The following regulations shall qualify, supplement and be in addition to the district regulations appearing elsewhere in this Chapter.
§1701. ANIMALS AND POULTRY.
In districts where permitted, the use of buildings and land for farming, nurseries, green¬houses, riding academies, livery or boarding stables, dog kennels, stock and poultry raising and dairying shall be subject to the following safeguards and regulations:
A. Storage of manure or other odor or dust producing sub¬stances shall not be permitted within 30 feet of any lot line.
B. Coal fueled greenhouse heating plants shall not be operated within 100 feet of any residen¬tial district boundary and natural gas or oil fueled greenhouse heating plants shall not be operated within 50 feet of any such boundary.
C. Buildings used for kennels and animal hospitals, including exercise yards, shall meet all of the following criteria:
(1) No such building used for kennels and animal hospitals, including exercise yards, shall be erected within two-hundred (200) feet of a residential use, residential property line, or the boundary line of a zoning district that permits residential uses.
(2) No more than (1) one domestic animal shall be permitted outdoors between the hours of 8:00 pm and 7:00 am prevailing time and any kennel or animal hospital shall be operated to prevent animal-generated noise between these hours.
(3) Outdoor exercise yards shall be fenced with solid material of a height and construction suitable to contain the animals. The fence shall comply with the requirements of Section 1708 of this Chapter.
(4) Animal wastes shall be regularly removed from the portions of the exercise yard and/or Animal Hospital and disposed of in accordance with current Pennsylvania law. On-lot disposal shall meet setback requirements as specified in (1) above.
(5) Any kennel or animal hospital shall provide a full-time resident manager authorized to address noise or other impacts on adjoining properties and unsecured animals. The full-time resident manager must be available on site and by telephone twenty-four (24) hours a day, seven days a week.
D. The sale of products raised, bred or grown on the premises shall be permitted provided that all temporary stands or shelters used for such sales and not conform¬ing to building code standards shall be removed during the period not in use for the display or sale of such products.
E. Keeping of Livestock. Where the keeping of live¬stock is allowed by this Chapter, the following minimum require¬ments shall be met:
(1) The minimum lot area for the keeping of livestock shall be 5 acres.
(2) The maximum livestock density shall be one animal equivalent unit per acre.
(3) The following definitions shall apply to the terms used in this §1701(E):
LIVESTOCK – any form of nonhuman domesti¬cated animal life, such as (but not limited to) horses, cattle, sheep, swine, poultry, etc.
ANIMAL EQUIVALENT UNIT – one thousand pounds aggre¬gate live weight of livestock animals, regardless of the actual number of individual animals compris¬ing the unit. [Ord. 94-7]
(Ord. 84 2, 3/29/1984, §1600, amended by Ord. 94-7, 6/29/94, §2 and by Ord. 2017-10, 07/27/2017)
§1702. BUFFER YARDS AND SCREEN PLANTING.
Where buffer yards are required under the terms of this Chapter they shall be provided in accordance with the following stan¬dards:
A. All buffer yards shall:
(1) Be planted with grass or other ground cover.
(2) Contain a screen to obscure the commercial, indus¬trial, office use from the adjoining residential use.
(3) Be maintained and kept free from all debris and rubbish.
B. No structure (other than a fence), manufacturing or processing activity or storage of materials shall be permitted in buffer yards. [Ord. 92-5]
C. The type of screen in a buffer yard shall be accepted by the Zoning Officer and will normally consist of the following: [Ord. 92-5]
(1) A visual screen fence; [Ord. 92-5]
(2) A dense screen planting consisting of nondeci¬duous trees 5 feet in height planted in a line not more than 6 feet apart; or, [Ord. 92-5]
(3) A combination of (1) and (2) above.
D. The screen planting shall consist of nondeciduous trees arranged in a manner to serve as a barrier to visibili¬ty, air borne particles, glare and noise. Depending upon the type of nondeciduous trees proposed, a stag¬gered planting pattern may be required. [Ord. 92-5]
E. A clear sight triangle shall be maintained at all street intersections and at all points where private accessways intersect public streets.
F. The screen may be broken at points of vehicular or pedestrian access and at other points where a barrier is not necessary; provided, however, that:
(1) No outdoor processing or manufacturing activity and no outdoor storage of materials shall be visible from an adjacent residential districts; or,
(2) The Zoning Officer may determine that a screen along the street or lot lines is not necessary for the protection of the adjacent uses, regardless of the type.
G. Prior to the issuance of a building permit, complete plans showing the arrangement of all buffer yards and the place¬ment, species and size of all plant materials to be placed in such buffer yards shall be approved by the Zoning Officer.
H. Screening and the buffer area shall be maintained (includ¬ing the replacement of dead plant materials or destroyed or deteriorated other materials) by the owner of the buffer area.
(Ord. 84 2, 3/29/1984, §1601; as amended by Ord. 92-5, 2/4/1992, §14(A))
§1703. MOTOR VEHICLE SERVICE STATION AND AUTOMOBILE WASHING (CAR WASH) ACCESS.
Motor vehicle service station and automobile washing (car wash) uses shall comply with the following access requirements:
A. Access shall be by not more than two roadways from each 200 feet or fraction thereof of frontage on any street.
B. Roadways shall be not less than 12 feet apart and not less than 3 feet from a side property line.
C. Each roadway shall be not more than 35 feet in width, measured at right angles to the centerline of the driveway, except as increased by permissible curb return radii. The entire flare of any return radius shall fall within the right of way.
D. No roadway shall be closer than 10 feet to the point of intersection of two property lines at any corner as measured along the property line and no roadway shall extend across such extended property line.
E. In all cases where there is an existing curb and gutter or sidewalk on the street, the applicant for any permit shall provide a safety island along the entire frontage of the property except for the permitted roadways. The two ends and street side of each island shall be constructed of a concrete curb, the height, locations and structural specifications of which shall be approved by the Township Engineer.
F. Where there is no existing curb and gutter or sidewalk, the applicant shall install such safety island and curb along the entire length of the property frontage and comply with subsection (E), above.
(Ord. 84 2, 3/29/1984, §1602)
§1704. SITE PLAN; HIGHWAY ACCESS.
The application for a permit for any and all uses shall be accompanied by a site plan showing building location, service and parking areas and access to highways. Where a driveway or access road intersects with a State road or highway, the appli¬cant shall submit the site plan for review and approval by the Zoning Officer prior to submitting it for approval by the Pennsylvania Department of Transportation.
(Ord. 84 2, 3/29/1984, §1603)
§1705. CLASSIFICATION OF ANNEXED AREAS.
1. Areas which become annexed to the Township subsequent to the adoption of this Chapter shall be classified automatically to conform to the zoning district to which they are contigu-ous.
2. Nonconforming uses in these areas shall be subject to the nonconforming use provisions of this Chapter.
(Ord. 84 2, 3/29/1984, §1604)
Courts shall conform to the following require¬ments:
A. An open space in the form of an inner court or outer court shall be provided in connection with any building in any residential or business district where any room therein in which a person or persons live, sleep or congregate, cannot otherwise be adequately lighted and ventilated. Such court shall be adjacent to such room, the windows of which shall open in such court. This section shall not apply to specialized commercial or manufacturing processes where controlled light and/or ventilation are required.
B. Outer Court.
(1) The width of any outer court upon which windows open from a living room, bedroom or dining room shall be not less than the height of the wall opposite such windows.
(2) The depth of an outer court formed by walls on three sides shall be not greater than 1 1/2 times the width.
(3) The width of an outer court shall be not less than 2/3 the height of any opposing wall forming said court.
C. Inner Court.
(1) Each dimension of an inner court shall be not less than the full height of the walls enclosing such court; provided, however, that not less than 50 feet for apartment buildings and not less than 10 feet for two family dwellings.
(2) An open and unobstructed passageway shall be pro¬vided for each inner court. Such passageway shall have sufficient cross section area and headroom for the passage of firefighting equipment and shall be continuous from the inner court to a yard or unob¬structed open area with access to a street.
(Ord. 84 2, 3/29/1984, §1605)
§1707. FIRE ESCAPES.
Nothing contained in this Chapter shall prevent the projection of an open fire escape into a required yard for a distance not to exceed 8 feet.
(Ord. 84 2, 3/29/1984, §1606)
§1708. FENCES AND WALLS.
Fences and walls may be erected, altered and maintained within and outside the yards subject to the requirements contained in this Section.
1. Fences and Walls within required clear sight distance triangles.
No portion of a fence or wall located in a required clear sight distance triangle may exceed three feet in height.
2. Fences and walls located in the required front yard.
Fences and walls located in the required front yard for a main building shall not exceed 4 feet in height, except as follows:[Ord. 2018-02]
A. Fences on farms may be up to six feet in height.
B. Retaining walls, constructed to retain or hold back earth or support an earthen berm, shall not be limited in height.
(1) Any portion of a retaining wall greater than four feet in height shall be protected by a physical barrier, complying with the Pennsylvania Uniform Construction Code requirements for guards, on the upslope side of the retaining wall.
(2) Retaining walls that are not laterally supported at the top and that retain in excess of 24 inches (610 mm) of unbalanced fill shall be designed to ensure stability against overturning, sliding, excessive foundation pressure and water uplift. Retaining walls shall be designed for a safety factor of 1.5 against lateral sliding and overturning.
3. Fences and walls located in the required side or rear yard.
Any fence or wall in the required side or rear yard may be up to 8 feet in height;
provided that any portion of the fence or wall exceeding 6 feet in height shall contain
openings therein equal to 50% of the area of that portion of the wall or fence exceeding
6 feet. Retaining walls constructed to retain or hold back earth or support an earthen
berm in the side or rear yard however, shall not be limited in height.
4. Fences and walls located out of required yards.
Fences and walls located anywhere on a lot where a main building can be located are
limited to eight feet in height, except the following shall not be limited in height:
A. Fences having at least 50% open area for athletic fields and
sports courts, such as tennis court enclosures and baseball backstops.
B. Retaining walls constructed to retain or hold back earth or support an earthen berm.
5. Applicability of Codes.
All fences and walls shall be erected, altered and maintained in accordance with currently adopted Building Construction and Safety Standards. Any fence or wall not limited in height by the provisions of this Section or Chapter may be limited in height by being subject to compliance with structural design criteria of any applicable construction code.
