A.
Unless otherwise provided by law or in this chapter, no building or structure shall be constructed, erected or extended and no building, structure or land shall be used or occupied except for the purposes permitted in this article.
Uses permitted by right or special exception shall be subject, in addition to use regulations, to such regulations of yard, lot size, lot width, building coverage, height, provisions for off-street parking and loading and to such other provisions as are specified in this chapter.
A.
The laws of the commonwealth and the regulations of the Bucks County Health Department regarding public and on-lot water supply and waste disposal systems shall be adhered to. No zoning permit shall be issued until approval is obtained from the Bucks County Department of Health for water supply and sewage disposal.
B.
Whenever a lot is adjacent to, abutting or accessible to public water supply or public sanitary sewers, a zoning or construction permit shall not be issued before or until the applicant shall have received a permit for connection to said water supply and/or sanitary sewer from Perkasie Regional Authority.
C.
Use of groundwater as potable water prohibited.
(1)
No person shall drill, install, or otherwise construct any new potable water well, cistern, or any other groundwater collection device in those areas within the "Groundwater Restricted Area" as shown on the Groundwater Restricted Area Map attached hereto which accompanies this chapter[1] and which is bounded by West Callowhill Street at North 8th Street, to South Main Street to the Pleasant Spring Creek then to the East Branch of the Perkiomen, all of Elm Avenue, South 6th Street from Elm Avenue to West Park Avenue, then North 9th Street to Bridge Street, and North 8th Street to West Callowhill Street.
[Amended 12-5-2022 by Ord. No. 1050]
[1]
Editor's Note: Said map is included as an appendix to this chapter.
(2)
No person shall use or attempt to use as potable water the groundwater from the groundwater restricted area.
(3)
For the purpose of this section, "potable" is defined as any water used for human or domestic consumption or for agricultural purposes, including but not limited to, water used for drinking, bathing, swimming, washing dishes, preparing foods, watering lawns or producing food, crops and/or livestock.
(4)
For the purpose of this section, "person" is defined as any individual, partnership, co-partnership, company, limited liability company, corporation, association, joint stock company, trust, estate, political subdivision, or any other legal entity, or their legal representatives, agents, or assigns, including the Borough.
(5)
The Borough shall provide 30 days' advanced written notice to the Pennsylvania Department of Environmental Protection prior to this prohibition being modified or eliminated.
Any use existing on the effective date of this chapter which is classified as requiring a special exception in the district in which the land occupied by the use is located shall be deemed to have been granted a special exception subject to maintaining the character and extent of operations and structures existing on that date. Any application for change in use or structure shall require a special exception from the Zoning Hearing Board as provided in Article XI.
A.
The Zoning Officer may grant a permit for a nonconforming temporary building or use incidental to a construction project when such building or use is reasonably required for such project.
B.
Such permit shall be granted for an initial period of not more than one year and, in the case of a building, only upon application accompanied by a bond and a bill of sale to the Borough to be effective in case the building is not removed prior to the expiration date of the authorized permit. Such permit may be renewed annually by the Zoning Officer for an aggregate period of not more than three years.
C.
Excepted from the required permit above shall be temporary portable construction shacks not exceeding 50 square feet in area for the storage of construction tools and equipment.
A.
Agricultural uses.
(1)
Farming. The production of agricultural, horticultural, arboriculture, viticultural and dairy products; the keeping of livestock, poultry, and the products thereof; the raising of fur-bearing animals and the products thereof; the products of poultry and bee-raising and all buildings (barns, sheds, silos, etc.) associated with this use. All facilities shall meet the requirements of the Act of May 20, 1993, (P.L. 12, No. 6) known as the Nutrient Management Act.[1]
(a)
Any building or structure used for the keeping or raising of bees, livestock, horses or poultry shall be situated not less than 100 feet from any street line or property line.
(b)
Silos shall not be located less than 1.25 times the height of the silo from any street or property line.
(c)
Riding stables, livery or boarding stables and commercial dog kennels are not included under this use.
(d)
Retail sales shall meet the requirements of § 186-18H(6), Roadside stand.
(e)
This use does not include the making of compost and/or mulch using materials from off site.
(f)
No "game" or "wildlife" (as defined in 34 Pa.C.S.A. Section 102, "The Game and Wildlife Code") or "Exotic Wildlife" (as defined in 34 Pa.C.S.A. Section 2961, "The Game and Wildlife Code") may be kept except in accordance with the provisions of the Game and Wildlife Code of Pennsylvania, 43 Pa.C.S.A. § 101 et seq., and the regulations adopted pursuant thereto.
