Borough of Bristol, PA ZONING DISTRICTS AND USE REGULATIONS

(7S) Temporary Structure or Use.

(7T) Vending Machines.

(7V) Non-Household Swimming Pool.

(7M) Outdoor Eating Accessory to Food Service.

[Added by Ord. No. 1341, 7/13/2020]

Special Exception Uses. Each of the following uses may be permitted in the TC District as authorized by the Zoning Hearing Board in accordance with the standards contained in § 27-804, Subsection 6B, of this chapter. The number/letter combination in parenthesis preceding each use identifies the use, a description and regulations for which are located in § 27-320, "Use Regulations," of this chapter.

(1J) Bed and Breakfast.

(2B) Commercial School.

(4N) Health Club.

(4Q) Laundromat.

(4X) Private Recreation Facility.

(4Z) Restaurant, Food Take-Out.

(5D) Parking Garage or Area.

(7M) Outdoor Eating Accessory to Food Service.

Conditional Uses. Each of the following uses may be permitted in the TC District as authorized by Council in accordance with the standards contained in § 27-805 of this chapter. The number/letter combination in parenthesis preceding each use identifies the use, a description and regulations for which are located in § 27-320, "Use Regulations," of this chapter.

(4R) Marina.

(4BB2) Retail center.

(5E) Transit Station.

(5F) Utilities.

Lot Area, Width, Building Coverage and Height Regulations. Each of the following dimensional requirements shall apply to each use in the TC District, except as specifically provided for in this chapter:

Principal Use	Minimum Lot Area¹ (square feet)	Minimum Lot Width² (feet)	Maximum Building Coverage (%)	Maximum Impervious Surface Ratio (%)	Maximum Building Height (feet)
All Uses	2,000	None	80	90	45

NOTES:
¹	Per dwelling unit for residential uses.
²	Measured at the minimum front yard listed in Subsection 6 for the particular use.

Minimum Yard Requirements. Each of the following minimum yard requirements shall apply to each use in the TC District, except as specifically provided for in this chapter:

	Principal Use	Front Yard¹ (feet)	Side Yard (feet)	Rear Yard (feet)
	All Uses	None	None	None

	NOTES:
	¹	The depth at which the minimum lot width shall be measured.

Design Guidelines. The following design standards are applicable for all new developments and additions/alterations along the street frontage. These design guidelines may be modified by Borough Council to take into account the variety of buildings in the TC District and to allow flexibility.

Building Design Standards.

The maximum building footprint of nonresidential buildings shall not exceed 10,000 square feet.

New infill development should be consistent with the scale and composition of existing historical structures and compatible with the traditional architectural styles present in the TC District.

For infill development, the front wall of the structure (building facade) shall be placed along the sidewalk. If adjacent structures are set back from the sidewalk, the setback of the infill building shall match either of the existing adjacent setbacks.

Cornices or columns that have been reclad should be returned to their original material where possible.

Building Orientation and Entrances.

The front facade of buildings shall be oriented toward Mill Street and/or Radcliffe Street, with public entrance in this front facade.

When buildings are located on corners, the entrance shall be located on the corner with an appropriate building articulation, such as a chamfered corner, turret, canopy, or other similar building feature.

Building entrances shall incorporate elements such as porches, alcoves, porticos, awnings, or any combination of the foregoing that protect pedestrians from the rain and wind.

Fixed or retractable awnings are permitted at ground floor level located at the building transom, if they complement a building's architectural features, do not impair facade composition, and are designed or added as an integral part of the facade. Metal or internally lit awnings are prohibited. The lowest point of any awning shall be a minimum of eight feet from the highest point of the finished grade of the sidewalk, driveway or walkway. Awnings shall extend from the facade wall and may encroach within the right-of-way, but shall not extend past the curb line. Awnings attached to a single building shall be consistent in height and in design. Where striped awnings are used, each stripe shall have a minimum width of six inches.

Walls and Windows.

Blank walls shall not be permitted along any exterior wall facing a street, parking area, or walking area. Walls or portions of walls where windows are not provided shall have architectural treatments that are similar to the front facade, including materials, colors, and details. At least four of the following architectural treatments shall be provided:

Masonry (but not flat concrete block).

Concrete or masonry plinth at the base of the wall.

Belt courses of a different texture or color.

Projecting cornice.

Projecting canopy.

Decorative tilework.

Trellis containing planting.

Medallions.

Opaque or translucent glass.

Artwork.

Vertical/horizontal articulation.

12)

Lighting fixtures.

13)

An architectural element not listed above, as approved by Council, that meets the intent of this section.

Windows.

The ground floor front facades of buildings visible from the pedestrian view shall consist of a minimum of 60% window area and a maximum of 75%, with views provided through these windows into the business. The base of the ground floor windows shall be a minimum of 12 inches and a maximum of 20 inches above the sidewalk.

Upper story windows of front facades shall not be boarded or covered and shall comprise a minimum of 35% window area in the facade above the ground floor and a maximum of 75%.

Smoked, reflective, or black tinted glass in windows is prohibited. Exterior window bars shall not be permitted.

Transom windows should not be covered.

Roofs shall be in keeping with the character of adjacent buildings or shall have pitched roofs. Pitched roofs shall have a minimum slope of 4:12 and a maximum slope of 12:12.

Architectural Rhythm.

New infill development shall retain the historic architectural rhythm of building openings (including windows and entries) of the same block.

New infill development shall attempt to maintain the horizontal rhythm of Mill Street facades by using a similar alignment of windows, floor spacing, cornices, awnings as well as other elements. This rhythm shall be achieved by aligning the top, middle, and base floors. Buildings shall have a distinct base at ground level using articulation or materials such as stone, masonry, or decorative concrete. The top level should be treated with a distinct outline with elements such as projecting parapet, cornice, or other projection.

Massing.

Buildings shall be similar in height and size or articulated into massing that is more or less proportional to adjacent structures and maintains the existing architectural rhythm.

The massing of any facade should generally not exceed 50 feet maximum (horizontal dimension). Shop fronts may be broken down even further. Massing variations every 30 feet or less is preferred.

Nonresidential buildings must have at least a three- to five-foot break in depth in all street facades for every 50 feet of continuous facade. Such breaks may be met through the use of bay windows, porches, porticos, building extensions, towers, recessed doorways, and other architectural treatments.

Pedestrian Design Standards.

Sidewalks are required along all street frontages with a minimum width of eight feet. Where a temporary outdoor dining area is intended as an accessory use to small commercial buildings, such dining area shall be located within sidewalk areas that are eight feet in width or greater.

Sidewalks are required to connect the street frontage to all front building entrances, parking areas, central open space, and any other destination that generates pedestrian traffic. Sidewalks shall connect to existing sidewalks on abutting tracts and other nearby pedestrian destination points and transit stops.

The sidewalk pattern shall continue across driveways.

Bicycle racks and other bicycle-friendly facilities may be provided throughout the TC District. Such bicycle/moped spaces shall be provided with a metal anchor that will secure the frame in conjunction with a user-supplied lock.

Streetscape Standards.

Street Trees.

Street trees shall be planted in a manner consistent with the type and arrangement (such as planting distances between trees) of existing street trees located along Mill Street within the TC District.

At the discretion of Borough Council, street trees may be planted at greater or shorter intervals from each other and street tree types may be selected from the listing of trees suitable for urban street plantings in Appendix 27-A of this chapter. If there are overhead utility wires, only trees from the small tree list in Appendix 27-A should be provided. At the discretion of Borough Council, other trees may be substituted for trees on the list in Appendix 27-A, provided they are determined to be appropriate for the intended location.

Trees shall be planted in tree wells having dimensions of four feet long by four feet wide by 3.5 feet deep below the ground surface and containing fertile soil suitable for enhanced growth and survivability. Larger wells are recommended and could be connected together as a continuous planting pit. Tree wells shall be covered with tree grates, concrete unit pavers and/or cobbles. A two- by two-foot opening or two-foot diameter should be left for the tree trunk. Underground utilities may be located in the planting strip, but should not be located within any tree well or continuous tree pit.

Street furniture, such as public benches, tables, and waste receptacles shall be included in design layout to encourage pedestrian traffic. Benches and waste containers shall be provided at a minimum of one per every 100 feet along pedestrian walkways, sidewalks or street frontages.

The incorporation of beautifying elements such as hanging flower baskets, street planters, and window boxes is strongly encouraged to be incorporated into the design of facade appearance. Such elements shall not obstruct sight triangles, and shall not encroach into the sidewalk so that less than five feet of passageway is available for pedestrians. Hanging baskets, planters, and window boxes shall contain live plantings.

Screening.

All wall-mounted mechanical, electrical, communication, and service equipment, including satellite dishes and vent pipes shall be screened from public view by parapets, walls, fences, landscaping, or other approved means.

All rooftop mechanical equipment and other appurtenances shall be concealed by or integrated within the roof form or screened from view at ground level or nearby streets. The following, when above the roofline, requires screening: stair wells, elevator shafts, air conditioning units, large vents, heat pumps and mechanical equipment.

Parking lots visible from a street shall be screened by a three-foot high wall/fence or plantings. Parking lots adjacent to a residential use, excluding Use 1G Dwelling in Combination with a Business and Use 1J Bed and Breakfast, shall be screened by a six-foot high wall/fence or plantings, unless such wall/fence is located within the required front yard, in which case such wall or fence shall be four feet in height. The required screening, consisting of a wall/fence or plantings, shall be located within a five-foot wide planting area. The plant material species, quantity, and arrangement shall be based upon the discretion of the Borough Engineer. Screening shall include:

Hedges, installed at 36 inches in height (to accommodate required three-foot screen for lots visible from a street).

Mixed planting (trees and shrubs).

Walls sections, with no wall break of more than nine feet, and landscaping to provide a continuous screen.

Service and loading areas must be visually screened from street and pedestrian ways. For new construction, service and loading areas must be behind the building. Loading docks shall be to the side and/or rear of buildings.

Exterior Lighting. All exterior lighting shall be designed to prevent glare onto adjacent properties. Pedestrian pathways need to be clearly marked and well lit. Lighting should be sufficient for security and identification without allowing light to trespass onto adjacent sites. The height of fixtures shall be a maximum of 20 feet for parking lots and 14 feet for pedestrian walkways.

Refuse Areas. The storage of refuse shall be provided inside the building(s) or within an outdoor area enclosed by either walls or opaque fencing. Any refuse area outside of the building shall be designed to be architecturally compatible with the building(s), shall not be located in the front of the building, and shall be entirely screened by a fence or enclosure which is at least six feet high. Appropriate containers shall be provided so refuse does not blow around or get torn up by animals and litter the street.

§ 27-310 NC Neighborhood Commercial District.

[Ord. 1263, 8/10/2009; as amended by Ord. 1294, 5/13/2013]

Purpose. The purposes of the NC District are to provide areas with adequate parking and loading facilities, internal traffic circulation and safe ingress and egress to the public street system for commercial and business uses that are compatible with the existing uses in the area.

Uses Permitted by Right. Each of the following uses are permitted by right in the NC District, provided that the use, dimensional and all other applicable requirements of this chapter are satisfied. The number/letter combination in parenthesis preceding each use identifies the use, a description and regulations for which are located in § 27-320, "Use Regulations," of this chapter.

(2Q) Public Park/Recreation Facility.

(3B) Medical office.

(3D) Office.

(4O) Bank.

(4L) Forestry/Timber Harvesting.

(4W) Personal Service.

(4AA) Restaurant, Standard.

(4BB.1) General Merchandise Store.

(4BB.3) Retail Store.

(6M) Repair Shop.

(7A) Arcade, Accessory.

(7B) Bus Shelter.

(7C) Day Care Center accessory to Office.

(7G) Home Occupation.

(7H) Keeping of Animals.

(7I) Microwave or Satellite Dish.

(7J) No-Impact Home-Based Business.

(7N) Outdoor Storage or Display.

(7Q) Retail Space within Office Buildings.

(7R) Solar Energy System.

(7S) Temporary Structure or Use.

(7T) Vending Machines.

(7V) Non-household Swimming Pool.

(7M) Outdoor Eating Accessory to Food Service.

[Added by Ord. No. 1341, 7/13/2020]

Special Exception Uses. Each of the following uses may be permitted in the NC District as authorized by the Zoning Hearing Board in accordance with the standards contained in § 27-804, Subsection 6B, of this chapter. The number/letter combination in parenthesis preceding each use identifies the use, a description and regulations for which are located in § 27-320, "Use Regulations," of this chapter.

(1A) Single-Family Detached Dwelling.

(1D) Semi-Detached Dwelling (Twin).

(1E) Two-Family Dwelling (Duplex).

(1J) Bed and Breakfast.

(2D) Day Care Center.

(2F) Group Home for Non-Handicapped Individuals.

(2J) Membership Club.

(2O) Place of Worship.

(4N) Health Club.

(4Q) Laundromat.

(4GG) Banquet Hall.

(4HH) Catering Facility.

(7F) Flea Market.

(7M) Outdoor Eating Accessory to Food Service.

Conditional Uses. Each of the following uses may be permitted in the NC District as authorized by Borough Council in accordance with the standards contained in § 27-805 of this chapter. The number/letter combination in parenthesis preceding each use identifies the use, a description and regulations for which are located in § 27-320, "Use Regulations," of this chapter.

(2B) Commercial School.

(2C) Community Center.

(5B) Emergency Services.

(5F) Utilities.

Lot Area, Width, Building Coverage and Height Regulations. Each of the following dimensional requirements shall apply to each use in the NC District, except as specifically provided for in this chapter:

Principal Use	Minimum Lot Area¹ (square feet)	Minimum Lot Width² (feet)	Maximum Building Coverage (%)	Maximum Impervious Surface Ratio (%)	Maximum Building Height (feet)
Single-Family Detached Dwelling	4,500/d.u.	45	40	50	35
Semi-Detached Dwelling (Twin)	3,500/d.u.	30	40	50	35
Attached Dwelling (Rowhouse or Townhouse)	3,000/d.u.	20	40	50	35
Two-Family Dwelling (Duplex)	2,500/d.u.	60	40	50	35
Any Other Use	3,000	30	50	70	35

NOTES:
¹	Per dwelling unit for residential uses.
²	Measured at the minimum front yard listed in Subsection 6 for the particular use.

Minimum Yard Requirements. Each of the following minimum yard requirements shall apply to each use in the NC District, except as specifically provided for in this chapter:

Principal Use	Front Yard^1,2 (feet)	Side Yard (feet)	Rear Yard² (feet)
Single-Family Detached Dwelling	20	20 feet total with no less than 5 feet on one side	25
Semi-Detached (Twin)	20	20 feet total with no less than 5 feet on one side	25
Attached Dwelling (Rowhouse or Townhouse)	20	10 (for each end unit)	25
Two-Family Dwelling (Duplex)	20	10	25
Any Other Use	20	10	25

	NOTES:
	¹	The depth at which the minimum lot width shall be measured.
	²	For exceptions to the minimum front and rear yard requirements, see § 27-404, Subsection 2E, of this chapter.

§ 27-311 HC-1 Highway Commercial West District.

[Ord. 1263, 8/10/2009]

Purpose. The purposes of the HC-1 District are to provide areas with adequate parking and loading facilities, internal traffic circulation and safe ingress and egress to the public street system for commercial and business uses that require location along well-traveled highways.

Uses Permitted by Right. Each of the following uses are permitted by right in the HC-1 District provided that the use, dimensional and all other applicable requirements of this chapter are satisfied. The number/letter combination in parenthesis preceding each use identifies the use, a description and regulations for which are located in § 27-320, "Use Regulations," of this chapter.

(2J) Membership Club.

(2Q) Public Park/Recreation Facility.

(3B) Medical Office.

(3C) Medical Treatment Clinic.

(3D) Office.

(4C) Auto Repair Garage (Major Repairs).

(4D) Auto Repair Garage (Minor Repairs).

(4E) Auto Service Station.

(4F) Auto/Boat/RV Sales.

(4G) Bank.

(4H) Car Wash.

(4I) Check Cashing Facility.

(4L) Forestry/Timber Harvesting.

(4N) Health Club.

(4O) Hotel, Motel and Inn.

(4T) Miniature Golf Course.

(4V) Pawn Shop.

(4W) Personal Service.

(4X) Private Recreation Facility.

(4AA) Restaurant, Standard.

(4BB1) General Merchandise Store.

(4BB2) Retail Center.

(4BB3) Retail Store.

(4DD) Shopping Center.

(4EE) Tavern.

(4FF) Theater (Indoor).

(4GG) Banquet Hall.

(4HH) Catering Facility.

(4JJ) Commercial Swimming Pool.

(7B) Bus Shelter.

(7C) Day Care Center accessory to Office.

(7D) Drive-Through Facility.

(7F) Flea Market.

HH.

(7H) Keeping of Animals.

II.

(7N) Outdoor Storage or Display.

JJ.

(7Q) Retail Space within Office Buildings.

KK.

(7R) Solar Energy System.

LL.

(7S) Temporary Structure or Use.

MM.

(7T) Vending Machines.

NN.

(7U) Windmill.

OO.

(7V) Non-household Swimming Pool.

PP.

(7W) Meeting/Special Event Facility.

QQ.

(7M) Outdoor Eating Accessory to Food Service.

[Added by Ord. No. 1341, 7/13/2020]

Special Exception Uses. Each of the following uses may be permitted in the HC-1 District as authorized by the Zoning Hearing Board in accordance with the standards contained in § 27-804, Subsection 6B, of this chapter. The number/letter combination in parenthesis preceding each use identifies the use, a description and regulations for which are located in § 27-320, "Use Regulations," of this chapter.

(2D) Day Care Center.

(3A) Animal Hospital.

(3E) Planned Business Park.

(4A) Adult Business.

(4B) Amusement Halls and Arcade.

(4S) Massage Therapy.

(4Y) Restaurant, Fast Food.

(4Z) Restaurant, Food Take-Out.

(6S) Wholesale Trade.

(7C) Day Care Center accessory to Planned Business Park.

(7L) Nonresidential Accessory Building or Structure.

(7M) Outdoor Eating Accessory to Food Service.

Conditional Uses. Each of the following uses may be permitted in the HC-1 District as authorized by Borough Council in accordance with the standards contained in § 27-805 of this chapter. The number/letter combination in parenthesis preceding each use identifies the use, a description and regulations for which are located in § 27-320, "Use Regulations," of this chapter.

(1B) Mobile Home.

(1H) Mobile Home Park.

(2G) Hospital.

(2I) Life Care Facility.

(2L) Nursing Home.

(2M) Outpatient Surgical Facility.

(2N) Personal Care Facility.

(5B) Emergency Services.

(5C) Heliport.

(5F) Utilities.

(7C) Day Care Center Accessory to Hospital.

Lot Area, Width, Building Coverage and Height Regulations. Each of the following dimensional requirements shall apply to each use in the HC-1 District, except as specifically provided for in this chapter:

Principal Use	Minimum Lot Area¹ (square feet)	Minimum Lot Width² (feet)	Maximum Building Coverage (%)	Maximum Impervious Surface Ratio (%)	Maximum Building Height (feet)
Any Use	5,000	50	40	90	40

NOTES:
¹	Per dwelling unit for residential uses.
²	Measured at the minimum front yard listed in Subsection 6 for the particular use.

Minimum Yard Requirements. Each of the following minimum yard requirements shall apply to each use in the HC-1 District, except as specifically provided for in this chapter:

			Side Yard
	Principal Use	Front Yard^{1, 2} (feet)	One (feet)	Both (feet)	Rear Yard² (feet)
	Any Use	25	10	40	25

	NOTES:
	¹	The depth at which the minimum lot width shall be measured.
	²	For exceptions to the minimum front and rear yard requirements, see § 27-404, Subsection 2E, of this chapter.

§ 27-312 HC-2 Highway Commercial East District.

[Ord. 1263, 8/10/2009]

Purpose. The purpose of the HC-2 District is to provide areas for small-scale commercial and business uses along a major highway that are in close proximity to existing residential neighborhoods.

Uses Permitted by Right. Each of the following uses are permitted by right in the HC-2 District provided that the use, dimensional and all other applicable requirements of this chapter are satisfied. The number/letter combination in parenthesis preceding each use identifies the use, a description and regulations for which are located in § 27-320, "Use Regulations," of this chapter.

(2J) Membership Club.

(2Q) Public Park/Recreation Facility.

(3B) Medical Office.

(3C) Medical Treatment Clinic.

(3D) Office.

(4E) Auto Service Station.

(4G) Bank.

(4K) Farmers Market.

(4L) Forestry/Timber Harvesting.

(4N) Health Club.

(4T) Miniature Golf Course.

(4W) Personal Service.

(4X) Private Recreation Facility.

(4AA) Restaurant, Standard.

(4BB1) General Merchandise Store.

(4BB3) Retail Store.

(4GG) Banquet Hall.

(4HH) Catering Facility.

(4JJ) Commercial Swimming Pool.

(7B) Bus Shelter.

(7H) Keeping of Animals.

(7R) Solar Energy System.

(7S) Temporary Structure of Use.

(7T) Vending Machines.

(7V) Non-household Swimming Pool.

(7M) Outdoor Eating Accessory to Food Service.

[Added by Ord. No. 1341, 7/13/2020]

Special Exception Uses. Each of the following uses may be permitted in the HC-2 District as authorized by the Zoning Hearing Board in accordance with the standards contained in § 27-804, Subsection 6B, of this chapter. The number/letter combination in parenthesis preceding each use identifies the use, a description and regulations for which are located in § 27-320, "Use Regulations," of this chapter.

(2D) Day Care Center.

(3A) Animal Hospital.

(4S) Massage Therapy.

(4Y) Restaurant, Fast Food. [Note: The use is permitted provided that it is at least 125 feet from any residence or any residential zone area.]

(4Z) Restaurant, Food Take-Out.

(7C) Day Care Center accessory to Office.

(7F) Flea Market.

(7L) Nonresidential Accessory Building or Structure.

Conditional Uses. Each of the following uses may be permitted in the HC-2 District as authorized by Borough Council in accordance with the standards contained in § 27-805 of this chapter. The number/letter combination in parenthesis preceding each use identifies the use, a description and regulations for which are located in § 27-320, "Use Regulations," of this chapter.

(5B) Emergency Services.

(5F) Utilities.

(7Q) Retail Space within Office Buildings.

Lot Area, Width, Building Coverage and Height Regulations. Each of the following dimensional requirements shall apply to each use in the HC-2 District, except as specifically provided for in this chapter:

Principal Use	Minimum Lot Area¹ (square feet)	Minimum Lot Width² (feet)	Maximum Building Coverage (%)	Maximum Impervious Surface Ratio (%)	Maximum Building Height (feet)
Any Use	5,000	50	40	90	40

NOTES:
¹	Measured at the minimum front yard listed in Subsection 6 for the particular use.
²	See Subsection 7A(2) below.

