Township of West Whiteland

Active adult community

A residential development consisting of any number of single-family, two-family, and townhouse dwelling units, including accessory uses consistent with §325-45B(15), that is age-restricted as provided for by The Housing for Older Persons Act of 1995, as amended.

Vehicle Parking:
Determined on a case-by-case basis using the standards in § 325-39: Off-street parking. as a guide.

Development Requirements:

Active adult community along with active adult community accessory use(s), including clubhouse, swimming pool, bocce, indoor and outdoor recreational uses, trails, fitness center, guest parking, dog park, outdoor grilling, picnic areas, and other similar uses to the foregoing. Active adult communities are not permitted the IN Institutional District where it overlays the I-1 Limited Industrial and I-2 General Industrial Districts.

Agriculture

The cultivation of the soil and the raising and harvesting of the products of the soil including, but not limited to, nurserying, horticulture, forestry, and the commercial breeding and raising of customarily domesticated animals.

Automotive sales and repair

The use of any building, land area or other premises for the display and sale of new or used automobiles, panel trucks or vans, trailers or recreation vehicles and including any warranty repair work and other repair service conducted as an accessory use and establishments engaged in furnishing automotive repair services to the general public.

Banks and other financial institutions and services

Establishments providing services, as opposed to products, to the general public. The defining characteristic of this class of uses is that the customer need not (but may) be physically present for the service to be rendered (see "personal services"). Such uses include, but are not necessarily limited to, banks and financial service offices, realty offices, offices of insurance providers, employment agencies, copy centers, repair services (but excluding automotive repair facilities), and retail laundries and dry cleaners.

Clustering and lot averaging

A form of residential development wherein residential lots are allowed to be smaller than otherwise permitted in exchange for the permanent preservation of open space.

Vehicle Parking:
Determined on a case-by-case basis using the standards in § 325-39: Off-street parking. as a guide.

Development Requirements:
Additional information found in § 325-91: Lot averaging and cluster development provisions..

Commercial infectious or chemotherapeutic waste facility

A facility that processes by combustion or other means infectious or chemotherapeutic waste not generated primarily on site.

Vehicle Parking:
Determined on a case-by-case basis using the standards in § 325-39: Off-street parking. as a guide.

Development Requirements:
See § 325-20: Commercial infectious or chemotherapeutic waste facility for more information.

Commercial logging/lumbering

The cutting of 10 or more mature trees from wooded lands other than pursuant to a plan or program of woodland management designed and intended to produce a self-sustaining, healthy and diverse, multiple use woodland.

Vehicle Parking:
Determined on a case-by-case basis using the standards in § 325-39: Off-street parking. as a guide.

Development Requirements:
Must be located farther an 75 feet from a stream bed or roadway. See § 325-124: Conditional uses for more information

Continuing education facility

A for-profit or not-for-profit operation that provides advanced or specialized instruction, whether academic, artistic, or in the trades. Such facilities include, but are not necessarily limited to, off-campus classroom facilities associated with an accredited college or university; community colleges; for-profit technical schools and institutes of higher education; facilities providing instruction in specialized skills such as the trades, information technology, nursing and medical technology, visual arts, or culinary arts; and private licensed schools, as that term is defined by the Pennsylvania Department of Education. Facilities, that provide training or instruction in athletic skills, dance, martial arts, or similar physical activities are considered a type of fitness facility and are excluded from this term.

Cultural facility

Establishments such as museums, art galleries, botanical and zoological gardens of an historic, educational or cultural interest which are not operated commercially.

Vehicle Parking:
Determined on a case-by-case basis using the standards in § 325-39: Off-street parking. as a guide.

Development Requirements:
See § 325-124: Conditional uses. for more information.

Cultural studio

A building or portion of a building used as a place of work by an artist, photographer, artisan, musician, dancer, etc.

Vehicle Parking:
Determined on a case-by-case basis using the standards in § 325-39: Off-street parking. as a guide.

Development Requirements:
See § 325-124: Conditional uses. for more information.

Day-care center (adult or child)

Adult day-care - Any dwelling, building, or portion thereof, where supervisory services are provided to senior citizens and disabled adults on a daily basis. No living accommodations are contained in adult day care.

Day-care center - A facility which is licensed to provide care for seven or more children at any one time, where the child care areas are not being used as a family residence.

Vehicle Parking:
Determined on a case-by-case basis using the standards in § 325-39: Off-street parking. as a guide.