[1]
Editor's Note: The Nutrient Management Act, 3 P.S. § 1701 et seq., was repealed by 2005, July 6, P.L. 112, No. 38, § 3. See now the Nutrient Management and Odor Management Act, 3 Pa.C.S.A. § 501 et seq.
(2)
Forestry/timber harvesting. The management of forests and timberlands when practiced in accordance with accepted forestry principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve any land development. Clear cutting or selective cutting of forest or woodlands for development, building, subdivision, or any other land use change is not forestry.
(a)
Applicability. A zoning permit shall be required for all forestry/timber harvesting activities; however, an individual property owner need not obtain a permit to cut a tree or trees as part of normal home maintenance and upkeep, and the following activities are specifically exempted:
(b)
Forestry plan. Every landowner on whose land timber harvesting is to occur shall submit a written logging plan in the form specified by this chapter. The plan shall be prepared by a professional forester or forest technician. No timber harvesting shall occur until the plan has been prepared. The provisions of the plan shall be followed throughout the operation. The plan shall be available at the harvest site at all times during the operation and shall be provided to the Borough upon request.
(c)
Responsibility for compliance. The landowner and the operator shall be jointly and severally responsible for complying with the terms of the logging plan.
(d)
Contents of the forestry/logging plan.
[1]
Design, construction, maintenance of the access system, including haul roads, skid roads, skid trails and landings.
[2]
Design, construction and maintenance of stream and wetland crossings.
[3]
The general location of the proposed operation in relation to municipal and state highways, including any accesses to those highways.
[4]
Copies of all required permits shall be submitted.
[5]
Proof of current general liability and/or worker's compensation insurance.
[6]
Proof of PennDOT highway occupancy permit or Borough driveway permit for temporary access, as applicable.
[7]
Copy of Bucks County Conservation District letter of adequacy for the proposed erosion control facilities, including associated plans, reports and other permits as required.
[8]
Map showing site location and boundaries, including both the boundaries of the property on which the timber harvest will take place and the boundaries of the proposed harvest area within that property.
[9]
Significant topographic features related to potential environmental problems.
[10]
Location of all earth disturbance activities such as roads, landings and water control measures and structures.
[11]
Location of all crossings of streams or waters of the commonwealth.
(e)
Compliance with all laws. The forestry/logging plan shall address and comply with the requirements of all applicable federal, state and Borough laws and regulations including, but not limited to, the following:
[1]
Erosion and sedimentation control regulations contained in 25 Pa. Code Chapter 102, promulgated pursuant to the Clean Streams Law (35 P.S. § 691.1 et seq.);
[2]
Stream crossing and wetlands protection regulations contained in 25 Pa. Code Chapter 105, promulgated pursuant to the Dam Safety and Encroachments Act (32 P.S. § 693.1 et seq.); and
[3]
Stormwater management plans and regulations issued pursuant to the Storm Water Management Act (32 P.S. § 680.1 et seq.)
[4]
Compliance with federal law/regulations. The forestry/logging plan shall address and comply with the requirements of all applicable federal laws and regulations including, but not limited to, the best management practices (BMPs).
(f)
Forest practices. The following requirements shall apply to all forestry/timber harvesting operations.
[1]
Felling or skidding on or across any public thoroughfare is prohibited without the express written consent of the Borough or the Pennsylvania Department of Transportation, whichever is responsible for maintenance of the thoroughfare.
[2]
No forestry refuse shall be left on or within 25 feet of any public thoroughfare.
[3]
Litter resulting from a timber harvesting operation shall be removed from the site before it is vacated by the operator.
[4]
Any soil, stones and/or debris carried onto public roadways must be removed immediately.
[5]
No forestry/logging use shall be permitted within areas with slopes of 15% or greater.
[6]
When the harvest is completed, both dirt roads used by the trucks and skid roads used to drag the logs from the woods to the loading area must be graded approximately to original contours, and be seeded and mulched as necessary to establish stable groundcover.
[7]
A "no logging" buffer zone with a width of 25 feet shall be maintained along any street abutting or running through a property on which the forestry/logging operation is to be conducted. The buffer shall be measured from the ultimate right-of-way of a public street and from the easement boundary of a private street. No trees shall be cut, removed, skidded, or transported in a "no logging" buffer zone except as necessary for access to site from the street.
[8]
A "no logging" riparian buffer zone with a width of 50 feet shall be maintained along both sides of any watercourse or canal that abuts or runs through a property on which the forestry, logging, or timber harvest operation is to be conducted. The buffer shall be measured from the high water mark of the watercourse or canal. No trees shall be cut, removed, skidded, or transported in a "no logging" riparian buffer zone.