6. General height of retaining wall.
No retaining wall shall be constructed at a height greater than that height necessary to retain or hold back earth or support an earthen berm.
7. Requirement of Zoning Permits.
A Zoning Permit shall be required for all fences and walls in accordance with the requirements of Section 2204.
All yards used for the storage of any material needed for the operation or conduct of a manufacturing or a commercial enterprise shall be enclosed by a solid wall, uniformly painted board fence or screen planting on all sides which face upon a lot in a more restricted zone.
9. Motor Vehicle Service Station Screening.
Any motor vehicle garage, service station or motor vehicle body shop abutting a residential use or residential zoning district shall have a visual screen fence not less than six (6) feet in height placed around a vehicle storage area. Such fence shall be in addition to any buffer yard requirements of Section 1702 above.
(Ord. 84 2, 3/29/1984, §1607; as amended by Ord. 92-5, 2/4/1992, §14(B); and by Ord. 98-7, 8/27/1998, as amended by Ord. 12-02, 06/28/2012; and as amended by Ord. 2018-02, 02/01/2018)
Home gardening shall be permitted in any district.
(Ord. 84 2, 3/29/1984, §1608)
§1710. OBSTRUCTIONS TO VISION.
1. No fence, sign or other structure shall be erected or main¬tained and no hedge, trees, shrubs or other vegetation shall be maintained or permitted which may cause danger to motor vehicles and pedestrian traffic on a street or road by interfering with the view.
2. There shall be provided and maintained at all intersections clear sight triangles of 75 feet in all directions measured along the centerline from the point of intersection. Nothing which obstructs the vision of the operator of a motor vehicle shall be permitted within this area.
(Ord. 84 2, 3/29/1984, §1609; as amended by Ord. 85 4, 4/2/1985)
§1711. OUTDOOR LIGHTING.
All outdoor lighting shall be so arranged and shielded so that no objectionable illumina¬tion is cast upon adjoining residential uses in any district.
(Ord. 84 2, 3/29/1984, §1610)
§1712. PROJECTIONS IN YARDS.
1. Cornices, eaves, gutters, bay windows, window wells and chimneys may project into the front, side or rear yards of a lot not more than 24 inches.
2. Covered porches, whether enclosed or unenclosed, shall be considered as part of the main building and shall not project into any yard.
3. Uncovered steps and entrance canopies not greater than 3 feet in depth and 6 feet in width may project into the required front, rear and side yards.
(Ord. 84 2, 3/29/1984, §1611)
§1713. STORAGE IN YARD PROHIBITED.
1. Except as specifically provided hereinbelow, there shall be no storage of materials or equipment in front or side yards of any premises used for residential purposes.
2. Except as specifically provided hereinbelow with respect to large recreational vehicles, currently licensed wheeled vehicles in operating condition, including recreational vehicles of 30 feet or less in overall length, used for transportation of an occupant of a residential premises may be parked within the front, rear or side yards of a residential premises provided the location thereof is approved under this Chapter as an off-street parking space. [Ord. 99-05]
3. Currently licensed recreational vehicles exceeding 30 feet in overall length, owned or leased by an occupant of a residential premises may be parked only on a driveway or pad constructed of impervious material the dimension of which at least encompasses the entire length and width of the recreational vehicle stored thereon:
A. In the side or rear yards of the residential premises provided that it is no closer than 7 feet from any other property line.
B. In the front yard of the residential premises provided it is at least 10 feet from the house side of a street curb or the edge of paving of the street where no curb exists and no closer than 7 feet from any other property line.
Notwithstanding the foregoing provisions, such vehicles may be parked on a residential premises for a period of time not exceeding 72 hours for the purposes of loading, unloading or performing routine maintenance.
4. For the purposes of determining length of recreational vehicles, measurement shall be taken between the most distant parts of the front and rear of the vehicle (e.g. “bumper to bumper”; “bumper to end of tongue”).
The foregoing regulations shall not apply to the storage of a recreational vehicle at the same pad or location where storage commenced more than 3 months prior to the effective date hereof.
5. All yards shall be maintained and kept free of all debris and rubbish.
(Ord. 84 2, 3/29/1984, §1612; as amended by Ord. 95-10, 11/02/1995, §1; Ord. 99-05, 07/01/1999, §1; and by Ord. 00-04, 03/02/2000, §1);
§1714. SPECIAL PROVISIONS FOR STREET AND HIGHWAY WIDENING. Whenever there shall be official plans in existence and/or published for the widening of any street or highway within the Township, the Planning Commission may require additional front yard setbacks for any new construction or for any structures altered or remodeled in order to preserve and protect rights of-way for such proposed street or highway widening.
(Ord. 84 2, 3/29/1984, §1613)
§1715. SWIMMING POOLS, PRIVATE. Private swimming pools shall be a permitted accessory use in any district and shall comply with the following conditions and requirements:
A. The pool 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 pool, related structures and equipment shall not be located within any required yard area with the exception of a rear yard in which case it shall be located not less than 10 feet from the rear lot line. [Ord. 84 7]
(1) Every outdoor swimming pool of permanent construc¬tion, whether above or below ground, shall be completely surround¬ed by a barrier not less than 4 feet in height which shall be so constructed as not to have openings, holes or gaps larger than 4 inches in any dimension and, if a picket fence is erected or main¬tained, the horizontal or vertical dimension of space between pickets shall not exceed 4 inches. The maximum vertical clearance between grade and the bottom of the barrier shall be 2 inches (51 mm) measured on the side of the barrier which faces away from the swimming pool. When wire mesh fencing is used, the wire shall be no thinner than 12 gauge. Maximum mesh size for chain link fences shall be a 2 1/4 inch (58 mm) square unless the fence is provided with slats fastened at the top or the bottom which reduce the openings to not more than 1 3/4 inches (44 mm). [Ord. 98-7]
(2) Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches (1,143 mm), the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall not exceed 1 3/4 inches (44 mm) in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1 3/4 inches (44 mm) in width. [Ord. 98-7]
(3) Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is 45 inches (1,143 mm) or more, spacing between vertical members shall not exceed 4 inches (102 mm). Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1 3/4 inches (44 mm) in width. [Ord. 98-7]
(4) Where the barrier is composed of diagonal members, such as a lattice fence, the maximum opening formed by the diagonal members shall not be more than 1 3/4 inches (44 mm). [Ord. 98-7]
D. A dwelling or an accessory building wall may be used as part of the above fencing and/or requirements. All doors with direct access to the pool through that wall shall be equipped with an alarm which produces an audible warning when the door and its screen, if present, are opened. [Ord. 98-7]
(1) All gates or doors opening into such enclosure shall be equipped with a self-closing and self-latching and locking device for keeping the gate or door securely closed at all times when not in actual use.
(2) Pedestrian access gates shall open outward away from the pool and shall be self-closing and have a self-latching device. Gates other than pedestri¬an access gates shall have a self-latching device. [Ord. 98-7]
(3) The release mechanism shall be located on the pool side of the gate at least 3 inches (76 mm) below the top of the gate. [Ord. 98-7]
(4) The gate and barrier shall have no opening greater than 1/2 inch (12.7 mm) within 18 inches (457 mm) of the release mechanism. [Ord. 98-7]
F. Public swimming pools, where permitted, shall be in conformance with all applicable district regulations and other applicable state and local regulations.
(Ord. 84 2, 3/29/1984, §1614; as amended by Ord. 84 7, 7/3/1984; by Ord. 93-5, 6/1/1995, §1(F); and by Ord. 98-7, 8/27/1998)
§1716. WASTE AND SEWAGE DISPOSAL.
All methods and plans for the onlot disposal of sewage or wastes shall be designed in accordance with all applicable regulations pertaining to the treatment and disposal of sewage and wastes.
(Ord. 84 2, 3/29/1984, §1615)
§1717. YARD PLANTING.
Yards required in accordance with the provisions set forth in this Chapter shall be planted with grass seed, sod, ground cover or other vegetative cover except in cases where walks, access drives, off street parking lots, patios or other types of surfaces are permitted in yards.
(Ord. 84 2, 3/29/1984, §1616)
§1718. EXCAVATION AND FILL.
The terms, conditions, require¬ments and provisions of the Hampden Township Excavation and Fill Ordinance enacted Decem¬ber 5, 1972 [Chapter 9, Part 1], as now or hereafter amended, are incorporated herein by reference thereto.
(Ord. 84 2, 8/29/1984, §1617)
§1719. INCREASED LOT SIZE.
Notwithstanding anything to the contr¬ary hereinbefore appearing, the required minimum lot area of lots not serviced by public sewer service may be increased if the Sewage Enforcement Officer determines that, based upon the results of appropriate percola¬tion and soil suitability tests, additional area is required pursuant to Act 537, Pennsylvania Sewage Facilities Act, as amended.
(Ord. 84 2, 3/29/1984, §1618; as amended by Ord. 98-7, 8/27/1998)
§1720. CHILD DAY CARE CENTERS, PRIVATE NURSERIES AND KINDERGAR-TENS.
Child day care centers, private nurseries and kindergartens shall be permitted as accessory uses within a school building (public, private or parochial), church or synagogue building or any building used for business purposes; provided, however, that such accessory use in an I G (Industrial General) zoning district shall be limited to children of employees of the business in which the facility is to be located.
(Ord. 84-2, 3/29/1984, §1619; as amended by Ord. 92-5, 2/14/1994, §14(C); and by Ord. 02-05, 11/6/2002)
§1721. SIGN REGULATIONS
1. Title and General Intent.
A. Short Title. This Section shall be known as the “Hampden Township Sign Regulations” (hereinafter called “regula¬tions”).
B. General Intent. The sign regulations, controls and provi¬sions set forth in this regulation are made in accor¬dance with an overall plan and program for the public safety, area development, preservation of property values, and the general welfare of the Township of Hampden, and are intended to:
(1) Aid in traffic control and traffic safety.
(2) Preserve and protect property values.
(3) Lessen congestion of land and air space.