Minimum Yard Requirements. Each of the following minimum yard requirements shall apply to each use in the HC-2 District, except as specifically provided for in this chapter:

			Side Yard
	Principal Use	Front Yard^{1, 2} (feet)	One (feet)	Both (feet)	Rear Yard² (feet)
	Any Use	0	10	40	25

	NOTES:
	¹	The depth at which the minimum lot width shall be measured.
	²	For exceptions to the minimum front and rear yard requirements, see § 27-404, Subsection 2E, of this chapter.

Design Guidelines. The following design standards are applicable for all new developments and additions/alterations in the HC-2 District along Route 13. These design guidelines may be modified by Borough Council to take into account the variety of buildings in the HC-2 District and to allow flexibility.

Building Design Standards.

No less than 80% of a building's facade shall be located at the street line.

The height of any portion of a building lying within 20 feet of Route 13 shall not be less than 24 feet or greater than 45 feet at finished grade of the required twelve-foot sidewalk.

Exterior building materials for facades that face or front public streets or are viewable from customer parking areas shall meet the requirements found in Subsection 7A(3)(a) and (b) below:

Exterior building materials shall be brick, wood, stone, tile, tinted and textures concrete masonry units, stucco or other high quality materials.

Exterior building materials shall not include corrugated metal, unfinished smooth face concrete block or tilt-up concrete panels, pre-fabricated street panels, and vinyl siding.

Building Orientation and Entrances.

The front facade of buildings shall be oriented toward Route 13, with public entrance in this front facade. Secondary entries may face on other streets, off-street parking areas or loading areas.

Building entrances shall incorporate elements such as porches, alcoves, porticos, awnings, or any combination of the foregoing that protect pedestrians from the rain and wind.

Fixed or retractable awnings are permitted at ground floor level, if they are designed or added as an integral part of the facade. Metal or internally lit awnings are prohibited. The lowest point of any awning shall be a minimum of eight feet from the highest point of the finished grade of the sidewalk.

Walls and Windows.

Masonry (but not flat concrete block).

Concrete or masonry plinth at the base of the wall.

Belt courses of a different texture or color.

Projecting cornice.

Projecting canopy.

Decorative tilework.

Trellis containing planting.

Medallions.

Opaque or translucent glass.

Artwork.

Vertical/horizontal articulation.

12)

Lighting fixtures.

13)

An architectural element not listed above, as approved by Council, that meets the intent of this section.

Facades greater than 100 feet in length, measured horizontally, shall incorporate wall plan projections or recesses having a depth of at least 3% of the length of the facade extending at least 20% of the length of the facade. No uninterrupted length of any facade shall exceed 100 horizontal feet.

Windows and Openings.

Upper story windows of front facades shall not be boarded or covered and shall comprise a minimum of 35% window area in the facade above the ground floor and a maximum of 75%.

Smoked, reflective, or black tinted glass in windows is prohibited.

Roof design shall incorporate the following design features:

Flat roof designs shall be constructed with parapets to screen HVAC and other roof mounted mechanical equipment from public view. Such parapets shall not exceed one third of the height of the supporting wall and shall be constructed with a three dimensional cornice treatment.

Sloping roof designs shall be constructed to screen HVAC and other roof mounted mechanical equipment from public view. Sloping roof designs must use at least one of the following design features:

Three or more roof slope planes.

Overhanging eaves or canopy projections which extend no fewer than three feet past the supporting walls.

The HVAC and other roof mounted mechanical equipment shall be installed and screened in a manner that mitigates the sound level of such equipment.

Pedestrian Design Standards.

Along U.S. Route 13 frontage, sidewalks shall be a minimum of 12 feet wide.

The sidewalk pattern shall continue across driveways.

Bicycle racks and other bicycle-friendly facilities shall be provided throughout the HC-2 District. There shall be a minimum of one bicycle/moped parking space for every 20 automobile parking spaces. Such bicycle/moped spaces shall be provided with a metal anchor that will secure the frame in conjunction with a user-supplied lock.

Parking.

Off-street parking lots shall be located to the side or rear of buildings. Except for curb-side, on-street parking, parking in front of the building is prohibited.

Access and Driveways.

Where feasible, ingress and egress to parking areas shall be provided from side streets or alleys. When access must be provided directly from Route 13, each parcel or assembly of parcels is permitted only one access point limited to one per 150 feet. For lots with frontage of 150 feet or less, or lots abutting lots with a frontage of 150 feet or less, shared access shall be provided.

Existing parcels of land shall not be denied access to Route 13 if no reasonable shared or cooperative access is possible.

Cross access easements and interconnections shall be provided between adjoining sites for vehicular and pedestrian traffic.

Where feasible, ingress and egress to parking shall be provided from side streets and alleys.

Streetscape Standards.

Street trees shall be provided every 25 feet along all public street frontages. Along Route 13 street trees shall be planted in eight-foot width planting strips provided between the required sidewalk and the roadway. Underground utilities may be located in the planting strip.

Street trees shall be selected from the listing of trees suitable for urban street plantings in Appendix 27-A of this chapter. Within the HC-2 District, an applicant may choose from the listing of medium or large trees if there are no overhead utility wires. If there are overhead utility wires, only trees from the small tree list should be provided. If the overhead wires are higher than the typical wire height of 20-25 feet above grade, than a medium tree may be suitable. At the discretion of Borough Council, other trees may be substituted for trees on the list in Appendix 27-A, provided they are determined to be appropriate for the intended location.

A total area equal to at least 10% of the site area shall be devoted to outdoor common area(s). This common outdoor area should be used as an outdoor plaza, square or courtyard that would be open to the public, and could contain amenities such as water features, a clock tower, or other element that will enhance the character of the area.

Street furniture, such as public benches, tables, and waste receptacles shall be included in design layout to encourage pedestrian traffic. Benches and waster containers shall be provided at a minimum of one per every 100 feet along pedestrian walkways, sidewalks, or street frontages. All street furniture shall be privately owned.

The incorporation of beautifying elements such as hanging flower baskets, street planters, and window boxes are strongly encouraged to be incorporated into the design of facade appearance. Such elements shall not obstruct sight triangles, and shall not encroach into the sidewalk so that less than five feet of passageway is available for pedestrians. Hanging baskets, planters, and window boxes shall contain live plantings.

All utilities, including electric, telephone, cable television and similar type installations shall be placed underground.

Screening.

Parking lots visible from a street shall be screened by a three-foot high wall/fence or plantings. Parking lots adjacent to a residential use shall be screened by a six-foot high wall/fence or plantings located within a five-foot wide planting area, unless such wall/fence is located within the required front yard, in which case such wall or fence shall be four feet in height. The required screening, consisting of a wall/fence or plantings, shall be located within a five-foot wide planting area. The plant material species, quantity, and arrangement shall be based upon the discretion of the Borough Engineer. Screening shall include:

Hedges, installed at 36 inches in height (to accommodate required three-foot screen for lots visible from a street).

Mixed planting (trees and shrubs).

Walls sections, with no wall break of more than nine feet, and landscaping to provide a continuous screen.

Service and loading areas must be visually screened from streets, pedestrian ways and adjacent residential uses. For new construction, service and loading areas must be behind the building. Loading docks shall be to the side and/or rear of buildings.

§ 27-313 GC General Commercial District.

[Ord. 1263, 8/10/2009]

Purpose. The purposes of the GC District are to provide areas which are suitable for heavy commercial so as to prevent conflicts between these uses and other retail, commercial and personal service uses.

Uses Permitted by Right. Each of the following uses are permitted by right in the GC District, provided that the use, dimensional and all other applicable requirements of this chapter are satisfied. The number/letter combination in parenthesis preceding each use identifies the use, a description and regulations for which are located in § 27-320, "Use Regulations," of this chapter.

(2D) Day Care Center.

(2J) Membership Club.

(2O) Place of Worship.

(2Q) Public Park/Recreation Facility.

(3D) Office.

(4E) Auto Service Station.

(4G) Bank.

(4H) Car Wash.

(4L) Forestry/Timber Harvesting.

(4M) Funeral Home.

(4N) Health Club.

(4Q) Laundromat.

(4W) Personal Service.

(4X) Private Recreation Facility.

(4Y) Restaurant, Fast Food.

(4AA) Restaurant, Standard.

(4BB.1) General Merchandise Store.

(4BB.2) Retail Center.

(4BB.3) Retail Store.

(4GG) Banquet Hall.

(4HH) Catering Facility.

(4JJ) Commercial Swimming Pool.

(6M) Repair Shop.

(7B) Bus Shelter.

(7C) Day Care Center accessory to Office.

(7H) Keeping of Animals.

(7N) Outdoor Storage or Display.

(7Q) Retail Space within Office Buildings.

(7R) Solar Energy System.

(7S) Temporary Structure or Use.

(7T) Vending Machines.

(7U) Windmill.

(7V) Non-Household Swimming Pool.

HH.

(7M) Outdoor Eating Accessory to Food Service.

[Added by Ord. No. 1341, 7/13/2020]

Special Exception Uses. Each of the following uses may be permitted in the GC District as authorized by the Zoning Hearing Board in accordance with the standards contained in § 27-804, Subsection 6B, of this chapter. The number/letter combination in parenthesis preceding each use identifies the use, a description and regulations for which are located in § 27-320, "Use Regulations," of this chapter.

(1I) Boarding House.

(1J) Bed and Breakfast.

(4D) Auto Repair Garage (Minor Repairs).

(5D) Parking Garage or Area.

(6B) Contractor Offices and Shops.

(6C) Crafts.

Conditional Uses. Each of the following uses may be permitted in the GC District as authorized by Borough Council in accordance with the standards contained in § 27-805 of this chapter. The number/letter combination in parenthesis preceding each use identifies the use, a description and regulations for which are located in § 27-320, "Use Regulations," of this chapter.

(5B) Emergency Services.

(5E) Transit Station.

(5F) Utilities.

Lot Area, Width, Building Coverage and Height Regulations. Each of the following dimensional requirements shall apply to each use in the GC District, except as specifically provided for in this chapter:

Principal Use	Minimum Lot Area¹ (square feet)	Minimum Lot Width² (feet)	Maximum Building Coverage (%)	Maximum Impervious Surface Ratio (%)	Maximum Building Height (feet)
Any Use	5,000	50	50	70	3/40

NOTES:
¹	Per dwelling unit for residential uses.
²	Measured at the minimum front yard listed in Subsection 6 for the particular use.

Minimum Yard Requirements. Each of the following minimum yard requirements shall apply to each use in the GC District, except as specifically provided for in this chapter:

	Principal Use	Front Yard^{1, 3} (feet)	Side Yard² (feet)	Rear Yard³ (feet)
	Any Use	25	10	25

	NOTES:
	¹	The depth at which the minimum lot width shall be measured.
	²	Where a lot abuts a residential district, a residence, a park, school, playground, hospital, church or public library, the side yards shall not be less than 30 feet.
	³	For exceptions to the minimum front and rear yard requirements, see § 27-404, Subsection 2E, of this chapter.

§ 27-314 LI Light Industrial District.

[Ord. 1263, 8/10/2009]

Purpose. The purposes of the LI District are to provide areas which are suitable for light industrial, heavy commercial and office uses, so as to prevent conflicts between these uses and other land uses, to protect the environment by limiting the types of industries in the Borough to those which are compatible with it, and to promote local jobs and a strong local tax base.

Uses Permitted by Right. Each of the following uses are permitted by right in the LI District, provided that the use, dimensional and all other applicable requirements of this chapter are satisfied. The number/letter combination in parenthesis preceding each use identifies the use, a description and regulations for which are located in § 27-320, "Use Regulations," of this chapter.

(2Q) Public Park/Recreation Facility.

(3D) Office.

(4K) Farmers Market.

(4L) Forestry/Timber Harvesting.

(4N) Health Club.

(4P) Kennel.

(4U) Nursery/Greenhouse.

(6A) Building Materials, Supplies, Sales, Service.

(6B) Contractor Offices and Shops.

(6C) Crafts.

(6M) Repair Shop.

(6R) Warehouse.

(6S) Wholesale Trade.

(7B) Bus Shelter.

(7C) Day Care Center accessory to Office.

(7H) Keeping of Animals.

(7N) Outdoor Storage or Display.

(7Q) Retail Space within Office Buildings.

(7R) Solar Energy System.

(7S) Temporary Structure or Use.

(7U) Windmill.

(7V) Non-Household Swimming Pool.

(7W) Meeting/Special Event Facility.

(7M) Outdoor Eating Accessory to Food Service.

[Added by Ord. No. 1341, 7/13/2020]

Special Exception Uses. Each of the following uses may be permitted in the LI District as authorized by the Zoning Hearing Board in accordance with the standards contained in § 27-804, Subsection 6B, of this chapter. The number/letter combination in parenthesis preceding each use identifies the use, a description and regulations for which are located in § 27-320, "Use Regulations," of this chapter.

(5A) Telecommunications Facilities.

(6D) Flex Space.

(6E) Industrial Park.

(6G) Light Manufacturing.

Conditional Uses. Each of the following uses may be permitted in the LI District as authorized by Borough Council in accordance with the standards contained in § 27-805 of this chapter. The number/letter combination in parenthesis preceding each use identifies the use, a description and regulations for which are located in § 27-320, "Use Regulations," of this chapter.

(5B) Emergency Services.

(5C) Heliport.

(5D) Parking Garage or Area.

(5E) Transit Station.

(5F) Utilities.

(6I) Mini-Warehouse.

Lot Area, Width, Building Coverage, and Height Regulations. Each of the following dimensional requirements shall apply to each use in the LI District, except as specifically provided for in this chapter:

Principal Use	Minimum Lot Area¹ (square feet)	Minimum Lot Width² (feet)	Maximum Building Coverage (%)	Maximum Impervious Surface Ratio (%)	Maximum Building Height (feet)
Any Use	15,000	75	50	70	3/40

NOTES:
¹	Per dwelling unit for residential uses.
²	Measured at the minimum front yard listed in Subsection 6 for the particular use.

Minimum Yard Requirements. Each of the following minimum yard requirements shall apply to each use in the LI District, except as specifically provided for in this chapter:

	Principal Use	Front Yard^{1, 3} (feet)	Side Yard² (feet)	Rear Yard³ (feet)
	Any Use	25	15	25

	NOTES:
	¹	The depth at which the minimum lot width shall be measured.
	²	Where a lot abuts a residential district, a residence, a park, school, playground, hospital, church or public library, the side yards shall not be less than 30 feet.
	³	For exceptions to the minimum front and rear yard requirements, see § 27-404, Subsection 2E, of this chapter.

§ 27-315 II Intermediate Industrial District.

[Ord. 1263, 8/10/2009]

Purpose. The purpose of this district is to provide for industrial uses not permitted in an LI Light Industrial District but which are not as intrusive and invasive as those uses permitted in the HI Heavy Industrial District.

Uses Permitted by Right. Each of the following uses are permitted by right in the II District provided that the use, dimensional and all other applicable requirements of this chapter are satisfied. The number/letter combination in parenthesis preceding each use identifies the use, a description and regulations for which are located in § 27-320, "Use Regulations," of this chapter.

(2Q) Public Park/Recreation Facility.

(3D) Office.

(4K) Farmers Market.

(4L) Forestry/Timber Harvesting.

(4N) Health Club.

(4P) Kennel.

(4U) Nursery/Greenhouse.

(6A) Building Materials, Supplies, Sales, Service.

(6B) Contractor Offices and Shops.

(6C) Crafts.

(6D) Flex Space.

(6E) Industrial Park.

(6G) Light Manufacturing.

(6M) Repair Shop.

(6O) Sheet Metal Fabrication.

(6R) Warehouse.

(6S) Wholesale Trade.

(7B) Bus Shelter.

(7C) Day Care Center accessory to Office.

(7H) Keeping of Animals.

(7L) Nonresidential Accessory Building or Structure.

(7N) Outdoor Storage or Display.

(7Q) Retail Space within Office Buildings.

(7R) Solar Energy System.

(7S) Temporary Structure or Use.

(7U) Windmill.

(7V) Non-Household Swimming Pool.

(7W) Meeting/Special Event Facility.

(7M) Outdoor Eating Accessory to Food Service.

[Added by Ord. No. 1341, 7/13/2020]

Special Exception Uses. Each of the following uses may be permitted in the II District as authorized by the Zoning Hearing Board in accordance with the standards contained in § 27-804, Subsection 6B, of this chapter. The number/letter combination in parenthesis preceding each use identifies the use, a description and regulations for which are located in § 27-320, "Use Regulations," of this chapter.

(5A) Telecommunications Facilities.

Conditional Uses. Each of the following uses may be permitted in the II District as authorized by Borough Council in accordance with the standards contained in § 27-805 of this chapter. The number/letter combination in parenthesis preceding each use identifies the use, a description and regulations for which are located in § 27-320, "Use Regulations," of this chapter.

(2L) Nursing Home.

(5B) Emergency Services.

(5C) Heliport.

(5D) Parking Garage or Area.

(5E) Transit Station.

(5F) Utilities.

(6I) Mini-Warehouse.

Lot Area, Width, Building Coverage and Height Regulations. Each of the following dimensional requirements shall apply to each use in the II District, except as specifically provided for in this chapter:

Principal Use	Minimum Lot Area¹ (square feet)	Minimum Lot Width² (feet)	Maximum Building Coverage (%)	Maximum Impervious Surface Ratio (%)	Maximum Building Height (feet)
Any Use	15,000	75	50	70	3/40

NOTES:
¹	Per dwelling unit for residential uses.
²	Measured at the minimum front yard listed in Subsection 6 for the particular use.

Minimum Yard Requirements. Each of the following minimum yard requirements shall apply to each use in the II District, except as specifically provided for in this chapter:

	Principal Use	Front Yard^{1, 2} (feet)	Side Yard² (feet)	Rear Yard² (feet)
	Any Use	25	10	25

	NOTES:
	¹	The depth at which the minimum lot width shall be measured. Where a lot abuts a residential district, a residence, a park, school, playground, hospital, church or public library, the side yards shall not be less than 30 feet.
	²	For exceptions to the minimum front and rear yard requirements, see § 27-404, Subsection 2E, of this chapter.

§ 27-316 HI Heavy Industrial District.

[Ord. 1263, 8/10/2009]

Purpose. The purpose of the HI District is to provide areas for development by most types of industrial uses. The regulations are designed to permit operations in a clean and quiet manner and to protect adjacent district uses and industries within the district.

Uses Permitted by Right. Each of the following uses are permitted by right in the HI District, provided that the use, dimensional and all other applicable requirements of this chapter are satisfied. The number/letter combination in parenthesis preceding each use identifies the use, a description and regulations for which are located in § 27-320, "Use Regulations," of this chapter.

(2Q) Public Park/Recreation Facility.

(3D) Office.

(4L) Forestry/Timber Harvesting.

(6H) Manufacturing.

(6L) Outside Storage.

(6Q) Truck Repair.

(6R) Warehouse.

(7B) Bus Shelter.

(7C) Day Care Center accessory to Office.

(7H) Keeping of Animals.

(7N) Outdoor Storage or Display.

(7Q) Retail Space within Office Buildings.

(7R) Solar Energy Systems.

(7S) Temporary Structure or Use.

(7U) Windmill.

(7V) Non-Household Swimming Pool.

(7W) Meeting/Special Event Facility.

(7M) Outdoor Eating Accessory to Food Service.

[Added by Ord. No. 1341, 7/13/2020]

Special Exception Uses. Each of the following uses may be permitted in the HI District as authorized by the Zoning Hearing Board in accordance with the standards contained in § 27-804, Subsection 6B, of this chapter. The number/letter combination in parenthesis preceding each use identifies the use, a description and regulations for which are located in § 27-320, "Use Regulations," of this chapter.

(4CC) Sale or Storage of Fireworks.

(5A) Telecommunications Facilities.

(6F) Junkyard.

(6J) Motor Freight Terminal.

(6K) Oil and Petroleum Storage and Shipping.

Conditional Uses. Each of the following uses may be permitted in the HI District by Borough Council in accordance with the standards contained in § 27-805 of this chapter. The number/letter combination in parenthesis preceding each use identifies the use, a description and regulations for which are located in § 27-320, "Use Regulations," of this chapter.

(5B) Emergency Services.

(5C) Heliport.

(5F) Utilities.

(6N) Resource Recovery.

(6P) Solid Waste Landfill.

Lot Area, Width, Building Coverage, and Height Regulations. Each of the following dimensional requirements shall apply to each use in the HI District, except as specifically provided for in this chapter:

Principal Use	Minimum Lot Area¹ (square feet)	Minimum Lot Width² (feet)	Maximum Building Coverage (%)	Maximum Impervious Surface Ratio (%)	Maximum Building Height (feet)
Any Use	15,000	100	50	70	65

NOTES:
¹	Per dwelling unit for residential uses.
²	Measured at the minimum front yard listed in Subsection 6 for the particular use.

Minimum Yard Requirements. Each of the following minimum yard requirements shall apply to each use in the HI District, except as specifically provided for in this chapter:

	Principal Use	Front Yard^{1, 2, 3} (feet)	Side Yard² (feet)	Rear Yard^{2, 3} (feet)
	Any Use	30	20	30

	NOTES:
	¹	The depth at which the minimum lot width shall be measured.
	²	Where a lot used for industrial purposes abuts a residential district, a park, school, playground, hospital, church or residence, the front, side or rear yards of the lot which abut said use shall not be less than 100 feet.
	³	For exceptions to the minimum front and rear yard requirements, see § 27-404, Subsection 2E, of this chapter.

§ 27-317 MX Mixed Use District.

[Ord. 1263, 8/10/2009]

Purpose. The purposes of the MX District are to provide areas which are suitable for residential uses and water-related facilities, all potentially located on one or more sites so as to prevent conflicts between these uses and other land uses, to protect the environment by limiting the types of facilities in the Borough to those which are compatible with it, promote local jobs, provide public access to the Delaware waterfront and promote a strong local tax base.

Uses Permitted by Right. One or more of the following uses are permitted by right in the MX District, provided, that the use, dimensional and other applicable requirements of this chapter are satisfied. The number/letter combination in parenthesis preceding each use identifies the use, a description and regulations for which are located in § 27-320, "Use Regulations," of this chapter.

(1C) Attached Dwelling (Rowhouse or Townhouse).

(1F1) Multi-Family Dwelling: Low-Rise Apartment.

(1F2) Multi-Family Dwelling: High-Rise Apartment.

(2D) Day Care Center.

(2J) Membership Club.

(2K) Museum.

(2Q) Public Park/Recreation Facility.

(2S) Visitors' Center.

(3D) Office.

(4O) Bank.

(4J) Conference Center.

(4L) Forestry/Timber Harvesting.

(4N) Health Club.

(4O) Hotel, Motel, and Inn.

(4R) Marina.

(4X) Private Recreation Facility.