Development Requirements:
Adult or child day-care center, when authorized as a conditional use by the Board of Supervisors subject to § 325-124 of this chapter and further subject to the provisions of § 325-27: Child and adult day-care centers. of this chapter.

Dwelling units in combination with other uses

A building or entirely self-contained portion thereof containing complete housekeeping, kitchen, sleeping and lavatory facilities, for occupancy as a residence by only one family (including any domestic servants living or employed on the premises) with no enclosed space (other than vestibules, entrance or other hallways or porches) in common with any other dwelling unit. Dwelling units may be classified.

Vehicle Parking:
Determined on a case-by-case basis using the standards in § 325-39: Off-street parking. as a guide.

Development Requirements:
Regulations for residential uses and for structures that have a combination of residential and nonresidential uses. For the purposes of this section, facilities ancillary to and supportive of a residential community where the use of such facilities is limited to residents of that community and their guests shall be deemed a component of such residential use and shall not be interpreted as a nonresidential use. Such uses may include, but are not necessarily limited to, fitness centers, swimming pools and other facilities for active recreation (whether indoor or outdoor), community rooms and gathering areas, game rooms, media rooms, and business centers.
Where units within a structure or upon a tract are to be owned under a condominium arrangement, the following regulations shall be applied to the entire area over which the pertinent condominium association has interest (i.e., all of the condominium units in the aggregate as well as all common property directly owned by the association) and not to the individual condominium units. The dimensions of the individual condominium units shall be at the discretion of the developer and need not comply with this section. The provisions of this section are subject to modification in accordance with the terms of Exhibit 4, Bonus Menu, of this chapter. Where bonuses are employed, the Township shall determine whether they have been properly calculated and applied in the course of conditional use review; in the event conditional use review is not required, such determination shall be made during the land development review.

(a) Where a structure or tract includes dwelling units in combination with other uses, the regulations of § 325-15.1C above, shall apply.
(b) Where dwelling units are provided pursuant to the provisions of Article X: Institutional District then the regulations of said Article X: Institutional District shall be controlling in lieu of this Article VI: Office Districts.

Dwelling, single-family

A building having only one dwelling unit from ground to roof, independent outside access and open space on all sides.

Vehicle Parking:
Determined on a case-by-case basis using the standards in § 325-39: Off-street parking. as a guide.

Development Requirements:
(a) Residential accessory use and structure.
(b) Home occupation (§ 325-23B).

Eating and drinking establishment

Any form of restaurant open to the public and dispensing food and nonalcoholic drink and any inn, tavern, restaurant, club or lodge in which alcoholic beverages are consumed on the premises.

Districts Where Allowed Districts Allowed as a Conditional Use I-1 I-2 O/C O/L O/R R-1 R-2 R-3 R-4

Vehicle Parking:
Determined on a case-by-case basis using the standards in § 325-39: Off-street parking. as a guide.

Development Requirements:
See § 325-124: Conditional uses. for more information.

Electric vehicle charging stations

Is hereby defined as including electric vehicle supply equipment and the parking space provided for the vehicle being charged.

Vehicle Parking:
Determined on a case-by-case basis using the standards in § 325-39: Off-street parking. as a guide.

Development Requirements:
A. Electric vehicle charging stations are classified and permitted as follows. In all cases, the electric vehicle supply equipment may, but is not required, to be owned by the property owner.

(1) Private noncommercial charging stations.

(a) Private noncommercial charging stations are permitted by right as an accessory use to all uses in all zoning districts.
(b) Private noncommercial charging stations shall be for the exclusive use of the owner(s) and legal occupant(s) of the property and their guests.
(c) Private noncommercial charging stations do not require any point-of-sale payment for operation.

(2) Private commercial charging stations.

(a) Private commercial charing stations are permitted by right as an accessory use to multifamily dwellings and to any nonresidential use in any zoning district, except R-1 Residential and R-2 Residential.

(b) Private commercial charging stations are prohibited in the R-1 Residential and R-2 Residential zoning districts.

(c) The property owner has the right to control access to a private commercial charging station, specifically, including, but not necessarily limited to, restricting access to:

[1] Residents of the property and their guests, where the charging station is accessory to a residential use;
[2] Legal occupants, tenants, employees, customers, patrons, and/or visitors, where the charging station is accessory to a nonresidential use; and
[3] Specific days and times.

(d) A private commercial charging station may require point-of-sale payment for its operation.

(3) Public-use charging stations.