(4) Provide against undue concentrations of signs which distract and endanger traffic safety and traffic flow.
(5) Establish reasonable standards for commercial and other advertising through the use of signs in order to maintain and encourage business activity and area development.
(6) Avoid uncontrolled proliferation of signs.
(7) Recognize the rights of the public in roads, streets, and highways.
(8) Preserve the wholesome and attractive character of the Township.
(9) To recognize that the general welfare includes a community that shall be beautiful as well as healthy, spacious, as well as clean, and well bala¬nced in its growth and development.
2. Definitions. The following words and phrases, when used in this Chapter, shall have the meanings given in this subsection:
BANNER any sign of lightweight fabric or similar material that is usually mounted to a pole or building at one or more edges, with a minimum dimension of 3 square feet per face; but not including any solid colored multicolored, or seasonal decoration containing no commercial message. National, State or municipal flags, or the official flag of any institution or business shall not be considered banners.
BUSINESS OFFICE BUILDING a building used as offices and occupied by personnel to perform business, professional, administrative or clerical functions.
BUSINESS OFFICE COMPLEX a group of business office buildings or condominium units located on a single tract of land.
CHANGEABLE MESSAGE SIGN – a sign that changes messages or copy by electronic or mechanical means, regardless of the technology used.
DIRECTOR OF COMMUNITY DEVELOPMENT where this term is used through¬out this Section, it shall be interpreted to mean the director and/or his designees within the Hampden Township Codes Enforcement Office. [Ord11-05]
FLAG any fabric, usually rectangular in shape, of distinc¬tive design, that is used as the symbol of government, political subdivision or other entity. Such a flag, that is raised and lowered on a flagpole, shall not be considered a sign.
GROUND POLE SIGN a sign supported vertically by one or more uprights, poles or braces placed in or upon the ground.
HOSPITAL AND MEDICAL CAMPUS – a group of buildings located on a single tract of land that includes a Hospital and other buildings utilized for the Healing Arts, which may include but are not limited to professional office space designed and used primarily for the diagnosis, treatment and out-patient care of human patients by an individual practitioner or an association or group of licensed physicians or similar professional health-car practitioners, which may include out-patient operating rooms, physician Professional Offices, offices for any of the Healing Arts, Medical Clinic-Limited, pharmacies located within a hospital or medical building, and related Accessory Uses.
ILLUMINATED SIGN a sign that provides artificial light directly or through any transparent or translucent material from a source of light connected with such sign, or a sign illuminated by a light focused upon or directed at the surface of the sign.
INDUSTRIAL BUSINESS CENTER – a group of two or more uses permitted in the I-G District and located in a building, or buildings, on a single tract of land in the I-G District. [Ord. 2018-09}
OFF PREMISES ADVERTISING SIGN a sign which contains a message unrelated to a business or profession conducted upon the zone lot where such sign is located or which is unrelat¬ed to a commodity, service or entertainment sold or offered upon the zone lot where such sign is located.
ON-PREMISES ADVERTISING SIGN – a sign which contains a message related to a business or profession conducted upon the zone lot where such sign is located and which is related to a commodity, service or entertainment that is sold or offered upon the zone lot where the sign is located.
PENNANT any lightweight fabric, plastic or other material, usually triangular in shape, suspended from, or attached to, a rope, wire, string or pole, whether grouped in series or not, and normally designed to move in the wind.
PERMANENT SIGN any sign which is intended to be displayed for a length of time in excess of 30 days.
PREMISES the area occupied by a business or other commer¬cial, professional or industrial enterprise.
PROJECTING SIGN a sign which projects horizontally from and is supported by a wall of a building.
ROOF SIGN any sign or part thereof erected and maintained upon or above the roof of any building.
SEARCHLIGHT Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same zone lot as the light source; also, any light with one or more beams that rotate or move.
SHOPPING CENTER an area of land occupied by a cohesive group of three or more retail stores, service facilities or other commercial uses arranged and constructed according to a plan and having common off street patron parking as an integral part of the use of the land.
SIGN any structure, device, light or object, including the ground itself or any part thereof, or any device attached thereto, or painted or represented thereon, which shall be used to identify, advertise or attract attention to any object, product, place, activity, person, institution, organization, firm, group, commodity, profession, enter¬prise, industry or business, or which shall display or include any letter, word, model, number, flag, pennant, insignia, device or representation used as an announcement, direction or advertisement and which is intended to be seen from off the premises or from a parking lot, and shall be deemed to include window signs.
SIGN AREA that area enclosed by one continuous line, connect¬ing the extreme points or edges of a sign. The area shall be determined using the largest sign area or silhou¬ette visible at any one time from any one point. This area does not include the main sign support structure, but all other ornamental attachments, inner connecting links, trim, etc. which are not part of the main supports of the sign are to be included in determining sign area. When attached to or painted on a surface, a building, canopy, awning, wall or window, the area is that of the smallest polygon that encompasses all of the letters and/or symbols. All visible faces of a multifaced sign shall be counted separately and then totaled in calculating sign area. [Ord. 95-3]
STOREFRONT the front of a business or business building facing a street, driveway, or parking area.
STREAMER a long, narrow, ribbon like strip of cloth or fabric, colored paper, etc., hanging loose at one end, suspended from, or attached to, a rope, wire, string or pole, grouped in series, and normally designed to move in the wind.
TEMPORARY SIGN a sign including, but not limited to, banners, which is to be displayed out of doors and intended to be displayed for a period of time not to exceed 30 days.
WALL SIGN a sign which is attached directly to or painted upon a building wall and which does not extend horizontally more than 12 inches therefrom nor extend above the roof line or extend beyond the edge of the building. Any sign that is affixed to the building marquee, building awning or a building canopy shall be considered a wall sign.
WAYFINDING SIGN – a sign that erected along public and private roadways to direct vehicles or pedestrians to particular uses within the Hospital and Medical Campus.
WINDOW SIGN any sign, picture, symbol or combination thereof designed to communicate information about an activity, business, commodity, event, sale or service that is placed inside a window or on the inside or outside surface of a window, and is intended to be a permanent sign.
ZONE LOT a parcel of land in single ownership that is of sufficient size to meet minimum zoning requirements, or duly authorized relief therefrom, for area, coverage and use, and that can provide such yards and other open spaces as required by this Chapter.
3. General Regulations in All Districts.
A. Signs Permitted in All Districts. Signs listed in this subsection are permitted in all zoning districts as defined in this Section, as amended, and shall not require permits (except certain real estate marketing signs as defined in subsection (3) herein below) and shall not be counted when calculating the number of signs on a premises; however, such signs shall conform with the general regulations for signs enumerated in the remainder of this subsection:
(1) Name and Address of Resident. Name and address of resident, but not to include any commercial adver¬tising, of not more than 2 square feet in sign area.
(2) No Trespassing Signs. No trespassing signs or other such signs regulating the use of a property, such as “No Hunting,” “No Fishing,” etc., of not more than 2 square feet in sign area in residen¬tial zones, and 5 square feet in all commercial and industrial zones.
(3) Real Estate Marketing Signs. Real estate market¬ing signs are signs which advertise the sale, rental, or lease of the land or structure(s) upon which they are located, and shall include construction signs which give the name or names of the principal contractors, architects, and lending institutions responsible for construction on the site. Such signs shall not exceed 6 square feet per face in area, with no more that 2 faces, in resi¬dential districts and shall not exceed 32 square feet in area per face in all other zoning districts. One real estate marketing sign may be placed on a given zone lot for every street right of-way which abuts that zone lot. If a given street adjacent to a zone lot abuts that lot for a continuous distance of 500 feet or more, one addi¬tional real estate marketing sign may be displayed along that street right of way. Any person or real estate broker seeking to erect such signs greater than 16 square feet per face and up to 32 square feet per face, in any nonresidential zoning district, must submit a notice to the Director of Community Development setting forth the name, address and phone number of the landowner, identification of the property to be posted, the approximate location of the sign on the site, and the name, address, phone number and start date of the listing contract of the real estate broker, if any, involved in marketing the property.
(4) Bulletin Board for Public, Charitable or Religious Institutions. Bulletin boards for public, chari¬ta¬ble or religious institutions, when located on the premises thereof and with a sign area of not more than 25 square feet if single faced, nor more than 50 square feet if double fac¬ed, and used exclu¬sively for noncommercial announcements.
(5) Signs Regulating Onpremises Traffic, Parking or Other Functional Subdivision. Signs regulating onpremises traffic (Example “In-Out,” “Enter-Ex¬it”), parking or other functional subdivision, such as lavatory facilities, telephone, signs denoting other sections of a premises such as “Lubrication,” “Office,” etc., when less than 5 square feet in total sign area.
(6) Signs Erected By A Governmental Body. Signs erect¬ed by a governmental body or under the direc¬tion of such a body and bearing no commercial advertising, such as traffic signs, railroad crossing signs, safety signs, signs identifying public schools and playgrounds, etc.
(7) Memorial Signs or Tablets. Memorial signs or tablets and signs denoting the date of erection of buildings.
(8) Flags, Pennants or Insignia of any Government, Religious or Fraternal Organizations, Charitable Organizations. The flag, pennant or insignia of any governmental, or of any religious, charitable or fraternal organization, which shall be limited to a maximum area of 32 square feet per face with a maximum of two faces and to a height not to exceed the maximum building height in the appropriate zoning district as allowed by this Section. Flying the flag of the United States of America shall be done in accordance with regulations established by the Federal government.
(9) Auctions, Garage or Yard Sales. Such signs shall be limited to a maxi¬mum size of 5 square feet in area and shall be removed as soon as the event or activity advertised thereby has occurred, and shall not be permitted to exist more then 15 days prior to such event or activity.
(10) Special Events of Charitable or Public Service Groups. Such signs shall be limited to a maximum size of 32 square feet in area per face with a maximum of two faces and shall be re¬moved as soon as the event or activity adver¬tised thereby has occurred and shall not be permitted to exist more than 30 days prior to such event or activity.
(11) Permanent Residential Development Signs. Permanent residen¬tial development signs at major entrances designed to identi¬fy a residential subdivision and contain¬ing no commer¬cial adver¬tis¬ing shall have a maximum sign area of 25 square feet.