(4AA) Restaurant, Standard.

(4BB.1) General Merchandise Store.

(4BB.2) Retail Center.

(4BB.3) Retail Store.

(5C) Heliport.

(5D) Parking Garage or Area.

(6L) Outside Storage.

(7B) Bus Shelter.

(7H) Keeping of Animals.

(7I) Microwave or Satellite Dish.

(7J) No-Impact Home-Based Business.

(7N) Outdoor Storage or Display.

(7P) Residential Accessory Building, Structure or Use.

(7S) Temporary Structure or Use.

(7V) Non-household Swimming Pool.

(7W) Meeting/Special Event Facility.

(7M) Outdoor Eating Accessory to Food Service.

[Added by Ord. No. 1341, 7/13/2020]

Conditional Uses. Each of the following uses may be permitted in the MX District as authorized by Borough Council in accordance with the standards contained in § 27-805 of this chapter. The number/letter combination in parenthesis preceding each use identifies the use, a description and regulations for which are located in § 27-320, "Use Regulations," of this chapter.

(5B) Emergency Services.

(5F) Utilities.

Lot Area, Width, Building Coverage, Height Regulations for Nonresidential Uses. Each of the following requirements shall apply to each nonresidential use in the District, except as specifically provided for in this chapter:

Principal Use	Minimum Lot Area¹ (square feet)	Minimum Lot Width² (feet)	Maximum Building Coverage (%)	Maximum Impervious Surface Ratio (%)	Maximum Building Height (feet)
Any Use	3/4 acre (32,670 square feet)	100	60	90	70

NOTES:
¹	Per dwelling unit for residential uses.
²	Measured at the front setback as established in Subsections 5 and 6 for each particular use.

Minimum Lot Dimensional Requirements for Nonresidential Uses. Each of the following minimum dimensional requirements shall apply to each nonresidential use in the MX District, except as specifically provided for in this chapter.

	Principal Use	Front Yard^{1, 4} (feet)	Side Yard² (feet)	Rear Yard^{3, 4} (feet)
	Any Use	30	20	30

	NOTES:
	¹	The depth at which the minimum lot width shall be measured.
	²	Where a lot abuts a residential district, a residence, a park, school, playground, hospital, church or public library, the side setbacks shall not be less than 30 feet.
	³	Rear setback requirement of 30 feet shall not restrict fishing piers, gaming facilities, marinas and boat docks, or their accessory structures, provided that said rear setback is contiguous to a waterway.
	⁴	For exceptions to the minimum front and rear yard requirements, see § 27-404, Subsection 2E, of this chapter.

Residential Individual Lot Area and Bulk Requirements. (For developments with individual property lines.)

Use	Single-Family Attached	Multi-Family Low-Rise	Multi-family High-Rise
Minimum Lot Area	2,000 square feet	N/A	N/A
Minimum Lot Width	20 feet	N/A	N/A
Minimum Front Yard from Edge of Cartway	25 feet with sidewalks or 20 feet without sidewalks	10 feet	10 feet
Minimum Side Yard	10 feet (end unit)	N/A	N/A
Minimum Rear Yard	15 feet	N/A	N/A
Maximum Building Coverage	60%	N/A	N/A
Maximum Impervious Coverage per Lot	70%	N/A	N/A
Minimum Distance Between Buildings	20 feet (40 feet between single-family attached and multi-family)	24 feet (40 feet between single-family attached and multi-family)	30 feet (40 feet between single-family attached and multi-family)
Maximum Units Per Structure:	8	24	60

Residential Area Dimensional and Design Requirements. (For residential developments without individual property lines.)

A.	Minimum Site Area:	10 Acres (gross)
B.	Minimum Frontage:	300 feet along a public thoroughfare
C.	Maximum Density:	12 dwelling units per gross acre
D.	Maximum Building Coverage:	40%
E.	Maximum Impervious Coverage:	70%
F.	Minimum Open Space:	20%
G.	Minimum Building Setbacks From Site Boundary:	From tract boundary public thoroughfare right-of-way line — 25 feet
		From other property lines and interior thoroughfare cartway — 15 feet
H.	Maximum Building Height:
	Single-Family Attached:	Three stories or 35 feet, whichever is less
	Low-Rise Multi-family:	Three stories (including under-building parking) or 45 feet, whichever is less
	High-Rise Multi-family:	Five stories (including under-building parking) or 65 feet, whichever is less.
I.	Off-Street Parking:
	Single-family Attached:	Two off-street parking spaces provided for each dwelling unit. (Garage parking shall be included in calculations.)
	Low-Rise Multi-family:	Two off-street parking spaces provided for each dwelling unit. (Garage parking shall be included in calculation.)
	High-Rise Multi-family:	Two off-street parking spaces provided for each dwelling unit. (Garage parking shall be included in calculation.)
J.	Minimum Distance Between Buildings:	20 feet between single-family attached buildings
		24 feet between low-rise multi-family buildings
		30 feet between high-rise multi-family buildings
		40 feet between single-family attached and multi-family
K.	Maximum Units Per Structure:	Single-Family Attached	8
		Low-Rise Multi-family	24
		High-Rise Multi-family	60
L.	Minimum Front Yard From Edge of Cartway	Single-family Attached	25 feet with sidewalks or 20 feet without sidewalks
		Low-rise Multi-family	10 feet
		High-rise Multi-family	10 feet

General Requirements.

Common Area and Facilities. Designated open space shall be restricted from further development by a declaration and it shall be duly recorded in the Office of the Recorder of Deeds of Bucks County. Required open space shall be owned by a homeowners association or a unit owners association in accordance with the Uniform Condominium Act, Act of July 2, 1970, P.L. 286, No. 82, § 1, 68 Pa.C.S.A. § 3106 et seq. In each case, the designated open space area shall be accessible to the public.

A pedestrian circulation system shall be provided as an integral part of the proposed development. The pedestrian circulation system shall include any one, or a combination of sidewalks, pathways and trails to provide reasonable access to all areas within the proposed development and suitable access to public thoroughfares adjacent to the site shall be provided. The pedestrian circulation system shall be maintained by a unit owner's association or a homeowners association as described in Subsection 8B.

Where a public easement is in existence in the proposed development, the public easement area shall be maintained by a unit owner's association or a homeowners association as described in Subsection 8B.

§ 27-318 C Conservation District.

[Ord. 1263, 8/10/2009]

Purpose. The purpose of the C Conservation District is to prescribe a zoning category for those areas where, because of natural geographic factors and existing land uses, it is considered feasible and desirable to conserve open spaces, water supply sources, woodland areas, wildlife and other natural resources.

Uses Permitted by Right. The following uses are permitted by right in the C Conservation District provided that the use, dimensional and other applicable requirements of this chapter are satisfied. The number/letter combination in parenthesis preceding each use identifies the use, a description and regulations for which are located in § 27-320, "Use Regulations," of this chapter.

(2Q) Public Park/Recreation Facility.

(4L) Forestry/Timber Harvesting.

(4X) Private Recreation Facility.

(7H) Keeping of Animals.

Conditional Uses. Each of the following uses may be permitted in the C District as authorized by Council in accordance with the standards contained in § 27-805 of this chapter. The number/letter combination in parenthesis preceding each use identifies the use, a description and regulations for which are located in § 27-320, "Use Regulations," of this chapter.

(2P) Public Maintenance Facility.

Lot Area, Width, Building Coverage and Height Regulations. Each of the following dimensional requirements shall apply to each use in the C District, except as specifically provided for in this chapter:

Principal Use	Minimum Lot Area¹ (square feet)	Minimum Lot Width² (feet)	Maximum Building Coverage (%)	Maximum Impervious Surface Ratio (%)	Maximum Building Height (feet)
Any Use	10,000	500	10	20	35

NOTES:
¹	Per dwelling unit for residential uses.
²	Measured at the minimum front yard listed in Subsection 5 for the particular use.

Minimum Yard Requirements. Each of the following minimum yard requirements shall apply to each use in the C District, except as specifically provided for in this chapter:

	Principal Use	Front Yard¹ (feet)	Side Yard (feet)	Rear Yard¹ (feet)
	Any Use	25	10	25

	NOTES:
	¹	For exceptions to the minimum front and rear yard requirements, see § 27-404, Subsection 2E, of this chapter.

§ 27-319 H Historical District.

[Ord. 1263, 8/10/2009]

Purpose. The purpose of the H Historical District is to protect those historical areas in Bristol which have a distinctive character recalling the rich architectural and historic heritage of the Borough.

Overlay District Concept. The H Historical District is an "overlay" district, i.e., the permitted uses and area and bulk regulations are determined by the underlying zoning district. The H Historical District provides additional requirements to these zoning district regulations. These additional requirements are found in Ord. 698, adopted January 8, 1968, as last amended. All applications for zoning and building permits in the H Historical District must be submitted to the Board of Historical and Architectural Review for review and comment in accordance with the rules, regulations and procedures in Ord. 698 and the By-Laws of the Historical and Architectural Review Board (HARB).

§ 27-320 Use Regulations.

[Ord. 1263, 8/10/2009; as amended by Ord. 1294, 5/13/2013]

The provisions contained in this section apply to every zoning district in which the uses mentioned herein are permitted, whether by right, special exception or conditional use.

All uses permitted in the Borough shall be subject in addition to these ordinance regulations to all other applicable county, state or federal requirements and licensing regulations and to the requirements of any other agency with jurisdiction. These include, but are not limited to, regulations for licensing of human service activities, requirements for accessibility of the disabled, sewage disposal requirements, water supply regulations, state road regulations and fire protection requirements.

Residential Uses.

Single-Family Detached Dwelling. A structure having only one dwelling unit from ground to roof, designed and occupied exclusively as a residence for one family, having independent outside access and having yards on all sides. The term "single-family detached dwelling" shall be deemed to include a "modular home," but shall not be deemed to include a "mobile home."

Mobile Home. A transportable, single-family dwelling unit intended for permanent occupancy, contained in one unit, or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed in conformance with the Pennsylvania Uniform Construction Code, 34 Pa. Code § 401 et seq., as amended [Chapter 5, Part 1].

A mobile home shall meet the area and dimensional requirements for single family detached dwellings for the district in which the mobile home is located.

Each mobile home shall be placed on a concrete slab of at least the same length and width as the mobile home, with a minimum thickness of six inches, and shall have installed in it a minimum of six tie-down rings to which the mobile home shall be secured. Pads shall be on footings at least one foot below the frost line, or other standards as required by the Pennsylvania Uniform Construction Code, 34 Pa. Code § 401 et seq., as amended [Chapter 5, Part 1].

All mobile homes shall have the space between the floor of the mobile home and the mobile home stand completely enclosed. Such enclosure may be provided by a permanent masonry foundation or by temporary materials or skirting. Skirting shall be compatible in design with the mobile home to which it is attached and shall provide ventilation to inhibit decay and deterioration of the structure. Skirting shall be constructed of materials designed and commonly used for exterior building surfaces and at least of such rigidity and strength as the exterior surface of the mobile home itself.

Attached Dwelling (Rowhouse or Townhouse). A building containing one dwelling unit with no more than two party walls in common with any other dwelling, and not a two-family dwelling. Each dwelling shall be designed and occupied exclusively as a residence for one family, having independent outside access.

Semi-Detached Dwelling (Twin). A building containing one dwelling unit and having a party wall unpierced by opening in common with an adjacent dwelling, but detached from any other building. Dwellings having a party wall in common must be erected at the same time. Each dwelling shall require a separate lot, or sufficient site area regulated by a single form of legal ownership as an individual lot, that satisfies minimum lot requirements.

Two-Family Dwelling (Duplex). A detached building containing two dwelling units with one dwelling unit wholly or partly over the other. Each dwelling shall require sufficient site area regulated by a single form of legal ownership as an individual lot that satisfies minimum lot requirements.

Multi-Family Dwelling. A detached building containing three or more dwelling units that are completely separated by party walls.

Low-Rise Apartment. A multi-family dwelling, as defined above, which is three stories or less in height, including quadruplex units.

High-Rise Apartment. A multi-family dwelling, as defined above, which is four or more stories in height.

Dwelling in Combination with a Business. One dwelling unit that is part of the structure, which includes one nonresidential use, under one ownership.

The residential unit shall have a minimum area of 1,200 square feet or if there is more than one residential unit the average of all units shall be at least 1,200 square feet. No individual residential unit shall be smaller than 900 square feet or larger than 3,000 square feet. In addition, no more than 25% of the residential units on any property shall be less than 1,200 square feet in area.

The residential unit shall be located on the second or third floor of the building.

The total area of residential uses shall not exceed 60% of the total building area.

All buildings containing one or more residential units shall be equipped with an automatic fire suppression system throughout the entire building.

Access to all residential units shall be provided by a common area with a common entrance and exit.

Each residential unit shall have off-street parking in accordance with Part 7 of this chapter with the exception of properties which are continuous and directly abut the Mill Street public parking lot or any extension thereof in which case there shall be a minimum of one off-street parking space for each residential unit.

Mobile Home Park. A parcel of land under single ownership which has been planned and improved for the placement of mobile homes for dwelling or sleeping purposes and for non-transient use, as described in Subsection 1B of this section, providing:

The density of such development shall not exceed 12 dwelling units per acre.

The minimum yard requirements for each mobile home lot shall be 15 feet front, 25 feet rear yard and five feet for side yards. Such yards shall be measured from the perimeter of the mobile home stand.

Each mobile home stand shall have minimum dimensions of 50 feet by 24 feet, except that at least 20% of the stands shall have minimum dimensions of 70 feet by 24 feet.

Every mobile home stand shall have access to a public street in accordance with appropriate subdivision regulations for private access drives.

A thirty-foot buffer yard shall be located on-site and shall be placed along the perimeter of the mobile home park. Such buffer yard shall contain a twenty-five-foot wide planting screen in accordance with § 27-404, Subsection 4E, of this chapter.

A mobile home park shall have direct access to an arterial or collector highway.

The minimum lot area for a mobile home park shall be five acres.

The minimum number of spaces completed and ready for occupancy before the first occupancy is permitted shall be three.

No space shall be rented for residential use of a mobile home in any such park except for periods of 30 days or more.

Public sewerage shall be required.

Plans for any mobile home park shall be submitted in conformance with appropriate articles of Bristol Borough Subdivision and Land Development Regulations [Chapter 22].

Each mobile home shall meet the requirements in Subsections 1B(2) and (3) of this section.

Boarding House (Rooming House). A building in which the owner or tenant rents at least one (but not more than five) rental units for residential or lodging purposes, regardless of whether meals are furnished or not. Individuals to whom the units are rented must be living independently, needing no assistance such as physical or custodial care. Such use may include dormitories, fraternity or sorority houses, or other buildings of charitable, educational, or philanthropic use.

Each room used for sleeping shall be limited to one bed.

No separate cooking facilities shall be provided within each guest room.

No additional rooms shall be constructed for the purpose of accommodating boarders.

Bed and Breakfast. The use of a detached dwelling for the accommodation of over night guests for a fee.

Number of guest rooms: maximum number-8; minimum number-2.

There shall be one full bathroom for every two guest rooms.

There shall be only one central common kitchen and eating area if eating facilities are provided, and guest rooms shall not have separate cooking or eating facilities. The serving of meals shall be limited to breakfast and afternoon tea to overnight guests.

The premises shall be managed by a person or persons who shall be permanent full time residents within the structure housing the bedrooms for guests. The manager's quarters shall have full bathroom facilities and may have kitchen facilities, in addition to and separate and apart from those servicing the guests.

The use of amenities provided by the bed and breakfast, such as swimming pools or tennis courts, shall be restricted in use to the guests of the establishment.

The minimum lot size shall be 20,000 square feet, unless a greater minimum lot size is specified for a particular district in this chapter.

Residential Conversion of Existing Commercial or Industrial Building. The conversion of an existing commercial or industrial building into residential units.

Such use may only be permitted within 800 feet of a transit station.

Institutional, Recreational and Educational Uses.

Cemetery. A burial place or graveyard including mausoleum, crematory or columbarium.

Shall be on a lot at least five acres in area.

Minimum yards (front, side and rear yards) for all accessory buildings, mausoleums, offices, maintenance buildings, or other structures other than fences and burial markers shall be 20 feet.

No more than 10% of the entire area may be devoted to above-ground buildings not serving as burial markers or memorials, such as business and administration offices, chapels, maintenance facilities, greenhouses or repair shops.

A buffer strip of at least 20 feet shall be provided between any building or burial site and the cemetery property line.

There shall be not more than one identification sign at each entrance.

No entrance walls, signs or other entrance features shall exceed 12 feet in height.

No burial plots, structures or parking areas shall be located within the one-hundred-year floodplain.

Commercial School. Trade or commercial school providing instruction in a trade, in the arts or other activities; this does not include a public or private school or a day care center.

Community Center. An educational, social, cultural or other similar facility, operated by a public or nonprofit group or agency subject to the following provisions:

Dining services and/or the service of alcoholic beverages shall not be part of the regular activities at the facility.

No outdoor active recreation areas shall be located nearer to any lot line than the required front yard depth.

Day Care Center. A facility in which out-of-home day care is provided to four or more children, disabled persons and/or elderly. This use may also include nursery school.

An outdoor recreation area shall be provided with a minimum area of 200 square feet for each child and 100 square feet for each disabled or elderly person. This outdoor play area shall be located to the side or the rear of the lot and shall not include any parking areas. The outdoor play area shall be fully enclosed by a four-foot high fence and shall be sufficiently screened and insulated so as to protect the neighborhood from inappropriate noise and other disturbance.

Sufficient facilities for passenger loading and unloading shall be provided.

This use may be permitted as accessory to a permitted nonresidential use.

A license from the Pennsylvania Department of Public Welfare shall be required.

Group Home for Handicapped Individuals. A building occupied by no more than eight individuals who have physical or mental impairments which substantially limit one or more of each individual's major life activities.

The occupants shall have documentation substantiating such impairment. The term handicap shall not include the current or illegal use or addiction to a controlled substance.

The occupants of the building shall be required to reside in the structure for a significant period of time and not be mere transients.

All occupants except for supervisory personnel shall meet the standards for being handicapped. The occupancy shall also possess all required state approvals and licenses.

Group Home for Non-Handicapped Individuals. A building occupied as a residence by no more than five residents, which provides residential and custodial services to persons requiring rehabilitation from substance abuse and who are not able to live without care or supervision provided by professionals trained to provide such care or supervision, subject to the following provisions:

No parcel of ground upon which a group home for substance abuse rehabilitation is located shall be permitted within 3,000 feet of the nearest property line of any other parcel which is also used as a family care home for substance abuse rehabilitation or a family care home for disabled persons as defined in Subsection 2E of this section.

The family care home for substance abuse rehabilitation must be not for profit, receive all pertinent approvals and licenses from all appropriate state and county agencies, and must comply in all respects with applicable provisions of Borough building and fire codes, and the state adopted National Fire Protection Association (NFPA), Life Safety Code § 101, regulating new and existing residential-custodial care facilities.

The special exception shall not be transferable, and shall expire at the termination of the property as a family care home for substance abuse rehabilitation use.

The use shall be screened by a six-foot high wooden fence. However, where the fence would be located in the required front yard, the height of the fence shall not exceed four feet. Fences shall meet applicable standards in Subsections 7L(4) and (5) and 7P(2) of this section. Where fences are prohibited, buffer plantings shall be provided in accordance with requirements for a ten-foot buffer yard listed in § 27-404, Subsection 4, of this chapter.

The family care home for substance abuse rehabilitation shall not be located within 3,000 feet of any educational, religious, recreational, or institutional use.

Each person shall have private sleeping space and shall share kitchen, bath, living and dining spaces.

Hospital. A facility licensed by the Pennsylvania Department of Health, which provides health services primarily for inpatient medical or surgical care, including related facilities, such as laboratories, outpatient departments, training facilities, central service facilities and staff offices as an integral part of the establishment.

A hospital shall have direct access from a major collector or arterial highway.

At least two means of ingress and egress shall be provided for emergency service vehicles to access the facility.

Area and Dimensional Requirements.

Minimum lot area:		10 acres
Minimum lot width:		200 feet
Minimum yards:
	Front:	75 feet
	Side:	100 feet
	Rear:	100 feet

The following may be permitted as an accessory use to a hospital:

WELLNESS CENTER

An establishment primarily engaged in operating fitness and physical therapy facilities featuring exercise, physical fitness conditioning, and other therapeutic or rehabilitative activities, subject to the following:

Such establishments are not permitted to operate spectator sports events.

All activities must be held indoors with the exception of walking trails or sidewalks internal to any tract on which such building is located.

Library. A cultural or educational facility open to the public or accessory to a permitted educational use.

Life Care Facility. A life care facility is a form of residential use designed and operated exclusively for mature adults, of 55 years of age or over, containing certain support facilities specifically designed for these individuals. The facility may include independent living units, assisted living units, personal care boarding facilities, and nursing care beds. This use is subject to the following restrictions:

Dimensional requirements:

	Minimum lot area:	5 acres
	Minimum front yard:	75 feet
	Minimum side yard:	50 feet
	Minimum rear yard:	50 feet

Maximum impervious surface ratio: 25%.

Maximum height: three stories, 35 feet.

Support facilities:

Retail facilities shall be for use of residents and their guests only. No outside advertising is permitted. The life care retail facilities may occupy no more than .1% of the total floor area.

	Retail facilities shall be limited to the following uses:
	Barber shop
	Beauty parlor
	Commissary
	Gift shop
	Handicraft shop
	Newsstand
	Pharmacy (as an adjunct to the life-care nursing facility)
	Snack bar/coffee shop
	Thrift shop

Life Care Nursing Facility. This facility shall be designed for the temporary and long-term care of the residents of the life care facility. Long-term nursing beds within this facility shall not exceed one bed per three dwelling units and two beds shall be equivalent to one bedroom in the determination of density.

Other support facilities may include, but are not limited to, lounge areas, reading rooms, craft rooms, common dining facilities and recreational rooms.

Open Space and Passive Recreational Area. At least 50% of the site area must be maintained as open space which shall not include detention basins, parking lots, accessory buildings or any impervious surfaces except those used for recreational purposes. At least 20% of the site, which may be considered part of the open space, shall be developed for passive recreation. This area shall include outdoor sitting areas and pedestrian walks. No outdoor sitting areas shall be located on land subject to flooding or on slopes in excess of 5%.

Fire Protection. All rooms in the life care facility shall be provided with sprinkler systems for fire protection and shall contain and be served by wet charged stand pipes to the top floor.

Location to Service. Due to the dependence of some elderly on alternate means of transportation and the need for acquiring access to primary services, a life care facility must be located within a 1/4 of a mile to the following services:

	Bank
	Barber shop
	Beauty parlor
	Drug store
	Dry cleaner
	Grocery store
	House of worship
	Library
	Movie house
	Post office
	Public transportation
	Regional shopping center
	Restaurant

If this is not possible, the developer of a life care facility shall submit to the Borough a transportation plan which shall outline a transportation service for the residents of the life care facility, to be provided by the owner or manager, providing access to these services at reasonable intervals. This plan must be approved by the Borough as a condition for approval of use.

