Each use that has additional requirements listed in this article shall comply with the conditions listed in this article as a condition for being permitted. The determination of compliance shall be made by the Zoning Officer. A site plan submission and review may also be required under § 255-253.
A.
Purpose. The special exception process is designed
to allow a careful review of uses that have some potential conflicts
with adjacent uses or areas.
B.
Procedure.
(1)
The Zoning Officer shall not grant a permit
under this chapter for a proposed special exception use until written
approval of the Zoning Hearing Board is obtained.
(2)
All applicants for a special exception use shall
submit eight sets of required submittal materials for the proposed
use to the Zoning Officer, or the Zoning Officer's authorized agent,
as part of the application for a special exception use. Photographs
of the existing site or buildings may also be requested to be presented
by the applicant.
(3)
Site plan, subject to compliance with § 255-253 to determine whether a detailed site plan is required.
(4)
The Zoning Officer should, prior to the next
Zoning Hearing Board meeting where the application will be discussed,
review the plan to determine compliance with this chapter and submit
a report to the Zoning Hearing Board.
(5)
The Board shall review any reports received
from the Zoning Officer and Planning Commission.
(6)
The Board shall hear and decide such requests for a special exception use under the procedures of Article XXVIII and the Municipalities Planning Code, as amended.[1] The Municipalities Planning Code shall preempt any section of Article XXVIII that might be directly in conflict.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
(7)
The decision of the Board shall be in writing
and shall be communicated to the applicant in accordance with the
Municipalities Planning Code.
C.
Approval of special exception uses.
(1)
The Zoning Hearing Board shall approve any proposed
special exception use if it finds adequate evidence that any proposed
use will meet:
(2)
In granting a special exception, the Board may
require such reasonable conditions and safeguards, in addition to
those expressed in this chapter, as it may deem necessary to implement
the purposes of this chapter.
D.
Special exception standards. Each special exception
use shall comply with all of the following standards:
(1)
Other laws. It shall not be in serious conflict
with other Borough ordinances or state or federal laws or regulations
that the Zoning Hearing Board has clear knowledge of.
(2)
Comprehensive Plan. It shall be generally consistent
with the adopted Comprehensive Plan.
(3)
Traffic. It shall not result in or significantly
add to a serious traffic hazard or serious traffic congestion.
(4)
Safety. It shall not create a significant public
safety hazard, including fires, toxic or explosive hazards.
(5)
Neighborhood. It will not significantly negatively
affect the desirable character of an existing residential neighborhood.
(6)
Design. It will involve adequate sight design
methods, including evergreen screening, setbacks, berming and traffic
control, to avoid serious negative influences on adjacent uses.
F.
Conditions imposed by the Zoning Hearing Board shall
automatically become conditions of the building permit issued pursuant
thereto, and any failure to comply with said conditions shall be a
violation of this chapter.
G.
Persons with disabilities. After the Zoning Officer
receives a complete written application, the Zoning Hearing Board
shall grant a special exception allowing modifications to specific
requirements of this chapter that the applicant proves to the satisfaction
of the Zoning Hearing Board are necessary to provide a "reasonable
accommodation" under the Americans With Disabilities Act and/or the
Federal Fair Housing Act and/or applicable state law, as amended,
to serve persons who the applicant proves have "disabilities" as defined
in and protected by such laws.
A.
Purpose. The conditional use process is designed to
allow a careful review of uses that have some potential for conflicts
with adjacent uses or areas.
B.
Procedure.
(1)
The Zoning Officer shall not grant a permit
under this chapter for a proposed conditional use until written approval
of the Borough Council is obtained.
(2)
A written application for a conditional use
shall be submitted by the applicant to the Zoning Officer or the Zoning
Officer's authorized agent, explaining in detail the proposal of the
applicant; photographs of the existing site or building and drawings
or other plans showing the proposed conditional use may be required
by the Zoning Officer.
(3)
Site plan, subject to compliance with § 255-253 to determine whether a detailed site plan is required.
(4)
The Zoning Officer should, prior to the next
Borough Council meeting where the application will be discussed, review
the plan to determine compliance with this chapter and submit a report
to the Borough Council.
(5)
The Planning Commission may, at its option,
review a proposed conditional use application and submit an advisory
recommendation to the Borough Council. The intent of this provision
is to allow an additional review for proposed uses that would have
wide-ranging effects.
(6)
The Borough Council shall review any reports
received from the Zoning Officer and Planning Commission.
C.
Approval of conditional uses.
(1)
The Borough Council shall approve any proposed
conditional use if it finds adequate evidence that any proposed use
will meet:
(2)
In granting a conditional use, the Borough Council
may attach such reasonable conditions and safeguards, in addition
to those expressed in this chapter, as it may deem necessary to implement
the purposes of the Pennsylvania Municipalities Planning Code[1] and this chapter.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
D.
Conditional use standards. Each conditional use shall
comply with all of the following standards:
(1)
Other laws. It shall not be in serious conflict
with other Borough ordinances or state or federal laws or regulations
that the Borough Council has clear knowledge of.
(2)
Comprehensive Plan. It shall be generally consistent
with the adopted Comprehensive Plan.
(3)
Traffic. It shall not result in or significantly
add to a serious traffic hazard or serious traffic congestion.
(4)
Safety. It shall not create a significant public
safety hazard, including fire, toxic or explosive hazards.
(5)
Design. It will involve adequate sight design
methods, including evergreen screening, setbacks, berming and traffic
control, to avoid serious negative influences on adjacent uses.
E.
Conditions imposed by the Borough Council shall automatically
become conditions of any building or other permit issued in connection
with the use, and any failure to comply with said conditions shall
be a violation of this chapter as well as of any other ordinance relating
to such permit.
A.
The following standards shall be met for each of the uses listed in this section. In addition, each use listed in this section shall meet all other requirements of this chapter. Also, uses listed as a special exception use in a particular district shall meet the standards of § 255-197D. In the case of conflict, the stricter regulation shall rule.
(1)
Adult bookstore, adult movie theater, massage
parlor or cabaret.
(a)
No such use shall be located within 300 linear
feet of any primary or secondary school, place of worship, public
park, day-care center/child nursery, library, residential district
or any site marked as a proposed future park location on the Borough
Official Map.
(b)
No such use shall be located within 1,000 linear
feet of any existing adult bookstore, adult movie theater, massage
parlor or cabaret.
(c)
A forty-foot buffer yard shall be provided, regardless of zoning district, along the side and rear lot lines in accordance with Article XXIII, but with plantings of an initial minimum height of six feet, unless the use is attached to a building that includes a minimum of 15 other uses.
(d)
No pornographic material or words shall be placed
in view of persons who are not inside of the establishment. Definite
precautions shall be made to prohibit minors from entering the premises.
(e)
The applicant must prove to the satisfaction
of the Zoning Hearing Board that such use would not adversely affect
the desirable character of the surrounding area, including property
values.
(f)
No such use shall be used for any purpose that
violates any federal, state or Borough law. Any violation of this
zoning requirement involving a serious criminal offense that the proprietor
has or clearly should have had continuing and/or preknowledge of and
allows to occur shall be sufficient reason for the Borough to withdraw
the permit under this chapter.
(g)
No such use shall be allowed in combination
with the sale or consumption of alcoholic beverages.
(h)
The use shall not include the sale or display
of obscene materials. "Obscene materials" shall be as defined by applicable
federal and state law.
(i)
These uses are specifically prohibited in all
districts except the C-2 District.
(j)
Any private viewing booths shall be completely
enclosed and limited to one person per booth.
(k)
No use may involve live actual or simulated
sex acts for exhibition or similar purposes.
(l)
The use shall not operate between the hours
of 12:00 midnight and 6:00 a.m.
(2)
Adult day-care center.
(2.1)
Age-restricted mid-rise condominium.
The purpose of this use is to provide incentives for age-restricted
developments by establishing regulations to permit development tailored
to the needs of residents 55 years of age and older and their spouses,
recognizing their special needs and relatively reduced impacts on
surrounding land uses.
[Added 2-8-2007 by Ord. No. 2068, approved 2-15-2007]
(a)
The minimum tract size shall be 1.5 acres.
(b)
At least 1.5 parking spaces shall be required
for each dwelling unit.
(c)
Building coverage: 30% maximum.
(d)
Impervious coverage: 60% maximum.
(e)
Dwelling units per building: 42 dwelling units
maximum.
(f)
Building length: 280 feet maximum.
(g)
Density: 17 dwelling units per acre maximum.
(h)
Recreation and open space: 15% minimum.
(i)
Distance between buildings: 40 feet minimum.
(j)
Distance from parking paved edge or top of curb
to building foundation: 10 feet minimum.
(k)
Distance from internal drive paved edge or top
of curb to building foundation: 10 feet minimum.
(l)
The development shall be managed by a condominium
owners' association. Prior to granting final land development plan
approval for the development, the condominium declarations and bylaws
shall be subject to the approval of the Borough Solicitor with respect
to provisions relating to the construction and/or maintenance of municipally
required improvements and payment and enforceability of costs and
expenses related thereto.
(m)
The development may contain a clubhouse and/or
association building for the use of residents and their invited guests
only. This clubhouse and/or association building may be contained
within or attached to a building or may be a separate structure limited
to one story. Its program may consist of a meeting room, activity
rooms, library, fitness center, limited kitchen facilities, restrooms
and offices. The facility may be shared with adjacent age-restricted
mid-rise condominium developments.
(n)
The development may contain gatehouses, mechanical
entry gates, gazebos and bus shelters. Minimum front yard setbacks
for these uses: 10 feet.
(o)
Shared common elements may include, but are
not limited to, entrance areas, site amenities, corridors, elevators,
association rooms, clubhouses and recreation facilities restricted
to use by residents and their invited guests only.
(p)
Multiple uses are allowed on a single lot.
(q)
All units and common areas of the buildings
must comply with current Americans with Disabilities Act (ADA) standards.
(r)
In all other respects, the provisions of this
chapter pertaining to accessory uses, area and bulk regulations and
additional requirements, not excluding supplementary regulations and
performance standards, inter alia, applicable to the zoning district
in which the age-restricted mid-rise condominium is located shall
be complied with. Should any of the provisions of this Subsection
A(2.1) be inconsistent with any provisions of this chapter, the provisions
of this Subsection A(2.1) shall prevail.
(3)
Animal hospital veterinary office.
(a)
A minimum lot size of at least one acre shall
be required for those animal hospitals treating small animals, such
as cats, birds or snakes. A minimum lot size of at least three acres
shall be required for those animal hospitals treating large animals,
such as cattle, horses or pigs.
(b)
All buildings in which animals are housed or
provided care shall be located at least 100 feet from all lot lines.
Buildings should be adequately soundproofed so that sounds generated
within the buildings cannot be perceived at the lot lines.
(c)
Outdoor animal runs may be provided for small
animals so long as the runs are at least 200 feet from any existing
dwelling.
(4)
Animal husbandry.
(a)
The use shall be conducted on a lot at least
five acres in size.
(b)
No new barns, animal shelters, stables, feed
yards or manure storage areas shall be located closer than 300 feet
from all dwellings, except the dwelling of the owner or lessee, residential
district boundaries and from existing restaurants and existing office
uses and 150 feet from all exterior property lines.
(c)
No additions to existing barns, animal shelters,
stables, feed yards or manure storage areas will be located closer
than 150 feet from all property lines, residential district boundaries
and dwellings, except the dwelling of the owner or lessee.
(d)
Any area used for the keeping of animals or
livestock shall be separated by a fence and setback 50 feet from any
lot line of an existing dwelling or any lot line within a residential
district.
(5)
Apartments located in a commercial district.
(6)
Auto repair garage.
(a)
All major repair and paint work shall be performed
within an enclosed building.
(b)
All reasonable provisions shall be made to prevent
or minimize noise, odor, vibration, light or electrical interference
to adjacent lots.
(c)
Outdoor storage of motor vehicles shall only
be behind the front yard line and shall be no closer than 20 feet
from any abutting lot line of a dwelling.
(d)
Outdoor storage of auto parts and junk shall
be prohibited.
(e)
No vehicle that is not operable or does not
have current registration shall be stored in view of public streets
or a dwelling for a total of more than 10 days.
(f)
Service bay doors shall not face abutting dwellings,
if possible.
(g)
A use that is primarily intended to serve trucks
with three or more axles shall be required to have a minimum lot area
of three acres, and all areas used for repairs and servicing shall
be set back a minimum of 100 feet from all existing residential lot
lines and residential zoning boundaries.
(7)
Auto, boat, or mobile/manufactured home sales.
No vehicle or home on display shall occupy any part of the existing
or future street right-of-way, required parking area or required buffer
area.
(8)
Auto service station.
(b)
All activities, except those to be performed
at the fuel or air pumps, shall be performed within a completely enclosed
building.
(c)
Fuel pumps shall be at least 25 feet from the
existing street right-of-way.
