1286.01 TEMPORARY STRUCTURES
Temporary structures used in conjunction with construction work shall be permitted only during the period that the construction work is in progress. Permits for temporary structures shall be issued for a six-month period. Residing in the basement or foundation of a temporary structure before completion of the total structure shall not be permitted. Temporary displays and structures not meeting the conditions of this section shall be permitted for a period not to exceed six months, as determined by the Board of Township Commissioners, as a conditional use.
1286.02 OFF-STREET LOADING AND PARKING
Off-street loading and parking spaces shall be provided in accordance with the specifications in this section, in all districts, whenever any new use is established or an existing use is enlarged.
(a) Off-Street Loading. Every building which requires the receipt or distribution by vehicles of materials or merchandise shall provide off-street loading berths in accordance with the following table:
Off-Street Loading Space Requirements
Each loading space shall not be less than fourteen feet in width, fifty-five feet in length, and fourteen feet in height.
(b) Off-Street Parking. Each off-street parking space shall have an area of not less than 200 square feet, exclusive of access drives or aisles, and shall be not less than ten by twenty feet. Except in the case of dwellings, no parking area shall contain less than three spaces and the following provisions must be met. There shall be adequate ingress and egress to all parking spaces. Parking areas shall be designed to provide sufficient turn-around area so that vehicles are not required to back into roads. Where a lot does not abut on a public or private alley or easement of access, there shall be provided an access drive leading to the parking or storage areas or loading spaces. Such access drive shall not be less than fifteen feet wide for one-way drives. For two-way drives, such access drives shall not be less than twenty feet wide. Access to off-street parking areas shall be limited to well-defined locations, and in no case shall there be unrestricted access along the length of a street or alley. All parking areas and access drives shall be improved by all-weather surfacing, as defined in Section 1260.08(51).
(c) Number of Parking Spaces Required. The number of off-street parking spaces required is set forth below. Where the use of the premises is not specifically mentioned, requirements for similar uses shall apply.
Off-Street Parking Space Requirements
(d) Location of Parking Areas. Required parking spaces shall be located on the same lot with the principal use. Parking spaces may be located not more than a distance of 400 feet from the lot of the principal use if located in the same zoning district as the principal use, and it is impractical to provide parking on the same lot with principal use.
(e) Screening and Landscaping. Off-street parking areas for more than five vehicles, and off-street loading areas, shall be effectively screened on each side which adjoins or faces any residential use.
(f) Minimum Distances and Setback. No off-street loading or parking area for more than five vehicles shall be closer than twenty feet to any adjoining property containing a dwelling, school, hospital, or similar institution.
(g) Surfacing. All parking areas and access drives shall be constructed with all-weather surfacing, graded and drained to dispose of all surface water, have means of dust control provided, and be designed to provide for orderly and safe loading and parking.
1286.03 WATER RECREATION AND WATER STORAGE AREAS
Any facility for water recreation, such as swimming clubs or any other water storage facility, such as reservoirs, fish hatcheries, sewage lagoons and stormwater retention facilities, may be allowed as a conditional use provided the following requirements are met:
(a) The facility must meet the setback requirements of the district.
(b) The facility must be enclosed by a fence not less than four feet above ground level to prevent uncontrolled access by small children for safety reasons.
(c) The facility, if operated to attract visitors, must provide ample parking space as will be established by the Board of Township Commissioners.
(d) Before a permit shall be issued to the operator or owner of the facility, other than a private swimming pool, a plan shall be submitted according to Section 1284.02(b). For private swimming pools, see Section 1286.035.
1286.035 PRIVATE SWIMMING POOLS
Where permitted, swimming pools, as defined by the most current edition of the International Residential Code (IRC), shall comply with the following conditions and requirements:
(a) The swimming pool is intended and is to be used solely for the enjoyment of the occupants of the principal use of the property on which it is located.
(b) The swimming pool may be located only in the rear yard or side yard of the property on which it is an accessory use.
(c) The swimming pool, including any above-ground decking, shall not be closer than five feet to any property line of the property on which the swimming pool is located.
(d) The swimming pool area or the entire rear and/or side of the property on which it is located shall be so walled or fenced or otherwise protected as to prevent uncontrolled access by children from the street or from adjacent properties. Such barrier shall not be less than four feet nor more than six feet in height and shall be maintained in good condition. When a fence is used, it shall not have any openings greater than two inches in width, except for necessary gates, which shall have appropriate catches or locks so as to control access. When such fence is formed of metal or wire, such metal or wire shall be not less than number six gauge.
