Upon motion by _______________________, seconded by _________________________, the following Ordinance was duly enacted, _____ voting in favor of enactment, _____ voting against enactment.
ORDINANCE
99-17
An Ordinance to
amend Millcreek Township Ordinance 74-29, as amended, known as the Zoning
Ordinance, to establish general performance standards for nonresidential uses;
establish regulations governing exterior lighting; establish definitions; allow
for use of property as a corrections facility or treatment center in the Light
Industry and Heavy Industry districts as a use on special exception; allow for
temporary use of lands for special events as a use on special exceptions; and
containing repealor and severability clauses.
WHEREAS, the Millcreek Township Zoning Ordinance, Ordinance 74-29 as amended, establishes regulations governing uses permitted and the manner in which lands within Millcreek Township are to be used; and
WHEREAS, the Ordinance has not established regulations in the nature of general performance standards for nonresidential uses such as appropriate landscaping and planting strips, screening of materials store outside and enclosure of waste receptacles; and
WHEREAS, the Ordinance has not previously established standards governing outside lighting of premises; and
WHEREAS, the Ordinance has not previously addressed or allowed as uses of land correctional facilities, treatment centers and special events of a temporary and short term duration; and
WHEREAS, the Board of Supervisors finds that it is in the best interest of the general health, safety and welfare that regulations governing such uses and manners of use be established.
IT IS HEREBY
ORDAINED AND ENACTED by the Board of Supervisors of the
SECTION 1. Article VIII of the Zoning Ordinance, Ordinance 74-29 as amended, is hereby amended so as to add as new Section 816 performance standards governing nonresidential uses, as follows:
SECTION 816. NONRESIDENTIAL USES - GENERAL STANDARDS
A. All nonresidential parking and loading areas and parallel circulation and service lanes shall be separated from the right of way line of a public [street or State highway] by a planting strip at least 10' in depth, unless adjoining property owners mutually agree to common facilities subject to greater setbacks as may be required elsewhere in this Ordinance.
B. In parking areas of one-half (½) acre or more, at least five percent (5%) of the total parking area shall be devoted to landscaping.
C. Storage of any outside materials which abuts any public right of way and/or any residential district must be screened.
D. On any nonresidential premises which abuts a residential zoning district and/or a public right of way, receptacles for storage of municipal waste, recyclable materials or other materials shall be entirely screened or enclosed by a complete visual barrier type of fence at least as high from ground level as the receptacle with its top lid open.
SECTION 2. Article VIII of the Zoning Ordinance, Ordinance 74-29 as amended, is hereby amended so as to add new Section 817 performance standards governing exterior lighting on premises:
SECTION 817. EXTERIOR LIGHTING
Any exterior lighting of the premises shall adhere to the following standards:
A. Such lighting shall not create a traffic hazard by glare, direction, extent of illumination or other factor which disturbs vehicular traffic.
B. Where the premises abuts or is located in a residential district, such lighting shall be directed toward the buildings on the subject property and shall be shaded or otherwise controlled so as not to direct glare toward surrounding uses.
C. In any district, such lighting shall not interfere with the reasonable quiet enjoyment of surrounding uses.
SECTION 3. Article III of the Zoning Ordinance, Ordinance 74-29 as amended, is hereby amended so as to establish the following terms and definitions:
(71) Continuing care facility - as defined in current State licensure requirements, a residential facility or development designed, operated and maintained for retired adults, which may also include “skilled nursing,” “intermediate care,” “personal care” or “assisted living” facilities.
(72) Correctional facility - a publicly- or privately operated facility housing persons awaiting trial, serving a sentence after being found guilty of a criminal offense, being within the jurisdiction of a Federal, State or local probation, parole or corrections agency and/or receiving treatment other than at a hospital while under the jurisdiction of such authority or agency. The term shall include but not be limited to jails, prisons, juvenile detention centers, work release centers, pre-release centers and treatment centers.
(73) Hospital - an institution providing acute medical or surgical care and treatment for sick or injured humans, as defined in current State licensure requirements. The term shall be deemed to include outpatient surgical and treatment facilities not constituting a correctional facility, sanitarium, clinic, continuing care facility and any other place for the diagnosis, treatment or other care of human ailments.
