Chapter 234 |
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ZONING [HISTORY: Adopted by the Board of Supervisors of the Township of Nockamixon 12-28-1989 by Ord. No. 56. Amendments noted where applicable.] GENERAL REFERENCES Planning Commission -- See Ch. 31. ARTICLE I ~ 234-1. Short title. This chapter shall be known and may be cited as "The Nockamixon Township Zoning Ordinance." ~ 234-2. Title. An ordinance regulating the height, bulk, erection, construction, alteration, razing, removal and size of structures; the percentage of lot which may be occupied; the size of yards, courts and other open spaces; the density and distribution of population; the intensity of use of land or bodies of water for trade, industry, residence, recreation, public activities or other purposes and the uses of land for agriculture, water supply, conservation or other purposes, in all portions of Nockamixon Township. ~ 234-3. Purpose. This chapter is enacted in accordance with Section 601 of the Pennsylvania Municipalities Planning Code (Act 247), as amended, for the following purposes: A. To promote the health, safety, morals and the general welfare of the township. B. To promote, protect and facilitate coordinated community development. C. To lessen congestion on the roads and highways. D. To secure safety from flood, fire, panic and other danger. E. To provide adequate light and air. F. To prevent the overcrowding of land and to avoid undue congestion of population. G. To facilitate the adequate provision of transportation, water supply, sewerage, schools, parks and other public requirements. H. To conserve the value of buildings. I. To encourage the most appropriate use of land throughout the township. J. To provide for the protection and preservation of natural resources and agricultural land and activities within the township. K. To encourage the preservation of the natural, scenic and historic values in the environment and preservation of forests, wetlands, aquifers and floodplains. L. To accommodate reasonable community growth and opportunities for the development of a variety of residential dwelling types and nonresidential uses. ~ 234-4. Community development objectives. This chapter provides a legal basis and framework for future community development and is based on the duly adopted Goals and Objectives as contained in the Comprehensive Plan of Nockamixon Township ~ 234-5. Interpretation. In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of health, safety, morals and general welfare of the township. Where the provisions of this chapter impose greater restrictions than those of any statute, other ordinance or regulation, the provisions of this chapter shall be controlling. Where the provisions of any statute, other ordinance or regulation impose greater restrictions than this chapter, the provisions of such statute, other ordinance or regulation shall be controlling. ~ 234-6. Conflict. It is not intended by this chapter to repeal, abrogate, annul or interfere with any existing ordinance or enactment or with any rule, regulation or permit previously adopted or issued thereunder, except insofar as the same may be inconsistent or in conflict with any of the provisions of this chapter, provided that where this chapter imposes greater restrictions upon the use of buildings or land or upon the height and bulk of buildings or prescribes larger open spaces than are required by the provisions of such ordinance, enactment, rule, regulation or permit, then the provisions of this chapter shall control. ~ 234-7. Applicability. This chapter requires that within the Township of Nockamixon in the County of Bucks and the Commonwealth of Pennsylvania, no land, body of water or structure shall hereafter be used or occupied and no structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered unless in conformity with all the regulations and procedures herein specified. ARTICLE II ~ 234-8. Word usage. A. Unless a contrary intention is clearly evident, the following words and phrases shall have for the purpose of this chapter the meanings given in the following clauses. B. For the purpose of this chapter; words and terms used herein shall be interpreted as follows: (1) Words used in the present tense include the future. (2) The singular includes the plural. (3) The word "person" includes a corporation, partnership and association as well as the individual. (4) The word "lot" includes the word "plot" or "parcel." (5) The term "shall" is mandatory. (6) The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged or designed to be occupied." (7) The word "municipal" or "municipality" means Nockamixon Township. (8) The words "governing body" refer to the Board of Supervisors of Nockamixon Township. (9) The word "Commission" and the words "Planning Commission" always mean the Nockamixon Township Planning Commission. (10) The word "Engineer" means Nockamixon Township Engineer. (11) The word "Board" or the words "Zoning Hearing Board" always mean the Nockamixon Township Zoning Hearing Board. C. Any word or term not defined herein shall be used with a meaning of standard usage. ~ 234-9. Definitions. As used in this chapter, the following terms shall have the meanings indicated: ACCESSORY BUILDING -- A building subordinate to the principal building on a lot, used for purposes customarily incidental to those of the principal building. ACCESSORY USE -- A use customarily incidental and subordinate to the principal use of land or of a building. AGRICULTURE -- The cultivating of soil and the raising and harvesting of products of the soil, including but not limited to nurseries, nursery sales yards, horticulture, forestry and animal husbandry. A. INTENSIVE AGRICULTURE -- A use, farm building, structure or facility designed, constructed and/or operated for the intensive and accelerated raising of poultry, animal or agricultural produce and/or by-products of the same for commercial sale. ALTERATION OF BUILDING -- Any change in supporting members of a building such as bearing walls, columns, beams or girders; any addition to a building; any change in use from one use classification to another; or removal of a building from one location to another. ANTENNA -- A device used to collect or transmit telecommunications or radio signals including, but not limited to, panels, single poles known as "whips," "omnis," microwave dishes and the like. [Added 5-11-1999 by Ord. No. 97] BASEMENT -- A story partly underground, but having 1/2 or more of its height (measured from floor to ceiling) above the average level of the adjoining ground. A basement shall be counted as a story for the purpose of height measurement or determining square footage only if the vertical distance between the ceiling and the average level of the adjoining ground is more than four feet or if used for business or dwelling purposes. BOARDINGHOUSE -- Any dwelling with less than 10 sleeping rooms in which more than three persons either individually or as families are housed or lodged for hire with or without meals. A rooming house or a furnished rooming house shall be deemed a "boardinghouse." BUFFER AREA -- A strip of land adjacent to the boundary of a property or district of a width not less than that designated by this chapter and on which is placed evergreen shrubbery, hedges, evergreens or other suitable plantings of sufficient height and density to constitute an effective screen and give maximum protection and immediate screening to an abutting property or district. BUILDING -- A structure having a roof which is used for the shelter or enclosure of persons, animals or property. The word "building" shall include any part thereof. BUILDING AREA -- The total of areas taken on a horizontal plane of the largest collective perimeter of the principal building and all accessory buildings exclusive of uncovered porches, terraces and steps. BUILDING COVERAGE -- That percentage of the site or lot area covered by the building area. BUILDING HEIGHT -- A vertical distance measured from the elevation of the proposed finished grade to the highest point of the floor for flat roofs, to the deck lines of mansard roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs. Church steeples and silos shall not be subject to the height limitations of this chapter. BUILDING, PRINCIPAL-- A building in which is conducted, or is intended to be conducted, the principal use of the lot on which it is located. BUILDING SETBACK LINE -- The line which establishes the minimum depth of front, side and rear yards. The front setback line is a line parallel to the right-of-way at a distance therefrom equal to the depth of the front yard required for the district in which the lot is located. The side setback line is a line parallel to the side property line at a distance therefrom equal to the depth of the side yard required for the district in which the lot is located. The rear setback line is a line parallel to the front building line at a distance from the rear lot line equal to the depth of the rear yard required for the district in which the lot is located. CARTWAY -- The hard or paved surface portion of any street or that portion of a street customarily used by vehicles in the regular course of travel over the street. CELLAR -- A story partly underground and having more than 1/2 of its height (measured from floor to ceiling) below the average level of the adjoining ground. A cellar shall not be considered in determining the permissible number of stories or square footage. CONDITIONAL USE -- Any use that is permitted subject to additional conditions, as specified in this chapter, beyond those contained in the general provisions of this chapter and the specific provisions of the particular district in which the lot is located and subject to the approval of the Board of Supervisors. CONDOMINIUM: A. A condominium is an ownership arrangement and not a land use, therefore it is allowed in any district and under the same restrictions of the land use that comprises it. B. A condominium is a unit structure which has all of the following characteristics: (1) The unit, the interior and associated exterior areas designated for private use in the development plan, is owned by the occupant or his lessor. (2) The unit may be any permitted type of structure. (3) All or a portion of the exterior open space and any community interior spaces are owned and maintained in accordance with the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. ~ 3101 et seq., and in accordance with the provisions for open space, private roads or other development features in the zoning ordinance and subdivision and land development regulations. DECISION -- Final adjudication of any board or other body granted jurisdiction under this chapter, either by reason of the grant of exclusive jurisdiction or by reason of appeals from determinations. All decisions shall be appealable to the Court of Common Pleas of Bucks County and the judicial district wherein the township lies. DENSITY-- Density is a measure of the number of dwelling units per unit of area. It shall be expressed in dwelling units per acre. DENSITY, GROSS -- The total number of dwelling units divided by the base site area of the tract. DENSITY, NET -- The density on the buildable portion of the site, not including roadways, open space, drainage facilities, recreation areas or other areas committed to uses other than the principal use of the lot. DETERMINATION -- Final action by an officer, body or agency charged with the administration of this chapter or applications thereunder, except the Board of Supervisors and Zoning Hearing Board. Determinations shall be appealable only to the board designated as having jurisdiction for such appeal. DEVELOPMENT -- Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, the placement of mobile homes, streets or other paving, utilities, filling, grading, excavation, mining, dredging or drilling operations and the subdivision of land. DISTRICT -- A zoning district as laid out on the Zoning Map, along with the regulations pertaining thereto. DWELLING -- A building designed for and occupied exclusively for residential purposes containing one or more dwelling units on a single parcel of land, excluding hotel, rooming house, institutional home, guest houses, residential club, motel, motor court and the like. DWELLING UNIT -- Any room or group of rooms located within a residential building and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating by one family. EASEMENT -- A grant of the use of all or part of a parcel of land to the use of the public, a corporation or person, for a specified purpose. FAMILY -- One or more persons related by blood, foster relationship, marriage or adoption and in addition, any domestic servants or gratuitous guests thereof; or a group of not more than six persons who need not be so related and in addition, domestic servants or gratuitous guests thereof, who are living together in a single, nonprofit dwelling unit and maintaining a common household. A roomer, boarder or lodger shall not be considered a member of the family. FLOODPLAIN -- Areas adjoining any streams, ponds or lakes which are subject to a one-hundred-year-recurrence-interval flood as delineated by one of the studies described in Article VII or a study conducted by anyone else expert and experienced in the preparation of hydrological studies and the determination of flood lines. FLOOR AREA -- The sum of the areas of the several floors of the building or structure, including areas used for human occupancy or required for the conduct of the business or use and basements, attics and penthouses, as measured from the exterior faces of the walls. It does not include cellars, unenclosed porches or attics having a height of seven feet six inches or less nor any floor space in the accessory building not in the main building intended or designed for the parking requirements of this chapter, nor any such floor space intended and designed for accessory heating and ventilating equipment. [Amended 11-9-1994 by Ord. No. 79] FLOOR AREA RATIO -- The ratio of the floor area to the lot area, as determined by dividing the floor area by the lot area. FORESTRY OPERATIONS [Added 10-8-1996 by Ord. No. 88]: A. FELLING -- The act of cutting a standing tree so that it falls to the ground. B. FOREST COVER -- A category of forest defined by its species composition and environmental factors. C. FOREST MANAGEMENT PLAN -- A written description with a map of a specific forestry operation prepared before the operation commences, which meets the requirements of ~ 234-17F of this chapter and the provisions herein. D. FORESTER -- A person who is, as a minimum, a