Safety Features. The facility shall meet the standards and requirements for licensing as established by the Commonwealth of Pennsylvania or other agencies with jurisdiction.

Membership Club. An area of land or building owned, leased or occupied by an association of persons, operated solely for a social, fraternal, civic, cultural or educational purpose, and whose activities are confined to the members and guests.

No outdoor active recreation area shall be located nearer to any lot line than the required front yard depth.

Any eating and dining accommodations shall be incidental to the purpose of the club.

No loudspeaker or amplifying device shall be permitted which will project sound beyond the boundaries of the property.

No lighting shall be permitted which will shine on adjacent property.

Swimming pools and tennis facilities may be permitted as accessory uses to a membership club.

Museum. A building or use open to the public or connected with a permitted educational use, and not conducted as a private gainful business.

Nursing Home. A care facility licensed and approved by the Commonwealth of Pennsylvania to provide nursing care, intermediate care, or full-time convalescent or chronic care to individuals who require such care. Nursing homes must be licensed by the Pennsylvania Department of Health, and must meet all state requirements.

Outpatient Surgical Facility. Any facility where medical procedures are performed involving general anesthesia or the use of other anesthetics and controlled substances such that the patient is impaired from vacating the premises under his/her own volition.

The following may be permitted as an accessory use to an outpatient surgical facility:

WELLNESS CENTER

Such establishments are not permitted to operate spectator sports events.

All activities must be held indoors with the exception of walking trails or sidewalks internal to any tract on which such building is located.

Personal Care Facility. Facility licensed by the Pennsylvania Department of Welfare to provide personal care services in accordance with 55 Pa. Code, Chapter 2600.

Place of Worship. Any structure(s) used for worship or religious instruction, including social and administrative rooms accessory thereto, but not including any commercial activity except for place of worship-sponsored functions.

A cemetery may be an accessory use to a place of worship provided that the following requirements are met:

A buffer strip of at least 20 feet shall be provided between any building or burial site and the cemetery property line.

There shall be not more than one identification sign at each entrance.

No such entrance walls, signs or other entrance features shall exceed 12 feet in height.

Day care is permitted as an accessory use to a place of worship.

Public Maintenance Facility. A municipal or other governmental facility for the purpose of housing vehicles, equipment, and materials used in maintaining public services.

Public Park/Recreation Facility. A park, playground, field, or other indoor or outdoor recreational facility owned, leased, or licensed by the Borough, county or state.

Outdoor play areas shall be screened by a ten-foot wide planted buffer in accordance with § 27-404, Subsection 4, of this chapter.

School. Religious, sectarian and non-sectarian, denominational private school or public school which is not conducted as a private gainful business, not including a trade or commercial school.

The minimum lot area for elementary schools, junior high schools, middle schools, or high schools shall meet the guidelines of the Pennsylvania State Board of Education.

At least two means of ingress and egress shall be provided for emergency service vehicles to access the facility.

Outdoor play areas shall be at least 50 feet from all property lines. Outdoor play areas shall be screened with a planted buffer.

Visitors Center. A building or use designed to accommodate the distribution of information relating to the educational, cultural, recreational or other like interests of residents.

Business and Office Uses.

Animal Hospital. A building, structure, or area of land where animals are given medical care, other than the premises where such animals are normally kept.

A minimum lot size of at least 20,000 square feet shall be required for those animal hospitals treating small animals (e.g., cats, birds, exotic animals). A minimum lot size of at least 40,000 square feet shall be required for those animal hospitals treating large animals (e.g., cattle, horses, etc.).

All buildings in which animals are housed or provided care shall be located at least 20 feet from all lot lines. Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot be perceived at the lot lines.

Outdoor animal runs may be provided for small animals so long as a visual barrier at least four feet in height is provided between the runs and a double evergreen screen at least six feet in height is provided around the runs. No animal shall be permitted to use the outdoor runs from 8:00 p.m. to 8:00 a.m.

Use of the facility for boarding is prohibited (except for animals undergoing medical treatment) unless the boarding facility meets all requirements for Use 4P Kennel.

Medical Office. Office for medical, psychological or dental examination or treatment of persons as outpatients, including laboratories incidental thereto.

This use may include accessory uses such as chiropractic services, physical therapy, or massage therapy by massage therapists with certification from the National Certification Board for Therapeutic Massage and Bodywork or other recognized national certification board approved by Council.

Medical Treatment Clinic. An establishment for the care, diagnosis and treatment of sick or injured persons on an outpatient basis. Such use may not include surgical facilities, but may include specialized health services such as x-ray and laboratory facilities incidental thereto.

Office. Offices for business or professional use, including offices providing legal, engineering, design, insurance, brokerage, or other similar services, and which do not include retail activities and which are distinct from home offices.

Planned Business Park. A planned development of office and related uses which includes improvements for internal streets, coordinated utilities, landscaping and buffering.

Area and Dimensional Requirements.

Minimum site area:		6 acres (gross)
Minimum frontage:		150 feet along a public thoroughfare
Maximum building coverage:		30% of gross site area
Maximum impervious surface:		80% of gross site area
Minimum open space:		20% of gross site area
Maximum building height:		4 stories or 60 feet, whichever is less
Minimum yard requirements:¹
	Front yard:	20 feet
	Side yards:²	20 feet
	Rear yards:²	20 feet

	NOTES:
	¹	Except as specified for the HC-1 District (§ 27-311).
	²	Where a lot abuts a residential district, residence, school, playground, hospital, church, public library, the yard shall not be less than 80 feet.

Permitted Uses. Use 4G Bank; Use 2D Day Care Center; Use 3B Medical Office; Use 3D Office; Use 4BBI General Merchandise Store; Use 4N Health Club; Use 4Y Restaurant, Fast Food; Use 4AA Restaurant, Standard; Use 4BB3 Retail Store; 5E Transit Station.

At least 70% of the total floor space of the park shall be utilized for office uses.

Accessory outside storage or display of materials, goods, or refuse is not permitted within an office park.

Individual uses may be located in detached and attached structures.

All uses within the office park shall take access from an interior roadway. Access for the park shall be from an arterial or collector roadway.

All parking and loading facilities shall be located to the side or rear of buildings.

A pedestrian circulation system shall be provided as an integral part of the proposed development. The pedestrian circulation system shall include any one, or a combination of sidewalks, pathways and trails to provide reasonable access to all areas within the proposed development and suitable access to public throughfares adjacent to the site shall be provided.

Lighting facilities shall be provided and arranged in a manner which will protect the highway and neighboring properties from direct glare or hazardous interference of any kind.

All units shall be served by public water and public sewer. All utilities including water and sewer shall be in accordance with the requirements of Bristol Borough or appropriate utility provider. All utilities, including electric, telephone, cable and other utility services shall be installed underground.

The proposed development shall be constructed in accordance with an overall plan and shall be designed as a single architectural unit with appropriate landscaping and coordinated access.

All commonly owned elements shall be owned and maintained in accordance with the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3801 et seq., or other ownership arrangement approved by the Borough.

Retail and Consumer Service Uses.

Adult Business. All adult businesses shall comply with Chapter 13, Part 9, "Adult Business" 3 [Ord. 1148, 10/12/1999] in the Bristol Borough Code of Ordinances.

Amusement Halls and Arcade. An entertainment facility providing as its principal use automatic amusement devices or games, including pool or billiard rooms or similar locations used for these purposes.

An automatic amusement device or game is defined to be each coin-operated machine, mechanical machine or electronic machine, which operates or may be operated as a game or contest of skill or amusement of any kind or description.

No audio speakers or equipment shall be installed inside or outside the location of such use which would cause sounds to emanate to the exterior of the premises.

Such facilities shall be subject to adult management, with an adult manager(s) on premises at all times during operation.

Auto Repair Garage (Major Repairs). An establishment where motor vehicle parts and accessories are sold, facilities where parts may be installed, or an automobile repair garage including maintenance, servicing, paint spraying and body and fender work. This use includes the retail sales of motor vehicle parts and accessories separate from an automotive repair shop.

All installation of parts and accessories, repairs, maintenance, servicing, paint spraying, body work and fender work shall be performed within an enclosed building.

All provisions shall be made to prevent or minimize noise, odor, vibration, light or electrical interference to adjacent lots.

Outdoor storage of autos and other vehicles shall not exceed two times the indoor repair area, shall only be back of the front yard line and shall be no closer than 20 feet from side and rear lot lines.

Any vehicle on the premises longer than 48 hours shall be deemed a stored vehicle. No vehicle shall be stored in excess of 30 days.

Damaged vehicles parked on the lot shall be screened from view.

Refuse shall be stored within an enclosed building or screened with a landscaped fence in accordance with the requirements in § 27-404, Subsection 4H, of this chapter.

Such use must comply with state and federal requirements for ventilation.

Auto Repair Garage (Minor Repairs). A business which offers minor auto repairs and services including the following: sale and servicing of spark plugs, batteries and distributors and distributor parts; tire servicing and repair, but not recapping or regrooving; replacement of mufflers and tail pipes, water hoses, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, windshield wipers and wiper blades, grease retainers, wheel bearings, mirrors and the like; radiator cleaning and flushing; washing and polishing, and sale of automotive washing and polishing materials; greasing and lubrication; providing and repairing fuel pumps, oil filters and lines; minor servicing and repair of carburetors; emergency electrical repair; adjusting and repairing brakes; provision of road maps and other informational material to customers; provision of restroom facilities; and, state inspection and normal state inspection repairs.

All repair work shall be performed within an enclosed building. All refuse shall be stored within an enclosed building or screened with a landscaped fence in accordance with the requirements in § 27-404, Subsection 4H, of this chapter.

All provisions shall be made to prevent or minimize noise, odor, vibration, light or electrical interference to adjacent lots.

Outdoor storage of autos and other vehicles shall not exceed two times the indoor repair area, shall only be located behind the front yard line and shall be no closer than 20 feet from side and rear lot lines.

Any vehicle on the premises longer than 48 hours shall be deemed a stored vehicle. No vehicle shall be stored in excess of 10 days.

Damaged vehicles parked on the lot shall be screened from view.

Such use must comply with state and federal requirements for ventilation.

Auto Service Station. Buildings and land areas where gasoline, oil, grease, batteries, tires or automobile accessories are supplied and dispensed at retail and where minor auto repairs and services are conducted.

No entrance or exit shall be located within 200 feet of the entrance or exit of a school, library, theater, church, hospital, park or fire station.

No fuel pump shall be located within any required yard area.

Any vehicle on the premises longer than 48 hours shall be deemed a stored vehicle. No vehicle shall be stored in excess of 10 days.

Damaged vehicles parked on the lot shall be screened from view.

Such use may only be located on a collector or arterial roadway.

Access to the street shall be physically controlled by a concrete curb at least eight inches in height and 10 feet wide landscaped strip along all street frontages except where broken for the accessways.

All fuel tanks shall be placed underground.

All canopies and other structures shall meet the building setback requirements of the applicable zoning district.

Fuel pumps shall be at least 25 feet from the ultimate street right-of-way.

All underground storage tanks, associated pumps and piping and leak detection systems shall be designed and constructed using "state of the art" industry standards. The leak detection system shall be a continuous automated system.

The applicant shall present a plan to demonstrate the methods by which any underground leaks or spills of liquids will be continuously monitored and contained and shall also demonstrate that the stormwater management system is designed to capture volatile organic compounds, oils, and solids. The applicant shall also provide to the Borough a copy of a maintenance agreement setting forth the terms for the management of the facilities.

This use shall not be permitted within 1,000 feet of any pre-existing public or private drinking water supply source.

Convenience commercial floor area, for the sale of minor automobile accessories and food and beverage items, shall be limited to 800 square feet.

(14)

No drive-through windows are permitted for the sale of convenience items.

Auto/Boat/RV Sales. An open area, other than a street, used for the display, sale, or rental of new or used motor vehicles, recreation vehicles, or boats in operable condition, and where no major repairs are done.

All preparation, lubrication, repair and storage of parts shall be accessory to the principal use and shall be conducted within a building.

Storage or display of automobiles, trucks, boats, and other vehicles for sale shall be placed no closer to the ultimate street right-of-way line than 20 feet and shall be separated from the right-of-way by a landscaped strip, which shall be interrupted only for vehicular exits and entrances.

Access to the street shall be physically controlled by a concrete curb at least eight inches in height.

No parking space required for this use shall be used for the display of vehicles or boats for sale.

Parking areas for customers must be clearly delineated so as to separate them from display and storage areas.

Bank. Includes savings and loan, finance companies, credit unions and other similar enterprises.

If a drive-through facility is permitted by the zoning district requirements, the standards for accessory drive-through facility located in Subsection 7D of this section must be met.

Car Wash. Washing and cleaning of automobiles or other motor vehicles and related light equipment.

Car washing facilities shall use a water recycling system, which shall meet all local, state and federal requirements or standards, including the removal and proper disposal of suspended particulates.

Car washes shall be designed with a stacking area to accommodate a minimum of eight cars. The stacking area shall not in any way conflict with through circulation or parking.

Check Cashing Facility. A business which is not a bank (Use 4G) subject to federal and state regulation that charges either a flat fee or a fee based on a percentage of the face value of a check to be cashed or processed by such establishment and provides such service to the public. This use shall be subject to the following provisions:

The building or structure of such use shall be located no less than 1,000 feet from any residential use or district, school, place of worship, day care center, recreation facility, public park, pawn shop or another check cashing facility.

The sale of convenience-type products may be permitted as an accessory use and shall be limited to a maximum floor area of 250 square feet.

Conference Center. A building or use designed to accommodate the gathering of a group or association of common interest for the formal or informal exchange of views, etc.

Farmers Market. An activity that is generally described as a building and/or open space, public or private, equipped with booths, stalls, and tables where there is a gathering of people for the purpose of buying and selling a variety of items related to farm and garden products. This use does not include those activities resembling a farmers market that are sponsored by the Borough.

Standards. Farmers markets must comply with all of the following regulations:

Farmers markets must be sponsored by the property owner or a formal committee or organization and may accommodate any number of individual vendors.

Farmers markets sponsored by a formal committee or organization are allowed only with the written permission and consent of the property owner.

The majority of commodities to be sold at a farmers market shall be produced in Bucks County, Pennsylvania, and/or Burlington County, New Jersey, and shall be limited to:

Farm and garden produce and agricultural products such fruits and vegetables, plants, flowers, nuts and seeds, meat, poultry, fish, dairy products, and honey.

Baked goods, processed food items (such as jams, jellies, salsas, and sauces), and hot or cold beverages.

Handmade arts and crafts related to gardening or outdoor living, handmade soaps and lotions, and similar non-mass-produced items.

Food items prepared or assembled on site may not be sold at farmers markets.

The sponsor of a farmers market must provide the Borough proof of liability insurance sufficient to cover the owner of land where a market is located and market participants.

Sufficient parking must be provided such that the farmers market does not create parking or traffic congestion on or around the property where the market is located. Written permission must be obtained from the owner of any private parking areas used to serve the farmers market.

Farmers markets may not be established in any manner that impedes or impairs emergency service ingress and egress to any fire hydrant or building. No farmers market vendor or any vehicle associated with the farmers market shall be located within 15 feet of any fire hydrant.

The sponsoring committee, owner, or organization is responsible for supervising and ensuring the remittance of sales tax from farmers market sales to the state tax commission.

All tents, booths, tables, and other temporary structures used in the operation of an outdoor farmers market must be removed from the farmers market site at the conclusion of each day the market is in operation.

All trash, fruit or produce remnants, debris, and general litter must be removed from the farmers market site at the conclusion of each day the market is in operation. The sponsoring committee or organization is responsible for ensuring the general cleanup of the farmers market area at the conclusion of each day of operation.

Health Department Supervision. Each vendor selling processed foods, baked goods, meats, eggs, dairy products, or other goods that may be a health concern is subject to approval of the county health department and shall operate according to the Department's rules and regulations.

Months of Operation and Days Open for Outdoor Farmers Markets. Outdoor farmers markets shall only operate during the months of April through November of each year and for a maximum of two nonconsecutive days per week. In the event more than one outdoor farmers market is established in the Borough, the Zoning Officer shall designate permissible days and times for each market to operate.

Signage for Outdoor Farmers Markets. A total of 32 square feet of sign area shall be permitted. The sign area may be divided into no more than two signs. The signs may be put in place no more than 48 hours prior to when the farmers market is actually in operation and must be removed within 24 hours after the market is closed for the season. No more than 32 square feet of sign area for the farmers market shall be permitted at any time on any one property. No internally lighted signs or portable signs on wheels shall be permitted. The signs must have a sign permit and shall be subject to all applicable requirements of this chapter.

Application and Zoning Permit for Outdoor Farmers Markets. A zoning permit application for a farmers market shall be filed with the Zoning Officer, who shall review the application and issue a zoning permit if the proposed market complies with all the standards of this chapter. The zoning permit application shall contain the following required information:

Name of the applicant and organizational affiliation.

A current copy of the sponsoring committee's or organization's by-laws or rules of operation.

Letter of authorization from the owner of the property on which the farmers market is proposed to be located.

Existing zoning of site and contiguous properties.

Site plan, drawn to scale, showing proposed locations of all market uses as well as existing permanent structures and parking areas.

The proposed dates and times the market will be in operation.

Proof of liability insurance sufficient to cover the owner of land where the market is located and market participants.

Color rendering of temporary signage associated with the market and letters of authorization from property owners where the signage will be hung.

Suspension of Zoning Permit. The Zoning Officer is authorized to conduct inspections of the farmers market to ensure compliance with the standards of this section. The zoning permit shall be suspended and the market immediately ceased in the event the Zoning Officer finds the market violates any of the provisions of this section or the conditions set forth in the zoning permit. The permit may be reinstated at such time as the violation is corrected.

Forestry/Timber Harvesting. The management of forests and timberlands when practiced in accordance with accepted forestry principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve any land development. Clear cutting or selective cutting of forest or woodlands for development, building, subdivision, or any other land use change is not forestry.

Applicability. A zoning permit shall be required for all forestry/timber harvesting activities; however, an individual property owner need not obtain a permit to cut a tree or trees as part of normal home maintenance and upkeep, and the following activities are specifically exempted:

Removal of diseased or dead trees.

Removal of trees, which are in such a condition or physical position as to constitute a danger to the structures or occupants of properties or a public right-of-way.

Forestry Plan. Every landowner on whose land timber harvesting is to occur shall prepare a written logging plan in the form specified by this chapter. No timber harvesting shall occur until the plan has been prepared. The provisions of the plan shall be followed throughout the operation. The plan shall be available at the harvest site at all times during the operation and shall be provided to the Borough upon request.

Responsibility for Compliance. The landowner and the operator shall be jointly and severally responsible for complying with the terms of the logging plan.

Contents of the Forestry/Logging Plan.

Design, construction, maintenance of the access system, including haul roads, skid roads, skid trails and landings.

Design, construction and maintenance of stream and wetland crossings.

The general location of the proposed operation in relation to municipal and state highways, including any accesses to those highways.

Copies of all required permits shall be submitted.

Proof of current general liability and/or workers' compensation insurance.

Proof of PennDOT highway occupancy permit or Borough driveway permit for temporary access, as applicable.

Copy of Bucks County Conservation District "letter of adequacy" for the proposed erosion control facilities, including associated plans, reports and other permits as required.

Map showing site location and boundaries, including both the boundaries of the property on which the timber harvest will take place and the boundaries of the proposed harvest area within that property.

Significant topographic features related to potential environmental problems.

Location of all earth disturbance activities such as roads, landings and water control measures and structures.

Location of all crossings of streams or waters of the Commonwealth.

Compliance with All Laws. The forestry/logging plan shall address and comply with the requirements of all applicable federal, state and Borough laws and regulations including, but not limited to, the following:

Erosion and sedimentation control regulations contained in 25 Pa. Code, Chapter 102, promulgated pursuant to the Clean Streams Law, 35 P.S. § 691.1 et seq.

Stream crossing and wetlands protection regulations contained in 25 Pa. Code, Chapter 105, promulgated pursuant to the Dam Safety and Encroachments Act, 32 P.S. § 693.1 et seq.

Stormwater management plans and regulations issued pursuant to the Stormwater Management Act, 32 P.S. § 680.1 et seq.

Compliance with Federal Law/Regulations. The forestry/logging plan shall address and comply with the requirements of all applicable federal laws and regulations including, but not limited to, the best management practices (BMPs).

Compliance with Borough Ordinances. The forestry/logging plan shall comply with the requirements of this chapter.

Forestry Practices. The following requirements shall apply to all forestry/timber harvesting operations.

Felling or skidding on or across any public thoroughfare is prohibited without the express written consent of the Borough or the Pennsylvania Department of Transportation, whichever is responsible for maintenance of the thoroughfare.

No forestry refuse shall be left on or within 25 feet of any public thoroughfare.

Litter resulting from a timber harvesting operation shall be removed from the site before it is vacated by the operator.

Any soil, stones and/or debris carried onto public roadways must be removed immediately.

No forestry/logging use shall be permitted within areas with slopes of 15% or greater.

When the harvest is completed, both dirt roads used by the trucks and skid roads used to drag the logs from the woods to the loading area must be graded approximately to original contours, and be seeded and mulched as necessary to establish stable ground cover.

A "no logging" buffer zone with a width of 25 feet shall be maintained along any street abutting or running through a property on which the forestry/logging operation is to be conducted. The buffer shall be measured from the ultimate right-of-way of a public street and from the easement boundary of a private street. No trees shall be cut, removed, skidded, or transported in a "no logging" buffer zone except as necessary for access to site from the street.

A "no logging" riparian buffer zone with a width of 50 feet shall be maintained along both sides of any watercourse or canal that abuts or runs through a property on which the forestry, logging, or timber harvest operation is to be conducted. The buffer shall be measured from the high water mark of the watercourse or canal. No trees shall be cut, removed, skidded, or transported in a "no logging" riparian buffer zone.

Funeral Home. An establishment for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial. This use does not include a crematory.

The facility must be operated by a licensed funeral director.

The facility must meet all state licensing requirements.

Health Club. A building and associated land used as a health club operated as a gainful business which may include, inter alia, indoor and outdoor court games played with a ball such as racquetball, handball, squash, tennis, basketball and volleyball; facilities for exercise equipment, swimming, sauna, steam rooms and facilities related thereto.

No outdoor active recreation area shall be located nearer to any lot line than the required front yard depth.

Outdoor recreation areas shall be sufficiently screened and isolated so as to protect the neighborhood from inappropriate noise and other disturbances.

