[Amended 11-7-2011 by Ord. No. 292]
A.
Unless
otherwise provided by law or in this chapter, no building or structure
shall be constructed, erected or extended and no structure or land
shall be used or occupied except for the purposes permitted by this
article. On any property, parcel, lot or tract of land, only one principal
use shall be permitted. However, multiple uses may be permitted on
a property, parcel or tract of land within the R-C Residence-Commercial
Zoning District by conditional use, subject to the requirements set
forth below, and only those uses permitted within the R-C Zoning District
shall be allowed as such multiple uses.
B.
Multiple
uses on a property, parcel or tract of land may be permitted within
the R-C Residence-Commercial Zoning District by conditional use. Any
and all proposed multiple uses on any property, parcel or tract of
land within the R-C Residence-Commercial Zoning District shall meet
the following requirements:
(1)
Development
within the R-C District shall be designed to protect and preserve
the character of the Borough by employing design, scale, materials
and architecture that are consistent with the historic character of
Silverdale.
(2)
Only those uses permitted within the R-C District shall be allowed as multiple uses as set forth in § 340-20, Table of Use Regulations.
B.
A use listed in § 340-20, Table of Use Regulations, is not permitted in any district under which it is denoted by the letter "N."
C.
A use listed in § 340-20, Table of Use Regulations, may be permitted if the Zoning Hearing Board so determines and issues a special exception as provided in Article XI in any district under which it is denoted by the letters "SE," subject to such requirements as may be specified in § 340-20 and Article XI and such further restrictions as said Board shall establish.
D.
A use listed in § 340-20, Table of Use Regulations, or authorized otherwise by this chapter may be permitted if the Borough Council grants conditional use approval as provided in Article X in any district which is denoted by the letter "C," subject to such requirements as may be specified in § 340-19, Article X, and such other applicable ordinance provisions and/or restrictions and conditions as the Council may establish.
Uses permitted by right, by special exception,
or by conditional use shall be subject, in addition to use regulations,
to such regulations of yard, lot size, lot width, building area, height,
provisions for off-street parking and loading, and to such other provisions
as are specified in other articles hereof. All subdivisions shall
comply with all zoning district regulations within which the property
is located, whether or not the applicant intends to build presently
or in the future, and within such time frame as provided by the Pennsylvania
Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
Any variances and special exceptions granted
by the Zoning Hearing Board or otherwise approved in accordance with
the requirements of this chapter shall expire at the end of one year
from the date of the decision, unless the applicant or owner has been
issued a completed zoning and/or building permit by the Borough in
accordance with the grant of approval.
A.
Residential.
(1)
A1 Single-family detached: a single-family
detached dwelling on an individual lot with private yards on all sides
of the house and with no public or community open space. Detached
dwellings may include dwellings constructed on the lot, prefabricated
dwellings, manufactured dwellings, modular dwellings and mobile homes.
(a)
Only one single-family detached dwelling shall
be placed on a lot, and such detached dwelling shall be occupied by
not more than a single family.
(b)
Area and dimensional requirements:
|
Minimum Yards
| |||||||
|---|---|---|---|---|---|---|---|
|
District
|
Minimum Lot Area
(square feet)
|
Minimum Lot Width at Building
Setback Line
(feet)
|
Maximum Impervious Coverage
(percent)
|
Front
(feet)
|
Side (each)
(feet)
|
Rear
(feet)
|
Maximum Height
(feet)
|
|
R-1
|
15,000
|
100
|
30%
|
35
|
10
|
40
|
35
|
|
R-C
|
15,000
|
100
|
30%
|
35
|
10
|
40
|
35
|
|
HD
|
15,000
|
100
|
30%
|
35
|
10
|
40
|
35
|
(c)
Parking: three off-street parking spaces for
dwellings having three bedrooms or fewer; four off-street parking
spaces for dwellings having four bedrooms or more.
(2)
A2 Residential conversion: the conversion
of an existing single-family detached dwelling or nonresidential building
into two dwelling units, subject to the following provisions:
(a)
The building to be converted shall meet the
minimum yard requirements for a single-family detached house for the
applicable zoning district.
(b)
Detached dwellings which are converted must
maintain the appearance of a detached dwelling with a single front
entrance. Stairways leading to the second or any higher floor shall
be located within the walls of the building wherever practical. Outside
stairways and fire escapes shall otherwise be located on the rear
wall in preference to either side wall and in no case on a front wall
or on a side wall facing a street. After conversion, the building
shall retain substantially the same structural appearance it had before
such conversion.
(c)
The total lot area for the converted dwelling
shall not be less than 50% of the minimum lot area required for the
erection of a single-family detached dwelling on one lot. Thus, if
the conversion involves an expansion of an existing building into
the lot area, the lot area remaining after that expansion (minus the
area of the existing building as so expanded) shall not be less than
50% of the minimum lot area required for the erection of a single-family
detached dwelling on one lot in that zoning district. If the dwelling
proposed to be converted is nonconforming in that it does not meet
minimum lot area requirements, it can only be converted if, after
the conversion, the remaining lot area will be not less than 50% of
the minimum lot area required for a single-family detached dwelling
unit on one lot.
(d)
Certification shall be provided from the servicing
authority that adequate water and sewer service is available for the
two dwelling units.
(e)
Separate cooking, sleeping, living and bathroom
facilities shall be provided for each dwelling unit.
(f)
Each dwelling unit shall have a minimum of 500
square feet of floor area and an additional 100 square feet of floor
area for each bedroom in excess of one.
(g)
Trash receptacles shall not be visible from
the street or abutting properties, except on scheduled pickup days.
(h)
Each converted structure shall have a recreation
area of at least 200 square feet per dwelling unit. The recreation
area shall not be located in the required front, side or rear setback
area.
(i)
Off-street parking spaces shall be located to
the side or rear of the converted structure.
(j)
Off-street parking lots with three or more spaces
shall be buffered from abutting residences by a hedge placed on three-foot
centers. Alternately, a four- to five-foot-high fence may be erected
which provides a visual screen.
(k)
Parking: two off-street parking spaces for each
dwelling unit having from one to three bedrooms, and three spaces
for four-bedroom units. If the converted building is located on a
street on which on-street parking is permitted, the parking requirement
may be fulfilled by a combination of off-street and on-street parking.
Off-street parking is required up to the maximum impervious surface
ratio.
(3)
A3 Twin dwelling unit: a single-family
semidetached unit having only one dwelling unit from ground to roof
and only one wall in common with another dwelling unit.
|
Minimum Yards
| ||||||||
|
District
|
Minimum Lot Area (per dwelling
unit)
(square feet)
|
Minimum Lot Width (per dwelling
unit)
(feet)
|
Maximum Building Coverage
(percent)
|
Front
(feet)
|
Side
(feet)
|
Rear
(feet)
|
Maximum Height
(feet)
| |
|
R-1
|
15,000
|
60
|
15%
|
15
|
10
|
35
|
35
| |
|
R-C
|
10,000
|
50
|
20%
|
15
|
10
|
35
|
35
| |
(4)
A4 Performance standard subdivision: a
type of cluster development in which the developer may choose to develop
a variety of housing types, subject to the regulations below and all
other applicable provisions of this chapter. Performance standard
subdivisions allow the grouping or clustering of dwelling units, permitting
a variety of housing types to encourage better, more-flexible designs.
The subdivision as a whole must meet prescribed standards for open
space, density and impervious surfaces.
(a)
General requirements.
[2]
Dwelling unit mix. A mix of dwelling unit types
is necessary to promote a balanced community. Therefore, a mix is
required, based on the number of dwelling units as set forth in the
table.
|
Number of Dwellings In Development
|
Minimum Required Number of Dwelling Unit
Types
|
Maximum Percent of Any Dwelling Unit Type
|
Minimum Percent of Any Dwelling Unit Type
| |
|---|---|---|---|---|
|
1 to 60
|
1
|
100%
|
20%
| |
|
61 to 150
|
2
|
60%
|
15%
| |
|
151 or more
|
3
|
40%
|
10%
|
[3]
Parking requirements. Units containing three
bedrooms or fewer shall provide a minimum of three off-street parking
spaces. Units containing four bedrooms or more shall provide a minimum
of four off-street parking spaces.
(b)
Requirements for housing types.
[1]
Single-family detached: a single-family detached
dwelling unit on an individual lot with private yards on all sides
of the house. Detached dwellings may include units constructed on
the lot, prefabricated dwellings, manufactured dwellings, modular
dwellings and mobile homes.
[2]
Detached dwelling, off-center: a single-family
detached dwelling unit on an individual lot with private yards on
all sides of the house. The building is set close to one side property
line with a side yard which may be reduced to five feet, and the other
side shall be no less than 15 feet.
[a]
The standards noted in Subsection A(4)(b)[1] above for single-family detached dwellings shall be met, except for the side yard.
[b]
A minimum building spacing of 20
feet shall be provided between dwelling units.
[3]
Village house: a single-family detached dwelling
unit on an individual lot with private yards on all sides of the house.
It differs from other forms of detached housing in the lot size and
placement on the lot. It is similar to houses found in historic villages
and towns. The house is placed close to the street and is additionally
distinguished by planting or architectural treatments.
[a]
Each unit shall meet two or more
of the following characteristics:
[i]
An enclosed porch, running across
at least 3/4 of the house facade, being at least seven feet in width.
[ii]
A front yard raised above sidewalk
grade by at least 30 inches and a retaining wall of at least 18 inches
at the sidewalk line.
[iii]
A front yard enclosed by a wall
or fence of permanent construction at least 30 inches in height and
one flowering shrub per 60 inches across the width of the front of
the house.
[iv]
A hedge of shrubs planted 18 inches
on center for the width of the yard facing the street and two flowering
trees.
[v]
Two canopy trees per lot or three
flowering trees per lot.
[vi]
One canopy tree, one flowering
tree, and one flowering shrub per 90 inches of width of yard facing
the street.
[4]
Twin: a single-family semidetached unit having
only one dwelling from ground to roof and only one wall in common
with another dwelling unit.
[5]
Duplex: a single-family semidetached dwelling
unit with one dwelling unit located above another dwelling unit. The
dwelling units share a common lot area, which is the sum of the required
lot areas of the two dwelling units in the building. There shall be
no more than two dwelling units per structure, and each unit shall
have individual outside access.
[6]
Patio house: a detached or semidetached unit
with one dwelling unit from ground to roof, having individual outside
access. Except for the street setback, the lot shall be fully enclosed
by a wall four to six feet in height. All living spaces, i.e., living
rooms, dens, and bedrooms, shall open onto a private open area or
patio.
[a]
Area and dimensional requirements:
[7]
Multiplex: an attached dwelling unit which may
be arranged in a variety of configurations: side-by-side or back-to-back.
