A.
This Article establishes additional specific requirements
for certain specific uses, in addition to the sign, parking, environmental
and other general requirements of this chapter and the requirements
of each district. Wherever two or more requirements apply to the same
use or structure, then the more restrictive requirement shall apply.
B.
For uses allowed within a specific zoning district as special exception or conditional uses, see the procedures and general standards in §§ 445-18 and 445-19. Sections 445-34 and 445-35 list a set of additional standards to be used in determining whether a proposed special exception or conditional use should be approved.
Each of the following uses shall meet all of
the following requirements for that use:
A.
Abused person shelter.
(2)
Where permitted, such use shall have a maximum total
of 12 residents in a residential district and 20 residents in any
other district. Such maximum number of residents shall include any
staff or volunteers that routinely stay overnight.
(3)
The use shall include a minimum of one off-street
parking space for each household intended to be housed on-site, unless
the applicant proves to the satisfaction of the Zoning Hearing Board
that less parking is needed because excess parking spaces are available
on-street during all hours of the day.
(4)
The use shall have secure locks and alarm systems
to protect the occupants from physical violence.
(5)
The use shall include a minimum of 250 square feet
of usable outdoor open space for play by children or be within 250
feet of a public park.
D.
Auditorium, commercial or nightclub.
(1)
A forty-foot buffer yard shall completely separate
the structure and all off-street parking areas from any residential
lot line.
(2)
Any such use that allows the consumption of alcohol
and that has a capacity of 150 or more persons shall be set back a
minimum of 150 feet from any residential lot line.
E.
Auto repair garage.
(1)
All major repair, welding and paint work shall be
performed within a building, with a fume collection and ventilation
system that directs noxious fumes away from any adjacent dwellings.
(2)
All reasonable efforts shall be made to prevent or
minimize noise, odor, vibration, glare or electrical interference
nuisances to adjacent lots.
(4)
Overnight outdoor storage of junk, other than permitted
vehicles, shall be prohibited within view of a public street or an
adjacent dwelling.
(5)
An individual junk vehicle (as defined by Article II) shall not be stored within view of a public street or a dwelling for a total of more than 20 days. A maximum of six junk vehicles may be parked on a lot outside of an enclosed building at any one time, unless screened from view by evergreen plants.
(6)
Whenever practical in the determination of the Zoning
Officer, service bay doors shall not face directly towards an abutting
dwelling (other than a dwelling separated from the repair garage by
a street).
(7)
A use that is primarily intended to serve trucks with
three or more axles or tractor-trailer trucks shall have a minimum
lot area of one acre, and all areas used for repairs, fueling and
serving of such vehicles shall be set back a minimum of 100 feet from
a residential lot line.
G.
Auto service station.
(2)
All activities, except those customarily performed
at fuel or air pumps, shall be performed within a building. Spray
painting or body or fender work is prohibited as part of an auto service
station, unless such work is approved as part of an auto repair garage
use.
(3)
Fuel pumps shall be at least 25 feet from the existing
street right-of-way.
(4)
Overnight outdoor storage of junk and vehicle parts,
other than permitted whole junk vehicles, shall be prohibited within
view of a public street or dwelling.
(5)
An individual junk vehicle (as defined by Article II) shall not be stored within view of a public street or a dwelling for more than a total of 20 days. No more than three junk vehicles shall be stored on the lot outside of an enclosed building at any point in time.
(6)
There shall be an ability for a minimum of three vehicles
to be serviced at each cluster of gasoline pumps or to be lined up
behind cars being serviced, without obstruction of access into or
out of the driveways from public streets.
(7)
A use that is primarily intended to serve trucks with
three or more axles or tractor-trailer trucks shall have a minimum
lot area of one acre, and all areas used for fueling and servicing
shall be set back a minimum of 100 feet from all residential lot lines.
H.
Bed-and-breakfast use.
(1)
In a residential district, a maximum of six rental
units shall be provided and a total maximum of 12 guests may occupy
the facility at one point in time. A maximum of four persons may occupy
one rental unit.
(2)
In a residential district, a maximum of four off-street parking spaces may be located within the required front yard. See buffer yard requirements in § 445-74.
(3)
At least one bathroom for guest use shall be provided
for every three rental units.
(4)
No signs, show windows or any type of display or advertising
shall be visible from outside the premises, except for a single wall
or freestanding sign, which shall not be internally illuminated, with
a maximum sign area of four square feet on each of two sides, if freestanding,
and with a maximum height of six feet.
(5)
In a residential district, the exterior of the building
shall not be changed in any way that would decrease its residential
appearance and character, except for needed modifications for historic
restoration, handicapped access or firesafety.
(6)
The use shall be primarily operated by residents of
the lot.
(7)
There shall not be separate cooking facilities in
any guestroom. Food shall only be served to guests who are staying
overnight, unless a restaurant is also permitted by the district regulations.
(8)
Guests shall not routinely stay for more than 14 days
in any month.
(9)
The use of any amenities provided by the bed-and-breakfast,
such as a swimming pool or tennis court, shall be restricted in use
to the guests and permanent residents of the establishment and their
occasional invited guests, unless commercial recreation is also permitted
by the district regulations.
(10)
In a residential district, it shall be restricted
to buildings that existed prior to January 1, 1950.
J.
Boardinghouse (or rooming house).
(1)
Minimum lot area: 10,000 square feet.
(2)
Minimum setbacks: 15 feet on each side yard and 40
feet in the rear yard.
(3)
Minimum lot width: 80 feet.
(4)
Each sleeping room shall be limited to two adults
each, with a maximum of three persons of any age per sleeping room.
(5)
A ten-foot-wide buffer yard with screening complying with § 445-74D shall be provided between any boardinghouse and any abutting single-family detached dwelling that is within 100 feet of the boardinghouse building.
(6)
Interior space: Each rental unit shall include a minimum
of 120 square feet of habitable interior floor space if occupied by
one person and a minimum of 190 square feet of such space if occupied
by two or three persons.
(7)
Maximum number of residents: 40 in an INS-G District
and 80 in any other permitted district.
(8)
See also standards for personal care homes, dormitories,
abused person shelters and treatment centers, which are separate uses.
(9)
Signs shall be limited to one wall sign with a maximum
of two square feet per side and a maximum height of six feet.
(10)
Rooms shall be rented for a minimum period of
five consecutive days, except for an approved homeless shelter.
(11)
A minimum of one full bathroom shall be provided
for every four rental units.
|
J.1.
|
Bottle clubs (see definition in Article II) are permitted uses in a C-D District and a special exception use in a C-G District but shall not be permitted in any other district.
[Added 12-29-2003 by Ord. No. 145-2003] | ||||
|
(1)
|
In any district that a bottle club is a permitted
use or a special exception use, it shall not be located within 500
feet of the following:
| ||||
|
(a)
|
Places of worship, primary or secondary schools;
| ||||
|
(b)
|
Commercial enterprises catering primarily to
persons under 18 years of age;
| ||||
|
(c)
|
A public library;
| ||||
|
(d)
|
A child-care facility or nursery school; and/or
| ||||
|
(e)
|
A public park, including but not limited to
a national historic site or national historic park.
| ||||
|
(2)
|
No bottle club shall operate between the hours
of 2:00 a.m. to 8:00 a.m.
| ||||
|
(3)
|
Limit of use. It shall be a violation of this
subsection for any person to cause or permit the operation, establishment
or maintenance of more than one bottle club in the same building,
structure or portion thereof.
| ||||
K.
Car wash.
(1)
Traffic flow and ingress/egress shall not cause traffic
hazards on adjacent streets.
(2)
On-lot traffic circulation channels and parking areas
shall be clearly marked.
(3)
Adequate provisions shall be made for the proper and
convenient disposal of refuse.
(4)
Water used in the operation shall not flow into streets,
sidewalks, separated storm sewers or waterways.
(5)
Any car wash that is located within 200 feet of an
existing primarily residential, nursing home or hospital building
shall not operate between the hours of 9:00 p.m. and 7:00 a.m.
(6)
Any chemicals that may be hazardous to aquatic life
shall be stored within an area that will completely contain any leaks
or spills.
L.
Cemetery.
(1)
Minimum lot area for any cemetery approved after the
adoption of this chapter: two acres; maximum lot area for any cemetery
approved after the adoption of this chapter: 10 acres.
(2)
A crematorium, where permitted, shall be set back
a minimum of 250 feet from all residential lot lines. Such use shall
require special exception approval.
(3)
All structures and graves shall be set back a minimum
of 15 feet from the lot line of a residential lot line or the existing
right-of-way of any public street and eight feet from the cartway
of an internal private driveway.
(4)
No grave sites shall be located within the one-hundred-year
floodplain.
(5)
The applicant shall provide evidence that proves to
the satisfaction of the Zoning Officer, based upon a review by the
Planning Commission and the City Solicitor, that there will be an
appropriate financial system to ensure perpetual maintenance of the
land.
M.
Communications antennae, commercial.
(1)
Any such antenna that is attached to an existing business
building or a nonresidential building of more than five stories shall
not be regulated by this section, and instead is permitted by right
without additional regulations under this chapter. See requirements
of the City building code.[1]
(2)
A freestanding antenna shall be set back a minimum
distance equal to half its height from all lot lines and existing
street right-of-way lines.
(3)
The base of a freestanding antenna shall be surrounded
by a secure fence with a minimum height of eight feet.
N.
Conversion of a building to an additional number of dwelling units (including but not limited to development of one accessory apartment within a single-family detached dwelling, but not including a unit for care of a relative as provided in § 445-35).
(1)
All parking spaces provided on the lot shall be paved in asphalt, concrete or decorative paving block. See requirements for number of parking spaces in § 445-53.
(2)
Each dwelling unit shall have a minimum floor area
of 600 square feet of habitable floor area, with all areas used to
meet such required floor area complying with the following conditions:
(a)
All such floor area shall have a floor-to-ceiling
height clearance of at least six feet eight inches that is not unobstructed
by pipes, ducts, joists or other intrusions.
(b)
All such floor area shall be heated and completely
enclosed.
(c)
A minimum of 50% of the floor surface of such
required floor area shall be located above the average surrounding
ground level.
(5)
A total maximum over the lifetime of the property
of no more than two dwelling units may be added to any existing single-family
detached dwelling, single-family semidetached dwelling, two-family
detached dwelling or townhouse beyond the number of dwelling units
that existed in such building at the time of adoption of this chapter.
(6)
The following regulations shall apply to the conversion
of an existing single-family detached dwelling into a greater number
of dwelling units:
(a)
The building shall maintain the appearance of
a single-family detached dwelling with a single front entrance. Additional
entrances may be placed on the side or rear of the structure. The
dwelling units may internally share the single front entrance.
(b)
The conversion shall not be permitted if it
would require the placement of an exterior stairway on the front of
the building or would require the placement of more than three off-street
parking spaces in the required front yard abutting an arterial street.
(7)
Separate cooking and sanitary facilities shall be
provided for each dwelling unit.
(8)
Off-street parking lots with four or more spaces shall be buffered from abutting dwellings by evergreen screening meeting the requirements of § 445-74.
(10)
A site plan shall be submitted to the Zoning
Officer.
O.
Correctional facility, county-owned. The applicant
shall prove to the satisfaction of the Zoning Hearing Board that the
proposed use will include sufficient security measures to protect
the general public and adjacent residents.
|
O.1
|
Dance halls (see definition in Article II) are permitted uses in a C-D District and a special exception use in a C-G District but shall not be permitted in any other district.
[Added 12-29-2003 by Ord. No. 145-2003] | ||||
|
(1)
|
In any district that a dance hall is a permitted
use or a special exception use, it shall not be located within 500
feet of the following:
| ||||
|
(a)
|
Places of worship, primary or secondary schools;
| ||||
|
(b)
|
Commercial enterprises catering primarily to
persons under 18 years of age;
| ||||
|
(c)
|
A public library;
| ||||
|
(d)
|
A child-care facility or nursery school; and/or
| ||||
|
(e)
|
A public park, including but not limited to
a national historic site or national historic park.
| ||||
|
(2)
|
No dance hall shall operate between the hours
of 2:00 a.m. to 8:00 a.m.
| ||||
|
(3)
|
Limit of use. It shall be a violation of this
subsection for any person to cause or permit the operation, establishment
or maintenance of more than one dance hall in the same building, structure
or portion thereof.
| ||||
P.