Except for a snack bar, dining services and/or the service of alcoholic beverages shall not be part of the regular activities at the facility.

This use may include therapeutic massage services provided that such services constitute no more than 20% of the revenue of the health club based on gross receipts.

Hotel, Motel and Inn. A building or group of buildings which contains six or more rental units for overnight lodging of travelers or for the temporary occupancy of transients, licensed under applicable laws.

Motels, hotels and inns may contain the following accessory facilities: eating place, tavern, conference and meeting rooms, and banquet rooms.

Kennel. A place where dogs or cats are boarded for a fee. In addition to the principal use as a boarding facility, the kennel may include as accessory uses training, grooming, limited breeding, or dog day care.

All kennels shall provide the minimum area for kennels required by state regulations.

All buildings in which animals are housed and all runs shall be located at least 100 feet from all lot lines.

Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot be perceived at the lot lines.

Outdoor runs may be provided so long as a visual barrier at least four feet in height is provided between the runs and a planting screen of double evergreen plantings at least six feet in height is provided around the runs. The evergreens shall be selected from the plant materials list in § 27-404, Subsection 4P, of this chapter. No animal shall be permitted to use the outdoor runs from 8:00 p.m. to 8:00 a.m.

All areas used for training of animals shall be enclosed by a fence not less than six feet in height. The fence shall be no closer than 12 feet from any property line.

All kennels shall be licensed under the Dog Law of 1982, P.L. 784-255, 3 P.S. § 459-101 et seq., as amended.

Laundromat. An establishment equipped with individual coin-operated self-service laundry and dry-cleaning equipment for customer use on the premises.

In the TC and NC Districts, a laundromat shall not exceed 2,500 square feet in gross floor area.

Such use shall be permitted to operate only from 6:00 a.m. to 10:00 p.m.

The Fire Marshal shall have certified that the premises, machines, equipment and materials are in compliance with the Fire Code.

An attendant over 21 years of age and trained in the use of the equipment on the premises, shall be employed by the licensee and shall be present at all times the establishment is open for business.

Marina. An area designated for the temporary, seasonal or permanent storage, docking or repair of boats or other water-dependent vehicles or uses including, but not limited to, yacht club, marina offices and club area for marina members or customers, docks, lifts, ramps or other appurtenant structures. A marina also specifically includes all customary uses ordinarily found at marinas including, but not limited to: temporary, seasonal or permanent storage of boats or water dependent vehicles either in water or on land, retail or commercial uses, including the sale of liquid fuels and marina supplies and the repair of boats or other water dependent vehicles. A commercial or private facility used for the mooring and storage of recreational watercraft and boats with direct waterfront access to an open water body. Such use may include the sale of fuel and supplies associated with the servicing of boats both in and out of the water.

No boats offered for sale shall be displayed in the required front or side yards established for the zoning district.

New or expanded marinas must provide a direct sewer connection to the Borough sanitary sewer system for the servicing of overnight or transient boats. Permanent live-aboard use of marina slips is prohibited.

All boat maintenance shall be done in a designated area and in such a manner as to preclude the contamination of any water body. Any runoff from the designated maintenance area shall be collected and treated prior to discharge.

There shall be no covered wet slips in the marina, nor shall the establishment of a marina significantly alter natural water circulation or salinity patterns. Disturbances to wetlands or aquatic plant beds and habitats shall be minimized to the greatest extent possible.

All marina activities including dredging, shall comply with state and federal requirements.

If fuel is available at the marina, the applicant must provide the Borough with a spill contingency plan. Within that plan shall be information pertaining to the type and location of all tanks, spill containment equipment, information for emergency shutdown of pump equipment and a description of the training that will be provided to marina personnel prior to their operation of any refueling equipment. This plan must be approved by the Borough Fire Marshal.

Boat maintenance activities in new or expanded marina sites shall be located as far as possible from open water bodies in order to reduce contamination of water bodies by toxic substances common to boat maintenance. Paint chips and cleaning agents must be kept in hull maintenance areas so as to avoid contaminating surface water. Runoff from boat maintenance activities must be collected and treated prior to discharge.

Massage Therapy. An establishment which has as its primary business purpose the treating of the superficial parts of a patron for medical, hygienic, exercise or relaxation purposes by rubbing, stroking, kneading, tapping, pounding, vibrating or stimulating with hands, feet or any instrument. Provided, however, that this definition shall not include any business establishment operated by or employing licensed psychologists, licensed physical therapists, licensed athletic trainers, licensed cosmetologists or licensed barbers engaged in performing functions authorized under the license held; and, provided further, however, that this definition shall not include any business or establishment operated by or employing licensed physicians or licensed chiropractors engaged in practicing the healing arts.

Miniature Golf Course. A commercial recreation facility where players use a golf club to putt a ball into each hole on the course using the least possible number of strikes.

Nursery/Greenhouse. The raising of trees (for transplanting), ornamentals, shrubs, flowers, or houseplants for any commercial purpose.

Pawn Shop (Pawnbroking).

A business engaged in:

Lending of money on the deposit or pledge of personal property, securities, or written evidences of indebtedness.

Purchasing personal property with an expressed or implied agreement or understanding to sell it back at a subsequent time at a stipulated price.

Lending money upon goods, wares, or merchandise pledged, stored, deposited as collateral.

This use shall be subject to the following provisions:

The sale of convenience-type products may be permitted as an accessory use and shall be limited to a maximum floor area of 250 square feet.

The sale of firearms shall be in accordance with the Bureau of Alcohol, Tobacco, and Firearms, federal firearms licensing requirements.

Personal Service. A business that provides a service oriented to the care of a person or his or her apparel including, but not limited to, the following: a barber shop, beauty shop, nail salon, tattoo parlor, shoe repair, tailor, photographic studio, etc. A personal service business may include dry cleaning establishments but does not include any industrial processing or industrial use such as dry cleaning processing.

Private Recreation Facility. Buildings, structures or land used as a recreation center owned or operated by a nongovernmental agency and whose use is conducted as a private gainful business. Such use shall not include Use 4T Miniature Golf Course, Use 4JJ Commercial Swimming Pool, or Use 4B Amusement Hall and Arcade as defined in this chapter.

Outdoor play areas shall be screened by a ten-foot wide planted buffer in accordance with § 27-404, Subsection 4, of this chapter.

Restaurant, Fast Food. A restaurant providing for an inside window or service area or cafeteria line where customers place their orders and food is served for consumption at seating areas within the building and for customer take-out. This type of restaurant may also have a drive-through service. Outdoor eating and food service is permitted as a use accessory to a restaurant use only when permitted as a special exception and only where the requirements set forth in Subsection 7M for outdoor eating as accessory to food service are met.

Trash receptacles shall be provided outside the restaurant for patron use. Outdoor collection stations shall be provided for garbage and trash removal. These stations shall be located to the rear of the structure and shall be screened from view and landscaped in accordance with the requirements in § 27-404, Subsection 4H, of this chapter.

All areas not covered by buildings, structures, parking areas or access drives shall be landscaped.

May provide an outdoor menu board, which shall be considered a sign, if drive-through service is provided from within the building to customers in their vehicles.

If a drive-through facility is provided, the standards for accessory drive-through facility located in Subsection 7D of this section must be met.

A planted buffer 10 feet in width shall be provided along all property lines.

The use must have direct access to a collector or arterial street.

There shall be only one point of ingress and only one point of egress per collector or arterial street.

When this use is adjacent to, or on the same lot with a group of commercial facilities, it shall use the common access with the other business establishments and not have a separate access to the abutting collector or arterial street.

A pedestrian walkway shall be provided between an existing sidewalk and the entrance to the restaurant.

Restaurant, Food Take-Out Establishment. A place such as a snack bar, dairy bar, or hamburger or hotdog stand where customers are served at a service area or an exterior window and where no inside seating facilities are provided. Outdoor eating and food service is permitted as a use accessory to a restaurant use only when permitted as a special exception and only where the requirements set forth in Subsection 7M for outdoor eating as accessory to food service are met.

Restaurant, Standard. An establishment used for the purpose of furnishing meals to the public which are to be consumed within the building or the place of business, with limited take-out service and where waiters and/or waitresses serve all food and beverages to patrons, but does not include drive-through, drive-up, or walk-up window service, which are prohibited. Outdoor eating and food service is permitted as a use accessory to a restaurant use only when permitted as a special exception and only where the requirements set forth in Subsection 7M for outdoor eating as accessory to food service are met.

Outdoor collection stations shall be provided for garbage and trash removal. These stations shall be located to the rear of the structure and shall be screened from view and landscaped in accordance with the requirements in § 27-404, Subsection 4H, of this chapter.

The sale of alcoholic beverages must be incidental to the sale and consumption of food.

Retail Establishments.

General Merchandise Store. A building containing one business with 5,000 — 10,000 square feet of floor area in which retail merchandise is sold. This use shall not include the sale of gasoline.

Retail Center. A building containing one business with over 10,000 square feet or more of floor area in which retail merchandise is sold. This use shall not include the sale of gasoline.

If shopping carts are to be used, cart corrals shall be provided in addition to the required parking spaces.

Loading docks shall be shielded from view and shall not be visible from adjacent residential districts or from public streets.

All loading docks, trash containment areas and outside work areas shall be constructed in such a manner as to promote sound abatement. No trash pickup may occur between 9:00 p.m. and 6:00 a.m. when this use abuts a residential property.

Unregistered or unlicensed tractor trailers, cargo boxes, or other vehicles or structures meant to be transportable shall not be permitted to be used as accessory building or structures for storage.

Outdoor collection station shall be provided for garbage and trash removal. These stations shall be located to the rear of the structure and shall be screened from view and landscaped in accordance with the requirements in § 27-404, Subsection 4H, of this chapter.

Retail Store. A building containing one business with less than 5,000 square feet in floor area in which retail merchandise is sold. This use shall not include the sale of gasoline.

Sale or Storage of Fireworks. Facilities engaged in the storage or sale of fireworks. Fireworks are defined as follows:

FIREWORKS

Any combustible or explosive composition or any substance or combination of substances or, except as hereinafter provided, any article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, and shall include blank cartridges and toy cannons in which explosives are used, the type of balloons which require fire underneath to propel the same, firecrackers, torpedoes, skyrockets, Roman candles, aerial fireworks, or other fireworks of like construction and any fireworks containing any explosive or flammable compound or any tablets or other device containing an explosive substance.

No fireworks sales or storage use shall be located within 300 feet of any residential use or residential district.

The facility shall be licensed by the Department of Agriculture in accordance with the licensing requirements as set forth by the Commonwealth of Pennsylvania.

The facility shall be in a stand alone building and shall be no larger than 12,000 square feet, from which no other uses shall be permitted.

Storage areas shall be separated by appropriately rated fire separation from wholesale or retail sale areas to which a purchaser may be admitted.

The facility shall be located no closer than 250 feet from any facility selling or dispensing gasoline, propane or other such flammable products.

The facility shall be located no closer than 250 feet from any facility licensed to sell consumer fireworks.

The facility shall have a monitored burglar and fire alarm system.

The hours of operation shall be no earlier than 9:00 a.m. and no later than 10:00 p.m. prevailing time.

The facility shall be served by public water and sewer.

The proposed facility shall otherwise comply in all respects with the requirements and standards more fully set forth in the Fireworks Law, 35 P.S. § 1271 et seq., the Pennsylvania Construction Code Act, 35 P.S. § 7210.101 et seq., and the Pennsylvania Uniform Construction Code, 34 Pa. Code § 401 et seq., as enacted by the General Assembly of the Commonwealth of Pennsylvania.

Shopping Center. A neighborhood shopping center, which is planned and designed as a complex of related structures and circulation patterns.

Minimum lot area: five acres.

The following uses shall be permitted as part of the Shopping Center use: Use 3B Medical Office, Use 3D Office, Use 4G Bank, Use 4N Health Club, Use 4BB1 General Merchandise Store, Use 4Y Restaurant, Fast Food, Use 4Z Restaurant, Food Take-Out, Use 4AA Restaurant, Standard, Use 4BB3 Retail Store, Use 4BB2 Retail Center, Use 4FF Theater (Indoor), Use 6M Repair Shop.

Such centers may only be located on an arterial or collector roadway.

No building or permanent structure, other than a permitted sign, shall be erected within 100 feet of a street line, or within 50 feet of any property line, except as specified for the HC-2 District (§ 27-312).

No parking, loading, or service area shall be located less than 50 feet from any property line, including the street line. Parking shall be arranged so that at least 50% of the required parking is located to the side or rear of the shopping center buildings, except as specified for the HC-2 District (§ 27-312).

Loading docks shall be shielded from view and shall not be visible from adjacent residential districts or from public streets.

Parking, loading or service areas shall not be permitted within the required buffer yards.

The proposed development shall be constructed in accordance with an overall plan and shall be designed as a single architectural style that reflects the building mass, materials, style and character of Bristol Borough. No unconnected building pads are permitted.

Within a tract to be used for a shopping center, subdivision of the tract into individual lots is not permitted initially or after the use is established.

All structures in a shopping center shall be connected either as a part of one large structure or by means of pedestrian ways or walkways on which pedestrians can move from one building to another without unsafe interference from vehicular traffic. Pedestrian connections shall be provided to sidewalks adjoining the shopping center.

Outdoor collection station shall be provided for garbage and trash removal. These stations shall be located to the rear of the structure and shall be screened from view and landscaped. Outdoor collection stations shall be provided for garbage and trash removal in accordance with the requirements in § 27-404, Subsection 4H, of this chapter.

Tavern. A bar, saloon, or similar establishment where liquors and beer are primarily sold to be consumed on the premises. The sale of food for consumption on the premises as an accessory use is permitted.

Theater (Indoor). A commercial facility providing entertainment in the form of performers, music, theater, or movies, not including adult business.

If food or beverages are served, all requirements for restaurants and outdoor eating, if applicable, shall be met.

No amplified music or sound is permitted. All activities, including the playing of music, shall comply with the noise limitations of this chapter and the Bristol Borough Code of Ordinances, whichever is stricter.

Outdoor lighting shall not shine onto adjoining properties. Light standards shall not exceed a height of 15 feet and light fixtures shall be focused downward with a shield, preventing light from shining on adjacent properties.

Banquet Hall. A facility available for special dinners, banquets or other dining events by prearrangement with the management of the facility for groups or parties and not open to the general public on a daily basis. Such establishments may include full kitchen facilities and a catering facility, as defined in Subsection 4HH. This use shall not be considered a restaurant (fast food, food take-out establishment, or standard).

HH.

Catering Facility. The use of a building or part of a building where food or beverages, or both, are prepared on the premises and picked up or delivered for off-site consumption as part of a banquet or other dining event for groups or parties. Where such facility is housed on the same premises or within the same building as a banquet facility, as defined in Subsection 4GG, food and beverages may also be served and consumed on-site. This use shall not be considered a restaurant (fast food, food take-out establishment, or standard).

II.

General Auction. A public or private sale conducted by competitive bidding for goods, new or used, that occurs on a regular basis.

Outdoor sales areas shall not be located in the minimum front, side or rear yards and shall be set back at least 25 feet from any lot line or street line.

Tables and other accessories which are used for outdoor auction activities shall be stored within a completely enclosed building when the auction is not operating.

Outdoor auction activities shall not encroach upon required parking areas and shall not interfere with traffic movement on the site.

No amplified sound is permitted for outdoor auction activities.

Activities and displays shall be sufficiently screened from adjacent properties to the satisfaction of Borough Council.

JJ.

Commercial Swimming Pool. Any man-made area containing water with a depth greater than 24 inches that is intended primarily for swimming and recreational purposes by the public or by members for a fee.

A zoning permit shall be required to locate, construct or maintain a commercial swimming pool.

Commercial swimming pools must be located a minimum of 15 feet from any lot line and may not be located under or within 15 feet of electric lines (including service lines), or over any on-lot sewage disposal field. No portion of any walkway or pool appurtenance structure shall be closer than five feet to any lot line.

All commercial swimming pools shall be entirely enclosed by a minimum seven-foot high chain link, stockade, picket (not exceeding three-inch spacing), solid wood fence, building wall, or such other material as may be acceptable, at the discretion of the building inspector, to carry out the intent of this chapter. All gates or doors opening through such enclosure shall be kept securely closed and locked at all times when the pool is not in actual use and locks or latches shall be placed so as to be inaccessible to children. All other Pennsylvania Uniform Construction Code (PaUCC) requirements for the securing and fencing of pools shall be followed.

Access to Above-Ground Pools. All detachable ladders shall be removed when the pool is not in use.

No loudspeaker or amplifying device shall be permitted which will project sound beyond the boundaries of the property or the lot where such pool is located.

No lighting or spot light shall be permitted which will shine directly upon or beyond the bounds of the property or lot where such pool is located. If underwater lighting is used for pool illumination, such lighting shall be in compliance with the applicable National Electric Code.

If the water for such pool is supplied from a private well, there shall be no cross-connection with the public water supply system. If the water for such pool is supplied from the public water supply system, the inlet shall be above the overflow level of said pool.

The draining of all pools shall comply with the environmental protection requirements of Part 5 of this chapter.

All pools shall meet the applicable state and federal public bathing requirements.

The Borough Zoning Officer shall inspect each pool annually to ensure continued compliance with this chapter.

The pool shall comply with the applicable sections of the Bristol Borough Code of Ordinances, regulating the construction, operation and maintenance of swimming pools.

Utility, Service and Transportation Uses.

Wireless Communications Facilities.

[Amended by Ord. No. 1324, 3/12/2018]

General and Specific Requirements for Non-Tower Wireless Communications Facilities.

The following regulations shall apply to all non-tower WCFs that do not meet the definition of a small WCF:

[Amended by Ord. No. 1331, 9/9/2019]

Permitted in All Zones Subject to Regulations. Non-tower WCFs are permitted in all zones subject to the restrictions and conditions prescribed below and subject to applicable permitting by the Borough.

Nonconforming Wireless Support Structures. Non-tower WCFs shall be permitted to co-locate upon nonconforming tower-based WCFs and other nonconforming structures. Co-location of WCFs upon existing tower-based WCFs is encouraged even if the tower-based WCF is nonconforming as to use within a zoning district.

Standard of Care. Any non-tower WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including, but not limited to, the most-recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code. Any WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Borough.

Wind and Ice. All non-tower WCF structures shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the Engineering Departments of the Electronics Industry Association and Telecommunications Industry Association (ANSI/EIA/TIA-222, as amended).

Aviation Safety. Non-tower WCFs shall comply with all federal and state laws and regulations concerning aviation safety.

Public Safety Communications. Non-tower WCFs shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

Radio Frequency Emissions. A non-tower WCF shall not, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65, entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.

Removal. In the event that use of a non-tower WCF is discontinued, the owner shall provide written notice to the Borough of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs, or portions of WCFs, shall be removed as follows:

All abandoned or unused WCFs and accessory facilities shall be removed within 60 days of the cessation of operations at the site, unless a time extension is approved by the Borough.

If the WCF or accessory facility is not removed within 60 days of the cessation of operations at a site, or within any longer period approved by the Borough, the WCF and/or associated facilities and equipment may be removed by the Borough and the cost of removal assessed against the owner of the WCF.

Insurance. Each person that owns or operates a non-tower WCF shall provide the Borough with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the non-tower WCF.

Indemnification. Each person that owns or operates a non-tower WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the Borough, its elected and appointed officials, employees and agents at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the non-tower WCF. Each person that owns or operates a non-tower WCF shall defend any actions or proceedings against the Borough in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of a non-tower WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.

Maintenance. To the extent permitted by law, the following maintenance requirements shall apply:

The non-tower WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

Such maintenance shall be performed on an annual basis to ensure the upkeep of the facility in order to promote the safety and security of the Borough's residents.

All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.

The following regulations shall apply to all co-located non-tower WCFs that do not substantially change the physical dimensions of the wireless support structure to which they are attached, and/or fall under the Pennsylvania Wireless Broadband Collocation Act:

Building Permit Required. WCF applicants proposing the modification of an existing tower-based WCF shall obtain a building permit from the Borough. In order to be considered for such permit, the WCF applicant must submit a permit application to the Borough in accordance with applicable permit policies and procedures.

Timing of Approval for Applications That Fall Under the WBCA. Within 30 calendar days of the date that an application for a non-tower WCF is filed with the Borough, the Borough shall notify the WCF applicant, in writing, of any information that may be required to complete such application. Within 60 calendar days of receipt of a complete application, the Borough shall make its final decision on whether to approve the application and shall advise the WCF applicant, in writing, of such decision. If additional information was requested by the Borough to complete an application, the time required by the WCF applicant to provide the information shall not be counted toward the Borough's sixty-day review period. The timing requirements in this section shall only apply to proposed facilities that fall under the Pennsylvania Wireless Broadband Collocation Act.

Accessory Equipment. Ground-mounted accessory equipment greater than three cubic feet shall not be located within 50 feet of a lot in residential use or zoned residential.

Permit Fees. The Borough may assess appropriate and reasonable permit fees directly related to the Borough's actual costs in reviewing and processing the application for approval of a non-tower WCF or $1,000, whichever is less.

The following regulations shall apply to all non-tower WCFs that do substantially change the wireless support structure to which they are attached, or that otherwise do not fall under the Pennsylvania Wireless Broadband Collocation Act:

Noncommercial Usage Exemption. Borough residents utilizing satellite dishes, citizen and/or band radios, amateur (ham) radios, and antennas for the purpose of maintaining television, phone, and/or internet connections at their respective residences shall be exempt from the regulations enumerated in this section.

Prohibited on Certain Structures. No non-tower WCF shall be located on single-family detached residences, single-family attached residences, twin-homes, duplexes, or any residential accessory structure.

Special Exception Authorization Required. Any WCF applicant proposing the construction of a new non-tower WCF, or the modification of an existing non-tower WCF, shall first obtain a special exception authorization from the Borough. New constructions, modifications, and replacements that do fall under the WBCA shall not be subject to the special exception process. The special exception application shall demonstrate that the proposed facility complies with all applicable provisions in this chapter.

Historic Buildings. No non-tower WCF may be located upon any property or on a building or structure that is listed on either the National or Pennsylvania Register of Historic Places, or is listed on the official historic structures and/or historic districts list maintained by the Borough, has been designated by the Borough to be of historical significance, or is located in the Bristol Historic Overlay District.

Retention of Experts. The Borough may hire any consultant(s) and/or expert(s) necessary to assist the Borough in reviewing and evaluating the application for approval of the WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of these WCF provisions. The WCF applicant and/or owner of the WCF shall reimburse the Borough for all costs of the Borough's consultant(s) in providing expert evaluation and consultation in connection with these activities.

Development Regulations. Non-tower WCFs shall be located or co-located on existing wireless support structures, such as existing buildings or tower-based WCFs, subject to the following conditions:

The total height of any wireless support structure and mounted WCF shall not exceed 20 feet above the maximum height permitted in the underlying zoning district.