The dwelling units share a common lot area, which is the sum of the
required lot areas of all dwelling units within the building. The
essential feature is the small number of units attached. No more than
six units shall be attached in any structure, and structures shall
average four units each. Each unit shall have individual outside access.
[a]
Area and dimensional requirements:
[8]
Townhouse: a single-family attached dwelling
unit with one dwelling from ground to roof, having individual outside
access. A row of attached townhouses shall not exceed eight units.
[a]
Area and dimensional requirements:
[9]
Apartments: a grouping of dwelling units sharing
common elements, which may include common outside access. The dwelling
units share a common lot area, which is the sum of the required lot
areas of all dwelling units within the building. Apartments shall
contain three or more dwellings in a single structure.
[a]
Area and dimensional requirements:
(5)
A5 Mobile home park: a parcel or contiguous parcels of land which have been so designated and improved that they contain two or more mobile home lots for the placement thereon of mobile homes. "Mobile home lot" is defined in Article II of this chapter. Mobile home lots need not be separately owned or subdivided.
(c)
Each mobile home shall be placed on a concrete
pad with at least one tie-down at each of the four corners.
(d)
The area between the ground and the perimeter
of the mobile home shall be enclosed by means of a masonry wall.
(e)
Every mobile home shall have access to an improved
street.
(f)
No space shall be rented for residential use
of a mobile home in any such park except for periods of 30 days or
more.
(g)
Sewer and water services shall be provided in
accordance with the Borough's regulations.
(h)
One canopy tree per lot shall be required. The
trees shall be at least two inches' caliper.
(i)
Completely detached accessory buildings may
occupy the required side or rear yards but shall not be located closer
than five feet from any property line adjacent to a street or to the
outside perimeter boundary of the tract.
(j)
Decks, patios, and room enclosures are allowed
to extend a maximum of four feet beyond the building envelope (defined
as the area of a lot which does not include any required yard areas)
for no more than 25 feet in length. This extension shall be allowed
on only one side of each dwelling unit. If a dwelling unit has an
attached garage, this extension shall be allowed only on the side
of the dwelling with the attached garage.
B.
Accessory residential.
(1)
B1 Accessory home occupation: a customary
home occupation for gain. An accessory home occupation is a use that
shall be clearly subordinate to the existing residential use of the
property. Such use shall meet the general standards and the specific
standards related to the use as set forth below.
(a)
General standards. The following shall apply
to all home occupations, unless otherwise stated:
[Amended 12-6-2004 by Ord. No. 273]
[1]
A home occupation must be conducted within a
single-family detached dwelling which is the bona fide residence of
the principal practitioner, or in an accessory building thereto, which
is normally associated with a residential use. The home occupation
shall be carried out wholly indoors.
[2]
The maximum amount of floor area devoted to
a home occupation shall not be more than 25% of the ground floor area
of the principal residential structure (excluding the ground area
covered by an attached garage or such other similar building) or 600
square feet, whichever is less.
[3]
In no way shall the appearance of the residential structure be altered or the occupation within the residence be conducted in a manner which would cause the premises to differ form its residential character by the use of colors, materials, construction, lighting, show windows, signs or advertising visible outside the premises to attract customers or clients, other than a sign as permitted in Article VIII.
[4]
All commercial vehicles associated with a home
occupation shall be parked on-lot. Only one commercial vehicle may
be parked outside of a garage or an enclosed structure.
[5]
Off-street parking spaces are not permitted
in the front yard. A nine-foot-wide driveway providing access to parking
areas in the side or rear of the property may be located in the front
yard. All off-street parking areas must be located at least 10 feet
from any property line. Off-street parking lots with three or more
spaces shall be buffered from abutting residences by an evergreen
hedge with the plants placed on three-foot centers. Alternately, a
four- to five-foot-high fence may be erected to provide a visual screen.
[6]
There shall be no exterior storage of materials
or refuse resulting from the operation of the home occupation.
[7]
No equipment or processing shall be used in
a home occupation which creates noise, vibration, glare, fumes, odors,
dust or electrical interference detectable to the normal senses off
the lot. No equipment or process shall be used which creates visible
or audible interferences in any radio or television receivers off
the premises.
[8]
Frequent and repetitive servicing by commercial
vehicles for supplies and materials shall not be permitted.
[9]
Home occupations shall not include the following:
animal hospitals, commercial stables and kennels, funeral parlors,
tourist homes, restaurants, furniture stripping, and rooming, boarding-,
or lodging houses or uses similar to these.
[10]
A zoning permit shall be required for all accessory
home occupations.
(b)
In addition to the general standards set forth in Subsection B(1)(a) of this section, the regulations regarding specific accessory home-based businesses as set forth in this section are as follows. The following specific accessory home occupations (Subsection B(1)(b)[1] through [8]) are permitted, provided that all related conditions are satisfied:
[Amended 12-6-2004 by Ord. No. 273]
[1]
No-impact home-based business. A home-based
business is a no-impact business activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling. This limited no-impact use involves no customer, client
or patient traffic of any nature whatsoever, whether vehicular or
pedestrian. In addition, there shall be no pickup, delivery or removal
functions to or from the premises in excess of those normally associated
with residential use.
[a]
The no-impact business activity
shall be compatible with the residential use of the property and surrounding
residential uses.
[b]
The no-impact home-based business
shall employ no one other than family members residing in the dwelling.
[c]
There shall be no display or sale
of retail goods and no stockpiling or inventory.
[d]
There shall be no external, outside
appearance of a business use from the residence, including but not
limited to parking, signs or lights.
[e]
The no-impact business activity
inside the residence shall have no impact externally and may not use
any equipment or process which creates noise, vibration, glare, fumes,
odors or electrical interference, including interference with radio
or television reception, which is detectable in the neighborhood.
[f]
The no-impact business activity
may not generate any solid waste or sewage discharge, in volume or
type in excess of the typical residential use in the neighborhood.
[g]
The no-impact accessory home-based
use shall be conducted only within the dwelling and may not occupy
more than 15% of the habitable floor area.
[h]
The business may not involve any
illegal activity.
[i]
The limited no-impact home-based
business use shall not supersede any deed restriction, covenant, or
agreement restricting the use nor any master deed, bylaw or other
document applicable to a common-ownership community.
[2]
Personal services: a service business limited
to barbers, beauticians or photographers.
[a]
Beauty parlors and barbershops
may be permitted, provided that no more than one beauty parlor or
barber chair is provided.
[b]
No person other than resident members
of the immediate family may be employed.
[c]
In addition to the off-street parking
spaces required in this chapter for the particular residence, personal
services shall provide one off-street parking space for each employee,
plus one additional space for each 200 square feet of service space.
[3]
Instructional services. An instructional service
is a home occupation in which the practitioner provides the client
with special instruction in the study of art, music, vocal, instrumental
or academic tutorial.
[a]
No more than two students at a
time shall be permitted.
[b]
No persons shall be employed other
than resident members of the immediate family.
[c]
In addition to the off-street parking
spaces required in this chapter for the particular residence, an instructional
service shall provide one off-street parking space per two students
receiving instruction at one time.
[4]
Home crafts. Home crafts are small part-time
or full-time activities in which the craft for sale is completely
manufactured and may be sold on the site or off-site by the resident
craftsperson. Home crafts are limited to the following: artists, sculptors,
dressmakers, seamstresses and tailors, and include such activities
as doll making, model making, weaving, jewelry, engraving and woodworking,
and other similar craft activities.
[5]
Family day care. A family day-care facility
provides care for up to four children, or up to four disabled and/or
elderly persons at one time, who are not relatives of the caregiver.
[a]
Prior to issuing a permit, the
applicant must obtain a registration certificate from the Pennsylvania
Department of Public Welfare, Department of Aging, Labor and Industry,
and other agencies having regulatory oversight.
[b]
A care facility shall be provided
in a room or rooms designed for the safety and well-being of the occupants.
[c]
A minimum outdoor recreation area
of 200 square feet of contiguous area shall be provided for each child
or adult. This area shall not include any impervious surface or parking
area.
[d]
The outdoor play or recreation
area must be enclosed by a four-foot-high fence or other similar fencing
which is deemed appropriate by the Borough. The outdoor recreation
area should be located to the side or rear of the property.
[e]
No more than one person other than
resident members of the immediate family may be employed.
[f]
In addition to the off-street parking
required for a single-family home, at least one additional off-street
parking space is required for each employee, and one space for the
loading and unloading of children or disabled and/or elderly persons.
[6]
Group child day-care center. A group child day-care
center is a facility in which care is provided for more than six but
not more than 11 children at any one time, who are not relatives of
the caregiver.
[a]
All applicable standards for a
family day-care center shall be met.
[b]
Prior to the granting of a permit, the applicant must obtain a license from the Department of Public Welfare, Bureau of Child Development Programs. Licensure is certification of compliance with Chapter H, Section 8C, of the Department of Public Welfare's Social Services Manual by this Department to the applicant subject to licensure under Article X of the Public Welfare Code.
[c]
Minimum lot area: one acre.
[d]
In addition to the off-street parking
required for a single-family home, at least one additional off-street
parking space is required for each employee, and one space for loading
and unloading children.
[7]
Trade home office: the use of a residence as
a home office only for a small trade or business, that includes but
is not limited to electrician, plumber, carpenter, mason, painter,
roofer, and similar occupations, provided that no person shall be
employed other than resident members of the immediate family.
[a]
The area of the office shall not
exceed 25% of the ground floor area of the principal residential structure,
excluding the ground area covered by an attached garage or other similar
building, or 600 square feet, whichever is less.
[b]
No manufacturing or processing
shall be conducted on the property. No construction materials, equipment,
supplies or inventory shall be stored on the premises. Other than
a pickup truck or SUV-type vehicle related to the business, no commercial
trucks, vehicles or trailers shall be parked and/or stored at the
premises.
[c]
In addition to the off-street parking
spaces required in this chapter for the residential use, a trades
business shall provide one off-street space for each employee, and
one off-street parking space for each permitted business vehicle.
[d]
One sign not exceeding four square
feet may be permitted.
[8]
Repair services: a repair shop for small appliances,
lawn mowers, watches, guns, bicycles, locks, small business machines
and other household products, but not including automobiles, trucks
and motorcycle repairs.
[a]
No additional persons other than
resident members of the immediate family may be employed.
[b]
In addition to the off-street parking
spaces required in this chapter for the residential use, this accessory
use shall provide one off-street space per 200 square feet of total
floor area used for the repair service.
[c]
One sign not exceeding four square
feet may be permitted.
(2)
B2 Residential accessory building, structure
or use: a residential accessory building, structure or use, including
but not limited to:
(a)
Garages or parking spaces for the parking of
passenger automobiles, including noncommercial trucks and vans with
loading capacities not exceeding 3/4 ton.
(b)
Garages, enclosed structures or parking for
commercial vehicles.
[1]
No more than one commercial vehicle shall be
parked on a residential property, except as specified for a particular
home occupation.