Day-care center, child. As a principal use:
(2)
The use shall comply with any applicable county, state
and federal regulations, including having an appropriate Pennsylvania
Department of Public Welfare registration certificate or license.
(3)
Convenient parking spaces within the requirements of Article VI shall be provided for persons delivering and waiting for children.
(4)
In residential districts, where permitted as a principal
use, it shall have a minimum lot area of 6,000 square feet and a minimum
setback of five feet from an abutting residential lot line.
(5)
Any area routinely used for outdoor play by children
under the age of 12 shall be surrounded by a secure fence with a minimum
height of four feet.
(6)
Outside play areas in residential districts shall
be limited to use between 7:30 a.m. and 9:00 p.m. if located within
100 feet of an abutting dwelling.
(7)
Outdoor play areas of a day-care center involving
the care of 20 or more children at any one time shall be set back
a minimum of 10 feet from windows or doors of an abutting existing
occupied dwelling.
(8)
In residential districts, any permitted day-care center
shall maintain an exterior appearance that resembles and is compatible
with any existing dwellings in the neighborhood.
(9)
A day-care center may occur in a building that also
includes permitted or nonconforming dwelling units.
Q.
Dormitory (see definition in Article II).
(1)
This use shall be limited to full-time students, faculty
or staff of an accredited college, university, nursing school, medical
training program or teaching hospital.
(2)
The building shall be set back a minimum of 80 feet
from any existing single-family detached dwelling or single-family
semidetached (twin) dwelling that is not owned by the institution
providing such dormitory.
(3)
A dormitory shall include a maximum of one cooking
area for every 20 students.
R.
Forestry, commercial (excluding plant nursery).
(2)
A forestry management plan shall be prepared and followed
for any commercial forestry involving more than one acre. This plan
shall be prepared by a professional forester and be consistent with
the timber harvesting guidelines of the Pennsylvania Forestry Association.
(3)
Clear cutting shall be prohibited except on tracts
of less than one-fourth (1/4) acre.
(4)
On tracts larger than one-fourth (1/4) acre, at least
20% of the forest cover (canopy) shall be kept, and the residual trees
shall be well distributed. At least 20% of these residual trees shall
be composed of higher value species as determined by a professional
forester.
(5)
An erosion and sedimentation control plan shall be
submitted to the County Conservation District for any review and recommendation.
(6)
The forestry management plan shall include an appropriate
method to ensure reforestation, except for areas approved for a permitted
use.
(7)
Commercial forestry is prohibited on areas with slopes
greater than 25% or within the one-hundred-year floodway.
S.
Funeral home. Minimum lot area: 12,000 square feet,
which may include adjacent parking lots in common ownership or under
long-term lease.
T.
Golf course.
(1)
The course shall be designed so that golf balls are
highly unlikely to enter public streets or property that is not part
of the golf course.
(2)
A clubhouse, retail sales of golf supplies, nonhousehold
swimming pool and/or restaurant may be permitted as an accessory use.
Any principal building or swimming pool shall be located a minimum
of 80 feet from any residential lot line, unless the owner of such
lot grants a waiver, in writing, from such setback.
(3)
Minimum lot area: 10 acres in a residential district.
(4)
Any outdoor lighting shall be located and designed
in such a way that it does not generate more light onto residential
properties than what is customary in a residential neighborhood.
(5)
Maximum building coverage: 5%.
(6)
Maximum impervious coverage: 10%.
(7)
Fairways and greens shall be setback a minimum of
20 feet from the lot line of any existing dwelling.
U.
Group home (permitted within any lawful dwelling unit).
(2)
Supervision. There shall be adequate supervision as
needed by an adequate number of person(s) trained in the field for
which the group home is intended.
(3)
Certification. The use shall be licensed or certified
under an applicable state, county or federal program for group housing,
if applicable. A copy of any such license or certification shall be
filed with the City and shall be required to be shown to the Zoning
Officer in the future upon request. The group home shall notify the
City within 14 days if there is a change in the type of clients, the
sponsoring agency, the maximum number of residents or if an applicable
certification/license expires, is suspended or is withdrawn.
(4)
Registration. The group home shall register its location,
general type of treatment/care, maximum number of residents and sponsoring
agency with the Zoning Officer. Such information shall be available
for public review upon request.
(5)
Counseling. Any medical or counseling services provided
on the lot shall be limited to residents and a maximum of three nonresidents
per day.
(6)
Parking. One off-street parking space shall be provided for each employee on duty at any one time and every two residents of a type reasonably expected to be capable of driving a vehicle. Off-street parking areas of more than five spaces shall be buffered from adjacent existing single-family dwellings by a planting screen meeting the requirements of § 445-74.
(7)
Appearance. If the group home is within a residential
district, the building shall be maintained and/or constructed to ensure
that it is closely similar in appearance, condition and character
to the other residential structures in the area. No exterior signs
shall identify the type of use.
(8)
The following maximum number of persons shall reside
in a group home, including the maximum number of employees/supervisors
and/or care providers routinely in the group home at any point in
time:
(9)
Employees of the group home shall be prohibited from
having visitors on the premises, except for visitation necessary for
the operation of the group home and except for emergencies.
V.
Hospital.
(1)
Minimum total area of all lots: 30,000 square feet.
(5)
A hospital may also include the treatment for drug
and alcohol addiction as a clearly accessory use, provided that the
use is included completely within a general medical hospital building.
(6)
A hospital may also include inpatient and outpatient
mental health facilities, provided that the use does not primarily
include the housing or treatment of the criminally insane or persons
committed to such institution as a result of having been charged with
a violent felony. Any inpatient mental health facilities shall be
located completely within a general medical hospital building, unless
such building is located a minimum of 200 feet from any residential
lot line.
(7)
A hospital may also include any of the following additional
principal or accessory uses:
(a)
Medical research facilities and training/education
facilities for health-care professions.
(b)
Short- and long-term medical care.
(c)
Management and administrative offices for health-care
organizations.
(d)
Hospice facilities.
(e)
Medical testing facilities.
(f)
Operating rooms and emergency facilities.
(g)
Medical and dental offices and clinics for treatment.
(h)
A nursing home or personal care center.
(i)
Ambulatory surgery center.
W.
Hotel/motel.
(1)
This use may be combined with commercial recreational
facilities and a restaurant, if such uses are permitted in that district.
(2)
See definition in Article II, which distinguishes between a hotel/motel and a boardinghouse and a bed-and-breakfast use.
(3)
Minimum lot area: 6,000 square feet.
(4)
The use shall include a minimum of one full bathroom
for every eight residents.
X.
Junkyard (includes automobile salvage yard).
(1)
Storage of garbage or biodegradable waste is prohibited,
other than what is customarily generated on-site and routinely awaiting
pickup.
(2)
Outdoor storage of junk shall be a minimum of:
(a)
One hundred feet from any residential lot line
for any junkyard or portion thereof approved after the adoption of
this chapter.
(b)
Sixty feet from any residential lot line for
any portion of a junkyard existing or approved prior to the adoption
of this chapter.
(c)
Thirty feet from any other lot line or from
the existing right-of-way of any public street.
(3)
The site shall contain a minimum of two exterior points
of access, each of which is not less than 20 feet in width. One of
these accesses may be limited to emergency vehicles. Cleared driveways
shall be provided throughout the entire use to allow access by emergency
vehicles. Adequate designated off-street parking spaces shall be provided
for customers.
(4)
Outdoor storage shall be completely enclosed (except at approved driveway entrances) by a ten-foot-wide buffer yard which complies with § 445-74, unless such storage is not visible from an exterior lot line or street. The initial height of the evergreen planting shall be four feet.
(5)
Fencing.
(a)
Secure weather-treated wood, plastic-coated
chain link metal fencing with a minimum height of eight feet shall
be provided and well-maintained around all outdoor storage areas of
a junkyard. Fences shall not be constructed of solid metal, junk vehicles,
unregistered vehicles or junk. Fences shall be constructed of uniform
materials and generally be of uniform height, except where variations
in height may be needed to prevent unauthorized access from certain
sloped areas.
(b)
Fencing shall be placed inside of any evergreen
screening.
(c)
Sufficient gates shall be provided in the fence
only for necessary vehicle entry and exit and for emergency access.
All such gates shall be kept securely closed when the junkyard is
not open for business.
(d)
To control the entry of children into the junkyard as an attractive nuisance and to control the exit of rats from the facility and to control offensive odors and to buffer noise and to avoid negative effects on property values of adjacent properties, all existing junkyards and auto salvage yards shall be required to meet this requirement for fencing as stated in this Subsection X(5) within 24 months of the adoption of this chapter.
(7)
The use shall comply with the performance standards of Article V, especially regarding noise, dust and odor regulations.
(8)
All gasoline, coolant and oil shall be drained from
all vehicles and properly disposed of. All such substances shall not
be stored on-site for more than 90 days and shall be properly labeled.
All batteries shall be removed from vehicles and properly stored in
a suitable area on an impervious, properly drained surface.
(9)
Lot area: two acres minimum, 20 acres maximum.
(11)
Any material stored on-site that may attract
rodents or insects or noxious odors or create fire hazards shall be
stored within enclosed containers and be removed from the site and
properly disposed of within 90 days.
(12)
No junk or junk vehicles shall be stacked or
stored in such a way that it results in a height greater than 35 feet
above the surrounding ground level.
Y.
Kennel.
(1)
All buildings in which animals are housed and all
runs shall be located at least 150 feet from all residential lot lines
and all lot lines of a hotel/motel and 30 feet from all other lot
lines.
(2)
Buildings shall be adequately soundproofed so that
sounds generated within the buildings cannot routinely be heard within
any adjacent dwelling.
(3)
No animal shall be permitted to use outdoor runs from
8:00 p.m. to 8:00 a.m. that are within 300 feet of an existing dwelling.
Runs for dogs shall be separated from each other by visual barriers
a minimum of four feet in height, to minimize dog barking.
(4)
See state law regulating kennels.
(5)
A kennel may be used for breeding.
(6)
Minimum lot area: one acre.
(7)
An evergreen screen meeting the requirements of § 445-74 shall be required between any outdoor animal runs and any residential lot line.
(8)
The use shall be maintained in a sanitary manner to
avoid noxious odors to other properties. No incineration of refuse
shall be permitted on-site.
Z.
Livestock, raising of.
(1)
Minimum lot area: five acres.
(2)
Any newly developed indoor area used for the keeping
of animals or indoor or feeding areas that are part of a raising of
livestock use shall be located a minimum of 250 feet from the following:
residential lot lines, existing restaurants and existing office uses;
and a minimum of 100 feet from all other exterior lot lines.
(3)
Any additions to an existing indoor area used for
the raising of livestock or feeding areas that are part of a raising
of livestock use shall be located a minimum of 200 feet from a residential
lot line.
(4)
Bulk storage of manure shall be set back a minimum
of 300 feet from any exterior lot line.
(6)
The raising of garbage-fed pigs shall be set back
a minimum of 300 feet from any exterior lot line.
BB.
Mineral extraction. These regulations shall not apply
to the regrading and reclamation of coal mining waste/culm banks existing
from mining operations that occurred prior to the adoption of this
chapter. Such reclamation is permitted by right in all districts.
(1)
The activities and residual effects shall not
create conditions that are significantly hazardous to the health and
safety of neighboring residents.
(2)
After areas are used for mineral extraction,
they shall be reclaimed in phases to a nonhazardous and environmentally
sound state permitting some economically productive future use.
(3)
A seventy-five-foot-wide yard covered by natural vegetative ground cover (except at approved driveway crossings) shall be required along all exterior lot lines that are within 250 feet of an area of excavation or within 250 feet of machinery that is greater than 35 feet in height. This yard shall include an earthen berm averaging a minimum of six feet in height and an average of one shade tree for each 50 feet of distance along the lot lines. Such shade trees shall be planted outside of any berm and any fence and shall meet the size and type requirements of § 445-55.