(a) Public-use charging stations are permitted by right as an accessory use in all zoning districts when included in an off-street parking lot with more than 20 parking spaces.

(b) Public-use charging stations are permitted as a principal use when in compliance with the regulations for vehicle fueling stations found in § 325-28.2 of this chapter. For purposes of applying the provisions of that section, a "fuel-dispensing unit" shall be interpreted to include electric vehicle supply equipment.

(c) There shall be no restrictions on access to a public-use charging station, except that the owner of the charging station may require that the vehicle occupying the parking space be an electric vehicle and may limit the time that a vehicle may occupy the said space.

(d)Public-use charging stations may require point-of-sale payment for operation.

B. Electric vehicle charging stations are prohibited within public road rights-of- way, except when the charging station is owned by the Township (or an entity designated by the Township) along Township roads.

C. When a charging station includes an off-street parking space, such parking space shall count toward the minimum parking requirement in § 325-39 of this chapter, regardless of whether the space is restricted to electric vehicles.

D. No electric vehicle charging station shall be placed in any location where the supply equipment or any vehicle being charged creates an obstruction or physical hazard to pedestrians or drivers of other vehicles.

E. No advertising is permitted as part of an electric vehicle charging station. Permitted signage is limited to:

(1) Signs identifying the charging station and indicating any restrictions to access, as provided for in Subsection (2)(c) and Subsection (3)(c) hereabove, as well as hours of operation, time limitations, and towing provisions as may be enforced by the property owner. Such signs are deemed "exempted signs" and shall comply with the provisions of § 325-95K of this chapter.

(2) Directions for use of the charging station, along with information about voltage and amperage levels, fees for use and payment instructions, safety information, emergency contact information, and other noncommercial messaging that is appropriate in the determination of the Zoning Officer.

(3) The logo or similar identification of the charging station owner, which shall not be larger than one square foot and which may be included as part of the identification sign described above in Subsection E(1) or on the electric vehicle supply equipment itself, but not both.

F. Lighting shall comply with § 281-48 of Chapter 281, "Subdivision and Land Development," of the Township Code of Ordinances.

G. No electric vehicle charging station may be installed on any property until the Township has issued the proper building, electrical, and zoning permits. The installation of an electric vehicle charging station shall meet the requirements of Article 62 of the National Electrical Code, "Electric Vehicle Charging and Supply Equipment Systems."

Fitness facility

An operation designed and intended to provide indoor and/or outdoor space and equipment for physical exercise and training, typically but not necessarily on a membership basis, and may include related instruction to individuals and/or groups. This term shall include, but is not limited to, facilities that provide instruction in dance and martial arts. Physical therapy, changing rooms, and eating establishments may be provided as accessory uses.

Governmental facility

Group homes

A facility, sometimes referred to as a "community living arrangement" or a "community residential program" licensed by the Commonwealth of Pennsylvania, which provides residential services to not more than four handicapped individuals, excluding staff who do not reside on the property, who live and cook together as a single housekeeping unit. This definition shall not include a facility housing persons released from or under the jurisdiction of a government bureau of corrections or similar institution. "Handicapped" means, with respect to a person, a physical or mental impairment which substantially limits one or more of such person's major life activities, a record of having such an impairment or being regarded as having such an impairment; but such term does not include current, illegal use of or addiction to a controlled substance as defined in Section 102 of the Controlled Substances Act, 21 U.S.C. § 802.

Vehicle Parking:
Determined on a case-by-case basis using the standards in § 325-39: Off-street parking. as a guide.

Development Requirements:
See additional requirements in § 325-124: Conditional uses.

Guesthouse

A single-family dwelling containing guest rooms available for short-term overnight rental.

Vehicle Parking:
For each room, a minimum of one off-street parking space, in addition to those required for dwelling units, shall be provided.

Development Requirements:
Guest house. As specified in Subsection A, Class I, II, or III historic resources may be used as guest houses. Utilization of this additional use opportunity shall be contingent upon compliance with the general design standards contained in § 325-86B and these additional requirements:

(1) No guest, individual or family may stay longer than 90 consecutive nights at any one time.
(2) There shall be no separate kitchen or cooking facilities in any guest room. Meals shall be served to guests only.
(3) Any other amenities shall be for the benefit of guests only; no walk-in trade shall be permitted.

High-density single-family option

Vehicle Parking:
Determined on a case-by-case basis using the standards in § 325-39: Off-street parking. as a guide.