(c)
Structures such as fences, walls or signs.
(d)
Buildings such as storage sheds, bathhouses
and cabanas.
(e)
Children's playhouses, including children's
elevated playhouses or treehouses (maximum size: 100 square feet).
(f)
Shelter for pets of the occupants of the dwelling.
(g)
Home gardening or noncommercial greenhouse,
or both.
(h)
The above buildings in Subsection B(2)(d), (f) and (g) shall be set a minimum of six feet from a side or rear property line but no closer to the front yard than the building line. Such buildings, except for those in Subsection B(2)(a) and (b), shall be no larger than 16 feet in length and 10 feet in width or 160 square feet in total area, whichever is less.
(i)
Parking for recreational or other vehicles (a
vehicle or piece of equipment, whether self-powered or designed to
be pulled or carried, intended primarily for leisure-time or recreational
use). Recreational vehicles or units include but are not limited to
the following: travel trailers, truck-mounted campers, motor homes,
folding tent campers, automobiles, 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 stored either to the rear or side of the dwelling or in a
garage or in a roofed structure.
(4)
B4 Noncommercial swimming pool. A noncommercial
swimming pool shall be permitted as an accessory use to a single-family
detached residential dwelling. A noncommercial swimming pool shall
be defined, for purposes of this chapter, as a body of water in an
artificial or semi-artificial receptacle or other container, whether
constructed or placed above or below the ground, used or intended
to be used for private swimming by adults or children, or both adults
and children, residing in the house. This definition includes but
is not limited to in-ground pools, aboveground/in-ground pools, and
aboveground and in-ground spas. A noncommercial swimming pool accessory
use shall satisfy the following conditions:
(a)
Every pool shall be enclosed by a barrier not
less than four feet and not more than six feet in height. No barrier
is required where the top of the pool structure is at least four feet
above the finished grade and the access is removed or folded and locked
to prevent entry when not in use. Where the top of the pool structure
is less than four feet above the finished grade, the pool shall be
enclosed as specified herein.
(b)
All gates or doors opening through the barrier
shall open away from the pool and shall be equipped with a self-closing
and self-latching device for keeping the gate or door securely closed
at all times. Where the release mechanism of the self-latching device
is located less than 54 inches from the bottom of the gate, the release
mechanism shall be placed on the pool side of the gate at least three
inches below the top of the gate. When the pool is not being used,
such gate or door shall be locked.
(c)
The pool shall confirm to the applicable setbacks
and side and rear dimensional criteria of the district in which it
is located. No pool shall be permitted to be located within the front
yard.
(d)
Openings in any barrier shall not allow passage
of a four-inch-diameter sphere. Where the barrier is composed of diagonal
members, such as lattice fence, the maximum opening formed by the
diagonal members shall be no more than 1 3/4 inches in width.
(e)
In no case shall the water in the pool or pool
area be permitted to emit an offensive odor or create any unhealthy
condition.
(f)
Drainage of the pool shall not interfere with
or impact the water supply system, existing sewage facilities, or
public streets. Further, the pool shall not drain onto neighboring
property.
(g)
In addition to the aforementioned conditions,
all pools, fences, barriers, and related improvements shall conform
to all building codes as may be in effect in the Borough and as may
be amended from time to time. Where the provisions for this chapter
conflict with the applicable building code, the more-stringent regulations
shall apply.
(h)
The pool shall be lighted by underwater or exterior
lights, or both, provided that all exterior lights are located so
that the light is neither directed nor reflected upon adjacent properties
in such a manner as to be a nuisance or an annoyance to neighboring
properties. Underwater lighting shall be in compliance with the applicable
National Electrical Code.
C.
Institutional.
(1)
C1 Place of worship: any structure or structures
used for worship or religious instruction, including social and administrative
rooms accessory thereto. Use C10, Cemetery, is permitted as an accessory
use to this principal use.
(b)
Parking: one off-street parking space for each
two seats provided, or at least one off-street parking space for each
40 square feet of gross floor area used or intended to be used for
service to patrons, guests or members, whichever requires the greater
number of off-street parking spaces, plus one additional space for
each full-time employee.
(2)
C2 Library or museum: a library or museum
open to the public or connected with a permitted educational use and
not conducted as a private, gainful business.
(a)
Parking: one off-street parking space per five
seats or one off-street parking space per 250 square feet of gross
floor area where no seats are provided, plus one space per employee.
(3)
C3 Private club: a private club or lodge
established for the fraternal, social, educational, civic, or cultural
enrichment of its members, whose members meet certain prescribed qualifications
for membership and pay dues.
(a)
The use shall not be conducted as a private
gainful business.
(b)
The use shall be for members and their authorized
guests only.
(c)
No outdoor active recreation area shall be located
closer to any lot line than the required front yard depth for the
district in which it is located.
(d)
Outdoor recreation areas shall be sufficiently
screened so as to protect the neighborhood from inappropriate noise
and other disturbances.
(e)
Parking: one off-street parking space for every
three persons present at such a facility when filled to capacity,
or at least one off-street parking space for each 50 square feet of
gross floor area used or intended to be used for service to members
and guests, whichever requires the greater number of off-street parking
spaces, plus one additional space for each employee.
(4)
C4 School: religious, sectarian and nonsectarian,
denominational private school or public school which is not conducted
as a private gainful business.
(b)
Outdoor play areas and fields shall be at least
100 feet from side and rear property lines. Outdoor play areas and
fields shall be screened with plant material to protect the neighborhood
from activities.
(c)
Completely detached buildings on the same lot
shall have a minimum separation of at least 20 feet.
(e)
Parking:
[1]
Nursery school or kindergarten: one off-street
parking space for each faculty member and employee, plus two additional
spaces per classroom.
[2]
Elementary school: one off-street parking space
for each faculty member and employee, plus one space per two classrooms
and offices.
[3]
Junior high/middle school: one off-street parking
space per each faculty member and employee, plus one space per two
classrooms and offices.
[4]
Senior high school: one off-street parking space
per each faculty member and employee, plus one space per 10 students
of the projected building capacity.
(5)
C5 Commercial school: trade or professional
school, music or dancing school, or other schools not included in
Use C4, School.
(a)
A commercial school shall be conducted as a
gainful business.
(c)
Parking areas shall be located to the side and rear of the building. The parking areas shall be screened in compliance with § 340-36.
(d)
Parking: one off-street parking space per faculty
member and employee, plus one space for every two students at total
enrollment.
(6)
C6 Community center: a community center,
adult education or social center, or other similar facility operated
by an educational, civic, philanthropic or religious institution.
(a)
A community center shall not be conducted as
a private gainful business.
(b)
Dining services may be part of the regular activities
of the facility.
(c)
The service of alcoholic beverages shall not
be part of the regular activities of the facility.
(d)
No outdoor active recreation area shall be located
closer to any lot line than the required front yard for the district.
(e)
Outdoor recreation areas shall be sufficiently
screened so as to protect the neighborhood.
(f)
Parking: one off-street parking space for each
four seats provided for patron use or at least one off-street parking
space for each 50 square feet of gross floor area used or intended
to be used for service to customers, clients, guests or members, whichever
requires the greater number of off-street parking spaces, plus one
additional space for each employee.
(7)
C7 Day-care center. A facility in which
out-of-home care is provided on a daily basis for seven or more children,
disabled persons and/or the elderly.
(a)
In residential districts, a day-care center
shall be conducted in a building designed to look like a single-family
detached residence.
(b)
An outdoor recreation area shall be provided
with a minimum area of two hundred square feet for each child or 100
square feet for each disabled or elderly person. This outdoor play
area shall be located to the side or the rear of the building and
shall not include any parking or driveway area. The outdoor play area
shall be fully enclosed by a four-foot-high fence and shall be sufficiently
screened so as to protect the neighborhood.
(c)
The maximum number of children shall be 10 children
per acre.
(d)
Sufficient facilities for passenger loading
and unloading shall be provided.
(e)
This use may be permitted as an accessory use
to a permitted nonresidential use.
(f)
The applicant must have received the applicable
permit or permits from the Department of Public Welfare prior to the
issuance of a use and occupancy permit.
(8)
C8 Recreational facility: a recreational
facility or park owned and operated by the Borough or other governmental
agency.
(a)
No outdoor active recreation area shall be located
closer to any lot line than the required front yard depth for the
district.
(b)
Outdoor recreation areas shall be sufficiently
screened and insulated so as to protect the neighborhood from inappropriate
noise and other disturbances.
(c)
Parking: one off-street parking space for each
five persons of total capacity or at least one off-street parking
space for each 50 square feet of gross floor area used or intended
to be used by visitors, whichever requires the greater number of off-street
parking spaces, plus one additional space for each employee.
(9)
C9 Nursing home: a nursing facility or
convalescent home licensed by the Pennsylvania Department of Health
which is set up to provide long-term health care to individuals who,
by reason of advanced age, chronic illness or disabilities, are unable
to care for themselves.
(a)
Minimum lot area: one acre.
(b)
No more than 80 resident patients shall be accommodated
at any one time.
(c)
Each nursing facility must provide an outdoor
sitting area, which must be landscaped. The sitting area must be properly
situated in terms of the microclimate (no extreme southerly exposure)
and shall not be located on land subject to flooding or on slopes
over a grade of 5%.
(d)
Parking: one off-street parking space per two
patient beds, plus one off-street parking space for each staff and
visiting doctor, plus one parking space for each employee (including
nurses) on the two major shifts.
(10)
C10 Cemetery: a burial place or graveyard,
including mausoleum, crematory, columbarium, or chapel.
(a)
Minimum lot area: five acres; minimum yard and
setbacks: 75 feet.
(b)
Lot coverage for accessory buildings and parking
facilities: A maximum of 10% of the lot area may be devoted to aboveground
buildings or impervious surfaces not serving as burial markers or
memorials.
(c)
No burial plots, structures or parking areas
shall be located within the one-hundred-year floodplain.
(d)
No outdoor storage shall be permitted.
(e)
All structures open to the public shall be supplied
with water and sewer. All utilities shall be placed underground.
(f)
Parking: one off-street parking space for each
employee, and one off-street space for each four visitors in total
capacity of the chapel. Parking areas must be screened with plant
material when situated within 50 feet of a property line.
(11)
C11 Municipal services: all municipal
buildings, structures and uses, including but not limited to governmental
offices, garages for the storage of tools, equipment and vehicles,
municipally sponsored police and emergency services, and the use of
land for the stockpiling of materials used by the Borough in its municipal
functions.
(a)
Parking: one off-street parking space for every
four seats in meeting areas or one off-street parking space for each
200 square feet of gross floor area, whichever requires the greater
number of off-street parking spaces, plus one off-street parking space
for every employee.
D.
Office.
(1)
D1 Medical office: an office or clinic
for medical or dental examination or treatment of persons as outpatients,
including laboratories incidental thereto.
