ 1 4f.? C:? ?7 :? ?t ? SUTLIFF ENTERPRISES, INC., APPELLANT V. SILVER SPRING TOWNSHIP ZONING HEARING BOARD, APPELLEE V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TOWNSHIP OF SILVER SPRING, INTERVENER : 06-6396 CIVIL TERM IN RE: LAND USE APPEAL BEFORE BAYLEY, J. AND EBERT, J. OPINION AND ORDER OF COURT Bayley, J., March 1, 2007:-- On July 10, 2006, the zoning officer of Silver Spring Township received the following letter from Sutliff Enterprises, Inc.: I write to you requesting a written determination as to whether the use of portable searchlights on [6462 Carlisle Pike, Mechanicsburg and 6515 Carlisle Pike, Mechanicsburg] would or would not be permissible under the Silver Spring Township Zoning Ordinance. It is proposed that portable searchlights be utilized periodically at both the Sutliff Hummer and Saturn of Carlisle Pike dealership locations in Silver Spring Township. The lights will not be permanently mounted as fixtures on either property. The purpose of the searchlights would be to call attention generally to the business locations and on occasion to specific promotional sales and events. I request that in issuing your determination as to whether the proposed use of searchlights as described above is permissible under the Zoning Ordinance, that your consideration and determination specifically address, but not be limited to, whether or not the use constitutes a "sign" under the Township's Zoning Ordinance. (Emphasis added.) 06-6396 CIVIL TERM On July 13, 2006, the zoning officer responded: In reference to your July 10, 2006 letter requesting a determination regarding portable searchlights being utilized periodically at both Sutliff Hummer and Saturn of Carlisle Pike, in Silver Spring Township. It is my determination that searchlights are not permitted. I have enclosed for your review Section 313 Outdoor Signs, of the Silver Spring Township Zoning Ordinance. (Emphasis added.) Sutliff Enterprises, Inc., filed an appeal of the zoning officer's determination to the Silver Spring Township Zoning Hearing Board. On October 4, 2006, following a hearing, the Board issued a written decision denying the appeal. Defendant then filed a notice of land use appeal in this court. Silver Spring Township intervened. The issues were briefed and argued on January 24, 2007. Our standard of review is whether the Zoning Hearing Board committed an error of law or abused its discretion. Valley View Civic Association v. Zoning Board of Adjustment, 501 Pa. 550 (1983). In the present case, where there are no factual disputes, the issue is whether the Zoning Hearing Board made an error of law in interpreting the Township Zoning Ordinance. A zoning hearing board's interpretation of its own zoning ordinance is entitled to great weight and deference. City of Hope v. Sadsbury Township Zoning Hearing Board, 890 A.2d 1137 (Pa. Commw. 2006). In interpreting the provisions of a zoning ordinance, courts are to give the terms their plain, ordinary meaning with any doubt in favor of the landowner and the least restrictive use of land. Kissell v. Ferguson Township Zoning Hearing Board, 729 A.2d 194 (Pa. Commw. 1999). The portable searchlights in question consist of a towable trailer with four searchlights -2- 06-6396 CIVIL TERM which oscillate in a pattern to illuminate the sky. Article A-1 Section 112 of the Silver Spring Township Zoning Ordinance defines a sign as a "device for visual communication that is used to bring the subject to the attention of the public, but not flags or other insignia of any government, fraternal, or similar organization." (Emphasis added.) The Zoning Hearing Board concluded: 2. The Board finds that portable searchlights used in connection with a commercial enterprise are intended to communicate. The very reason for using the lights is to attract attention and to communicate the message that a special event is taking place at the location where the lights originate. Accordingly, the Board finds that lights are signs. 3. Section 383.2.8 of the ordinance prohibits signs which are rotating or oscillating. The Zoning Officer found, and the Board concurs that the searchlights fall with this prohibition. Further, the same section requires the floodlights or spotlights to be shielded so no light is transmitted to other properties or to public rights-of-way. The very nature of the searchlight is to direct its beam off site. Sutliff argues that beams of light from its searchlights are not a sign because there is no information or subject brought to attention by the light. It maintains that the Zoning Hearing Board committed an error of law by finding that its portable searchlights are a sign prohibited, (1) by Section 313.2.8 of the Ordinance, which