In accordance with industry standards, all non-tower WCF applicants must submit documentation to the Borough justifying the total height of the non-tower WCF. Such documentation shall be analyzed on an individual basis.

If the WCF applicant proposes to locate the accessory equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district.

A security fence of not less than eight feet shall surround any separate communications equipment building. Vehicular access to the communications equipment building shall not interfere with the parking or vehicular circulation on the site for the principal use.

Design Regulations. Non-tower WCFs shall employ stealth technology and be treated to match the wireless support structure in order to minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Borough.

Removal, Replacement and Modification.

The removal and replacement of non-tower WCFs and/or accessory equipment for the purpose of upgrading or repairing the WCF is permitted, so long as such repair or upgrade does not substantially change the overall size of the WCF or the number of antennas.

Any material modification to a WCF shall require notice to be provided to the Borough and possible supplemental permit approval to the original permit or authorization.

Inspection. The Borough reserves the right to inspect any WCF to ensure compliance with the provisions of this chapter and any other provisions found within the Borough Code or state or federal law. The Borough and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

Regulations Applicable to All Non-Tower WCFs located in the Public Rights-of-Way. In addition to the applicable non-tower WCF provisions listed in Subsection 5A(1), the following regulations shall apply to non-tower WCFs located in the public rights-of-way:

Location. Non-tower WCFs in the ROW shall be located or co-located on existing poles, such as existing utility poles, light poles, or traffic lights. If co-location is not technologically feasible, the WCF applicant shall locate its non-tower WCF on existing poles or freestanding structures that do not already act as wireless support structures with the Borough's approval. The placement of non-tower WCFs shall comply with all PennDOT requirements, as applicable.

Design Requirements:

WCF installations located above the surface grade in the public ROW, including, but not limited to, those on streetlights and joint utility poles, shall consist of equipment components that are no more than six feet in height and that are compatible in scale and proportion to the structures upon which they are mounted. All equipment shall be the smallest and least visibly intrusive equipment feasible.

Antennas and accessory equipment shall be treated to match the supporting structure and may be required to be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.

Time, Place and Manner. The Borough shall determine the time, place and manner of construction, maintenance, repair and/or removal of all non-tower WCFs in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Borough and the requirements of the Public Utility Code.

Equipment Location. Non-tower WCFs and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the ROW as determined by the Borough. In addition:

In no case shall ground-mounted accessory equipment, walls, or landscaping be located within 18 inches of the face of the curb or within an easement extending onto a privately owned lot.

Ground-mounted accessory equipment that cannot be placed underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Borough.

Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Borough.

Any graffiti on any wireless support structures or any accessory equipment shall be removed at the sole expense of the owner.

Any proposed underground vault related to non-tower WCFs shall be reviewed and approved by the Borough.

Accessory equipment attached to the wireless support structure shall have 12 feet of vertical clearance above finished grade.

Relocation or Removal of Facilities. Within 60 days following written notice from the Borough, or such longer period as the Borough determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Borough, consistent with its police powers and applicable Public Utility Commission regulations, shall have determined that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

The construction, repair, maintenance or installation of any Borough or other public improvement in the right-of-way;

The operations of the Borough or other governmental entity in the right-of-way;

Vacation of a street or road or the release of a utility easement; or

An emergency as determined by the Borough.

Reimbursement for ROW Use. In addition to permit fees as described in this section, every non-tower WCF in the ROW is subject to the Borough's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Borough's actual ROW management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Borough. The owner of each non-tower WCF shall pay an annual fee to the Borough to compensate the Borough for the Borough's costs incurred in connection with the activities described above.

General and Specific Requirements for All Tower-Based Wireless Communications Facilities.

The following regulations shall apply to all tower-based wireless communications facilities that do not meet the definition of a small WCF.

[Amended by Ord. No. 1331, 9/9/2019]

Permitted Design. All tower-based WCFs shall be in the form of a monopole. No lattice, guyed, or other non-monopole tower-based WCF shall be permitted in the Borough.

Standard of Care. Any tower-based WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including, but not limited to, the most-recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. Any tower-based WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Borough.

Notice. Upon submission of an application for a tower-based WCF and the scheduling of the public hearing upon the application, the WCF applicant shall mail notice to all owners of every property within 500 feet of the proposed facility. The WCF applicant shall provide proof of the notification to the Borough.

Special Exception Authorization Required. Tower-based WCFs are permitted in certain zoning districts by special exception and at a height necessary to satisfy their function in the WCF applicant's wireless communications system. No WCF applicant shall have the right under these regulations to erect a tower to the maximum height specified in this section unless it proves the necessity for such height. The WCF applicant shall demonstrate that the antenna/tower/pole for the tower-based WCF is the minimum height necessary for the service area.

Prior to the Zoning Hearing Board's approval of a special exception authorizing the construction and installation of tower-based WCFs, it shall be incumbent upon the WCF applicant to demonstrate that the proposed tower-based WCF must be located where it is proposed in order to serve the WCF applicant's service area and that no other viable alternative location exists.

(Reserved)

The special exception application shall also be accompanied by documentation demonstrating that the proposed tower-based WCF complies with all state and federal laws and regulations concerning aviation safety.

Where the tower-based WCF is located on a property with another principal use, the WCF applicant shall present documentation to the Zoning Hearing Board that the owner of the property has granted an easement for the proposed WCF and that vehicular access will be provided to the facility.

The special exception application shall also be accompanied by documentation demonstrating that the proposed tower-based WCF complies with all applicable provisions of this chapter.

Engineer Inspection. Prior to the Borough's issuance of a permit authorizing construction and erection of a tower-based WCF, a structural engineer registered in Pennsylvania shall issue to the Borough a written certification of the proposed WCF's ability to meet the structural standards offered by either the Electronic Industries Association or the Telecommunications Industry Association and certify the proper construction of the foundation and the erection of the structure. This certification shall be provided during use hearings or at a minimum be made as a condition attached to any approval given such that the certification is provided prior to issuance of any building permits.

Visual Appearance and Land Use Compatibility. Tower-based WCFs shall employ stealth technology, which may include the tower portion being painted silver or another color approved by the Council or having a galvanized finish. All tower-based WCFs and accessory equipment shall be aesthetically and architecturally compatible with the surrounding environment and shall maximize the use of a like facade to blend with the existing surroundings and neighboring buildings to the greatest extent possible. The Council shall consider whether its decision upon the subject application will promote the harmonious and orderly development of the zoning district involved; encourage compatibility with the character and type of development existing in the area; benefit neighboring properties by preventing a negative impact on the aesthetic character of the community; preserve woodlands and trees existing at the site to the greatest possible extent; and encourage sound engineering and land development design and construction principles, practices and techniques.

Co-Location and Siting. An application for a new tower-based WCF shall demonstrate that the proposed tower-based WCF cannot be accommodated on an existing or approved structure or building, or sited on land owned and maintained by the Borough. The Council may deny an application to construct a new tower-based WCF if the WCF applicant has not made a good-faith effort to mount the commercial communications antenna(s) on an existing structure. The WCF applicant shall demonstrate that it contacted the owners of tall structures, buildings, and towers within a one-fourth-mile radius of the site proposed, sought permission to install an antenna on those structures, buildings, and towers and was denied for one of the following reasons:

The proposed antenna and accessory equipment would exceed the structural capacity of the existing building, structure or tower, and its reinforcement cannot be accomplished at a reasonable cost.

The proposed antenna and accessory equipment would cause radio frequency interference with other existing equipment for that existing building, structure, or tower, and the interference cannot be prevented at a reasonable cost.

Such existing buildings, structures, or towers do not have adequate location, space, access, or height to accommodate the proposed equipment or to allow it to perform its intended function.

A commercially reasonable agreement could not be reached with the owner of such building, structure, or tower.

Permit Required for Modifications. To the extent permissible under applicable state and federal law, any WCF applicant proposing the modification of an existing tower-based WCF, which increases the overall height of such WCF, shall first obtain a permit from the Borough. To the extent permissible under law, nonroutine modifications shall be prohibited without a permit.

(Reserved)

Additional Antennas. As a condition of approval for all tower-based WCFs, the WCF applicant shall provide the Borough with a written commitment that it will allow other service providers to co-locate antennas on tower-based WCFs where technically and economically feasible. To the extent permissible under state and federal law, the owner of a tower-based WCF shall not install any additional antennas without obtaining the prior written approval of the Borough.

Wind and Ice. Any tower-based WCF structures shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the Engineering Departments of the Electronics Industry Association and Telecommunications Industry Association (ANSI/EIA/TIA-222, as amended).

12)

Height. Any tower-based WCF shall be designed at the minimum functional height. The maximum total height of a tower-based WCF which is not located in the public ROW shall not exceed 100 feet, as measured vertically from the ground level to the highest point on the structure, including antennas and subsequent alterations.

13)

Accessory Equipment. Either one single-story wireless communications equipment building not exceeding 500 square feet in area or up to five metal boxes placed on a concrete pad not exceeding 10 feet by 20 feet in area housing the receiving and transmitting equipment may be located on the site for each unrelated company sharing commercial communications antenna(s) space on the tower-based wireless communications facility greater than 40 feet.

14)

Public Safety Communications. No tower-based WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

15)

Maintenance. The following maintenance requirements shall apply:

Any tower-based WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

Such maintenance shall be performed to ensure the upkeep of the WCF in order to promote the safety and security of the Borough's residents and shall utilize the best available technology for preventing failures and accidents.

16)

Radio Frequency Emissions. A tower-based WCF shall not, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65, entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.

17)

Historic Buildings or Districts. A tower-based WCF shall not be located upon a property and/or on a building or structure that is listed on either the National or Pennsylvania Register of Historic Places, or is eligible to be so listed, or is included in the official historic structures and/or historic districts list maintained by the Borough or located in the Bristol Historic Overlay District.

18)

Signs. All tower-based WCFs shall post a sign in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency. The only other signage permitted on the WCF shall be that required by the FCC or any other federal or state agency.

19)

Lighting. No tower-based WCF shall be artificially lighted, except as required by law. If lighting is required, the WCF applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations. The WCF applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities and to the Borough Secretary.

20)

Noise. Tower-based WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Borough Code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.

21)

Aviation Safety. Tower-based WCFs shall comply with all federal and state laws and regulations concerning aviation safety.

22)

Retention of Experts. The Borough may hire any consultant and/or expert necessary to assist the Borough in reviewing and evaluating the application for approval of the tower-based WCFs and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of these provisions. The WCF applicant and/or owner of the WCF shall reimburse the Borough for all costs of the Borough's consultant(s) in providing expert evaluation and consultation regarding these activities.

23)

Timing of Approval. Within 30 calendar days of the date that an application for a tower-based WCF is filed with the Borough, the Borough shall notify the WCF applicant, in writing, of any information that may be required to complete such application. All applications for tower-based WCFs shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such tower-based WCF, and the Borough shall advise the WCF applicant, in writing, of its decision. If additional information was requested by the Borough to complete an application, the time required by the WCF applicant to provide the information shall not be counted toward the one-hundred-fifty-day review period.

24)

Nonconforming Uses. Nonconforming tower-based WCFs which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location but must otherwise comply with the terms and conditions of this section. The co-location of antennas is permitted on nonconforming structures.

25)

Removal. In the event that use of a tower-based WCF is planned to be discontinued, the owner shall provide written notice to the Borough of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:

All unused or abandoned tower-based WCFs and accessory facilities shall be removed within 180 days of the cessation of operations at the site, unless a time extension is approved by the Borough.

If the WCF and/or accessory facility is not removed within 180 days of the cessation of operations at a site, or within any longer period approved by the Borough, the WCF and accessory facilities and equipment may be removed by the Borough and the cost of removal assessed against the owner of the WCF.

Any unused portions of tower-based WCFs, including antennas, shall be removed within 180 days of the time of cessation of operations. The Borough must approve all replacements of portions of a tower-based WCF previously removed.

26)

27)

FCC License. Each person that owns or operates a tower-based WCF over 40 feet in height shall submit a copy of its current FCC license, including the name, address, and emergency telephone number for the operator of the facility.

28)

Insurance. Each person that owns or operates a tower-based WCF greater than 40 feet in height shall provide the Borough with a certificate of insurance evidencing general liability coverage in the minimum amount of $5,000,000 per occurrence and property damage coverage in the minimum amount of $5,000,000 per occurrence covering the tower-based WCF. Each person that owns or operates a tower-based WCF 40 feet or less in height shall provide the Borough with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering each tower-based WCF.

29)

Indemnification. Each person that owns or operates a tower-based WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the Borough, its elected and appointed officials, employees and agents at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the tower-based WCF. Each person that owns or operates a tower-based WCF shall defend any actions or proceedings against the Borough in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of tower-based WCFs. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.

30)

Engineer Signature. All plans and drawings for a tower-based WCF shall contain a seal and signature of a professional structural engineer licensed in the Commonwealth of Pennsylvania.

31)

Financial Security. Prior to receipt of a zoning permit for the construction or placement of a tower-based WCF, the WCF applicant shall provide to the Borough financial security sufficient to guarantee the removal of the tower-based WCF. Said financial security shall remain in place until the tower-based WCF is removed.

Tower-Based Wireless Communications Facilities Outside the Public Rights-of-Way. The following regulations shall apply to tower-based wireless communications facilities located outside the public rights-of-way that do not meet the definition of a small WCF:

[Amended by Ord. No. 1331, 9/9/2019]

Development Regulations.

Tower-based WCFs shall not be located in, or within 50 feet of, an area in which utilities are primarily located underground.

Tower-based WCFs are permitted outside the public rights-of-way in the following zoning districts by special exception, subject to the above prohibition:

HI Heavy Industrial.

II Intermediate Industrial.

LI Light Industrial.

Sole Use on a Lot. A tower-based WCF shall be permitted as a sole use on a lot, provided that the underlying lot is a minimum of one acre. The minimum distance between the base of a tower-based WCF and any adjoining property line or street right-of-way line shall equal 100% of the proposed WCF structure's height.

Combined With Another Use. A tower-based WCF may be permitted on a property with an existing use, or on a vacant parcel in combination with another use, except residential, subject to the following conditions:

The existing use on the property may be any permitted use in the applicable district and need not be affiliated with the WCF.

Minimum Lot Area. The minimum lot shall comply with the requirements for the applicable district and shall be the area needed to accommodate the tower-based WCF and guy wires, the equipment building, security fence, and buffer planting if the proposed WCF is greater than 40 feet in height.

Minimum Setbacks. The minimum distance between the base of a tower-based WCF and any adjoining property line or street right-of-way line shall equal 100% of the proposed WCF structure height or the minimum setback of the underlying zoning district, whichever is greater. Where the site on which a tower-based WCF is proposed to be located is contiguous to an educational use, child day-care facility or residential use, the minimum distance between the base of a tower-based WCF and any such adjoining uses shall equal 110% of the proposed height of the tower-based WCF, unless it is demonstrated to the reasonable satisfaction of Council that, in the event of failure, the WCF is designed to collapse upon itself within a setback area less than the required minimum setback without endangering such adjoining uses and their occupants.

Design Regulations.

The WCF shall employ the most-current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. Application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Borough.

To the extent permissible by law, any height extensions to an existing tower-based WCF shall require prior approval of the Borough.

Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennas and comparable antennas for future users.

Any tower-based WCF over 40 feet in height shall be equipped with an anti-climbing device, as approved by the manufacturer.

Surrounding Environs.

The WCF applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the WCF structure shall be preserved to the maximum extent possible.

The WCF applicant shall submit a soil report to the Borough complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA/TIA-222, as amended, to document and verify the design specifications of the foundation of the tower-based WCF, and anchors for guy wires, if used.

Fence/Screen.

A security fence having a height of not less than eight feet shall completely surround any tower-based WCF greater than 40 feet in height, as well as guy wires, or any building housing WCF equipment.

Landscaping shall consist of a screen of evergreen trees planted eight feet on center, each at least four feet in height, and staggered in two rows, located along the perimeter of the security fence. Existing vegetation shall be preserved to the maximum extent possible.

Accessory Equipment.

Ground-mounted accessory equipment associated, or connected, with a tower-based WCF shall be placed underground or screened from public view using stealth technologies, as described above.

All accessory equipment, utility buildings and accessory structures shall be architecturally designed to blend into the environment in which they are situated and shall meet the minimum setback requirements of the underlying zoning district.

Access Road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to tower-based WCF. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the WCF owner shall present documentation to the Borough that the property owner has granted an easement for the proposed facility.

Parking. For each tower-based WCF greater than 40 feet in height, there shall be two off-street parking spaces.

Inspection. The Borough reserves the right to inspect any tower-based WCF to ensure compliance with this chapter and any other provisions found within the Borough Code or state or federal law. The Borough and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

Regulations Applicable to all Small Wireless Communications Facilities. The following regulations shall apply to small wireless communications facilities:

[Amended by Ord. No. 1331, 9/9/2019]

Location and development standards.

Small WCF are permitted by administrative approval by the Borough Zoning Officer in all Borough zoning districts, subject to the requirements of this § 27-320, Subsection 5A(5).

Small WCF in the public ROW requiring the installation of a new wireless support structure shall not be located directly in front of any building entrance or exit such that it would interfere with ingress or egress.

All small WCF shall comply with the applicable requirements of the Americans with Disabilities Act.

All small WCF shall comply with all applicable Borough Code requirements pertaining to streets and sidewalks, as codified in Chapter 21 of the Borough Code.

Nonconforming wireless support structures. Small WCF shall be permitted to co-locate upon nonconforming tower-based WCF and other nonconforming structures. Co-location of WCF upon existing tower-based WCF is encouraged even if the tower-based WCF is nonconforming as to use within a zoning district.

Standard of care. Any small WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, or to the industry standard applicable to the structure. Any WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or damage any property in the Borough.

Wind and ice. All small WCF shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/TIA-222, as amended), or to the industry standard applicable to the structure.

Public safety communications. Small WCF shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

Radio frequency emissions. A small WCF shall not, by itself or in conjunction with other WCFs existing on the same structure at the time of installation, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.

Time, place and manner. The Borough Zoning Officer shall determine the time, place and manner of construction, maintenance, repair and/or removal of all small WCF in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations.

Accessory equipment. Small WCF and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the ROW as determined by the Borough.

Graffiti. Any graffiti on the small WCF or on any accessory equipment shall be removed at the sole expense of the owner within 30 days of notification by the Borough.

Design regulations. All small WCF shall be designed to meet the requirements of the Borough "Small Wireless Communications Facility Design Manual," a copy of which is kept on file at the Borough Planning and Zoning Department and available on the Borough's website.

Timing of approval.

Within 60 days of receipt of a complete application for co-location of a small WCF on a preexisting wireless support structure, the Borough Zoning Officer shall make a final decision on whether to approve the application and shall notify the WCF applicant in writing of such decision.

Within 90 days of receipt of an application for a small WCF requiring the installation of a new wireless support structure, the Borough Zoning Officer shall make a final decision on whether to approve the application and shall notify the WCF applicant in writing of such decision.

Within 10 days of receipt of an application for a small WCF, the Borough Zoning Officer shall inform the WCF applicant of any additional information required to complete the small WCF application. Such notice shall toll the applicable FCC shot clock until such time as the WCF applicant submits the information required to complete the small WCF application.

(l)

Relocation or removal of facilities.

Within 90 days following written notice from the Borough, or such longer period as the Borough determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a small WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Borough, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

The construction, repair, maintenance or installation of any Borough or other public improvement in the right-of-way;

The operations of the Borough or other governmental entity in the right-of-way;

Vacation of a street or road or the release of a utility easement; or

An emergency as determined by the Borough.

In such cases the Borough will make reasonable efforts to assist the WCF owner in identifying and permitting an alternate location for the WCF.

(m)

Reimbursement. In addition to permit fees as described in this section, every small WCF in the ROW is subject to the Borough's right to recover its actual costs incurred as a result of the small WCF's presence in the ROW, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Borough. The owner of each small WCF shall reimburse the Borough for the Borough's costs reasonably incurred in connection with the activities described above. All fees shall comply with applicable state and federal law and not exceed amounts presumed reasonable by the FCC.

Emergency Services. Fire station, ambulance, or rescue squad station for emergency services. Such use may also be permitted as an accessory use to Use 2G Hospital.

Such use shall be located on a lot abutting an arterial or collector street.

All equipment shall be stored within an enclosed building.

A community meeting room is permitted as accessory to the emergency services use.

In the R1, R1A and R2 Districts, the following requirements shall be met:

Silent alarms only shall be installed.

No community meeting room shall be permitted, nor shall group functions be permitted.

Any building or structure erected for this use shall be residential in scale, materials, and appearance.

The use of exterior lighting shall be limited during the hours when the facility is not in use.

Heliport. An area of land which is used or intended to be used for landing and take-off of private, noncommercial helicopters or similar aircraft.

Approval of the Pennsylvania Department of Transportation, Bureau of Aviation, and any other applicable licensing agencies of the federal and state governments shall be secured.

The Federal Aviation Administration shall have granted approval for the use of the air space.

A minimum landing area of at least 50 feet in radius shall be provided.

The entire landing area shall be surrounded by a fence at least four feet in height constructed of such material and designed in such a manner as to effectively neutralize the horizontal rotor air flow.

Roof top landing areas or other landing areas having existing barriers which perform the function of fencing described in Subsection 4 above need not provide fencing nor provide a landing area more than 20 feet in radius where such barriers exist. If existing barriers do not completely surround the landing area then the fencing requirements of Subsection 4 above shall be required on those exposures where there are no existing barriers.

No fueling, refueling, service or storage facilities shall be provided.

Parking Garage or Area. A lot of record upon which the parking or storing of motor vehicles is the primary use.

No sale, rental, service or repair operation of vehicles shall be performed.

The parking or storage of heavy trucks (exceeding one ton) or trailers shall not be permitted.

All parking lots shall meet the design standards for automobile parking facilities in the Borough Subdivision and Land Development Ordinance [Chapter 22].

All parking garages shall meet the design standards in § 27-703, Subsection 1D, of this chapter.

Transit Station. A building used by bus and/or railroad passengers for transportation related services.

Where parking areas associated with a transit station abut a residential district or use, a ten-foot wide buffer planting strip consistent with the buffer planting requirements in § 27-404, Subsection 4, shall be provided.

Utilities. Transformer station, pumping station, wastewater treatment facility, or other operation station or facility necessary to provide electrical, water supply, or wastewater conveyance or treatment services. Utility services include, but are not limited to, electricity, gas, telephone, water, sewerage, and bulk pipelines. In addition to public utilities, this use includes private utilities in a subdivision or land development. A utility use shall include appurtenances used in connection with the supplying of such services including, but not limited to, buildings, pedestals, cables, wires, pipes, poles, and the like, but does not include incinerators, telecommunications facilities, or public or private landfills.