E.
Commercial and services.
(1)
E1 Retail shop: a shop or store, with a
gross floor area of 10,000 square feet or less, selling apparel, books,
confections, drugs, dry goods, flowers, foodstuffs, furniture, gifts,
hardware, toys, household appliances, jewelry, notions, periodicals,
shoes, stationery, tobacco, paint, cards, novelties, hobby and art
supplies, music, luggage, sporting goods, pets, floor coverings, garden
supplies, plants, fabrics and automotive accessories. Also included
within this use shall be the sale of soft drinks, beer and other alcoholic
beverages in sealed containers not for consumption on the premises.
(2)
E2 Repair shop: a repair shop for items,
including but not limited to appliances, lawn mowers, watches, guns,
bicycles, locks, and small business machines, but not including automobiles,
motorcycles, trucks, trailers and other heavy equipment.
(3)
E3 Service business. Service business includes
barber, beautician, laundry and dry-cleaning, shoe repair, tailor,
photographer, travel agency, and photocopier center.
(a)
Parking: one off-street parking space for each
100 square feet of total floor area used or intended to be used for
servicing customers, plus one additional space for every two employees.
(4)
E4 Financial establishment: banks, savings
and loan associations, credit unions and other financial establishments.
(a)
For each drive-in teller window, a stacking
lane shall be provided to serve a minimum of eight vehicles. The stacking
lane shall not be used for parking lot circulation aisles, nor shall
it in any way conflict with through circulation or parking.
(b)
Parking: one off-street parking space for every
150 square feet of gross floor area, plus one space for every employee.
(5)
E5 Eating place: a place for the sale and
consumption of food and beverages without drive-in service. All food
and beverages are to be served by waiters and waitresses and consumed
inside the building or outside on a terrace or porch while the patrons
are seated at counters and tables. The sale of alcoholic beverages
must be incidental to the sale and consumption of food.
(a)
Parking: one off-street parking space for every
50 square feet of gross floor area or one off-street parking space
for every three seats, whichever requires the greater number of spaces,
plus one space for every employee on the largest shift.
(6)
E6 Drive-ins and other eating places: an
eating place which utilizes an inside window, service area or cafeteria
line where customers place their orders and food is served for consumption
at seating areas within or outside the building and for customer take-out
service. This type of eating place may also have a drive-through service.
(a)
Where a drive-in window is proposed, a stacking
lane shall be provided to serve a minimum of 12 cars. The stacking
lane shall not be used for parking lot circulation aisles, nor shall
it in any way conflict with through circulation or parking.
(b)
Buffer plantings and screening, in accordance with § 340-36, shall be provided to prevent headlights from shining on adjacent properties.
(c)
Trash receptacles shall be provided outside
the restaurant for patron use.
(d)
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 shall
be landscaped.
(e)
Parking: one off-street parking space for every
50 square feet of gross floor area or one off-street parking space
for every two seats, whichever requires the greater number of spaces,
plus one space for each employee on the largest shift.
(7)
E7 Automotive accessories: sale of automotive
accessories, parts, tires, batteries, and other supplies.
(8)
E8 Service station: an establishment for
the sale of vehicular fuels and the sale and installation of lubricants,
tires, batteries, and similar automotive accessories.
(a)
A minimum lot width of 100 feet shall be provided
along each street on which the lot abuts.
(b)
Access driveways shall be at least 80 feet from
the intersection of any street, measured from the intersection of
the street lines.
(c)
All activities shall be performed within a completely
enclosed building, except those to be performed at the fuel pumps.
(d)
Fuel pumps shall be at least 25 feet from any
street line.
(e)
All automobile parts and similar articles shall
be stored within a building.
(f)
Lubrication, oil changes, tire changes and minor
repairs shall be performed within a building.
(g)
Vehicles awaiting repairs shall not be stored
outdoors for more than seven days.
(h)
The sale of convenience-type products shall
be permitted as an accessory, use subject to the following:
(i)
Paint spraying and body and fender work shall
not be permitted.
(j)
The sale or rental of automobiles, trucks, trailers,
or other vehicles shall not be permitted.
(k)
All fuel tanks shall comply with Environmental
Protection Agency (EPA) and the Pennsylvania Department of Environmental
Protection regulations for such tanks and applicable Borough ordinances.
(l)
Parking: one off-street parking space for every
300 square feet of gross floor area or four off-street parking spaces
for each service bay, whichever requires the greater number of spaces,
plus one space for each employee. Off-street parking spaces are not
to be part of nor interfere with the accessways to the pumps.
(9)
E9 Indoor entertainment: an entertainment
or recreational facility operated as a gainful business and taking
place within a building, including a bowling alley, skating rink,
billiard hall, movie theater, or other similar use.
(a)
Parking requirements:
[1]
Movie theater and theater: one off-street parking
space for every three seats provided for patron use, plus one off-street
parking space for each employee.
[2]
Bowling alley: five off-street parking spaces
for every bowling lane, plus one off-street parking space for each
employee.
[3]
Other uses: one off-street parking space for
every 120 square feet of gross floor area or one off-street parking
space for every three seats, whichever is greater, plus one off-street
parking space for each employee.
(10)
E10 Tavern: an establishment which
serves alcoholic beverages for on-premises consumption and which is
licensed by the Pennsylvania Liquor Control Board. The sale of food
shall be incidental to the primary use.
(a)
Parking: one off-street parking space for each
50 square feet of gross floor area or one off-street parking space
for every two seats intended for use by patrons, whichever requires
the greater number of spaces, plus one off-street parking space for
each employee on the largest shift.
(11)
E11 Funeral home or mortuary: an
establishment for the preparation of the deceased for burial and the
display of the deceased and ceremonies connected therewith before
burial or cremation.
(a)
Parking: one off-street parking space for each
four seats provided for patron use or one off-street parking space
for every 50 square feet of gross floor area used or intended to be
used in the operation of the establishment, whichever requires the
greater number of off-street parking spaces, plus one space for each
employee.
(12)
E12 Dwelling in combination: a dwelling
or dwellings within the same building as an existing or permitted
office or commercial use.
(a)
The maximum density shall be 1.5 dwelling units
per acre.
(b)
The total floor area of the dwelling units shall
not exceed that of the commercial or office use.
(c)
Each dwelling unit shall be completely self-contained,
i.e., each unit shall have separate cooking and sanitary facilities.
(d)
Parking: two off-street parking spaces for dwellings
having three bedrooms or fewer; three off-street parking spaces for
dwellings having four bedrooms or more. This parking is in addition
to the parking required for the commercial or office use.
(13)
E13 Contractor's office. The office
of a contractor (building, cement, electrical, heating, masonry, painting,
roofing and similar trades) shall be the primary use of the property.
Storage may be conducted as an accessory use. The area devoted to
storage shall be a maximum of 50% of the maximum building coverage
that is allowed in the zoning district.
(a)
All materials, vehicles, and equipment shall
be stored within a completely enclosed building.
(b)
Parking: one off-street parking space for each
employee on the largest shift or one space for each 250 square feet
of gross floor area, whichever is greater, plus one space for each
company vehicle normally stored on the premises.
(14)
E14 Automotive repair: automobile
repair garage, including paint spraying and body and fender work,
provided that all repair and paint work is performed within an enclosed
building.
(a)
All automobile parts, refuse, and similar articles
shall be stored within a building or enclosed area.
(b)
Vehicles awaiting repairs and junk vehicles
may not be stored outdoors more than seven days.
(c)
Parking: one off-street parking space for each
100 square feet of total floor area, pus one additional space for
each employee.
(15)
E15 Farm and garden equipment sales:
the retail and/or wholesale sale of farm and garden equipment and
machinery, including the repair and servicing of such equipment.
(a)
All activities shall be performed within a completely
enclosed building, except those to be performed at fuel pumps.
(b)
All parts and similar articles shall be stored
within a building.
(c)
Lubrication, oil changes, tire changes and minor
repairs shall be performed within a building.
(d)
Vehicles and equipment awaiting repairs shall
not be stored outdoors for more than seven days.
(e)
Paint spraying and body work shall not be permitted.
(f)
All fuel tanks shall comply with the Environmental
Protection Agency (EPA) and Pennsylvania Department of Environmental
Protection regulations for such tanks and applicable Borough regulations.
(g)
Parking: one off-street parking space for each
100 square feet of total floor area, plus one additional space for
each employee.
(16)
E16 Car wash: a facility for washing
automobiles, vans and small trucks.
(17)
E17 Multiple commercial use: a group
of commercial establishments which is planned and designed as a complex
of related structures, circulation patterns and parking, subject to
the following:
(a)
The minimum lot area shall be one acre.
(c)
Not more than 25% of the total lot area shall
be occupied by buildings.
(d)
Permitted uses: office, medical office, retail
shop, service business, financial establishment, eating place, repair
shop and indoor entertainment.
(e)
Any use of the same general character as any
of the above-permitted uses shall be permitted when authorized as
a special exception by the Zoning Hearing Board, subject to such reasonable
conditions as the Zoning Hearing Board may determine.
(f)
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.
(g)
Outdoor storage and display shall conform to
the provisions of this chapter.
(h)
The distance at the closest point between any
two buildings or groups of units of attached buildings shall be at
least 10 feet.
(i)
Lighting facilities shall be provided and arranged
in a manner which will protect the highway and neighboring properties
from any direct glare or hazardous interference of any kind.
(j)
Parking: five off-street parking spaces shall
be provided and maintained for each 1,000 square feet, or portion
thereof, of gross leasable area. Gross leasable area is the total
floor area designed for tenant occupancy and use, including basements,
mezzanines, storage areas, and upper floors, if any, expressed in
square feet and measured from the center line of common partitions
and from outside wall faces.
(18)
E18 Outside storage and display:
the outdoor storage or display, other than storage as a primary use
of the land, necessary but incidental to the normal operation of a
primary use..
(a)
No part of the street right-of-way, no sidewalks
or other areas intended or designed for pedestrian use, no required
parking areas, and no part of the required front yard shall be occupied
by outside storage or display.
(b)
Outside storage and display areas shall occupy
an area less than 1/2 of the existing building coverage.
(c)
Outside storage areas shall be shielded from
view from all public streets and adjacent properties.
(19)
E19 Junkyard. A junkyard is an area
of land, with or without buildings, used for the storage, outside
of a completely enclosed building, of used or discarded materials,
including but not limited to wastepaper, rags, metal, building materials,
house furnishings, machinery, vehicles, or parts thereof. The dismantling,
processing, salvage, sale or other use or disposition of the same
may or may not be involved. The deposit or storage of two or more
motor vehicles not having valid inspection stickers issued by the
Pennsylvania Department of Transportation, excluding farm vehicles,
or of two or more wrecked or broken vehicles, or the major parts of
two or more such vehicles, shall only be stored in a lawful junkyard.
(a)
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.