(e) In addition to the zoning permit for the construction of a swimming pool, a building permit must also be obtained, which shall require compliance with all applicable codes, including the then current edition of the International Residential Code (IRC). The requirements of the IRC are more stringent than the requirements set forth in this section.
1286.04 SIGNS (REPEALED)
(Editor’s Note: Section 1286.04 was repealed by implication by Ordinance 392-97, passed November 25, 1997. See Chapter 1285.)
1286.05 FENCES AND WALLS
(a) Generally. Subject enclosures shall not exceed a height of six feet in any Residential District, except when located along a rear lot line not fronting a public right of way, in which case the height shall not exceed ten feet, or whenever any multiple-family structure abuts a single-family dwelling (see Section 1286.06(c)). Within the B-1 Business District, the height of such enclosures shall not exceed eight feet and within the I-1 Industrial District, the height may be increased to twelve feet. A six-foot high fence, either visually solid or a cyclone-type fence with hedge plantings, shall be required along all portions of the B-1 Business District and the I-1 Industrial District which abut an R-1 Residential District, R-2 Residential District, or C-1 Conservation District that does not abut street, alley or railroad rights of way. The distance of height shall be determined from the ground level below the enclosure. No enclosure shall project beyond the front setback line of any structure, other than corner lots. There are no setback minimum distances established for side or rear yards, other than corner lots, unless such yards should abut a public right-of-way.
(b) Corner Fencing
(1) Privacy or Visually Solid Fencing. Privacy or visually solid fencing is permitted on corner lots parallel to the non-address side of the dwelling, starting at the rear corner of the dwelling and extending to the rear lot line. This fence shall not exceed four feet in height as measured from ground level at the fence site. Privacy fencing may be used to replace existing fencing, not to exceed four feet in height as measured from ground level at the fence site.
(2) Decorative Fencing. Decorative corner lot fencing may be allowed on residential corner lots, provided that the fencing is only on the portion of the property which is parallel to a public right-of-way and is not less than seven feet from the curb line or one foot back from the sidewalk, where applicable. This will be exclusive of front yard setbacks. Fencing shall also be allowed along the paved walkway which leads from the public sidewalk to the front entrance. This portion of fencing does not have to comply with the “one foot back from the sidewalk” stipulation. None of the fencing mentioned in this division shall exceed three feet in height (to the top of the post), be visually solid or project into the public right-of-way. No provision of this division shall be deemed to conflict with any provision of division (a) of this section.
(c) Other Lots. Decorative fencing may be allowed on residential lots, provided that the fencing is only on the portion of the property which is parallel to the public right-of-way which abuts the property line and is not less than seven feet from the curb line or one foot back from the sidewalk, where applicable. This will be exclusive of front yard setbacks. Decorative fencing shall also be allowed along the paved walkway which leads from the public sidewalk to the front entrance. This portion of fencing does not have to comply with the “one foot back from the sidewalk” stipulation. None of the fencing mentioned in this division shall exceed three feet in height (to the top of the post), be visually solid or project into the public right-of-way. The length of the fencing shall not exceed the width of the lot.
1286.06 APARTMENT BUILDINGS, CONDOMINIUMS, AND TOWNHOUSES
Apartment buildings, condominiums, and townhouses may be allowed as a special exception use, provided the following requirements are met.
(a) Apartment buildings, condominiums, and townhouses are considered multi-unit building(s), regardless of ownership, rental or lease status, and the standards governing development of each within the R-2 District shall be the same as are prescribed for multiple-family units in Section 1280.01.
(b) Prior to the approval of a condominium, the Township shall be provided with an approval copy of the Declaration Plan required via the Pennsylvania Unit Property Act of 1963. Any other requirements that may be applicable to condominiums, apartments, and townhouses, such as Pennsylvania Department of Labor and Industry regulations, must also be complied with, and any permit required by the Commonwealth must be provided to the Township.
(c) Whenever any multiple-family structure, as provided herein, abuts a single-family dwelling, the owner of the multiple-family structure shall be required to construct a fence or barrier not less than five nor more than seven feet high in all yards abutting a single-family dwelling.