provides: "The following are expressly prohibited: A. Animated, sequential, flashing, rotating, or oscillating signs ...," and (2) the section in the Ordinance (actually 313.2.6, not 313.2.8) which provides: Signs may be interior lighted with non-glaring lights, or may be illuminated by floodlights or spotlights that are shielded so there is no direct light transmitted to other properties or public rights-of-way. In In re appeal of Autohaus Lancaster, Inc., 4 Pa.D. & CAth 69 (1989), an automobile dealership, by the use of a crane, placed a Volkswagen on the roof of the business to identify -3- 06-6396 CIVIL TERM it as a Volkswagen dealership. The Township maintained that the vehicle on the roof was a "sign" which otherwise could not be placed there under the Township zoning ordinance. Autohaus contended that the vehicle on its roof was not a sign which the ordinance defined as: "[A]ny identification, description, illustration or device, illuminated or non-illuminated, which is visible from any public place and which directs attention to a product, service, place, activity, person, institution, business or solicitation ...." (Emphasis added.) The Court of Common Pleas of Lancaster County, dismissing an appeal of the dealership from an order directing that it remove the vehicle from its roof, concluded "That the purpose of placing the vehicle on the roof is to identify Autohaus's business as a Volkswagen dealership, and as such, constituted a sign as defined by the township ordinance."' (Emphasis added.) In the present case, as in Autohaus where the issue was whether the purpose of placing the Volkswagen on the roof of the dealership constituted a sign, not whether a Volkswagen itself was a sign, the issue is whether plaintiff's stated purpose of using the portable searchlights at its automobile dealerships to "call attention generally to the business locations and on occasion to specific promotional sales and events," constitutes a sign, not whether the portable searchlight device is itself a sign. Because the use of searchlights, like automobiles, can have different purposes, it is how they are used that determines whether they are a sign. The Silver Spring Township Zoning Hearing Board did not make an error of ' The Commonwealth Court of Pennsylvania at 130 Pa. Commw. 31 (1989), agreed with the analysis in the trial court opinion, and affirmed on the basis of that opinion. -4- 06-6396 CIVIL TERM law when it determined that the unshielded oscillating beams of the portable searchlights that are to be transmitted away from the dealership properties to call attention "generally to the business locations and on occasion to specific promotional sales and events" constitutes a sign because the purpose of the device is for visual communication to be used to bring the automobile dealership to the attention of the public. Such a sign is not allowed under the Township Ordinance. Accordingly, the following order is entered. ORDER OF COURT AND NOW, this WL day of March, 2007, the within land use appeal, IS DISMISSED. By the Edgar 87-- Bayley, Keith O. Brenneman, Esquire 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055 For Plaintiff Steven A. Stine, Esquire 23 Waverly Drive Hummelstown, PA 17036 For Township of Silver Spring :sal -5- SUTLIFF ENTERPRISES, INC., Appellant V. SILVER SPRING TOWNSHIP ZONING HEARING BOARD, Appellee V. TOWNSHIP OF SILVER SPRING, Intervenor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-6396 CIVIL ACTION -LAW LAND USE APPEAL NOTICE OF APPEAL NOTICE is hereby given that Sutliff Enterprises, Inc., appellant above named, hereby appeals to the Commonwealth Court from the Order entered in this matter on March 1, 2007. This Order has been entered in the docket as evidenced by the attached copy of the docket entries. SNELBAKER & BRENNEMAN, P. C. BY: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 Date: March 19, 2007 (717) 697-8528 Attorneys for Sutliff Enterprises, Inc. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. SUTLIFF ENTERPRISES, INC., Appellant V. SILVER SPRING TOWNSHIP ZONING HEARING BOARD, Appellee V. TOWNSHIP OF SILVER SPRING, Intervenor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-6396 CIVIL ACTION -LAW LAND USE APPEAL STATEMENT RE: TRANSCRIPT PURSUANT TO Pa.R.A.P. 904(c) I, Keith O. Brenneman, counsel for the appellant in the above case, hereby certify that there is no verbatim record of the proceedings in the trial court since the Order appealed from arises from an argument in a land use appeal in which no testimony or evidence was adduced. SNELBAKER & BRENNEMAN, P. C. BY: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 Date: March 19, 2007 (717) 697-8528 Attorneys for Sutliff Enterprises, Inc. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. PYS511 Cumberland County Prothonotary's Office Page 1 Civil Case Print 2006-06396 SUTLIFF ENTERPRISES INC (vs) SILVER SPRING TOWNSHIP ZONI NG Reference No..: Filed........: 11/02/2006 Case Type ..... : APPEAL - ZONING Judgment......: 00 Time.........: Execution Date 1:07 0/00/0000 Judge Assigned: BAYLEY EDGAR B Disposed Desc.: Jury Trial.... Disposed Date. t 1 C i 0/00/0000 ------------ Case Comments ------------- .: gher r H Higher Crt 2.: ******************************************************************** ************ General Index Attorney Info SUTLIFF ENTERPRISES INC APPELLANT BRENNEMAN KEITH 0 6515 CARLISLE PIKE MECHANICSBURG PA SILVER SPRING TOWNSHIP APPELLEE ZONING HEARING BOARD 6475 CARLISLE PIKE MECHANICSBURG PA ******************************************************************************** * Date Entries ******************************************************************************** - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - 11/02/2003 NOTICE OF LAND USE APPEAL ------------------------------------------------------------------- 11/17/2006 NOTICE OF INTERVENTION - BY STEVEN A STINE ATTY FOR INTERVENOR ------------------------------------------------------------------- 12/01/2006 RETURN OF WRIT OF CERTIORARI - BY RICK BORTZ-CHAIRMAN ------------------------------------------------------------------- 12/04/2006 PRAECIPE FOR LISTING CASE FOR ARGUMENT - APPELLANT'S LAND USE APPEAL - BY KEITH 0 BRENNEMAN ATTY FOR APPELLANT ------------------------------------------------------------------- 3/01/2007 ORDER OF COURT - 03-01-07 - IN RE: WITHIN LAND USE APPEAL IS DISMISSED - BY EDGAR B BAYLEY J - COPIES MAILED 03-01-07 - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ******************************************************************************** * Escrow Information * Fees & Debits Beq Bal P*ymts/Ad' End Bal ******************************** ******** ****** ******************************* APPEAL ZONING 35.00 35.00 .00 TAX ON APPEAL .50 .50 .00 SETTLEMENT 5.00 5.00 .00 AUTOMATION FEE 5.00 5.00 .00 JCP FEE 10.00 10.00 ------- --- .00 --------- --------------- 55.50 -- 55.50 .00 ******************************************************************************** * End of Case Information ******************************************************************************** SUTLIFF ENTERPRISES, INC., IN THE COURT OF COMMON PLEAS OF Appellant CUMBERLAND COUNTY, PENNSYLVANIA V. SILVER SPRING TOWNSHIP ZONING HEARING BOARD, NO. 2006-6396 Appellee V. CIVIL ACTION -LAW TOWNSHIP OF SILVER SPRING, LAND USE APPEAL Intervenor PROOF OF SERVICE PURSUANT TO Pa.R.A.P. 906(a) I, Keith O. Brenneman, Esquire, do hereby certify that I have served a true and correct I copy of the Notice of Appeal, Certification and docket entries upon the persons and on the date indicated below by first class mail, postage prepaid: James H. Turner, Esquire The Honorable Edgar B. Bayley 4415 North Front Street Cumberland County Courthouse Harrisburg, PA 17110 1 Courthouse Square Attorney for Silver Spring Township Carlisle, PA 17013 Zoning Hearing Board Steven A. Stine, Esquire 23 Waverly Drive Hummelstown, PA 17036 Attorney for Silver Spring Township Taryn N. Dixon, Court Administrator Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 SNELBAKER & BRENNEMAN, P. C. BY: ?h Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Date: March 19, 2007 Attorneys for Appellant Sutliff Enterprises, Inc. LAW OFFICES SNEL13AKER & BRENNEMAN, P.C. ? a Q Cl\ i c" ? Cll\ d, Among the Records and Proceedings enrolled in the court of Common Pleas in and for the county of Cumberland in the Commonwealth of Pennsylvania to No. 2006-6396 Civil Term, 19 is contained the following: COPY OF Appearance DOCKET ENTRY Sutliff Enterprises Inc. 6515 Carlisle Pike Mechanicsburg, PA Appellant vs. Silver Spring Township Zoneing Hearing Board 6475 Carlisle Pike Mechanicsburg, PA Appellee **See certified docket entries** Commonwealth of Pennsylvania County of Cumberland ss: 1, Curtis R. Long , Prothonotary of the Court of Common Pleas in and for said County, do hereby certify that the foregoing is a full, true and correct copy of the whole record of the case therein stated, wherein Si ttl i ff RntP_T=1ri -SeS 133C- Plaintiff, and ?i 1 vey, Spring Township Zon`inq 14f--R-rinq Board Defendant , as the same remains of record before the said Court at No. 2006-6396 of Term Term, A. D. 19 . In TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said Court this 26th day of A. D., 1200 Prothonotary I, Edgar B. Bayley President Judge of the Ninth Judicial District, composed of the County of Cumberland, do certify that Curtis R. Long , by whom the annexed record, certificate and attestation were made and given, and who, in his own proper handwriting, thereunto subscribed his name and affixed the seal of the Court of Common Pleas of said County, was, at the time of so doing, and now is Prothonotary in and for said County of ( wingrl and in the Commonwealth of Pennsylvania, duly commissioned and q ted to Il of whose acts as such full faith and credit are and ought to be given as well in Courts of jud' ature as els ere the said record, certificate and attestation are in due form of law and ma ley the, p per of r. ?? 