(b)
The boundaries of any junkyard shall at all
times be clearly delineated.
(c)
All paper, rags, cloth and other fibers, and
activities involving the same, other than loading and unloading, shall
be within fully enclosed buildings.
(d)
The land area used for a junkyard shall not
be exposed to public view from any public street or road by virtue
of its location on a hillside or location on a plateau below street
level.
(e)
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, concrete block or concrete, with
access only through gates. The fence or wall shall be situated no
closer to any street or property line than 50 feet. Such fence or
wall shall be kept in good repair and neatly painted in a uniform
color.
(f)
The contents of such a junkyard shall not be
placed or deposited to a height greater than the height of the fence
or wall herein prescribed.
(g)
Between the fence or wall and the street or
property line, buffer plantings shall be placed that are either:
[1]
One deciduous tree (one-and-one-half-inch caliper
minimum) at an average of one tree per 40 lineal feet of buffer, plus
one evergreen tree (three-foot minimum height) at an average of one
tree per 20 lineal feet of buffer, or
[2]
One deciduous tree (one-and-one-half-inch caliper
minimum) at an average of one tree per 40 lineal feet of buffer, plus
one deciduous shrub (three-foot minimum height) per four lineal feet
of buffer. Shrubs shall be privet, forsythia or viburnum species.
(h)
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 the materials above the ground, separation of
types of material, preventing the collection of stagnant water, extermination
procedures, or other means.
(i)
No explosive, toxic, or highly flammable materials
shall be kept on the property.
(j)
No burning shall be carried on in any junkyard.
Fire shall be prevented and hazards avoided by organization and segregation
of combustibles from other materials and enclosure of combustibles
where necessary (gas tanks shall be drained), by the provision of
adequate aisles of at least 15 feet for escape and fire-fighting,
and by other necessary measures.
(k)
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 the 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 runoff from a one-hundred-year, twenty-four-hour
storm. All hazardous liquids shall be properly disposed of according
to the rules and regulations of the Department of Environmental Protection.
(l)
Parking: one off-street parking space for each
employee in the largest shift, plus three spaces for customer parking.
(20)
E20 Bed-and-breakfast: the use of
an existing single-family detached dwelling for the accommodation
of overnight guests for a fee.
(a)
A bed-and-breakfast use shall be accessory to
the principal residence of the dwelling.
(b)
The minimum lot size for a bed-and-breakfast
use shall be the same as for a single-family detached dwelling in
the applicable zoning district.
(c)
The maximum number of guest rooms shall be four.
(d)
There shall be no use of show windows for display
or advertising visible outside the premises to attract guests. One
nonilluminated sign, which may not exceed four square feet, shall
be permitted for each establishment.
(e)
Nonresident employees shall be limited to two
in addition to the resident members of the family.
(f)
No external alterations, additions, or changes
to the exterior of the structure shall be permitted, except as required
by the Pennsylvania Department of Labor and Industry or for safety
reasons as required by any other governmental agency. Fire escapes
or external stairways shall be located either to the rear or to the
side of the residence.
(g)
There shall be no separate kitchen or cooking
facilities in any guest room. Food served to guests on the premises
shall be limited to breakfast and afternoon tea only. There shall
be no restaurant facilities on the premises open to the public.
(h)
Trash facilities shall be located to the rear
of the property and shall not be visible from the street. The facilities
shall be screened with a fence and/or trees and shrubbery.
(i)
The maximum uninterrupted length of stay at
a bed-and-breakfast facility shall be 14 days.
(j)
The use of any outdoor amenities provided on
the premises, such as a swimming pool or tennis court, shall be restricted
to the resident family and its guests and to the guests of the establishment.
If the outdoor amenities are within 100 feet of the property line,
an evergreen hedge or row of evergreen trees shall be planted along
the property line, which will block the view of the recreation facilities
from the adjacent property.
(k)
A zoning permit shall not be granted unless
the applicant has obtained documentation from the servicing authority
that adequate water and sewer service is available for the proposed
use.
(l)
Parking: there shall be one off-street parking
space per guest bedroom provided on the premises, in addition to off-street
parking for the residents of the facility. The off street parking
spaces shall be located either to the rear of the main dwelling or
in the side yard if screened from the adjacent property by fencing
or plant material.
(21)
E21 Adult commercial uses.
(a)
ADULT COMMERCIAL BOOKSTORE
ADULT ENTERTAINMENT CABARET
ADULT MOVIE HOUSE
OTHER ADULT USES
An adult commercial store, adult entertainment
cabaret, adult movie house, tattoo parlor, body piercing services,
other similar types of uses, and other adult uses as defined below:
An establishment with more than 15 square feet of floor area
devoted to the display, selling and/or rental of pornographic materials,
which are pictures, drawings, photographs or other depictions or printed
matter and paraphernalia which, if sold knowingly to a minor under
18 years of age, would violate the criminal laws of the Commonwealth
of Pennsylvania in effect at the same time.
A public or private establishment which is licensed to serve
food and/or alcoholic beverages, which features live sex, topless
dancers, strippers, male or female impersonators, or similar entertainers,
or a similar establishment to which access is limited to persons 18
years of age or older.
An enclosed building used regularly and routinely for presenting,
displaying or exhibiting obscene matter for observation by patrons
therein, or a similar establishment to which access is limited to
persons 18 years of age or older.
Any business, activity or use similar to or of the same general
nature as the uses listed above.
(b)
These adult commercial uses shall be subject
to the following provisions:
[1]
The building or structure of such use shall
be located no less than 500 feet from any residential use, public
or private school, church, recreation facility or any other religious,
institutional or educational use.
[2]
No such use shall be located within 2,000 feet
of a similar use.
[3]
No pornographic material shall be visible from
a window, door, or exterior of the building.
[4]
No person under the age of 18 years of age shall
be permitted within a building whose operation would be considered
an adult use.
[5]
Parking: one off-street parking space for each
four seats provided for patron use, or at least one off-street parking
space for each 50 square feet of gross floor area used or intended
to be used for service to customers, patrons, clients, guests, or
members, whichever requires the greater number of off-street parking
spaces, plus one additional space for each full-time employee.
(22)
E22 Convenience store: a retail store
offering primarily groceries, prepared food items, and other consumer
items intended for quick carry-out trade. Where sale of gasoline or
fuel is proposed, the use shall be located only in a district where
Use E8, Service station, is permitted and only where the requirements
for the service station are met.
(a)
Minimum lot area: 1.5 acres.
(b)
The use shall have frontage on Main Street,
Walnut Street or Barringer Avenue.
(c)
There shall be only one point of ingress and
egress.
(d)
No drive-through windows are permitted.
(e)
Trash receptacles shall be provided outside
of the building for patron use.
(f)
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 shall
be landscaped.
(g)
Parking: one off-street parking space for each
100 square feet of gross area used or intended to be used for servicing
customers. At least 55% of the parking stalls shall be located to
the side or rear of the building.
(23)
E23 Miniwarehouse: a warehouse and/or
storage units provided for lease to the general public for the purpose
of storage of articles commonly associated with residential properties.
(a)
Dimensional requirements:
[1]
Minimum lot area: one acre.
[2]
Maximum building coverage: 25%.
[3]
Minimum setback from street line: 50 feet.
[4]
Minimum setback from lot lines: 25 feet.
[5]
Minimum lot width: 125 feet.
[6]
Maximum height of storage units: 12 feet.
[7]
Maximum height of other buildings: 35 feet.
[8]
Minimum aisle width between buildings: 26 feet.
[9]
Maximum size of individual storage unit: 300
square feet.
[10]
Maximum size of any building:
6,000 square feet.
(b)
The storage facilities complex shall be surrounded
by a fence at least eight feet in height of a type approved by the
Borough. The outside perimeter of the fence shall be surrounded by
an evergreen hedge, which shall provide a visual screen, with the
plants being a minimum of six feet in height and planted every six
feet.
(c)
Outdoor storage of automobiles, boats, or recreational
vehicles is permitted if they are within the fenced area and the parked
vehicles shall not interfere with traffic movement throughout the
complex and they are not visible from the street.
(d)
An office and residence is permitted as an accessory
use to provide a full-time caretaker.
(e)
Minimum requirements for lease restrictions:
(f)
Parking: a minimum of four spaces, plus one
space for every five storage units.
(24)
E24 Automobile sales: the sale of
automobiles by a duly franchised new-car dealership, used-car sales,
or car, truck, trailer, cycle and boat rentals, including repair work
conducted as an accessory use.
(a)
Minimum area: two acres.
(b)
A maximum of 50% of the site area may be used
for the storage and display of vehicles. The display and/or storage
area shall be at least 25 feet from the right-of-way of the frontage
street.
(d)
Parking: one off-street parking space for each
100 square feet of total floor area and one off-street parking space
for each 5,000 square feet of total outside vehicle display area,
plus one additional space for each employee. This required parking
shall not be used for the display of automobiles offered for sale
or lease.
F.
Utilities.
(1)
F1 Utilities: a transformer station, pumping
station, relay station, substations, switching center, and any similar
or related installation, but not cellular telecommunications facilities
permitted as Use F3.
(a)
In residential districts, such uses shall be
permitted only where all of the following conditions have been met.
These requirements shall not apply to uses that are exempt under Section
619 of the Pennsylvania Municipalities Planning Code.[2]
[1]
Such installation is essential to service such
residential area.
[2]
No public business office, storage building
or storage yard shall be operated in connection with the use.
[2]
Editor's Note: See 53 P.S. § 10619.
(b)
Parking: two off-street parking spaces, plus
one off-street parking space for each employee normally in attendance
at the facility.
(2)
F2 Emergency services: fire, ambulance,
rescue and other emergency services of a municipal or volunteer nature.
(a)
Parking: three off-street parking spaces for
every four employees on the two major shifts at maximum employment,
or four off-street parking spaces for each fire truck where no community
room is a part of the building, whichever requires the greater number
of parking spaces. Where a community room is provided, two off-street
parking spaces for each fire truck, plus one off-street parking space
for each 50 square feet of gross floor area.
(3)
F3 Cellular telecommunications facility.
A cellular telecommunications facility consists of the equipment and
structures involved in receiving telecommunication or radio signals
from a mobile radio communications source and transmitting those signals
to a central switching computer which connects the mobile unit with
the land-based telephone lines. A tower is a structure that is intended
to support equipment used to transmit and/or receive telecommunications
signals. An example of such a structure is a monopole steel structure.
An antenna is a device used to collect or transmit telecommunications
or radio signals. Examples are panels, microwave dishes, and single
poles know as whips.
(a)
The following general provisions apply to all cellular telecommunications facilities. The general standards are in addition to the provisions for the particular applications specified in Subsection F(3)(b) and (c) below.
[1]
The location of the tower and equipment building
shall comply with all natural resource protection standards of this
chapter.