Development Requirements:
Regulations for residential uses and for structures that have a combination of residential and nonresidential uses. For the purposes of this use and others, facilities ancillary to and supportive of a residential community where the use of such facilities is limited to residents of that community and their guests shall be deemed a component of such residential use and shall not be interpreted as a nonresidential use. Such uses may include, but are not necessarily limited to, fitness centers, swimming pools and other facilities for active recreation (whether indoor or outdoor), community rooms and gathering areas, game rooms, media rooms, and business centers.
Tracts with a gross tract area of 40 acres or more shall be eligible for development under the high-density single-family option. This option allows eligible tracts to be developed with a combination of single-family detached dwellings, two-family dwellings, and townhouse dwellings in accordance with the following regulations.

(a) Minimum gross tract area: 40 acres.
(b) Maximum building coverage: 25% of net tract area.
(c) Maximum impervious coverage: 65% of net tract area.
(d) At least 50% of the proposed dwelling units shall be single-family detached dwellings, which shall comply with the following regulations:

[1] Minimum lot size: 7,000 square feet.
[2] Minimum lot width at the building line: 70 feet.
[3] Minimum front yard: 20 feet.
[4] Minimum side yard: five feet; however, no portion of any single family detached dwelling shall be closer than 15 feet to any portion of any other single-family detached dwelling.
[5] Minimum rear yard: 25 feet. Covered decks that are not permanently enclosed and patios shall be permitted to project a maximum of 10 feet into the rear yard.
[6] Maximum structure height: 35 feet.

(e) Not more than 50% of the proposed dwelling units shall be two-family or townhouse dwellings, which shall comply with the following regulations:

[1] Two-family and townhouse dwelling units may be placed on individual lots with front and rear yards, on individual building footprint lots, or developed as condominium units under the Pennsylvania Uniform Condominium Act, provided that twin and townhouse dwelling development is consistent with the area and bulk regulations below.
[2] Minimum building setback:

[a] From Lincoln Highway: 150 feet.
[b] Whitford Road: 75 feet.
[c] From all other public streets: 25 feet.
[d] From private streets: 10 feet.
[e] From tract perimeter where the perimeter is not defined by a street or otherwise provided for above: 40 feet.

[3] Minimum building separation: 30 feet.
[4] Maximum structure height: 40 feet, but not more than three stories above grade.

(f) Minimum permanent open space: 30% of gross tract area.

[1] Lands within road rights-of-way or within any residential lot for private ownership shall not be counted toward this requirement. Environmentally constrained lands and lands within other types of right of-way may count toward this requirement; however, this section shall not be interpreted to supersede § 281-47: Community facilities of the Subdivision and Land Development Ordinance, so if the permanent open space fails to satisfy the minimum requirements of that section, the developer may still be subject to payment of a fee in lieu of open space for the unmet portion.
[2] The distance from a residential lot to a permanent open space area shall not exceed 300 feet.

(g) As a minimum, sidewalks shall be provided on one side of all streets, except that sidewalks shall not be required along Lincoln Highway if an alternative means of pedestrian access satisfactory to the Township is provided through the development to connect to existing streets on the perimeter of the tract.

Home occupation

A use carried out for gain that is subsidiary to the residential function of a dwelling unit, conducted or administered within a dwelling and/or the lot upon which the dwelling is located and undertaken by one or more residents of that same dwelling.

Vehicle Parking:
Determined on a case-by-case basis using the standards in § 325-39: Off-street parking. as a guide.

Development Requirements:
In conjunction with the residential use of a property, a home occupation may be located in any Class I, II, or III historic resource on a particular property, but there shall be no more than one home occupation per structure. In addition to the standards for home occupations contained in § 325-23B and the general design standards contained in § 325-86B, home occupations placed in Class I, II, or III historic resources must comply with these additional requirements:

(1) Any rehabilitation, alteration or enlargement of a Class I, II, or III historic resource other than the principal dwelling to accommodate the home occupation must be in substantial compliance with the standards contained in § 325-90A below.

Hotels and motels

Vehicle Parking:
Determined on a case-by-case basis using the standards in § 325-39: Off-street parking. as a guide.

Development Requirements:

Permitted accessory uses include but are not necessarily limited to eating and drinking establishments, fitness facilities, personal services, retail stores, retail services, and meeting rooms and areas suitable for hosting conferences, conventions, receptions, and similar events. Access to accessory uses may be restricted to guests of the hotel or motel at the discretion of the owner.
See § 325-124: Conditional uses. for more information.