Such use shall be screened by a twenty-foot planted buffer yard in accordance with § 27-404, Subsection 4, of this chapter.

In residential districts, a utility shall be essential to serve such residential district.

Except in commercial and industrial zoning districts, no public business office or any storage yard or storage building shall be operated in connection with the utility.

The following minimum setbacks from all property lines shall be provided, unless the Borough or the Public Utility Commission requires a greater dimension:

	Electrical substation	50 feet
	Well facility	100 feet
	Sewer pumping station	40 feet
	Water treatment facility	100 feet
	Wastewater treatment plan	100 feet
	All other utilities	50 feet

Industrial Uses.

Building Materials, Supplies, Sales, Service. Establishments such as lumber yards and those offering for sale finished products used in building and construction. This use does not include a home improvement center where other types of products and goods are sold. This use is limited to the sale of wood and lumber and ancillary woodworking products, but does not include consumer, household or electronic products.

Millworking and planing are included in this use.

Storage yards shall be fully enclosed by fencing and landscaping.

The storage of flammable or toxic gases and liquids and the production and mixing of asphalt and concrete is prohibited.

Contractor Offices and Shops. Use where the primary business provides services related to excavating, building construction, cement, masonry, painting, roofing, siding, landscaping, paving, HVAC, plumbing, electrical, carpentry, or uses of similar nature.

Outside storage areas for materials, equipment, and business vehicles shall be enclosed by fencing having a minimum height of six feet and a maximum height of eight feet. The requirements of Accessory Use 7N Outside Storage or Display shall be met.

Crafts. Upholstery, cabinet making, furniture making and similar crafts.

Retail sales of items produced on the premises are permitted.

Flex Space. Flexible building space that can be used for either office, light manufacturing, assembly or warehousing.

Each flex space area shall have no less than 20% of the area devoted to an office use. Warehousing, light manufacturing or assembly shall occupy no more than 80% of the flex space area.

The following uses shall be permitted: Use 3D Office; Use 6B Contractor Offices and Shops; Use 6G Light Manufacturing; Use 6H Manufacturing; Use 6J Motor Freight Terminal; Use 6R Warehouse.

Industrial Park. A planned development of industrial and related uses which includes improvements for internal streets, coordinated utilities, landscaping and buffering.

Industrial uses may be located in detached or attached structures.

Dimensional requirements:

	Minimum site area:	10 acres
	Minimum setbacks from street and property lines-site:	100 feet
	Minimum frontage at street lines-site:	150 feet
	Minimum building spacing:	100 feet
	Maximum height:	24 feet
	Minimum setbacks-internal street:	50 feet

At least 70% of the total floor space of the park must be used for industrial uses.

Accessory outside storage of materials, goods or refuse must be buffered around the area devoted to storage either by a six-foot cedar or spruce fence or a hedge row at least three feet in height with appropriate material as planted on three-foot centers.

Lighting facilities shall be provided and arranged in a manner which will protect the highway and neighboring properties from direct glare or hazardous interference of any kind.

Applicable buffer requirements in § 27-404, Subsection 4, of this chapter shall be met.

No use shall emit noise in such quantity as to be audible beyond its lot lines. In addition, the nuisance standards of this chapter shall be met.

All uses within the industrial park shall take access from an interior roadway. Access for the park shall be from an arterial or collector highway.

All parking, loading facilities and outside storage areas shall be located to the rear or side of buildings.

Interior roadways shall have street trees in accordance with the requirements of this chapter.

A transportation impact study and water impact study shall be required.

All commonly owned elements shall be owned and maintained in accordance with the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq., or other ownership arrangement approved by the Borough Council.

The applicant shall submit a plan for the overall design and improvements for the industrial park.

Junkyard (Salvage Yard). Any land or structure where junk or salvage is discarded, bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled. "Junkyard" does not include those structures where used furniture or household equipment is stored, bought or sold, not those structures or land where automobiles not abandoned are stored, bought or sold.

A minimum lot area of 10 acres shall be required for this use.

Such use shall be a minimum of 100 feet from any street line or property line.

The land area used for junkyard purposes shall not be exposed to public view from any public street or residence.

A junkyard shall be entirely enclosed by a solid fence or wall, at least eight feet but not more than 10 feet high, constructed of plank boards, brick, cinder block or concrete, with access only through solid gates. Such gates shall be locked at all times when the junkyard is not in operation. Such fence or wall shall be kept in good repair and neatly painted in a uniform color.

A dense evergreen buffer shall be provided on the outside perimeter of the fenced area. The buffer yard shall be 100 feet in width. Evergreens shall be four to five feet in height and planted on ten-foot staggered centers.

The contents of a junkyard shall not be placed or deposited to a height greater than eight feet.

All paper, rags, cloth, and other fibers and activities involving the same, other than loading and unloading, shall be within fully enclosed buildings.

The storage of toxic chemicals or nuclear wastes shall be prohibited.

Dumping of trash or landfill operations and burning of any materials shall be prohibited.

No material shall be placed in a junkyard in such a manner that it is capable of being transferred out of the junkyard by wind, water, or other natural causes.

All materials shall be stored in such a manner as to prevent the breeding or harboring of rats, insects, or other vermin. When necessary, this shall be accomplished by enclosure in containers, raising of materials above the ground, separating of types of material, preventing the collection of stagnant water, extermination procedures, or other means.

All vehicles must be drained of all liquids before they are placed in the junkyard. An impervious base, free of cracks and sufficiently large for draining liquids from all vehicles, shall be provided. The base should be sloped to drain to a sump or holding tank and liquid shall be removed from the site as often as is necessary to prevent overflow of the system. Curbing around the pad must be able to retain run-off from a one-hundred-year, twenty-four-hour storm. All hazardous liquids shall be properly disposed of according to the Department of Environmental Resources' rules and regulations.

A zoning permit shall be obtained on an annual basis with application made by January 15 of each year. The permit shall be issued only after an inspection by the Zoning Officer to certify that this use meets all provisions of this and other ordinances.

Light Manufacturing. Industrial activities that include the following specific uses listed below from Subsection 6G(1)(a) to (l):

Permitted Uses.

Manufacture of products requiring light metal processing including finishing, grinding, polishing, heat treating and stamping.

Manufacture of jewelry, clocks, watches, toys, novelties, precision instruments, optical goods and similar products.

Manufacture and assembly of electrical or electronic devices; home commercial and industrial appliances and instruments; and electrical supplies, including such equipment and supplies as: computers, lighting fixtures, fans, home radio and television receivers, electric switches, lamps, washing machines, refrigerators and air conditioners.

Manufacture or assembly of articles or merchandise from the following previously prepared materials: plastics, bone, canvas, cellophane, cork, feathers, fiber, glass, horn, leather and fur (excluding tanning, curing and dyeing), precious or semi-precious metals or stones, shell, textiles and tobacco.

Manufacture of pottery and figurines or other similar ceramic products using only previously pulverized clay and kilns fired only by electricity or gas.

Manufacture of small rubber products and synthetic treated fabrics (excluding all rubber and synthetic processing).

Manufacture of textiles (including spinning and weaving, but not including wool scouring and pulling, or jute or burlap processing or reconditioning).

Manufacture of wood products (excluding planing mills and bulk processing of wood and lumber).

Manufacture of paper or cardboard boxes, envelopes, containers and novelties from previously prepared paper or cardboard.

Manufacture, fabrication and maintenance of very light sheet metal products, including heating and ventilating ducts and equipment; cornices, eaves and the like.

Publishing, printing, lithographing, bookbinding or similar establishment.

(l)

Research laboratory (research, engineering, medical, or testing laboratories).

No facility shall be permitted which constitutes a danger to the community because of medical or biological wastes, explosive, highly flammable, combustible, chemical, corrosive, oxidizing or radioactive materials.

Manufacturing. The production, processing, assembly, cleaning, testing and distribution of materials, goods, foodstuff and products, not including uses specifically listed within the definition of light manufacturing. Specific industries considered under this use include, but are not limited to, the following: bottling industry; circuit board manufacturing; dry cleaning plant; food processing and packaging; injection molding process; stone cutting and monument manufacture and sales; and, tire recapping, repair, warehousing.

All manufacturing uses shall provide assurances of compliance with the environmental protection standards in Part 5 of this chapter.

Mini-Warehouse. A building or group of buildings situated in a controlled access compound which are divided into individual separate access units which are rented or leased for the storage of tangible personal property.

Individual Storage Units. No individual storage units shall be greater than 200 square feet. All such units shall be fireproof and waterproof. Each storage unit shall have separate ingress and egress secured by the user.

Outdoor Storage. It is limited to RVs, campers, boats on trailers, automobiles and trucks (2 tons or less in capacity) and trailers (noncommercial only). It must be parked on paved areas. All such items must be licensed and inspected (if applicable), and in operable condition. Parking for such vehicles shall not interfere with traffic movement through the complex and such vehicles must not be visible from the street.

Prohibitions. The following shall be prohibited:

No storage of trash, garbage, refuse, explosive or flammable materials, hazardous substances, animal, animal carcasses or skins.

No storage in interior traffic aisles, off-street parking areas, loading areas, or driveway areas.

No servicing or repairing of boats, vehicles, trailers, lawn mowers or any similar equipment.

No storage permitted other than dead storage.

Inspection. All fire chiefs, fire marshals, police, building inspectors, and Department of Health inspectors of the Borough of Bristol and County of Bucks, shall have the right to inspect each unit within the self-storage facility at such times as such inspections are determined necessary by the Borough Manager and the above-mentioned officials for the protection of the health, safety and welfare of the Borough residents and the facility users. The persons in control of the facility shall have available, at all times, the means of obtaining ingress to each separate storage unit.

Off-Street Parking Requirements and Standards. One off-street parking space shall be required for each employee (full or part-time). One off-street parking space shall also be provided for every five storage units. These latter spaces, for use by the tenants, shall be equitably distributed throughout the complex. There shall also be one off-street parking space for every 25 storage units.

These spaces shall be adjacent to the entrance and to the manager's office for use by guests and business invitees.

Parking lanes shall be 10 feet wide. Two-way travel lanes shall be 26 feet wide. Non-vehicular travel lanes shall be 20 feet wide.

Height. Maximum building height is 15 feet.

Fencing. A six-foot high chain link security fence or block wall of equivalent height shall be provided.

Lighting. Adequate lighting to illuminate the area but directed away from all residential areas or so shielded to reflect light away shall be provided.

Security. A continual security guard shall be provided during hours of access. At all other times electronic security shall be provided.

Screen Planting. A screen planting next to the security fencing or wall shall be established in accordance with the requirements in § 27-404, Subsection 4H, of this chapter. It shall be of sufficient type, kind and quality so as to completely screen out the security fencing within three to five years.

Motor Freight Terminal. The building plus contiguous space to which freight is brought for transfer, assembly and storage for shipment by motor truck.

Short-term warehousing of less than 30 days may be permitted under this use.

The truck terminal shall be licensed by the Pennsylvania Public Utilities Commission.

Trucks with compressors running 24 hours a day shall be located within a quadrangle of buildings or walls.

Oil and Petroleum Storage and Shipping. Facility for the storage, distribution, and sale of oil and petroleum. This use does not include auto service station as defined by Subsection 4E of this section.

Approval shall be secured from the Pennsylvania State Police Fire Marshal and the Pennsylvania Department of Environmental Protection (PaDEP) for the storage of fuel. All storage tanks (and associated pumps and piping) construction, installation, and containment shall, as a minimum, meet the requirements of the Pennsylvania Department of Environmental Protection and the Federal Environmental Protection Agency.

No retail sales shall be permitted on the premises.

The facility and accessory storage areas shall be set back a minimum of 100 feet from the ultimate right-of-way and from all other property lines.

All storage tanks, associated pumps and piping and leak detection systems shall be designed and constructed using "state of the art" industry technology. The leak detection system shall be a continuously monitored and automated system.

The applicant shall present a plan to demonstrate the methods by which any leaks or spills of liquids will be continuously monitored and contained and shall also demonstrate that the stormwater management system is designed to capture volatile organic compounds, oils, and solids. The applicant shall also provide to the Borough a copy of a maintenance agreement setting forth the terms for the management of the facilities.

This use shall not be permitted within 1,000 feet of any preexisting public or private drinking water supply source.

Storage of materials shall be screened along all property lines by a thirty-foot planted buffer (fifty-foot buffer yard) in accordance with § 27-404, Subsection 4, of this chapter.

Outside Storage. Principal use of the site is for outside storage of items such as automobiles, boats, and tractor trailers.

No part of the street right-of-way, no sidewalks or other areas intended or designed for pedestrian use, no required parking area, and no part of the front yard shall be occupied by outside storage.

Outside storage and display areas shall be shielded from view from all public streets and adjacent lots.

MATERIAL SEPARATION AND/OR REFUSE DERIVED FUEL (RDF) FACILITY

A thirty-foot planted buffer (fifty-foot buffer yard), in accordance with the standards in § 27-404, Subsection 4, of this chapter, shall be provided along all adjacent uses.

Repair Shop. A business for the repair of appliances, lawn mowers, watches, bicycles, locks, small business machines and other light equipment, but not including automobiles, motorcycles, trucks and heavy equipment.

Resource Recovery. A facility or land that is used for any one or a combination of the following: composting, incineration, material separation, recycling or trash transfer. Related definitions include:

COMPOSTING FACILITY

A facility for the composting of the organic matter in municipal solid waste.

INCINERATOR

A facility designed to reduce any types of solid waste by combustion including municipal, commercial, industrial wastes and including crematoriums. This use may or may not include heat exchange equipment for energy recovery.

The extraction of materials from municipal solid waste for recycling or for use as refuse derived fuel (RDF).

MUNICIPAL SOLID WASTE

The unseparated and/or unprocessed combination of residential and commercial solid waste materials generated in a municipality.

RECYCLING FACILITY

A business that accumulates material such as paper, glass, aluminum and/or plastic that is no longer useful for its intended purpose. The materials are then sold to another business as a raw material which can be used to manufacture a new product.

TRANSFER STATION

A facility where municipal solid waste is delivered for the purpose of compacting the material into larger vehicles for transport to a final disposal site or processing facility. (A transfer station may include the separation and collection of material for the purpose for recycling.)

Minimum lot area: 10 acres.

Any such use shall be a minimum of 300 feet from any public road as measured from the ultimate right-of-way of the road and 300 feet from any property line. Additionally, an incinerator or transfer station shall be a minimum of 1,000 feet from any residential zoning district or occupied residential dwelling unit.

Parking areas shall be a minimum of 100 feet from any property line.

Operation of a resource recovery facility shall at all times be in full compliance with the statutes of the Commonwealth of Pennsylvania and the rules and regulations of the Department of Environmental Protection (PaDEP) and the provisions of this chapter. In the event that any of the provisions of this chapter are less restrictive than any present or future rules or regulations of PaDEP, the more restrictive PaDEP regulations shall supersede and control.

Access to the site shall be limited to those posted times when an attendant is on duty. In order to protect against indiscriminate and unauthorized dumping, every resource recovery facility shall be protected by locked barricades, fences, gates or other positive means designed to deny access to the area at unauthorized times or locations. Such barricade shall be at least six feet high and shall be kept in good repair and neatly painted in a uniform color.

Unloading of municipal solid waste shall be continuously supervised by a facility operator.

Hazardous waste as included on the list of hazardous waste as maintained by the Pennsylvania Department of Environmental Protection shall not be disposed of in a resource recovery facility.

Litter control shall be exercised to confine blowing litter to the work area and a working plan for clean up of litter shall be submitted to the Borough. To control blowing paper, there shall be erected a fence having a minimum height of six feet with openings not more than three inches along all boundaries. The entire area shall be kept clean and orderly.

All parts of the process-unloading, handling and storage of municipal solid waste-shall occur within a building. However, certain separated recyclable materials like glass, aluminum and other metals may be stored outdoors.

The storage of paper shall be within a building.

Any materials stored outdoors shall be properly screened so as not to be visible from any adjacent streets or property.

No material shall be placed or deposited to a height greater than the height of the fence or wall herein prescribed.

No municipal solid waste shall be processed or stored at a recycling facility. For all other types of resource recovery facilities, municipal solid waste shall not be stored on the site for more than 72 hours.

(14)

A contingency plan for disposal of municipal solid waste during a plant shutdown must be submitted to the Borough and approved by the Borough Council.

(15)

Leachate from the municipal solid waste and water used to wash vehicles or any part of the operation shall be disposed of in a manner in compliance with the Pennsylvania Department of Environmental Protections' (PaDEP) regulations. If the leachate is to be discharged to a municipal sewage treatment plant appropriate permits shall be obtained from the applicable agencies and authorities. In no event shall the leachate be disposed of in a storm sewer, to the ground, or in any other manner inconsistent with the PaDEP regulations.

(16)

Waste from the resource recovery facility process (such as, but not limited to, ash from an incinerator) shall be stored in such a manner as to prevent it from being carried from the site by wind or water. This process waste shall be located at least 100 feet from any property line and stored in leak proof and vector proof containers. Such process waste shall be disposed of in a sanitary landfill approved by PaDEP or in another manner approved by PaDEP.

(17)

A dense evergreen buffer shall be provided on the outside perimeter of the fenced area. Evergreens shall be four to five feet in height and planted on ten-foot staggered centers. In addition; the buffer requirements in § 27-404, Subsection 4, of this chapter shall be met.

(18)

Solid waste landfill operations and open burning of any materials shall specifically be prohibited.

(19)

No use shall emit noise in such quantity as to be audible beyond its lot lines. In addition, the nuisance standards in §§ 27-504 through 27-513 of this chapter shall be met.

(20)

A traffic impact study and water impact study shall be required.

(21)

A zoning permit shall be obtained on an annual basis.

Sheet Metal Fabrication. Manufacture and fabrication of sheet metal products utilizing various processes such as forging, bending, forming, machining, welding, and assembling. This use generally utilizes heavy industrial processes in larger scale manufacturing plants and differs from the manufacture and fabrication of very light sheet metal products included under Use 6G Light Manufacturing.

Solid Waste Landfill. A land site on which engineering principles are utilized to bury deposits or solid waste without creating public health or safety hazards, nuisances, pollution or environmental degradation.

Minimum lot area: 10 acres.

The solid waste landfill operation shall be setback from any property line or street right-of-way line at least 100 feet.

Direct access shall be required for the operation of a solid waste landfill.

A traffic impact study shall be required following standards set forth in this chapter.

Operation of any solid waste landfill shall at all times be in full compliance with the Statutes of the Commonwealth of Pennsylvania, and the rules and regulations of the Pennsylvania Department of Environmental Protection and the Provisions of this chapter. In the event that any of the provisions of this chapter are less restrictive than any present or future rules or regulations of the Department, the more restrictive Department rules or regulations shall supersede and control in the operation of such solid waste landfill.

Suitable measures shall be taken to prevent fires by means and devices mutually agreeable to the Pennsylvania Department of Environmental Protection and the Borough.

A solid waste landfill operation shall be under the direction at all times of a responsible individual who is qualified by experience or training to operate a landfill.

Access to the site shall be limited to those posted times when an attendant is on duty. In order to protect against indiscriminate and unauthorized dumping, every solid waste landfill shall be protected by locked barricades, fences, gates or other positive means designed to deny access to the area at unauthorized times or locations.

Unloading of waste shall be continuously supervised.

Measures shall be provided to control dust. To control blowing paper, there shall be erected a fence having a minimum height of six feet, with openings not more than three inches by three inches along any boundary over which such a nuisance may be spread. The entire area shall be kept clean and orderly. Cracks in, depressions in or erosion of cover shall be repaired daily.

Hazardous materials, including, but not limited to, highly flammable materials, explosives, pathological wastes, radioactive materials, liquids and sewage, shall not be disposed of in a solid waste landfill.

The disposal of sewage liquids and solids and other liquids shall be specifically prohibited in a solid waste landfill.

Litter control shall be exercised to confine blowing litter to the work area and a working plan of clean up of litter shall be accomplished.

(14)

Salvaging shall be conducted by the operator only and shall be organized so that it will not interfere with prompt sanitary disposal of waste or create unsightliness or health hazards. The storage of salvage shall be controlled in a manner that will not permit the inhabitation or reproduction of deleterious vectors.

(15)

The entire site, including the fill surface, shall be graded and provided with drainage facilities to minimize runoff onto and into the fill, to prevent erosion or washing of the fill, to drain off rainwater falling onto the fill and to prevent the collection of standing water. The operator shall comply with the requirements of Chapter 75 and Chapter 102 of Title 25, Pa. Code, and applicable Borough ordinances so that there is no adverse off-site impact from the drainage of surface water.

(16)

Operation of any solid waste landfill shall at all times be in full compliance with the Pennsylvania Clean Streams Law, 35 P.S. § 691.1 et seq., as amended.

(17)

Such use shall be screened by a fifty-foot buffer yard in accordance with § 27-404, Subsection 4, of this chapter.

(18)

A zoning permit shall be obtained on an annual basis.

(19)

A final inspection of the entire site shall be made by the Department of Environmental Protection and the Borough and their authorized representatives to determine compliance with approved plans and specifications before the earth-moving equipment is removed from the site. Any necessary corrective work shall be performed before the solid waste landfill project is accepted as completed. Arrangements shall be made for the repair of all cracked, eroded and uneven areas in the final cover during the first two years following completion of the solid waste landfill. A bond shall be posted to ensure that all corrective work is completed.

Truck Repair. A facility for the repair of trucks and heavy equipment.

All repair work shall be performed within a fully enclosed building.

Warehouse. A building or group of buildings primarily used for the commercial storage, transfer, and distribution of products and materials.

No explosive, toxic, radioactive, corrosive, oxidizing or highly flammable or combustible materials and chemicals shall be stored on the premises.

Storage of materials shall be screened along all property lines by a ten-foot wide planted buffer in accordance with § 27-404, Subsection 4E, of this chapter.

Tractor trailers, cargo boxes, or other vehicles or structures meant to be transportable shall not be permitted to be used as accessory buildings for storage.

Wholesale Trade. Establishments engaged primarily in the selling of merchandise to retailers, to industrial, commercial, institutional users or to other wholesalers, and which render services incidental to the sale of merchandise.

No explosive, toxic, radioactive, corrosive, oxidizing or highly flammable or combustible materials and chemicals shall be stored on the premises.

Accessory Uses. Accessory uses are permitted only where there is an existing principal use to which the accessory use is secondary and incidental. Every accessory use shall comply with the yard regulations for the district in which it is located, except as otherwise specifically provided in this chapter. Each accessory use shall comply with all of the following standards listed for that use:

Arcade, Accessory. A place of business where up to two coin-operated games such as video screen game machines, pool tables and pinball machines are located.

Bus Shelter. An open, semi-enclosed or enclosed structure in which people can stand or sit while waiting for a bus.