B.
Residential uses.
(1)
Single-family detached dwelling. A dwelling unit on an individual lot with private yards on four sides of the house. Detached dwellings may include dwellings constructed on the lot, prefabricated dwellings, manufactured dwellings, modular dwellings, and mobile homes. If the dwelling is a mobile home, the following conditions shall also apply:
 |
(a)
No more than one mobile home shall be placed on a single parcel, and such mobile home shall be occupied by not more than a single family.
(b)
Each mobile home shall be placed on a permanent foundation that meets all applicable requirements of the Borough's Building Code, Chapter 70, Building Construction.
(c)
The exterior covering material of the mobile home shall extend to the ground, except that when a solid concrete or masonry perimeter foundation is used, the exterior material need not extend below the top of the foundation.
(d)
All mobile home tow bars, wheels and axles shall be removed when the dwelling is installed on a residential lot.
(2)
Two-family dwelling.
(a)
Twin: A building containing two dwelling units, each of which is totally separated from the other by a solid wall extending from ground to roof. Dwellings having a party wall in common must be erected at the same time. Each twin dwelling unit must be placed on a separate lot.
 |
(b)
Duplex: A building containing two dwelling units, each of which is totally separated from the other by a solid ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell.
 |
(c)
Table of Dimensional Requirements.
[Amended 11-7-2022 by Ord. No. 1051]
| Number of Bedrooms | Minimum Lot Area (square feet) | Average Lot Area per Dwelling Unit (square feet) | Minimum Lot Width at Building Setback (feet) |
|---|---|---|---|
| 2 | 3,600 | 4,000 | 40 |
| 3 | 4,000 | 4,500 | 40 |
| 4 | 4,200 | 4,700 | 45 |
| 5 | 4,500 | 5,000 | 45 |
(3)
Townhouse: A single-family attached dwelling unit, with one dwelling unit from the ground to the roof, having an individual outside access. A row of townhouses shall contain a minimum of three units and a maximum of seven units, not to exceed an average of five units per row in each individual subdivision or land development.
 |
(4)
Multiplex: An attached dwelling which does not fall under the definition of a townhouse. In general, all units have independent outside access, but this is not necessary. Units may be arranged in a variety of configurations: side-by-side, back-to-back or vertically. The essential feature is the small number of units attached. No more than five units shall be attached in any group, and the groups shall average four units per structure.
 |
(a)
Table of Dimensional Requirements.
[Amended 11-7-2022 by Ord. No. 1051]
| Type of Dwelling | Minimum Lot Area per Dwelling Unit (square feet) | Average Lot Area per Dwelling Unit (square feet) |
|---|---|---|
| Efficiency | 800 | 1,000 |
| 1-bedroom | 1,500 | 1,700 |
| 2-bedroom | 2,200 | 2,400 |
| 3-bedroom | 2,500 | 2,800 |
| 4-bedroom | 2,700 | 3,000 |
(5)
Multifamily: A building having three or more dwelling units and not having more than three stories.
(a)
Building orientation.
[1]
The minimum horizontal distance between facing walls of any two buildings or one building with facing walls shall be: 75 feet where two facing walls both contain a window or windows; 50 feet between two facing walls where only one contains a window or windows; and 25 feet between corners of two buildings where no exterior wall of one can be intersected by a line drawn perpendicular to any exterior wall of other buildings (other than a line that results from colinear walls).
[2]
"Facing walls" are defined as walls that are opposite to and parallel with one another or that are wall lines or extensions of wall lines of opposite walls which intersect at angles of less than 65°.
(b)
Building standards. The following building standards shall be required:
[1]
Maximum building size shall be restricted to no more than 16 dwelling units in any one continuous structure, and there shall not be more than eight dwelling units in any unbroken apartment structure line.
[2]
A setback of more than 10 feet shall be considered as an acceptable break in the apartment structure line.
[3]
Not more than two floors or levels may be used for dwelling units or living quarters in any building.
(c)
Landscaping. Where side or rear lot lines of a multifamily dwelling development abut a residential district, an evergreen planting shall be provided along said side or rear lot lines. Planting material shall be a continuing obligation of the owner of the property.
(d)
Off-street parking design standards. In addition to the off-street parking provisions of Article VIII, the following additional provisions shall be required:
[1]
All parking spaces and access drives shall be at least 20 feet from any multifamily dwelling on the lot.
[2]
No one area for off-street parking of motor vehicles shall exceed 36 cars in capacity. Separate parking areas on a lot shall be physically separated from one another by an eight-foot planting strip.