(d)
All automobile parts and dismantled vehicles
are not to be visible from a public street or dwelling.
(e)
No vehicle that is not operable or does not
have current registration shall be stored within view of a public
street or dwelling for more than a total of 10 days.
(f)
There shall be an ability for a minimum of four
vehicles to be serviced at each cluster of gasoline pumps or to be
lined up behind cars being serviced without obstruction of access
into or out of the use.
(g)
A use that is primarily intended to serve trucks
with three or more axles shall be required to have a minimum lot area
of three acres, and all areas used for fueling and servicing shall
be set back a minimum of 100 feet from all existing residential lot
lines and residential zoning district boundaries.
(9)
Bed-and-breakfast use.
(a)
No more than four rental units shall be provided,
and no more than four persons may occupy one rental unit.
(b)
At least one bathroom shall be provided for
use by guests.
(c)
There shall be no use of show windows or any
type of display or advertising visible from outside the premises,
except for a single nonilluminated sign no larger than two square
feet in size.
(d)
A preexisting residence shall retain a residential
appearance and character.
(e)
The use shall be operated only by persons who
reside within the bed-and-breakfast and by a maximum of one nonresident
employee.
(f)
There shall be no separate cooking facilities
in any guest room. Food shall only be served to guests who are staying
overnight.
(g)
The maximum, uninterrupted length of stay at
a bed-and-breakfast shall be 14 days.
(h)
The use of any amenities provided by the bed-and-breakfast,
such as swimming pool or tennis court, shall be restricted in use
to the guests and permanent residents of the establishment.
(10)
Boardinghouse.
(a)
Minimum lot area: one acre.
(b)
Minimum setback from all lot lines: 25 feet.
(c)
Minimum lot width: 150 feet.
(d)
Maximum density: eight rental units per acre.
(e)
Each rental unit shall be limited to a maximum
of two persons each.
(f)
Interior space: a minimum of 300 square feet
of interior floor space per rental unit.
(g)
See also standards for personal care centers,
which is a separate use.
(h)
Signs shall be limited to two signs with a maximum
of two square feet each.
(11)
Car wash.
(a)
Traffic flow and ingress-egress shall not cause
traffic hazards on adjacent streets.
(b)
Access points shall be limited to two on each
street abutting the lot.
(c)
On-lot traffic circulation channels and parking
areas shall be clearly marked.
(d)
Adequate provision shall be made for the proper
and convenient disposal of refuse.
(e)
Centralized sewage disposal facilities and centralized
water supply facilities shall be provided.
(f)
Water from the car wash operation shall not
flow onto sidewalks or streets, to prevent hazards from ice.
(g)
It shall be unlawful for any person, partnership,
firm, corporation or other entity to keep or place in operation a
self-service car wash or other self-service motor vehicle laundry,
situated in a residential area and where two or more motor vehicles
may be washed simultaneously, between the hours of 11:00 p.m. and
6:00 a.m., except during such periods therein as an attendant on premises
is provided by the said operator. As used in this subsection, “residential
area” shall mean an area zoned residential under this Zoning
Ordinance of the Borough of Carlisle.
[Amended 3-10-2005 by Ord. No. 2031, approved 3-10-2005]
(12)
(13.1)
Community services and resource center.
(a)
Community services and resource centers shall
include one or more community rooms held open to the public on a regular
basis for conferences, programs, clinics and the like and may include
administrative offices devoted to the use.
(b)
At least 25% of the interior habitable floor
space shall be devoted to a community room or rooms.
[2]
Editor’s Note: This ordinance also redesignated
former Subsection A(13.1), Convention center, as Subsection A(13.2).
(13.2)
Convention center.
[Added 3-10-2005 by Ord. No. 2030, approved 3-10-2005]
(a)
Convention centers and exposition centers may
include any of the following uses, provided such uses are primarily
sized, located and designed as one integrated development to serve
those persons or groups of persons attending the exposition and convention
center, and not the general public per se:
(b)
Minimum required lot area: five acres.
(c)
Required parking shall be determined based upon a combination of the types of activities proposed and the schedule listed in § 255-205, but in no event shall be less than one parking space for each 200 square feet of indoor floor space. In addition, an unimproved grassed overflow parking area to be provided for peak use periods may be required. Such overflow parking areas shall be accessible only from the interior driveways of the permanent parking lot. Overflow parking areas shall contain fencing to prevent vehicles from crossing adjoining properties or directly accessing adjoining roads. Soil erosion, sedimentation and stormwater runoff shall be controlled in accordance with all applicable laws, ordinances and regulations.
[Amended 3-13-2008 by Ord. No. 2098, approved 3-15-2008]
(d)
All activities and functions related to the
principal and accessory uses, excepting those specified in the next
Subsection A(13.2)(e) and parking, shall be conducted indoors.
(e)
Any booths or other structures used for the
collection of admission and/or parking fees shall be set back and
arranged on site to prevent vehicle backups on adjoining roads during
peak arrival periods. Any other collection of fees (roaming parking
lot attendants) shall be conducted in a manner to prevent vehicle
backups on adjoining roads. The collection of charges or fees within
any public street or right-of-way is prohibited.
(14)
Day-care center: [see nursery school day-care center standards in § 255-199A(29) of this section].
(15)
Drive-through facility for any use. Any drive-in
windows and waiting lanes shall be located and have capacity for sufficient
numbers of vehicles, to ensure that traffic conflicts and hazards
are avoided within the site and along the streets adjoining the use.
(15.1)
Exposition center. Exposition centers shall comply with the provisions relating to convention centers. See § 255-199A(13.1).
[Added 3-10-2005 by Ord. No. 2030, approved 3-10-2005]
(16)
Funeral home: a minimum lot size of one acre.
(17)
Garden apartments or townhouses.
(a)
Rooflines. Variation in rooflines of structures
is strongly encouraged for the purpose of variety.
(b)
Buffer yard. In an R-1 Zoning District or an R-2 Zoning District a twenty-foot-wide buffer yard with screening shall be required, as described in Article XXIII, between any townhouse or garden apartment and any abutting existing single-family detached dwelling that would be within 150 feet of a garden apartment or townhouse. The buffer yard shall be the responsibility of the developer of the townhouses or garden apartments.
(c)
Accessory structures and uses. All garages, carports and accessory structures shall be architecturally compatible with the principal buildings, subject to compliance with § 255-200D(7).
(d)
Homeowner or condominium association agreements.
Such agreements should be established to restrict the types and locations
of fencing, decks and accessory structures that can be placed on an
individual lot.
(e)
Maximum length of building. The maximum length
of townhouse or garden apartment buildings shall be 200 feet. As used
in this section, "building length" means the horizontal measurement
of any building length from any one end to any other end, without
regard to offsets, but without including diagonal measurements.
[Amended 7-14-2011 by Ord. No. 2152, approved 7-14-2011]
(f)
Changes in facade. No more than two adjacent
townhouses shall have the same front wall plane. The minimum variation
or offset of the front wall plane shall be six feet. This variation
may occur through placing dwellings so that they are setback further
than attached private garage structures.
(g)
Building setback and separation.
[1]
In an R-1 Zoning District or an
R-2 Zoning District any garden apartment or townhouse building shall
be set back a minimum of 60 feet from the lot line of any existing
single-family detached dwelling.
[2]
Each attached group of townhouses
or garden apartments shall be set back a minimum of 30 feet from any
other group of such dwellings.
(h)
Private area.
[1]
A private outdoor area in the form
of a private yard, patio or balcony, but not including a driveway,
shall be provided for each townhouse, immediately abutting that dwelling.
[2]
Landscaped screening, walls, fences
and earthen berming shall be used as needed to provide privacy to
individual yards.
(i)
Private streets. All private streets and accessways
serving more than five dwelling units, but not including parking courts,
shall be built to Borough construction standards for public streets.
(j)
Architectural renderings required. Preliminary
architectural renderings, models or photos shall be required of any
garden apartment or townhouse development of more than 10 units. These
renderings are required for informational purposes only and may not
be the basis of any regulatory decision.
(k)
Architectural variety. A variety of complementary
designs and colors among clusters of dwellings are encouraged to avoid
extreme repetition. Extreme changes of facades among townhouse units
is discouraged.
(l)
Garages. It is strongly recommended that any
townhouse be designed so that garages and/or carports are not an overly
prominent part of the view from public streets. For this reason, parking
courts, common garage or carport structures or garages at the rear
of dwellings are encouraged instead of individual garages opening
onto the front of the building, especially for narrow townhouse units.
(m)
Mailboxes. Any mailboxes provided within the
street right-of-way shall be clustered together in an orderly arrangement
or structure. Individual freestanding mailboxes of noncoordinated
types at the curb side are discouraged.
(n)
Trash bins. For any garden apartment or rental
townhouse development, common trash receptacles shall be provided
in locations that are convenient for residents and for collection.
Trash dumpsters shall be adequately screened from view by appropriate
evergreen planting, wood fences or brick walls.
(o)
Paved area setback. All off-street parking spaces,
except spaces on driveways in front of carport or garage entrances,
shall be set back a minimum of 10 feet from any dwelling.
(p)
Number of units attached. In any building that
includes entirely garden apartments, a maximum of 20 dwelling units
may be attached or within one building. In any building that includes
townhouses, a maximum of eight dwelling units may be attached.
[Amended 7-14-2011 by Ord. No. 2152, approved 7-14-2011]
(q)
Active recreation area.
[1]
For any garden apartment or townhouse
development involving 50 or more dwelling units, a minimum of 8% of
the total land area shall be dedicated to and suitable for recreation.
[3]
For any development that will not
be limited to persons 55 years and older, this land area shall be
suitable for active recreation. "Suitable for active recreation" shall
mean well-drained, contiguous, planted in grass and with average slopes
of less than 4%.
[4]
For any development limited to
persons 55 years and older, this recreation area shall be suitable
for passive recreation, with appropriate landscaping and paths or
trails.
[5]
The process of maintenance for
recreation areas shall be acceptable to the Director of the Borough
Parks and Recreation Department.
(18)
Group home.
(a)
In a residential district, there shall be no
more than six clients in a single-family detached dwelling and four
clients in any other dwelling unit. In any other district where group
homes are permitted, other than a residential district, there shall
be a maximum of 15 clients.
(b)
There shall be twenty-four-hour supervision
by people qualified by training in the field for which the group home
is intended.
(c)
The use shall be licensed under the applicable
state program.
(d)
Any medical or counseling services provided
shall occur on the lot only for residents and up to two nonresidents.
(e)
The lot on which a group home is located shall
be at least 900 feet from the lot on which another group home is located;
such distance shall be measured in a horizontal straight line from
the nearest point on one lot to the nearest point on the other lot.
(f)
One off-street parking space shall be provided
for each of the following: the supervisor, each additional employee
per shift; and every two residents who can reasonably be expected
to be able to drive a motor vehicle.
(g)
The group home activity shall not be oriented
to criminal rehabilitation of adults, court-ordered confinement of
juvenile delinquents or the criminally insane, or treatment for current
alcohol or drug addiction. See "treatment center."
(h)
If the group home is an existing or new structure
located in a residential district or subdivision, it shall be maintained
and/or constructed to ensure that it is closely similar in appearance,
condition and character to the other residential structures in the
area.
(i)
The group home shall register its location,
number of residents and sponsoring agency with the Borough, and such
information shall be available to the public.
(j)
A special exception approval shall be contingent
upon the matter of operation and nature of the group home. If the
type of client or operation should significantly change, a new application
shall be submitted for a special exception.
(k)
A statement setting forth full particulars on
the operation to be conducted and to include any needed approvals
of the Pennsylvania Departments of Health, Labor and Industry, Aging
and Public Welfare shall be filed with the Borough.
(l)
The group home shall notify the Borough if there
is any loss or suspension or significant change in certification by
the state.
(m)
Off-street parking areas shall be buffered from
adjacent existing single-family dwellings by an appropriate evergreen
planting screen.
(19)
Heliport.
(a)
A minimum lot size of five acres shall be required.
(b)
The Pennsylvania Bureau of Aviation, within
the Pennsylvania Department of Transportation, shall find the landing
area safe and acceptable for licensing to develop the property for
a heliport.
(c)
The Zoning Hearing Board shall review the proposed
primary approaches to ensure that helicopters would not routinely
fly at low altitudes over residential areas.
(d)
All portions of the landing pad shall be a minimum
of 800 feet from any existing dwelling or residential district.
(e)
All portions of the landing pad shall be a minimum
of 50 feet from any exterior lot line.
(f)
The maximum weight of any helicopter landing
or taking off shall be 12,000 pounds.
(g)
There shall be a maximum of 20 takeoffs and/or
landings in any seven-day period.
(h)
Takeoffs and landings shall only occur between
the hours of 9:00 a.m. and 7:00 p.m.
(i)
No zoning restrictions shall apply to nonroutine
takeoffs and landings to pick up persons in a clear medical emergency.