(12) Signs Identifying Places of Worship. Signs identifying places of worship, when located on the premises thereof shall have a maximum sign area of 25 square feet.
(13) Decals. Commercial decals affixed to window¬s or door glass panes are signs. Such decal signs shall not exceed 1,500 square inches in the aggregate per zone lot, and shall be affixed to such pane to a height not to exceed 4 feet as measured from the threshold of the principal public entrance.
(14) Air Suspended Signs. Hot air balloons, signs suspended by a balloon and inflated signs, used only for special events. Such signs may be displayed in any nonresidential zoning dis¬trict for a time period of not more than 15 days, maximum of three uses per calendar year, after receiving permission from the Director of Community Development.
(15) Political Signs. Signs announcing candidates seeking public office, ballot issues and other information pertinent thereto shall be permit¬ted. Such signs may be displayed not more than 60 days prior to and not later than 7 days after the election for which the sign is in¬tended.
B. Signs and Other Devices Prohibited in All Zoning Dis¬tricts. The following signs and other devices shall not be permitted, erected or maintained in any zoning district, notwithstanding anything else to the contrary contained in this Section or elsewhere:
(1) Signs which flash, revolve, move, visually dissolve copy, scroll copy, animate copy or vapor produce, including any sign that moves in whole or in part. Clocks, hanging signs which move by action of normal wind currents, time and temperature signs, barber poles and Changeable Message Signs are excepted, provided that they otherwise comply with all provisions of this regulation.
(2) Light sources which cast light on signs unless shielded by opaque material so that lamps are not visible from off the property on which the signs are located.
(3) Any sign or sign structure which constitutes a hazard to public safety or health.
(4) Signs which by reason of size, location, content, coloring or manner of illumination, obstruct the vision of drivers, either when leaving a roadway or driveway, or obstruct or detract from the visibili¬ty or effectiveness of any traffic sign or control device on public streets and roads.
(5) Any sign which obstructs free ingress to or egress from a fire escape, door, window or other required building exit.
(6) Signs which make use of words such as “Stop,” “Look,” “One Way,” “Danger,” “Yield” or any simi¬lar words, phrases, symbols, lights or characters, in such a manner as to interfere with, mislead or confuse traffic.
(7) Any obsolete sign which no longer advertises a bonafide business conducted or product sold.
(8) Signs on public property or public rights of way, unless erected by a governmental body, or unless required to be so located by order of a governmen-tal body, with exception of signs under subsection (3)(A)(10) supra, provided that no such sign shall be placed in any public park.
(9) Signs painted on, attached to, or supported by a tree, stone, cliff or other natural object, except signs permitted under subsection (3)(A) supra.
(10) String lights used for illumination, other than temporary holiday uses, which are not shielded from off the property on which they are locat¬ed.
(11) Any searchlights, pennants, and/or streamers, except for grand openings, not to exceed 15 days duration, and then only with the prior permission of the Director of Community Development.
(12) The outdoor display of products for sale, greater than 10 feet from applicant’s store¬front, with the exception of automobiles, passenger vans and light pick-up trucks dis¬played at an automobile dealership. [Ord. 95-3]
C. Limit on Number of Signs Per Premises. Notwithstand¬ing anything else to the contrary in this regulation or else¬where, no more than three signs may be erected or maintained on any zone lot at any one time, except when a building is located on a corner lot and has public entrances on two or more public ways, or where a building has both a front and rear public entrance, one additional sign may be erected; and except in Industrial Business Centers as provided in subsection (4)(N) infra. A double faced sign shall count as a single sign. Signs enumerated in subsection (3)(A) and subsection (4)(J) infra shall not be included in calculating the total. [Ord. 2018-09]
D. Limit on height of signs. The height limit of any freestanding sign shall be determined relative to the surface elevation of the nearest road from which the freestanding sign is intended to be viewed. If the center-line elevation of the road cartway has a higher elevation than the ground elevation at the proposed sign location, when measured along a line connecting these two points and running perpendicular to the adjoining lot line, the sign height limit may be increased by the resulting difference in elevation; however no sign or any part thereof (including braces, supports or lights) shall exceed a height of 20 feet above the center line elevation of the road cartway if erected at the right of way line of the street, road or highway adjoining the premises on which the sign is located, plus 1 foot additional height for each 3 lineal feet that said sign is located from such street, road or highway as measured on a perpendicular line from such right of way line to the nearest part of the sign. If this same method of measurement indicates that the ground at the proposed sign location has either a higher elevation than or the same elevation as the center-line elevation of the road cartway from which the sign is intended to be viewed, then the sign height limit shall not exceed a height of 20 feet if erected at the right of way line of the street, road or highway adjoining the premises on which the sign is located, plus 1 foot additional height for each 3 lineal feet that said sign is located from such street, road or highway as measured on a perpendicular line from such right of way line to the nearest part of the sign.
The above notwithstanding, under no circumstances shall any sign exceed 35 feet in height regardless of its distance from the right of way line. In all cases height shall be measured from the actual grade of the premises directly below the face of the sign (exclusive of any mounds or other additions to the grade level) to the highest part of the sign. [Ord. 2018-06]
E. Limit of Sign Area. Notwithstanding anything else to the contrary in this regulation, the total sign area per zone lot shall not exceed 3 square feet per lineal front foot of that portion of the building occupied by the occupant of said zone lot, except that no premises shall be limited to less than 32 square feet of total sign area. In no case shall the total sign area of all signs on one zone lot exceed 250 square feet (including directional signs as provided in subsection (4)(F)(3), supra), except in shopping centers as provided in subsection (4)(H), infra and subsection (4)(J) infra (temporary signs), and Hospital and Medical Campuses as provided in subsection (4)(M) infra, and Industrial Business Centers as provided in subsection (4)(N) infra. Notwithstanding anything else to the contrary in this Section, the total sign area for a basement premises shall not exceed 20 square feet. [Ord. 04-12, amended by Ord. 13-09 and Ord. 2018-09]
F. Safety and Maintenance.
(1) All signs and all parts thereof including, but not limited to, framework, supports, background, an¬chors and wiring systems, shall be constructed and maintained in compliance with the building, elec¬trical and fire prevention codes of Hampden Town¬ship as they now exist, or as they may be thereaf¬ter adopted. In the absence of an electrical code ordinance, the National Electrical Code shall be used as the standard for all wiring systems.
(2) All signs and all parts thereof shall be kept in a good state of repair and maintenance.
G. Signs on Vehicles. Any vehicle or trailer with a sign or signs attached thereto placed or painted thereon, visible from any public right-of-way, shall be prohibited, subject to the following exceptions:
(1) Any vehicle or trailer which is actively engaged in making deliveries, pickups or otherwise actively in use and the sign face does not protrude in excess of one inch from the vehicle. Such vehicle or trailer when not in use shall be parked so as not to be visible from any public right-of-way; or
(2) Where no alternate location for parking, that is not visible from the public right-of-way, is reasonably available, such alternate location shall be as inconspicuous from the public right-of-way as possible. [Ord. 04-12]
4. Specific Sign Types and Uses.
A. Projecting Signs. In addition to the general provi¬sions of this Section, the following specific regulations shall apply to all projecting signs:
(1) No sign shall project more than 5 feet beyond the building line in the direction of the street, nor shall any portion of any projecting sign be closer than 2 feet to the face of the street, curb or curb line.
(2) No portion of any sign shall be less than 8 feet above ground level.
(3) No single face of a sign shall exceed 15 square feet in sign area.
(4) No sign shall have a vertical dimension greater than 6 feet.
(5) There shall be no more than one projecting sign on any building unless the building is located on a corner lot or has public entrances on two or more public ways, in which case one projecting sign may be erected for and toward each public way.
B. Wall Signs. In addition to the general provisions of this regulation, the following specific regulations shall apply to all wall signs:
(1) No sign shall extend above the top of the wall upon which it is placed.
(2) No sign, or any part thereof, shall project more than 12 inches from the wall upon which it is mounted. If external lighting is used, lighting attached to a wall must be at least 10 feet above the surface of the ground level and may project no more than 2 feet from the wall of the building.
(3) No sign shall extend beyond the left and right extremities of the wall to which it is attached.
(4) There shall be not more than two signs per wall on any building or structure, and aggregate sign area shall have a total area of not more than 100 square feet or 25% of the wall area, whichever is less. Where a building in a shopping center in the C-G zoning district is located more than 400 feet from a public street, the aggregate sign shall have a total area of not more than 250 square feet or 25% of the wall area, whichever is less. [16-08]
C. Ground Pole Signs. In addition to the general provi¬sions of this regulation, the following specific regulations shall apply to all ground pole signs:
(1) Every ground pole sign and all parts, braces and supports thereof shall be located entirely within the property lines of the premises and shall not project over public rights of way or other adjoin¬ing lands. Ground pole signs are permitted between the property line and the building setback lines, except where otherwise prohibited.
(2) A ground pole sign shall have no more than two faces or advertising sides.
(3) No single face or advertising side of a ground pole sign shall have an area which exceeds the square footage calculated by multiplying 1 square foot times 1/2 the number of lineal front feet which the subject zone lot has adjoining on a public `street, road or highway measured at the right- of way line, but in no event shall any such face or side exceed 50 square feet. Where the frontage of any zone lot is less than 64 lineal feet, a single face or advertising side shall be permitted not to exceed 32 square feet.
(4) No ground pole sign face or advertising side shall have any dimension (length, width, diameter, etc.) in excess of 10 lineal feet.
(5) All ground pole signs hereafter erected shall be located within a planted green area at least equal to the allowable area of a single face or advertis¬ing side for the subject sign, which area shall also include ornamental evergreen shrubbery to minimize the visibility of poles, supports and braces of such sign.
D. Roof Signs. In addition to the general provisions of this regulation, the following specific regulations shall apply to all roof signs:
(1) The highest point of a roof sign shall not exceed the building height limitation as provided in this Section as applicable to the pertinent zoning district.
(2) Not more than one roof sign may be erected or main¬tained on a single zone lot.