(4)
The following minimum setbacks shall apply for
the excavated area of a mineral extraction use from property that
is not owned by the owner of the mineral extraction use:
(a)
One hundred feet from the existing right-of-way
of public streets and from all exterior lot lines of the property.
(b)
One hundred fifty feet from a commercial or
industrial building, unless released by the owner thereof.
(c)
Two hundred fifty feet from a residential lot
line, other than an abandoned dwelling.
(d)
One hundred fifty feet from the lot line of
a publicly owned recreation area that existed at the time of the application
for the use or expansion.
(6)
Fencing, stockpiling and slopes.
(a)
Any area of excavation that creates slopes of
greater than 25% shall be surrounded by secure fencing with a minimum
height of eight feet.
(b)
Except for cuts into solid rock, the maximum
slope of an excavation shall be one foot vertical to three feet horizontal.
(c)
Excavated materials shall be used as fill or
in fill and regraded once excavation of an area is completed and shall
not remain stockpiled in piles or mounds.
(8)
Erosion control. A soil erosion and sedimentation plan shall be prepared by the applicant and found to be acceptable to the County Conservation District. See also § 445-52, entitled "Removal of topsoil."
(9)
Hours of operation. The Board may reasonably
limit the hours of operation of the use and of related trucking and
blasting operations to protect the character of adjacent residential
areas.
(10)
Additional reviews. The applicant shall submit
at least 14 days prior to the initial Zoning Hearing Board hearing
a complete copy of all application materials and a site plan to the
Planning Commission for advisory review. The application shall be
sent to the City Engineer for review, with the reasonable costs of
such review paid by the applicant.
(11)
The applicant shall also submit a copy to the
Zoning Officer of all materials submitted by the applicant to state
agencies regarding an application for this project. The use shall
comply with all applicable state regulations as a condition of City
approval under this chapter, and such City approval may be revoked
for violation of this condition.
(12)
Preemption. It is not the intent of this section
to unlawfully preempt any federal or state law or regulation. Unless
a preemption of this chapter would exist, the most restrictive requirement
shall be in effect where a conflict might exist.
(13)
Application requirements. Each application for
a mineral extraction use involving an excavation of more than one
acre shall include the following:
(a)
Present uses of the site.
(b)
A scaled map, prepared by a professional engineer,
showing the locations of:
[1]
The proposed area to be excavated
(and maximum depth).
[2]
Other land to be affected, including
but not limited to storage sites for overburden, access and haulage
streets, storage sites for equipment and offices and other accessory
structures.
[3]
Lot lines of adjacent lots and
owners and existing uses of these lots.
[4]
Watercourses, bodies of water,
street rights-of-way, buildings and publicly owned recreation areas
within 250 feet of the boundaries of land to be affected by the mineral
extraction operation.
[5]
Any wetlands and forested areas
to be removed or protected and preserved as part of the use.
(c)
A detailed land reclamation plan of the area
to be excavated, showing:
[1]
Proposed reclaimed use and topography
of the land following the mineral extraction.
[2]
Actions to be taken during mining
to conserve and replace topsoil removed during mining operations.
[3]
Reasonable assurances that the
applicant will be capable of reclaiming the land in accordance with
the plan within a reasonable time after completion of the mineral
extraction operations to be covered by the requested permit.
(14)
Regulation of the maximum acreage actively used
for mineral extraction.
(a)
To ensure that large areas of land will be reclaimed
in compliance with state and City regulations, the Board may establish
a maximum number of acres which may be affected by mineral extraction
at any one time on any lot or any series of lots owned by one applicant
or closely related applicants.
(b)
"Land affected by mineral extraction" shall
mean all total land area at any point in time that is currently under
active mineral extraction, that is not adequately reclaimed or backfilled
following prior extraction operations and/or that contains waste or
spoil piles from existing or prior mining activities.
CC.
Mobile/manufactured home. On an individual lot or
within a mobile/manufactured home park:
(1)
The use shall be constructed in accordance with
the safety and construction standards of the United States Department
of Housing and Urban Development. These standards supersede the BOCA
code for the actual construction of the unit itself.
(2)
The use shall have a site graded to provide
a stable and well-drained area.
(3)
The use shall have the hitch mechanisms removed.
The wheels and axles shall be removed or screened from view.
(4)
Foundation. The use shall be securely attached
to the ground in such a way as to prevent overturning, shifting or
uneven settling of the home. This shall involve the following method,
unless the applicant proves to the satisfaction of the Zoning Officer
that another appropriate method will be used that is recommended by
the manufacturer of the home or by the manufacturing housing industry
or is specified by a future edition of the BOCA code:
(a)
The foundation system shall consist of ten-inch
diameter concrete piers, concrete footing perpendicular to the main
longitudinal frame or equivalent and shall be installed from ground
level to below the frost line (36 inches minimum). This foundation
system shall be placed on eight-foot centers (unless a different length
is specified by the manufacturer) along each of the two main longitudinal
frames for each section of the home, with no more than a three-foot
overhang at each end of the section.
(b)
One-half-inch diameter by twelve-inch-long eyebolts,
unshaped bars or equivalent metal bars shall be cast in place at each
corner and at two midpoints in the concrete piers, concrete footing,
slab or equivalent. Concrete blocks shall be used to support the home
on the foundation system, and wood shims may be used for final leveling.
The concrete support blocks shall not be wider than the support foundation.
(c)
The mobile/manufactured home shall be securely
anchored or tied down with cable and turnbuckles or equivalent connecting
the frame to the cast-in-place eyebolts on at least four corners and
two midpoints. The tie-down shall also be in accordance with the manufacturers'
recommendations furnished with each home.
(d)
Mobile homes shall not be placed more than four
feet above the supporting ground area.
(5)
The use shall be enclosed from the bottom of
the home to the ground or stand using industry-approved skirting material
compatible with the home or, if a slab foundation is used, masonry
walls underneath the home with soil backfill to result in the surrounding
ground level being flush or one normal step height below the first
floor elevation. If masonry walls are used, then an appropriate service
access area shall be provided.
(6)
Homes shall have a pitched instead of a flat
roof.
(7)
The use should be located with the longest side
facing the public street.
DD.
Mobile/manufactured home park.
(1)
The use shall comply with all of the provisions
of the Subdivision and Land Development Ordinance[6] that apply to a land development, including the submission,
approval and improvements provisions, other than specific provisions
altered by this section. The placement of each mobile home unit shall
require a building permit.
(2)
Minimum tract size: three contiguous acres,
which shall be under single ownership.
(3)
Maximum average overall density: five dwelling
units per acre. To calculate this density, land in common open space
or proposed streets within the park may be included, but land within
the one-hundred-year floodway or that has slopes of 15% or greater
shall not be included.
(4)
The use shall have a twenty-five-foot buffer yard around the perimeter of the site, meeting the requirements of § 445-74. This buffer yard shall be 50 feet wide abutting lots, including existing single-family detached dwellings.
(5)
Minimum separation between dwelling units: 20
feet.
(6)
Minimum principal and accessory building setbacks:
(a)
From the exterior lot lines of the mobile home
park: 60 feet.
(b)
From the cartways of streets within the mobile
home park that serve 10 or more homes: 25 feet.
(c)
From the cartways of parking courts or streets
within the mobile home park that serve less than 10 homes: 10 feet.
(d)
From the lot lines of existing single-family
detached dwellings: 75 feet.
(7)
Recreation area. The mobile home park shall
include a minimum of 8% of the tract set aside as permanent common
open space for recreation use by the residents. Areas that would not
be suitable for recreation shall not be counted towards the required
open space.
(8)
Each unit shall comply with the above requirements
for mobile/manufactured homes in this section.
(9)
A mobile/manufactured home park may include
a recreation center for residents, a rental/management office, maintenance
buildings for the park, a swimming pool(s) and the sale of mobile/manufactured
homes that will be placed on the tract. A mobile home park shall not
include the sale of homes for placement off the tract, unless such
use is specifically permitted in the applicable district.
(10)
If any of these requirements conflict with those
of the mobile home park regulations of the Subdivision and Land Development
Ordinance, as amended, then the regulations of this subsection shall
apply instead. Streets within a mobile home park that serve 10 or
more dwelling units shall be constructed to City road bed construction
standards, although curbing and the establishment of a right-of-way
is not required for private streets.
(11)
In addition to the required parking per dwelling,
an appropriate area shall be set aside for the parking of recreational
vehicles of residents and for overflow guest parking.
(12)
The maximum height, building coverage and impervious
coverage of the applicable zoning district shall apply.
(13)
All mobile home spaces shall be wired underground
for cable television and telephone lines.
(14)
Each mobile home may have one accessory building,
which shall not have a floor area greater than 300 square feet.
(15)
Streets and parking courts within the mobile
home park shall be adequately illuminated by the owner of the mobile
home park for security purposes.
(16)
Any recreational facilities shall be limited
to use by residents of the mobile home park and their occasional invited
guests.
(17)
The owner of the mobile home park shall ensure
that all infrastructure and facilities are adequately maintained,
kept in a clean and sanitary condition and kept in good repair.
(18)
The operator of the mobile park shall, at a
minimum once a year, report, in writing, the names of all residents
age 18 years or older to the single tax office or its successor.
EE.
Nightclub. This use shall meet the requirements for
an auditorium, commercial.
GG.
Parking lot as a principal use.
(1)
The parking lot shall not be used for parking
of heavy construction equipment, for vehicle repairs or for sales
unless such uses are specifically permitted by the applicable district
regulations.
(3)
A parking area of more than six parking spaces
to serve a principal business use that would be located within a residential
district abutting existing dwellings shall not be approved if it would
routine require the movement of vehicles between 12:00 p.m. and 6:00
a.m.
II.
Place of worship.
(1)
Minimum lot area: 10,000 square feet in a residential
district.
(2)
Weekly religious education rooms and meeting
rooms are permitted accessory uses, provided that such uses are of
such a character and intensity that they would be clearly customary
and incidental to the place of worship. A primary or secondary school
and/or a child or adult day-care center are permitted on the same
lot as a place of worship as long as the total lot area is a minimum
of one-half (1/2) acre.
JJ.
Plant nursery.
(1)
Evergreen screening and buffer yards are not
required around the outdoor storage of trees or shrubs.
(2)
The only retail sales that shall be permitted
shall be of trees and plants that were primarily grown upon the lot
and clearly customary and accessory sales of closely related items
(such as mulch, topsoil and tools) unless retail sales or a retail
store are specifically permitted in the district.
(3)
Minimum lot area: one-half (1/2) acre if there
is any retail sales within a primarily residential district.
KK.
Recycling collection center.
(1)
This use shall not be bound by the requirements
of a solid waste disposal facility.
(2)
All materials shall be kept in appropriate containers,
with appropriate sanitary measures and frequent-enough emptying to
prevent the attraction of insects or rodents and to avoid fire hazards.
(3)
Adequate provision shall be made for movement
of trucks if needed and for off-street parking.
(4)
A ten-foot buffer yard with screening as described in § 445-74 shall be provided between this use and any abutting residential lot line.
(5)
This use may be a principal or accessory use,
including being an accessory use to a commercial use, an industrial
use, a public or private primary or secondary school, a place of worship
or a City-owned use, subject to the limitations of this section.
(6)
Materials to be collected shall be of the same
character as the following materials: paper, fabric, cardboard, plastic,
metal, aluminum and glass. No garbage shall be stored as part of the
use, except for that generated on-site and that accidentally collected
with the recyclables. Only materials clearly being actively collected
for recycling may be stored on-site.
(7)
The use shall only include the following operations:
collection, sorting, baling, loading, weighing, routine cleaning and
closely similar work. No burning or landfilling shall occur. No mechanical
operations shall routinely occur at the site other than operations
such as baling of cardboard.
(8)
The use shall not routinely include the collection
or processing of pieces of metal that have a weight greater than 50
pounds, except within an industrial district.