(j)
The Zoning Hearing Board may modify these restrictions,
as needed, to permit a heliport for medical emergencies as an accessory
use to a hospital, provided that the applicant proves that the public
safety justifies such modifications.
(20)
Hospital.
(a)
Shall be located on a lot with its main access
onto an arterial or collector street.
(b)
At least two access roads with a minimum width
of 20 feet shall be provided from such arterial or collector street.
(c)
All facilities shall be located on the ground
floor, unless an elevator sufficient to accommodate rolling beds or
litters provides access to other than ground floor levels.
(d)
The Zoning Hearing Board may set such conditions
as deemed necessary beyond state requirements for fire safety.
(e)
Shall have a minimum lot size of two acres.
(21)
Junkyard.
(a)
Storage of organic material is prohibited.
(b)
All junk shall be at least 100 feet from any
adjoining lot.
(c)
All junk shall be at least 200 feet from any
public street, residential district or lot line of a residential lot.
(d)
The site shall contain a minimum of two exterior
points of access, each of which is not less than 30 feet in width.
(e)
The site shall be completely enclosed by a forty-foot-wide buffer yard which complies with § 255-191. This buffer yard shall be located on the outside of any fencing.
(f)
The burning or incineration of vehicles or junk
shall be prohibited.
(g)
All junkyards shall be completely surrounded
by well-maintained and secure fencing, with a minimum height of seven
feet, to prevent access by children. Said barrier shall be maintained
in good condition.
(i)
All oil and gasoline shall be drained and batteries
removed from vehicles. Batteries shall only be stored on an impervious
surface that will collect any leaks.
(22)
Kennel.
(a)
All buildings in which animals are housed and
all runs shall be located at least 200 feet from all lot lines of
existing residential uses and the boundaries of residential districts.
(b)
Buildings shall be adequately soundproofed so
that sounds generated within the buildings cannot be perceived at
a residential lot line.
(c)
No animal shall be permitted to use outdoor
runs from 9:00 p.m. to 8:00 a.m.
(d)
State laws regulating kennels are hereby referenced.
(e)
A kennel may be used for breeding, within the
other requirements of this chapter.
(23)
Membership club. These uses are restricted to
those not conducted primarily for gain, although a restaurant may
be operated primarily to serve members and their guests. No sign advertising
the sale of food or beverages will be permitted. Structures hereafter
converted or erected for such use are subject to all applicable regulations
for the district in which the facility is to be located.
(23.1)
Mid-rise stacked flats.
[Added 8-9-2007 by Ord. No. 2081, approved 8-21-2007]
(a)
The minimum tract size shall be 1.5 acres.
(c)
Building coverage: 30% maximum.
(d)
Impervious coverage: 60% maximum.
(e)
Dwelling units per building: 42 dwelling units
maximum.
(f)
Building length: 280 feet maximum.
(g)
Density: 17 dwelling units per acre maximum.
(h)
Recreation and open space: 15% minimum.
(i)
Distance between buildings: 40 feet minimum.
(j)
Distance from parking paved edge or top of curb
to building foundation: 10 feet minimum.
(k)
Distance from internal drive paved edge or top
of curb to building foundation: 10 feet minimum.
(l)
The development shall be managed by an association.
Prior to granting final land development plan approval for the development,
the association declarations and bylaws shall be subject to the approval
of the Borough Solicitor with respect to provisions relating to the
construction and/or maintenance of municipally required improvements
and payment and enforceability of costs and expenses related thereto.
(m)
The development may contain a clubhouse and/or
association building for the use of residents and their invited guests
only. This clubhouse and/or association building may be contained
within or attached to a building or may be a separate structure limited
to one story. Its program may consist of a meeting room, activity
rooms, library, fitness center, limited kitchen facilities, restrooms
and offices. The facility may be shared with adjacent mid-rise stacked
flats developments.
(n)
The development may contain gatehouses, mechanical
entry gates, gazebos and bus shelters. Minimum front yard setbacks
for these uses: 10 feet.
(o)
Shared common elements may include, but are
not limited to, entrance areas, site amenities, corridors, elevators,
association rooms, clubhouses and recreation facilities restricted
to use by residents and their invited guests only.
(p)
Multiple uses are allowed on a single lot.
(q)
All units and common areas of the buildings
must comply with current Americans with Disabilities Act (ADA) standards.
(r)
In all other respects, the provisions of this
chapter pertaining to accessory uses, area and bulk regulations and
additional requirements, not excluding supplementary regulations and
performance standards, inter alia, applicable to the zoning district
in which the mid-rise stacked flats development is located shall be
complied with. Should any of the provisions of this Subsection A(23.1)
be inconsistent with any provisions of this chapter, the provisions
of this Subsection A(23.1) shall prevail.
(24)
Mineral extraction.
(a)
The use shall include adequate measure to prevent
hazards to adjacent properties and to allow reasonable uses of adjacent
properties.
(b)
The site shall be reclaimed in phases to a nonhazardous
state permitting some economically productive future use and that
extracting activities and resulting condition of the site will not
result in environmental degradation of the surrounding area.
(c)
Buffer yard. A buffer yard, within the standards of Article XXIII, with a width of 200 feet shall be required between the lot line of any existing residential use and any mineral extraction use.
(d)
Minimum setback from all exterior lot lines:
100 feet.
(e)
Additional setbacks: 200 feet from any publicly
owned recreational land, school, place of worship, creek, river, lake
or wetland.
(f)
Fencing. The Board may require fencing where
it is needed to protect the public safety.
(h)
County Conservation District. The Board may
require that the applicant submit a copy of all submitted materials
to the County Conservation District for a review.
(i)
Engineering review. The Board may submit an
application affecting greater than 10 acres to a professional engineer
for review. Reasonable routine review fees as occur shall be paid
for by the applicant.
(j)
Hours of operation. The Board may reasonably
limit the hours of operation of the use and of related trucking operations
to protect the character of any nearby residential areas.
(k)
Acreage. A maximum of 25 acres may be actively
surface mined during any calendar year, to ensure adequate reclamation.
(25)
Mobile/manufactured home.
(a)
Shall be constructed in accordance with the
Safety and Construction Standards of the United States Department
of Housing and Urban Development.
(b)
Shall have a site graded to provide a level,
stable and well-drained area.
(c)
Shall have wheels, axles and hitch mechanisms
removed.
(d)
Shall be placed on a permanent foundation, as
described by the following:
[1]
The foundation system shall consist
of ten-inch-diameter concrete piers, concrete footing perpendicular
to the main longitudinal frame or equivalent and shall be installed
from ground level to below the frost line (36 inches maximum). This
foundation system shall be placed on eight foot centers along each
of the two main longitudinal frames for each section of the home,
with no more than three feet overhang at each end of the section.
[2]
One-half-inch-diameter by twelve-inch-long
eyebolts shall be cast in place at each corner and at two midpoints
in the concrete piers, concrete footing or equivalent. Concrete blocks
shall be used to support the home on the foundation system, and wood
shims may be used for final leveling. The concrete support blocks
shall not be wider than the support foundation.
[3]
The mobile/manufactured home shall
be securely anchored or tied down with cable and thin buckles or equivalent
connecting the frame to the cast-in-place eyebolts on at least four
corners and two midpoints. The tie down shall also be in accordance
with the manufacturers' recommendations furnished with each home.
[4]
Homes shall not be placed more
than four feet above the supporting ground area.
(e)
Shall be enclosed from the bottom of the home
to the ground or stand using industry-approved skirting material compatible
with the home.
(f)
Shall have a pitched instead of a flat roof.
(g)
Should be located with the longest side facing
the public street.
(26)
Mobile/manufactured home park.
(a)
Shall have a minimum tract size of 10 acres,
a maximum overall density of no more than four mobile homes per acre,
including the area of any future streets, and a maximum tract size
of 100 acres.
(b)
Each dwelling unit shall be served by both public
centralized sewer and water service.
(e)
Minimum separation between mobile homes of 20
feet.
(g)
An average of at least 1,000 square feet of
contiguous usable recreation area shall be provided for each mobile
home. This shall be developed as an active playground area, unless
the development would be limited to persons over age 55, in which
case passive recreation shall be provided for. Areas with the required
perimeter setback shall not count as this recreational area.
(h)
Each unit shall comply with the requirements
for mobile/ manufactured homes in this section.
(i)
A mobile/manufactured home park may include
a recreation center for residents, a rental/management office, maintenance
buildings for the park and the sale of mobile/manufactured homes that
will be placed on the tract.
(27)
Motel or hotel.
(a)
Accessory uses permitted. An auditorium, restaurant,
tavern and/or gift shop operated in connection with a hotel or motel
as a clearly accessory use shall be permitted.
(b)
Area and bulk regulations. The maximum impervious
coverage shall be 65%, unless a more restrictive requirement is stated
in a district.
(c)
Each rental unit shall have its own toilet and
bathing or shower facilities.
(29)
Nursery school/day-care center.
(b)
The use shall comply with an applicable county,
state and federal regulations, including having an appropriate Pennsylvania
Department of Public Welfare registration certificate or license,
if required.
(c)
Convenient parking spaces within the requirements of Article XXV shall be provided for persons delivering and waiting for children.
(d)
Shall include adequate measures to ensure the
safety of children from traffic.
(e)
Outside play areas in residential districts
shall be limited to use between 8:00 a.m. and 8:00 p.m.
(f)
No portion of an outside play area shall be
less than 30 feet from an existing occupied dwelling without the owner's
written consent.
(g)
Residential districts. In these districts, any
permitted day-care center shall maintain an exterior appearance that
resembles and is compatible with any existing dwellings in the neighborhood.
(30)
Nursing home.
(b)
Maximum impervious coverage: 70%.
(c)
The use shall provide a minimum of 15% of the
site suitable and developed for passive recreation. This area shall
include outdoor sitting areas and pedestrian or wheelchair pathways.
(d)
There shall be a minimum of 500 square feet
of total lot area per resident.
(e)
Setback. Principal and accessory buildings shall
be set back a minimum of 40 feet from the lot line of an existing
dwelling.
(31)
Personal care center. The standards for nursing homes in this section shall apply, subject to compliance with § 255-199A(29).
(32)
Place of worship.
[Amended 10-14-2004 by Ord. No. 2019,
approved 10-18-2004]
(a)
Permitted, special exception uses or conditional
uses.
[1]
Places of worship, including churches,
synagogues, temples, chapels, halls and the like.
[2]
Religious education buildings,
but not primary or secondary schools (see as a distinct land use).
[3]
Recreation buildings, when accessory
to worship activity.
[4]
Accessory residences, when restricted
to clergy and related religious workers and their families and clearly
related to worship activity, such as parsonage or convent.
(b)
Special exception use. Memorial gardens for
the interment of remains of only cremated humans, as an accessory
use to a place of worship, provided all area and bulk requirements
of this section and the following provisions are met:
(c)
Area and bulk regulations. The following regulations
shall be observed:
(33)
Public utilities.
(a)
Scope. This subsection shall apply to any structure
or other improvement to be constructed, including the extension or
replacement or existing facilities by any public utility, as defined
by existing state law, except common or contract carriers.
(b)
Hearing. No special exception permit shall be
issued until the Zoning Hearing Board, after a public hearing, decides
that the extension or replacement of an existing facility or the construction
of a new facility is reasonably necessary for convenience or welfare
of the public, except within a preemption by the State Public Utility
Commission.
(c)
Area and bulk regulations. All public utility
uses and buildings shall comply with the area and bulk regulations
and other regulations specified for the zoning district in which such
structure or use is located, except within a preemption by the State
Public Utility Commission.
(d)
Hazardous facilities. Nothing in this subsection
shall be construed to prejudice any rights of the municipality to
obtain an injunction restricting the construction of facility which
shall create a danger to the public safety or obtaining such other
relief as may be appropriate.
(f)
Public utility corporation exception. This chapter
shall not apply to any existing or proposed building or extension
thereof used or to be used by public service corporations if, upon
petition of the corporation, the Public Utility Commission shall,
after a public hearing, decide that the present or proposed situation
of the building in question is reasonably necessary for the convenience
or welfare of the public.
(34)
Recreational facilities, private and semiprivate.
(a)
Private swimming pools.
[1]
Swimming pools exterior to buildings
are structures for the purpose of permits and regulations of this
chapter.
[2]
Outdoor swimming pools shall not
be counted as floor area in computing the lot coverage, but shall
not be located within any required setback area.
[3]
All swimming pools shall be enclosed
by a fence or other substantial barrier not less than four feet high,
with a self-latching gate to prevent unauthorized access to the pool
by small children.
[4]
All swimming pools shall be provided
with a filtering system utilizing chlorinated water, meeting any State
Department of Environmental Protection requirements.
(b)
Semiprivate swimming pools and swimming clubs.
[1]
All pools shall be surrounded on
all sides by a yard 25 feet in width, exclusive of parking areas.