'k? President Commonwealth of Pennsylvania County of Cumberland ss: 1, Curtis R. Long , Prothonotary bf the Court of Common Pleas in and for the said County, do certify that the Honorable Ed= R- BM1 W by whom the foregoing attestation was made, and who has thereunto subscribed his name, was, at the time of making thereof, and still is President Judge of the Court of Common Pleas, Orphan' Court and Court of Quarter Sessions of the Peace in and for said County, duly Commissioned and qualified; to all whose acts as such full faith and credit are and ought to be given, as well in Courts of judicature as elsewhere. IN TESTIMONY WHEREOF, I have hereunto set myhand and affixed the seal of said Court this ZZ y of March -n - A. D. i?2007 Prothonotary -o 0 Sr 0 0 e S n 3 `D `? 3 ? [? .n ? ,p OD 00 O Ul O yt oil ri isi c a ? d 70 ID) r r d a c r ? .O O ON tn N O N 0 U O ON Lo n a* N tQ d d N tt} ? 1 n ? ? CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (C) To the Prothonotary of the Apellate Court to which the within matter has been appealed: COMMONWEALTH COURT OF PENNSYLVANIA The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by PA R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the proceedings, if any, and the docket entries in the following matter: SUTLIFF ENTERPRISES, INC. VS. SILVER SPRING TOWNSHIP ZONING HEARING BOARD The documents comprising the record have been numbered from No.1 to 196, and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the Appellate Court is 03/26/2007. // A . r--? Cu is R. L o "6ary Regina K. Lebo, Deput An additional copy of this certificate is enclosed. Please sign and date copy, thereby acknowledging receipt of this record. Date Signature & Title PYS511 Cumberland County Prothonotary's Office Page 1 Civil Case Print 2006-06396 SUTLIFF ENTERPRISES INC (vs) SILVER SPRING TOWNSHIP ZONING Reference No... Filed......... 11/02/2006 Case Type...... APPEAL - ZONING Judgment..... 00 Time. ... . 1.07 Execution Date 0/00/0000 Judge Assigned: BAYLEY EDGAR B Disposed Desc.: Jury Trial.... Disposed Date. 0/00/0000 i 1 ------------ Case Comments -------- -- gher Crt .: H Higher Crt 2.. ******************************************************************************** General Index Attorney Info SUTLIFF ENTERPRISES INC APPELLANT BRENNEMAN KEITH 0 6515 CARLISLE PIKE MECHANICSBURG PA SILVER SPRING TOWNSHIP APPELLEE ZONING HEARING BOARD 6475 CARLISLE PIKE MECHANICSBURG PA ******************************************************************************** Date Entries ******************************************************************************** - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - I- 9 111`02/2003 NOTICE OF LAND USE APPEAL ------------------------------------------------------------------- /U -11 11%17/2006 NOTICE OF INTERVENTION - BY STEVEN A STINE ATTY FOR INTERVENOR la-1-71 12/01/2006 RETURN OF WRIT OF CERTIORARI - BY RICK BORTZ-CHAIRMAN ------------------------------------------------------------------- 12/04/2006 PRAECIPE FOR LISTING CASE FOR ARGUMENT - APPELLANT'S LAND USE APPEAL - BY KEITH 0 BRENNEMAN ATTY FOR APPELLANT -------------------------------- /??'- /gam 301/2007 OPINION-AND-ORDER-OF-COURT---03-01-07---IN-RE:-WITHIN-LAND-USE APPEAL IS DISMISSED - BY EDGAR B BAYLEY J - COPIES MAILED 03-01-07 J ------------------------------------------------------------------- /S`n7' ,3/19/2007 NOTICE OF APPEAL TO COMMONWEALTH COURT - BY KEITH 0 BRENNEMAN ATTY FOR PLFF ------------------------------------------------------------------- /y'[,!