Inn

A commercial facility for the housing and feeding of guests.

Vehicle Parking:
Determined on a case-by-case basis using the standards in § 325-39: Off-street parking. as a guide.

Development Requirements:
See § 325-124: Conditional uses. for more information.

Junkyard

An area of land, with or without buildings, used for outside storage of used and discarded materials including, but not limited to, waste paper, rags, metal, building materials, house furnishings, machinery, vehicles or parts thereof, with or without the dismantling, processing, salvage, sale or other use or disposition of the same. The deposit or storage on a lot of two or more unlicensed, wrecked or disabled vehicles, or the major part thereof, shall constitute a junkyard.

Kennel (boarding kennel)

An establishment in which more than six dogs or other domesticated animals, more than one year old, are housed, groomed, bred, boarded, trained or sold.

Life-care facility

An age-restricted development, also referred to as a "continuing care retirement community," that provides a continuum of accommodations and care from independent living to long-term bed care and enters into contracts to provide lifelong care in exchange for the payment of periodic fees and an entrance fee in excess of one year of monthly fees.

Vehicle Parking:
Determined on a case-by-case basis using the standards in § 325-39: Off-street parking. as a guide.

Development Requirements:
Life-care facility or personal care facility when authorized as a conditional use by the Board of Supervisors subject to § 325-124: Conditional uses. of this chapter, and the following conditions:

[1] The property upon which the facility is located must be contiguous and adjacent to a major arterial street and primary access must be located within the frontage of the property along and upon a major arterial street.
[2] The Township shall not issue any use and occupancy permit for such a facility until the applicant for such permit has documented, to the satisfaction of the Township, receipt of all pertinent approvals and licenses from the appropriate state agencies.
[3] Life-care facilities are further subject to the requirements of § 325-45D of this chapter.

Lumberyard

Storing of lumber.

Vehicle Parking:
Determined on a case-by-case basis using the standards in § 325-39: Off-street parking. as a guide.

Development Requirements:
See § 325-124: Conditional uses for additional information.

Manufactured home park

(a) Residential accessory use and structure.
(b) Accessory uses associated with manufactured home park office or service buildings.

Manufacturing

A function involved in the manufacture of materials, goods or products in which they are not physically changed except for packaging or sizing.

Medical services

A type of personal service dedicated to health care and healing, including related support facilities. Such uses include, but are not necessarily limited to, offices of medical professionals (e.g., medical doctors and specialists, dentists, orthodontists, psychologists, psychiatrists, ophthalmologists, optometrists, chiropractors), clinics, facilities for physical therapy and rehabilitation, medical testing centers, and medical laboratories. "Fitness facility," "hospital," and "veterinarian" are specifically excluded from this term and are defined elsewhere in this chapter; residential facilities for the treatment of drug and/or alcohol addiction are also excluded from this definition.

Multifamily development

A building containing three or more dwelling units including, but not limited to fourplex (quadraplex), townhouse (single-family, attached), apartment buildings, and other similar building types.

Vehicle Parking:
Determined on a case-by-case basis using the standards in § 325-39: Off-street parking. as a guide.

Development Requirements:
See additional information in § 325-11C(10)(d).

Neighborhood restaurants

An establishment where food and drink is prepared, served and consumed primarily within the principal building. A neighborhood restaurant shall be permitted to have a maximum of 29 seats at tables. No outdoor seating and no drive-through service where food is sold directly to customers in cars shall be permitted in neighborhood restaurant.

Office buildings

A building used primarily for conducting the affairs of a business, profession, service, industry or government or similar activity.

Vehicle Parking:
Determined on a case-by-case basis using the standards in § 325-39: Off-street parking. as a guide.

Development Requirements:
See § 325-124: Conditional uses. for more information.

Personal services

Establishments providing services, as opposed to products, to the general public where the customer must be physically present for the service to be rendered (see "retail services"). Such uses include, but are not necessarily limited to, medical services, counseling centers, hair and nail salons, and day spas. Facilities for elective tattooing and body piercing are specifically excluded from this term, as they are defined elsewhere in this chapter as sexually oriented businesses; residential facilities for the treatment of drug and/or alcohol addiction are also excluded from this definition.

Public place of amusement

A structure or space, typically but not necessarily indoors, providing entertainment or amusement to the public as a commercial operation.

Vehicle Parking:
Determined on a case-by-case basis using the standards in § 325-39: Off-street parking. as a guide.