[2]
All pools shall abut a public street
or have permanent access thereto.
[3]
All pools shall be surrounded by
a fence at least six feet in height, the entrance to which shall be
kept locked when attendant is not present.
[4]
All structures shall be no less
than 100 feet from any residential lot line exterior to the lot on
which the pool is located.
[5]
All lot lines abutting a dwelling
shall be screened by a dense-planted hedge which shall have a height
of not less than five feet when full grown and which shall be maintained
in good condition, as determined by the Borough Council.
[6]
Intoxicating beverages shall not
be permitted on the premises.
[7]
No bright, direct floodlighting
or spotlights shall be directly visible from adjoining public streets
or adjacent lots when viewed by a person standing on ground level.
[8]
The pool shall open no earlier
than 8:00 a.m. and close no later than 9:00 p.m., prevailing time.
[9]
The pool shall be constructed in
accordance with all applicable state and federal requirements.
(c)
Tennis courts.
[1]
Tennis courts are considered structures
for the purposes of permits and regulations of other ordinances.
[2]
For the purposes of this chapter,
tennis courts are not counted as floor area in computing the lot coverage
but shall not be located between the building setback line and the
street line.
[3]
Tennis courts shall include a permanent
fence 10 feet in height behind each base line and extending five feet
beyond the (extended) sidelines.
[4]
Tennis courts, or required fences
for such shall not be located within 15 feet of any lot line.
(d)
Other outdoor recreational activities. No private
or semiprivate recreational facility shall be located within 15 feet
of any property line nor within any required setback area.
(35)
Recycling collection center.
(a)
This use shall not be bound by the requirements of solid waste disposal facility (see definition, § 255-12).
(b)
All materials shall be kept in appropriate containers,
with appropriate sanitary measures to prevent the attraction of insects
or rodents and to avoid any fire hazards.
(c)
Such facility shall have adequate provision
for serving by trucks and for off-street parking.
(d)
A twenty-foot buffer yard with screening as described in Article XXIII shall be provided between this use and any abutting dwelling or residential district.
(e)
This use may be an accessory use to a commercial
use, an industrial use, a public or private primary or secondary school,
a place of worship or a Borough-owned use, subject to the limitations
of this subsection.
(f)
Materials to be collected shall be of the same
character as the following materials: paper, cardboard, aluminum and
glass.
(g)
The use shall include no processing other than
collection, sorting and routine cleaning. No burning or landfilling
shall occur.
(36)
Restaurant, fast-food.
(a)
See drive-through facility in § 255-199A(15) of this section.
(b)
Shall screen all trash containers.
(c)
Shall provide landscaping on all areas not covered
by buildings, structures, parking areas or access drives.
(d)
May provide an outdoor menu board within a maximum
sign area of 20 square feet, beyond the signs normally permitted,
if drive-up service is provided to customers in their vehicles.
(37)
Retirement village.
(a)
The minimum lot size shall be 1.5 acres.
(b)
The minimum lot area per dwelling unit shall
be 2,400 square feet.
(c)
At least two off-street parking spaces shall be required for each dwelling unit, provided that the Zoning Hearing Board may, as an additional special exception, reduce the required parking as low as a minimum of one off-street space per three dwelling units if the Board determines that such parking would be sufficient to accommodate all residents' vehicles, based upon evidence presented by the applicant. In addition, the other standards pertaining to parking contained in Article XXV of this chapter shall be applied.
(d)
In all other respects, provisions of this chapter
pertaining to accessory uses, area and bulk regulations and additional
requirements, not excluding supplementary regulations and performance
standards, inter alia, applicable to the zoning district in which
the retirement village is located shall be complied with.
(38)
Schools, public or private, primary or secondary.
(a)
Area and bulk regulations. All area and bulk
regulations of the prevailing zoning district shall apply with the
following exceptions:
[1]
The minimum lot area shall be one
acre, except three acres if there are not than 200 students on the
lot at any time.
[2]
The minimum building setback from
all residential lot lines shall be 100 feet.
[3]
The maximum building coverage shall
be 30%.
[4]
The maximum impervious coverage
shall be 60%.
(b)
Standards. The following shall be observed for
each use:
[1]
Each site shall be easily accessible
from an improved street, with safe ingress and egress for both vehicular
and pedestrian traffic.
[2]
Each site shall be served by both
public water and public sewer service.
[3]
All playground areas intended primarily
for children under age 10 contiguous to a street or developed lot
shall be fenced.
(39)
Self-storage development.
(a)
Outdoor storage shall be limited to recreational
vehicles, campers and boats on trailers parked on paved areas. All
such items stored out of doors must be licensed and inspected, if
applicable, and in operable condition.
(b)
Trash, radioactive or highly toxic substances,
garbage, refuse, explosive or flammable materials, hazardous substances,
animals, animal carcasses or similar items shall not be stored.
(c)
Nothing shall be stored in interior traffic
aisles, off-street parking areas, loading areas or accessways.
(d)
Major repairs of boats, vehicles, trailers,
lawn mowers or any similar equipment shall not be permitted.
(e)
Adequate lighting shall be provided to illuminate
the area, but directed away or shielded to direct light away from
adjacent uses.
(f)
All outdoor storage areas located within 200 feet of the existing right-of-way of an expressway or arterial street shall be separated from that street by a buffer yard under § 255-191.
(g)
No building shall be longer than 200 feet. All
buildings shall be separated from each other by a minimum distance
of 15 feet.
(40)
Solid waste disposal area or facility.
(a)
Intent. The intent of these standards is not
in any way to preempt or reduce state regulations, but instead to
address local land-use-oriented concerns.
(b)
All solid waste storage, disposal and incineration
shall be at least 300 feet from any public street or exterior lot
line.
(c)
All areas to be used for the storage, disposal
or incineration of solid waste shall be a minimum of 500 feet from
any residential district or publicly owned park, or any existing residential
use that the applicant does not have an option to buy or the banks
of any nonintermittent creek or river.
(d)
The site shall contain a sufficient number of
access points, each with a minimum cartway width of 30 feet.
(e)
Any burning or incineration shall be carried
out in a completely enclosed incinerator approved by DEP. Any material
to be incinerated that is to be stored for more than three hours shall
be stored in an enclosed structure.
(f)
The site shall be selected and designed by a
registered professional engineer with proven experience in solid waste
disposal planning and operation. The operation and day-to-day maintenance
of the solid waste disposal area shall comply with all applicable
state and federal regulations.
(g)
Open dumps and open burning of refuse is prohibited.
(h)
The applicant shall prove to the satisfaction
of the Zoning Hearing Board that the existing street network can handle
the additional truck traffic, especially without bringing trash-hauling
trucks through or alongside existing residential or residentially
zoned areas.
(i)
The applicant shall prove to the satisfaction
of the Zoning Hearing Board that the proposed use would not significantly
impact negatively on dwellings or neighborhoods.
(j)
The applicant shall prove to the satisfaction of the Zoning Hearing Board that the use would not be a hazard to ground water quality, create noxious smells off of the tract or violate the performance standards of Article XXIII. The Zoning Hearing Board, upon the advice of the Borough Engineer, may require a sanitary landfill to include a double liner and a system to collect and treat leachate and methane.
(k)
A chain link or other approved fence with a
minimum height of eight feet shall surround active solid waste disposal
areas to prevent the scattering of litter and to keep out children.
Earthen berms or evergreen screening shall be used to prevent the
landfill operations from being visible from an expressway or arterial
streets or dwellings.
(l)
A minimum total lot size of 30 acres, which
may include land in an adjoining municipality, is required for any
solid waste facility other than a resource recovery facility or a
solid waste transfer facility. For a resource recovery facility or
solid waste transfer facility, a minimum lot size of 10 acres is required.
(m)
Health hazards. Any facility shall be operated
in such a manner as to prevent the attraction, harborage or breeding
of insects, rodents or vectors.
(n)
Attendant. An attendant shall be present during
all periods of operation or dumping.
(o)
Gates. Secure gates, fences, earth mounds and/or
dense vegetation shall prevent unauthorized access.
(p)
Emergency access. The operator of the use shall
cooperate fully with local emergency services. This should include
practice exercises on the site and the provision of all information
needed by the emergency services to determine potential hazards. Adequate
means of emergency access shall be provided.
(q)
Hours of operation. Applicants are requested
to agree to limit the hours of operation to between 7:00 a.m. and
9:00 p.m.
(r)
Litter. The operator shall regularly police
the area of the facility and surrounding streets to collect litter
that may escape from the facility or trucks.
(s)
Radioactive and infectious materials. No radioactive
or infectious materials may be stored, disposed of or incinerated.
Infectious materials are defined as medical wastes used or created
in the treatment of persons or animals with seriously contagious diseases.
(t)
Staging. No area larger than 40 acres shall
be approved as a new or expanded disposal area for a sanitary landfill
in any calendar year.
(u)
The applicant shall provide sufficient information for the Zoning Hearing Board to determine that the requirements of this chapter will be met, subject to compliance with § 255-184.
(v)
State requirements. Nothing in this chapter
is intended to supersede any state requirements. It is the intent
of this chapter that when similar issues are regulated on both the
Borough and state levels, that the stricter requirement shall apply
for each aspect, unless it is determined that an individual state
regulation preempts Borough regulation in some aspect.
(w)
The applicant shall enter into an agreement
with the Borough specifying the types and frequencies of environmental
monitoring that will be put into place while the use is under way
and after any underground use area is closed.
(x)
A leachate treatment system or a recycling collection
or processing center may be accessory uses.
(y)
Maximum tonnage. Any resource recovery facility
or solid waste transfer facility shall have a maximum capacity of
300 tons per day for treating, sorting and/or disposing of solid waste.
(41)
Swimming pool. [See recreational facilities, private and semiprivate, in Subsection A(34) of this section.]
(42)
Temporary exhibition area.
(a)
Districts: shall be permitted only as a special
exception use in the R-2 District on a lot that abuts an expressway.
(b)
Minimum lot area: six acres.
(c)
This use shall only be permitted on a lot that
is at least partially within 3,000 feet of a lot that includes an
existing temporary exhibition area.
(d)
Setback. All commercial uses and buildings shall
be located a minimum of 100 feet from the lot line of any existing
residentially used tract or an abutting residentially or institutionally
zoned property. Otherwise, a forty-foot setback applies for all buildings.
(e)
Uses. This use shall be limited to the following:
off-street parking; outdoor exhibition of whole motor vehicles, including
parts or accessories; sales of whole motor vehicles, including parts
or accessories, sales of antiques and community service events sponsored
by nonprofit organizations or other charitable events.
(f)
Days. This use shall only be permitted as a
temporary use that may occur during a maximum of 40 days in any calendar
year. This number of days does not include community service events
sponsored by nonprofit organizations or other charitable events.
(g)
Hours. The use shall be open to the general
public only during daylight hours and in no case shall be open to
the general public between the hours of 9:00 p.m. and 6:00 a.m.
(h)
Lighting. (See § 255-181.) The only lighting that shall be permitted shall be that which is needed for safety and security purposes.
(i)
Fencing and screening. The Zoning Hearing Board
may require fencing and screening around portions or all of the site
where they deem it is necessary for compatibility with adjacent properties.
(j)
Maximum impervious coverage: 10%.
(43)
Townhouse. [See garden apartments and townhouses in § 255-199A(17) of this section.]
(44)
Truck terminal.
(a)
There shall be a ten-acre minimum lot area.
(b)
The major potential routes of tractor-trailer
truck traffic must not threaten to pass through predominately residential
areas or the Historic District.
(c)
All truck or trailer parking, outdoor storage or loading or unloading areas shall be separated by a sixty-foot buffer yard within the provisions of § 255-191 from public streets, any abutting dwelling and any abutting residential district.
(d)
Any access roads, loading area or truck or trailer
storage area shall be a minimum of 300 feet from a dwelling or a residential
district.
(e)
The use shall be located within 3,000 feet of
an interchange of Interstate 81, measured along the center line of
public streets.
(f)
All truck or trailer parking, outdoor storage
or loading/unloading areas shall be set back a minimum of 400 feet
from any existing dwelling or a residential district.
(g)
No storage of solid waste, explosive or flammable
materials, hazardous or highly toxic substances, animals or animal
carcasses shall be permitted.
(h)
The use shall involve a minimum 12,000 square
feet of lot area per loading and/or unloading bay for each truck.
(45)
Warehouse or wholesale.
(b)
Truck or rail access and operations shall not
conflict with the convenience and safety of auto traffic and parking.
(c)
No storage of solid waste, explosive or flammable
materials, hazardous or highly toxic substances, radioactive substances,
animals, animal carcasses or similar items shall be permitted.
(d)
Uses that would involve the serving of the use
by an average of more than 200 tractor-trailer trips per weekday shall
be required to meet the additional standards in this section for a
truck terminal. The term "tractor-trailer trip" is defined as the
total of all of the ingress and egress movements at a given land use
site during a given weekday. Each ingress and each egress shall be
counted as one trip.