graduate of a four-year college or university forestry curriculum accredited by the Society of American Foresters. E. FOREST TECHNICIAN -- A person who is, as a minimum, a graduate of a two-year forest technician program accredited by the Society of American Foresters. F. FOREST PLAN PREPARER -- A person who has a minimum of four years experience in the field of forestry including the preparation of forestry plans. G. FORESTRY -- The managing and using for human benefit forest lands and natural resources that occur on and in association with forest lands. It includes, but is not limited to, the planting, cultivating, harvesting, transporting and selling of trees for commercial purposes. H. HAUL ROAD -- A road used to move forest products from the log landing to a public roadway. I. INTERMITTENT STREAM -- A stream whose water flow normally occurs in the wetter parts of the year (October through April) or following major storm events. J. LANDING -- A place where logs are assembled for transportation in loads. K. LOPPING -- To cut tops and slash into smaller pieces to allow material to settle close to the ground. L. OPERATOR -- The individual, partnership, company, firm, association or corporation engaged in the harvest of timber including his agents or subcontractors or employees. M. OWNER -- The individual, partnership, company, firm, association or corporation which holds title to standing timber and to the land on which it is situated, including his agents or subcontractor or employees. N. PERENNIAL STREAM -- A stream whose water flow normally occurs year-round. O. PERMIT -- Written permission, warrant or license granted by a governmental authority. P. SKID ROAD -- Main route for skidding logs from woods to the landing. Q. SKID TRAIL -- A temporary trail used for skidding logs from the site of felling to the main skid road. S. SKIDDING -- Dragging trees on the ground, by any means, from the stump to the landing. T. SLASH -- Debris left after logging, including logs, chunks, bark, branches, stumps and broken understory trees or brush. U. SNAGS -- A standing dead tree without branches or the standing portion of a broken off tree. Snags may provide feeding and/or nesting sites for wildlife. V. STAND -- A grouping of trees of sufficiently uniform species composition, age and condition to be distinguished from surrounding stands and managed as a single unit. W. STAND PRESCRIPTION -- The type of forest management treatment if any, to be applied to a particular stand to achieve the stated management objectives. The stand prescription should include, but not be limited to, detailed instructions on how that treatment is to be carried out on the ground, the desired residual stand and details on any other treatments to be applied. X. STAND REGENERATION TREATMENT -- A selection, shelterwood, seed tree or clear-cut that is designed to replace the existing stand with a new stand of young trees. Y. STREAM -- Any channel of conveyance of surface water having a defined bed and banks, whether natural or artificial, with perennial or intermittent flow. Z. TOPS -- The upper portion of a felled tree not merchantable because of small size, taper or defect. AA. WILDLIFE HABITAT -- The native environment of an animal ideally providing all elements required for life and growth: food, water, cover and space. HAZARDOUS WASTE -- Solid waste that is especially harmful or potentially harmful to public health as defined in the Pennsylvania Solid Waste Management Act (Act 97). This shall include, but not be limited to, explosives, toxic materials and medical wastes. For the purposes of this chapter, "hazardous waste" does not include small quantities of such waste available on a retail basis to the homeowner (e.g., aerosol cans, fertilizers, herbicides, household cleaners, paints, pesticides, etc.). HEARING -- An administrative proceeding conducted by the Board of Supervisors or the Zoning Hearing Board pursuant to this chapter. HOME OCCUPATION -- An activity for gain customarily carried on in a dwelling or in a building or structure accessory to a dwelling, clearly incidental and secondary to the use of the dwelling for residential purposes. IMPERVIOUS SURFACE -- Impervious surfaces are those surfaces which do not absorb precipitation and surface water. All buildings, parking areas, driveways, roads, sidewalks, swimming pools and any areas in concrete and asphalt shall be considered impervious surfaces within this definition. IMPERVIOUS SURFACE RATIO -- The impervious surface ratio is measured by dividing the total area of all impervious surfaces within the site by the net site buildable area. JUNKYARD -- An area or land, with or without buildings, used for the storage outside of a completely enclosed building or used or discarded materials, including but not limited to wastepaper, 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 of two or more motor vehicles not having valid inspection stickers issued by the Pennsylvania Department of Transportation or of two or more wrecked or broken vehicles or the major parts of two or more such vehicles shall be deemed to make the lot a junkyard. LOADING BERTH -- A space, accessible from a street or driveway, in a building or on a lot, for the temporary use of vehicles while loading or unloading merchandise or materials, but not to be used for storage. LOT -- A designated parcel, tract or area of land established by a plat or otherwise as permitted by law to be used, developed or built upon as a unit. The lot is a parcel of land, used or set aside and available for use as the site of one or more buildings and any buildings accessory thereto or for any other purpose, in one ownership and not divided by a street, nor including any land within the right-of-way of a public or private street upon which said lot abuts, even if the ownership to such right-of-way is in the owner of the lot. A. LOT AREA -- The area contained within the property lines of the individual parcel of land shown on a subdivision plan or required by this chapter, excluding the following: (1) Any area within a future street right-of-way; (2) Any area required as open space under this chapter; (3) The area of any easements for above ground drainage facilities, including but not limited to detention basins; and the area of easements for utilities such as pipelines and high tension wires. B. CORNER LOT -- A lot which has an interior angle of less than 135° at the intersection of two street lines. A lot abutting upon a curved street or streets shall be considered a corner lot if the tangent to the curve at the points beginning within the lot or at the points of intersection of the side lot lines with the street lines intersect at an angle of less than 135°. C. THROUGH LOT -- An interior lot having frontage on two parallel or approximately parallel streets. D. DEPTH OF LOT -- The mean distance from the street line of the lot to its opposite rear line, measured in the general direction of the side lines of the lot. E. LOT WIDTH -- The distance measured between the side lot lines at the required building setback line. In a case where there is only one side lot line, "lot width" shall be measured between such side lot line and the opposite rear lot line or street line. F. LANE LOT -- A lot that lies behind a frontage lot and gains access to a public right-of-way via a narrow accessway. LOT LINES: A. LOT LINE -- Any boundary line of a lot. B. LOT LINE, REAR -- Any lot line which is parallel to or within 45° of being parallel to a street line, except for a lot line that is itself a street line and except that in the case of a corner lot, the owner shall have the option of choosing which of the two lot lines that are not street lines is to be considered a rear lot line. C. LOT LINE, SIDE -- Any lot line which is not a street line or a rear lot line. MOBILE HOME -- A transportable, single-family dwelling intended for permanent occupancy, contained in one unit or in two units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations and constructed so that it may be used without a permanent foundation. For the purposes of this chapter, travel trailers are not considered as mobile homes. 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 of land or contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes. MUNICIPAL SOLID WASTE -- Garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semisolid or contained gaseous material resulting from operation of residential, municipal, commercial or institutional establishments and from community activities. NONCONFORMING STRUCTURE OR LOT -- A structure or lot which does not comply with the area, setback, yard, building height, location, size, impervious surface or other dimensional requirements of this Zoning Ordinance or amendments heretofore or hereafter enacted where such structure or lot complied with such regulations at the time the structure was constructed or the lot created. Nonconforming structures or lots may continue but shall be subject to the regulations set forth in Article XI of this chapter. NONCONFORMING USE -- A use whether of land or of structure which does not comply with the applicable use provisions in this Zoning Ordinance or amendments heretofore or hereafter enacted where such use was lawfully in existence prior to the enactment of such ordinance or amendments. Lawful nonconforming uses in existence at the time of adoption of this chapter may continue but shall be subject to the regulations set forth in Article XI of this chapter. NORMAL FARMING OPERATIONS -- The customary and generally accepted activities, practices and procedures that farms adopt, use or engage in year in the production and preparation for market of poultry, livestock and their products; and in the production, harvesting and preparation for market of agriculture, agronomic, horticultural, silvicultural and agricultural crops and commodities, provided that such operations are conducted in compliance with applicable laws and provided that the use or disposal of these materials will not pollute the air, water or other natural resources of the commonwealth. It includes the storage and utilization of agricultural and food process wastes for animal feed and includes the agricultural utilization of septic tank cleanings and sewage sludges which are generated off-site. It includes the management, collection, storage, transportation, use or disposal of manure, other agricultural waste and food processing waste on land where such materials will improve the condition of the soil, the growth of crops or in the restoration of the land for the same purposes. OPEN SPACE -- That area of land and/or water to be restricted from future development for the purpose of protecting natural features or for recreational purposes. Open space does not include land occupied by structures, roads, road rights-of-way, parking lots, land reserved for future parking lots, stormwater detention basins or retention basins, buffer yards or areas of public facilities such as community septic systems, nor does it include any portion of the required minimum lot areas as required by this chapter. A. PUBLIC OPEN SPACE -- Open space in a subdivision which is offered to and accepted by the township. OPEN SPACE RATIO -- The total amount of open space within a site divided by the base site area. PUBLIC HEARING -- A formal meeting held pursuant to public notice by the Board of Supervisors or the Planning Commission, intended to inform and obtain public comment, prior to taking action in accordance with this chapter. 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." PUBLIC NOTICE -- Notice published once each week for two consecutive weeks in a newspaper of general circulation in the township. Such notice shall state the time and place of 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. RECREATIONAL VEHICLE -- A recreational vehicle is a portable structure, self-propelled or towable by a passenger car, of such size and weight as not to require special highway movement permits, primarily designed or constructed to provide temporary living quarters for recreational, camping or travel use or to carry such equipment, not for profit. When used for recreational purposes, it shall be considered a noncommercial passenger vehicle. RECYCLABLE MATERIALS --Those materials which may be processed or refabricated for reuse and which are specified by the township for separation from the regular solid waste. Such material may include, but not be limited to, aluminum products, cardboard, ferrous containers, bimetal containers, glass containers, newspaper, magazines, periodicals, other paper products of various kinds, plastic containers and yard wastes. RECYCLING -- The collection, separation, recovery and sale or reuse of metals, glass, paper, plastics and other materials which would otherwise be disposed or processed as municipal waste. REPORT -- Any letter, review, memorandum, compilation or similar writing made by any body, board, officer or consultant other that a solicitor to any body, board, officer or consultant for the purpose of assisting the recipient of such report in the rendering of any decision or determination. All reports shall be deemed recommendatory and advisory only and shall not be binding upon the recipient, board, officer, body or agency, nor shall any appeal lie therefrom. Any report used, received or considered by the body, board, officer or agency rendering a determination or decision shall be made available for inspection to the applicant and all other parties to any proceeding upon request and copies thereof shall be provided at cost of reproduction. RESIDUAL WASTE -- Any garbage, refuse, other discarded material or other waste, including solid, liquid, semisolid or contained gaseous materials resulting from industrial, mining and agricultural operations and any sludge from an industrial, mining or agricultural water supply treatment facility, wastewater treatment facility or air pollution control facility, provided that it is not hazardous. RIGHT-OF-WAY -- A strip of land occupied or intended to be occupied by a street, alley, crosswalk, sanitary or storm sewer, stream, drainage ditch or for another special use. The usage of the term "right-of-way" for land plotting purposes in the township shall mean that every right-of-way hereafter established or shown on a final record plan is to be separate and distinct from lots or parcels adjoining such right-of-way and not included with the dimensions of such lots or parcels. A. EXISTING RIGHT-OF-WAY -- The legal right-of-way as established by commonwealth or the township or other government authority and currently in existence. B. FUTURE RIGHT-OF-WAY -- A strip of land required for the widening of existing streets to accommodate anticipated future traffic or to provide future access to or through undeveloped land, as designated by the Township Comprehensive Plan or Chapter 196, Subdivision and Land Development. SEWER: A. PUBLIC SEWER -- Any municipal or publicly owned sewer system in which sewage is collected from buildings and piped to an approved sewage disposal plant, central septic tank disposal system or other disposal system. B. INDIVIDUAL PRIVATE SEWER-- An on-lot septic tank disposal or other disposal system generally providing for disposal of effluent for only one building or a group of buildings on a single lot or as part of a single development. C. CENTRALIZED PRIVATE SEWER -- An on-lot septic tank disposal or other system for the collection and disposal of sewage or industrial wastes of a liquid nature, including various devices for the treatment of such sewage or industrial wastes, providing for disposal of effluent for more than one building or more than one lot. SIGN -- Any name, name plate, poster, panel, display, illustration, structure or device used for visual communication, which is affixed, painted or represented directly or indirectly upon a building or other outdoor surface for the purpose of bringing the subject thereof to the attention of the public or advertising a business, commodity, service or product or for identifying a business, structure or use of land. SITE -- A parcel or parcels of land intended to have one or more buildings or intended to be subdivided into one or more lots. SITE AREA -- All land area within the site as defined by the deed and determined by a site survey. A. BASE SITE AREA -- The site area minus existing roads and their ultimate rights-of-way, utilities rights-of-way, other public easements, land which is restricted due to easements or covenants and land shown on previous subdivisions or land development plans as reserved from development for natural resource reasons, recreation and/or open space preservation. B. NET BUILDABLE SITE AREA -- That part of the base site area remaining after the amount of open space necessary for resource protection and/or to meet the open space requirements of this chapter has been calculated and deducted. SOLID WASTE -- Waste, including but not limited to municipal, residual or hazardous wastes, including solid, liquid, semisolid or contained gaseous materials. SOLID WASTE FACILITIES -- Solid waste facilities shall mean one or more of the following: A. COMPOSTING PLANT -- A facility at which composting is done. "Composting" shall mean the process by which organic solid waste is biologically decomposed under controlled anaerobic or aerobic conditions to yield a humus-like product. "Compostable material" shall mean organic waste which is capable of undergoing composting. Composting activities associated with normal farming operations shall not be included in this definition of composting plant. B. LANDFILL or MUNICIPAL LANDFILL or SANITARY LANDFILL -- A Pennsylvania Department of Environmental Protection-approved facility for disposing of solid waste on land without creating nuisances or hazards to the public health or safety. C. RECYCLING CENTER -- A facility established to receive, process, store, handle and ship recyclable materials. D. RESOURCE RECOVERY FACILITY -- A plant, establishment, set of equipment or other operation which recovers useful materials and/or products, including heat, electricity and/or recyclable materials from otherwise waste materials. A resource recovery facility shall not include a landfill. E. TRANSFER STATION -- A facility which receives and temporarily stores solid waste at a location other than the generation site and which facilities the bulk transfer of accumulated solid waste to a facility for further processing or disposal. F. WASTE-TO-ENERGY PLANT -- A facility used for the incineration of solid waste and the production of steam and electricity or other useful forms of energy. SPECIAL EXCEPTION -- A permission or approval granted to use land for a purpose other than those specified as uses permitted outright within a zoning district, granted by the Township Zoning Hearing Board in accordance with the standards contained in this chapter. STREET -- A right-of-way municipally or privately owned, serving as a means of vehicular and pedestrian travel, furnishing access to abutting properties and space for public utilities. STREET LINE -- The dividing line between a lot and the outside boundary of a public street, road or highway legally opened or officially platted or between a lot and a privately owned street, road or highway over which the owners or tenants of two or more lots held in single and separate ownership have the right-of-way. 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 1/2 or more of its wall area above grade level. A half-story is a story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor. STRUCTURE -- Any man-made object having an ascertainable stationery location on or in land or water, whether or not affixed to the land. TELECOMMUNICATIONS FACILITIES -- The equipment and structures involved in receiving, transmitting or relaying telecommunications or radio signals including cellular telecommunications facilities (which consist of the equipment and structures involved in receiving telecommunication or radio signals from a mobile communications source and transmitting those signals to a central switching computer which connects the mobile unit with the land based telephone line). [Added 5-11-1999 by Ord. No. 97] TELECOMMUNICATIONS EQUIPMENT BUILDING -- The building in which electronic receiving, relaying or transmitting equipment for a telecommunications facility is housed. [Added 5-11-1999 by Ord. No. 97] TOWER -- A structure that is intended to support equipment used to transmit and/or receive and/or relay telecommunications or radio signals, including monopoles and lattice construction steel structures. [Added 5-11-1999 by Ord. No. 97] USE -- Any activity, occupation, business or operation carried on or intended to be carried on, in a building or other structure or on a tract of land. USE, ACCESSORY -- A use located on the same lot with a principal use and clearly incidental or subordinate to and in connection with, the principal use. USE, PRINCIPAL -- The main use on a lot. UTILITIES -- Those services customarily rendered by public utility corporations, municipalities or municipal authorities, in the nature of electricity, gas, telephone, water and sewerage, including the appurtenances used in connection with the supplying of such services such as buildings, wires, pipes, poles and the like. VARIANCE -- Relief granted pursuant to the provisions of this chapter in accordance with the regulations contained herein for Zoning Hearing Boards. WETLANDS -- Those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal conditions do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. WOODLANDS-- Areas, groves or stands of trees having a diameter greater than six inches measured at four feet above the ground (diameter breast height, hereafter "dbh") covering an area of 1/4 acre or greater where there is at least one mature tree (10 inches or greater dbh) per 1,500 square feet of lot area; or groves of mature trees having a diameter 10 inches or greater dbh and consisting of more than 10 individual trees with that diameter forming a continuous canopy. [Amended 6-9-1992 by Ord. No. 70] YARD -- An open space unobstructed from the ground up, on the same lot with a structure, extending along a lot line or street line and inward to the structure. The size of a required yard shall be measured as the shortest distance between the structure and a lot line or street line. A. YARD, FRONT -- A yard between a structure and a street line and extending the entire length of the street line. In the case of a corner lot, the yards extending along all streets are front yards. In the case of a lot other than a corner lot that fronts on more than one street, the yards extending along all streets are front yards. B. YARD, REAR -- A yard between a structure and a rear lot line and extending the entire length of the rear lot line. C. YARD, SIDE -- A yard between a structure and a side lot line, extending from the front yard to the rear yard. In the case of a lot having no street frontage or a lot of odd shape, any yard that is not a front yard or a rear yard shall be considered a side yard. ARTICLE III ~ 234-10. Districts. For the purpose of this chapter, the township is hereby divided into districts which shall be designated as follows: OSM Open Space Management ~ 234-11. Zoning Map. [Amended 11-9-1994 by Ord. No. 79] The boundaries of said districts shall be as shown upon the map attached to and made a part of this chapter, which shall be designated the "Nockamixon Township Zoning Map." Said map and all notations, references and other data shown thereon are hereby incorporated by reference into this chapter and shall be as much a part of this chapter as if all were fully described herein. ~ 234-12. District boundaries. Where uncertainty exists with respect to the boundaries of the various districts, as shown on the map, the following rules shall apply: A. Where district boundaries are indicated as approximately coinciding with the center lines of roads, creeks, streams or railroad rights-of-way, such center lines shall be construed to be such boundaries. Where district boundaries are so indicated that they are approximately parallel to center lines of roads, creeks, streams or railroad rights-of-way, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated by scale or dimension on the Zoning District Map. B. Where district boundaries are so indicated that they approximately coincide with lot lines, such lot lines shall be construed to be said boundaries; or where district boundaries are extensions of lot lines or connect the intersections of lot lines, such lines shall be said district boundaries. C. Where district boundaries divide a lot, the location of such boundaries shall be determined by use of the scale shown on the Zoning Map unless the boundaries are indicated by dimensions. D. In case any further uncertainty exists, the Zoning Hearing Board shall interpret the intent of the map as to location of district boundaries. ~ 234-13. Federal, state and municipal property. Wherever federal or state-owned property or property owned by any federal or state agency or any political subdivision thereof is included in one or more zoning district, it shall be subject to the provisions of this chapter only insofar as permitted by the Constitution and laws of the United States of America and the Commonwealth of Pennsylvania. The provisions of this chapter shall not apply to properties owned and used by Nockamixon Township for public purposes. ~ 234-14. Purposes and intents of districts. A. OSM Open Space Management. The purpose of the OSM District is to regulate areas which are publicly owned, including but not limited to public open space, such as state game lands, state parks and canal areas. B. RP Resource Protection. The purpose of the RP District is to allow for low-intensity residential uses and agricultural uses in areas of the township where the natural features, such as water supply potential, sewage disposal capability, water quality, slopes and vegetation limit the capacity for more intense development. C. RA Residential/Agriculture. The purpose of the RA District is to provide for residential uses in areas of the township where there are fewer limiting natural features, where agricultural activities now exist and where this district can serve as a transition zone between higher density uses and the state park. D. R Residential. The purpose of the R District is to accommodate suburban-type development in areas where on-site septic tanks are feasible and in areas with existing compatible residential development. E. VC Village Center. The purpose of the VC District is to encourage the preservation of the residential character of the Villages of Revere, Ferndale and Kintnersville by allowing for additional growth of residential uses and limited commercial uses compatible with the village character. Vacant land is intended to be used for higher density housing and for small-scale commercial activities. F. VC-1 Village Center-1. The purpose of the VC-1 District is to allow for a mix of higher density residential uses and small-scale commercial uses in the area of the Harrow and Bucksville. Within this area and the VC District, additional housing at higher densities needed to meet the projected need for higher density housing between now and the year 2000 can be accommodated. G. C Commercial. The purpose of the C District is to allow for commercial uses along Routes 611 and 412 where retail and service facilities, including shopping centers, to serve the needs of area residents can be located. H. I Industrial/Office Park. The purpose of the I District is to allow for industrial activities such as light manufacturing, offices parks and warehousing in areas with direct access to Route 611. This district is also intended to provide locations for solid waste handling, processing or disposal facilities which meet all of the specific site, design, construction, operation and environmental standards as set forth in the use regulations, performance regulations and environmental impact statement requirements set forth herein. I. LI Limited Industrial. The purpose of this district is to allow for a mix of small-scale nonresidential uses and residential uses which are consistent with and are a necessary part of rural communities. The LI districts do not have direct access onto a major roadway and the permitted uses should be limited to those which are not dependent on highway visibility and which do not generate heavy traffic. The district is designed to accommodate mobile home parks as well as other residential uses. The area is in close proximity to the highway network to allow access but is protected from heavy traffic. J. Q Quarry. The intent of the Q District is to provide for safe quarry operations in an area of the township where quarrying exists. K. FP Floodplain. The Floodplain District shall be an overlay district whose restrictions shall supersede those of the underlying zoning district. The purpose of the provisions is to prevent the loss of property and life, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief and the impairment of the tax base by: (1) Regulating uses, activities and development which, acting alone or in combination with other existing or future uses, activities and development, will