Development Requirements:
Public place of amusement and motion-picture theater when authorized as a conditional use by the Board of Supervisors subject to § 325-124: Conditional uses. of this chapter, excepting that when such use is a sexually oriented business it shall be prohibited in the Town Center district.

Public utility installations

A public utility as that term is defined in the Pennsylvania Public Utility Code, 66 Pa.C.S.A. § 101 et seq.

Vehicle Parking:
Determined on a case-by-case basis using the standards in § 325-39: Off-street parking. as a guide.

Development Requirements:
No lot, parcel or tract of land shall be used and no building or structure shall be erected, altered or remodeled for any use involving the creation of a product or process that causes or creates a dangerous, unhealthy, obnoxious noise, emission, discharge or similar externality that would violate the provisions of § 325-18D.

Publicly owned recreational facilities

Recreational facilities for public use that are owned by West Whiteland Township and/or Chester County. Such facilities may include managed open space areas, conservation areas, wildlife sanctuaries, recreational trails (except that trails intended for use by motorized recreational vehicles shall not be permitted), arboreta, play fields, playgrounds, outdoor game courts (tennis, basketball, and volleyball), nonmotorized boating, fishing, and buildings and structures appurtenant to such uses, including parking areas, administrative offices, park maintenance facilities, interpretive areas, rest rooms, locker rooms, shower facilities, and other uses clearly supportive of the recreational function.

Quarry

Vehicle Parking:
Determined on a case-by-case basis using the standards in § 325-39: Off-street parking. as a guide.

Development Requirements:
See § 325-124: Conditional uses for additional information.

Recreation

An outdoor activity that requires a specialized field, court, or other physical alteration to the area in which it is performed, including, but not limited to, playgrounds, ball courts, golf courses, and swimming pools. This use shall be interpreted to include buildings and structures ancillary to such activities.

Research and development facility

An establishment or other facility for carrying on investigation in the natural, physical or social sciences or engineering and development as an extension of investigation with the objective of creating end products.

Residential conversions

Districts Where Allowed Districts Allowed as a Conditional Use I-1 I-2 NC O/C O/L O/R R-1 R-2 R-4 TC

Vehicle Parking:
Determined on a case-by-case basis using the standards in § 325-39: Off-street parking. as a guide.

Development Requirements:
The Board of Supervisors, in authorizing a conditional use for the conversion of any Class I, II, or III historic resource into residential use in accordance with the standards contained in § 325-25: Conversion of dwellings., may modify the otherwise applicable lot area standard stipulated in § 325-25D. Any such action by the Board of Supervisors shall adhere to the criteria contained in § 325-87: Integrity of historic setting. below, the general design standards contained in Subsection B and comply with § 325-90A.

Retail services

Establishments providing services, as opposed to products, to the general public. The defining characteristic of this class of uses is that the customer need not (but may) be physically present for the service to be rendered (see "personal services"). Such uses include, but are not necessarily limited to, banks and financial service offices, realty offices, offices of insurance providers, employment agencies, copy centers, repair services (but excluding automotive repair facilities), and retail laundries and dry cleaners.

Retail stores and retail service establishments

Establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods, such as but not limited to hardware store, pharmacy, magazine/book store, florist or clothing store. This term shall exclude vehicle fueling stations.

Vehicle Parking:
Determined on a case-by-case basis using the standards in § 325-39: Off-street parking. as a guide.

Development Requirements:

A lot may be used for this purpose. Conditional use review shall be required only when a project exceeds one or more of the thresholds specified in § 325-124A of this chapter.
Retail stores and service establishments, including convenience markets, personal service shops, and shopping centers; provided that the gross floor area of any building for such use(s) in this district shall not exceed 12,000 square feet. Except where the property is adjacent to Pottstown Pike, the maximum floor area of any individual store or establishment, when part of a shopping center, shall not exceed 8,000 square feet, and the average floor area of all stores in a shopping center or the total square footage of any individual store in this district, not in a shopping center, shall not exceed 5,000 square feet.
Provided that no part of any structure related to such use shall be farther than 750 feet from the intersection of the center lines of Lincoln Highway and Ship Road. Vehicle fueling stations are permitted only as a component of a convenience store.
There shall be no sexually oriented businesses in this district.

Sexually oriented business

An adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motion-picture theater, adult theater, escort agency, nude model studio, sexual encounter center or tattoo parlor.

Vehicle Parking:
Determined on a case-by-case basis using the standards in § 325-39: Off-street parking. as a guide.