(9)
The use shall include the storage of a maximum
of 200 tons of materials on the site if the use is within a residential
district and is within 150 feet of an existing dwelling.
LL.
Restaurant, fast-food or standard.
(2)
A maximum of two outdoor menu boards are permitted,
beyond the signs normally permitted, with a maximum sign area of 40
square feet each if drive-through service is provided, if the words
on such signs are not readable from beyond the lot line.
(3)
Traffic circulation onto, within and off of
the lot shall be clearly marked. A drive-through use shall be designed
with space for an adequate number of waiting vehicles while avoiding
conflicts with traffic onto, around and off of the site.
MM.
School, public or private, primary or secondary.
(1)
Minimum lot area: one-half (1/2) acre, unless
a larger acreage is required by another section of this chapter.
(2)
No children's play equipment, basketball courts
or illuminated recreation facilities shall be within 15 feet of a
residential lot line.
(3)
The use shall not include a dormitory unless
specifically permitted in the district.
NN.
Self-storage development.
(1)
All storage units shall be fire resistant and
water resistant.
(2)
Outdoor storage shall be limited to recreational
vehicles, boats and trailers. No junk vehicles shall be stored within
view of a public street or a dwelling.
(3)
Trash, radioactive or highly toxic substances,
garbage, refuse, explosives or flammable materials, hazardous substances,
animal carcasses or skins or similar items shall not be stored.
(4)
Nothing shall be stored in interior traffic
aisles, required off-street parking areas, loading areas or accessways.
(5)
Major body work on vehicles shall not be permitted.
The use shall not include a commercial auto repair garage unless that
use is permitted in the district and the use meets those requirements.
(6)
Adequate lighting shall be provided for security,
but it shall be directed away or shielded from any adjacent residential
uses.
(7)
Any areas of the use that are within 200 feet of the existing right-of-way of an expressway, arterial street or collector street or a dwelling shall be separated from that street and/or dwelling by a buffer yard with screening under § 445-74.
(8)
Maximum building length: 250 feet.
(9)
Minimum separation between buildings: 20 feet.
(10)
The use may include one dwelling unit for a
full-time caretaker.
OO.
Sexually oriented business.
(1)
Findings.
(a)
The City Council of the City of Scranton finds
that sexually oriented businesses and adult uses are frequently used
for unlawful sexual activities, including prostitution and sexual
liaisons of a casual nature.
(b)
The concern over sexually transmitted diseases
is a legitimate health concern of the City of Scranton which demands
reasonable regulation of sexually oriented businesses and adult uses
in order to protect the health and well-being of the citizens.
(c)
Permitting and/or licensing is a legitimate
and reasonable means of accountability to ensure that operators of
sexually oriented businesses and adult uses comply with reasonable
regulations and to ensure that operators do not knowingly allow their
establishments to be used as places of illegal sexual activity or
solicitation.
(d)
There is convincing documented evidence that
sexually oriented businesses and adult uses, because of their very
nature, have a deleterious effect on both the existing businesses
around them and the surrounding residential areas adjacent to them,
causing increased crime and the downgrading of property values.
(e)
It is recognized that sexually oriented businesses
and adult businesses, due to their nature, have serious objectionable
operational characteristics, particularly when they are located in
close proximity to each other, thereby contributing to neighborhood
blight and downgrading the quality of life in the adjacent area.
(f)
The City desires to minimize and control these
adverse effects and thereby protect the health, safety and welfare
of the citizenry; protect the citizens from increased crime; preserve
the quality of life; preserve the property values and character of
surrounding neighborhoods; and deter the spread of neighborhood blight.
(g)
It is not the intent of this chapter to suppress
any speech activities protected by the First Amendment, but to enact
a content neutral ordinance which addresses the secondary effects
of sexually oriented businesses and adult uses.
(i)
It is necessary to amend this chapter to ensure
that enforcement proceedings are in compliance with the Pennsylvania
Municipalities Planning Code, as amended.
(2)
Purposes. Purposes shall be as follows: to regulate
sexually oriented businesses and/or adult uses in order to promote
the health, safety and general welfare of the citizens of the City
and to establish reasonable and uniform regulations to prevent the
continued deleterious location and concentration of sexually oriented
businesses and/or adult uses within the City; to have neither the
purpose nor effect of imposing a limitation or restriction on the
content of any communicative materials, including sexually oriented
or adult materials; to not totally restrict or deny access by adults
to sexually oriented materials or adult materials protected by the
First Amendment; to not deny access by the distributors and exhibitors
of sexually oriented entertainment to their intended market; to not
condone or legitimize the distribution of obscene material or to encourage
any violations of the Pennsylvania Crimes Code.
(3)
Sexually oriented businesses (see definition in Article II) are allowed only in a C-D District and shall not be permitted:
(a)
In any residential district.
(b)
In any district, including a C-D District, within
500 feet of the following:
[1]
Places of worship or primary or secondary schools.
[2]
Commercial enterprises catering primarily to
persons under 18 years of age.
[3]
A public library.
[4]
A child day-care facility or nursery school.
[5]
A public park, including but not limited to
a National Historic Site or National Historic Park.
(c)
In any district, including C-D, within 300 feet
of any other sexually oriented business.
(4)
Measurement. The distances described in this
section shall be as measured from the edge of the premises of the
portion of a building used for the subject use, measured in a straight
line (without regard to intervening structures or objects) to the
nearest lot line of the premises of a use from which a setback applies
under this chapter (including but not limited to the following: a
place of worship, school, public library, a child day-care facility,
nursery school, public park, a commercial enterprise catering primarily
to persons under 18 years of age, tavern, restaurant, membership club
or any other sexually oriented business).
(5)
Enlargement. An existing, lawful sexually oriented
business may be expanded once in total floor area by a maximum of
10% beyond the floor area that lawfully existed in such use at the
time of adoption of the Zoning Ordinance of 1993. Any further expansion
shall only occur if approved as a variance.
(6)
Limit of one use. It shall be a violation of
this chapter for any person to cause or permit the operation, establishment
or maintenance of more than one sexually oriented business in the
same building, structure or portion thereof or an increase of floor
area of any sexually oriented business in any building, structure
or portion thereof that contains another sexually oriented business.
(7)
Nonconformity. Any sexually oriented business lawfully operating on the date of enactment of this chapter that is in violation of Subsection OO(1) through (7) of this subsection shall be deemed a nonconforming use. Such nonconforming uses shall not be increased, enlarged, extended or altered, except as permitted in Subsection OO(5) above and except that the use may be changed to a conforming use.
(8)
Location of new neighboring uses. A sexually
oriented business lawfully operating as a conforming use is not rendered
a nonconforming use by the location, subsequent to the grant or renewal
of a sexually oriented business permit, of a use from which a sexually
oriented business is required to provide a setback from under this
section (including but not limited to a place of worship, school,
commercial enterprise catering primarily to persons under 18 years
of age, public library, child-care facility, nursery school and public
park) is located within the distances described in this section. This
provision applies only to the renewal of a valid permit and does not
apply when the application for a permit is submitted after a permit
has expired or has been revoked.
(9)
Alcohol. No sexually oriented business shall
be operated in combination with the sale of alcoholic beverages.
(10)
Sexually oriented business permit.
(a)
Any person who operates a sexually oriented
business without a valid permit issued by the City is guilty of a
violation of this chapter.
(b)
Application. An application for a permit to
operate a sexually oriented business must be made on a form provided
by the Zoning Officer. The application must be accompanied by a sketch
or diagram showing the floor plan and plot plan configuration of the
premises, including a statement of total floor space occupied by the
business. A sketch or diagram need not be professionally prepared,
but must be drawn to a designated scale or drawn with marked dimensions
of the interior of the premises to an accuracy of plus or minus six
inches.
(c)
The applicant must be qualified according to
the provisions of this chapter, and the premises must be inspected
and found to be in compliance with the law by the Zoning Officer,
the Department of Community Development, the Fire Department and the
City Health Inspector or their successor agencies/personnel.
(d)
Signature. If the person who wishes to operate
a sexually oriented business is an individual, he/she must sign the
application for the permit as the applicant. For a person who wishes
to operate a sexually oriented business as other than an individual,
each individual who has a ten-percent or greater interest in the business
must sign the application for a permit as applicant. If a corporation
is listed as owner of a sexually oriented business or as the entity
which wishes to operate such a business, each individual having a
direct or indirect interest of 10% or greater in the corporation must
sign the application for a permit as applicant and shall provide their
home address and full legal name.
(e)
The fact that a person possesses other types
of City permits does not exempt the person from the requirement of
obtaining a sexually oriented business permit.
(f)
The Zoning Officer shall approve the issuance
of a permit to an applicant within 30 days after receipt of a full
and complete application, unless he/she finds one or more of the following
to be true:
[1]
An applicant is under 18 years
of age.
[2]
An applicant or an applicant's
spouse is overdue in his/her payment to the City of taxes, fees, fines
or penalties assessed against him/her or imposed upon him/her in relation
to a sexually oriented business.
[3]
An applicant has failed to provide
information recently necessary for issuance of the permit or has falsely
answered a question or request for information on the application
form.
[4]
An applicant is residing with the
person who has been denied a permit by the City to operate a sexually
oriented business within the preceding 12 months or residing with
a person whose license to operate a sexually oriented business has
been revoked within the preceding 12 months.
[5]
The premises to be used for the
sexually oriented business has been reviewed and has been disapproved
either by the Zoning Officer, the Department of Community Development,
the Fire Bureau or the Health Inspector as not being in compliance
with applicable laws and ordinances.
[6]
The permit fee required by this
chapter has not been paid.
[7]
An applicant of the proposed establishment
is in violation of or is not in compliance with any of the provisions
of this chapter.
[8]
An individual applicant or any
individual holding a direct or indirect interest of more than 10%
of a corporate applicant or any of the officers or directors of a
corporate applicant (if the applicant is a corporation) or any of
the partners, including limited partners (if the applicant is a partnership),
or manager or other person in charge of the operation of the applicant's
business has or have been convicted of an offense involving sexual
misconduct within the United States of, but not limited to, prostitution,
aiding and abetting prostitution, obscenity, possession or sale of
child pornography, corrupting the morals of a minor, sale of pornography
to minors, statutory rape, involuntary sexual intercourse or sexual
assault. In order for approval to be denied pursuant to this subsection,
such person or persons must have been convicted of such sexual misconduct
within one year prior to the date of application in the event of a
summary offense, three years prior to the date of application in the
event of a misdemeanor and 10 years prior to the date of application
in the event of a felony.
(g)
The permit, if granted, shall state on its face
the name of the person or persons to whom it is granted, the expiration
date and the address of the sexually oriented business. The permit
shall be posted in a conspicuous place at or near the entrance to
the sexually oriented business so that it may be easily read at any
time.
(h)
The Zoning Officer, the Fire Bureau, the Department
of Community Development and the Health Inspector or their successor
agencies/personnel shall complete their certification if the premises
are in compliance or not in compliance within 20 days of the receipt
of the application by the Zoning Officer. The certification shall
be promptly presented to the Zoning Officer.
(i)
Manager. Each sexually oriented business shall
provide the name of a responsible on-site manager as part of the permit.
Such manager shall have the authority to ensure that the use complies
with this chapter, in addition to the responsibilities held by the
owners of the business. The business and home addresses and telephone
numbers of such manager shall be reported, in writing, to the Zoning
Officer. If such name, address or telephone number of such manager
changes, the change shall be reported, in writing, to the Zoning Officer
within one working day.
(11)
Fees and inspection of sexually oriented businesses.
(a)
The annual fee for a sexually oriented business
permit is $500 unless such fee is updated by future resolution of
the City Council. Such fee is intended to fund administrative, review
and inspection costs of the City concerning the use.
(b)
An applicant or permittee and his/her employees
shall permit representatives of the Police Bureau, Fire Bureau, Zoning
Officer, Department of Community Development and the Health Inspector
to inspect the premises of a sexually oriented business for the purpose
of ensuring compliance with the law at any time that the sexually
oriented business is occupied or opened for business.