[3]
No on-street parking shall be permitted on any street, whether public or private.
(6)
Residential conversion: The conversion of an existing building into two or more dwelling units or the conversion of an accessory building into one or more dwelling units.
(a)
Detached dwellings which are converted must maintain the appearance of a detached dwelling with a single front entrance. Additional entrances may be placed on the side or rear of the structure. The dwelling units may share the single front entrance. Exterior stairways and fire escapes shall be located on the rear wall in preference to either side wall, and in no case on a front or side wall facing a street.
(b)
Except as may be necessary for purposes of safety in accordance with the preceding Subsection B(6)(a), there shall be no major structural change in the exterior of the building in connection with the conversion. After conversion, the building shall retain substantially the same structural appearance it had before such conversion.
(c)
Off-street parking.
(7)
Single-family cluster: A single-family detached cluster use shall include single-family detached dwellings on individual lots that are clustered to preserve open space.
(a)
Single-family detached.
[1]
A dwelling unit on an individual lot with private yards on four sides of the house. Detached dwellings may include dwellings constructed on the lot, prefabricated dwellings, manufactured dwellings, modular dwellings, and mobile homes. If the dwelling is a mobile home, the following conditions shall also apply:
[a]
No more than one mobile home shall be placed on a single parcel, and such mobile home shall be occupied by not more than a single family.
[b]
Each mobile home shall be placed on a permanent foundation that meets all applicable requirements of the Borough's Building Code, Chapter 70, Building Construction.
[c]
The exterior covering material of the mobile home shall extend to the ground, except that when a solid concrete or masonry perimeter foundation is used, the exterior material need not extend below the top of the foundation.
[d]
All mobile home tow bars, wheels and axles shall be removed when the dwelling is installed on a residential lot.
(8)
Performance standard subdivision: A type of cluster development in which the developer may choose to develop a variety of housing types subject to the regulations stated below and the requirements of Article IV, § 186-18B of this chapter, provided the site is a minimum of five acres.
(a)
Single-family detached dwelling.
[1]
A dwelling unit on an individual lot with private yards on four sides of the house. Detached dwellings may include dwellings constructed on the lot, prefabricated dwellings, manufactured dwellings, modular dwellings, and mobile homes. If the dwelling is a mobile home, the following conditions shall also apply:
[a]
No more than one mobile home shall be placed on a single parcel, and such mobile home shall be occupied by not more than a single family.
[b]
Each mobile home shall be placed on a permanent foundation that meets all applicable requirements of the Borough's Building Code, Chapter 70, Building Construction.
[c]
The exterior covering material of the mobile home shall extend to the ground, except that when a solid concrete or masonry perimeter foundation is used, the exterior material need not extend below the top of the foundation.
[d]
All mobile home tow bars, wheels and axles shall be removed when the dwelling is installed on a residential lot.
(b)
Two-family dwelling.
[1]
Twin: A building containing two dwelling units, each of which is totally separated from the other by a solid wall extending from ground to roof. Dwellings having a party wall in common must be erected at the same time. Each twin dwelling unit shall be placed on a separate lot.
[2]
Duplex: A building containing two dwelling units, each of which is totally separated from the other by a solid ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell.
[3]
Table of Dimensional Requirements.
[Amended 11-7-2022 by Ord. No. 1051]
| Number of Bedrooms | Minimum Lot Area (square feet) | Average Lot Area per Dwelling Unit (square feet) | Minimum Lot Width at Building Setback (feet) |
|---|---|---|---|
| 2 | 3,600 | 4,000 | 40 |
| 3 | 4,000 | 4,500 | 40 |
| 4 | 4,200 | 4,700 | 45 |
| 5 | 4,500 | 5,000 | 45 |
(c)
Multiplex.
[1]
The multiplex is an attached dwelling which does not fall under the definition of a townhouse. In general, all units have independent outside access, but this is not necessary. Units may be arranged in a variety of configurations: side by side, back to back or vertically. The essential feature is the small number of units attached. No more than five units shall be attached in any group, and groups shall average four units per structure.
[2]
Table of Dimensional Requirements.
[Amended 11-7-2022 by Ord. No. 1051]
| Type of Dwelling | Minimum Lot Area per Dwelling Unit (square feet) | Average Lot Area per Dwelling Unit (square feet) |
|---|---|---|
| Efficiency | 800 | 1,000 |
| 1-bedroom | 1,500 | 1,700 |
| 2-bedroom | 2,200 | 2,400 |
| 3-bedroom | 2,500 | 2,800 |
| 4-bedroom | 2,700 | 3,000 |
(d)
Townhouse.