cause unacceptable increases in flood heights, velocities and frequencies. (2) Restricting or prohibiting certain uses, activities and development from locating within areas subject to flooding. (3) Requiring all those uses, activities and development that do occur in flood-prone areas to be protected and/or floodproofed against flooding and flood damage. (4) Protecting individuals from buying lands and structures which are unsuited for intended purposes because of flood hazards. ARTICLE IV ~ 234-15. Applicability of regulations. Except as provided by law or this chapter, in each zoning district no building, structure or land shall be used or occupied except for the purposes permitted in the zoning districts as indicated herein. ~ 234-16. Uses subject to other regulations. A. All uses permitted by right, special exception or conditional approval shall be subject, in addition to use regulations, to such regulations of yard, lot size, lot width, building area and height, impervious surfaces, easements, buffer yards, off-street parking and such other provisions as are specified in other articles herein, as well as all applicable state and federal requirements. [Amended 2-13-2001 by Ord. No. 103] B. In particular, the laws of the Commonwealth of Pennsylvania and the local regulations regarding waste disposal shall be adhered to. Further, no zoning permit shall be issued until approval is obtained from the necessary regulatory bodies for sewage disposal, unless the premises are served by existing public water and/or sewer facilities. If the use is served by an on-lot water supply system and/or an on-lot wastewater disposal system, the applicant shall demonstrate to the satisfaction of the Bucks County Health Department and the township that these on-lot facilities are adequate to serve the proposed use of the property. ~ 234-17. Agricultural use regulations. A. A-1 Agriculture and Horticulture. (1) Agriculture and horticulture shall include the growing, storage and/or sale of field, truck, nursery and tree crops. Such use may include single-family detached dwellings for the sole use of individuals and their immediate families engaged in agricultural employment on the same site or for the immediate family of the landowner or for persons engaged in agricultural employment on the property. The keeping of livestock, horses or poultry shall be limited to lots of at least two acres. On lots of less than 10 acres, there shall be no more than two head of livestock per acre and no more than 100 fowl per acre. (2) Feedlots, pens and confinement areas shall not be situated less than 30 feet from any stream, swale or body of water. B. A-2 Riding Academy/Boarding Stable: riding academy, livery or boarding stable, subject to the following provisions: (1) A lot area of not less than 10 acres shall be required. (2) Dwellings and accessory farm buildings shall be permitted in accordance with the regulations for Agriculture and Horticulture, Use A-1. C. A-3 Noncommercial Kennel. The keeping of more than four but fewer than 10 dogs and/or domesticated animals that are more than four months old for breeding and training is permitted, provided that the following conditions are met: (1) Minimum lot size shall be four acres. (2) No animal shelter or runway shall be located closer than 200 feet to any property line. (3) The kennel shall be constructed so that the animals cannot stray therefrom. D. A-4 Accessory Agricultural Sales/Farm Stands. Sales of agricultural products may be conducted from a permanent or portable structure as an accessory use to the use A-1 and A-7, under the following conditions: (1) Farm produce shall be limited to plant material and crops harvested from plants. (2) At least 25% of the produce must be grown or raised on the property or in the immediate region. (3) Temporary sales buildings or stands may be located within the required yard areas as set by the zoning district so long as the stand or building is a minimum of 25 feet from the edge of the roadway. Permanent establishments shall be constructed in accordance with the zoning district requirements. E. A-5 Agricultural Support Services and Retail: establishments for the sale and service of farm equipment and the sale and supply of farm supplies, such as feed, grain, fertilizer and related accessory products. F. [Amended 6-9-1992 by Ord. No. 70; 10-8-1996 by Ord. No. 88] A-6 Forestry. Forestry includes commercial logging operations, harvesting of trees and other operations involving the clearing or destruction of wooded areas. Not included under this use is the authorized clearing of woodlands in accordance with approved subdivision/land development plans and/or construction of dwelling unit and driveway on a single lot pursuant to the performance standards included within ~ 234-36 of this chapter, the removal of diseased or dead trees and normal domestic property maintenance. Forestry operations involving the cutting down of 20 or more merchantable trees on any contiguous wood lot per year shall be undertaken only in accordance with the following (Note: operations not requiring a use permit as indicated above may require other permits such as Bucks County Conservation District approval.): (1) A use permit shall be issued by the township prior to the commencement of forestry operations, as required above. The township shall have the right to have the permit application reviewed by a forester and it must be accompanied by the following information: (a) A forestry plan shall be prepared by a forester, forest technician or forest plan preparer for each forestry operation, as defined above, within Nockamixon Township. (b) The forestry plan shall address all applicable erosion and sedimentation control and stream crossing regulations under Chapter 102, Erosion Control Rules and Regulations issued under Act of June 22, 1937, P.L. 1987 (Clean Streams Law), and Chapter 105, Dam and Waterway Management Rules and Regulations, issued under Act of 1978, P.L. 1375, No. 325 (Dam Safety and Encroachments Act). (c) The forestry plan shall address, at a minimum, the following: [1] Design of the temporary road system. [2] Water control structures. [3] Stream crossings. [4] Log landings. [5] Haul roads, skid roads and skid trails. [6] Maintenance. [7] Road use. [8] Road and log landing restoration. [9] General location of the anticipated operation in relation to municipal and state highways. [10] Property boundary for the tract on which the logging will take place and boundary of the proposed harvest area. [11] A stand prescription for each stand located in the proposed harvest area. [12] Copies of all required permits shall be submitted as an appendix to the forestry plan. [13] When the harvest is completed, both the dirt road used by the trucks and the skid roads used to drag the logs from the woods to the leading area must be seeded and mulched. (d) Proof of current general liability and worker's compensation insurance. (e) Proof of PennDOT Highway Occupancy Permit or township driveway permit for temporary access as applicable. (f) Where forestry activity will access a township road, adequate financial security in an amount determined by the Township Engineer shall be posted by the applicant to secure the repair of damaged improvements within the township right-of-way attributable to the forestry activity. [Added 2-13-2001 by Ord. No. 103 ] (g) Copy of Bucks County Conservation District "Letter of Adequacy" for the proposed erosion control facilities, including associated plans, reports and other permits as required. (2) The following requirements shall apply to all forestry operations: (a) The township shall be notified three working days prior to the commencement of operations and upon completion of all work prescribed under the forestry plan. (b) The forestry plan and all related permits shall be available at the forestry operation site. (c) General operational requirements. The following requirements shall govern all forestry operations: [1] Felling or skidding on or across any public thoroughfare is prohibited without the express written consent of the municipality or the Pennsylvania Department of Transportation, whichever is responsible for maintenance of said thoroughfare. [2] No tops or slash shall be left within 25 feet of any public cartway. [3] All tops and slash between a distance of 25 feet and 50 feet from a public thoroughfare shall be lopped to a maximum height of six feet above the surface of the ground. [4] No tops or slash shall be left on or across a property boundary without the consent of the adjoining landowner. [5] Litter resulting from any forestry operation shall be cleaned up and removed from the site before it is vacated by the operator. [6] Any soil, stones and/or debris carried onto public cartways must be removed immediately. (d) All forestry operations and forestry plans shall comply with the requirements of all applicable state laws and regulations including, but not limited to, the following: [1] Erosion and sedimentation control regulations contained in 25 Pennsylvania Code, Chapter 102, promulgated pursuant to the Clean Streams Law (35 P.S. ~ 691.1 et seq.). [2] Stream crossing and wetlands protection regulations contained in 25 Pennsylvania Code, Chapter 105, promulgated pursuant to the Dam Safety and Encroachments Act (32 P.S. ~ 693.1 et seq.). G. A-7 Nursery and Greenhouse: the outdoor or indoor raising of plants, shrubs and trees for sale and transplantation. This use does not include a garden center or other such facility whose main activity is the retail sale of plants and shrubs. (1) Retail sales shall be permitted in association with the nursery or greenhouse, provided that the sales facilities meet the requirements of use A-4 Accessory Agricultural Retail. Any nursery or greenhouse which has associated with it accessory agricultural retail sales shall have a lot area not less than 15 acres. (2) Any building or structure associated with the nursery or greenhouse shall meet the yard, lot width and setback requirements for single-family detached dwellings for the district in which the use is located. One single-family detached dwelling shall be permitted on the property. ~ 234-18. Residential use regulations. A. B-1 Single-Family Detached Dwelling: a building designed for and occupied exclusively as a residence for only one family and having no party wall in common with an adjacent building. Where a private garage is structurally attached to such a building, it shall be considered a part thereof. B. B-2 Village House: a village house is a single-family detached dwelling on a separate lot. It differs from other forms of single-family detached housing in its lot size and its placement on the lot, which are similar to houses found in the historic villages and towns. The house is placed very close to the street and is additionally distinguished from other single-family houses by planting or architectural treatments. Each unit shall require a minimum of one of the following characteristics: (1) An unenclosed porch, running across at least 3/4 of the house front and being at least seven feet in width. (2) A front yard raised above sidewalk grade by at least 18 inches with a retaining wall of at least 18 inches. (3) A front yard enclosed by a permanent wall or fence of wood or masonry construction at least 30 inches in height. (4) Hedge yard: a hedge enclosing the front yard using bushes at least 24 inches in height, planted adjacent to each other so as to form a continuous hedge. C. B-3 Twin Dwelling: a building designed for and occupied exclusively as a residence for only one family and having a party wall in common with an adjacent building. Where a private garage is structurally attached to such a building, it shall be considered a part thereof. D. B-4 Duplex Dwelling: a building designed for and occupied exclusively as a residence for two families living independently of each other with one family wholly or partly over the other and having no party wall in common with an adjacent building. Where a private garage is structurally attached to such building, it shall be considered a part thereof. E. B-5 Townhouse Dwelling: a dwelling on a lot designed and occupied exclusively as a residence for one family, having independent outside access and attached to but separated from adjoining dwellings by not more than two party walls. (1) Dwellings shall be arranged in groups or clusters and not in long rows parallel to street lines. No more than eight such dwellings may be so attached in any one group. (2) To create architectural interest in the layout and character of housing fronting streets, variations in setbacks, materials and design shall be required. A minimum of two feet variation in setback shall occur at least every third dwelling. F. B-6 Multifamily. (1) A building, not a townhouse, on a lot designed for and occupied exclusively as a residence for three or more families living independently of one another; an apartment house or apartment complex. (2) The maximum length of such a building shall be 120 feet. (3) Multifamily residences shall be arranged in groups or clusters and not in long rows parallel to street lines. (4) To create architectural interest in the layout and character of housing fronting streets, variations in setbacks, materials and design shall be used. (5) The distance between any two buildings either of which faces or backs upon the other in whole or in part shall not be less than 75 feet. (6) The distance between the ends of two buildings, similarly oriented and without openings or windows in the end walls, shall not be less than 24 feet. (7) The distance between any building face and a parking area shall not be less than 20 feet. G. B-7 Single-Family Detached Cluster. A single-family detached cluster use shall be limited to single-family detached dwellings on individual lots. Cluster development is intended to provide flexibility in the design of residential developments and to preserve open space and provide other public amenities and services by permitting a reduction in residential lot size. Cluster development may be used to provide for open space, protection of critical natural features, park land, recreational facilities, community facilities, historic sites or other public uses. (1) All single-family detached dwelling units within a cluster development shall include front, rear and side yards. (2) The tract of land to be developed shall be a minimum of 12 acres and shall be in single and separate ownership or shall be the subject of an application filed jointly by all the owners of the entire tract who shall stipulate that the entire tract will be developed