(c)
A person who operates a sexually oriented business
or his/her employee violates this chapter if he/she refuses to permit
such lawful inspection of the premises at any time it is occupied
or open for business.
(12)
Expiration of permit for sexually oriented business.
(a)
Each permit shall expire one year from the date
of issuance and may be renewed only by making application as provided
in this chapter. Application for renewal shall be made at least 30
days before the expiration date and, when made less than 30 days before
the expiration date, the pendency of the application will not prevent
the expiration of the permit.
(b)
If the Zoning Officer denies renewal of a license,
the applicant shall not be issued a permit for one year from the date
of denial, except that after 90 days have elapsed since the date of
denial, the applicant may be granted a permit if the Zoning Officer
finds that the basis for denial of the renewal permit has been corrected
and abated. Nothing herein is intended to limit or impair the right
of any applicant to appeal to the Zoning Hearing Board from a decision
of the Zoning Officer. In the event that the Zoning Hearing Board,
after hearing, reverses the Zoning Officer's decision, this subsection
shall not apply.
(13)
Suspension of permit. The Zoning Officer shall
suspend a permit for a period not to exceed 30 days if he/she determines
that a permittee or an employee of a permittee has:
(a)
Violated or is not in compliance with any section
of this chapter.
(b)
Engages in excessive use of alcoholic beverages
while on the sexually oriented business premises.
(c)
Allowed a visibly intoxicated person on the
premises at any time that the sexually oriented business is open for
business.
(d)
Refuses to allow an inspection of a sexually
oriented business premises as authorized by this section.
(e)
Knowingly permitted gambling by any person on
a sexually oriented business premises.
(14)
Revocation of permit.
(a)
The Zoning Officer shall revoke a permit if a cause or suspension set forth in Subsection OO(13) above occurs, and the permit has been suspended within the preceding 12 months.
(b)
The Zoning Officer shall revoke the permit if
he/she determines that:
[2]
A permittee gave false or misleading
information in the materials submitted to the City during the application
process.
[3]
A permittee or employee of a permittee
has knowingly allowed possession, use or sale of controlled substances
on the premises.
[4]
A permittee or an employee of a
permittee has knowingly allowed prostitution or solicitation for prostitution
on the premises.
[5]
A permittee or an employee of a
permittee knowingly operated the sexually oriented business during
a period of time when the permittee's permit was suspended.
[6]
A permittee or an employee of a
permittee knowingly allowed any act of sexual intercourse, sodomy,
oral copulation, masturbation or other explicit sexual conduct to
occur in or on the permitted premises.
[7]
A permittee is delinquent in payment
to the City of any fees relating to sexually oriented businesses.
(c)
If the Zoning Officer revokes a permit, the revocation shall continue for one year, and the permittee shall not be issued a sexually oriented business permit for one year from the date revocation became effective, except that if the revocation is pursuant to Subsection OO(14)(b)[1] above, the revocation shall be effective for one year for a summary offense, two years in the event of a misdemeanor or five years in the event of a felony.
(d)
After denial of an application or denial of
a renewal of application or suspension of revocation of a permit,
the applicant or licensee or permittee shall have the right to appeal
the Zoning Officer's determination to the Zoning Hearing Board, and
from there to the Court of Common Pleas.
(15)
Transfer of permit. A permittee shall not transfer
his permit to another person unless such transferee submits an application
pursuant to this chapter. A permittee shall not operate a sexually
oriented business under a permit at any place other than the address
designated in the application.
(16)
Regulations pertaining to exhibition of sexually
explicit films or videos.
(a)
A person who operates or causes to be operated
a sexually oriented business, other than an adult motel, which exhibits
on the premises in a viewing room of less than 150 square feet of
floor space a film or videocassette or other video or image production
or reproduction which depicts specified sexual activities or specified
anatomical areas shall comply with the following requirements:
[1]
The application for a permit to
operate a sexually oriented business shall be accompanied by a floor
plan and plot plan diagram of the premises showing a plan thereof,
specifying the location of one or more managers' stations, the location
of all viewing rooms, partitions and doors, the location of all overhead
lighting fixtures and designating any portion of the premises in which
patrons will not be permitted. A managers' station may not exceed
32 square feet of floor area. The diagrams shall also designate the
place at which the permit will be conspicuously posted, if granted.
A professionally prepared diagram in the nature of an engineer's or
architect's blueprint shall not be required; however, each diagram
shall be oriented to the north or to some designated street or object
and should be drawn to a designated scale or with marked dimensions
sufficient to show the interior dimensions of all areas of the interior
of the premises to an accuracy of plus or minus six inches. The Zoning
Officer may waive the foregoing diagram for renewal applications if
the applicant adopts a diagram that was previously submitted and certifies
that the configuration of the premises has not been altered since
it was submitted.
[2]
The application shall be sworn
to be true and correct by the applicant.
[3]
No alteration in the configuration
or location of a managers' station may be made without the prior approval
of the Zoning Officer or his/her designee.
[4]
It is the duty of the owners and
operators of the premises to ensure that at least one employee is
on duty and situate in each managers' station at all times that any
patron is present inside.
[5]
The interior of the premises shall
be configured in such a manner that there is an unobstructed view
from a managers' station of every area of the premises to which any
patron is permitted access for any purposes, excluding rest rooms.
Rest rooms may not contain video reproduction or viewing equipment.
If the premises has two or more managers' stations designated, then
the interior of the premises shall be configured in such a manner
that there is an unobstructed view of each area of the premises to
which any patron is permitted access for any purpose from at least
one of the managers' stations. The view required by this subsection
must be by direct line of sight from the managers' station.
[6]
It shall be the duty of the owners and operators and also the duty of any agents and employees present on the premises to ensure that the viewing area specified in this Subsection OO(16) remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times and to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to Subsection OO(16)(a) of this section.
[7]
No viewing room may be occupied
by more than one person at any time. No connections or openings to
an adjoining viewing room may be permitted.
[8]
The premises shall be equipped
with overhead lighting fixtures of sufficient intensity to illuminate
every place to which patrons are permitted access at an illumination
of not less than one footcandle as measured at the floor level.
[9]
It shall be the duty of the owners
and operators and it shall also be the duty of any agents and employees
present in the premises to ensure that the illumination described
above is maintained at all times that any patron is present in the
premises.
(b)
A person having a duty under Subsection OO(16)(a)[1] through [9] of this subsection is guilty of a violation of this chapter if he/she knowingly fails to fulfill that duty.
(17)
Visibility. No sexually explicit material, signs,
display or word shall be visible from outside of the building.
(18)
Exemption for modeling class. It is a defense
to prosecution under this section that a person appearing in a state
of nudity did so in a modeling class operated:
(a)
By a proprietary school, licensed by the state
or an academically accredited college or university.
(b)
By a private college or university which maintains
and operates educational programs in which credits are transferable
to a college, junior college or university supported entirely or partly
by taxation.
(c)
In a structure:
[1]
Which has no sign visible from
the exterior of the structure and no other advertising that indicates
a nude person is available for viewing.
[2]
Where, in order to participate
in a class, a student must enroll at least three days in advance of
the class.
[3]
Where no more than one nude model
is on the premises at any one time.
(d)
By an organization which qualifies under Section
501(c)(3) of the United States Internal Revenue Code as a nonprofit
organization or foundation.
(19)
Violation punishable. Any person, partnership
or corporation who or which has violated or permitted the violation
of the provisions of this chapter shall, upon being found liable therefor,
in a civil enforcement proceeding commenced by the City, pay a judgment
of not more than $500, plus all court costs, including reasonable
attorneys' fees incurred by a municipality as a result thereof. No
judgment shall commence or be imposed, levied or payable until the
date of the determination of a violation of the District Justice.
If the defendant neither pays nor timely appeals the judgment, the
City may enforce the judgment pursuant to the applicable rules of
civil procedure. Each day that a violation continues shall constitute
a separate violation, unless a District Justice determines, in addition
to a violation, that there is a good basis for the person, partnership
or corporation violating this section to believe that there was no
such violation, in which case, there shall be deemed to have been
only one such violation until the fifth day following the date of
the determination of a violation by the District Justice, and thereafter
that each day a violation continues shall constitute a separate violation.
Each violation of a section of this chapter shall constitute a separate
violation. All judgments, costs and reasonable attorneys' fees collected
for the violation of this chapter shall be paid to the City Treasurer.
PP.
Solid waste sanitary landfill (not including a solid
waste transfer facility or a waste-to-energy facility).
(1)
All solid waste storage, disposal and incineration
shall be at least 200 feet from the following: a public street right-of-way,
exterior lot line, one-hundred-year floodplain, edge of a surface
water body (including a water-filled quarry) or wetland of more than
two acres in area.
(2)
All areas to be used for the storage, disposal
or incineration of solid waste shall be a minimum of 500 feet from
any residential lot line or publicly owned recreation area or the
banks of any perennial creek or river.
(3)
The use shall be served by a minimum of two
paved access roads, each with a minimum cartway width of 24 feet.
One of these roads may be restricted to use by emergency vehicles.
(4)
Any solid waste that is to be stored for more
than three hours shall be stored in an enclosed structure.
(5)
The operation and day-to-day maintenance of
the solid waste disposal area shall comply with all applicable state
and federal regulations as a condition of the continuance of any permit
of the City. Violations of this condition shall also be considered
to be violations of this chapter.
(6)
Open dumps and open burning of refuse are prohibited.
Incineration of solid waste shall be prohibited unless also approved
as a waste-to-energy facility.
(7)
The applicant shall prove to the satisfaction
of the City Council that the existing street network can handle the
additional truck traffic, especially without bringing extraordinary
numbers of trash hauling trucks through or alongside existing residential
or residentially zoned areas.
(8)
The applicant shall prove to the satisfaction
of the City Council that the use would not routinely create noxious
odors off of the tract.
(9)
A chain link or other approved fence with a
minimum height of eight feet shall surround active solid waste disposal
areas to prevent the scattering of litter and to keep out children.
The Board shall require earth berms, evergreen screening and/or shade
trees as needed shall be used to prevent operations from being visible
from an expressway or arterial streets or dwellings.
(10)
A minimum total lot area of 30 acres (which
may include land in an adjoining municipality) is required.
(11)
Health hazards. Any facility shall be operated
in such a manner to prevent the attraction, harborage or breeding
of insects, rodents or vectors.
(12)
Attendant. An attendant shall be present during
all periods of operation or dumping.
(13)
Gates. Secure gates, fences, earth mounds and/or
dense vegetation shall prevent unauthorized access.
(14)
Emergency access. The operator of the use shall
cooperate fully with local emergency services. This should include
allowing practice exercises on the site and the provisions of all
information needed by the emergency services to determine potential
hazards. Adequate means of emergency access shall be provided.
(16)
Tires. See § 445-35C(9), Outdoor storage and display.
(17)
Litter. The operator shall regularly police
the area of the facility and surrounding streets to collect litter
that may escape from the facility or trucks.
(18)
Dangerous materials. No radioactive, hazardous,
chemotherapeutic or infectious materials or substances may be stored
or processed in any way, except for types and amounts of hazardous
substances customarily kept in a commercial business for on-site use.
"Infectious materials" are defined as medical wastes used or created
in the treatment of persons or animals with seriously contagious diseases.
(19)
The applicant shall provide sufficient information
for the City to determine that the requirements of this chapter will
be met.
(20)
The applicant shall provide the Zoning Officer
with a copy of all written materials and plans that are submitted
to the Pennsylvania DEP within five days after they are submitted
to the DEP.
(21)
For any solid waste facility other than a sanitary
landfill, all loading and unloading of solid waste shall only occur
within an enclosed building and over an impervious surface which drains
into a holding tank that is then adequately treated.
QQ.
Solid waste transfer facility.
(2)
The applicant shall provide evidence of compliance
with all other local laws, state laws and federal laws.
(3)
Traffic. The applicant shall provide evidence
by a professional person or firm competent to perform traffic analysis
showing that the traffic generated by the site will not cause a reduction
in the level of service on the roads used by said transfer facility.