1286.07 APARTMENT CONVERSIONS
A dwelling within an R-2 District existing on the effective date of this Zoning Code (Ordinance 300-85, passed March 4, 1985) may be converted into additional dwelling units as a special exception use, provided the following requirements are met:
(a) All district requirements (Sections 1280.01 and 1280.02) shall be met, as well as any other pertinent supplementary regulations of this Zoning Code.
(b) Structural additions to the building shall be limited to an amount not to exceed 25% of the interior living space of the building as it exists before conversion. A minimum interior living space of 700 square feet per unit must also be met for each apartment created. Firewalls cannot be altered or tampered. A basement is not considered part of interior living area. See Section 1260.08(4).
(c) Adequate emergency fire access for ingress and egress, as determined by the Commissioner responsible for public safety, must be provided for each conversion dwelling created.
(d) Plans for all conversions must be prepared by a registered architect. Such plans must clearly indicate that adequate light, ventilation, and fireproofing are provided for, that each dwelling shall have separate kitchen and bath facilities, and that each unit shall be functional, convenient, and private.
1286.08 RESIDENTIAL USES WITHIN BUSINESS DISTRICT
Residential occupancy within the B-1 District may be allowed as a special exception use, provided the following requirements are met.
(a) The ground floor of the principal structure shall be devoted to the commercial activities as permitted in the B-1 District.
(b) The minimum interior square feet of each unit must be at least 600 square feet.
(c) All other basic standards of Sections 1280.01 and 1280.02 shall be met for new developments.
(d) A minimum of two means of entrance and exit shall be maintained for each floor on which a residential unit or units are located, and the requirements of the Pennsylvania Department of Labor and Industry shall be met.
1286.09 MULTIPLE-FAMILY DWELLINGS
A multiple-family dwelling is defined as a building which houses a group of persons, for either a temporary or permanent duration, and is not in conformance with the definition of a family of this Zoning Code. Examples of such buildings include, but are not necessarily limited to, the following: boarding, rooming, tourist, and fraternity houses. Due to the fact that such structures are residential in nature and contain a higher concentration of persons residing in a common structure, they may be allowed as a special exception use provided the following requirements are met:
(a) The building must meet the respective minimum lot size of the R-2 District and the minimum enclosed living area requirement (900 square feet) for the first four unrelated persons or the first family if one should exist.
(b) For each additional person residing over the amount specified in the family definition, an additional 300 square feet of heated living area must be provided.
(c) Two off-street parking spaces shall be provided for the first family or first four unrelated individuals, and an additional space for each bedroom thereafter. The size of space and access shall be in accordance with Section 1286.02(b).
(d) The building must receive approval from the Commonwealth of Pennsylvania’s Department of Labor and Industry as instructed in Act 299, the Fire and Panic Law, as amended.
(e) If the multiple-family building abuts an R-1 District or an adjacent single-family dwelling unit, a buffer area composed of acceptable fence, structure, or vegetation is required within five feet of the property line on the side and rear yards comprised of the following:
(1) Fences, solid type, neat and properly maintained on both sides, between five and seven feet high. Examples of acceptable fencing including basketweave type, vertical board type, horizontal board type, cyclone type with opaque inserts, or stockyard type.
(2) Walls of concrete between five and seven feet in height.
(3) Walls of evergreen vegetation, such as spruce or pine, no less than three feet at planting, and maintained and/or replaced as necessary to provide a continuous and perpetual visibility shield.
(f) All other applicable requirements of the R-2 District must be met as are listed in Sections 1280.01 and 1280.02.
1286.10 HOME OCCUPATIONS GENERALLY; BED AND BREAKFAST ESTABLISHMENTS
(a) No-Impact Home-Based Business. A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client, or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. A no-impact home-based business is a permitted use and shall not require a home occupation permit. The business or commercial activity must satisfy the following requirements:
(1) The business activity shall be compatible with the residential use of the property and surrounding residential uses.
(2) The business shall employ no more employees other than family members residing in the dwelling.
(3) There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
(4) There shall be no outside appearance of a business use, including, but not limited to, parking, signs, or lights.
(5) The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
(6) The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
(7) The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
(8) The business may not involve any illegal activity.
(b) Home occupations may be allowed as a special exception use, provided the following requirements are met, and shall be clearly incidental and secondary to the use of the dwelling unit for residential purposes. All home occupations, as defined in Section 1260.08, require permits.