E. Off Premises Advertising Signs. In addition to the general regulations of this regulation, the following specific regulations shall apply to all off premises advertising signs, except directional signs:
(1) Such signs are permitted only in the C G and I G Zones as designated in this Chapter.
(2) Such signs are subject to the following restric¬tions:
(a) No sign shall be located at a lesser distance than 300 lineal feet from (a) the district boundary line of any adjoining R S or R T zoning district, or (b) any building used for residential purposes.
(b) No such sign shall be located on a lot having a frontage or width along a street, road or highway adjacent to the sign less than:
1) One hundred feet in the C G zoning district where the lot is served by munici¬pal sani¬tary sewerage.
2) One hundred fifty feet on any lot in the I G zoning district, or where the lot is located in the C G zoning district and is not served by municipal sanitary sewerage.
(c) The maximum sign area for any one sign facing shall be 300 square feet (in¬clusive of any border or trim, but excluding the base or apron supports and other structural members), except in zoning districts where the sign is located adjacent to and intended to be seen by vehicu¬lar traffic on the limited access highway known as State Route 581 in which latter location said sign area shall not exceed 700 square feet per facing (inclusive of any border, trim or embellishment (which embellish¬ment shall not exceed 28 square feet of area), but excluding the base or apron, supports and other structur¬al members). The term “facing” herein above and in subsection (d) herein below shall mean the surface area of the structure containing the message of the sign.
(d) A sign structure shall contain not more than two facings, with only one sign per facing, which facings may be placed only back to back or V shaped at an interior angle of less than 90 degrees.
(e) No portion of any sign shall exceed a height of 35 feet above ground level. All off-premises advertising signs shall be set back from any adjacent building or structure a distance equal to the overall height of the sign. [Ord. 93-5]
(f) All such signs shall be attached to the ground by a single vertical metal or concrete post, pillar, pole or column.
(g) Signs shall not be located at a lesser dis¬tance in any direction from each other than 3,000 lineal feet.
(h) All signs shall be located not less than 40 lineal feet from the legal right of way line of any existing street, road or highway or from the dedicated right of way line of any street, road or highway as shown on a subdivision or land development plan approved by this Town¬ship.
(i) Signs may be illuminated, but no direct ray of light shall extend beyond the face of the sign.
(j) The construction of all signs shall comply with all building/construction regulations of this Township.
(k) Every sign shall be identified on the struc¬ture with the name of the owner.
(l) All applications for off premises advertis¬ing signs shall include a written agreement of contract signed by the owner of the parcel or zone lot on which the off premises sign will be located which allows for the placement of such signs on the property.
F. Directional Signs. In addition to the general provi¬sions of this regulation the following specific regula¬tions shall apply to all permanent directional signs:
(1) Signs may be erected near roadways to direct vehi¬cles or pedestrians to zone lots not located on such roadways, but the access to which is from such roadways. Such signs may not be erected in any public right of way. Written permission from the owner of the property where the sign will be placed, including a site plan showing the location of the directional sign, must be submitted with the sign permit application.
(2) Directional signs shall be limited to ground pole signs with a maximum area of 6 square feet on a single face or 12 square feet on a double faced sign.
(3) The area of a directional sign located off premises shall be charged against the total area of the sign owner’s on premises allowable maximum sign area as provided in subsection (3)(E) hereinabove.
(4) The content of directional signs shall be limited to the name of the establishment and direction and distance information.
(5) Directional signs shall not be located more than 500 feet from an entrance or other roadway or entrance and shall be on the same side of the road as the advertiser’s premises.
(6) When two or more directional signs are request¬ed at the same location, all information shall be com¬bined in one sign which shall not exceed an area of 12 square feet for a single faced sign or 24 square feet for a double faced sign.
G. Real Estate Development Marketing Signs. In addition to the general provisions of this regulation, the following specific regulations shall apply to all real estate development marketing signs:
(1) The use of real estate development marketing signs shall be limited to those developers or owners having a minimum of six lots in one subdi¬vi¬sion.
(2) Such signs must be located within the development.
(3) Such signs may advertise only the lots in the subdivision in which the sign is located and shall not include the realtor’s, developer’s or land¬owner’s business in general. The content of such signs shall be limited to the name of the develop-ment, the principal contractors, architects and lending institutions responsible for construction in the development, the developer’s name, sales agents and telephone numbers.
(4) Such signs shall conform to relevant setback line require¬ments.
(5) Such signs shall be limited to a maximum of two per subdivision entrance.
(6) The maximum sign area of any such single faced sign shall be 20 square feet and, for any such double faced sign, 40 square feet. No part of such sign shall be more than 10 feet in any dimension.
H. Shopping Center Signs. In addition to the applicable general provisions of this regulation, the following specific regula¬tions shall apply to shopping centers:
(1) Only one ground pole sign advertising the shopping center and/or individual businesses within the shopping center may be erected on lands occupied by a shopping center along each public road adjoining said lands from which road access is provided to said lands.
(2) No single face or advertising side of any such ground pole sign shall have an area which exceeds the square footage calculated by multiplying 1 square foot times the product of 1/2 the number of lineal feet of shopping center lands adjoining a public road along which said sign may be located pursuant to subsection (1) immediately above, but in no event shall any such face or side exceed 150 square feet. For shopping center ground pole signs in the C-G zoning district, the lineal feet of shopping center lands adjoining a public road shall be measured before the subdivision of any outparcels. [16-08]
(3) A ground pole sign permitted by this subsection (H) shall have no more than two faces or advertis¬ing sides.
(4) Except as otherwise specifically allowed or limited in this subsection (H), the provisions of subsec¬tion (4)(C) supra pertaining to ground pole signs gener¬ally shall apply to ground pole signs allowed in shopping centers.
(5) In addition to any advertising included on any ground pole sign allowed above, each individual business within the shopping center shall be allowed and limited to wall signs in accordance with subsection (4)(B) herein above; except that retail stores that (i) have a gross floor area in excess of 40,000 square feet and (ii) include two or more retail uses that are recognized as separate industries or industry groups under the Retail Trade sector of the latest edition North American Industry Classification System (NAICS) shall be permitted to have two or more wall signs with an aggregate sign area of 250 square feet or 25% of the wall area, whichever is less, provided that no individual wall sign shall exceed a sign area of 100 square feet or 25% of the wall area, whichever is less. Where a retail store in a shopping center in the C-G zoning district meets the criteria in this subsection and is located more than 400 feet from a public street, the aggregate sign area shall be 625 square feet or 25% of the wall area, whichever is less, provided that no individual wall sign shall exceed a sign area of 250 square feet or 25% of the wall area, whichever is less. [Ord. 16-08]
I. Business Office Building Signs and Business Office Complex Signs. In addition to the general provisions of this regulation, the following specific regulations shall apply to business office building signs and business office complex signs:
(1) Only one ground pole sign which bears the name of a business office building together with the name of each business occupant may be erected on the lands occupied by such use and shall be limited to the provisions of subsection (4)(C) supra.
(2) Only one ground pole sign which bears the name of a business office complex together with the name of each business occupant may be erected on the lands occupied by such use and shall be limited to the provisions of subsection (4)(C) supra.
(3) Each business occupant shall be limited to one wall sign in accordance with the provisions of subsec¬tion (4)(B) supra.
J. Temporary Signs. In addition to the general provisions of this regulation, the following specific regulations shall apply to temporary signs:
(1) An individual business shall be limited to one temporary sign at any one time, and further limited to a total of three 30 day usages per calendar year.
(2) A temporary sign shall relate only and directly to the business located on the same zone lot.
(3) A temporary sign shall have no more than two adver¬tising sides or faces.
(4) A single advertising face or advertising side of a temporary sign other than a banner shall not exceed 24 square feet in area.
(5) A temporary sign face or advertising side shall not have any dimension (length, width, height, diame¬ter) in excess of 6 lineal feet.
(6) Temporary signs may be placed no further than 10 feet from the applicant’s storefront. This re¬quirement applies to all multitenant buildings and uses. [Ord. 95-3]
(7) A temporary sign permit application must be filed and approved before a temporary sign can be dis¬played. Accompanying a temporary sign application shall be:
(a) A site plan showing the location of the build¬ing, structure or zone lot to which the sign is to be attached or erected, and showing the position of the sign in relation to nearby buildings and thorough¬fares.
(b) A plan showing the design of the sign, mate¬rials to be used, color, lighting, size of letter¬ing, method of construction, dimensions, and the means of attachment to the building or ground.
(c) An application fee in an amount to be deter¬mined, from time to time, by a duly adopted resolution of the Township Board of Commission¬ers.
(8) When a temporary sign permit is issued, the appli¬cant will receive a temporary sign decal. This decal shall be affixed to the bottom right corner of the approved temporary sign for the entire length of time the sign is permitted to be dis¬played and shall only be affixed on the approved temporary sign, and no other. At the end of the approved display time the decal shall be deemed expired and therefor null and void, and the tempo¬rary sign shall be removed.
K. Permanent Non-Residential Development Signs. In addition to the general provisions of this section, the following specific regulations shall apply to all permanent non-residential development signs:
(1) A non-residential subdivision shall be a development that has subdivided a minimum of four (4) non-residential lots to qualify for a permanent non-residential development sign.
(2) Permanent non-residential development signs shall only be permitted in the OP District and when the proposed development is primarily office buildings in the AO, AOL and CPL Districts.
(3) The maximum sign area of a permanent non-residential development sign shall not exceed fifty (50) square feet, whether it be one-sided or two-sided. No sign shall have more than two (2) faces or sides.
(4) No more than two (2) signs for the same non-residential development may be located within one thousand (1,000) feet of each other and only at major entrances to the development.
(5) The content of the sign shall be limited to the name or the logo of the non-residential development and no more than one (1) occupant within the development, with the former being predominant.
(6) No permanent non-residential development sign or any part thereof (including brace, structure, supports or lights) shall exceed the height of fifteen (15) feet.
(7) All permanent non-residential development signs hereafter erected shall be placed within a landscaped area at least equal to the allowable area of a single face or side for the subject sign.
(8) When a shopping center has signs under Section 1721.4.H, the shopping center shall not also have a separate sign under this section.