- 3/21/2007 COMMONWEALTH COURT OF PA NOTICE OF APPEAL DOCKETING #490 CD 2007 ------------------------------------------------------------------- 3/26/2007 NOTICE OF DOCKET ENTRIES MAILED TO KEITH 0 BRENNEMAN ESQ SILVER SPRING TOWNSHIP AND JAMES TURNER ESQ - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ******************************************************************************** * Escrow Infor ation * Fees & Debits Beg Bal P?rmts7Ad. End Bal ******************************** ******** ****** ******************************* APPEAL ZONING 35.00 35.00 .00 TAX ON APPEAL .50 .50 .00 SETTLEMENT 5.00 5.00 .00 AUTOMATION FEE 5.00 5.00 .00 JCP FEE 10.00 10.00 .00 APPEAL HIGH CT 48.00 48.00 .00 ---------- ------------ ------------- 103.50 - 103.50 .00 kak kkiretvFkk***kkirktkkktt'*k****vlrkt*irlr*tk*kk tlrat*tkkt*'ktkakkirtk*Ir*kk*klr*vtett**ktkvlr*?c*Ickk**** * End of Case Information TRUE COPY FROM RECORD In Testimony whereof, I h1re unto set my hand and the seal of said Court at Carlisle, Pa. This ......Q.4...... day of... Prothon tart' Mr. Curtis R. Long Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 0&- G3f4 08/07 --- ------- --- cr1231 I IN THE COMMONWEALTH COURT OF PENNSYLVANIA Sutliff Enterprises, Inc., Appellant V. Silver Spring Township Zoning Hearing Board No. 490 C.D. 2007 Argued: September 5, 2007 BEFORE: HONORABLE DAN PELLEGRINI, Judge HONORABLE ROBERT SIMPSON, Judge HONORABLE JOSEPH F. McCLOSKEY, Senior Judge OPINION BY SENIOR JUDGE McCLOSKEY FILED: October 2, 2007 Sutliff Enterprises, Inc. (Sutliff) appeals from an order of the Court of Common Pleas of Cumberland County (trial court), dismissing Sutliff's land use appeal. Sutliff filed a land use appeal with the trial court following a decision of the Silver Spring Township Zoning Hearing Board (Board) denying its appeal from a determination of the Silver Spring Township Zoning Officer that portable searchlights it intended to use at its car dealerships within the Township constituted prohibited signs under the Township's Zoning Ordinance (Ordinance). We now affirm. Sutliff operates numerous car dealerships throughout the Commonwealth, including at least two within Silver Spring Township (the Township). By letter dated July 10, 2006, Sutliff requested that the Township Zoning Officer issue a written determination as to "whether the use of portable searchlights" at these two dealerships "would or would not be permissible under the... Ordinance." (R.R. at 30a). In this letter, Sutliff noted that the lights would not be permanently mounted and that the purpose of the lights would be to "call attention generally to the business locations and on occasion to specific promotional sales and events." Id. Further, Sutliff specifically requested a determination as to whether or not the use of the searchlights constituted a "sign" under the Ordinance. By letter dated July 13, 2006, the Zoning Officer issued a determination that the searchlights were not permitted. Sutliff thereafter filed an appeal with the Board. The Board conducted a hearing on September 6, 2006, which included limited testimony from John Sutliff and the Township Zoning Officer. Following the hearing, by decision dated October 4, 2006, the Board denied Sutliff s appeal. In its decision, the Board concluded that the portable searchlights, which would be used to attract attention and to communicate a message that a special event is taking place, constituted signs under the Ordinance. The Board also concluded that the portable searchlights were expressly prohibited as "rotating, or oscillating signs" under Section 313.2.8.A of the Ordinance. (R.R. at 44a). Further, the Board concluded that the very nature of the searchlight was to direct its beam off site, which conflicts with Section 313.2.6 of the Ordinance requiring floodlights or spotlights to be "shielded so there is no direct light transmitted to other properties or public rights-of-way." Id. Sutliff proceeded to file a land use appeal with the trial court. However, by opinion and order dated March 1, 2007, the trial court dismissed Sutliff s land use appeal. In its decision, the trial court cited to a decision from the Court of Common Pleas of Lancaster County in In re Appeal of Autohaus Lancaster, Inc., 4 Pa. D. & C. 4th 69 (1989), a case in which a car dealership placed one of its automobiles on the roof of its business. In dismissing 2 the dealership's appeal of an order directing that the vehicle be removed from the roof, the Common Pleas Court in that case concluded that the purpose of placing the vehicle on the roof was to identify the dealership as a Volkswagen dealership and, as such, constituted a sign under the applicable zoning ordinance. In the present case, the trial court indicated that the issue was whether Sutliff 's stated purpose of using the portable searchlights at its dealerships to "call attention generally to the business locations and on occasion to specific promotional sales and events" constituted a sign, not whether the searchlight device itself was a sign. (R.R. at 30a). The trial court thereafter indicated its agreement with the Board that the searchlights herein constituted a prohibited sign under the Ordinance. Sutliff then filed a notice of appeal with the trial court. On appeal,' Sutliff argues that the trial