[2]
The following buffer plantings shall be located
around the perimeter of the security fence:
[a]
An evergreen screen shall be planted
that consists of either a hedge, planted three feet on center maximum,
or a row of evergreen trees planted 10 feet on center maximum.
[b]
Existing vegetation (trees and
shrubs) shall be preserved to the maximum extent possible on the site
of a tower (and guy wires if used) and equipment building.
[3]
An eight-foot-high security fence shall completely
surround the tower (and guy wires if used) and equipment building.
[4]
The tower shall be designed and constructed
to all applicable standards of the American National Standards Institute,
ANSI/EIA-222-E Manual, as amended.
[5]
A soil report complying with the standards of
Appendix I: Geotechnical Investigations, ANSI/EIA 222-E, as amended,
shall be submitted to the Borough to document and verify the design
specifications of the foundation for the tower, and anchors for the
guy wires if used.
[6]
Towers and antennas shall be designed to withstand
wind gusts of at least 100 miles per hour.
[7]
An antenna may not be located on a building
or structure that is listed on a historic register.
[8]
Owners of existing towers shall accept the facilities
of additional users at fair market lease value, unless the owner of
the tower presents to the Borough substantial documented evidence
that the multiple use of the tower is technologically infeasible.
[9]
When a tower is no longer in use as a telecommunications
facility, the owner shall promptly remove the tower within 180 days.
Prior to receipt of a zoning permit for the construction of a tower,
the applicant shall provide to the Borough financial security in an
amount determined by the Zoning Hearing Board to be sufficient to
guarantee the removal of the tower. Said financial security shall
remain in place until the tower is removed.
[10]
The applicant shall make application for and
receive a building permit following receipt of a zoning permit.
(b)
Site requirements. A cellular telecommunications
facility may be located on any parcel in the R-C Residence-Commercial
District and upon any Borough-owned property, subject to the following
conditions:
[1]
A cellular telecommunications facility shall
be fully automated and unattended on a daily basis and shall be visited
only for periodic maintenance.
[2]
An antenna may be attached to a nonresidential
commercial building or a commercial structure that is a permitted
use in the district. The following conditions shall be met:
[a]
Maximum height: 20 feet above the
existing building or structure.
[b]
If the applicant proposes to locate
the telecommunications equipment in a separate building, the building
shall comply with the following:
[i]
The tower shall not be located
closer to an occupied building than a distance equal to the height
of the tower.
[ii]
An eight-foot-high security fence
shall surround the building.
[iv]
Vehicular access to the building
shall not interfere with the parking or vehicular circulation on the
site of the principal use.
(c)
A tower to support an antenna may be constructed
on a property with a nonresidential use that is a permitted use in
the district, subject to the following conditions:
(d)
An antenna for a cellular telecommunications
facility may be attached to a residential building, provided that
it is not more than 20 feet above the existing building.
(e)
A cellular telecommunications facility is not
permitted on vacant land that has been established as permanent open
space or within any floodplain or wetlands areas.
(f)
The following criteria shall be used by the
Zoning Hearing Board to evaluate an application for a special exception
to construct a telecommunications facility:
[1]
The applicant shall demonstrate that the tower
for the telecommunications facility is the minimum height necessary
for the service area. The applicant shall also demonstrate that the
facility must be located where it is to serve the company's system.
The applicant shall demonstrate that the telecommunications facility
cannot be located on any existing tower in the R-C District.
[2]
The applicant shall present documentation that
the tower is designed in accordance with the standards cited in this
chapter for telecommunications towers.
[3]
The applicant shall demonstrate that the proposed
tower complies with all state and federal laws and regulations concerning
aviation safety.
[4]
The need for additional buffer yard treatment
shall be evaluated.
[5]
The applicant shall demonstrate that the telecommunications
facility must be located where it is proposed in order to serve the
applicant's service area.
[6]
Where the telecommunications facility is located
on a property with another principal use, the applicant shall present
documentation that the owner of the property has granted an easement
for the proposed facility and that vehicular access is provided to
the facility.
[7]
The applicant shall demonstrate that there are
no existing towers or structures in the vicinity on which the facilities
can be located to provide substantially the same service.
[8]
If a monopole tower is not proposed, the applicant
shall demonstrate the necessity for use of a different tower structure.
[9]
All plans and drawings submitted for tower and/or
antenna proposals shall contain the signature and seal of a professional
structural engineer.
G.
Temporary uses.
(1)
G1 Temporary structure: a temporary structure,
building or use. A permit may be issued for a temporary structure,
building or use that is necessary during construction or other special
circumstances of a nonrecurring nature.
(a)
The time period of the initial permit shall
not exceed six months. This permit may be renewed for three-month
time periods, not to exceed a total of 21 months from the initial
permit.
(b)
Such structure, building or use shall be removed
completely within 30 days of the expiration of the permit, without
cost to the Borough.
(2)
G2 Temporary community event: a temporary
activity, including but not limited to exhibitions, auctions, carnivals,
circuses, picnics, and suppers for fund-raising, and similar organizational
events. These regulations shall not apply to the local fire company
and the area-wide senior citizens center.
(a)
Such temporary use shall be limited to not more
than seven days per occurrence. Such events shall be limited to not
more than four occurrences in a calendar year for each organization
or property. There shall be at least a thirty-day period between such
occurrences.
(b)
Signs advertising a temporary community event
shall be limited to 12 square feet in size. Such signs shall be posted
no more than 14 days prior to the first day of the event and shall
be removed on the final day of the event. No more than four off-premises
signs shall be placed within the Borough. The location of off-premises
signs must be approved by the owners of the property upon which they
are to be located.
(c)
The applicant for a temporary community event
shall provide plans and documentation to ensure adequate parking,
emergency access, road access, sanitary facilities, refuse collection,
noise control, and cleanup after the event.
(3)
G3 Flea market: a periodic activity where
merchandise is sold within a building and/or outdoors, where transient
retail merchants offer goods, new and used, for sale to the public.
(a)
The minimum site area shall be one acre.
(b)
Outdoor sales areas shall not exceed 40% of
the site devoted exclusively to the flea market activity.
(c)
Outdoor sales area shall not be located in the
minimum front, side or rear yards and shall be set back at least 50
feet from any lot line or street line.
(d)
Sales directly from vehicles shall be prohibited.
(e)
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.
(f)
Goods for sale must be removed from the site
when the flea market is not in use.
(g)
A flea market shall not be open more than three
days in any one week.
(h)
The area to be utilized for outdoor sales shall
be physically delineated on the site by fencing, plantings, markers
or other means acceptable to the Borough Council.
(i)
Outdoor sales areas shall not encroach upon
required parking areas and shall not interfere with traffic movement
on the site.
(j)
The proposed flea market shall be served adequate
water and sewage disposal facilities, the adequacy of which shall
be demonstrated and guaranteed to the satisfaction of the Borough
Council.
(k)
Parking: one off-street parking space for every
150 square feet of gross floor area and outdoor sales areas, plus
one space for each merchant.
(4)
G4 Commercial forestry: the harvesting
of more than 15 trees with a trunk width of three inches or more at
a height three feet above the average ground level on any tract or
lot within a calendar year. This use shall not apply to Christmas
tree farms nor to the approved clearing of a lot that is necessary
for construction.
(a)
A forestry management plan shall be prepared
and followed.
[1]
The plan shall be prepared by a professional
forester who has graduated from a college or university with a four-year
degree in forest resources management.
[2]
The forestry management plan shall be submitted
for an advisory review by the Pennsylvania Bureau of Forestry and
the Borough Planning Commission.
[3]
The forestry management plan shall be consistent
with the Timber Harvesting Guidelines of the Pennsylvania Forestry
Association.
(b)
Clear-cutting shall be prohibited, except on
tracts of less than 1/2 acre.
(c)
On tracts larger than 1/2 acre, at least 30%
of the forest cover (canopy) shall be kept, and the residual trees
shall be well-distributed. At least 30% of these residual trees shall
be composed of higher-value species, as determined by a professional
forester.
(d)
An erosion and sedimentation control plan shall
be submitted to the Bucks County Conservation District for review
and recommendation.
H.
Industrial uses.
(1)
H1 Extractive operation: sand, clay, shale,
gravel, topsoil, or similar extractive operations, including borrow
pits (excavations for removing material for filling operations).
(a)
A zoning permit shall be obtained on an annual
basis.
(b)
When applying for a zoning permit, the applicant
shall provide the following plans and information:
[1]
Plans required.
[a]
Plan of the general area (within
a one-mile radius of the site), at a scale of 1,000 feet or less to
the inch, with a twenty-foot or less contour interval, to show:
[b]
Plan of the proposed site, at a
scale of 100 feet or less to the inch, with a five-foot or less contour
interval, to show:
[ii]
Proposed usage:
[A]
Final grading by contours.
[B]
Interior road pattern, its relation
to the operation yard and points of ingress and egress to state and
township roads.
[C]
Estimated amount description of
aggregate and overburden to be removed.
[D]
Ultimate use and ownership of the
site after completion of the operation.
[E]
Source and amount of water, if
the final plan shows use of water.
[F]
Plan of operation showing proposed
tree screen locations; soil embankments for noise, dust, and visual
barriers and heights of spoil mounds; method of disposition of excess
water during operation; location and typical schedule of blasting;
machinery (type and noise levels); safety measures; and monitoring
of complaints.
[2]
Performance standards.
[a]
Operations. Extractive operations shall meet all development and performance standards of § 340-33.
[b]
Setbacks. No excavation, quarry
wall, storage or area in which processing is conducted shall be located
within 200 feet of any lot line, 200 feet of any street right-of-way,
or within 200 feet of any residential or agricultural district boundary
line.
[c]
Grading. All excavations, except
stone quarries over 25 feet in depth, shall be graded in such a way
as to provide an area which is harmonious with the surrounding terrain
and not dangerous to human or animal life.
[i]
Excavations shall be graded and
backfilled to the grades indicated by the site plan. Grading and backfilling
shall be accomplished continually and as soon as practicable after
excavation. Grading and backfiring may be accomplished by use of waste
products of the manufacturing operation or other clean fill materials,
provided that such materials are composed of non-noxious, noncombustible
solids.
[ii]
Grading and backfilling shall
be accomplished in such a manner that the slope of the fill or its
cover shall not exceed the normal angle of slippage of such materials,
or 45° in angle, whichever is less. During grading and backfilling,
the setback requirements in Subsection H(1)(b)[2][b] above may be
reduced by 0.5, so that the top of the graded slope shall not be closer
than 100 feet of any district boundary line, any lot line or any street
right-of-way. Stockpiles shall not exceed 100 feet in height.
[iii]
When excavations which provide
for a body of water are part of the final use of the tract, the banks
of the excavation shall be sloped to a minimum ratio of seven feet
horizontal to one foot vertical, beginning at least 50 feet from the
edge of the water and maintained into the water to a depth of five
feet.