(1) The area devoted to the home occupation, whether carried out in the principal structure or in an accessory structure, shall not exceed thirty percent of the floor area of the principal structure.
(2) There shall be no exterior display, no exterior sign other than permitted under Section 1286.04(c), no exterior storage of materials and no exterior indication of the home occupation or variation from the residential character of the principal structure.
(3) No noise, vibration, smoke, dust, odors, heat, excessive traffic, or glare shall be produced other than permitted under Section 1286.17(d)(1) through (11).
(4) A home occupation shall not be interpreted to include barber shops, kennels, motor vehicle or auto body shops, restaurants or medical and dental clinics or the equivalent.
(5) Not more than one employee not residing on the premises or in the house shall be employed in said occupation.
(6) The parking need generated by the conduct of a home occupation shall be met off the street and not within the required front yard.
(c) Bed and breakfast establishments shall meet the following additional requirements:
(1) To insure compliance with these regulations, a zoning permit and certificate of occupancy shall be secured as provided for in Section 1262.03 prior to the use of any dwelling as a bed and breakfast establishment.
(2) Sleeping accommodations shall be located only within the dwelling and shall be limited to two rooms with bath, if provided, with a total size not to exceed thirty percent of the dwelling.
(3) The length of stay per guest shall be limited to seven days per thirty-day period.
(4) One off-street parking space shall be provided for guests of each room of the bed and breakfast establishment, provided that in no case shall the total number of guard parking spaces exceed two.
(5) Meals for compensation shall be provided only to guests of the bed and breakfast establishment and shall be limited to breakfast.
(6) No more than one bed and breakfast establishment is permitted per lot.
(7) The building must receive approval from the Commonwealth of Pennsylvania’s Department of Labor and Industry as instructed in Act 299, the Fire and Panic Law, as amended.
1286.11 AUTOMOTIVE SERVICE ESTABLISHMENTS
Automotive service establishments, including gasoline service station repair garages may be allowed as a special exception use, provided the following requirements are met.
(a) Any such use or vehicular access thereto shall not be located within 200 feet of any school, playground, or church.
(b) Means of ingress and egress shall be located no closer than fifty feet from the intersecting right-of-way lines of street intersections, nor shall any such ingress or egress be located within fifty feet of any Residential District.
(c) Access drives shall not exceed twenty feet in width within ten feet of the street right-of-way line.
(d) Access drives shall not exceed two per lot on any one street frontage.
(e) No equipment, such as gas or oil pumps, or vehicular parking shall be within fifteen feet of the street right of way.
1286.12 AUTOMOTIVE DEALER ESTABLISHMENTS
Automotive dealer establishments may be allowed as a special exception use, provided the following requirements are met.
(a) Any such use must comply with the requirements set forth in Section 1286.11 for automotive service establishments.
(b) All equipment and parts shall be stored within the building.
(c) The repair shop shall be to the rear of the sales room.
(d) The area of the lot used for the display and sale of vehicles shall be kept dust-free and well-drained.
1286.13 CAR WASHES
Car washes may be allowed as a special exception use, provided the following requirements are met:
(a) The site shall have a minimum frontage of 100 feet.
(b) Any such use or vehicular access thereto shall not be located within 100 feet of any Residential District, nor any school, playground or church.
(c) Separate entrance and exit driveways shall be provided, and these shall be limited to a maximum of one of each on each abutting street. The entrance and exit driveways shall not be less than thirty feet apart at the street right-of-way.
(d) Entrance and exit driveways shall be located no closer than fifty feet from the intersecting right-of-way lines of street intersections, and these access driveways shall not exceed twenty feet in width nor be less than ten feet in width within ten feet of the street right of way.
(e) They shall provide an area of at least 800 square feet beyond the exit end of the washing building to be used for hand finishing operations of the washing process.
(f) The owner shall provide a site plan of the proposed operation, showing the location of entrances and exits, the building housing the equipment, the parking areas, the distance to nearest street intersection, property lines, and setbacks.
1286.14 DRIVE-IN ESTABLISHMENTS
Drive-in establishments may be allowed as a special exception use and area subject to the requirements set forth in Section 1286.13(a), (b), (c), (d) and (f).
1286.15 MOBILE HOME PARKS
Mobile home parks may be allowed as a special exception use, provided the following requirements are met.