The applicant shall provide copies of the completed traffic analysis
to the Chief of Police, Director of Public Works and the City Engineer
for review and approval. The Chief of Police, Public Works and City
Engineer shall transmit their review, in writing, to the City Council,
the applicant and other known parties of interest prior to the hearing.
(4)
Fencing. All such facilities shall be enclosed
by a chain link fence or wall having a minimum height of eight feet,
which is adequate to screen such uses and the contents thereof from
adjacent property, and such fence or wall shall not detract from the
character of surrounding area.
(5)
The applicant shall provide documentation to the satisfaction of the City Council that the proposed facility shall be in conformance with all performance standards found in Article V of this chapter.
(6)
The applicant shall provide documentation to
the satisfaction of the City Council that the proposed use will be
free from vectors. The applicant shall, if granted a conditional use
permit, provide monthly to the City Health Inspector a statement that
the site is free from vectors.
(7)
The applicant shall provide an erosion and sedimentation
and stormwater control plan prepared by a professional engineer using
accepted engineering principles and implement such plans prior to
the beginning of operations.
(8)
The applicant shall provide documentation to
the satisfaction of the City Council that the proposed facility shall
operate in such a manner as to not create a general nuisance, endanger
the public health, safety and welfare or inhibit the public's use
or enjoyment of their property.
(9)
The applicant shall, if granted a conditional
use permit, allow access at any time to the facility for inspection
by appropriate City officials and provide the City with the name and
phone number of a responsible person(s) to be contacted 24 hours a
day in the event of an inspection.
(10)
All solid waste, including but not limited to
municipal, infectious or hazardous waste (as defined by Title 25,
Chapter 271, of the Pennsylvania Code) shall only be stored or transferred
in a completely enclosed building, in addition to all other conditions
of solid waste transfer facilities.
(11)
Setbacks.
(a)
All such facilities shall be located a minimum
of 800 feet from any residential district or any lot line of an existing
dwelling and a minimum of 150 feet from any commercial district as
shown on the Official Zoning Map, as amended.
(b)
All solid waste storage or disposal shall be
at least 200 feet from the following: a public street right-of-way,
exterior lot line, one-hundred-year floodplain, edge of a surface
water body (including a water-filled quarry) or wetland of more than
two acres in area.
(c)
All areas to be used for the storage or disposal
of solid waste shall be a minimum of 500 feet from any publicly owned
recreation area or the banks of any perennial creek or river.
(12)
All solid waste transfer facilities (as defined
by this chapter) shall be subject to all requirements of Title 25,
Chapter 279, of the Pennsylvania Code (as amended), Transfer Facilities,
regardless of whether a permit pursuant to said requirement is required.
Where no permit is required by the DEP, all references to the DEP
shall be amended to read the "City of Scranton." Where a DEP permit
is required and said regulations provide for information to be provided
to the DEP, a duplicate copy of said information provided to the City
will satisfy these requirements. Where a difference exists between
applicable state regulations and City regulations, it is intended
for the purposes of this section that the more stringent requirements
shall apply.
(13)
All such facilities shall provide a fifty-foot minimum buffer yard along the perimeter of the property line. Said buffer yard shall include natural screening of trees and shrubs adequate to completely visually screen such facilities from neighboring properties and complying with § 445-74. The fencing required by this section shall be located inside the buffer yard. The fencing and buffer area shall be maintained for the life of the proposed facility.
(14)
Under the authority granted to the City under
State Act 101 of 1988,[10] all such uses shall be permitted only between the hours
of 7:00 a.m. to 5:00 p.m. (prevailing local time), Monday through
Friday, 7:00 a.m. to 12:00 noon (prevailing local time) Saturday and
are not permitted to operate on Sundays, Christmas Eve Day, Christmas
Day, New Year's Day, the Fourth of July, Labor Day, Memorial Day or
Thanksgiving Day. All deliveries of solid waste shall be made during
the hours between 7:00 a.m. to 12:00 noon (prevailing local time),
Monday through Friday, and not on Saturdays, Sundays or the above-specified
holidays.
[10]
Editor's Note: See 53 P.S. § 4000.101
et seq.
(15)
Solid waste transfer facilities shall provide
documentation to the satisfaction of the City Council that the proposed
use will be controlled and operated by a municipality, municipal authority,
county or county authority duly incorporated in the state.
(16)
Exempt from the provisions of this chapter are
vehicles containing less than one cubic yard of solid waste and vehicles
parked at a retail store or restaurant for a reasonable amount of
time while the operator makes use of the establishment.
(17)
This section regulating solid waste transfer
facilities is not intended to regulate the City of Scranton, a municipal
corporation, and therefore by this statement the City of Scranton
is exempt from all aspects of this subsection except for the administration
and enforcement of this subsection with respect to others.
(18)
The use shall be served by a minimum of two
paved access roads, each with a minimum cartway width of 24 feet.
One of these roads may be restricted to use by emergency vehicles.
(19)
Open dumps and open burning of refuse are prohibited.
(20)
The applicant shall prove to the satisfaction
of the City Council that the use would not routinely create noxious
odors off of the tract.
(21)
A minimum total lot area of four acres (which
may include land in an adjoining municipality) is required for the
first 250 tons per day of capacity to treat or dispose of waste, plus
one acre for each additional 100 tons per day of capacity. The facility
shall have a maximum total capacity of 750 tons per day.
(22)
Attendant. An attendant shall be present during
all periods of operation or dumping.
(23)
Emergency access. The operator of the use shall
cooperate fully with local emergency services. This should include
allowing practice exercises on the site and the provision of all information
needed by the emergency services to determine potential hazards. Adequate
means of emergency access shall be provided.
(24)
Tires. See § 445-35C(9), Outdoor storage and display.
(25)
Litter. The operator shall regularly police
the area of the facility and surrounding streets to collect litter
that may escape from the facility or trucks.
(26)
Dangerous materials. No radioactive, hazardous,
chemotherapeutic or infectious materials or substances may be stored
or processed in any way, except for types and amounts of hazardous
substances customarily kept in a commercial business for on-site use.
"Infectious materials" are defined as medical wastes used or created
in the treatment of persons or animals with seriously contagious diseases.
(27)
The applicant shall provide sufficient information
for the City to determine that the requirements of this chapter will
be met.
(28)
The applicant shall provide the Zoning Officer
with a copy of all written materials and plans that are submitted
to the Pennsylvania DEP at the same time as they are submitted to
the DEP.
(29)
All loading and unloading of solid waste shall
only occur within over an impervious surface drains to a holding tank
that is then adequately treated.
SS.
Swimming pool, nonhousehold.
(1)
The water surface shall be set back at least
25 feet from any residential lot line.
(2)
Minimum lot area: 20,000 square feet.
(3)
Any water surface within 100 feet of an existing dwelling shall be separated from the dwelling by evergreen screening meeting the requirements of § 445-74.
(4)
The water surface shall be surrounded by a secure,
well-maintained fence at least six feet in height.
(5)
Water service. Any inlet from a central water
system shall be above the overflow level of the pool.
(6)
Nuisances. A pool shall not include illumination
of adjacent residential properties beyond what is customary in a residential
neighborhood. A pool shall also not include the playing of a radio
or recorded music at a volume louder than is necessary for the convenient
hearing of persons at the pool.
TT.
Target range, non-completely indoor and enclosed.
(1)
All target ranges shall have a barrier behind
the target area which is of sufficient height and thickness to adequately
protect the public safety. This barrier shall be made of earth for
an outdoor firearms range.
(2)
An outdoor firearms target range shall comply
with National Rifle Association standards and other applicable federal,
state and local regulations.
(3)
An outdoor firearms target range shall be located
a minimum of 250 feet from a residential lot line.
(4)
An outdoor firearms target range shall be fenced
and be properly posted.
(6)
An indoor firearms target range shall be adequately
ventilated to allow the building to remain completely enclosed.
UU.
Tavern. Any place serving alcoholic beverages as a significant portion of its business that also has a capacity of more than 150 persons for entertainment or dancing shall also meet the standards of a nightclub. See noise standards in Article V.
VV.
Townhouses and low-rise apartments.
(2)
Changes in facade. For every attached grouping
of townhouses, a minimum of two changes in the front wall plane shall
be provided. Such change shall involve a minimum variation or offset
of four feet. This requirement may be met by differing setbacks between
an attached garage and a dwelling or differing setbacks among different
dwellings or differing setbacks along the front of a dwelling or dwellings
set back further than attached private garage structures.
(3)
Buffer yard. An eight-foot-wide buffer yard with screening shall be provided by the developer of the townhouses or low-rise apartments, as described in § 445-74, between any townhouse or low-rise apartment principal buildings and any of the following features that are at least partially within 100 feet of such buildings:
(4)
(5)
Building separation. Each principal building
shall be separated by a minimum of 20 feet from any other principal
building on the same lot.
(6)
See §§ 445-35 and 445-29 for regulations on specific accessory uses. To avoid incompatible structures in a higher density environment, townhouse developers are strongly encouraged to establish deed restrictions or homeowners' association regulations controlling the general types and material of attached decks, fences and accessory structures that may be added or constructed in the future.
(7)
Minimum width of townhouses. Each townhouse
dwelling unit shall have a minimum width of 18 feet, except the minimum
width shall be 24 feet for any townhouse that has two or more off-street
parking spaces located within 20 feet of the front of the townhouse
or has a garage door(s) for two or more motor vehicles facing onto
the front of a townhouse.
(8)
Minimum private area.
(a)
For each townhouse, there shall be a yard, balcony,
patio or other outdoor area other than a driveway immediately adjacent
to the front, back or side of each dwelling of not less than 200 square
feet for the exclusive use of the occupants of that dwelling.
(b)
If townhouses are subdivided into individual
lots, the minimum lot area shall be the building footprint, plus this
200 square feet.
(c)
Design measures shall be used to seek an appropriate
level of privacy in any rear yards. Such measures might include landscaped
screening, compatible fencing or earthen berming. The intent is to
avoid the placement of incompatible fencing by individual lot owners
in the future.
(9)
Architectural renderings. Preliminary architectural
renderings, models or photos are requested for any garden apartment
or townhouse development of more than 25 units.
(10)
Paved area setback. All off-street parking spaces,
except spaces on driveways immediately in front of a carport or garage
entrance, shall be set back a minimum of five feet from any dwelling.
(11)
Utilities. Both public sewage and public water
service shall be provided to each dwelling unit. All utilities within
the development, including cable television, shall be placed underground.
WW.
Treatment center.
(1)
The applicant shall provide a written description
of all types of residents the use is intended to include over the
life of the permit. Any future additions or modifications to this
list shall require approval of the Zoning Hearing Board as a special
exception.
(2)
The applicant shall prove to the satisfaction
of the Zoning Hearing Board, with the burden of proof being upon the
applicant, that the use will involve adequate supervision and security
measures to protect public safety.
(3)
The Zoning Hearing Board may place conditions
on the use as necessary to protect public safety, including conditions
on the types of residents and security measures.
XX.
Veterinarian office (includes animal hospital).
(1)
Minimum lot area: 8,000 square feet.
(2)
Any structure in which animals are treated or
housed shall be a minimum of 50 feet from any residential lot line.
Buildings shall be adequately soundproofed so that sounds generated
within the buildings cannot routinely be perceived within any adjacent
dwellings.
(3)
Outdoor animal runs may be provided for small
animals for use between 8:00 a.m. and 8:00 p.m., provided that the
runs are at least 150 feet from any existing dwelling and provided
that the runs for dogs are separated from each other by visual barriers
a minimum of four feet in height, to minimize dog barking.
(4)
A commercial kennel shall only be an accessory
and not a principal use, unless a kennel is permitted in that district,
and the applicable requirements are met.
(5)
Any outdoor solid waste receptacles (other than
routine trash receptacles for visitors) and all structures housing
animals shall be set back a minimum of 50 feet from any existing dwelling
on an adjacent lot.
YY.
Warehouse or wholesale sales.