[iv]
Drainage, either natural or artificial,
shall be provided so that disturbed areas shall not collect water
or permit stagnant water to remain.
[d]
Access. Truck access to any excavation
shall be so arranged as to minimize danger to traffic and avoid nuisances
to surrounding properties.
[e]
Planting. When planting is the
final use to which the tract is put, all that is not covered by water
shall be covered with a sufficient amount of arable soils to support
vegetation. A planting plan shall be prepared for the entire finished
tract, using various types of plant material for the prevention of
soil erosion and to provide vegetative cover.
[f]
Stone quarry. Stone quarries whose
ultimate depth shall be more than 25 feet shall provide the following:
[i]
A screen planting within the setback
area as specified in Subsection H(1)(b)[2][b] above shall be required.
Such screen shall be no less than 25 feet in width and set back from
the excavation so as to keep the area next to the excavation planted
in grass or ground cover and clear of any obstruction.
[ii]
A chain-link (or equal) fence
at least 10 feet high and with an extra slanted section on top, strung
with barbed wire, shall be placed at either the inner or outer edge
of the planting completely surrounding the area.
[iii]
Warning signs shall be placed
on the fence at intervals of no more than 100 feet.
[g]
No ground vibration caused by blasting
or machinery shall exceed the limits established by the Act of July
10, 1957, P.L. 685, as amended, 73 P.S. §§ 164 to 168,
and the rules and regulations adopted thereunder, with the exception
that no blasting shall cause a peak particle velocity greater than
one inch per second, measured at any property line. Blasting shall
not occur between the hours of 6:00 p.m. and 7:00 a.m.
[h]
Applicants for this use shall submit
a water impact study in accordance with the requirements of this chapter.
[j]
Parking: one off-street parking
space for each employee in the largest shift, plus one space for each
company vehicle normally stored on the premises.
(2)
H2 Manufacturing: manufacturing, including
the production, processing, cleaning, testing, and distribution of
materials, goods, foodstuffs, and products.
(3)
H3 Research: research, testing, or experimental
laboratory.
(b)
Parking: one off-street parking space for each
employee on the largest shift, or one off-street parking space for
every 250 square feet of total floor area, whichever is greater, plus
one space for each company vehicle normally stored on the premises.
(4)
H4 Wholesale business, wholesale storage,
warehousing: wholesale business, wholesale storage or warehousing
with no retail sales.
(5)
H5 Printing: printing, publishing, and
binding.
(b)
Parking: three off-street parking spaces for
each four employees on the largest shift or one off-street parking
space for every 250 square feet of gross floor area, whichever is
greater, plus one space for each company vehicle normally stored on
the premises.
(6)
H6 Contracting: contractor offices and
shops, such as building, cement, electrical, heating, masonry, painting,
and roofing.
(b)
All materials and vehicles shall be stored within
a building or an enclosed area which is properly screened.
(c)
Parking: one off-street parking space for each
employee on the largest shift or one off-street parking space for
every 500 square feet of total floor area, whichever is greater, plus
one space for each company vehicle normally stored on the premises.
(7)
H7 Truck terminal: a use of land or structures
for the storage of trucks and/or the transfer of freight from one
truck to another.
(a)
Short-term warehousing may be permitted under
this use.
(b)
The truck terminal shall be licensed by the
Public Utilities Commission.
(c)
Trucks with compressors running 24 hours a day
shall be located within a quadrangle of buildings or walls.
(e)
Parking: one off-street parking space for each
employee or one space for every 500 square feet of total floor area,
whichever requires the greater number of spaces, plus one space for
each company vehicle normally stored on the premises.
(8)
H8 Mill: a mill where grain and similar
products are processed.
(9)
Academic clinical research centers.
[Added 4-2-2018 by Ord.
No. 325]
(a)
Parking requirements will follow the applicable parking regulations found in the Silverdale Borough Code General Regulations in § 340-64, and specifically Subsection H(3). Off-street parking regulations as listed for commercial or facilities and in accordance with the Silverdale Borough Zoning Ordinance and Subdivision Land Development Ordinance.
(b)
An academic clinical research center may only grow medical marijuana
in an indoor, enclosed and secure building which includes electronic
locking systems, electronic surveillance and other features required
by the DOH. The security system shall be electronically tied into
the police department for monitoring. The grower/processor facility
shall not be located in a trailer, cargo container, mobile or modular
unit, mobile home, recreational vehicle or other motor vehicle.
(c)
All external lighting serving an academic clinical research
center must be shielded in such a manner to not allow light to be
emitted skyward onto adjoining properties. All lighting shall comply
with the Silverdale Borough Zoning Ordinance and Subdivision Land
Development Ordinance.
(d)
A buffer planting is required where an academic clinical research
center adjoins a residential use or district, and shall comply with
the most recent edition of the Silverdale Borough Zoning Ordinance
and Subdivision Land Development Ordinance.
(10)
Medical marijuana grower/processors.
[Added 4-2-2018 by Ord.
No. 325]
(a)
A medical marijuana grower/processor may only grow medical marijuana
in an indoor, enclosed, and secure building which includes electronic
locking systems, electronic surveillance and other features required
by the DOH. The security system shall be electronically tied into
the police department for monitoring. The grower/processor facility
shall not be located in a trailer, cargo container, mobile or modular
unit, mobile home, recreational vehicle or other motor vehicle.
(b)
The maximum floor area of a medical marijuana grower/processor
shall include sufficient space for production, secure storage of marijuana
seed, related finished product cultivation, and marijuana-related
materials and equipment used in the production and cultivation or
for required laboratory testing.
(c)
There shall be no emission of dust, fumes, vapors, odors, or
waste into the environment from any facility where medical marijuana
growing, processing or testing occurs.
(d)
Marijuana remnants and by-products shall be secured and properly
disposed of in accordance with the DOH Policy and shall not be placed
within any unsecure exterior refuse containers.
(e)
The grower/processor shall provide only wholesale products to
other medical marijuana facilities. Retail sales and dispensing of
medical marijuana and related products is prohibited at medical marijuana
grower/processor facilities.
(f)
Grower/processors may not locate within 1,500 feet of the property
line of a public, private, or parochial school or day-care center.
Measurement shall be taken from the closest property line of the grower
to the closest property line of the public, private or parochial school
or day-care center.
(g)
All external lighting serving a medical marijuana grower/processor
must be shielded in such a manner to not allow light to be emitted
skyward onto adjoining properties. All lighting shall comply with
the most recent edition of the Silverdale Borough Code.
(h)
Parking requirements will follow the parking regulations found in the Silverdale Borough Code Subsection D(2), Off-street parking regulations, as listed for commercial or facilities and in accordance with the Silverdale Borough Zoning Ordinance and Silverdale Subdivision and Land Development Ordinance.
(i)
A buffer planting is required where an academic clinical research
center adjoins a residential use or district, and shall comply with
the most recent edition of the Silverdale Borough Zoning Ordinance
and Silverdale Subdivision and Land Development Ordinance.
(j)
Entrances and driveways to a medical marijuana grower/processor
facility must be designed to accommodate the anticipated vehicles
used to service the facility, including delivery vehicles, tractor-trailers,
vans and box trucks. Driveway access and egress, parking lot lighting
and drainage shall comply with the most recent edition of the Silverdale
Borough Zoning Ordinance and Silverdale Subdivision and Land Development
Ordinance.
(k)
Driveways and parking space at a medical marijuana grower/processor
facility must be designed to accommodate turning radii of the anticipated
vehicles used to service the facility. No street-side loading or unloading
shall be permitted. Delivery vehicles shall have the necessary space
to enter, and if required turn-around and exit the facility as needed
to serve the facility.
(l)
Loading and off-loading areas within the structure is required.
If an external loading dock arrangement is necessary it must be from
within a secure environment.
(11)
Medical marijuana transport vehicle service.
[Added 4-2-2018 by Ord.
No. 325]
(a)
A traffic impact study is required where the office is operated.
(b)
Parking requirements will follow the parking regulations found in the Silverdale Borough Code General Regulations of § 340-64 and specific parking regulations of Subsection H(4), Off-street parking regulations, as listed for commercial or facilities and in accordance with the Silverdale Borough Zoning Ordinance and Silverdale Subdivision and Land Development Ordinance.
(c)
All external lighting serving a medical marijuana transport
vehicle service must be shielded in such a manner to not allow light
to be emitted skyward onto adjoining properties. All lighting shall
comply with the Silverdale Borough Zoning Ordinance and Silverdale
Subdivision and Land Development Ordinance.
(d)
A buffer planting is required where a medical marijuana transport
vehicle service adjoins a residential use or district, and shall comply
with the most recent edition of the Silverdale Borough Zoning Ordinance
and Silverdale Subdivision and Land Development Ordinance.
(e)
Entrances and driveways to a medical marijuana transport vehicle
service must be designed to accommodate the anticipated vehicles used
to service the facility, including delivery vehicles, tractors, vans
and box trucks. Driveway access and egress, parking, parking lot lighting
and drainage shall comply with the most recent edition of the Silverdale
Borough Zoning Ordinance and Silverdale Subdivision and Land Development
Ordinance.
[1]
All accesses must secure the appropriate highway occupancy permit
(state, county and/or borough).
[2]
The clear sight triangle found is in accordance with the most
recent edition of the Silverdale Borough Code and Subdivision Land
Development Ordinance must be considered and maintained.
[3]
The driveway must be designed and improved to the standards
expressly described in the Silverdale Borough Code and Subdivision
Land Development Ordinance.
(f)
Driveways and parking space at a medical marijuana transport
vehicle service facility must be designed to accommodate turning radii
of the anticipated vehicles used to service the facility. No street-side
loading or unloading shall be permitted. Delivery vehicles shall have
the necessary space to enter, and if required turn-around and exit
the facility as needed to serve the facility.
(g)
If for some reason a medical marijuana product is to be temporarily
stored at a medical marijuana transport vehicle service facility,
the facility must be secured to the same level as a medical marijuana
grower/producer and dispensary. No medical marijuana product, by-product,
supplies, or apparatus may be stored in any transport vehicle unless
the vehicle is inside the building with the necessary security as
required for a grower/producer.
(h)
Loading and off-loading areas within the structure is required.
If an external loading dock arrangement is necessary, it must be from
within a secure environment.
(12)
Medical marijuana dispensary.
[Added 4-2-2018 by Ord.
No. 325]
(a)
A medical marijuana dispensary must be legally registered in
the commonwealth and possess a current valid medical marijuana permit
from the DOH.
(b)
A medical marijuana dispensary may only dispense medical marijuana
in an indoor, enclosed, permanent, and secure building and shall not
be located in a trailer, cargo container, mobile or modular unit,
mobile home, recreational vehicle or other motor vehicle.
(c)
A medical marijuana dispensary may not operate on the same site
as a facility used for growing and processing medical marijuana, or
at a transporting vehicle service facility.