(a) No park shall have an area of less than ten acres.
(b) Each mobile home site within the park shall have an area of at least 3,000 square feet, with a minimum width of forty feet.
(c) No portion of a mobile home may be closer than eight feet from an adjacent lot line. An exception to this standard shall be provided for porches, canopies, steps and other attachments, which may project to six feet from an adjacent lot line.
(d) No mobile home shall be closer than forty feet to an adjacent property line.
(e) Not less than ten percent of the gross area of the park shall be improved for recreational activities of the residents of the park.
(f) The park shall be appropriately landscaped and screened from adjacent properties.
(g) All mobile homes within the park shall be connected to public water and sewer systems.
(h) A permit must be secured for each mobile home moved into or removed from the mobile home park.
(i) The park developer must provide garbage and trash removal for all mobile homes and shall install fire hydrants at his/her expense, as specified by the Chief of the Lawrence Park Fire Department.
(j) The park developer and/or owner must provide at his/her own expense adequate cartway and lighting for the safety and welfare of the park residents.
1286.16 AUTOMOTIVE SALVAGE YARDS, JUNK YARDS, AND STORAGE YARDS
Automobile salvage yards, junk yards, and storage yards may be allowed as a special exception use, provided the following requirements are met. Such use shall be completely screened on all sides with a visually solid fence or wall at least eight feet in height, and not more than twelve feet in height. All fencing or walls shall be maintained in good condition. All junk shall be stored or arranged so as to permit access by firefighting equipment and to prevent the accumulation of water, and with no junk piled at a height above the level of the fence or wall. No oil, grease, tires, gasoline, interiors of vehicles or other similar material shall be burned at any time. Any junkyard shall be maintained in such a manner as to cause no public or private nuisance, nor to cause any offensive or noxious sounds or odors, nor to cause the breeding or harboring of rats or other vectors.
1286.17 INDUSTRIAL PERFORMANCE STANDARDS
The purpose of the industrial performance standards is to protect the health, safety, and well being of adjacent residential and commercial property owners and the community as a whole by regulating the potential objectionable, nuisance or hazardous effects of industrial operations such as noise, vibration, odor, glare, heat, explosive materials and electrical disturbance.
(a) The Zoning Administrator may require the applicant to submit further information and evidence as need to make a final determination, including, but not limited to, any of the following:
(1) Plans of the proposed construction and development.
(2) A description of the proposed machinery manufacturing process, raw materials products and by-products.
(3) Specifications for the techniques proposed to be used in restricting the emission of any of the hazardous or objectionable elements controlled by the performance standards.
(4) Measurements of the amount or rate of emission of hazardous or objectionable elements controlled by the performance standards.
(5) Evidence of compliance with applicable State and Federal laws covering air and water pollution, and solid and hazardous waste disposal, including a description of type and amount of liquid, solid, and hazardous wastes generated, and plans for their safe disposal.
(b) The Township may require the applicant to retain an expert consultant to study and report as to compliance or noncompliance with the performance standards, and to advise how a proposed use can be brought into compliance with the standards. The consultant or consultants shall be persons or firms mutually agreeable to the Township and the applicant. In the event of inability to select a mutually agreeable consultant, the Township shall select the consultant. The cost of the consultant’s services shall be borne by the applicant.
(c) The Zoning Administrator shall investigate any purported violation of the industrial performance standards, relying on the resources and enforcement authority of State and Federal regulatory agencies if applicable. In extreme cases or cases over which the Township has full authority, the Zoning Administrator may retain the services of expert consultant or certified environmental testing laboratories. The service of any consultants retained in the Zoning Administrator’s investigation shall be paid by the violator if the violation is established, otherwise by the Township. If the Zoning Administrator finds that a violation has occurred or exists, a copy of his/her findings shall be sent to the industrial owner or operator, with instructions to correct the violation within a specified time period. If after the conclusion of the time granted for compliance with the performance standards, the Zoning Administrator finds the violation is still in existence, any permits previously issued shall be void and the operator shall be required to cease operation until the violation is remedied.
(d) The following performance standards shall be met and maintained by all industrial and home occupation uses after the effective date of this Zoning Code (Ordinance 300-85, passed March 4, 1985):
(1) Noise. At no point on the boundary of the industrial property line or beyond shall the sound pressure level of any individual industrial operation or plant exceed the decibel levels in the designated octave bands shown in the following table:
(2) Vibration. At no point at the boundary of the industrial property or beyond shall any vibration emanating from an individual industrial operation or plant be discernible without the use of instruments.