[Amended 8-9-2012 by Ord. No. 2170, approved 8-9-2012]
(e)
See requirements in § 255-200D(1) for commercial or industrial outdoor storage or display.
(46)
Building contractor's headquarters and storage.
(a)
That portion of the lot intended or utilized
for storage of contractor's equipment or building materials shall
be located at least 100 feet in any direction from any adjoining lot
line.
(b)
The lot shall be completely enclosed by a 40 foot wide buffer yard which shall comply with § 255-191. This required buffer yard shall be located outside of any fencing.
(c)
All storage shall be confined within a completely
enclosed building or similar structure which shall be maintained in
good condition.
(47)
Manufacture and assembly of products from wood
or previously prepared materials such as glass, leather, cellophane,
textiles, rubber or synthetic rubber, when located in a planned mixed
use business park.
(a)
All assembly or production work shall be performed
within an enclosed building.
(b)
Provisions shall be made to prevent or minimize noise, odor, vibration, light or electrical interference to adjacent lots, and the use shall comply with the provisions of Article XXIII of this chapter.
(c)
Storage of all raw or finished materials shall
be confined within a completely enclosed building or similar structure
which shall be maintained in good condition.
(d)
Service bay doors shall not face the street
upon which the building fronts.
(e)
All scrap, refuse or other waste products shall
be stored and confined within an enclosed building or similar structure
which shall be maintained in good condition.
(48)
Welding, when located in a planned industrial
development.
(a)
All welding activities shall be performed within
an enclosed building.
(b)
Provisions shall be made to prevent or minimize noise, odor vibration, light or electrical interference to adjacent lots and the use shall comply with the provisions of Article XXIII of this chapter.
(c)
The storage of raw or finished materials shall
be confined to within an enclosed building or similar structure which
shall be maintained in good condition.
(d)
All scrap, refuse or other waste materials shall
be stored and confined within an enclosed building or similar structure
which shall be maintained in good condition.
(e)
Service bay doors shall not face the street
upon which the building fronts.
(49)
Sales or rental of industrial equipment other
than vehicles primarily intended for use on public streets.
(a)
No equipment for sale or rent shall be displayed in any required front, side or rear yard as the same is defined in Article II of this chapter, nor shall any equipment for sale or rent be displayed in any required parking areas.
(b)
Any equipment stored on the site for the purpose
of immediate or future service work must be contained within an enclosed
building or similar structure which shall be maintained in good condition.
(50)
Wireless communications facilities.
[Amended 4-9-2015 by Ord.
No. 2220, approved 4-9-2015]
(a)
Purpose. The purpose of § 255-199A(50) is to establish reliable standards for the construction, siting, design, permitting, maintenance, and use of wireless communication facilities in the Borough. While the Borough recognizes the benefit of wireless communication facilities in providing high quality communications service and enhancement to its residents and businesses, the Borough also recognizes that it has an obligation to protect public safety and to minimize the visual impact of such facilities through the standards set forth in the following provisions.
(b)
ACCESSORY EQUIPMENT
ANTENNA
BASE STATION
CO-LOCATION
COMMERCIALLY REASONABLE
DISTRIBUTED ANTENNA SYSTEMS (DAS)
EMERGENCY
EQUIPMENT COMPOUND
MODIFICATION or MODIFY
MONOPOLE
NON-TOWER WIRELESS COMMUNICATIONS FACILITIES (NON-TOWER WCF)
REPLACEMENT
RIGHT-OF-WAY (ROW)
SMALL WIRELESS COMMUNICATIONS FACILITY (SMALL WCF)
[1]
[2]
[3]
[4]
[5]
[6]
STEALTH TECHNOLOGY
SUBSTANTIAL CHANGE or SUBSTANTIALLY CHANGE
[1]
[2]
TOWER
TOWER-BASED WIRELESS COMMUNICATIONS FACILITY (TOWER-BASED WCF)
WIRELESS
WIRELESS COMMUNICATIONS FACILITY (WCF)
WIRELESS SUPPORT STRUCTURE
Definitions. The following words and phrases, when used in § 255-199A(50) or otherwise in Chapter 255 with respect to wireless communications facilities, shall have the meaning given as indicated below:
Any equipment serving or being used in conjunction with a
wireless communications facility or wireless support structure, including
but not limited to utility or transmission equipment, power supplies,
generators, batteries, cables, equipment buildings, cabinets or other
similar equipment.
[Added 12-10-2020 by Ord. No. 2370, approved 12-10-2020]
Any system of wires, rods, discs, panels, flat panels, dishes,
whips, or other similar devices used for the transmission or reception
of wireless signals. An antenna may include an omnidirectional antenna
(rod), directional antenna (panel), parabolic antenna (disc) or any
other wireless antenna. An antenna shall not include tower-based wireless
communications facilities (defined below). An antenna shall not include
private-residence-mounted satellite dishes or television antennae
or amateur radio equipment, including, without limitation, ham or
citizen band radio antennae.
A unit functioning as a transmitter and receiver of broadcasting
or other signals, as in connection with a mobile phone.
The mounting of one or more WCFs, including antennas, on
a preexisting structure, or modifying a structure for the purpose
of mounting or installing a WCF on that structure.
[Amended 12-10-2020 by Ord. No. 2370, approved 12-10-2020]
Terms and pricing that are reasonably consistent with similar
wireless facility leases and agreements within a fifty-mile radius
of the Borough.
Network of spatially separated antenna sites connected to
a common source that provides wireless service within a geographic
area or structure.
A condition that:
An area surrounding or adjacent to a wireless support structure
within which base stations, power supplies or accessory equipment
are located.
The improvement, upgrade or expansion of existing wireless
telecommunication facilities or improvement, upgrade or expansion
of the wireless telecommunication facilities located within an existing
equipment compound, if the improvement, upgrade, expansion or replacement
does not substantially change the physical dimensions of the wireless
support structure.
A WCF or site which consists of a single-pole structure,
designed and erected on the ground or on top of a structure, to support
communications antennae and connect appurtenances.
Wireless communications facilities, including but not limited
to antennas and related equipment. Non-tower WCF shall not include
support structures for antennas.
[Amended 12-10-2020 by Ord. No. 2370, approved 12-10-2020]
The replacement of existing wireless telecommunications facilities
on an existing wireless support structure or within an existing equipment
compound due to maintenance, repair or technological advancement with
equipment composed of the same wind loading and structural loading
that is substantially similar, or less, in size, weight and height
as the wireless telecommunications facilities initially installed
and that does not substantially change the physical dimensions of
the existing wireless support structure.
The surface of and space above and below any real property
in the Borough in which the Borough has a regulatory interest, or
interest as a trustee for the public, as such interests now or hereafter
exist, including, but not limited to, all streets, highways, avenues,
roads, alleys, sidewalks, tunnels, viaducts, bridges, skyways, or
any other public place, area or property under the control of the
Borough, and any unrestricted public or utility easements established,
dedicated, platted, improved or devoted for utility purposes. Other
municipal owned lands not listed above shall not be considered a right-of-way.
The phrase "in the right(s)-of-way" means in, on, over, along, above
and/or under the right(s)-of-way.
A wireless communications facility that meets the following
criteria:
[Added 12-10-2020 by Ord. No. 2370, approved 12-10-2020]
The structure on which antenna facilities are mounted:
Each antenna associated with the deployment (excluding the accessory
equipment) is no more than three cubic feet in volume; and
All accessory equipment associated with the facility (excluding
antennas) is cumulatively no more than 28 cubic feet in volume.
The facilities do not require antenna structure registration
under 47 CFR Part 17;
The facilities are not located on tribal lands, as defined under
36 CFR 800.16(x); and
The facilities do not result in human exposure to radio-frequency
radiation in excess of the applicable safety standards specified in
47 CFR 1.1307(b).
State-of-the-art design techniques used to blend objects
into the surrounding environment and to minimize the visual impact
as much as possible. These design techniques are applied to wireless
communications towers, antennae and other facilities which render
them more visually appealing or blend the proposed facility into the
existing structures or visual backdrop in such a manner as to render
it minimally visible to the casual observer. Such methods include,
but are not limited to, architecturally screened roof-mounted antennae,
building-mounted antennae painted to match the existing structure
and facilities constructed to resemble trees, shrubs, and light poles.
Any increase in the height of the wireless support structure
by more than 10%, or by the height of one additional antenna array
with separation from the nearest existing antenna not to exceed 20
feet, whichever is greater, except that the mounting of the proposed
wireless telecommunications facility may exceed the size limits set
forth in this paragraph if necessary to avoid interference with existing
antennas;
Any further increase in the height of a wireless support structure
which has already been extended by more than 10% of its originally
approved height or by the height of one additional antenna array shall
not occur without municipal approval.
A self-supporting lattice tower, guy tower, monopole, or
any other pole, that is constructed primarily to support an antenna
for receiving and/or transmitting a wireless signal.
A tower and its supporting antennae, including, but not limited
to, self-supporting lattice towers, guy towers and monopoles. DAS
hub facilities are considered to be tower-based WCFs.
Transmissions through the airwaves including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.
The set of equipment and network components including antennas,
transmitters, receivers, base stations, cabling and accessory equipment,
used to provide wireless data and telecommunication services. The
term shall not include the wireless support structure.
A freestanding structure, such as a guyed or self-supporting
monopole or tower, electrical transmission tower, water tower, utility
pole or other structure not classified as a wireless support structure
that could support the placement or installation of wireless telecommunications
facilities if approved by the Borough.
[Amended 12-10-2020 by Ord. No. 2370, approved 12-10-2020]
(c)
Permitted uses for wireless communications facilities (WCF).
[Amended 12-10-2020 by Ord. No. 2370, approved 12-10-2020]
[1]
Tower-based wireless communications facilities (WCF) that do not meet the definition of a "small wireless communications facility" are permitted in the I-1 General Industrial District and in the I-2 Light Industrial District, either in or out of the right-of-way, upon conditional use approval and subject to the requirements of § 255-199A(50).
[2]
Non-tower wireless communications facilities (WCF) that do not meet the definition of a "small wireless communications facility" are permitted by right in the following zoning districts, out of the right-of-way, subject to the requirements of § 255-199A(50): C-1, C-2, C-3, C-4, C-5, I-1, I-2, I-C, UM and INS.
[3]
Non-tower wireless communications facilities, small
wireless communications facilities, and tower-based wireless communications
facilities shall not be located on a structure that is listed on the
National Register of Historic Places, property designated by the Borough
in an adopted plan as being historically significant, or in the HP
Historic Preservation Overlay District.
[4]
Small wireless communications facilities that are co-located on an existing wireless support structure are permitted by right in all zoning districts subject to the issuance of a building permit by the Borough Building Codes Official and subject to the requirements of § 255-199A(50).
[5]
Small wireless communications facilities requiring the installation of a new utility pole or other wireless support structure are permitted by right in all zoning districts subject to the issuance of a building permit by the Borough Building Codes Official and subject to the requirements of § 255-199A(50).
(d)
Bulk and area requirements.[5]
[5]
Editor's Note: The bulk and area requirements for wireless communications facilities are included as attachments to this chapter.
(e)
Design, construction, and operations.
[1]
All WCF shall be designed, constructed, inspected,
operated, maintained, repaired, modified and removed in strict compliance
with all current applicable federal and state technical and safety
codes.
[2]
No WCF shall interfere with public safety communications
or the reception of broadband, television, radio or other communication
services.
[3]
Co-location. As a condition of approval for all
tower-based WCFs, the WCF applicant shall provide the Borough with
a written commitment that it will allow other service providers to
co-locate antennae on tower-based WCFs where technically and economically
feasible.
[4]
Signage. Tower-based WCFs and small WCFs shall
include a posted sign at the location. Such signage shall include
the ownership, contact name and phone number in the event of an emergency
and Federal Communication Commission (FCC) registration number (if
applicable). Such signage shall not include commercial advertising
and is subject to approval by the Borough.
[Amended 12-10-2020 by Ord. No. 2370, approved 12-10-2020]
[5]
Lighting. WCFs shall not be artificially lighted
beyond what is required by law. If lighting is required, the applicant
shall provide a detailed plan for sufficient lighting, demonstrating
as unobtrusive and inoffensive an effect as is permissible under state
and federal regulations.
[6]
Noise. WCFs shall be operated and maintained so
as not to produce noise in excess of applicable noise standards established
by the Borough, except in emergency situations requiring the use of
a backup generator, where such noise standards may be exceeded on
a temporary basis.
[7]
Access.
[a]
An access road, turnaround space and parking shall
be provided to ensure adequate emergency and service access to tower-based
WCFs.
[b]
Maximum use of existing roads, whether public or
private, shall be made to the extent practicable.
[c]
Road construction shall at all times minimize ground
disturbance and the cutting of vegetation.
[d]
Road grades shall closely follow natural contours
to ensure minimal visual disturbance and minimize soil erosion.