court and the Board erred as a matter of law and/or abused their discretion in finding that the use of portable searchlights constituted a prohibited sign under the Ordinance. We disagree. Section 112.C of the Ordinance defines "SIGN" as "[a] device for visual communication that is used to bring the subject to the attention of the public, but not flags or other insignia of any government, fraternal, or similar organization." (R.R. at 55a). Additionally,, as the Board noted in its opinion, Section 313.2.8.A of the Ordinance expressly prohibits "rotating, or oscillating ' Our scope of review in land use appeals is well established. Where a full and complete record was made before the governing body and the lower court takes no additional evidence, such as the case here, our scope of review is limited to determining whether the governing body committed an error of law or abused its discretion. See Herr v. Lancaster County Planning Commission, 625 A.2d 164 (Pa. Cmwlth. 1993), petition for allowance of appeal denied, 538 Pa. 677, 649 A.2d 677 (1994). A conclusion that the governing body abused its discretion may be reached only if its findings of fact are not supported by substantial evidence. Valley View Civic Association v. Zoning Board of Adjustment, 501 Pa. 550,462 A.2d 637 (1983). 3 signs" and Section 313.2.6 of the Ordinance requires floodlights or spotlights to be "shielded so there is no direct light transmitted to other properties or public rights- of-way." (R.R. at 44a). In its July 10, 2006, letter requesting that the Township Zoning Officer issue a written determination as to the permissibility of the portable searchlights, Sutliff specifically indicated that said searchlights were intended "to call attention generally to the business locations and on occasion to specific promotional sales and events." (R.R. at 30a.). In other words, Sutliff s own stated purpose of the searchlights was to call attention to its car dealerships both generally and during special event times. In addition, during the September 6, 2006, hearing before the Board, Mr. Sutliff indicated that the searchlights do indeed "oscillate." (R.R. at 14a, 16a). In its brief to this Court, Sutliff argues that a beam- of light is not a sign, as it is not a device that can communicate or transmit information. However, Sutliff s argument is without merit and contradicts the very purpose stated in its July 10, 2006, letter to the Township Zoning Officer. Pursuant to the testimony of Mr. Sutliff before the Board, the searchlights in the present case consist of four canister lights mounted to a movable trailer. While Sutliff attempts to direct its argument solely to the beam of light emanating from these searchlights, Sutliff ignores the whole "device" in this case, i.e., the movable trailer with the mounted canisters producing beams of light.' Moreover, we see no otter purpose to the use of these searchlights other than to convey attention to the dealerships and/or 2 Sutliff likewise attempts to divert attention in this -case by indicating that neither the Zoning Officer nor the Board considered the trailer by itself as an impenmible sign. 4 highlight special sales. This purpose was confirmed by Sutliff itself in its July 10, 2006, letter. Thus, we see no error or abuse of discretion on the part of the Board or the trial court in finding that the use of portable searchlights constituted a sign under the Ordinance. Also, as Mr. Sutliff testified that these searchlights oscillate and Section 313.2.8.A of the Ordinance expressly prohibits "oscillating signs," we see no error or abuse of discretion on the part of the Board or the trial court in finding that these searchlights constituted prohibited signs. Accordingly, the order of the trial court is affirmed. JOS 5 IN THE COMMONWEALTH COURT OF PENNSYLVANIA Sutliff Enterprises, Inc., Appellant V. No. 490 C.D. 2007 Silver Spring Township Zoning Hearing Board OR AND NOW, this 2nd' day of October , 2007, the order of the Court of Common Pleas of Cumberland County is hereby affirmed. Certified from the Record OCT 0 2 2007 V77 r ry r 71 " NJ *-< and Order Exit t&b- 9WM. Commonwealth Court of Pennsylvania Michael Kfimmel, Esq. Deputy Prothonotary/Chief Cleric November 27, 2007 Certificate of Remittal/Remand of Record TO: RE: Sutliff Enterprises, Inc. v. Silver Sp. Twp ZHB No.490 CD 2007 Trial Court/Agency Dkt. Number: 2006-6396 Trial Court/Agency Name: Cumberland County Court of Common Pleas Intermediate Appellate Court Number: File Copy Irvis Office Building, Room 624 Harrisbur¢. PA 17120 717-255-1650 Annexed hereto pursuant to Pennsylvania Rules of Appellate Procedure 2571 and 2572 is the entire record for the above matter. Contents