in accordance with the approved plan. (3) Areas set aside for open space shall be suitable for the designated purpose and shall be consistent with the land use plan policies of the township, as expressed in the Township Comprehensive Plan and in other ordinances and policies. Any such area shall contain no structure other than a structure related to the purposes of the open space. Where structures are included in the open space, no more than 5% of the total open space area may be used for buildings. (4) Open space shall be uninterrupted by unrelated buildings or drives and appropriately landscaped and designated as open space. Open space areas shall be interconnected with open space areas on abutting parcels whenever possible. (5) Any land set aside as open space which is of such a size as may be capable of future subdivision under the regulations of this chapter must be made subject to a deed restriction or agreement acceptable to the Board of Supervisors and duly recorded in the Bucks County Recorder of Deeds Office which restricts further subdivision or development. (6) Ownerships, methods of conveyance and maintenance regulations as set forth herein shall apply. H. B-8 Residential Conversion: the conversion of an existing structure into more than one dwelling; or the conversion of an accessory building into no more than one dwelling; or the conversion of a nonresidential building into one or more dwelling units. In no case shall more than eight dwelling units be created through the residential conversion process. I. B-9 Senior Citizen Housing. (1) Senior citizen housing shall be in the form of a planned community for senior citizens of 55 years of age or older, which provides proper care, supervision, living accommodations and recreation for said senior citizens. Such use may include life care and continuing care facilities and personal care facilities. (2) The site design, area and dimensional requirements for multifamily developments as specified in Use B-6, Multifamily Dwellings, shall apply to the development of senior citizen housing. (3) The establishment may include support facilities in accordance with the following standards: (a) Retail facilities for the use of residents and their guests only. No outside advertising shall be permitted. The retail facilities are limited to the following types: barber or beauty shop, pharmacy, commissary, newsstand, gift shop, snack bar/coffee shop, thrift shop, handicraft shop. (b) Nursing home designed for temporary or long-term care. The nursing home shall meet the requirements of Use C-10, Nursing Home. (c) Open space and recreation areas shall be included in the senior citizen housing development. A minimum of 20% of the site shall be developed as passive recreation areas designed for sitting and walking. J. B-10 Community/Group Home. (1) Such facilities shall be for the purpose of providing temporary or permanent housing for more than two and fewer than eight persons who are unable to provide a home for themselves, including the mentally or physically handicapped, emotionally handicapped or the elderly. (2) A community home use shall be operated by a group, organization, corporation which is licensed by the county or the state and must comply with all appropriate regulations of any governmental agency authorized to regulate said group, organization, corporation, etc. Proof of compliance with all applicable county or state regulations shall be furnished to the Zoning Officer prior to the granting of the zoning permit. (3) An employee shall be on the premises 24 hours a day and shall provide supervision for the residents. (4) A community home shall meet the required lot area, yard, setback and lot width requirements for single-family detached dwellings in the zoning district in which it is located. K. B-11 Guest Houses/Bed-and-Breakfast. The use and occupancy of a detached dwelling shall be permitted for accommodating transient guests for rent subject to the following additional conditions and restrictions: (1) No more than six guestrooms may be provided. (2) The minimum lot size for the guest house use shall be three acres for the first guestroom and one additional acre for each additional guestroom. In no case shall the lot area be less than that required for single-family detached dwellings in the zoning district in which the proposed guest house is located. (3) One off-street parking space shall be provided for each guestroom, plus one space for each employee and two spaces for the owners of the property. The off-street parking spaces shall be located either to the rear of the main dwelling or screened from the roadway by a five-foot fence or plant material of equal height. Such plant material shall be permanently maintained and any plant material which does not live shall be replaced within one year. (4) At least one bathroom shall be provided for each two guestrooms. (5) External alterations, additions or changes to the exterior structure shall be minimized except where required by any governmental agency for safety reasons. (6) The use shall be carried on primarily by members of the immediate family which must reside on the premises. (7) There shall be no separate kitchen or cooking facilities in any guestroom. (8) The maximum uninterrupted length of stay at a guest house shall be 14 days. (9) The use of any amenities provided by the guest house such as swimming pool or tennis courts shall be restricted in use to guests of the establishment. The serving of meals shall be restricted to the guests of the establishment. (10) There shall be no use of show windows or display or advertising visible outside the premises to attract guests other than a single, nonilluminated sign which may not exceed 10 square feet. (11) If the facility is served by an on-lot water supply system and/or an on-lot wastewater disposal system, the applicant shall demonstrate to the satisfaction of the Bucks County Health Department and the Board of Supervisors that these on-lot facilities are adequate to serve the maximum number of guests which could be housed at the facility at any one time. (12) A buffer yard of 50 feet in width shall be provided from adjacent property and street lines. No structure may be located within the buffer yard. The buffer yard may be included within the required front, side or rear yards. (13) The use may not be established until the applicant has submitted a site plan to the township which demonstrates compliance with this chapter. The guest house may be periodically inspected by township or county officials for compliance with all township requirements and safety standards. L. B-l2 Mobile Home Park. A mobile home park is a parcel of land or contiguous parcels of land which has been so designated and improved so that it contains two or more mobile home lots for the placement thereon of mobile homes. (1) The minimum lot size for a mobile home park shall be 10 acres. (2) Mobile home parks shall be buffered in accordance with the buffering requirements of this chapter. (3) No mobile home shall be erected on a mobile home lot except on a mobile home pad. Each mobile home shall have its own pad, which shall be at least equal in length and width to the dimensions of the mobile home to be placed thereon. (4) Each mobile home shall be placed on a concrete slab of at least the same length and width as the mobile home, with a minimum thickness of six inches and shall have installed in it a minimum of six tie-down rings to which the mobile home shall be secured. Pads shall be on footings at least one foot below the frost line. (5) All mobile homes within a mobile home park shall have the space between the floor of the mobile home and the mobile home stand completely enclosed. Such enclosure may be provided by a permanent masonry foundation or by temporary materials or skirting. Skirting shall be: (a) Compatible in design with the mobile home to which it is attached. (b) Sufficiently tight to prevent access by small animals but also to allow ventilation to inhibit interior decay and deterioration. (c) Totally opaque so that no part of the space between the floor of the mobile home and the mobile home stand is externally visible. (d) Constructed of materials designed and commonly used for weather surfaces and at least of such rigidity and strength as the exterior surface of the mobile home itself. (6) There shall be a minimum distance of 30 feet between an individual mobile home, including accessory structures associated therewith and other mobile homes, adjoining pavement of a park street or common parking area or other common areas or structures. (7) No mobile home, parking, loading or service area shall be located less than 75 feet from a street ultimate right-of-way or other property line. (8) All utilities shall be placed underground within the mobile home park. (9) Not more than 10% of the total number of mobile home spaces shall be rented for residential use of a mobile home for periods of less than 180 days. (10) All interior parking, service, accessways and streets shall be constructed in accordance with Chapter 196, Subdivision and Land Development. (11) Park areas for nonresidential use. (a) No part of any park shall be used for nonresidential purposes except such uses that are required for direct servicing, management or maintenance of the park and its residents. (b) Nothing contained in this article shall be deemed as prohibiting the sale of a mobile home located on a mobile home lot and connected to utilities. (12) All mobile home parks shall be served by centralized sewage disposal systems and centralized water supply systems. M. B-13 Private Camp or Cottage Development: a development planned as a whole for seasonal recreational use, comprising two or more cottages and other related buildings, including camps for boys and/or girls using two or more cottages for shelter or sleeping purposes. Camps may include a dining hall, swimming pool, tennis courts or other accessory facilities reserved for use by the camp residents. (1) The main use of the proposed development shall be seasonal, summer or winter and no occupant shall be permitted to remain for a total period exceeding 180 days during any one calendar year except for an owner-occupant of the facility. (2) The minimum lot area shall be 25 acres. (3) The maximum overall density shall not exceed one cottage for every two acres of site area. (4) No mobile home or recreational vehicle, as defined herein, shall be permitted as part of a cottage development or private camp. (5) Cottages shall be clustered within one portion of the site so that a minimum of 75% of the site shall be left as undisturbed open space. ~ 234-19. Religious, educational, recreational and institutional use regulations. A. C-1 Place of Worship: any structure or structures used for worship or religious instruction, including social and administrative rooms accessory thereto, but not including any commercial activity. Where said use abuts a residential use, the minimum side yard shall be doubled. Minimum lot size shall be five acres. B. C-2 School: a private school, religious or nonreligious or a public school which is not conducted as a private, gainful business and is licensed under the proper governmental authority: (1) The minimum lot area for elementary schools, junior high schools, middle schools or high schools shall meet the lot area recommendations of the Pennsylvania State Board of Education. (2) Minimum yards shall be as follows: (a) Front yard: 200 feet. (b) Side yard: 100 feet each. (c) Rear yard: 200 feet. C. C-3 Commercial School: a trade, professional, music, gymnastics, art, dancing or other similar school. D. C-4 Library or Museum: a library or museum open to the public or connected with a permitted educational use and not conducted as a private, gainful business. Parking areas shall be adequately screened when situated next to land zoned for or in residential use. E. [Amended 11-9-1994 by Ord. No. 79] C-5A Public and Nonprofit Recreational Facility: a recreational facility, open space or park, owned or operated by the municipality, other governmental agency, nonprofit or quasi-public association. (1) The use shall not be conducted as a private gainful business. The principal activity shall not be one which is customarily carried on as a business. (2) Except for a snack bar, dining services and/or the service of alcoholic beverages shall not be provided. (3) No outdoor active recreation area shall be located nearer to any lot line than 100 feet. (4) Outdoor play areas shall be screened and buffered so as to protect the neighborhood from noise and other disturbances. Buffer yards of a minimum width of 20 feet planted in accordance with the standards of this chapter shall be provided if the use is located within a residential zoning district or adjacent to a residential use. No activity shall be permitted which would constitute a public nuisance in accordance with Nockamixon Township Nuisance Ordinance No. 7, as amended, this chapter and/or any other applicable regulations. F. C-5B Public and Nonprofit Recreational Facility/Shooting Range and Quasi-Military Games [Amended 11-9-1994 by Ord. No. 79]. (1) Where the recreational facility includes a shooting range, such as a rifle range, sporting clays, trap shoots and other uses involving the discharge of firearms, the following additional requirements shall apply: (a) A shooting range shall be permitted by conditional use only in the C, I and LI districts. (b) For an outdoor shooting range, a minimum lot area of 10 acres shall be required. For an indoor shooting range, the minimum lot area shall be as required by the applicable zoning district. (c) The range shall be designated and constructed in accordance with then-existing National Rifle Association's standards for the particular type of range and shall comply with future NRA standards as enacted. (d) The range shall be operated in strict accordance with the existing National Rifle Association's standards for operation and safety and shall comply with future NRA standards as enacted. (e) The range shall be used only for the type of firearms for which it is designed to accommodate. (f) An outdoor range shall not be lighted for night time use. The hours of operation shall be determined by the Board of Supervisors at the time the conditional use application is made. (g) The safety of adjoining properties shall be a primary consideration in the location of the rifle range. (h) No shooting range shall be permitted, the operation of which would constitute a public nuisance in accordance with Nockamixon Township Nuisance Ordinance No. 7, as amended, this chapter or any other applicable