[e]
Where applicable, the WCF owner shall present documentation
to the Borough that the property owner has granted an easement for
the proposed facility and maintenance responsibilities.
[f]
The easement shall be a minimum of 20 feet in width
and the access road shall be paved to a width of at least 10 feet
throughout its entire length.
[g]
Vehicular access to the WCF shall not interfere
with the parking or vehicular circulations for a principal use, if
located on the site.
[8]
Fencing. A security fence with a minimum height
of eight feet shall surround any tower-based WCF located outside a
right-of-way, including guy wires, associated equipment, and buildings.
[9]
Mounting. Any applicant proposing a non-tower WCF
or small WCF to be mounted on a building, utility pole, or any other
structure, shall submit detailed construction and elevation drawings
indicating how the non-tower WCF will be mounted on the structure
for review by the municipal building codes office and/or the Borough
engineer for compliance with the building code.
[Amended 12-10-2020 by Ord. No. 2370, approved 12-10-2020]
[10]
Safety in rights-of-way.
[a]
Schedule of operations. The Borough shall determine
the time, place and manner of construction, maintenance, repair and/or
removal of all WCFs in the ROW based on public safety, traffic management,
physical burden on the ROW, and related considerations. For public
utilities, the time, place and manner requirements shall be consistent
with the police powers of the Borough and the requirements of the
Public Utility Code.
[b]
Emergency. Within 60 days following written notice
from the Borough, or such longer period as the Borough determines
is reasonably necessary or such shorter period in the case of an emergency,
an owner of a WCF in the ROW shall, at its own expense, temporarily
or permanently remove, relocate, change or alter the position of any
WCF when the Borough, consistent with its police powers and applicable
Public Utility Commission regulations, shall have determined that
such removal, relocation, change or alteration is reasonably necessary
under any one of the following circumstances:
[i]
The construction, repair, maintenance or installation
of any municipal or other public improvement in the right-of-way.
[ii]
The operations of the Borough or other governmental
entity in the right-of-way.
[iii]
Vacation of a street or road or the release of
a utility easement.
[iv]
An emergency as determined by the Borough.
[c]
Visual obstruction. All WCFs and accessory equipment
shall be located so as not to cause any physical or visual obstruction
to pedestrian or vehicular traffic, or to otherwise create safety
hazards to pedestrians and/or motorists or to otherwise inconvenience
public use of the ROW as determined by the Borough. In no case shall
ground-mounted equipment, walls, or landscaping be located within
18 inches of the face of the curb, or in an area in which there are
no curbs, within eight feet of the edge of the cartway.
[11]
Inspections.
[a]
A copy of any inspection report and certification
of continued use, as required by national and state agencies, shall
be provided to the Borough following the inspection. Any repairs advised
by report shall be completed by the owner within 60 calendar days
after the report is filed with the Borough.
[b]
The Borough reserves the right to inspect any WCF to ensure compliance with the provisions of § 255-199A(50) and any other provisions found within the municipal code or state, or federal law. The Borough and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator and property owner, to ensure such compliance.
[Amended 12-10-2020 by Ord. No. 2370, approved 12-10-2020]
(f)
Aesthetics, landscaping, and screening.
[1]
Stealth technology. All WCFs shall employ the most
current stealth technology available in an effort to appropriately
blend into the surrounding environment and minimize aesthetic impact.
[Amended 12-10-2020 by Ord. No. 2370, approved 12-10-2020]
[a]
Tower-based WCFs shall employ stealth technology,
and the tower shall be painted an appropriate color to harmonize with
its surroundings.
[b]
Non-tower WCFs shall employ stealth technology
and be treated to match the supporting structure in order to minimize
aesthetic impact.
[c]
All utility buildings and accessory structures
shall be designed to blend into the environment in which they are
situated.
[2]
Landscaping plan. A tower-based WCF located outside
the right-of-way shall submit a landscape plan describing the following:
[a]
The WCF applicant shall ensure that the existing
vegetation, trees and shrubs located within proximity to the WCF structure
shall be preserved to the maximum extent possible.
[b]
An evergreen screen shall be created by planting
trees (a minimum of six feet tall at planting that will grow to a
minimum of 15 feet tall at maturity) on ten-foot centers maximum.
[c]
Ground-mounted equipment associated with, or connected
to, a tower-based WCF shall be screened from public view using landscaping
and/or screening, as described above.
[3]
Small wireless communications facilities. All small wireless communications
facilities in the Borough shall comply with the requirements of the
Borough Small Wireless Communications Facility Design Manual. A copy
of such shall be kept on file at the Borough Community Development
Department.
[Added 12-10-2020 by Ord. No. 2370, approved 12-10-2020]
(g)
Replacement, co-location, or modification.
[1]
An application for replacement, co-location or
modification of a previously approved wireless support structure or
wireless communication facility shall be reviewed for conformance
with the municipal building permit requirements, including requirements
applicable to the added structural loading of the proposed antennas
and accessory equipment. These previously approved facilities shall
not be subject to the issuance of new zoning or land use approvals,
provided that:
[a]
The proposed co-location, modification or replacement
may not substantially change the physical dimensions of the wireless
support structure to which the wireless communications facilities
are to be attached.
[Amended 12-10-2020 by Ord. No. 2370, approved 12-10-2020]
[b]
The proposed co-location, modification or replacement
may not further increase the height of a wireless support structure
which had already been extended by more than 10% of its originally
approved height or by the height of one additional antenna array;
provided, however, that nothing herein shall preclude an applicant
from further increasing the height of a wire support structure which
had already been extended by more than 10% of its originally approved
height or by the height of one additional antenna array if approved
by the Borough through a conditional use.
[c]
The proposed co-location, modification or replacement
may not increase the dimensions of the equipment compound approved
by the Borough.
[d]
The proposed co-location, modification or replacement
complies with applicable conditions of approval applied to the initial
wireless telecommunications facilities, equipment compound and wireless
support structure.
[e]
The proposed co-location, modification or replacement
may not exceed the applicable wind loading and structural loading
requirements for the wireless support structure.
[2]
Replacement of wireless communications facilities
on existing wireless support structures or within existing equipment
compounds may be performed by the applicant without obtaining building
or zoning permits from the Borough.
[3]
Any substantial change to an existing WCF shall
require conditional use approval by Borough Council.
[Amended 12-10-2020 by Ord. No. 2370, approved 12-10-2020]
(h)
Permit requirements.
[1]
An application for a new tower-based WCF or small
WCF requiring the installation of a new utility pole or other wireless
support structure shall not be approved unless the Borough finds that
the wireless communications equipment planned for the proposed tower-based
WCF cannot be co-located on an existing or approved structure or building.
[Amended 12-10-2020 by Ord. No. 2370, approved 12-10-2020]
[2]
Any application for approval of a new tower-based
WCF or small WCF requiring the installation of a new utility pole
or other wireless support structure shall include a comprehensive
inventory of all existing towers and other suitable wireless support
structures within a one-half-mile radius from the point of the proposed
tower, unless the applicant can show to the satisfaction of the Borough
that a different distance is more reasonable, and shall demonstrate
conclusively why an existing tower or other suitable structure cannot
be utilized.
[Amended 12-10-2020 by Ord. No. 2370, approved 12-10-2020]
[3]
Gap in coverage or capacity. An applicant for a
tower-based WCF must demonstrate that a significant gap in wireless
coverage or capacity exists with respect to the applicant in the area
and that the type of WCF being proposed is the least intrusive means
by which to fill that gap in wireless coverage or capacity. The existence
or nonexistence of a gap in wireless coverage or capacity shall be
a factor in the Borough's decision on an application for approval
of tower-based WCFs.
[4]
The applicant shall demonstrate that the proposed
WCF comply with all applicable standards established by the Federal
Communications Commission governing human exposure to electromagnetic
radiation.
[5]
Notification.
[Amended 12-10-2020 by Ord. No. 2370, approved 12-10-2020]
[a]
Upon receipt of an application for a tower-based WCF, the Borough
shall mail notice thereof to the owner or owners of every residential
property within 500 feet of the parcel or property of the proposed
facility.
[b]
Upon receipt of an application for a small WCF in the rights-of-way
requiring the installation of a new utility pole or other wireless
support structure, the Borough shall mail notice thereof to the owner
or owners of every residential property within a 100-foot radius of
the proposed facility.
[6]
Review time frame. Within 30 calendar days of the
date that an application for a WCF that does not meet the definition
of a "small WCF" is filed with the Borough, the Borough shall notify
the applicant, in writing, of any information that may be required
to complete such application. Within 10 calendar days of the date
that an application for a small WCF is filed with the Borough, the
Borough shall notify the applicant, in writing, of any information
that may be required to complete such application.
[Amended 12-10-2020 by Ord. No. 2370, approved 12-10-2020]
[a]
All applications for new tower-based WCFs shall
be acted upon within 150 days (or the most recent time frame established
by the Federal Communications Commission) of the receipt of a fully
completed application for the approval of such new WCF, and the Borough
shall advise the applicant, in writing, of its decision.
[b]
All applications for small WCFs requiring the installation of
a new utility pole or other wireless support structure shall be acted
upon within 90 days (or the most recent time frame established by
the Federal Communications Commission) of the receipt of a fully completed
application for the approval of such WCF, and the Borough shall advise
the applicant, in writing, of its decision.
[c]
All applications for modification or co-location
of WCFs shall be acted upon within 60 days (or the most recent time
frame established by the Federal Communications Commission) of the
receipt of a fully completed application for the approval of such
modification or co-location of WCF, and the Borough shall advise the
applicant, in writing, of its decision.
[d]
If additional information was requested by the
Borough to complete an application, the time required by the applicant
to provide the information shall not be counted toward the review
periods noted in Subsection A(50)(h)[6][a] and [b] above.
[7]
Retention of experts.
[Amended 5-11-2017 by Ord. No. 2271, approved 5-11-2017]
[a]
The applicant or owner of a WCF that does not meet the definition of a "small wireless communications facility" seeking to obtain a permit to construct a new WCF or seeking to replace, modify or relocate an existing WCF shall deposit with the Borough the sum of a minimum of $1,000, possibly more, to be held in a non-interest-earning escrow account by the Borough for purposes of covering the charges of professional consultants utilized by the Borough to review, comment and make recommendations with respect to the application submitted. The Borough may hire any professional consultant(s) and/or expert(s) necessary to assist the Borough in reviewing and evaluating the application and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of approval and § 255-199A(50). The applicant and/or owner of the WCF shall reimburse the Borough for all costs of the Borough's professional consultant(s) in providing expert evaluation and consultation in connection with these activities. In the event the escrow account becomes exhausted, the applicant or owner shall deposit additional funds into the escrow account in increments of $1,000. Upon approval or issuance of the permit or approval of the application or plan, the Borough will return all remaining funds in the escrow account to the applicant or owner.
[Amended 12-10-2020 by Ord. No. 2370, approved 12-10-2020]
[b]
The amount of the initial deposit and any additional
funds required to be deposited as noted above may be modified from
time to time by resolution of Borough Council.
[8]
Permit fees. The Borough may assess appropriate
and reasonable permit fees directly related to the Borough's actual
costs in reviewing and processing the application for approval of
a WCF. The amount of this fee may not be in excess of the Borough's
actual reasonable cost to review and process the application. Zoning
permits and building permits will be required as applicable. Such
permit fees shall be established by the Borough Fee Schedule and shall
comply with the applicable requirements of the FCC.
[Amended 12-10-2020 by Ord. No. 2370, approved 12-10-2020]
(i)
Discontinuation, abandonment and removal.
[1]
Nonconforming WCFs. Any nonconforming WCF which is hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location, but must otherwise comply with the terms and conditions of § 255-199A(50).
[2]
Discontinuation. In the event that use of a WCF
is planned to be discontinued, the owner shall provide written notice
to the Borough of its intent to discontinue use and the date when
the use shall be discontinued. Unused or abandoned WCFs or portions
of WCFs shall be removed as follows:
[a]
All unused or abandoned WCFs and accessory facilities
shall be removed within three months of the cessation of operations
at the site unless a time extension is approved by the Borough.
[b]
If the WCF and/or accessory facility is not removed
within three months of the cessation of operations at the site, or
within any longer period approved by the Borough, the WCF and accessory
facilities and equipment may be removed by the Borough and the cost
of removal assessed against the owner of the WCF.
[c]
Any unused portions of WCFs, including antennas,
shall be removed within three months of the time of cessation of operations.
[3]
Bonding. The facility owner or operator shall post
and maintain funds for removal of all structures associated with the
WCF in an amount of 110% of the identified removal costs, as adjusted
over time.
[a]
The removal funds shall be posted and maintained
with the bonding company or federal or commonwealth chartered lending
institution chosen by the facility owner or operator and participating
land owner posting the financial security, provided that the bonding
company or lending institution is authorized to conduct business within
the commonwealth and is approved by the Borough.