Such structures shall be located at least five feet from any street line and 15 feet from any lot line. In addition, such structures shall meet the requirements of § 27-404, Subsection 3, of this chapter regarding traffic visibility across corners.

No signs or advertising shall be permitted on the structure.

Day Care Center. A facility where care is provided at any one time for seven or more children under the age of 12, where the child care area(s) are not being used as a family residence, and where full-time adult supervision is provided.

No more than one day care center shall be permitted in any Use 3E Planned Business Park.

The use shall not occupy more than 5% of the total floor area of the office building or planned business park.

Day-care facilities shall comply with all state licensing requirements in effect for this use at the time of application.

Drive-Through Facility. A drive-through facility shall be an accessory use and is defined as any facility through which a service is provided, or goods, food or beverage are sold to the operator of, or passengers in, a motor vehicle without the necessity of the operator or passengers disembarking from the vehicle. Drive-through facilities are permitted as accessory uses only for restaurants with drive-through facilities, banks, pharmacies, and no others. All drive-through facilities shall meet the following requirements.

The following definitions shall apply.

BYPASS LANE/ESCAPE LANE

Vehicular lane allowing traffic to pass the drive-through lane and/or allowing vehicles, because of emergencies or mistakenly entering the drive-through lane, to exit the drive-through lane.

DRIVE-THROUGH CANOPY

Overhead structures intended to protect patrons from the weather while stationed at the drive-through service area/facility.

DRIVE-THROUGH LANE

Vehicular lane allowing the stationing and stacking of vehicles while ordering and waiting for goods and services.

Requirements. A drive-through facility is subject to the following standards:

The drive-through facility shall be designed so there will be no pedestrian/vehicular conflicts.

Hours of operation shall be set as a condition of the land development approval to minimize the impacts of drive-through facilities located adjacent to residential uses.

Drive-through facilities are not permitted on sites abutting schools, parks, playgrounds, libraries, churches and other uses that have substantial pedestrian traffic.

Minimum lot frontage on at least one street shall be 150 feet for all principal uses with accessory drive-through facilities to ensure adequate room for access drives.

Drive-through facilities shall abut only arterial streets. Access shall not be taken from local streets.

The driveway entrance and exit lane of a drive-through facility must be setback at least 100 feet from any intersection.

A bypass lane/escape lane shall be provided.

The design of a drive-through lane and bypass lane/escape lane shall minimize the blocking, crossing or passing through of off-street parking areas and minimize crossing of or the need to be crossed by pedestrian access ways for patrons.

The drive-through lane shall not be the sole ingress and egress to the site.

Drive-through lanes shall be marked by signs that indicate the entrance and exit for the drive-through lane. The direction of traffic flow for the drive-through lane and bypass lane/escape lane shall be marked clearly.

Drive-through lanes are to be separated from the bypass lane/escape lane and parking aisles by painted lines.

(l)

Lane Separation. An on-site circulation pattern is to be provided for drive-through facility traffic that separates such traffic from that of walk-in patrons.

(m)

A stacking area is to be provided for vehicles waiting for service in the drive-through lane that is separated from other traffic circulation on the site. Stacking shall not be provided in parking aisles or in driveways provided for on-site circulation. Stacking distance for each lane shall be at least 120 feet in length.

(n)

The total height for any overhead drive-through canopy shall not exceed 15 feet.

Family Day Care Center. A facility in which care is provided for four to six children or up to four disabled and/or elderly persons at any one time, who are not relatives of the caregiver, where the child or adult care areas are being used as a family residence.

Family day care center shall be permitted only when granted as a special exception by the Zoning Hearing Board. Prior to the final approval of the use by the Zoning Hearing Board and the issuing of a permit by the Zoning Officer, the applicant must obtain a registration certificate from the Pennsylvania Department of Public Welfare, and/or the Pennsylvania Department of Aging.

This use shall be conducted in a building designed for residential occupancy and for the safety and well-being of the occupants.

A minimum outdoor play area of 200 square feet of contiguous areas shall be provided for each child as a recreational area for the children. An outdoor recreation area of 100 square feet of contiguous area shall be provided for each disabled and/or elderly person. This area shall not include any impervious surface or parking areas.

The outdoor play or recreation area must be enclosed by a four-foot high fence which is deemed appropriate by the Borough.

The outdoor play or recreation areas shall be located to the side or rear of the property.

No more than one person other than resident members of the immediate family may be employed.

Flea Market. A periodic sales activity held within a building and/or outdoors, where transient retail merchants offer goods, new or used, for sale to the public.

Outdoor sales areas shall not be located in the minimum front, side, or rear yards and shall be set back at least 25 feet from any lot line or street line.

Sales directly from vehicles shall be prohibited.

Tables and other accessories which are used for outdoor sales shall be stored within a completely enclosed building when the flea market is not in use.

Goods for sale must be removed from the site when the flea market is not in use.

A flea market shall not be open more than three days in any one week.

Outdoor sales areas shall not encroach upon required parking areas and shall be separated from traffic movement on the site.

The proposed flea market shall be served by adequate water and sewage disposal facilities, the adequacy of which shall be demonstrated and guaranteed to the satisfaction of the Borough Council.

Home Occupation. An accessory use that is customarily carried on within a dwelling unit or accessory building by one or more occupants of such dwelling and which is clearly incidental and subordinate to its use for residential purposes by its occupants.

No more than one home occupation shall be permitted per dwelling unit.

The home occupation shall be carried on only by owner-inhabitants of the dwelling and not more than one additional employee.

The floor area devoted exclusively to a home occupation, whether within the principle structure or an accessory structure, shall not be more than 25% of the ground floor area of the principal residential structure, or 500 square feet, whichever is less.

A sign indicating products made or services rendered shall not exceed 200 square inches in any district. Only one on-premises sign is permitted.

Parking and Loading. Adequate space for off-street parking in accordance with § 27-701, Subsection 1A, and Table 27-7-A and loading (where applicable) shall be provided.

There shall be no outdoor storage or display and no change in the existing outside appearance of the building or premises or other visible evidence of the conduct of such home occupation or home professional office other than a sign in accordance with the regulation in Subsection 7G(4) above.

No equipment or process shall be permitted that produces noise, odor, vibration, glare, fumes, light, or electrical interference at the property line and no equipment or process shall be used which creates visual or audible interference in any radio or television receiver of the lot or causes fluctuations in fine voltage off the lot.

No trucks or similar vehicles for pickup or delivery are allowed.

Only articles that are produced on the premises shall be sold on the premises. Articles produced elsewhere shall not be sold on the premises.

Permitted and Prohibited Uses.

The use may include: fine arts studios, office, medical office, dressmaking, beauty parlors, barber shops, real estate offices, insurance offices and similar occupations.

The use may not include: animal hospital, commercial stables, kennels, or any occupation that may customarily require the use of a panel truck or delivery truck or similar vehicle.

Keeping of Animals. The keeping of dogs, cats, or other small animals ordinarily kept in the home as pets.

No more than four customary household pets or domestic animals (e.g., dogs, cats, etc.) ordinarily kept in the home shall be kept under the permanent care of the occupants.

Five or more adult dogs or cats shall constitute a kennel.

Commercial Use. Commercial breeding or use of these pets shall not be permitted under this use.

A zoning permit shall not be required for this use.

Microwave or Satellite Dish. A dish antenna or any other type of antenna used to receive radio, television, or electromagnetic waves from an overhead satellite or transmission tower. This use shall not be construed to permit as a permissible accessory use a microwave antenna for satellite communication used or intended to be used for the propagation or transmission of radio or electromagnetic waves, such being permitted only as Use 5A Telecommunications Facilities.

A microwave or satellite dish shall not be permitted in a front or side yard.

A microwave or satellite dish must be located within governing setback lines.

Maximum height of any satellite dish shall not exceed 10 feet from the base of dish to its highest point. Dish may not be more than 15 feet above ground level.

The diameter of the microwave or satellite dish shall not exceed two feet.

No roof mounted dish is permitted unless dish is less than two feet in diameter and unless installation of a dish on ground level is not practical because of interference with reception from adjoining buildings. If reception is not possible from a ground mounted dish, the lowest roof available shall be utilized for the installation of the dish. A roof-mounted satellite dish shall be located on a portion of the roof sloping away from the front of the lot and shall not project above the ridge line of the roof.

No more than one dish shall be permitted on any lot.

No-Impact Home-Based Business. A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. It is permitted on the same lot with and must be clearly incidental to a permitted dwelling in which the operator of the home business resides and may be permitted where it meets the following regulations: The business or commercial activity must satisfy the following requirements:

The business activity shall be compatible with the residential use of the property and surrounding residential uses.

The business shall employ no employees other than family members residing in the dwelling.

There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

There shall be no outside appearance of a business use including, but not limited to, parking, signs or lights.

The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference at the property line, and no equipment or process shall be used which creates visual or audible interference in any radio or television or telephone receiver off the lot or causes fluctuations in line voltage off the lot.

The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use.

The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area of the principal residential structure.

No home business shall be located in an area needed to meet the off-street parking requirements of the principal residence.

The business may not involve any illegal activity.

Noncommercial Swimming Pool. A noncommercial swimming pool or other structure designed to contain a water depth of 24 inches or more and intended for swimming or recreational purposes. This use may only be permitted as an accessory to a residential use and includes in-ground pool, above-ground/on-ground pool, hot tub/spa, and any other type of swimming pool meeting the description in the preceding sentence. Such use shall not be located, constructed, or maintained on any lot or land area except in conformity with the following requirements:

A zoning permit shall be required to locate, construct or maintain a noncommercial swimming pool.

No pool shall be located in front of the principal building. Pools must be a minimum of 10 feet from the principal building. No above or in-ground pool shall be located within two feet of the side or rear lot line in residential zoning districts or be under any electrical lines (including service lines), or within 10 feet of such power lines, or over any on-lot sewage disposal field. No portion of any walkway or pool appurtenance structure shall be closer than one foot to any lot line.

Permanent swimming pools above or below grade, except for hot tubs/spas, must be completely enclosed with a minimum four-foot high chain link, stockade, picket (not exceeding two-inch spacing), solid wood fence, building wall, or such other material as may be acceptable, at the discretion of the building inspector, to carry out the intent of this chapter. All gates or doors opening through such enclosure shall be kept securely closed and locked at all times when the pool is not in actual use and locks or latches shall be placed so as to be inaccessible to children. All Pennsylvania Uniform Construction Code (PaUCC) requirements for the securing and fencing of pools shall be followed, provided that if a discrepancy exists between the PaUCC requirements and those specified in this chapter, the strictest standards shall govern.

Access to Above-Ground Pools. All detachable ladders shall be removed when the pool is not in use.

The draining of all pools shall comply with environmental protection requirements of Part 5 of this chapter.

No loudspeaker or amplifying device shall be permitted which will project sound beyond the boundaries of the property or lot where such pool is located.

The Borough Zoning Officer shall inspect each pool annually to ensure continued compliance with this chapter.

The pool shall comply with the applicable sections of the Bristol Borough Code of Ordinances, regulating the construction, operation and maintenance of swimming pools.

All hot tubs/spas shall have lockable covers.

Nonresidential Accessory Building or Structure. Accessory building, or structure, or use customarily incidental to the uses permitted within the zoning district, except outside storage or display and drive-through facilities. If a use is permitted by special exception or conditional use, the accessory use shall only be permitted as a special exception or conditional use.

Nonresidential accessory buildings shall meet the minimum setbacks for the principal use.

Additional parking shall conform to the requirements of the most closely related use.

Nonresidential accessory building or structure is permitted wherever the principal use to which it is accessible to, is permitted.

Except where specifically required for specific uses in this chapter, fences and walls in the required side and rear yard areas shall not exceed six feet in height and shall be no closer than the property line.

Fences and walls placed in the required front yard shall not exceed four feet in height and shall be no closer than the property line.

Outdoor Eating Accessory to Food Service. Outdoor eating accessory to food service is permitted as a use accessory to restaurant uses subject to the following requirements:

[Amended by Ord. No. 1341, 7/13/2020]

The outdoor eating area shall be open to the sky with the exception that it may have a retractable awning, umbrella, or tents, and may contain furniture including tables, chairs, and planters that are readily moveable.

Location of outdoor eating areas:

No outdoor eating or food service shall be permitted within the right-of-way of any street or within the sidewalk area, except as provided below.

All outdoor eating areas shall be located a minimum of 10 feet from a side or rear property line where the restaurant abuts or is adjacent to a residential zoning district.

No outdoor service shall be provided before 6:00 a.m. or after 11:00 p.m.

No amplified music or sound is permitted. All activities, including the playing of music, shall comply with the noise regulations of this chapter.

The carrying of any open container of alcoholic beverages is prohibited outside the delineated area of the outdoor eating area.

No outdoor eating area shall interfere with safe pedestrian and vehicular traffic on or in the vicinity of the restaurant or lot.

Outdoor food preparation is prohibited and there shall be no outdoor bar for beverage service.

All trash shall be removed from the outdoor eating area and from the area surrounding the outdoor eating area on at least a daily basis.

Temporary outdoor dining area, as an accessory use to restaurant uses, provided the following conditions are met:

Outdoor dining areas shall have a continuous, unobstructed pathway between the seating area and any obstacle (e.g., tree, pole, post, sign, or planting area) which provides a width sufficient for a safe passage of pedestrians and wheelchairs.

The outdoor dining area shall be situated a sufficient distance from any pedestrian crossing, fire hydrant, driveway, or in a manner which does not visually obstruct vehicular traffic sightlines, traffic control devices, or signs.

No outdoor dining area may be permanently located within the sidewalk area by means of a raised platform, fence, wall, or other structures or enclosed by a fixed wall.

Outdoor tables, chairs, furniture and decorative items shall be of uniform design and shall be removed from public property November 1 through March 31.

The outdoor dining area may be located in the street cart way adjacent to the applicant's property so long as the respective street owner (PennDOT, County, Borough) grants permission, and the applicable rules and regulations are complied with by the applicant.

The outdoor eating area may not occupy areas that are required by the establishment to meet the parking requirements of this chapter.

Outdoor Storage or Display. Outside storage or display, other than storage as a primary use of the land, necessary but incidental to the normal operation of a principal nonresidential use.

Outside storage or display areas shall not occupy any part of the street right-of-way, any area intended or designed for pedestrian use or any required parking area.

Outside storage or display areas shall occupy an area of up to 20% of the lot, but no more than 50% of the existing building coverage, whichever is less. A special exception may be authorized by the Zoning Hearing Board for no more than 25% of the lot area to be used for outdoor storage or display.

Any outdoor storage and display area shall be located a minimum of 10 feet from the street right-of-way.

No outdoor storage shall occupy any portion of the minimum required yard setbacks on the lot.

Parking or Storage of Recreational Vehicles and Other Recreational Equipment. A vehicle or piece of equipment, whether self-powered or designed to be pulled or carried, intended primarily for leisure time or recreational use. Recreation vehicles or units include, but are not limited to, the following: travel trailers, truck-mounted campers, motor homes, folding tent campers, autos, buses or trucks adapted for vacation use, snowmobiles, minibikes, all-terrain vehicles, go-carts, boats, boat trailers, and utility trailers.

Recreational vehicles or units shall be parked and/or stored on lot and shall be parked and/or stored on impervious surface, either in a driveway along the rear or side of the dwelling, in a garage, or in a roofed structure.

Parking and storage of recreational vehicles shall comply with the standards for parking and storage of certain vehicles in § 27-702, Subsection 8A, of this chapter.

Residential Accessory Building, Structure or Use. Permitted residential accessory buildings, structures or uses include:

Parking Spaces and Garages. Shall comply with Part 7 of this chapter.

Fences and Walls.

Fences and walls in the required side and rear yard areas shall not exceed six feet in height (except tennis court fences which shall not exceed 10 feet in height), and shall be no closer than the property line.

Fences or walls placed in the required front yard shall not exceed four feet in height and shall be no closer than the property line.

No fences or walls may be placed in the right-of-way or in drainage easements or swales but may occupy required yard areas.

Freestanding, Separate Structures.

Structures (such as garages, greenhouses, boathouses, carports, canopies, and storage sheds) shall not exceed 15 feet in height and a total of 500 square feet in area. Such structures shall not be located within two feet from a side lot line nor within two feet of a rear lot line. Provided, however, that where a building on an adjacent lot abuts the property line nearest to the proposed structure that the structure may be located on the property in line next to the building on the adjacent lot. Structures may only be located to the rear of the principal building, the closest edge of which must be at least 10 feet from the rear of the principal building. When residential detached accessory structures are placed three feet or closer from a property line, the residential detached accessory structures must have an impervious surface (such as concrete, asphalt, impervious pavers, etc.) between the property line and the residential detached accessory structure, so vegetation cannot grow.

A tennis court may be permitted accessory residential use provided: (i) such court may only be located to the rear of the principal building, the closest edge of which must be at least 10 feet from the rear of the principal building; (ii) such court may not be located within any required minimum yard areas; (iii) no lighting shall shine directly beyond a boundary of the lot where the tennis court is located.

Retail Space within Office Buildings.

No more than three retail establishments for the support of the building occupants will be permitted within a building as an accessory use.

The use shall not occupy more than 10% of the total floor area of the office building or planned business park.

Solar Energy System. An energy system which converts solar energy to usable thermal, mechanical, chemical or electrical energy to meet all or a significant part of a building's energy requirements.

No solar energy system shall deny solar access on adjacent lots.

Solar energy systems accessory to residential uses shall meet the setback requirements for Use 7P Residential Accessory Building, Structure, or Use.

Solar energy systems accessory to nonresidential uses shall meet the setback requirements for Use 7L Nonresidential Accessory Building or Structure.

Temporary Structure or Use. A temporary permit may be issued by the Zoning Officer for structures or uses necessary during construction or other special circumstances of a nonrecurring nature subject to the following additional provisions:

Except for temporary structures regulated in Subsection 7S(4) below, the life of such permit shall not exceed one year and may be renewed for an aggregate period of not more than six months.

Such structure or use shall be removed completely upon expiration of the permit without cost to the Borough.

No residential parcel may be issued more than one permit for the placement of any temporary structure on the property during any twelve-month period.

If the structure is a temporary storage container, an outdoor container commonly referred to as a "POD," or a similar type container, the following standards must be met:

Temporary storage containers shall not exceed 20 feet in length.

Temporary storage containers may only be located within the front yard of any property provided that such containers are set back a minimum of 20 feet from the edge of the sidewalk, or where a sidewalk does not exist, a minimum of 20 feet from the edge of the road. If the required front yard setback is less than 20 feet, the temporary storage container shall be no less than and no greater than 20 feet from the edge of the sidewalk, or where a sidewalk does not exist, a minimum of 20 feet from the edge of the road.

If there is insufficient room in the front yard due to the size or positioning of the building, a temporary storage container may be located in the rear yard if access by alley or road is provided, but must be set back from the rear property line a minimum of 10 feet.

No more than one temporary storage container may be placed on any residential parcel at one time.

Permits for a temporary storage container, an outdoor container commonly referred to as a "POD," or a similar type container may be granted for 30 days and, upon application for an extension, may be renewed for an additional 30 days.

Vending Machines. Vending and service machines are permitted as accessory uses in the following zoning districts only: TC, HC-1, HC-2, NC and GC. No vending or service machine shall be permitted outside a completely enclosed building.

Windmill. A wind energy conversion system is a device which converts wind energy to mechanical or electrical energy, and is subject to the following:

No windmill shall be located in front of the principal building. A windmill shall be set back from any property line, above-ground utility line, or other windmill a distance greater than either: its overall height, including blades plus 50%; or, the minimum yard requirement, whichever is greater.

No windmill shall exceed 55 feet in height.

All windmills shall be enclosed by a fence at least four feet in height which is located at least five feet from the base of such windmill. Any gate that may exist shall be a self-closing, lockable gate.

No windmill shall be permitted the design of which permits any vane, sail or rotor blade to pass within 10 feet of the ground.

All electrical wiring leading to and from a windmill shall be located underground.

The ground level equipment and structures shall be adequately buffered from adjacent properties and street rights-of-way with landscaping or fencing.

A windmill shall primarily serve on-site generation needs. If hookups to a public utility system are proposed, electrical plans must be prepared by a certified electrical engineer, at the applicant's expense, and submitted to the public utility for approval.

The design of a proposed windmill shall be such that it will operate safely, without loss of structural integrity and certified by a licensed engineer, under the following conditions:

Loss of utility power (shall not backfeed dead utility line).

High wind speed (shall brake of feather below survival wind speed).

Blade imbalance (shall support added blade weight of at least 10%).

A minimum of one sign shall be posted near ground level or on the structure warning of high voltage.

A windmill shall not interfere with the reception of any radio, television or other communications equipment.

Non-Household Swimming Pool. A swimming pool or other structure designed to contain a water depth of 24 inches or more and intended for swimming or recreational purposes as an accessory to certain nonresidential uses. This use includes in-ground pool, above-ground/on-ground pool, hot tub/spa, and any other type of swimming pool meeting the description in the preceding sentence. Such use shall not be located, constructed, or maintained on any lot or land area except in conformity with the following requirements:

A zoning permit shall be required to locate, construct or maintain a non-household swimming pool.

Non-household swimming pools must be located a minimum of 15 feet from any lot line and may not be located under or within 15 feet of electric lines (including service lines), or over any on-lot sewage disposal field. No portion of any walkway or pool appurtenance structure shall be closer than five feet to any lot line.

All non-household swimming pools shall be entirely enclosed by a minimum seven-foot high chain link, stockade, picket (not exceeding two-inch spacing), solid wood fence, building wall, or such other material as may be acceptable, at the discretion of the building inspector, to carry out the intent of this chapter. All gates or doors opening through such enclosure shall be kept securely closed and locked at all times when the pool is not in actual use and locks or latches shall be placed so as to be inaccessible to children. All other Pennsylvania Uniform Construction Code requirements for the securing and fencing of pools shall be followed.

Access to Above-Ground Pools. All detachable ladders shall be removed when the pool is not in use.

No loudspeaker or amplifying device shall be permitted which will project sound beyond the boundaries of the property or lot where such pool is located.

The draining of all pools shall comply with the environmental protection requirements of Part 6 of this chapter.

All pools shall meet the applicable state and federal public bathing requirements.

The Borough Zoning Officer shall inspect each pool annually to ensure continued compliance with this chapter.

The pool shall comply with the applicable sections of the Bristol Borough Code of Ordinances, regulating the construction, operation and maintenance of swimming pools.

Meeting/Special Event Facility. Boardroom, seminar and meeting rooms that are used by or rented out to groups for meetings, press conferences, presentations, and lectures. Cooking and food preparation is not a permitted activity in this type of facility, however, catered food and drink items may be delivered for on-site consumption.

Such space may be equipped with white board walls, video streaming, video conferencing capabilities and other audio video and presentation equipment.