(3) Odor. At no point at the boundary of the industrial property or beyond shall any odor emanating from an individual operation or plant exceed the odor threshold. (The odor threshold is the concentration in the air of a gas or vapor which is considered objectionable to the average person’s olfactory system.)
(4) Glare. Any industrial operation or activity producing glare shall be performed within a completely enclosed building and be conducted so that direct and indirect illumination from the source of light on the lot shall not cause illumination in excess of one-half foot candle, when measured at a Residential or Business District line. Exposed sources of light shall be shielded, and flickering or intense sources of light shall be controlled so as not to cause illumination in excess of one-half foot candle when measured at a Residential or Business District Line.
(5) Heat. Any operation producing intense heat shall be performed within a completely enclosed building in such a manner as not to create a public nuisance or hazard at or beyond the lot line of the property.
(6) Electrical Disturbance. The proposed use shall not cause any electrical disturbance that would create visual or audible interference in radio or television reception off the premises.
(7) Fire Protection. Fire protection and fighting equipment acceptable to the American Insurance Association shall be readily available when any activity involving the handling or storage of flammable or explosive materials is carried on.
(8) Air and Water Pollution. The applicant shall demonstrate compliance with all applicable standards and regulations of the U.S. Environmental Protection Agency and the Pennsylvania Department of Environmental Resources and the Pennsylvania Bureau of Labor and Industry concerning allowable air emissions, disposal of wastewater and solid waste, and control and safe disposal of hazardous materials. In monitoring the applicant’s compliance with these standards, the Township will rely on the Pennsylvania Department of Environmental Resources to investigate potential violations and take enforcement action, if necessary.
(9) Radioactivity. Applicable Federal regulations will be enforced.
(10) Dust Control. Dust and other airborne particulate pollution from such sources as storage areas, yards, roads, construction sties or industrial operations shall be minimized at all times through landscaping, paving, oiling, fencing or other effective means.
(11) Screening. The Township reserves the right to require screening by solid fencing and/or walls or other means at appropriate heights and distances should there be a need for aesthetic or functional screening from adjacent properties.
1286.18 RENEWABLE ENERGY SOURCES
Renewable energy sources may be allowed as a special exception use, provided the following requirements are met. Within Residential Districts, the proposed renewable energy course must be compatible with the residential character of the immediate neighborhood.
1286.19 NATURAL GAS PRODUCTION
Production operations for the extraction of natural gas or oil from the ground shall be considered a temporary use, and may be allowed as a conditional use, provided the following minimum requirements and any other measures that the Board of Township Commissioners might specify to protect the public interest are met, and a permit shall be required for each property. No permit shall be issued before proof of compliance with the Pennsylvania Oil and Gas Act (Act 223 of 1984) is presented.
(a) Shallow well (less than 1,500 foot depth) minimum setbacks shall be as follows:
(b) Deep well (1,500 foot or more depth) minimum setbacks shall be as follows:
(c) The operator shall file with the Zoning Administrator a plan showing the location of adjacent properties, roads, and natural features.
(d) The operator shall submit to the Township for approval a plan for the restoration of the area, which shall include anticipated future use of the restored land, the proposed final topography indicated by contour lines of no greater interval than five feet, steps which will be taken to conserve the topsoil, and the location and size of permanent above-ground structures or other improvements contemplated.
1286.20 COMMUNITY RESIDENTIAL FACILITIES
Community residential facilities are considered a residential use and may be allowed as a special exception use, provided the following requirements are met.
(a) A community residential facility is a facility providing residence and specialized services for eight or less developmentally disabled, mentally retarded, mentally ill, physically handicapped, elderly persons or dependent children referred by the appropriate Erie County or State agency responsible for placement, and qualified staff who provided twenty-four hour care, supervision, and services for such residents. Such facilities are commonly known as group homes, nursing homes, and foster homes.
(b) In order to qualify for assignment to a community residential facility, mentally ill persons shall be certified by the Erie County Mental Health and Retardation authorities as capable of residing in such a facility and receiving services from a local community mental health program. No persons receiving treatment under Article III (Involuntary Examination and Treatment) or Article IV (Determinations Affecting Those Charged with Crime or Under Sentence – but not including those serving probation) of the Mental Health Procedures Act of July 9, 1976, as amended, shall be eligible for such facility.