L. Changeable Message Signs (CMS). In addition to all other applicable provisions of these regulations, the following specific regulations shall apply to all Changeable Message Signs (CMS):
(1) Changeable Message Signs (CMS) shall be permitted when used only in conjunction with ground-pole, On-Premises Advertising signs and all Off-Premises Advertising signs.
(2) Only one On-premise Advertising Sign containing a CMS shall be permitted for each lot regardless of the number of retail stores, service facilities, service providers and other commercial uses on the lot. No Off-Premise Advertising Sign containing a CMS shall be located within 3000 radial feet of any other Off-Premises Advertising Sign containing a CMS. The 3000 radial feet distance shall be measured in all directions and from off-premises CMS located within all neighboring municipalities.
(3) On-Premise Advertising Signs shall have fixed copy for a minimum of 1 (one) minute and Off-Premise Advertising Signs shall have fixed copy for a minimum of 10 (ten) seconds.
(4) Transition between messages shall be instantaneous. There shall be no visual dissolve or fading, in which any part of one message appears simultaneously with any part of a second message.
(5) Messages shall not blink, travel, scroll, be animated, flash or include movement.
(6) Brightness levels shall be automatically adjusted to ambient light levels and
shall not exceed 0.20 foot candles above ambient light levels as measured at five (5) feet above grade, using all-white setting, at any time of day or night. Measurement shall be from the following distances:
Signs (Sq. Ft.) Distance (Feet)
Less than 300 150
Greater than 400 250
(7) Light from a Changeable Message Sign shall not exceed 0.2 foot candles above
ambient light levels on any property containing a residential use as measured at the property line of the zone lot along a line-of-sight to the sign.
(8) Owner or applicant of a Changeable Message Sign shall permit message access for local, regional, state and national emergency services during emergency situations. Emergency messages are not required to conform to message standards listed herein.
(9) Advertising copy on Off-Premises Advertising Signs shall not display messages for any retail store, service facility, service provider or other commercial use where the property line of the lot on which the use is conducted is within 500 radial feet of the Off-Premises Advertising Sign.
(10) No Changeable Message Sign shall display content that replicates or depicts any traffic control device or signal.
M. Hospital and Medical Campus. In addition to the general provisions of this regulation, the following specific regulations shall apply to signs located in and about a Hospital and Medical Campus:
(1) Permitted signs. Not withstanding anything else to the contrary in this regulation, a Hospital and Medical Campus may construct the following signs with dimensions as set forth in this section 4.M:
(a) Ground Pole Sign. A Hospital and Medical Campus may erect one ground pole sign with no more than two faces. In no event shall any such face or side exceed 125 square feet. The ground pole sign may incorporate a Changeable Message Sign on each face. The ground pole sign may be located on the lot containing the Hospital and Medical Campus. Alternatively, it may be erected on a different lot located within 1,000 lineal feet of the property line of the lot containing the Hospital and Medical Campus along a state-owned roadway to direct vehicles or pedestrians to the Hospital and Medical Campus. If located on a different lot, it shall be regulated as an On-Premises Advertising Sign. The ground pole sign shall prominently display whether or not the Hospital includes an emergency room. Such sign may not be erected in any public right of way. If not located on the lot containing the Hospital and Medical Campus, written permission from the owner of the property where the sign will be placed, including a site plan showing the location of the ground pole sign, must be submitted with the sign permit application. A ground pole sign on a different lot shall not count against the maximum signage permitted on that lot.
(b) Wayfinding Signs. In addition to other signage permitted within a Hospital and Medical Campus, wayfinding signs are permitted on the lot containing the Hospital and Medical Campus. Such signs may be erected along public and private roadways to direct vehicles or pedestrians to particular uses within the Hospital and Medical Campus. Such signs may not be erected in any public right of way, and may have no more than two faces. Wayfinding signs shall prominently display directions to the emergency room, if any. Wayfinding signs shall be ground pole signs with a maximum height of 10 feet and a maximum area of 45 square feet per face. The content of wayfinding signs shall be limited to the name and logo of the owner of the Hospital and Medical Campus and the name and direction of particular uses within the complex. The area of wayfinding signs shall not be charged against the total area of the sign owner’s maximum allowable signage.
(c) Roof Sign. The Hospital and Medical Campus may have one Roof Sign with one face. The Roof Sign may not exceed 600 square feet.
(d) Street Number Signs. Each building within the Hospital and Medical Campus that is open to the public may have a street number sign prominently displayed on each wall of the building that faces a public or private street or parking lot. Each number sign must be visible from the nearest public street and may not exceed 50 square feet. The area of number signs shall not be charged against the total area of the sign owner’s maximum allowable signage.
(e) Wall Signs. Each building within the Hospital and Medical Center Campus may have one Wall Sign with one face for each side of the building that faces a public or private street or parking lot. Each Wall Sign may not exceed 50 square feet.
(f) Emergency Room and Ambulance Signs. In addition to the above signs, each Hospital that is equipped with an emergency room shall have signs designating the location of the emergency room at each public entrance to the emergency department and an ambulance sign at each ambulance entrance. Each such sign shall not exceed 40 square feet.
N. Industrial Business Center Signs. In addition to the general provisions of this regulation, the following specific regulations shall apply to Industrial Business Center signs.
(1) Only one ground pole sign advertising the Industrial Business Center
and/or individual businesses within the Industrial Business Center may be erected on the zone lot occupied by an Industrial Business Center along each public road adjoining said lands from which road access is provided to said lands; except that where said zone lot has more than 500 feet of frontage along a public road adjoining said zone lot from which road access is provided to said zone lot, then an additional ground pole sign is permitted on said zone lot as long as there is a minimum separation distance of 500 feet between said ground pole signs on said zone lot.
(2) No single face or advertising side of any such ground pole sign shall have an area which exceeds the square footage calculated by multiplying 1 square foot times the product of ½ the number of lineal feet of the zone lot adjoining a public road along which said sign may be located pursuant to subsection (1) immediately above, but in no event shall any such face or side exceed 50 square feet.
(3) A ground pole sign permitted by this subsection (N) shall have no more than two faces or advertising sides.
(4) Except as otherwise specifically allowed or limited in this subsection (N), the provisions of subsection (4)(C) supra pertaining to ground pole signs generally shall apply to ground pole signs allowed in Industrial Business Center.
(5) In addition to any advertising included on any ground pole sign allowed above, each individual business within the Industrial Business Center shall be allowed and limited to wall signs in accordance with subsection (4)(B) herein above; except that buildings that (i) have a gross floor area in excess of 40,000 square feet and (ii) include two or more businesses shall be permitted to have two or more wall signs with an aggregate sign area of 250 square feet or 25% of the wall area, whichever is less, provided that no individual wall sign shall exceed a sign area of 100 square feet or 25% of the wall area, whichever is less.
(Ord. 00-08, 6/29/00, §1; as amended by Ord. 04-12, 12/07/2004, §I, Ord. 12-05, 08/30/2012,
Ord. 13-09, 09/26/2013, Ord. 16-08, 10/27/2016, Ord. 2018-06, 04/26/2018; and by Ord. 2018-09, 06/28/2018)
5. Signs in Residential Zones.
A. Signs in Residential Zones R S, R C, R T and F S C:
(1) All signs are prohibited in residential zones as defined in this Chapter (R S, R C, R T and F S C), except those signs allowed under subsection (3)(A) supra or as allowed as nonconforming sign uses under subsection (9)(A) infra.
(2) Illuminated signs are prohibited in residential zones except for street address signs, signs indicating churches or other places of worship, and municipal signs necessary for public safety.
(3) Notwithstanding anything else to the contrary in this regulation, no sign may be erected or maintained in a residential zone which exceeds a maximum sign area of 25 square feet. [Ord. 96-1]
(4) One sign not to exceed a maximum sign area of 6 square feet and a maximum height of 6 feet, may be erected only on a zone lot containing at the date of enactment of this subsection an approved permitted or approved conditional nonresidential use in any R-S, R-C, R-T or F-S-C zoning district. [Ord. 96-1]
(5) Changeable Message Signs are prohibited in all residential zoning districts
(R-S, R-C, R-T, F-S-C) for both existing and future proposed signs.
6. Abandoned Signs.
A. ABANDONED SIGN an abandoned sign shall mean:
(1) A sign which has remained without bonafide adver¬tis¬ing for a period of 6 months, and for which the sign owner has not made application for a current permit as provided herein below, or which is with¬out a current lease or license from the landowner, or as to which the sign owner has ceased to attempt to lease the advertising space; or,
(2) A sign which requires maintenance or repair in excess of 25% of the replace¬ment cost of the sign as determined by the Director of Community Development after consultation with the sign owner if said owner can be identified from the permit previously issued for such sign.
B. Removal of Abandoned Sign. Signs that are abandoned shall be removed by the persons responsible for the erection and/or maintenance thereof within 30 days after notice of the abandonment to such persons by the Director of Community Development. If such persons fail or refuse to remove such abandoned sign after the notice aforesaid, the Director of Community Development may remove the signs at the expense of the persons responsible for the erection and/or maintenance thereof.
A. Director of Community Development
(1) Appointment. The Board of Commissioners by reso¬lu¬tion shall appoint the Director of Community Development and any assistants to enforce the provisions of this regulation.
(2) Duties of the Director of Community Development
(a) The Director of Community Development shall exam¬ine all applications for permits to erect and/or maintain signs and shall issue permits for signs which conform to the requirements of this regulation. The Director of Community Development, or designees, shall record and file all appli-cations, conduct an inspection of all signs and make such reports as the Board of Commissioners may require.
(b) When the Director of Community Development finds that any sign has been constructed, structural¬ly changed, altered or erected, or is being maintained in violation of the provisions of this Section, the owner, lessee or lessor shall be promptly notified thereof in writing. If the owner, lessee or lessor fails to remove or alter the sign so as to comply with the provisions of this regulation within 10 days of the mailing of written notice, the Director of Community Development shall commence enforcement proceedings as provided in subsection (7)(E) “Enforcement Remedies,” infra.
(c) When the Director of Community Development finds any sign which presents an immediate peril to persons or property, he or she shall be empow¬ered to order it to be removed and the costs of such removal shall be borne by the owner or lessor and shall constitute a lien upon the premises.