(2)
No storage of trash, garbage, refuse, highly
explosive or flammable materials, hazardous or highly toxic substances,
animals, animal carcasses or similar items shall be permitted.
(3)
Uses that would involve the entrance to the
use of an average of more than 200 tractor-trailers per weekday shall
be required to meet the additional standards in this section for a
truck terminal.
(4)
See requirements in § 445-35C(9) for outdoor storage or display.
ZZ.
Waste-to-energy plant.
(1)
As a condition for approval as a conditional
use, the applicant shall prove to the satisfaction of the City Council
that the use will not create any significant hazards to the public
health. Such determination shall be based upon any reviews provided
by the Planning Commission, the City Engineer, other City staff persons
and any professional studies provided to the City Council. The burden
of proof for such determination shall be upon the applicant. Such
assessment of health risks shall consider the ambient health and the
environmental conditions in the community, to fully reflect the aggregated
or synergistic effects of the proposed project.
(2)
The applicant shall be required to provide an
escrow account of a minimum of $25,000 that may be used by the City
only to fund professional review(s) of the applicant's proposal by
environmental health professionals. Any funds not utilized for such
purpose shall be returned to the applicant.
(3)
The applicant shall provide evidence that the
use will not generate significant hazards or significant nuisances
to the public. Such evidence shall be based upon the operating characteristics
of the most similar uses that are actually in operation in the United
States and/or Canada, including actual data or a professional summary
of such data over a minimum two-year period on emissions into the
air and any emissions into the water and/or the ground.
(4)
All buildings and any smokestack of such use
shall not be located within 250 feet of a lot line of an existing
primarily residential use or within 1,000 feet of a lot line of a
hospital or nursing home within the City or within any adjacent municipality.
(5)
Traffic.
(a)
The applicant shall describe in detail the proposed
method of transportation of materials to the site.
(b)
The use shall not be approved if the City Council
determines that the majority of materials would need to be brought
to the use using tractor-trailer trucks mainly using streets that
primarily abut existing residences within residential zoning districts
in such a manner that significant noxious noise and soot nuisances
would be created to these residential areas within the City or in
adjoining municipalities.
(c)
The applicant's description of transportation
methods may consider road improvements that will be fully funded by
the applicant or that are scheduled for completion in PennDOT's Official
Twelve-Year Plan prior to the intended initiation of operations of
the use.
(6)
The applicant shall provide a detailed description
of the types of materials intended to be processed and/or incinerated
on the site.
(7)
The applicant is requested to provide a preliminary
architectural rendering of the exterior of the proposed building as
visible from at least one public street. Such rendering shall not
be binding upon the applicant and shall not be a basis for a conditional
use decision.
(8)
The applicant shall provide a detailed description
of proposed methods to monitor hazards and emissions from the facility.
(9)
The applicant shall provide a description of
the proposed processes and operations of the use and methods of controlling
hazards and nuisances in sufficient detail for the City Council and
any environmental health consultants to determine potential hazards
and nuisances from the use. Such description shall also include any
backup safety mechanisms, in case the primary systems of control fail.
(11)
Lot area. A waste-to-energy plant (as defined by Article II of this chapter) shall include a minimum lot area of 30 contiguous acres for up to 500 tons of total daily incineration capacity, plus five additional contiguous acres for each additional 200 tons of total daily incineration capacity. For example, a total daily incineration capacity of 700 tons would require a minimum contiguous lot area of 35 acres. Such capacity shall apply to the total of all materials and substances intended to be incinerated, burned and/or otherwise converted to energy, whichever is more inclusive.
(12)
All buildings shall be set back a minimum of
80 feet from all exterior lot lines, except for where greater distances
are provided by other sections of this chapter.
(13)
If the use would involve groundwater usage or
withdrawals from surface waters other than that obtained through the
public water system, the applicant shall provide a detailed analysis
of the water quantity and quality impacts of such use.
(14)
The operation and day-to-day maintenance of
the use shall comply with all applicable state and federal regulations
as a condition of the continuance of any permit of the City. Violations
of this condition shall also be considered to be violations of this
chapter.
(15)
The applicant shall provide the Zoning Officer
with a copy of all written materials and plans that are submitted
to Pennsylvania DEP and the United States Environmental Protection
Agency or their successor agencies at the same time as they are submitted
to such agencies.
(16)
Attendant. An attendant shall be present during
all periods of operation or dumping.
(17)
Gates. Secure gates, fences, earth mounds and/or
dense vegetation shall prevent unauthorized access.
(18)
Emergency services.
(a)
The operator of the use shall cooperate fully
with local emergency services. This should include allowing practice
exercises on the site and the provision of all information needed
by the emergency services to determine potential hazards.
(b)
Adequate means of emergency vehicle access shall
be provided.
(c)
The applicant shall provide evidence that there
will be sufficient water pressure and water supplies available for
fire fighting on the site.
(19)
The City Council may place such reasonable conditions
on the use as are necessary to ensure that the public health and safety
are protected and to address the concerns stated in this section.
(20)
Operators. The applicant shall state the proposed
minimum qualifications and/or professional certifications of persons
intended to be in charge of and on-site during the use's operations
during the different shifts.
(21)
Insurance. The applicant shall state the minimum
amount of liability insurance intended to be held by the owner of
the use during its operations.
A.
General. Accessory buildings, structures or uses that
are clearly customary and incidental to a permitted by right, special
exception or conditional use are permitted by right, except as is
provided for in this chapter.
B.
Accessory setbacks.
(1)
The accessory setback requirements of the applicable district shall apply to every accessory building, structure or use unless a standard that is clearly meant to be more restrictive or less restrictive is specifically stated in this Article for a particular accessory use. See the list of essential services in § 445-29.
(2)
No accessory structure, use or building shall be permitted
in a required front yard in any district, unless specifically permitted
by this chapter.
(3)
Any portions of a building (such as a garage) that
is structurally attached to a principal building shall be considered
part of the principal building for the purposes of determining setbacks.
C.
Additional standards. Each accessory use shall comply
with all of the following standards listed for that use:
(1)
Antenna (other than commercial communications antennae).
(a)
Height. No antenna in a residential district,
including its supporting structure, shall have a total height above
the average surrounding ground level of greater than 75 feet.
(2)
Composting.
(a)
Composting shall be limited to the composting
of biodegradable vegetative material, including grass clippings, trees,
shrubs, leaves and vegetable waste. The composting shall not include
animal wastes or fats.
(b)
Composting shall be conducted in such a way
that a fire, rodent or disease-carrying insect hazard are not created,
nor noxious odors perceptible from neighboring properties.
(3)
Day-care center as accessory use to a residential
use.
(a)
The following shall be the maximum number of
children under age 15 that may be cared for in any dwelling unit:
(b)
The dwelling shall retain a residential appearance
with no change to the exterior of the dwelling to accommodate the
use, other than cosmetic improvements.
(d)
The use shall be actively operated by a permanent
resident of the dwelling.
(e)
If four to six children who are not related
to a permanent resident of the dwelling are cared for, then the following
requirements shall be met:
[1]
Smoke detectors shall be provided throughout
the building, an ABC-rated fire extinguisher shall be provided and
exit lights shall be provided at outdoor exits and at least one exit
window shall be provided with an opening within six feet of the adjacent
exterior grade level.
[2]
A minimum of 100 square feet of safe fenced-in
exterior play area shall be available, with play areas outside of
the front yard separated from any abutting single-family detached
dwellings by evergreen screening.
(4)
Drive-through use. Any vehicle drive-through window(s)
and waiting lanes shall be located and have capacity for sufficient
numbers of vehicles to ensure that traffic conflicts and hazards are
avoided within the site and along the streets and highways adjoining
the use.
(5)
Fences and walls.
(a)
Fences, walls and hedges are permitted by right
in all districts. Any fence or wall shall be durably constructed and
well-maintained. Fences that have deteriorated shall be replaced or
removed. A building permit is required for all fences and walls (other
than seasonal temporary snow fences and temporary fences around active
construction sites, with a maximum height of nine feet in a residential
district).
(b)
Sight distance, stormwater and easements. No fence, wall or hedge shall obstruct the sight distance requirements of § 445-74C, nor obstruct safe sight distance within an alley. No fence or wall shall obstruct the flow of stormwater, except as part of a City-approved stormwater system. No fence, wall or continuous hedge shall be constructed within an easement in such a way that it would prevent use of the easement for its intended purpose.
(c)
Setbacks. No fence or wall shall be built within the existing right-of-way of a street. A fence or wall may be constructed on a lot line, but shall not be located within an existing street right-of-way or within a required buffer yard or planting strip required by §§ 445-74 and 445-75 of this chapter.
(d)
Fences.
[1]
Front yard. Any fence of a dwelling in the required
front yard of a lot in a residential district shall have a minimum
ratio of one to one (1:1) of open to structural areas and shall not
exceed four feet in height.
[2]
A fence shall not be required to comply with
minimum setbacks for accessory structures.
[3]
Height. A fence located in a residential district
in a location other than a required front yard shall have a maximum
height of six and one-half (6 1/2) feet, except:
[a]
A maximum of height of 10 feet
is permitted to enclose a tennis or racquet sport court or a nonhousehold
swimming pool or an electric substation, provided that such fence
is set back a minimum of 10 feet from all lot lines;
[b]
If an applicant clearly proves,
in writing, to the satisfaction of the Zoning Officer that a higher
fence is needed to protect public safety around a specific hazard;
or
[c]
A maximum height of eight feet
is permitted for fences located outside of the front yard and located
a minimum of 10 feet from a lot line, such as fences enclosing a patio.
[4]
Fence materials. No fence shall be constructed
out of fabric, junk, junk vehicles, sheet metal, appliances, tanks
or barrels.
(e)
Walls.
[1]
Engineered retaining walls necessary to hold
back slopes are exempted from setback regulations and the regulations
of this section and are permitted by right as needed in all districts.
[2]
A wall shall have a maximum height of three
feet within the required front yard or a required accessory structure
setback in a residential district, except as permitted as a backing
for a permitted sign at an entrance to a development.
[3]
Walls that are attached to a building shall
be regulated as a part of that building.
(6)
Garage sale.
(a)
See definition in Article II. A garage sale shall not include wholesale sales, nor sales of new merchandise of a type typically found in retail stores. The use shall be clearly accessory to the principal use.
(b)
No garage sales shall be held on a lot during
more than a total of four days in any three consecutive months.
(7)
Heliport as an accessory use.
(a)
The applicant shall prove compliance with applicable
federal and state regulations.
(b)
The applicant shall prove to the satisfaction
of the Zoning Hearing Board or the City Council, as applicable, that
nearby aerial hazards will be well-marked.
(c)
The landing pad shall be a minimum of 200 feet
from any existing dwelling.
(8)
Home occupation (see definitions in Article II).
(a)
The following standards shall apply to both
light and general home occupations:
[1]
The burden of proof shall be upon the applicant
to prove that the standards of this section will be met, especially
regarding possible nuisances and truck traffic. Based upon the potential
nuisances of a proposed home occupation, the Zoning Hearing Board
may determine that a particular type or intensity of use is unsuitable
to be a home occupation or that the proposed lot area or setbacks
are not sufficient.
[2]
The home occupation shall be conducted completely
indoors and may be within a principal or accessory residential building.
The total amount of floor area of all buildings used for a home occupation
shall not be greater than 25% of the total floor area of the principal
dwelling unit.
[3]
There shall be no outdoor operations or outdoor
storage of materials, products or equipment.
[4]
Signs and displays. There shall be no use of
show windows, business display or advertising visible from outside
the premises, except as is specifically permitted for a general home
occupation.
[5]
Truck traffic. The use shall not require the
parking or servicing by a vehicle with more than 26,000 pounds registered
gross vehicle weight, except for deliveries a maximum of two times
per day. The use shall not involve the parking of more than two trucks
of any type on the lot or on adjacent streets at any period of time.
The use shall not need servicing by, deliveries by or parking of tractor-trailer
trucks.
[6]
Uses permitted as a home occupation include
but are not limited to art studio, office, custom sewing, tax preparation
or musical instruction.