standards. (i) Buffer plantings shall be provided along property lines of the range in accordance with ~ 234-30 of this chapter and ~ 196-36 of the Nockamixon Township Subdivision and Land Development Ordinance. Additional buffers may be required at the direction of the Board of Supervisors. (j) The perimeter of the property shall be posted clearly to warn persons regarding the activities on the property. (2) Where the recreation facility includes quasi-military operations, games or training, including but not limited to paintball or war game games, the following additional requirements shall be met: (a) Such use shall be permitted by conditional use only in the C, I and LI Districts. (b) A minimum lot area of 20 acres shall be required. (c) A buffer or out-of-bounds area shall be established within which no games under this use shall take place any closer than 150 feet to a street line or a property boundary. The buffer area shall be clearly delineated by placing material approved by the Board of Supervisors in a continuous band around the area where games would be conducted. The marking of the buffer area shall be continuously maintained. The perimeter of the property shall be posted clearly to warn persons regarding the activities on the property. (d) The hours of operation shall be determined by the Board of Supervisors at the time the conditional use application is made. (e) No tournament shall take place except upon approval of a further conditional use by the Board of Supervisors wherein it is established, among other considerations, that no violations of conditions of this chapter have occurred. (f) No retail sales shall be conducted from the premises including, but not limited to the sale of clothing, weapons, ammunition other than paintballs and the like. (g) Board of Health approval shall be obtained in accordance with the municipal sewage facilities plan (Act 537 plan) for sanitary facilities on site. (h) No alcoholic beverages shall be permitted or consumed on the site. (i) Rules of conduct shall be posted and enforced. (j) No activity shall be permitted which would constitute a public nuisance in accordance with Nockamixon Township Nuisance Ordinance No. 7, as amended, this chapter and any other applicable regulations. (k) Motorized vehicles, including but not limited to recreational vehicles, must be confined to parking areas during games. (l) At no time shall live ammunition of any type be stored or carried onto the area designated as the in-bounds buffer area or game field of the site. (3) Parking: one off-street parking space for each five persons of total capacity or at least one off-street parking space for each 50 square feet of gross floor area used or intended to be used for service to customers, patrons, clients, guests or members, whichever requires the greater number of off-street parking spaces, plus one additional space for each employee. G. C-6 Private Recreational Facility: a private recreational facility or park. [Amended 11-9-1994 by Ord. No. 79] (1) This use may be conducted as a private gainful business. This use shall only be permitted in the C Commercial, I Industrial and LI Limited Industrial Zoning Districts by conditional use. (2) Except for a snack bar, dining services and/or the service of alcoholic beverages shall not be provided. (3) No outdoor active recreation area shall be located nearer to any lot line than 100 feet. (4) Outdoor play areas shall be screened and buffered so as to protect the neighborhood from noise and other disturbances. Buffer yards of a minimum width of 20 feet planted in accordance with the standards of this chapter shall be provided if the use is located within a residential zoning district or adjacent to a residential use. (5) Where the recreational facility includes a shooting range, such as a rifle range, sporting clays, trap shoots and other uses involving the discharge of firearms, the following additional requirements shall apply: (a) For an outdoor shooting range, a minimum lot area of 10 acres shall be required. For an indoor shooting range, a minimum lot area shall be required as per the applicable zoning district. (b) The range shall be designated and constructed in accordance with then-existing National Rifle Association's standards for the particular type of range and shall comply with future NRA standards as enacted. (c) The range shall be operated in strict accordance with then-existing National Rifle Association's standards for operation and safety and shall comply with future NRA standards as enacted. (d) The range shall be used only for the type of firearms for which it is designed to accommodate. (e) An outdoor range shall not be lighted for night time use. The hours of operation shall be determined by the Board of Supervisors at the time the conditional use application is made. (f) The safety of adjoining properties shall be a primary consideration in the location of the rifle range. (g) No shooting range shall be permitted, the operation of which would constitute a public nuisance in accordance with Nockamixon Township Nuisance Ordinance No. 7, as amended, this chapter and any other applicable regulations. (h) Buffer plantings shall be provided along property lines of the range in accordance with ~ 234-30 of this chapter and ~ 196-36 of the Nockamixon Township Subdivision and Land Development Ordinance. Additional buffers may be required at the direction of the Board of Supervisors. (i) The perimeter of the property shall be posted clearly to warn persons regarding the activities on the property. (6) Where the recreational facility includes quasi-military operations, games or training, including but not limited to, paintball or war game games, the following additional requirements shall be met: (a) A minimum lot area of 20 acres shall be required. (b) A buffer or out-of-bounds area shall be established within which no games under this use shall take place any closer than 150 feet to a street line or a property boundary. The buffer area shall be clearly delineated by placing material approved by the Board of Supervisors in a continuous band around the area where games would be conducted. The marking of the buffer area shall be continuously maintained. The perimeter of the property shall be posted clearly to warn persons regarding the activities on the property. (c) The hours of operation shall be determined by the Board of Supervisors at the time the conditional use application is made. (d) No tournament shall take place except upon approval of a further conditional use by the Board of Supervisors wherein it is established, among other considerations, that no violations of conditions of this chapter have occurred. (e) Board of Health approval shall be obtained in accordance with the municipal sewage facilities plan (Act 537 plan) for sanitary facilities on site. (f) No alcoholic beverages shall be permitted or consumed on the site. (g) Rules of conduct shall be posted and enforced. (h) No such activity shall be permitted which would constitute a public nuisance in accordance with Nockamixon Township Nuisance Ordinance No. 7, as amended, this chapter and any other applicable regulations. (i) Motorized vehicles, including but not limited to recreational vehicles, must be confined to parking areas during games. (j) At no time shall live ammunition of any type be stored or carried onto the area designated as the in-bounds buffer area or game field of the site. (7) Parking: one off-street parking space for each five persons of total capacity or at least one off-street parking space for each 50 square feet of gross floor area used or intended to be used for service to customers, patrons, clients, guests or members, whichever requires the greater number of off-street parking spaces, plus one additional space for each employee. H. [Amended 11-9-1994 by Ord. No. 79] C-7 Golf Course: an area designed for the play of the game of golf containing greens, tees, fairways, bunkers and related areas. This use shall not include a miniature golf course. (1) Minimum lot area: 80 acres. (2) The golf course may include the following accessory uses: practice driving ranges and putting greens; rest rooms and rain shelters; maintenance facilities; golf cart storage; golf club and general storage facilities; caddy shack; golf club repairs facilities; and pro shops. (3) No building shall be closer than 100 feet to any lot line or street line. (4) No golf hole shall be closer than 150 feet to a lot line or street line, measured from the center line of the hole. (5) Clubhouse facilities. Clubhouse facilities, including locker rooms, restrooms and shower facilities; administrative, management and club membership offices; private dining facilities; including formal dining, grillroom, bar and lounge and snack bar; and indoor and outdoor recreational facilities. Such uses shall be permitted only if they are clearly accessory to the golf course. (6) Parking: Three off-street parking spaces for each hole. In addition, where a clubhouse is proposed in conjunction with a golf course, one off-street parking space for every five persons of total capacity or at least one off-street parking space for each 50 square feet of gross floor area used or intended to be used for service to customers, patrons, clients, guests or members, whichever requires the greater number of off-street parking spaces. (7) Any pedestrian and/or golf cart crossing of a public roadway shall be grade separated from the public roadway and subject to approval of the township. I. C-8 Community Center. A community center is an educational, social or recreational center or other similar facility operated by an educational, philanthropic or religious institution, subject to the following additional provisions: (1) The use shall not be conducted as a private, gainful business. (2) No outdoor recreational area shall be located nearer to any lot line than 100 feet. (3) The minimum lot size shall be three acres. J. C-9 Day Care Service: day-care service for more than six children, providing out-of-home care for part of a twenty-four-hour day to children under 16 years of age, excluding care provided by relatives and care provided by places of worship during religious services. (1) The facility shall meet all applicable design, site and area standards of the Pennsylvania Department of Public Welfare, Day Care Division. (2) Buffer yards of a minimum width of 20 feet planted in accordance with the standards of this chapter shall be provided if the use is located within a residential district or adjacent to a residential use or residential district. K. C-10 Nursing Home. (1) A nursing facility or convalescent home licensed by the Pennsylvania Department of Health which is set up to provide long-term health care primarily to senior residents with chronic diseases or disabilities. This use does not include senior citizen housing, life care or continuing care facilities, but it can be part of such an establishment in accordance with the standards set herein. (2) Minimum lot size shall be five acres. L. C-11 Hospital: a state-licensed facility subject to the following provisions: (1) The minimum lot area shall be 10 acres. (2) The minimum lot width shall be 500 feet. (3) A hospital shall have direct access from a major collector or arterial highway. M. C-12 Cemetery. A cemetery shall be limited to a burial place or graveyard, including a mausoleum. (1) The minimum lot size shall be 10 acres. (2) No more than 10% of the entire area may be devoted to aboveground buildings not serving as burial markers or memorials, such as business and administration offices, chapels, maintenance facilities, greenhouses or repair shops. This restriction includes parking facilities. (3) A buffer strip of at least 20 feet shall be provided between a building or burial site and the cemetery property line. (4) One dwelling, to be used for custodial personnel, may be permitted. (5) The maximum height of permitted buildings shall be no more than 35 feet. (6) There shall be no more than one identification sign at each entrance. (7) The main portion of entrance features shall be located no closer to the nearest right-of-way line of any public street than a distance equal to the building setback line required in the district in which the cemetery is located. (8) No such entrance features shall exceed 12 feet in height. (9) Such use may be an accessory use to a place of worship. N. C-13 Municipal Building: a municipal administration building, municipal police station, courthouse, district justice office, road maintenance facility or similar facility. O. [Amended 11-9-1994 by Ord. No. 79] C-14 Private Club: a private club or lodge established for the fraternal, social, educational, civic or cultural enrichment of its members, whose members meet certain prescribed qualifications for membership and pay dues. (1) The use shall not be conducted as a private gainful business. The principal activity shall not be one customarily carried on as a business. (2) The use shall be for members and their authorized guests only. (3) Dining services and/or the service of alcoholic beverages may be provided for members. These services shall not be provided to the general public. (4) No outdoor active recreation area shall be located closer than 100 feet to any lot line. (5) Buffer plantings shall be provided along property lines of the range in accordance with ~ 234-30 of this chapter and ~ 196-36 of the Nockamixon Township Subdivision and Land Development Ordinance. Additional buffers shall be required at the direction of the Board of Supervisors. (6) This use does not include a shooting range or quasi-military games. (7) Parking: one off-street parking space for every three persons present at such facilities when they are filled to capacity or at least one off-street parking space for each 50 square feet of gross floor area used or intended to be used for service to members and guests, whichever requires the greater number of off-street parking spaces, plus one additional space for each employee. ~ 234-20. Office use regulations. A. D-1 Office: a building(s) for business, professional or governmental offices. (1) Such use shall be carried on wholly indoors and within the principal building. (2) No office building shall have as its principal tenant a store, beauty shop or other personal service shop, and a maximum of 20% of an office building may be devoted to such nonoffice uses. B. D-2 Medical Office: a building or buildings with multiple offices for one or more physicians or dentists for examination or treatment of persons as outpatients and laboratories incidental thereto. C. D-3 Veterinary Office or Clinic: the office of veterinarian. If a kennel is part of the office or clinic, the use shall meet the regulations of Use A-3, Noncommercial Kennel, or E-21, Commercial Kennel, if the capacity of the kennel facility exceeds 10 dogs or domesticated animals. ~ 234-21. Retail and consumer services use regulations. A. [Amended 6-9-1992 by Ord. No. 70] E-1 Retail Trade and Retail Service: establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods; or establishments primarily engaged in providing services involving the care of a person or his or her apparel. This use shall include garden center: a retail store selling plants, pottery, potting soil, fertilizers, mulch, garden tools, hardware and the like or any combination thereof as a primary use of the premises. Garden centers are only permitted as E-1 uses. Such use does not include an eating place or other use specifically designated in this chapter as a separate use. (1) All products produced on the premises shall be sold on the premises. (2) Over-the-counter sale of alcoholic beverages in taverns and bars is not included. (3) Stores or groups of stores with a gross floor area in excess of 10,000 square feet are not included. B. E-2 Large Retail Store. A large retail store is a store with greater than 10,000 square feet of floor area; and any variety store, supermarket, department store, home improvement center or discount store, regardless of size. C. E-3 Financial Establishment. (1) A financial establishment shall include a bank, savings and loan association, credit union or other financial establishment. (2) If a drive-in window is provided, a stacking area to accommodate at least six vehicles shall be provided for each drive-in window. D. E-4 Eating Place: any place for the sale and consumption of food and beverages without drive-through window service, which is prohibited. E. E-5 Eating Place, Drive-Through and Fast-Food: cafeterias and eating establishments in which the principal business is the sale of foods and/or beverages in ready-to-consume state for consumption either within the restaurant building or for carry-out with consumption off the premises. (1) The use must have direct access to a collector or arterial street. (2) There shall be only one point of ingress and only one point of egress per collector or arterial street. (3) Where a drive-in window is proposed, a stacking lane shall be provided to serve a minimum of nine cars. The stacking lane shall not be used for parking lot circulation aisles, nor shall it in any way conflict with through circulation or parking. (4) A pedestrian walkway shall be provided between an existing sidewalk and the entrance to the restaurant. (5) All such restaurants shall provide a trash storage area which shall be screened from the street and adjacent properties by an enclosed fence at least six feet in height to prevent trash from blowing from the area and to serve as a visual screen for the trash area. (6) Trash receptacles shall be provided outside the restaurant for patron use. F. E-6 Repair Shop: any business for the repair of consumer goods, but not including repair of automobiles, motor vehicles or motorcycles and not including the repair of other items which, as part of the repair process, causes noise, fumes or other disturbances to emanate to the property line of the establishment. G. E-7 Motel or Hotel: a building or group of buildings containing rooms for rent for the accommodation of transient guests and may include an eating place. (1) The use must have direct access to a collector or arterial street. (2) Units in such facilities shall contain a minimum of 200 square feet of floor space, with a minimum of two rooms: a bedroom and a separate bathroom equipped with a flush toilet, a lavatory basin and a bathtub or shower. H. E-8 Entertainment. (1) An entertainment facility shall include a bowling alley, skating rink, billiard hall, indoor movie theater, theater or other similar uses. This use shall not include any activity which meets the definition of Use E-18, Adult Entertainment. (2) No audio speakers or equipment shall be installed inside or outside the location of such use which would cause sounds to emanate beyond the property boundaries. I. [Amended 2-13-2001 by Ord. No. 103] E-9 Service Station: a facility whose principle function is the sale of gasoline and fuels for motor vehicles and/or routine automobile service and inspection, which may include lubricating, repairing or otherwise servicing motor vehicles but shall not include painting, body and fender repairs or vehicular sales. Minor automobile accessories and food or beverage items may also be sold, subject to the limitations of this chapter. Any use which provides for gasoline and fuel sales directly to retail customers shall be considered to be a service station and shall meet the requirements of this use. (1) Minimum lot width of not less than 200 feet shall be provided along each street on which the lot abuts. (2) The minimum lot area shall be one acre. (3) Access to roads shall be at least 50 feet from the intersection of any streets. (4) Such use may only be located on an arterial road. (5) All fuel tanks shall be placed underground. (6) All pumps, lifts and other service facilities shall be located not closer than 35 feet to any property or street line. (7) No vehicle shall be stored in the open, except those awaiting minor repairs, for a period exceeding seven consecutive days, unless screened from adjacent roads or residential properties. (8) All lubricating, making of minor repairs or similar activities shall be performed in an enclosed building. (9) Only one accessway for ingress and egress of motor vehicles shall be provided unless otherwise required by PennDOT and/or the township. No accessway shall exceed 35 feet in width nor be less than 15 feet in width. [Amended 6-10-1997 by Ord. No. 90] (10) Access to the street shall be physically controlled by a minimum 10 feet wide landscape strip along all street frontages except where broken for accessways. [Amended 6-10-1997 by Ord. No. 90] (11) All automobile parts and similar articles shall be stored within a building. (12) Junk vehicles shall not be stored in the open at any time. (13) The sale or rental of automobiles, trucks or other motor vehicles shall be prohibited. (14) A service station may contain the following four types of activities: fuel pumps; convenience commercial, which is the sale of convenience food and beverage items; service bays; and/or car wash. Convenience commercial shall be limited to 4,000 square feet of floor area and meet the requirements of the use convenience store (E-17) of this chapter, except that the minimum lot area required for a convenience store operated as part of a service station shall be one acre total. (15) No drive-through windows are permitted for sale of convenience items. J. [Amended 2-13-2001 by Ord. No. 103] E-10 Motor Vehicle Sales: the sale and lease of new and/or used automobiles, boats, motorcycles; or car, motorcycle and/or boat rentals; or the sale and/or rental of travel campers and recreational vehicles. This use may include trucks with a maximum gross vehicle weight not exceeding 10 tons. (1) Lighting. All outside lighting shall be directed in such a way as not to create a nuisance to any adjacent property, and all lighting shall be arranged and shielded so as to protect the street or highway and adjoining property from direct glare or hazardous interference of any kind. (2) All facilities shall be located and all services be conducted within the confines of the lot. (3) All preparation, lubrication, repair, state inspection/emission testing or similar activities shall be accessory to the principal use and shall be conducted within a building. (4) Only one accessway for ingress and egress of motor vehicles shall be provided unless otherwise required by PennDOT and/or the township. No accessway shall exceed 35 feet in width nor be less than 15 feet in width. [Amended 6-10-1997 by Ord. No. 90] (5) Access to the street shall be physically controlled by a minimum ten feet wide landscape strip along all street frontages except where broken for accessways. [Amended 6-10-1997 by Ord. No. 90] (6) All vehicle parts and similar articles shall be stored within a building. (7) Storage or display of automobiles, trucks, boats and other vehicles for sale shall be placed no closer to the ultimate street right-of-way line than 25 feet. (8) There shall be no more than one access point into the facility from each street on which the facility has frontage, unless more than one is specifically permitted by the Board of Supervisors. (9) An auto body shop may be included as an accessory use, incidental and subordinate to the automotive sales, provided that it meets the regulations of use E-11 Automotive Body Repair and Paint Shop, and provided that it is located at the rear or side of the building containing the principal use. (10) All refuse shall be stored within a building or enclosed area. K. E-11 Automotive Body Repair and Paint Shop: establishments doing paint spraying, body and fender work and custom body work. (1) All such work shall be performed within a building. (2) All related automotive parts, refuse and similar articles shall be stored within a building or enclosed area screened from view from the street or surrounding properties. (3) No vehicle shall be stored in the open awaiting repairs for a period exceeding 14 consecutive days, unless screened from all adjacent roads and properties by a fence or compact hedge at least eight feet in height. (4) All facilities and operations must comply with all applicable state and federal regulations. [Added 2-13-2001 by Ord. No. 103] L. E-12 Car Wash. (1) A car wash shall include a water recycling facility. (2) Car washes shall be designed with a stacking area adequate for six cars so that waiting cars do not interfere with traffic flow. (3) The facility shall have a drainage system which ensures that water will not collect on driveways, sidewalks or streets. M. E-13 Shopping Center: a building or a group of buildings, designed as a planned complex of related structures and circulation patterns, subject to the following additional criteria: (1) Such centers shall have a lot area of not less than 10 acres and a lot width of not less than 500 feet at the street right-of-way line. (2) Such centers may only be located on an arterial or higher order road. (3) The shopping center shall be constructed in accordance with an overall plan and designed with a single architectural style, approved by the Board of Supervisors. (4) Regulations dealing with lighting, parking, outdoor storage, buffering, points of access, signs, landscaping and other applicable regulations set forth herein shall be met. (5) All establishments in the shopping center must have vehicular service access either from an individual service yard or from a common service area serving several establishments. All such service areas must be segregated from public areas and screened from public view. (6) Within a tract to be used for a shopping center, subdivision of the tract into individual lots is not permitted. (7) All structures in a shopping center shall be connected either as part of one large structure or by means of pedestrianways or walkways on which pedestrians can move from one building to another without interference from vehicular traffic. No freestanding buildings without such connections shall be permitted as part of a shopping center. N. E-14 Specialty/Neighborhood Shopping Facility: small stores dealing in handicrafts, art, flowers, boutiques, antiques, small specialty household items or other household goods or other similar items; major chain stores, supermarkets, department stores, discount stores, service stations, home centers or variety stores shall not be permitted. (1) Minimum lot area is three acres. (2) The maximum size of any one shop shall be 3,000 square feet. (3) The facility shall be planned and designed as a single complex centering around a pedestrian or common area. (4) The facility shall be designed with a single architectural theme and with signs and lighting compatible with a small-scale shopping facility. (5) The distance, at the closest point, between any two buildings or groups of units of attached buildings shall not be less than 20 feet. O. E-15 Funeral Home: a mortuary or funeral home; but not including a cemetery, columbarium, mausoleum or other permanent storage facility. P. E-16 Recreational Campsites: a lot on which two or more campsites are located, established or maintained for occupancy as temporary living quarters for recreation or vacation purposes. A campsite shall be a plot of ground intended for the accommodation of either a recreational vehicle, tent or other individual camping unit. Such campsites shall be rented by the day, week or month only and occupants of such sites shall not use the campsite as a permanent residence. Campsite facilities may include an accessory retail facility which sells food and consumer items to the residents of the campsite. Such retail facility shall be accessory to the campsite and shall not have more than 1,200 square feet of sales area. (1) The minimum site area shall be 10 acres. (2) The maximum density permitted is 10 campsites per acre. (3) Sewage disposal facilities shall be satisfactory to the Bucks County Department of Health. (4) A minimum of 40% of the site shall be kept as open space, exclusive of buffer yards. Buffer yards shall be 200 feet from all property lines. (5) The maximum stay in the facility by any individual or family shall not exceed six months in any one calendar year. Q. [Amended 2-13-2001 by Ord. No. 103] E-17 Convenience Store: a retail store offering primarily groceries, prepared food items and other small consumer items intended for quick carry-out trade. Where sale of gasoline or fuel is proposed, the use shall be located only in the district where the use service station (E-9) is permitted and only where the requirements for service station use are met. (1) Minimum lot area shall be one acre. (2) Access to the street shall be physically controlled by concrete curbing at least 8 inches in height and a ten-foot-wide landscaped strip along all streets frontages and broken only for accessways. (3) There shall be no more than one access point into the facility from each street on which the facility has frontage, unless specifically permitted by the Board of Supervisors. (4) Such use may only be located on an arterial road. (5) No drive-through windows are permitted. (6) Trash receptacles shall be provided outside. Outdoor collection stations shall be provided for garbage and trash