B. Sign Permits.
(1) General Provisions for All Signs Requiring Permits. All applications for sign permits shall be made on forms supplied by the Director of Community Development. Permits must be kept on the premises (except for off premises signs) where the sign is displayed and must be produced and exhibited to the Director of Community Development upon request.
(2) Permits to Erect New Signs or to Alter or Move Existing Signs.
(a) No sign hereafter shall be erected, struc¬tural¬ly changed, altered or moved until a permit has been obtained therefor from the Director of Community Development. Such permit shall be issued only when the Director of Community Development is satisfied that such sign will comply with all of the applicable provisions of this Section.
(b) An application for a sign permit shall be made on the forms provided above and shall contain or have attached thereto the following informa-tion:
1) Name, address and telephone number of appli¬cant.
2) A site plan drawn to scale showing the loca¬tion of the building, structure or lot to which the sign is to be attached or erected, and showing the position of the sign in relation to nearby buildings and thoroughfares.
3) A plan drawn to scale showing the design of sign, materials to be used, colors, light¬ing, size of lettering, method of construc¬tion, and means of attachment to the build¬ing or ground.
4) Name of person, firm, corporation or asso¬ci¬ation erecting, altering or moving said sign.
5) Name and address of the owner of the land on which the sign is to be erected, altered or relocated, together with the owner’s written consent.
6) Any other information as the Director of Community Development shall require in order to show full compliance with this Section and all other applicable ordinances of this Township.
(c) Within 5 days after a sign has been installed, the owner of the sign shall notify the Director of Community Development, who shall in¬spect the sign. If the sign is installed in accordance with the permit, the permit shall be validated by signature of the Director of Community Development. All installed signs must be duly vali¬dated.
(3) Permits for Existing Signs. All owners of signs in existence at the time of the effective date of this Section who do not hold permits shall make application for sign permits within 90 days of said effective date. After receipt of an applica¬tion to permit an existing sign, the Direc¬tor of Community Development shall inspect the sign. If the sign is safe and in good repair and otherwise in compli¬ance with this regulation, a permit shall be issued to the applicant.
C. Permit Fees.
(1) Every applicant for a permit hereunder shall pay to the Township a fee for each sign regulated by this Section in accordance with a sign permit fee schedule, as may be adopted from time to time, by the Board of Township Commissioners.
(2) Every applicant for a permit hereunder for a tempo¬rary sign shall pay to the Township a fee in accor¬dance with subsection (4)(J)(6)(c) of this regula¬tion.
D. Disclaimer of Municipal Liability. The grant of a permit shall not constitute a representation, guarantee or warranty of any kind by the Township of Hampden or by any official or employee thereof of the practicability or safety of the proposed or existing sign or use, and shall create no liability upon the Township, its officials or employees.
(1) Any violation or attempted violation of this Section or of any condition or requirement adopted pursuant hereto may be restrained, corrected or abated, as the case may be, by citation, injunction or other appropriate proceeding pursuant to state law. The remedies of the Township shall include the following:
(a) Issuing a stop work order for any and all work on any signs on the same zone lot.
(b) Seeking an injunction or other order of re¬straint or abatement that requires the removal of the sign(s) or the correction of the noncon¬formity.
(c) Imposing any penalties that can be imposed directly by the Township; seeking in court the imposition of any penalties that can be imposed by such court under this regulation.
(d) In the case of a sign that poses an immedi¬ate danger to the public health or safety, taking such measures as are available to the Township under the applicable provisions of this regula¬tion and the Building Code for such circum¬stances.
(2) The Township shall have such other remedies as are and as may from time to time be provided for or allowed by State law for the violation of this Section.
(3) All such remedies provided herein shall be cumula¬tive to the extent that State law may permit the availability of a particular remedy set forth herein for a certain violation or part thereof, such remedy shall remain available for other viola¬tions or other parts of the same violation.
8. Nonconforming Signs.
A. All signs which are in existence on the effective date of this regulation and have been previously issued a valid sign permit, which do not conform to one or more of the applicable provisions of this Section with the exception of those signs prohibited under subsection (3)(B) (“Signs Prohibited In All Districts”) above shall be eligible for a nonconforming sign permit, which permits shall be issued under the provisions of subsec¬tion (7)(B )above but shall be marked as “Nonconforming Sign Permit.”
B. Any sign which is in violation of subsection (3)(B) herein¬above shall be removed or brought into compliance with the provisions of this Section within 30 days after the effective date of this Section. It shall be unlawful to maintain a sign in violation of subsect¬ion (3)(B) supra. The Director of Community Development is empowered to institute enforcement proceedings after the expiration of 30 days for any violation of this subsec¬tion (8)(B).
C. All nonconforming signs shall be permitted to remain in present form and status until removed, at which time any replacement sign shall comply with the provisions of this regulation. [Ord. 98-7]
D. Any nonconforming sign shall be brought into compli¬ance with the provisions of this Section when any proposed structural change, alteration, repair or maintenance would constitute an expense of more than 25% of the replacement value of the sign.
E. With respect to off-premises advertising signs, the original as-built shape and size of the sign shall be the maximum area permitted, regardless of the allowable square footage indicated on the original permit. [Ord. 95-3]
F. A nonconforming off-premises advertising sign may not be enlarged in any way. [Ord. 95-3]
G. Regardless of any other provision of this Ordinance to the contrary, the owner of a legal non-conforming Off-Premises Advertising Sign or On-Premises Advertising Sign may convert the sign face to a CMS provided the Sign Area, height and any other dimension, if non-conforming, are not increased, and if the sign use is a non-conforming use, there is no increase to the sign size or change in shape, and in either case, the requirements of Section 1721.4.L.1, 3, 4, 5, 6, 7, 8 and 10 are met; however, the sign face of any nonconforming sign in any residential district (R-S, R-C, R-T, F-S-C) shall not be permitted to be converted to a CMS. [Ord. 12-05]
9. Nonconforming Sign Uses.
A. A sign in use and existing upon the effective date of this Section but which would be prohibited by this regulation because of its existence in a zoning district prohibiting such sign shall be permitted to remain in existence as a nonconforming sign use provided that such sign had been previously issued a valid sign permit.
B. The Director of Community Development shall document the status of nonconforming sign use on the sign permit required under subsection (7)(B) above. Such documenta-tion shall be the exclusive evidence and proof of the status of a nonconforming sign use.
10. Removal of Signs. The Director of Community Development shall order the removal of any sign constructed, erected or maintained in violation of this Section. Ten days notice in writing shall be given to the owner and/or lessor of any such sign, or of the building, structure or zone lot on which such sign is located, to remove the sign or to obtain a permit in order to bring it into compliance with this regulation. If it reasonably appears that the condition of the sign is such to present a threat to the safety of the public, the Director of Community Development may order the removal of the sign immediately. Any costs of removal incurred by the Township shall be assessed to the owner of the property on which the sign is located, or to the sign owner or lessee if different than the property owner, and may be collected in the manner provided by law.
(Ord. 84-2, 3/29/1984, §1620; as added by Ord. 93-5, 4/6/1993, §1; as amended by Ord. 95-3, 6/1/1995, §1; by Ord. 96-1, 3/26/1996, §1; by Ord. 98-7, 8/27/1998; by Ord. 04-12, 12/07/2004, §I, and by Ord. 12-05, 08/30/2012))
§1722. TEMPORARY COMMERCIAL OPERATIONS.
Nonresidential property shall not be used or permitted to be used for the temporary, casual or seasonal subuse of such property for commercial for profit uses by a person or entity other than the owner or holder of the certificate of use previously issued for said property.
(Ord. 84-2, 3/29/1984, §1621; as added by Ord. 98-1, 1/29/1998, §1)
§1723. SCREENING FOR TRASH STORAGE AREAS.
In all zoning districts:
A. Outside commercial trash, refuse or recycling dumpsters shall be located within an enclosure sufficient to screen such containers from sight from all adjacent properties and from any adjacent roads, streets or other accessways.
B. Where more than one residential unit makes use of outside trash, refuse or recycling dumpsters, cans, bins or other containers or when more than one residential unit makes use of an area designated for such containers, then either the container(s) or the area shall be screened by an enclosure from all adjacent properties and from any adjacent roads, streets or other accessways.
(Ord. 00-01, 1/27/00)
§1724. WIND TURBINES
Wind Turbines, when authorized by the Zoning Hearing Board, shall be permitted by special exception subject to the following conditions:
1. The Wind Turbine shall be independent of any structure and shall be located a minimum distance of 1.5 times the Turbine height from any structure or property line.
2. No part of the Wind Turbine shall be located within or above any required front, side or rear setback.
3. The minimum height of the lowest position of the wind rotor shall be fifteen (15) feet above the ground. Maximum height shall not exceed maximum building height for the Zoning District in which the Wind Turbine is placed. Roof-mounted wind turbines shall not exceed three (3) feet above the peak of the roof to which they are mounted.
4. Wind Turbines shall not be climbable up to twelve (12) feet above the ground surface.
5. All Wind Turbines shall comply with the Pennsylvania Uniform Construction Code, Act 45 of 1999 as amended, and the regulations adopted by the Department of Labor and Industry.
6. The design of the Wind Turbine shall conform to applicable industry standards, including those of the American National Standards Institute. The Applicant shall submit certificates of design compliance obtained by the equipment manufacturers from Underwriters Laboratories, Det Norske Veritas, Germanischer Lloyd Wind Energies, or other similar certifying organizations.
7. Wind Turbines shall be equipped with a redundant braking system. This includes both aerodynamic overspeed controls (including variable pitch, tip and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for overspeed protection.
8. All electrical components of the Wind Turbine shall conform to the relevant and applicable local, state and national codes, and relevant and applicable international standards.
9. Wind Turbines shall be a non-obtrusive color such as white, off-white or gray.
10. Wind Turbines shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.
11. Wind Turbines shall not display advertising, except for reasonable identification of the turbine manufacturer, which sign shall have an area of less than two-hundred (200) square inches.