(c) All provisions of the R-2 District shall be complied with concerning community residential facilities, including, but not limited to, family size, setback restrictions, and minimum lot size.
(d) No community residential facility shall be located within 1,000 feet of any other such facility.
(e) Each community residential facility shall register its exact location, capacity, and agent with the Township. The agent shall be responsible for maintaining the facility to ensure that it is compatible in appearance and condition to the other private residences in the area.
1286.21 FAMILY DAY CARE HOMES
A family day care home or babysitting service involving four to six unrelated children being cared for in an existing residence in the R-1, R-2 and B-1 Districts may be allowed as a home occupation and is subject to the requirements set forth in Section 1286.10, provided the following requirements are met:
(a) Proof of registration and a certificate from the Pennsylvania Department of Public Welfare (DPW) for the facility shall be obtained.
(b) Any outdoor play or instruction areas shall be enclosed with a minimum four-foot fence or wall which complies with Section 1286.05.
(c) If necessary for children to traverse to an off-site play lot or area, an official route must be submitted to the Police Chief for approval and a responsible adult must supervise the children at all times.
(d) Any applicable State and Municipal building and fire safety code requirements must be met.
1286.22 GROUP DAY CARE HOMES
Group day care homes involving seven to twelve unrelated children being cared for in an existing residence in the B-1 District may be allowed as a home occupation and are subject to the requirements set forth in Section 1286.10, provided the following requirements are met:
(a) Proof of registration and a certificate from the Pennsylvania Department of Public Welfare (DPW) for the facility shall be obtained.
(b) Any outdoor play or instruction areas shall be enclosed with a minimum four foot fence or wall which complies with Section 1286.05.
(c) If necessary for children to traverse to an off-site play lot or area, an official route must be submitted to the Police Chief for approval and a responsible adult must supervise the children at all times.
(d) Any applicable State and Municipal building and fire safety code requirements must be met.
1286.23 CHILD DAY CARE USE CENTERS
Any children’s care of more than six unrelated children conducted in a structure which is not an existing residence shall be considered a day care center or private nursery/kindergarten and/or as defined by Pennsylvania Department of Public Welfare (DPW) regulations.
A day care center and/or private nursery/kindergarten must be allowed in the B-1, C-1, and I-1 Districts as a permitted use, provided the following requirements are met:
(a) Proof of inspection by the Department of Labor and Industry prior to the grant of licenses for either day care center or a nursery/kindergarten.
(b) Fencing as may be required by the Department of Public Welfare.
(c) Proof of registration and a certificate from the DPW for the operation of a day care center.
(d) Proof of registration and a certificate from the Pennsylvania Department of Education (PDE), State Board of Private Academic Schools, for the operation of a private nursery/kindergarten.
(e) If necessary for children to traverse to an off-site play lot or area, an official route must be submitted to the Police Chief for approval and a responsible adult must supervise the children at all times.
(f) Any applicable State and Municipal building and fire safety code requirements must be met.
1286.24 BOTTLE CLUBS
A bottle club (where permitted under the Zoning Code) shall be located at least 1,000 feet from the nearest property line of any other bottle club, church, school or other institution of learning or education, hospital, library, park or playground, shall be located at least 300 feet from the nearest property line of any land zoned residential and shall be located at least 300 feet from the nearest property line of any single or multiple-family building.
1286.25 STORAGE YARDS; SPECIAL EXCEPTION PERMITS FOR VEHICLES
(a) No person, partnership, or corporation shall establish or maintain or permit to exist in the Township of Lawrence Park any storage yard or other place used for the storage of goods, materials, machinery, equipment, things or vehicles (whether operable or inoperable) except in accordance with the provisions of this Zoning Code.
(b) As used herein, the term “storage” means the placing and keeping of goods, materials, machinery, equipment, things or vehicles within a specific area, without movement outside that area for forty-eight hours or more. As applied to vehicles, this section shall mean without movement for one week or more.
Storage must meet all requirements of the Vehicle Code of Pennsylvania, including licensing and required inspections, and any vehicles used for storage must be roadworthy unless they are vehicles for which a special storage permit has been issued by the office of the Zoning Administrator. Rules and regulations of storage shall be set by resolution of the Board of Commissioners.