Development Requirements:
See § 325-19B(11)(g) for additional information.

Solar energy systems

Any device or combination of devices mounted on a structure or on the ground, the primary purpose of which is to collect, store, and/or distribute solar energy for space heating or cooling, for water heating, or for electricity generation or storage. This term shall include but is not limited to photovoltaic systems, solar heating and cooling systems, solar hot-water systems, and concentrated solar power systems.

Vehicle Parking:
Determined on a case-by-case basis using the standards in § 325-39: Off-street parking. as a guide.

Development Requirements:
A. Purpose. See § 325-44A for details.
B. Township review and approval.

(1) Solar energy systems are permitted as an accessory use by right in all zoning districts. A system shall be deemed an accessory use unless deemed a principal use, pursuant to Subsection B(2), below. While the intent of a system as an accessory use is to provide for the energy needs of the property upon which it is located, the incidental sale of excess power shall not in itself be sufficient cause to deem a system to be a principal use.

(2) A solar energy system shall be permitted as the principal use of a property when allowed by the Zoning District wherein the site is located. A solar energy system shall be deemed the principal use of a property when the system is intended to produce power solely or principally for sale, or when there is no other use of the property.

(3) The installation of a solar energy system shall be deemed a land development under any one of the following conditions and shall therefore be subject to the review and approval process established by the Township Subdivision and Land Development Ordinance. Land development review and approval shall be in addition to any requirement for conditional use approval:

(a) Where the installation of the solar energy system requires grading of the property, pursuant to the definition of "land development" in § 325-8, above, regardless of whether it is the principal use of the property;

(b) Where the installation of the solar energy system will result in additional impervious cover of 2,000 square feet or more, pursuant to the definition of "land development" in § 325-8, above, and pursuant to the standard enumerated in Subsection E(1), below, regardless of whether it is the principal use of the property.

C. General regulations.

(1) The design, construction, and installation of solar energy systems shall comply with all applicable requirements of the West Whiteland Township Building Code (including the electrical and plumbing codes) in addition to the requirements of this section and applicable industry standards. In the event of a conflict among the provisions of this section, industry standards, and the Building Code, the Building Code shall control.

(2) Solar energy systems shall comply with the Pennsylvania Uniform Construction Code, Act 45 of 1999, as amended, and all other applicable statutes or acts promulgated by the Commonwealth of Pennsylvania.

(3) A building permit shall be required for the installation of all solar energy systems. Where the installation of a solar energy system has been deemed to require review and approval as a conditional use and/or a land development, such approval(s) shall be received prior to the issuance of a building permit.

(4) In addition to other Township requirements, the individual or company responsible for installing the solar energy system shall be approved as an installer of such systems by the Pennsylvania Department of Environmental Protection.

(5) Solar energy systems shall be sited to assure solar access without reliance upon adjacent properties.

(6) No component of a solar energy system shall be mounted upon another structure such that it extends beyond the footprint of that structure.

(7) Solar energy systems shall comply with the performance standards in § 325-41 above and shall be sited such that they will not cause any glare beyond the property line of the lot whereupon they are located. In the event that any element of a solar energy system shall be found to cause such impermissible glare, the Township shall have the authority to compel the property owner (and/or the owner of the system if he/she/it are not the property owner) to eliminate such glare by a means acceptable to the Township, up to and including the removal of the glare-causing elements.

(8) When a solar energy system is proposed for a property subject to additional regulation by an agency other than the Township, including but not limited to a homeowners' association or a business park manager, it shall be the responsibility of the applicant to determine whether the proposed system complies with the regulations of the said agency and to secure whatever approvals or permits may be required from said agency. The issuance of a building permit by the Township for the construction of a solar energy system shall not compel any such agency to approve the system, nor shall such issuance prevent such agency from enforcing their own regulations or imposing penalties pursuant to their own regulations.

(9) No solar energy system shall be used to display advertising, signage, streamers, pennants, spinners, reflectors, ribbons, tinsel, balloons, flags, banners, or similar materials.

(10) Solar energy systems shall be promptly removed and properly disposed of when damaged or no longer in use.

D. Roof-mounted, solar energy systems.

(1) For the purposes of determining compliance with building height limits, a roof-mounted system shall be deemed a type of "mechanical equipment," as that term is used in the definition of "building height" in § 325-8 above.

(2) When mounted upon a roof with a slope of 30% or more, no part of a roof-mounted system shall extend more than one foot above the highest point of the roof upon which it is mounted.