(74) Treatment center - a use, other than a prison, which provides housing, treatment, rehabilitation and/or counseling to persons under the jurisdiction or control of any Court, parole, probations or corrections agency. The term shall not apply to a “hospital” providing acute or needed medical treatment to a person not placed in such facility other than for such acute treatment.
SECTION 4. Article X, Section 1008 of the Zoning Ordinance, Ordinance 74-29 as amended, is hereby amended by establishing a new Subsection (19) to authorize use of land as a correctional facility or treatment center as defined in the Ordinance as hereby amended, subject to stated criteria, as follows:
1. For the use of land within any Light Industry or Heavy Industry zoning district as a “corrections facility” or “treatment center” as defined in this Ordinance, so long as all of the following standards and criteria are met:
(a) No such use shall be approved if located within 1,000 feet from another corrections facility or treatment center.
(b) No such use shall be approved unless there is a separation of at least 500 feet from a residential zoning district or use.
(c) No such use shall be approved within 500 feet of a school, church, playground, park, camp, community center, child care facility or other area where minor children assemble or congregate.
(d) The minimum lot area for a treatment facility shall be 24,000 square feet.
(e) The maximum building coverage shall not exceed thirty-five percent (35%) of the total land area of the lot.
(f) Buffer yards and planting strips as required in Section 811 of this Ordinance for the zoning district shall be strictly complied with.
(g) Density of development for any corrections facility shall not exceed that authorized in the “D” Residence district.
(h) A minimum of twenty-five percent (25%) of the developable land area, exclusive of streets and delineated wetlands, shall be set aside and held, maintained and used permanently as open space.
(i) Off-street parking shall be one (1) space per employee on the largest shift and 1.5 spaces per resident bed or one (1) space per 300 square feet of building area, whichever is greater.
(j) Commercial outdoor signs shall be prohibited. Identification and directional signs shall be allowed as authorized in this Ordinance and/or the Sign Ordinance.
(k) The Board shall attach to any approval conditions ensuring appropriate security measures, including but not limited to fencing or other barriers, cameras, lighting, guards, sign-in and sign-out sheets, curfews for residents, guard dogs, sirens and direct alarms with the Police Department.
(l) The facility shall be built, maintained and operated so as to avoid potentially adverse influences and impacts upon surrounding properties and the general health, safety and welfare.
(m) There shall be no direct glare, whether from floodlights, high temperature processors or other lighting, so as to be visible from adjoining zoning districts.
SECTION 5. Article X, Section 1008 of the Zoning Ordinance, Ordinance 74-29 as amended, is hereby amended by establishing a new Subsection (20) to authorize use of land for short duration special events of a temporary nature, as follows:
20. Subject to the general criteria of this Article and the specific criteria in this section, the Board may authorize a permit to be issued for the temporary use of land and/or structures not situated in a Residential District for specially scheduled events of a temporary and short-term nature, including but not limited to fairs, festivals, circuses, concerts and the like, subject to the following criteria:
A. A traffic control plan must be submitted and approved by the Millcreek Township Police Department and the Board of Supervisors.
B. The actual use, exclusive of one day each for preparation and cleanup, shall not exceed five (5) days.
C. Proper provision shall be assured for the collection and disposition of municipal waste and recyclable materials and for cleanup of such materials throughout and upon conclusion of the event.
D. The
event shall not continue after
E. The Board may attach such reasonable conditions as it deems necessary in the circumstances.
SECTION 6. If any section, subsection, sentence, clause, phrase or portion of this Ordinance or its application to any person, property or circumstances is for any reason held invalid or unconstitutional by any court, such holding shall not be construed to affect the validity of any of the remaining provisions of this Ordinance or its application, for such portion shall be deemed as a separate, distinct and independent provision from the remaining provisions which shall be and remain in full force and effect. It is hereby declared the legislative intent that this Ordinance would have been adopted had such valid or unconstitutional provision of its application not been included.
SECTION 7. All Ordinances or parts of any Ordinances inconsistent herewith are hereby repealed. This Ordinance shall not be construed to amend, modify or repeal the Industrial Waste Ordinance, as amended.
BE IT ENACTED this 21st day of December, 1999.
_______________________________________
Suzanne R. Weber, Secretary