[7]
The following uses shall not be permitted as
a home occupation: veterinarian office, stable, kennel, funeral parlor,
retail store, restaurant, auto repair or trucking company terminal.
[8]
Nuisances. No machinery or equipment shall be
permitted that produces noise, noxious odor, vibration, glare, electrical
interference or radio or electromagnetic interference beyond the boundary
of the property. Only general types and sizes of machinery that are
typically found in dwellings for hobby or domestic purposes shall
be permitted. No use shall generate noise or glare in excess of what
is typical in a residential neighborhood.
[9]
The use shall also comply with all environmental and nuisance control regulations of this chapter, including Article V.
[10]
Parking and loading.
[a]
If a home occupation can reasonably
be expected to routinely involve visitation of the site by customers
or patrons, then a minimum of one off-street parking space shall be
provided in addition to a minimum of one off-street parking space
for the dwelling.
[b]
The applicant shall prove to the
satisfaction of the Zoning Hearing Board in the case of a general
home occupation that the use will include adequate off-street parking
and loading spaces.
[c]
The Board may regulate the location
of needed off-street parking to maintain a residential character and
may deny a general home occupation if adequate off-street parking
cannot be accommodated without substantially harming the residential
character of the lot.
[11]
Building appearance. The exterior
of the building and the lot shall not be changed in such a way as
to decrease its residential appearance, except for permitted parking
spaces and the permitted sign.
[12]
Hours. A home occupation shall
not be conducted in a way that is perceptible from beyond the lot
line between the hours of 8:00 p.m. and 8:00 a.m. This time limit
shall also apply to any loading or unloading of vehicles on the property
or on a street that causes noise to adjoining residents.
[13]
Hazardous substances. The use
shall not involve the storage or use of hazardous, flammable or explosive
substances, other than types and amounts commonly found in a dwelling.
The use shall not involve the use or storage of toxic substances.
[14]
Advertising. The address and business
hours of the home occupation shall not be advertised in such a way
that would encourage customers or salespersons to come to the property
without an appointment.
[15]
Law or medical office. The main
office of a medical doctor, chiropractor, dentist or attorney shall
only be allowed as a home occupation if the property abuts an arterial
street and has a minimum lot area of 10,000 square feet.
(b)
General home occupation. In addition to the standards in Subsection C(8)(a) above, the following shall apply to a general home occupation:
[1]
Only the following sign shall be permitted:
one nonilluminated sign with a maximum sign area of two square feet
on each of two sides, with a maximum height of eight feet. Such sign
shall not be located within the existing right-of-way of a street,
unless it is attached to a mailbox.
[2]
Number of employees. A total maximum of one
person shall work on the premises who is not a permanent resident
of the dwelling, except a barber- or beauty shop may not include any
nonresident employees.
[3]
Instruction. Any instruction or tutoring shall
be limited to a maximum of three students on the property at any one
time and six students on the property on any day.
[4]
Barber/beautician. Any barber, beautician, hair
stylist or similar personal service use shall only be permitted as
a home occupation if a total of only one person works on the premises,
who must be a permanent resident of the dwelling.
[5]
If the home occupation involves nonmechanical
work on a vehicle(s), such vehicle(s) shall not be parked on the lot
or on abutting streets overnight.
[6]
Traffic. The use shall not routinely involve
the arrival at the property for business purposes of more than 10
vehicles per day or the parking of more than four vehicles of nonresidents
at any one time.
(c)
Home occupation, light. In addition to the standards
in Subsection (C)(8)(a) above, the following standards shall apply
to a light home occupation:
[1]
Traffic. The use shall not routinely involve
the arrival at the property for business purposes of more than four
vehicles per day. The use shall not require a need for parking beyond
what is typically provided for a dwelling.
[2]
Only persons who are permanent residents of
the dwelling shall work on the premises.
[3]
No sign shall identify the business.
(9)
Outdoor storage and display. Commercial or industrial
as a principal or accessory use:
(b)
No such storage or display shall occur on areas
with a slope in excess of 25% or within the one-hundred-year floodway.
(c)
Tires. If more than 250 tires are stored on
a lot, each stack shall be a maximum of 20 feet high and cover a maximum
of 400 square feet. Each stack shall be separated from other stacks
by a minimum of 75 feet. A maximum of 5,000 tires may be stored on
a lot out of doors, unless the applicant proves to the satisfaction
of the City Council as a conditional use that there will be adequate
measures to protect the public health and safety. Where tire storage
is also regulated by the Pennsylvania DEP, whichever specific City
or state regulations that are more restrictive upon the applicant
shall apply.
(10)
Pets, keeping of. (NOTE: This does not apply to the raising of livestock, which is regulated by § 445-34.)
(a)
This is a permitted by right accessory use in
all districts.
(b)
Types. Only those animals that are domesticated
and are compatible with a residential character shall be permitted
as the keeping of pets. Examples of permitted pets include dogs, cats,
rabbits, lizards, turtles, gerbils and fish, but do not include bears,
wolves, wolf-dog hybrids, goats, cows, venomous snakes that would
be poisonous to humans, pigs (other than miniature breeds) or sheep.
(c)
Nuisances. No use shall involve the keeping
of animals or fowl in such a manner or of such types of animals that
it creates a serious nuisance (including noise or odor), a health
hazard or a public safety hazard.
[1]
The person with the duty of care of the animals
shall be responsible for collecting and properly disposing of all
fecal matter from pets.
[2]
No animal that is dangerous to humans shall
be allowed outdoors in a residential district, except within a secure
caged or fenced area or on a leash under full control of the owner.
(d)
Cats and dogs.
[1]
On a residential lot of fewer than one acre,
the total number of dogs and cats over three months in age shall be
a combined maximum of six. On any other lot, the total number of dogs
and cats over three months of age shall be a combined maximum of 12.
[2]
Keeping of more than the specified number of
cats or dogs shall be considered a kennel.
(e)
No numerical restriction shall apply to animals
of fewer than three months age, although commercial breeding shall
only be permitted as a general home occupation or as a kennel.
(f)
Fowl. A maximum total of two pigeons, chickens,
ducks, geese and similar fowl shall be kept on lots of fewer than
20,000 square feet. Such animals shall be kept on the property of
the applicant. Additional numbers of pigeons may be permitted if the
applicant proves compliance with the State Carrier Pigeon Act.[2] If there is more than two such fowl on a lot, they shall
be kept a minimum of 50 feet from any dwelling other than that of
the owner of the animals. Any commercial keeping of such fowl shall
require approval as a raising of livestock use.
[2]
Editor's Note: See 53 P.S. § 3951
et seq.
(g)
Horses. A maximum of two horses may be kept
if the lot has a minimum area of two acres or more, but fewer than
five acres. The keeping of up to five horses is permitted on a lot
of five acres or more. Any horse barn, corral, manure storage area
or stable shall be a minimum of 150 feet from any residential lot
line. Keeping of more than the specified number of horses shall be
considered a stable.
(h)
Bees. Any area intentionally used for the outdoor
keeping of bees shall be set back a minimum of 150 feet from all lot
lines. Such area shall be well-marked.
(11)
Recreational vehicle storage of one or two.
(a)
A maximum of two uninhabited recreational vehicles in transportable condition may be stored or parked on a lot outside of an enclosed building. A recreation vehicle shall not block required sight distance (see § 445-74) or a public sidewalk.
(b)
Any recreational vehicle or trailer that is
required to be registered or licensed under state law to be operated
and is not registered or licensed shall be kept out of view from any
public street or abutting dwelling.
(c)
A maximum total of one recreational vehicle
may be inhabited as a temporary accessory residence to a single-family
detached dwelling for a maximum period of seven days. Such use shall
occur only once per lot in a calendar year.
(12)
(13)
Satellite antennas.
(a)
Purpose. The purposes shall be to provide for
reception of satellite communications, while assuring that such uses
will not detract from the character of any area or adversely affect
property values and to recognize that the solidness and visibility
of satellite antennas can create a very strong visual impact on a
neighborhood compared to most other noncommercial antenna.
(b)
Satellite antenna shall be a permitted by right
accessory use in all districts for all uses, subject to the restrictions
in this subsection.
(c)
The following regulations on satellite antennae
shall apply only for residential uses in a residential district:
[1]
A satellite antenna shall not be located within
the required front yard.
[2]
Any satellite antenna placed on a roof shall
have a maximum diameter of four feet.
[3]
A maximum of one satellite antenna shall be
permitted per lot.
[4]
A satellite antenna shall have a maximum diameter
of nine feet if visible from a public street or a dwelling.
[5]
A ground-mounted satellite antenna shall have
a maximum height of 15 feet above the average ground level if visible
from a public street or a dwelling.
[6]
Any satellite antenna that is ground mounted
and visible from a public street shall be screened by appropriate
evergreen plantings with a minimum height of three feet between the
antenna and any public street, unless the applicant proves to the
satisfaction of the Zoning Officer that screening in such a location
would make it impossible to receive the electronic signals.
[7]
No satellite antenna under this section shall
be used for the transmission of commercial electronic signals.
(d)
A satellite antenna shall comply with the accessory
setback requirements of the applicable district. Satellite antennae
in a nonresidential district shall not be subject to the maximum height
restrictions of the district regulations.
(14)
Swimming pool, household (referred hereafter
as "pool").
(a)
The pool shall not involve any commercial use.
(b)
Enclosure around in-ground pools. A new or existing
in-ground pool shall be completely surrounded by a secure fence, wall,
portion of a building and/or similar enclosure not less than four
feet in height. This enclosure shall be constructed to make it very
difficult for small children to climb up or slip through the enclosure.
All gates or door openings through such enclosure (other than a door
to a building) shall be self-closing and include a self-latching device
on the pool side for keeping the gate or door securely closed at times
when not in use.
(c)
Enclosure around aboveground pool. Any existing
or new aboveground pool shall include a secure fence, wall or other
enclosure a minimum of four feet high above the surrounding average
ground level. This enclosure may include the walls of the pool itself.
Such pools shall be equipped with an access ladder that can be raised
and locked in a position so that it is a minimum of four feet above
the surrounding ground level or otherwise completely inaccessible
to children when the pool is unattended.
(d)
Location.
[1]
Any deck or shelter that is elevated above the
average surrounding ground level shall meet the applicable setback
requirement for an accessory building.
[2]
Patios around pools that are level with the
average surrounding ground level are not required to meet setbacks.
[3]
Where practical, a pool shall be located to
the rear of a dwelling. A pool is not permitted within a required
front yard.
[4]
The structural walls of a pool shall be set
back a minimum of eight feet from the lot line of an abutting dwelling.
(e)
The City does not assume responsibility for
guaranteeing to the public that all new and existing pools fully comply
with these provisions.
(f)
Water service. Any inlet from a public water
system shall be above the overflow level of the pool.
(15)
Unit for care of relative.
(b)
This use shall be restricted to a relative (as defined by Article II) of a permanent resident of the principal dwelling unit on the property. A maximum of two persons may inhabit such unit.
(c)
Such relative shall need care and supervision
because of old age, disability, handicap or illness.
(d)
Such unit shall be designed and installed in
such a way that it can easily be reconverted into part of the principal
dwelling unit after such relative no longer lives within it. Once
such unit is no longer occupied by such relative, the dwelling shall
be reconverted into part of the principal dwelling unit or be completely
removed within 180 days.
(e)
Such unit shall require a permit, which shall
be renewed every two years. The occupants of the principal dwelling
unit shall every two years report the name and relationship of such
occupant to the Zoning Officer.
(f)
Once a unit under this section is required to
be removed, there shall be no physical evidence visible from the exterior
to the lot lines that such apartment existed, other than possibly
the expanded size of the dwelling.
(g)
Such unit shall not decrease the single-family
residential exterior appearance of a dwelling.
(h)
Such unit shall not have its own exterior separate
entrances. The unit shall maintain at least one interior connection
to the principal dwelling unit. The unit shall not have its own electric
or water meter.
(i)
Such unit shall be connected to or within the
principal dwelling unit.