(3) When mounted upon a roof with a slope of less than 30%, a roof-mounted system shall be surrounded by a visual screen having a minimum height equal to the tallest point of the system.

E. Ground-mounted solar energy systems.

(1) For the purposes of determining compliance with area and bulk regulations, a ground-mounted system shall be deemed a type of "building." If the system is the principal use of the property, it shall be subject to the limitations on height and building coverage as well as the setback requirements established for buildings by the applicable district regulations. Where the system is an accessory use, the provisions for accessory buildings provided in § 325-31 of this chapter shall control. The impervious cover calculation shall include only the areas that are paved or otherwise sealed against infiltration; where the system consists of panels elevated above the ground such that stormwater may infiltrate below such panels, the panels shall not be deemed to create impervious cover, although they shall be included in the calculation of building coverage.

(2) When the installation of a ground-mounted system will result in an increase in building coverage [as described in Subsection E(1) above] of 2,000 square feet or more, the applicant for such installation shall provide a stormwater impact analysis describing the impact of the project upon stormwater and providing for appropriate stormwater management facilities as part of the installation. No building permit shall be issued until the analysis and recommendations are found satisfactory to the Township, as advised by the Township Engineer.

(3) When installed as an accessory to a residential use, a ground-mounted system shall not be placed between the residence and any street abutting the property.

(4) All electrical and plumbing lines serving a ground-mounted solar energy system shall be in compliance with the applicable Township codes and shall be within a conduit and buried below ground.

(5) If a ground-mounted solar energy system has been abandoned (hereby defined as not having been in operation for a continuous period of six consecutive months), is defective, or is deemed unsafe by the Township's Code Enforcement Officer, the Township may direct the owner to repair the system to meet all applicable safety and code standards or to remove the system within a period of time to be established by the Code Enforcement Officer. If the owner fails to comply with the order of the Code Enforcement Officer, the Township may pursue a legal action to have the system removed at the owner's expense.

Tower-based wireless communication facilities

Any structure that is used for the purpose of supporting one or more antennas, including, but not limited to, self-supporting lattice towers, guy towers and monopoles, utility poles and light poles. DAS hub facilities are considered to be tower-based WCFs. Amateur radio antenna support structures are not considered to be tower-based WCFs.

Townhouses

A building containing three or more dwelling units including, but not limited to fourplex (quadraplex), townhouse (single-family, attached), apartment buildings, and other similar building types.

Two-family dwellings

A building containing two dwelling units; a twin (single-family semidetached) or duplex (two-family detached).

(1) Twin - A building containing two dwelling units, separated by a-party wall, each having independent outside access and open space on three sides.
(2) Duplex - A building containing two dwelling units from ground to roof, each of which has independent outside access and open space on all sides.

Vehicle Parking:
Determined on a case-by-case basis using the standards in § 325-39: Off-street parking. as a guide.

Development Requirements:
See additional information in § 325-124: Conditional uses.

Vehicle fueling station

An establishment that accommodates or is designed to accommodate the retail sale of gasoline, diesel fuel, ethanol, or any other liquid fuel for vehicles by dispensing it directly into vehicles or approved containers.

Vehicle Parking:
Determined on a case-by-case basis using the standards in § 325-39: Off-street parking. as a guide.

Development Requirements:
Vehicle fueling stations, when authorized as a conditional use by the Board of Supervisors, subject to § 325-124: Conditional uses. of this chapter and further subject to the provisions of § 325-28.2: Vehicle fueling stations. of this chapter.

Veterinary office and clinic

A business operated by individuals qualified and authorized to prevent and treat diseases and injuries of animals.

Vocational training facility

A facility (other than an educational use, education institutional or school expressly permitted under this chapter), having one or more permanent buildings, directed primarily to the physical training or development of physical or manipulative skills entirely within the boundaries of the lot, not involving training in the driving or operation of tractor trailers, heavy trucks, heavy construction equipment, hoisting, drilling machinery or any type of blasting operation, excluding the use of a back hoe. Said facility may include dining, sleeping or recreational facilities for attendees and staff.

Vehicle Parking:
Determined on a case-by-case basis using the standards in § 325-39: Off-street parking. as a guide.

Development Requirements:
See § 325-124: Conditional uses for more information.

Warehouse

A building used primarily for the storage of goods and materials.

Data for Informational Use Only Got it!

MapLink™ | Land Uses

Data for Informational Use Only Got it!

Township of West Whiteland, PA

MapLink™ | Land Uses