[b]
An independent and certified professional engineer
shall be retained by the applicant to estimate the cost of removal
without regard to salvage value of the equipment. Said estimates shall
be submitted to the Borough after the first year of operation and
every five years thereafter.
[4]
Reimbursement for right-of-way use. In addition to permit fees as
described in this section, every WCF in the right-of-way is subject
to the Borough's right to fix annually a fair and reasonable fee to
be paid for use and occupancy of the right-of-way. Such compensation
for right-of-way use shall be directly related to the Borough's actual
right-of-way management costs, including, but not limited to, the
costs of the administration and performance of all reviewing, inspecting,
permitting, supervising and other right-of-way management activities
by the Borough. The owner of each small WCF shall pay an annual fee
to the Borough to compensate the Borough for the Borough's costs incurred
in connection with the activities described above. Such fees shall
comply with the applicable requirements of the Federal Communications
Commission.
[Added 12-10-2020 by Ord. No. 2370, approved 12-10-2020]
[5]
Indemnification. Each person that owns or operates a WCF shall, at
its sole cost and expense, enter into an agreement to indemnify, defend
and hold harmless the Borough, its elected and appointed officials,
employees and agents at all times against any and all claims for personal
injury, including death, and property damage arising in whole or in
part from, caused by or connected with any act or omission of the
person, its officers, agents, employees or contractors arising out
of, but not limited to, the construction, installation, operation,
maintenance or removal of the WCF. Each person that owns or operates
a WCF shall defend any actions or proceedings against the Borough
in which it is claimed that personal injury, including death, or property
damage was caused by the construction, installation, operation, maintenance
or removal of the WCF. The obligation to indemnify, hold harmless
and defend shall include, but not be limited to, the obligation to
pay judgments, injuries, liabilities, damages, reasonable attorneys'
fees, reasonable expert fees, court costs and all other costs of indemnification.
[Added 12-10-2020 by Ord. No. 2370, approved 12-10-2020]
(51)
Commercial convenience store.
(a)
The facilities shall be designed and constructed
to accommodate a minimum of four vehicles for service at each cluster
of gasoline pumps, to prevent obstruction of interior traffic patterns,
and to prevent spillover of vehicles onto any public street
(b)
All facilities and improvements must be located
within 3,800 feet of an interstate interchange.
(c)
In addition to all other permitted signs, an
outdoor menu board not exceeding a maximum sign area of 20 square
feet is permitted when drive-through service is provided.
(d)
Any drive-through facility must comply with the requirements of § 255-199A(15).
(52)
Treatment center.
(a)
The applicant shall provide a written description
of all types of residents the use is intended to include over the
life of the permit. Any future additions or modifications to this
list shall require approval of the Zoning Hearing Board as a special
exception.
(b)
The applicant shall prove to the satisfaction
of the Zoning Hearing Board that such use will involve adequate supervision
and security measures to protect public safety.
(c)
The Zoning Hearing Board may place conditions
on the use as necessary to protect public safety, including conditions
on the types of residents and security measures.
(53)
Community gardens.
[Added 7-11-2013 by Ord. No. 2182, approved 7-11-2013]
(a)
Purpose and intent.
[1]
Allow the growing of crops in urbanized areas while
minimizing negative impacts to adjacent properties and the community.
[2]
Encourage locally grown produce, promote healthy
and nutritional food, and fill gaps in food accessibility for a community.
[3]
Foster community development by providing opportunities
for recreation, education/training, special events, social interaction,
and economic potential.
[4]
Provide green space in urbanized areas to enhance
community character and reduce the impact of pollutants and stormwater
runoff.
(b)
Community gardens may include the following uses:
[1]
The cultivation, growing, and harvesting of any
agricultural, floricultural, or horticultural commodity.
[2]
Greenhouses, hoop houses, cold frames, and similar
structures for the growing of plants.
[3]
Sheds, gazebos, and pavilions, and similar structures
as accessory uses.
[4]
Composting as an accessory use, subject to Subsection A(53)(c)[7] below.
(c)
Community gardens are subject to the following regulations:
[1]
Lot size and width. Community gardens shall be
located on lots that comply with the minimum lot size and width in
the district in which they are located.
[2]
Setbacks. All accessory structures must comply
with the setbacks for accessory structures in the district in which
they are located.
[3]
Coverage. Lots used as community gardens must comply
with the building and/or impervious coverage requirements of the zoning
district in which the lot is located.
[4]
Height. The height of structures shall be in conformance
with accessory building height of the zoning district.
[5]
Parking. The applicant shall demonstrate that sufficient
parking spaces and loading spaces will be available or provided for
all uses proposed.
[6]
Signs. A community garden may include one sign
per road frontage, no larger than four square feet in a residential
district and 10 square feet in a nonresidential district.
[7]
Composting.
[a]
Setback regulations for composting containers and
materials shall comply with underlying zoning regulations for accessory
structures.
[b]
Designated composting areas shall be screened from
adjoining residential districts with either a fence or suitable screening
material.
[c]
Composing areas and structures must be maintained
in a way that protects adjacent properties from nuisance odors and
the attraction of rodents or other pests.
[d]
Composting materials shall only be generated on
site.
[8]
Operations.
[a]
The hours of operation shall be consistent with
other outdoor public and institutional uses in the district and protect
neighbors from light, noise, disturbance or interruption.
[b]
A community garden shall be conducted in such a
way that no traffic congestion, noise, glare, odor, smoke, vibration,
fire hazards, safety hazards, electromagnetic interference, or otherwise,
shall be noticeable at or beyond the property line.
(d)
Permitting process for community gardens. Applicants proposing
a community garden must submit a community garden permit application
(free) to the Zoning Officer for approval, identifying the following:
[1]
Location map and property address.
[2]
Name and contact information of person or organization.
[3]
All existing and proposed structures and buildings.
[4]
Location and height of proposed structures and
buildings, including sheds, containers, compost facilities, landscaping
and fencing.
[5]
Description of the proposed operation and activities.
[6]
Distance between structures/activities and neighboring
properties.
[7]
Driveways, access drives, parking areas, and loading
areas.
[8]
Estimated number of separate plots to be cultivated
by individuals.
[9]
Certify compliance with all applicable local, state
and federal regulations and permits.
(54)
Mobile food vending.
[Added 6-12-2014 by Ord.
No. 2200, approved 6-12-2014]
(a)
Purpose and intent. Carlisle Borough recognizes that the diversity
of prepared food options can be enhanced by permitting mobile food
vendors to serve prepared food within the Borough limits in the I-1
General Industrial Zoning District. The Borough further recognizes
that mobile food vendors have the same responsibilities to their customers
and the community as do food service establishments with fixed locations
and should be required to abide by the local permitting process. The
requirements of this section apply to mobile food vendors who return
to the same location or service area daily or on a set schedule within
the Borough of Carlisle.
(b)
Requirements for mobile food vendors within the I-1 Zoning District
in the Borough of Carlisle.
[1]
Vendors must have a current permit from the Pennsylvania
Department of Agriculture, Bureau of Food Safety and Laboratory Services.
[2]
Vendors may operate only on private property with
written permission from the property owners. The parcel must be zoned
I-1 General Industrial.
[3]
Vendors may operate only during daylight hours
between 8:00 a.m. and 8:00 p.m.
[4]
Mobile vending units shall be located at least
10 feet away from the nearest building, provided that a mobile vending
unit may be located closer than 10 feet to a building if the location
has been approved in advance by the Borough Fire Chief. Mobile vending
units shall be located a minimum distance of 15 feet in all directions
of a fire hydrant.
[5]
Vendors shall only serve walk-up customers, not
customers in a motor vehicle.
[6]
Vendors shall not broadcast music or loud advertisements.
[7]
Vendors shall not provide customer seating.
[8]
No signage is allowed except signage affixed to
the mobile vending unit identifying the vendors and menu/price information.
[9]
Vendor must display the food vendor and Department
of Agriculture permits in a prominent location on the unit.
[10]
Only one mobile vending unit may locate on any
parcel at one time.
[11]
Vendors must provide for adequate waste collection
from their customers and remove waste from the site daily without
using public waste receptacles.
[12]
Vendors must operate in a safe, sanitary, and
nonoffensive manner. Complaints of unsafe conditions, excessive waste
or noise (from patrons or machinery), or other disruptive conditions
to neighboring owners or occupants will be investigated and may be
the cause for revoked permits or denied permit renewal.
[13]
The mobile food vendor operator or his/her designee
must be present at all times except in cases of an emergency.
[14]
No liquid waste or grease is to be disposed in
tree pits, storm drains or onto the sidewalks, streets, or other public
space. Under no circumstances shall grease be released or disposed
of in the Borough's sanitary sewer system.
(c)
Permit requirements. Mobile food vendors must obtain a yearly
permit to operate within the I-1 District in the Borough of Carlisle.
The following information shall be provided with each application
for a mobile food vendor permit:
[1]
Name of mobile food vendor.
[2]
Make, model, and license plate number of vending
unit.
[3]
Owner's contact information.
[4]
Operator's contact information.
[5]
Type of vendor (street vending unit or sidewalk
vending unit).
[6]
Copy of approved permit from the Pennsylvania Department
of Agriculture.
[7]
List of operating locations and times (calendar).
[8]
Signatures from property owners indicating consent
for the use of their property.
[9]
Signature by applicant indicating agreement to
the listed requirements for operation of a mobile food vendor business
in the I-1 District.
[10]
Proof of valid insurance policy that provides
minimum liability coverage of $1,000,000 with the Borough named as
additional insured.
(d)
Investigation of applicants; granting of authorization.
[1]
Upon receipt of an application for a permit, the
Chief of Police or his or her delegate shall cause such investigation
of the applicant, the applicant's business or organization and good
moral character to be made as he or she deems necessary for the protection
of the public welfare.
[2]
If, as a result of such investigation, the applicant,
applicant's business or organization or good moral character is found
to be unsatisfactory, the Chief of Police or his or her delegate shall
endorse on such application his or her disapproval and the reasons
for the same and transmit the application to the Zoning Department.
[3]
If, as a result of such investigation, the applicant,
business or organization and good moral character of the applicant
are found to be satisfactory, the Chief of Police or his or her delegate
shall endorse on the application his or her approval and transmit
the application to the Zoning Department.
[4]
Mobile food vendor permits shall be issued by the
Zoning Officer. No permit shall be issued until such investigation
is complete, but in no event shall authorization be granted sooner
than three full business days from the date of receipt of the application
by the Carlisle Police Department.
(e)
Appeals. Any person aggrieved by the action of the Zoning Officer
in denying a permit application or in the decision with reference
to the revocation of authorization shall have the right of appeal
to the Zoning Hearing Board. Such appeal shall be taken by filing
an application with the Zoning Officer, within seven days after notice.
(f)
Permit review. Permit requests shall be submitted to the Zoning
Officer for review and approval.
(g)
Special or multiple vendor events. This § 255-199A(54) and its requirements, rights, and privileges shall not apply in any respect to mobile food vendors at events regulated and permitted under § 237-9B (exceptions to fixed locations) of the Borough ordinance.
(h)
Permit fees. The Borough Council may by resolution establish,
and from time to time amend, a fee amount for a mobile food vendor
permit.
(i)
Maximum number of permits. No more than 10 active mobile food
vendor permits shall be allowed at any given time. Permits shall be
issued to qualified applicants on a first-come-first-served basis.
The Borough may refuse a permit if the Borough determines that issuing
the permit will negatively impact traffic flow, or will otherwise
be detrimental to the general public health and safety, or if the
number of issued mobile food vendor permits is already exhausted.
Mobile food vendors will be encouraged to adjust the locations or
times of their proposed sales to accommodate the Borough's ability
to ensure public health and safety. The Borough may refuse a permit
to anyone seeking a mobile food vendor permit if the entity has a
poor record of conformance with permit requirements. No permit shall
be issued until the permit fee established by the schedule of fees
has been paid in full.
(j)
Violations and remedies. Violations of § 255-199A(54) shall result in enforcement remedies as specified in § 255-243.
A.
General. Accessory structures or uses that are clearly
customary and incidental to a principal use that is permitted by right
or special exception are permitted within the requirements of this
section and this chapter.
B.
Setback requirements.
(1)
The accessory structure setbacks listed in this
section shall apply to every permitted accessory use or structure,
unless the regulations of this section are clearly intended to allow
a structure or use to occur with a smaller setback or to require a
larger setback for a particular accessory use or structure.
(2)
Front yard. No accessory structure or use shall
be permitted within a required residential front yard, unless specifically
permitted by this section.
C.
Accessory uses permitted by right in all districts.
(1)
Fence, hedge or wall.
(3)
Off-street parking only to serve a permitted
use in that district.
(4)
Satellite antenna or household antenna.
(5)
Keeping of pets.
(6)
Windmill.
(7)
Solar energy system.
(8)
Recreational facilities limited to residents
of a development and their clearly occasional guests.