(d)
Medical marijuana dispensaries shall have a single secure public
entrance and shall implement appropriate security measures to deter
and prevent the theft of marijuana and unauthorized entrance into
areas containing medical marijuana.
(e)
Permitted hours of operation of a dispensary shall be 9:00 a.m.
to 5:00 p.m. Monday through Friday.
(f)
A medical marijuana dispensary shall be a maximum of 1,000 square
feet of which no more than 150 square feett shall be used for secure
storage of product, and shall have an interior customer waiting area
equal to a minimum of 25% of the gross floor area.
(h)
A medical marijuana dispensary may dispense only medical marijuana
to certified patients and caregivers and shall comply with all lawful,
applicable health regulations.
(i)
A medical marijuana dispensary may not be located within 1,500
feet of the property line of a public, private or parochial school
or a day-care center. This distance shall be measured in a straight
line from the closest property line of the facility or portion thereof
in which the business is conducted or proposed to be conducted, to
the closest property line of the protected use area, regardless of
municipality in which it is located.
(j)
A medical marijuana dispensary shall be a minimum distance of
one mile from the next nearest medical marijuana facility. This does
not include complementing or supporting businesses covered by different
definitions. This distance shall be measured in a straight line from
the closest property line of the facilities or portions thereof on
which the businesses are conducted or proposed to be conducted, regardless
of municipality in which it is located. This separation distance does
not apply to the distance between the grower/producer or academic
clinical research centers and the specific dispensary they serve,
or with which they partner.
(k)
Any medical marijuana facility lawfully operating shall not
be rendered in violation of these provisions by the subsequent location
of a public, private or parochial school or a day-care center.
(l)
All external lighting serving a medical marijuana dispensary
must be shielded in such a manner to not allow light to be emitted
skyward onto adjoining properties. All lighting shall comply with
the Silverdale Borough Zoning Ordinance and Silverdale Subdivision
and Land Development Ordinance.
(m)
Parking requirements will follow the parking regulations found in the Silverdale Borough Code Subsection E(3), Off-street parking regulations, as listed for service businesses and in accordance with the Silverdale Borough Zoning Ordinance and Silverdale Subdivision and Land Development Ordinance.
(n)
A buffer planting is required where a medical marijuana dispensary
adjoins a residential use or district, and shall comply with the most
recent edition of the Silverdale Borough Zoning Ordinance and Silverdale
Subdivision and Land Development Ordinance.
(o)
Entrances and driveways to a medical marijuana dispensary must
be designed to accommodate the anticipated vehicles used to service
the facility, including delivery vehicles, tractors, vans and box
trucks. Driveway access and egress, parking, parking lot lighting
and drainage shall comply with the most recent edition of the Silverdale
Borough Zoning Ordinance and Silverdale Subdivision and Land Development
Ordinance.
[1]
All accesses must secure the appropriate highway occupancy permit
(state, county and/or borough).
[2]
The clear sight triangle found is in accordance with the most
recent edition of the Silverdale Borough Code and Subdivision Land
Development Ordinance must be considered and maintained.
[3]
The driveway must be designed and improved to the standards
expressly described in the Silverdale Borough Code and Subdivision
Land Development Ordinance.
(p)
Driveways and parking space at a medical marijuana dispensary
facility must be designed to accommodate turning radii of the anticipated
vehicles used to service the facility. No street-side loading or unloading
shall be permitted. Delivery vehicles shall have the necessary space
to enter, and if required turn-around and exit the facility as needed
to serve the facility.
(q)
Loading and off-loading areas within the structure is required.
If an external loading dock arrangement is necessary, it must be from
within a secure environment.
In the following Table of Use Regulations, “Y” denotes a use permitted by right; “N” denotes a use which is not permitted; “SE” denotes a use subject to special exception (refer to Article XI); and “C” denotes a use subject to conditional use approval (refer to Article X).
|
List of Uses
|
R-1
|
R-C
|
HD
|
I/I
| ||||
|---|---|---|---|---|---|---|---|---|
|
A.
|
Residential
| |||||||
|
A1
|
Detached dwelling
|
Y
|
Y
|
Y
|
Y
| |||
|
A2
|
Residential conversion
|
Y
|
Y
|
Y
|
Y
| |||
|
A3
|
Twin
|
Y
|
Y
|
Y
|
Y
| |||
|
A4
|
Performance standard subdivision
|
N
|
N
|
Y
|
N
| |||
|
A5
|
Mobile home park
|
N
|
Y
|
N
|
N
| |||
|
B.
|
Accessory residential
[Amended 12-6-2004 by Ord. No. 273; 11-3-2014 by Ord. No. 309] | |||||||
|
B1
|
Accessory home occupation
| |||||||
|
[1]
|
No-impact home-based business
|
Y
|
Y
|
Y
|
Y
| |||
|
[2]
|
Personal services
|
N
|
Y
|
N
|
Y
| |||
|
[3]
|
Instructional services
|
N
|
Y
|
N
|
Y
| |||
|
[4]
|
Home crafts
|
N
|
Y
|
N
|
Y
| |||
|
[5]
|
Family day care
|
N
|
Y
|
N
|
Y
| |||
|
[6]
|
Group child day-care center
|
N
|
Y
|
N
|
N
| |||
|
[7]
|
Trade home office
|
N
|
Y
|
N
|
Y
| |||
|
[8]
|
Repair services
|
N
|
Y
|
N
|
Y
| |||
|
B2
|
Accessory building, structure use
|
Y
|
Y
|
Y
|
Y
| |||
|
B3
|
Accessory apartment
|
N
|
Y
|
N
|
Y
| |||
|
B4
|
Noncommercial swimming pool
|
Y
|
Y
|
Y
|
Y
| |||
|
C.
|
Institutional
| |||||||
|
C1
|
Place of worship
|
Y
|
Y
|
N
|
Y
| |||
|
C2
|
Library or museum
|
Y
|
Y
|
N
|
Y
| |||
|
C3
|
Private club
|
N
|
Y
|
N
|
Y
| |||
|
C4
|
School
|
Y
|
Y
|
N
|
Y
| |||
|
C5
|
Commercial school
|
N
|
Y
|
N
|
Y
| |||
|
C6
|
Community center
|
N
|
Y
|
N
|
Y
| |||
|
C7
|
Day-care center
|
N
|
Y
|
N
|
Y
| |||
|
C8
|
Recreational facility
|
Y
|
Y
|
Y
|
Y
| |||
|
C9
|
Nursing home
|
N
|
Y
|
N
|
Y
| |||
|
C10
|
Cemetery
|
Y
|
Y
|
N
|
Y
| |||
|
C11
|
Municipal services
|
Y
|
Y
|
Y
|
Y
| |||
|
D.
|
Office
| |||||||
|
D1
|
Medical office
|
N
|
Y
|
N
|
Y
| |||
|
D2
|
Office
|
N
|
Y
|
N
|
Y
| |||
|
E.
|
Commercial and services
| |||||||
|
E1
|
Retail shop
|
N
|
Y
|
N
|
N
| |||
|
E2
|
Repair service
|
N
|
Y
|
N
|
N
| |||
|
E3
|
Service business
|
N
|
Y
|
N
|
N
| |||
|
E4
|
Financial establishment
|
N
|
Y
|
N
|
N
| |||
|
E5
|
Eating place
|
N
|
Y
|
N
|
N
| |||
|
E6
|
Drive-in
|
N
|
Y
|
N
|
N
| |||
|
E7
|
Automobile accessories
|
N
|
C
|
N
|
N
| |||
|
E8
|
Service station
|
N
|
Y
|
N
|
N
| |||
|
E9
|
Indoor entertainment
|
N
|
Y
|
N
|
N
| |||
|
E10
|
Tavern
|
N
|
Y
|
N
|
N
| |||
|
E11
|
Funeral home
|
N
|
Y
|
N
|
N
| |||
|
E12
|
Dwelling in combination
|
N
|
Y
|
N
|
N
| |||
|
E13
|
Contractor's office
|
N
|
Y
|
N
|
N
| |||
|
E14
|
Automobile repair
|
N
|
C
|
N
|
N
| |||
|
E15
|
Farm and garden equipment
|
N
|
Y
|
N
|
N
| |||
|
E16
|
Car wash
|
N
|
Y
|
N
|
N
| |||
|
E17
|
Multiple commercial use
|
N
|
C
|
N
|
N
| |||
|
E18
|
Outside storage and display
|
N
|
Y
|
N
|
Y
| |||
|
E19
|
Junkyard
|
N
|
C
|
N
|
N
| |||
|
E20
|
Bed-and-breakfast
|
N
|
Y
|
N
|
N
| |||
|
E21
|
Adult commercial use
|
N
|
C
|
N
|
N
| |||
|
E22
|
Convenience store
|
N
|
Y
|
N
|
N
| |||
|
E23
|
Miniwarehouse
|
N
|
Y
|
N
|
N
| |||
|
E24
|
Automobile sales
|
N
|
C
|
N
|
N
| |||
|
F.
|
Utilities
| |||||||
|
F1
|
Utilities
|
Y
|
Y
|
Y
|
Y
| |||
|
F2
|
Emergency services
|
Y
|
Y
|
Y
|
Y
| |||
|
F3
|
Cellular telecommunications
|
N
|
SE
|
N
|
N
| |||
|
G.
|
Temporary
| |||||||
|
G1
|
Temporary structure
|
Y
|
Y
|
Y
|
Y
| |||
|
G2
|
Temporary community event
|
Y
|
Y
|
N
|
Y
| |||
|
G3
|
Flea market
|
N
|
Y
|
N
|
Y
| |||
|
G4
|
Commercial forestry
|
Y
|
Y
|
Y
|
Y
| |||
|
H.
|
Industrial uses
[Amended 4-2-2018 by Ord.
No. 325] | |||||||
|
H1
|
Extraction operation
|
N
|
N
|
N
|
C
| |||
|
H2
|
Manufacturing
|
N
|
N
|
N
|
Y
| |||
|
H3
|
Research
|
N
|
N
|
N
|
Y
| |||
|
H4
|
Wholesale business
|
N
|
N
|
N
|
Y
| |||
|
H5
|
Printing
|
N
|
N
|
N
|
Y
| |||
|
H6
|
Contracting
|
N
|
N
|
N
|
Y
| |||
|
H7
|
Truck terminal
|
N
|
N
|
N
|
C
| |||
|
H8
|
Mill
|
N
|
N
|
N
|
Y
| |||
|
H-9
|
Academic clinical research centers
|
N
|
N
|
N
|
Y
| |||
|
H10
|
Medical marijuana grower/processors
|
N
|
N
|
N
|
Y
| |||
|
H11
|
Medical marijuana transport vehicle offices
|
N
|
N
|
N
|
Y
| |||
|
H12
|
Medical marijuana dispensaries
|
N
|
N
|
N
|
Y
| |||