of Original Record: Original Record Item Filed Date Description Trial Court Record March 30, 2007 1 Date of Remand of Record: 11/27/2007 ORIGINAL RECIPIENT ONLY - Please acknowledge receipt by signing, dating, and returning the enclosed copy of this certificate to our office. Copy recipients (noted below) need not acknowledge receipt. Signature Printed Name Date /dv C7 IN THE COMMONWEALTH COURT OF PENNSYLVANIA Sutliff Enterprises, Inc., Appellant V. Silver Spring Township Zoning Hearing Board No. 490 C.D. 2007 Argued: September 5, 2007 BEFORE: HONORABLE DAN PELLEGRINI, Judge HONORABLE ROBERT SIMPSON, Judge HONORABLE JOSEPH F. McCLOSKEY, Senior Judge OPINION BY SENIOR JUDGE McCLOSKEY FILED: October 2, 2007 Sutliff Enterprises, Inc. (Sutliff) appeals from an order of the Court of Common Pleas of Cumberland County (trial court), dismissing Sutliff's land use appeal. Sutliff filed a land use appeal with the trial court following a decision of the Silver Spring Township Zoning Hearing Board (Board) denying its appeal from a determination of the Silver Spring Township Zoning Officer that portable searchlights it intended to use at its car dealerships within the Township constituted prohibited signs under the Township's Zoning Ordinance (Ordinance). We now affirm. Sutliff operates numerous car dealerships throughout the Commonwealth, including at least two within Silver Spring Township (the Township). By letter dated July 10, 2006, Sutliff requested that the Township Zoning Officer issue a written determination as to "whether the use of portable searchlights" at these two dealerships "would or would not be permissible under the... Ordinance." (R.R. at 30a). In this letter, Sutliff noted that the lights would not be permanently mounted and that the purpose of the lights would be to "call attention generally to the business locations and on occasion to specific promotional sales and events." Id. Further, Sutliff specifically requested a determination as to whether or not the use of the searchlights constituted a "sign" under the Ordinance. By letter dated July 13, 2006, the Zoning Officer issued a determination that the searchlights were not permitted. Sutliff thereafter filed an appeal with the Board. The Board conducted a hearing on September 6, 2006, which included limited testimony from John Sutliff and the Township Zoning Officer. Following the hearing, by decision dated October 4, 2006, the Board denied Sutliff s appeal. In its decision, the Board concluded that the portable searchlights, which would be used to attract attention and to communicate a message that a special event is taking place, constituted signs under the Ordinance. The Board also concluded that the portable searchlights were expressly prohibited as "rotating, or oscillating signs" under Section 313.2.8.A of the Ordinance. (R.R. at 44a). Further, the Board concluded that the very nature of the searchlight was to direct its beam off site, which conflicts with Section 313.2.6 of the Ordinance requiring floodlights or spotlights to be "shielded so there is no direct light transmitted to other properties or public rights-of-way." Id. Sutliff proceeded to file a land use appeal with the trial court. However, by opinion and order dated March 1, 2007, the trial court dismissed Sutliff's land use appeal. In its decision, the trial court cited to a decision from the Court of Common Pleas of Lancaster County in In re Appeal of Autohaus Lancaster Inc., 4 Pa. D. & C. 0' 69 (1989), a case in which a car dealership placed one of its automobiles on the roof of its business. In dismissing 2 the dealership's appeal of an order directing that the vehicle be removed from the roof, the Common Pleas Court in that case concluded that the purpose of placing the vehicle on the roof was to identify the dealership as a Volkswagen dealership and, as such, constituted a sign under the applicable zoning ordinance. In the present case, the trial court indicated that the issue was whether Sutliff's stated purpose of using the portable searchlights at its dealerships to "call attention generally to the business locations and on occasion to specific promotional sales and events" constituted a sign, not whether the searchlight device itself was a sign. (R.R. at 30a). The trial court thereafter indicated its agreement with the Board that the searchlights herein constituted a prohibited sign under the Ordinance. Sutliff then filed a notice of appeal with the trial court. On appeal,' Sutliff argues that the trial court and the Board erred as a matter of law and/or abused their discretion in finding that the use of portable searchlights constituted a prohibited sign under the Ordinance. We disagree. Section 112.C