If the vehicle is not licensed, it must be stored inside a garage or completely enclosed permanent structure.
(c) The maintenance of a storage yard for the collection of or storage of goods, materials, machinery, equipment, things or vehicles shall be prohibited by this Zoning Code.
(d) All storage yards shall be enclosed by a web-type metal fence not less than six feet in height, securely anchored to the ground and provided with a gate and locking device which shall be securely fastened during times when such yard is unattended or not in use.
(e) All storage of goods, materials, machinery, equipment, things or vehicles shall be established and maintained in accordance with the Fire Prevention Code.
(f) The Zoning Administrator shall give thirty days written notice to any person, partnership or corporation found to be operating a storage yard or other place used in a manner not complying with this Zoning Code, and it shall be the duty of the person, firm, or corporation to bring such yard or place into compliance within thirty days of the receipt of said notice.
(g) In the event any land is or is proposed to be used in violation of this section, the Board of Commissioners of the Township of Lawrence Park may, in addition to other remedies, institute in the name of said Township any appropriate action or proceeding to prevent, restrain, correct or abate such illegal storage, or to prevent, in or about such premises, any act, conduct, business or use constituting a violation.
(h) A special permit for the storage of vehicles may be issued by the Board of Commissioners to a resident for a period up to 45 days, provided that the following conditions are met:
(1) The resident is making an effort to repair the vehicle and agrees to remove the vehicle from the property within the 45-day period. If, upon inspection, at any time during the 45-day period, the Zoning Administrator finds that an effort to repair the vehicle is not being met, the permit shall become null and void.
(2) The vehicle constitutes a piece of equipment necessary for the upkeep and/or maintenance of a business and the vehicle does not constitute a hazard to the safety and welfare of the area residents. If the vehicle is found to constitute such a hazard after a special permit has been issued, such permit shall become null and void.
(3) The resident is ill and/or suffering a hardship which prohibits the resident from moving the vehicle.
The special permit application fee shall be twenty-five dollars ($25.00) for each vehicle.
1286.26 PARKING OF COMMERCIAL EQUIPMENT IN RESIDENTIAL DISTRICTS
Commercial equipment shall not, under any circumstances, be stored or parked overnight in any Residential District, except in a fully enclosed structure. This does not include equipment or vehicles being used on the premises of an active job site.
1286.27 ANTENNAS AND COMMUNICATIONS EQUIPMENT BUILDINGS
(a) Building-mounted communications antennas shall not be located on any single-family dwelling or two-family dwelling.
(b) Building-mounted communications antennas shall be permitted to exceed the height limitations of the applicable zoning district by no more than twenty feet.
(c) Omnidirectional or whip communications antennas shall not exceed twenty feet in height and seven inches in diameter.
(d) Directional or panel communications antennas shall not exceed five feet in height and three feet in width.
(e) Any applicant proposing communications antennas to be mounted on a building or other structure shall submit evidence from a Pennsylvania registered professional engineer certifying that the proposed installation will not exceed the structural capacity of the building or other structure, considering wind and other loads associated with the antenna location.
(f) Any applicant proposing communications antennas to be mounted on a building or other structure shall submit detailed construction and elevation drawings indicating how the antennas will be mounted on the structure for review for compliance with the Township’s Building Code and other applicable law.
(g) Any applicant proposing communications antennas to be mounted on a building or other structure shall submit evidence of agreements and/or easements necessary to provide access to the building or structure on which the antennas are to be mounted so that installation and maintenance of the antennas and communications equipment building can be accomplished.
(h) Communications antennas shall comply with all applicable standards established by the Federal Communications Commission (FCC) governing human exposure to electromagnetic radiation.
(i) Communications antennas shall not cause radio frequency interference with other communications facilities located in the Township.
(j) A communications equipment building shall be subject to the height and setback requirements of the applicable zoning district for an accessory structure.
(k) The owner or operator of communications antennas shall be licensed by the FCC to operate such antennas.
1286.99 PENALTY
Any person, partnership or corporation who or which shall violate the provisions of Section 1286.25 shall, upon conviction thereof in a summary proceeding, be sentenced to pay a fine of not more than three hundred dollars ($300.00). In default of payment of the fine, such person, the members of such partnership, or the officers of such corporation, shall be liable to imprisonment for not more than thirty days. Each day that a violation is continued shall constitute a separate offense.