removal. These stations shall be located in the rear of the structure and shall be screened from view and landscaped. (7) Establishments which offer food items for sale, other than prepackaged food items, must meet current Bucks County Department of Health regulations, including a food establishment license and public water supply permit. R. E-18 Adult Entertainment: establishments devoted to the display and selling of materials which are pictures, drawings, photographs, videos or other depictions or printed material and paraphernalia or explicit sexual materials which, if knowingly sold to or viewed by a child under 18 years of age, would violate the criminal laws of the Commonwealth of Pennsylvania in effect at the same time thereof. The following provisions shall also apply: (1) A building or structure for such use shall be located no less than 500 feet from any residential use or residential district, public or private school, church, recreation facility or park or any other religious, educational or institutional use. (2) No materials sold within shall be visible from any window, door or exterior of the building. (3) No persons under the age of 18 years of age shall be permitted within an adult entertainment establishment. S. E-19 Mini-Warehouse. Such use shall be limited to the storage of personal property within a mini-warehouse structure. (1) Such use shall be surrounded by a physical barrier, such as a fence, measuring at least six feet in height, and by a buffer strip at least ten feet in width. The buffer strip shall be planted outside of the fence or other barrier and shall consist of plants which will hide the fence from view from the street and other properties. (2) The minimum driveway width between buildings shall be 25 feet. (3) No business activity other than leasing of storage units shall be permitted. (4) All storage shall be within enclosed buildings, except that no more than 10% of the total storage area may be devoted to outdoor parking spaces for boats, cars, recreational vehicles or other noncommercial vehicles. (5) Storage of explosive, radioactive or highly flammable materials and chemicals is prohibited. T. E-20 Flea Market: the outdoor sale of handicraft items, art, flowers, household goods and antiques. (1) The maximum site area shall be 10 acres. (2) The minimum site area shall be five acres. (3) The minimum setback from all property lines and the street right-of-way line shall be 50 feet. (4) A planted buffer 25 feet in width shall be provided wherever the use abuts a noncommercial district or use. (5) Snack stands and food vendors operating outside an enclosed building are permitted. Vending machines located outside an enclosed building are prohibited. (6) Tables and other accessories to the flea market use shall be stored within a completely enclosed building when the market is not open or otherwise in operation. U. E-21 Commercial Kennel. The keeping of more than 10 dogs and/or domesticated animals that are more than four months old for breeding, boarding, grooming and training is permitted, provided that the following conditions are met: (1) Minimum lot size shall be 10 acres. (2) No animal shelter or runway shall be located closer than 300 feet to any property line. (3) The kennel shall be constructed so that the animals cannot stray therefrom. (4) The property shall have a buffer yard 20 feet in width containing a dense screen of plantings, planted in accordance with ~ 234-30 of this chapter, along all property and street lines. (5) The number of dogs and/or other domesticated animals shall not exceed 10 per acre. ~ 234-22. Common carriers, public utilities and public service organizations use regulations. A. [Amended 5-11-1999 by Ord. No. 97] F-1 Utility Operating Facility: a transformer station, pumping station, electrical substation, sewage treatment plant and other public utilities not including a public incinerator, public or private landfill or telecommunications facility. (1) For broadcasting towers and water storage facilities, the maximum height shall be determined by the Board of Supervisors in accordance with the needs of the facility as well as the need to protect community safety and appearance. A broadcast tower is a tower to be used for broadcasting on public airwaves and licensed by the Federal Communications Commission, not a private broadcast facility for use by ham radio operators or other individual broadcasters. (2) The following minimum setbacks from all property lines shall be provided: (a) Water tower: setback not less than the height of the tower, plus 100 feet. (b) Electrical substation: 50 feet. (c) Well facility: 100 feet. (d) Sewer pumping station: 50 feet. (e) Water treatment facility: 100 feet. (f) Water pump station: 20 feet. (g) Sewage treatment plant: 200 feet. (h) Broadcasting tower: setback not less than the height of the tower, plus 200 feet. (i) All other uses: 50 feet. (3) The area required for each facility shall be adequate to accommodate the above setbacks, parking requirements and other building requirements. (4) No parking shall be permitted within the required setbacks. (5) No zoning permit shall be required for utilities to be located in public streets or rights-of-way. (6) These standards shall apply to utility operating facilities which are principal uses as well as to utility operating facilities which are accessory uses. B. F-2 Emergency Services: emergency services such as fire, ambulance, rescue and other emergency services of a municipal or volunteer nature. (1) For facilities without a community room, there shall be a minimum lot size of one acre. (2) For facilities with a community room, there shall be a minimum lot size of two acres. C. [Added 5-11-1999 by Ord. No. 97] F-3 Telecommunications Facility: equipment and structures involved in receiving, transmitting or relaying telecommunications or radio signals including cellular telecommunications facilities (which consist of the equipment and structures involved in receiving telecommunication or radio signals from a mobile communications source and transmitting those signals to a central switching computer which connects the mobile unit with the land based telephone line). Such use includes telecommunications equipment, buildings and towers. Such use shall be considered a principal use of the property and is permitted as an additional use on the property, by conditional use approval subject to the requirements set forth herein and in ~~ 234-48 and 234-49 of this chapter. (1) Before granting conditional use approval for telecommunications facilities, the applicant shall demonstrate to the satisfaction of the Board of Supervisors of Nockamixon Township that the following requirements have been met: (a) The location of the tower and equipment building shall comply with all natural resource protection standards of this chapter. (b) An eight-foot-high security fence shall completely surround the tower (and guy wires, if used) and equipment building. (c) The following buffer plantings shall be located around the perimeter of the security fence: [1] An evergreen screen shall be planted that consists of either a hedge, planted three feet on center maximum, or a row of evergreen trees planted ten feet on center maximum. [2] Existing vegetation (greens and shrubs) shall be preserved to the maximum extent possible. (d) An antenna may not be located on a building or structure that is listed on a historic register or is in a historic district. (2) Single use or use combined with another use. A telecommunications facility is permitted on a property either as a single use or a use together with an existing use subject to the following conditions: (a) The existing use on the property may be any permitted use in the district or any lawful nonconforming use and need not be affiliated with the telecommunications provider. (b) The telecommunications facility shall be fully automated and unattended on a daily basis and shall be visited only for periodic maintenance. (c) The minimum lot area shall be the area for a telecommunications facility and shall be such area as is determined by the Board of Supervisors to be needed to accommodate the tower, the equipment building, security fence and buffer planting. If the telecommunications facility is to be established on a property with an existing use, the remaining land associated with the primary use after deduction of the lot area required for the telecommunications facility must meet the minimum lot area for the zoning district in which the property is located. (3) Minimum setbacks. A tower must be located not less than 100 feet from the property line, and the telecommunications building shall comply with the minimum setback requirements for the zoning district in which it is located. (4) Access. Vehicular access to the equipment building shall, whenever feasible, be provided along the circulation driveways of the existing use. (5) Maximum height of tower. The tower must be the minimum height necessary to meet the service needs of the applicant unless the Board of Supervisors shall approve a specific plan for the location on the tower by other telecommunications users at usual and customary rates. However, in no event shall a tower or antenna exceed 200 feet in height from ground level. (6) Telecommunications facility combined with an existing structure. Telecommunications equipment, including antenna, may be attached to an existing structure or building subject to the following conditions: The telecommunications tower or facility, when combined with an existing structure, shall not exceed the maximum height provided in Subsection C(5) hereof. (7) Additional requirements for conditional use. (a) The applicant shall demonstrate, using technical evidence, that the telecommunications facility must be located where it is proposed in order to provide safe and reliable service within the service area of the applicant. (b) The applicant shall present documentation that the tower is designed in accordance with the standards cited in this chapter for telecommunications towers. (c) The applicant shall present a site plan showing the following items: [1] Locations of all existing uses and proposed telecommunications facilities. [2] Elevations of any existing uses and proposed telecommunications facilities. [3] Vehicular access, fencing and any easements for access and utilities. (d) The applicant shall demonstrate that the height of the tower for the telecommunications facility is the minimum height necessary for the service area unless the township approves a plan for collocation by other telecommunications users in accordance with Subsection C(5) hereof. (e) The telecommunications facility shall comply with all state and federal laws and regulations concerning aviation safety. (f) The applicant shall demonstrate that the proposed telecommunications facility and tower are constructed in a manner consistent with all applicable industry standards; and the surrounding area will not be adversely affected by support structure failure, falling ice or other debris; and electromagnetic fields or radio frequency interference are within the limitations of the latest editions of standards set by the following oversight organizations: [1] The American National Standards Institute (ANSI-C95.1, as amended). [2] The Institute of Electrical and Electronic Engineers (IEEE-C95.1, as amended). [3] The National Council on Radiation Protection and Measurements (NCRP). [4] The International Radiation Protection Association (IRPA). In addition, all towers and support structures shall be fitted with anti-climbing devices, as approved by industry standards. (g) In order to reduce the number of towers and/or antenna support structures required in the township, the following standards shall be met: [1] All towers and support structures shall be designed to permit accommodation of future users in a manner approved by the township. [2] Applicant shall document that existing telecommunications facilities are not available for collocation at usual and customary rates. [3] The applicant shall document that owners of all tall structures within a one-mile radius of the site proposed have been contacted for permission to install telecommunications facilities thereon and that such structures will not meet the service needs of the applicant or that use of said structures cannot be obtained at a fair and reasonable cost consistent with charges made for similar facilities. [4] The applicant shall demonstrate that other telecommunication licensees have been contacted, with the objective of encouraging collocation of licensed antennas on the proposed tower. [5] The applicant shall demonstrate that it has investigated utilizing municipally owned properties and that such properties are either unavailable or cannot meet the service requirements of the applicant. [6] Applicants erecting a new tower shall agree to permit collocations on the towers at usual and customary rates for collocations. [7] All other requirements of Nockamixon Township Ordinances and state and federal regulations shall apply to telecommunications uses. (h) Construction standards. In addition to the above, the following construction standards shall be met: [1] The tower shall be designed and constructed to all applicable standards of the American National Standards Institute, ANSI/EIA 222-E manual, as amended. [2] A soil report complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA 222-E, as amended, shall be submitted to document and verify the design specifications of the foundation for the tower and anchors for the guy wires, if used. [3] Towers and antennas shall be designed to withstand the effects of the wind according to the standards designated by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association and Telecommunications Industry Association (ANSI/EIA/TIA 222-E Code, as amended). (i) Removal. A tower which ceases to use to receive, transmit or relay telecommunication or radio signals for a continuous period of six months shall be disassembled, removed and the area on which it was constructed shall be restored to substantially the condition which existed prior to the construction of the tower. At the time a building permit is issued for the construction of the tower, a bond or other financial security, in an amount approved by the Board of Supervisors, shall be deposited to assure the removal of the tower when it ceases to be used as a telecommunications tower as provided for herein. ~ 234-23. Industrial use regulations. A. G-1 Manufacturing: establishments engaged in the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the manufacturing of products and th |