of the Ordinance defines "SIGN" as "[a] device for visual communication that is used to bring the subject to the attention of the public, but not flags or other insignia of any government, fraternal, or similar organization." (R.R. at 55a). Additionally, as the Board noted in its opinion, Section 313.2.8.A of the Ordinance expressly prohibits "rotating, or oscillating ' Our scope of review in land use appeals is well established. Where a full and complete record was made before the governing body and the lower court takes no additional evidence, such as the case here, our scope of review is limited to determining whether the governing body committed an error of law or abused its discretion. See Herr v. Lancaster County Planning Commission, 625 A.2d 164 (Pa. Cmwlth. 1993), petition for allowance of appeal denied, 538 Pa. 677, 649 A.2d 677 (1994). A conclusion that the governing body abused its discretion may be reached only if its findings of fact are not supported by substantial evidence. Valley View Civic Association v. Zoning Board of Adjustment, 501 Pa. 550, 462 A.2d 637 (1983). 3 A signs" and Section 313.2.6 of the Ordinance requires floodlights or spotlights to be "shielded so there is no direct light transmitted to other properties or public rights- of-way." (F-R. at 44a). In its July 10, 2006, letter requesting that the Township Zoning Officer issue a written determination- as to the permissibility of the portable searchlights, Sutliff specifically indicated that said searchlights were intended "to call attention generally to the business locations and on occasion to specific promotional sales and events." (R.R. at 30a). In other words, Sutliff's own stated purpose of the searchlights was to call attention to its car dealerships both generally and during special event times. In addition, during the September 6, 2006, hearing before the Board, Mr. Sutliff indicated that the searchlights do indeed "oscillate." (R.R. at 14a, 16a). In its brief to this Court, Sutliff argues that a beam of light is not a sign, as it is not a device that can communicate or transmit information. However, Sutliff s argument is without merit and contradicts the very purpose stated in its July 10, 2006, letter to the Township Zoning Officer. Pursuant to the testimony of Mr. Sutliff before the Board, the searchlights in the present case consist of four canister lights mounted to a movable trailer. While Sutliff attempts to direct its argument solely to the beam of light emanating from these searchlights, Sutliff ignores the whole "device" in this case, i.e., the movable trailer with the mounted canisters producing beams of light.' Moreover, we see no other purpose to the use of these searchlights other than to convey attention to the dealerships and/or ' Sutliff likewise attempts to divert attention in this case by indicating that neither the Zoning Officer nor the Board considered the trailer by itself as an impermissible sign. 4 C highlight special sales. This purpose was confirmed by Sutliff itself in its July 10, 2006, letter. Thus, we see no error or abuse of discretion on the part of the Board or the trial court in finding that the use of portable searchlights constituted a sign under the Ordinance. Also, as Mr. Sutliff testified that these searchlights oscillate and Section 313.2.8.A of the Ordinance expressly prohibits "oscillating signs," we see no error or abuse of discretion on the part of the Board or the trial court in finding that these searchlights constituted prohibited signs. Accordingly, the order of the trial court is affirmed. 5 IN THE COMMONWEALTH COURT OF PENNSYLVANIA Sutliff Enterprises, Inc., Appellant V. : No. 490 C.D. 2007 Silver Spring Township Zoning Hearing Board ORDER AND NOW, this 2nd day of October , 2007, the order of the Court of Common Pleas of Cumberland County is hereby affirmed. U • CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (C) To the Prothonotary of the Apellate Court to which the within matter has been appealed: COMMONWEALTH COURT OF PENNSYLVANIA The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by PA R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the proceedings, if any, and the docket entries in the following matter: SUTLIFF ENTERPRISES, INC. VS. SILVER SPRING TOWNSHIP ZONING HEARING BOARD ~_~~~ The documents comprising the record have been numbered from No.l to 196, and • attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the Appellate Court is 03/26/2007 . Cu is R. Lo thono ry Regina K. Lebo, Deputy An additional copy of this certificate is enclosed. Please sign and date copy, thereby acknowledging receipt of this record. Date Signature & Title f Z 60 LIZ ~~ LZ r~ _~ ~_ ~~;•~ :..: .__