(9)
Restaurant, day-care center or recreational
facilities limited to use by employees and their families of a permitted
principal use.
(10)
No-impact home occupation as an accessory use
to all dwelling units.
D.
Accessory use standards. Each accessory use that has
requirements listed in this section shall comply with all of these
requirements, in addition to all other requirements of this chapter:
(1)
Commercial or industrial outdoor storage and
display.
(a)
Location. Shall not occupy any part of the existing
or future street right-of-way, area intended or designed for pedestrian
use, required parking area or part of the required paved area setback.
(b)
No outside industrial storage shall be located
on land with an average slope in excess of 15%.
(c)
No outdoor industrial storage or area routinely used for the storage of four or more tractor-trailers, or detached trailers of tractor-trailers shall occur within 200 feet of an existing dwelling or a residential district or an expressway or arterial street existing right-of-way, unless the storage is buffered from view by buildings or a twenty-foot-wide buffer yard and screening within the requirements of Article XXIII.
(d)
Outdoor storage of any type shall not be permitted
unless such storage is part of the normal operations conducted on
the premises, subject to design and performance standards for the
prevailing zoning district.
(e)
All organic rubbish or storage shall be contained
in airtight, vermin-proof containers which shall also be screened
from public view. All such storage shall be located behind the minimum
front yard setback line.
(f)
Any establishment which furnishes shopping carts
shall ensure all shopping carts are marked with the name of the establishment
and provide clearly marked areas within the required parking space
areas for storage of said carts.
(2)
Day-care center. [See nursery school/day-care center, § 255-200D(8) of this section.]
(3)
Fences and walls.
(a)
Unless otherwise stated, these uses shall be
allowed in all districts.
(c)
Fences.
[1]
Any fence located in a yard which abuts a public
street in a residential district shall have a minimum ratio of 3:1
of opaque to nonopaque areas and shall not exceed five feet in height.
Wire mesh may be attached to the inside of the fence. However, temporary
fences for construction may be nonopaque and shall not exceed eight
feet in height.
[Amended 8-9-2012 by Ord. No. 2170, approved 8-9-2012]
[2]
Fences may be located on the side or rear lot
line.
[3]
In a residential district, any fence located
on a lot other than in a yard which abuts a public street may have
a height of up to six feet and may be nonopaque.
[Amended 8-9-2012 by Ord. No. 2170, approved 8-9-2012]
[4]
In all other districts, fences shall have a
maximum height of 12 feet.
[5]
A fence of up to 10 feet may be allowed in a
rear yard in any district for the sole purpose of enclosing a court
for tennis or similar sports.
[6]
A fence shall not be required to comply with
accessory structure setbacks.
[7]
A fence may be erected in a location wherever
clearly necessary to ensure safety of persons at the top of a retaining
wall.
[8]
For commercial or industrial businesses with
garden centers and outside storage which share one common wall with
the principal use, a fence equal in height to the height of the common
wall shall be permitted for the remaining three sides of the garden
center or outside storage area.
[9]
Fences which are accessory to a residential
use may be erected within that unimproved portion of a street right-of-way
which is not being used for vehicular or pedestrian travel, stormwater
facilities, utilities or other public uses, provided such fences do
not obstruct sight distances and provided further, such fences shall
be removed, at the owner's sole expense, promptly upon notice from
the Borough. Any fence not timely removed may be removed by the Borough,
and the cost of removal shall be assessed as a lien against the property.
[Added 2-12-2004 by Ord. No. 2007, approved 2-16-2004]
(d)
Walls.
[1]
Engineering and retaining walls necessary to
hold back slopes are exempted from the regulations of this section
and are permitted by right as needed in all districts.
[2]
Any walls should be architecturally compatible
with the structure and the landscape.
[3]
Any wall in the front yard of a use and parallel
to the street in a residential district shall be a special exception,
permitted only if compatible with the character of the area.
[4]
Where adjacent to a street, walls may be one
foot in height for every two feet they are set back from a property
line, up to a maximum height of six feet.
(4)
Garage sale (including yard sales and porch
sales).
(a)
Shall include only the occasional sale of personal
effects, food, nonalcoholic beverages, and other similar items, and
may include the rental of on-site parking spaces. A garage sale shall
not include wholesale sales.
(b)
No dwelling unit shall hold a garage sale during
more than four days total in any ninety-day period.
(c)
Shall only be conducted by the owner of the
lot or tract where such activity is conducted, by an occupant of the
dwelling unit thereon erected, or by a duly licensed transient retail
vendor, and by no other persons whatsoever.
(d)
Shall be clearly accessory to a dwelling unit.
(e)
Shall not be conducted upon any street, sidewalk
or public area.
(5)
Home occupation.
(a)
The home occupation shall be conducted unobtrusively
and shall not impinge upon neighbors nor adversely affect the residential
character of the premises or the neighborhood.
(b)
The home occupation shall be carried on only
by residents of the dwelling unit, plus not more than one full-time
additional employee or equivalent, except in the R-1 Low Density Residential,
R-2 Medium Density Residential and R-5 Traditional Residential Districts,
where no additional employees shall be permitted.
(c)
The home occupation may be conducted in the
dwelling unit, garage or outbuildings on the premises; however, the
total space devoted to the home occupation, including storage of materials,
shall not exceed 25% of the finished floor space of the principal
dwelling unit.
(d)
There shall be no use of show windows, displays
or advertising visible outside the premises to attract customers or
clients, except for home occupations in the R-3 High Density, R-4
Town Center and OR Office Residential Districts as may be permitted
by this chapter.
(e)
There shall be no exterior storage of materials
for the home occupation, including storage within a fenced yard.
(f)
Retail sale of goods shall be prohibited, except
in the R-3 High Density, R-4 Town Center and OR Office Residential
Districts and which shall need special exception approval by the Zoning
Hearing Board.
(g)
No business of any type shall be conducted as
a home occupation that involves visits to the premises by clients,
customers or patients, except in the R-3 High Density, R-4 Town Center,
and OR Office Residential Districts where up to an average of five
visits per day to the premises by clients, customers or patients may
be permitted when authorized by the Zoning Hearing Board as a special
exception.
(h)
No more additional off-street parking spaces
need be created on the premises for the home occupation.
(i)
No home occupation shall create noise, fumes,
odor, dust, vibrations, electromagnetic interference, heat, glare,
smoke, radiation or other effects that are noticeable at or beyond
the property line.
(6)
Keeping of pets.[1] (Note: This does not pertain to animal husbandry which is regulated by § 255-199.)
(a)
This is a permitted by right accessory use in
all districts unless otherwise stated.
(b)
No use shall involve the keeping of animals
or fowl in such a manner that it creates a serious nuisance, including
noise or smell or a health hazard or a safety hazard.
(c)
In the residential districts, no more than three
dogs and no more than four cats may be kept, unless the nearest dwelling
other than that of the owner is at least 300 feet from any area in
which the animals are regularly kept. No numerical restriction shall
apply to cats and dogs less than six months of age.
(d)
In any zoning district, not more than two horses
may be stabled or maintained, provided that no structure housing the
horses or area fenced in for their use is less than 50 feet from any
lot line and is not closer than 150 feet to the nearest existing dwelling
other than that of the owner.
(e)
Keeping of more than the specified number of
cats or dogs or for commercial purposes shall be considered a kennel.
(f)
Keeping of more than the specified number of
horses shall be considered a stable.
(7)
Multifamily building accessory uses.
(a)
Uses permitted. Accessory use in multi-dwelling-unit
buildings shall be restricted to uses designed for residents of dwellings
only. They shall be restricted to those uses specified in the following
subsections of these controls which, if provided, shall conform to
the applicable regulations.
(b)
Washing machines and dryers. No common area
for such facilities shall exceed more than 1/4 of the floor area of
any single floor. Area for such purpose shall be properly ventilated.
(c)
Lockers or storage area. Each garden apartment
dwelling unit shall be provided with a minimum of 96 cubic feet of
storage area in an enclosed room which shall be capable of being locked.
(d)
Recreational room or lounge. Any such facilities
shall be located in a room which is properly safeguarded from use
by persons not residing in the dwelling, or their occasional guests.
(e)
Outdoor recreation.
[1]
Such facilities shall be limited to the following: tennis courts completely surrounded by a fence 10 feet in height; barbecue or other cookout facilities constructed of permanent material; yards which are completely landscaped; garden areas for tenant use; play lots, provided that facilities located in this area are surrounded by fencing at least four feet in height, with benches for adults; facilities for such games as shuffleboard, basketball or horseshoes, provided that a paved surface is provided and that such facilities are located at least 20 feet from any building;, and swimming pools, subject to regulations of §§ 255-199 and 255-200.
[2]
All outdoor recreational facilities, except
yards and garden areas, shall not be located within 15 feet of any
lot line.
[3]
No outdoor facilities, except yards, shall be
located between the minimum building setback line and the street lines.
(f)
Other building accessory uses.
[1]
Garages shall be designed to conform with the
main building and shall not be within 25 feet of any street line.
[2]
Recreational facilities shall be conducted within
a building or in a landscaped area which is set back at least 25 feet
from any street line.
[3]
Storage areas. All such facilities shall be
located in an area which has direct access to a street or driveway.
No such area shall be located within 25 feet of any street line.
[4]
Other accessory use controls. All uses shall
be restricted to the activities related to the primary use, excluding
accessory services to adjacent uses on nearby lots.
(8)
Nursery school/day-care center as an accessory
use to a residential use.
(a)
Care of a maximum of four children may occur
in a single-family detached dwelling or up to two children in any
other dwelling unit. This restriction shall apply only to children
not related to the owner or lessee of the property by blood, marriage,
adoption or foster relationship.
(b)
Shall occur on a lot with a minimum of 1,000
square feet of usable outdoor open space or that is within 200 feet
of a public park.
(c)
The dwelling shall retain a residential appearance,
with no change to the exterior of the dwelling to accommodate the
use.
(9)
Outdoor storage. [See commercial or industrial outdoor storage, in Subsection D(1) of this section.]
(10)
Recreational vehicle storage as an accessory
use to a dwelling. One licensed, uninhabited recreational vehicle
or unit in transportable condition may be stored on a lot, within
the following limitations:
(a)
It shall not be stored within the front yard.
(b)
It shall be set back a minimum of six feet from
the lot line of any lot that includes an existing residential use.
(c)
Any recreational vehicle that is unlicensed
or not in transportable condition shall be kept out of view from any
public street or existing dwelling, other than that of the owner.
(d)
For the purposes of this section, "stored" shall
be defined as the parking of a recreational vehicle for a total of
24 hours or more during any seven-day period.
(e)
One recreational vehicle may be inhabited as
a temporary accessory residence to a single-family detached dwelling
for a period of seven days once in a calendar year.
(11)
Satellite antennas.
(a)
Satellite antenna shall be a permitted by right
accessory use in all districts for all uses.
[1]
A satellite antenna shall have
a maximum diameter of three feet in a residential district and 15
feet in any other district.
[2]
In any district other than a residential
district, a satellite antenna shall have a maximum height of 25 feet
above the average ground level, if the antenna is ground mounted,
or 15 feet above the highest point of a roof, if roof-mounted.
(12)
Single- or two-family dwelling accessory uses.
Where the following setbacks for a specific accessory use differs
from the accessory setback requirements in a particular district,
the setbacks of this subsection shall rule for that particular use.
(b)
Detached garage or detached carport.
[1]
Maximum height: 20 feet.
[2]
Maximum length: 30 feet.
[3]
Maximum width: 30 feet.
[4]
No temporary structures shall be
permitted.
[5]
No structure shall be within eight
feet of any street line.
[6]
No structure shall be permitted
within any required front yard nor within any accessory structure
setback applicable to a district.
[7]
No dwelling units shall be permitted
within a detached garage.
(c)
Storage shed or any other customary and incidental
accessory building: maximum height, 12 feet.
(d)
Other accessory use controls.
[1]
No animal husbandry uses shall be permitted. [See keeping of pets, within § 255-200D(6) of this section.] Individual gardens for home consumption are permitted, except within the required front yard.
[2]
No activities shall be permitted
which create a public nuisance and/or interfere with the customary
use of adjacent residential lots.
[3]
This section is not by itself intended
to prohibit uses that are very clearly customary and incidental to
a residential use, provided that they do not threaten public health
and safety.
(14)
Windmill.
(a)
All windmills that could be climbed upon by
children shall be surrounded by a fence at least five feet in height
which is located at least five feet from the base of such windmill.
(b)
No windmill shall be permitted the design of
which permits any vane, sail or rotor blade to pass within 10 feet
of the ground.
(c)
All electrical wiring leading from a windmill
shall be located underground.
E.
Vending machines. No vending machine may be an accessory use or accessory
to a dwelling unit or units in any residential zoning district.
[Added 5-14-2015 by Ord.
No. 2221, approved 5-14-2015]