12. On-site transmission and power lines shall, to the maximum extent practicable, be placed underground.
13. A clearly visible warning sign concerning voltage must be placed at the base of all pad mounted transformers and substations.
14. Visible, reflective, colored objects, such as flags, reflectors, or tape, shall be placed on the anchor points of guy wires and along the guy wires up to a height of ten (10) feet from the ground.
15. The Applicant shall avoid any disruption or loss of radio, telephone, television or similar signals, and shall mitigate any harm caused by the Wind Turbine.
16. When a building is necessary for storage cells or related mechanical equipment, the building must not exceed one-hundred fifty (150) square feet in area, fifteen (15) feet in height, and must not be located within any required front, side or rear setbacks.
17. The resultant energy harnessed from the wind shall only be used on the property on which the Wind Turbine is located.
18. The Wind Turbine shall comply with all other applicable regulations and requirements as set forth in the Zoning Ordinance. However, Land Development approval shall not be required under the Hampden Township Subdivision and Land Development Ordinance for a single Wind Turbine. A Zoning Permit shall be required from Hampden Township prior to the erection of a wind turbine.
19. The landowner shall, at his/her expense, complete decommissioning of the Wind Turbine within twelve (12) months after the end of the useful life of the Wind Turbine. It shall be presumed that the Wind Turbine is at the end of its useful life if no electricity is generated for a continuous period of twelve (12) months.
20. Decommissioning of the Wind Turbine shall include removal of the Wind Turbine, buildings, cabling, electrical components, roads, foundations to a depth of thirty-six (36) inches and any other associated facilities. Disturbed earth shall be graded and re-seeded unless the landowner requests, in writing, that the access roads or other land surfaces not be restored.
21. The Wind Turbine shall be subordinate to and located on the same lot occupied by the principal use to which it relates.
22. No more than one (1) Wind Turbine shall be located on any one (1) lot.
23. Audible sound from a Wind Energy Facility shall not exceed fifty-five (55) dBA, as measured at the exterior of any Occupied Building on a Non-participating Landowner’s property. Methods for measuring and reporting acoustic emissions from Wind Turbines and the Wind Energy Facility shall be equal to or exceed the minimum standards for prevision described in AWEA Standard 2.1-1989 titled Procedures for the Measurement and Reporting of Acoustic Emissions from Wind Turbine Generation Systems Volume 1. First Tier, or any successor provision or publication.
24. The Facility Owner and Operator shall make reasonable efforts to minimize shadow flicker to any Occupied Building on a Non-participating Landowner’s property.
(Ord. 09-01, 01/29/2009, §9
§1725. OUTDOOR WOOD-FIRED BOILERS.
A. Purpose. This Section is intended to promote public health, safety and welfare and to safeguard the health, comfort, living conditions, property values, safety and welfare of the citizens of the Township of Hampden by regulating the air pollution and fire hazard of burning by use of outdoor wood-fired boilers.
B. Definitions. The following words, terms and phrases when used in Chapter 27 and this Section shall have the meanings ascribed to them as set forth below:
“Clean wood” means natural wood which has not been painted, varnished or coated with a similar material; has not been pressure treated with preservatives; and does not contain resins or glues as in plywood or other composite wood products.
“Municipality” and “Township” each mean the Township of Hampden.
“Outdoor wood-fired boiler” means a wood-fired boiler, stove or furnace that is not located within a building or structure intended for habitation by humans or domestic animals.
C. Outdoor Wood-Fired Boilers. Outdoor wood-fired boilers (“boilers”) are permitted only in the F-S-C Forest-Slope-Conservation and the R-C Residential-Country zoning districts of Hampden Township subject to the following conditions and requirements and only after the issuance of a Certificate of Use by Hampden Township:
1. Only dry clean wood may be burned.
2. Boilers may only be utilized on lots or parcels of land having three and one-quarter (3¼) or more acres.
3. Boilers must be set back at least two-hundred (200) feet from the front lot line and one-hundred (100) feet from the side and rear lot lines and five-hundred (500) feet from the nearest residential structure not on the lot where the boiler is located.
4. Boilers must be equipped with a properly functioning spark arrestor.
5. The boiler furnace may not be used as a waste incinerator.
6. Lighter fluids, gasoline and chemicals to start the boiler are prohibited.
7. Installation, use and operation must comply with all applicable county, state and/or federal laws, regulations and guidelines as well as applicable building and other codes of the Township.
8. Use shall be limited to the time period of seven (7) days after the Labor Day holiday to seven (7) days before the Memorial Day holiday.
9. Stack height shall be in accordance with the boiler manufacturer’s specifications.
10. The use of the boiler shall not cause a nuisance, as determined by the Zoning Officer, to neighboring or other property.
D. Existing Wood-Fired Boilers. Any outdoor wood-fired boiler existing as of the effective date of this Section or for which any Township of Hampden zoning or building permit has been obtained prior to the effective date of this Section shall not be required to comply with C.2 or 3, above.
E. Conflict with Codes. In the event of any conflict between any provision of this Section and the Pennsylvania Uniform Construction Code, International Mechanical Code and the International Fire Code, the more stringent and/or more protective provision shall apply and control.
(Ord. 09-02, 01/29/2009, §3)
§1726. USES NOT SPECIFICALLY REGULATED.
Any use that is clearly not permitted by this Chapter in any zoning district as of right, by special exception or by conditional use, may be permitted as a conditional use upon decision by the Board of Commissioners after consideration and recommendation by the Planning Commission pursuant to and in accordance with those standards and requirements set forth in Part 19 and elsewhere in this Chapter.
(Ord. 10-06, 08/03/2010, §1)
1727. Solar Energy Systems.
Solar Energy Systems, when permitted by this Chapter, shall be subject to the following conditions:
1. Solar panels shall be permitted for roof top installation provided that the aggregate height of the building and solar panel shall not exceed the maximum building height limit for the zoning district in which the solar energy system is located.
2. Solar panels shall be permitted as ground arrays subject to the following:
a. Ground arrays shall not be permitted between the building line or front building elevation plane and the front property line or street right-of-way line, including any area defined as a front yard in Part 2 of this Chapter and both front yards of a corner lot.
b. Ground arrays shall be located such that any glare is directed away from adjoining property.
c. Ground arrays are subject to yard setback requirements for the zoning district in which the Solar Energy System is located.
d. Ground arrays are subject to the lot coverage requirements for the zoning district in which the solar energy system is located.
3. Solar Energy Systems shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the system. In no case shall identification exceed two-hundred (200) square inches.
4. Solar Energy Systems shall be a non-obtrusive color such as white, off-white or gray.
5. The installation of a Solar Energy System shall conform to the requirements of this Chapter, the Pennsylvania Uniform Construction Code (Act 45 of 1999, as amended), and applicable industry standards, including those of the American National Standards Institute.
6. Onsite electrical transmission and power lines that connect to the Solar Energy System shall, to the maximum extent possible, be placed underground.
7. A clearly visible warning sign concerning voltage shall be placed at the base of all pad mounted transformers and substations.
8. When a building is necessary for storage cells or related mechanical equipment, the building must not exceed one-hundred fifty (150) square feet in area, fifteen (15) feet in height and shall be considered an accessory structure and permitted in the rear yard only, and shall comply with the rear yard setback requirements and lot coverage requirements.
9. The landowner shall, at his/her expense, complete the decommissioning of the Solar Energy System within twelve (12) months of the end of the useful life of the Solar Energy System. It shall be presumed that the Solar Energy System is at the end of its useful life if no usable electrical energy, hot water or hot air are generated for a continuous period of twelve (12) months.
10. Decommissioning of the Solar Energy System shall include removal of the Solar Panels, building, cabling, electrical components, plumbing components, mechanical ductwork and/or components, roads, foundations to a depth of thirty-six (36) inches and any other associated facilities. Disturbed earth shall be graded and reseeded unless the landowner requests, in writing, that the access roads or other land surfaces not be restored.
(Ord. 13-07, 08/29/2013)
1728. Donation Collection Bins.
Donation Collection Bins, being a closed metal container having an opening through which new or used clothing can be deposited and stored until picked up, and having dimensions that shall not exceed a height of 72 inches, a width of 48 inches and a depth of 48 inches, shall be permitted as an accessory use to any church, synagogue or similar place of worship in any zoning district of Hampden Township, and as an accessory use in the C-L Commercial-Limited, C-G Commercial-General and C-P-L Commercial Park-Limited zoning districts, and in all cases, be subject to the following requirements:
1. The Donation Collection Bin must be located on an impervious area.
2. The Donation Collection Bin may not be placed on any area striped and used as a
parking space or on any area required to be a one- or two-way access drive or any area
that is a parking lot.
3. The Donation Collection Bin may not be placed in such a fashion that it may cause a
danger to motor vehicles and pedestrian traffic on a street, sidewalk or road by
interfering with view.
4. When a Donation Collection Bin is placed on a lot or parcel that adjoins a
property in residential use, the bin must be located within an enclosure sufficient to
screen it from view from any and all adjacent residential properties.
5. The Donation Collection Bin must be emptied as often as necessary to prevent the
accumulation of donations, trash, refuse, debris or other waste or material from
accumulating outside of the bin.
6. No Donation Collection Bin may be placed on any property in Hampden Township
without a zoning permit being issued in accordance with the requirements of
Section 2204 of this Ordinance. In all cases where the applicant for the zoning permit
is not the property owner, the applicant must provide written authorization from the
property owner(s) on which the Donation Collection Bin will be placed and provide
the name of the owner of the Donation Collection Bin, that owner’s address and
telephone number. Zoning permits for a Donation Collection Bin may be issued only
for churches, synagogue or similar places of worship, as well an entity or
organization that has a tax status under Section 501(c)(3) of the Internal Revenue
Code, with evidence of such status being provided at the time an application for
a zoning permit is submitted.
(Ord. 15-08, 05/28/2015)
1729. Number of Principal Uses Per Lot.
Unless otherwise specifically provided in other provisions of this Chapter, only one principal use shall be allowed on a lot of land. This requirement shall be applicable in the R-C, Residential-Country, R-S, Residential-Suburban and R-T, Residential-Towne zoning districts.
(Ord. 2017-08, 07/27/2017)