[1]
The townhouse is a single-family attached dwelling unit, with one dwelling unit from ground to roof, having an individual outside access. A row of townhouses shall contain a minimum of three units and a maximum of seven units, not to exceed an average of five dwelling units.
[2]
Table of Dimensional Requirements.
[Amended 11-7-2022 by Ord. No. 1051]
| Number of Bedrooms | Minimum Lot Area (square feet) | Average Lot Area per Dwelling Unit (square feet) | Minimum Lot Width (feet) |
|---|---|---|---|
| 1 | 1,500 | 1,600 | 18 |
| 2 | 1,700 | 1,800 | 18 |
| 3 | 1,800 | 1,900 | 20 |
| 4 | 1,900 | 2,000 | 22 |
| 5 | 2,200 | 2,400 | 24 |
(e)
Garden apartments.
[1]
Garden apartments are multifamily dwelling units, where individual dwelling units share a common outside access. They share with other units a common yard area, which is the sum of the required lot area of all dwelling units within the building. Garden apartments shall contain six or more dwellings in a single structure.
[2]
Table of Dimensional Requirements.
[Amended 11-7-2022 by Ord. No. 1051]
| Type of Dwelling | Lot Area per Dwelling Unit (square feet) |
|---|---|
| Efficiency | 1,300 |
| 1-bedroom | 1,750 |
| 2-bedroom | 2,000 |
| 3-bedroom | 2,500 |
| 4-bedroom | 2,550 |
(9)
Mobile Home Park: A parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.
(a)
Table of Dimensional Requirements.
| Minimum Lot Area (square feet) | Minimum Lot Width at Building Setback (feet) | Maximum Lot Coverage | Minimum Front Yard (feet) | Minimum Side Yard (feet) | Minimum Rear Yard (feet) | Minimum Distance Between Units (feet) | |
|---|---|---|---|---|---|---|---|
| Single-wide units to 61 feet | 4,500 | 45 | 25% | 25 | 5 | 20 | 30 |
| Single-wide units 61 feet or longer | 5,250 | 45 | 25% | 25 | 5 | 20 | 30 |
| Double-wide units | 7,000 | 60 | 25% | 25 | 5 | 20 | 30 |
(c)
The following conditions shall apply to all mobile homes:
[1]
No more than one mobile home shall be placed on a mobile home lot, and such mobile home shall be occupied by not more than a single family.
[2]
Each mobile home shall be placed on a permanent foundation that meets all applicable requirements of the Borough's Building Code, Chapter 70, Building Construction.
[3]
The exterior covering material of the mobile home shall extend to the ground, except that when a solid concrete or masonry perimeter foundation is used, the exterior material need not extend below the top of the foundation.
[4]
All mobile home tow bars, wheels and axles shall be removed when the dwelling is installed on a residential lot.
(d)
Every mobile home shall have access to an improved street in the mobile home park in accordance with Chapter 164, Subdivision and Land Development.
(e)
The minimum number of lots completed and ready for occupancy before the first occupancy is permitted shall be nine.
(f)
No lot shall be rented for residential use of a mobile home in any such park except for periods of 90 days or more.
(g)
Each lot conforming to the minimum standards must be designated on the plan whether the lot is to be leased or sold in fee simple.
(h)
Plans for any mobile home park shall be submitted in conformance with Chapter 164, Subdivision and Land Development.
(j)
All parking spaces and driveways shall be at least five feet from any side or rear mobile home lot line.
[Amended 11-7-2022 by Ord. No. 1051]
(10)
Housing for elderly: Consisting of a building or group of buildings designed and used for federally assisted or state assisted housing or sponsored by a nonprofit organization for persons aged 62 or older or for other subsidized housing. Where permitted as a conditional use, a housing-for-elderly project shall meet the following conditions and standards:
(a)
Site or lot:
[1]
Area shall be no less than five acres, excluding any floodplain lands and public street rights-of-way.
[2]
Adjacent to collector or primary street.
[3]
Gradient of buildable area of site shall not exceed 8%.
[4]
Not physically separated from social/commercial community by such barriers as unbridged streams, railroads or expanses of undeveloped industrial land.
[5]
(Reserved)
[6]
Located within a fifteen-minute drive of a hospital or other major medical facility.
[7]
Access streets to or through the site shall conform to the general plan of streets in the neighborhood.
(b)
Dimensional requirements:
[1]
Density shall not exceed 16 dwelling units per acre, nor shall any site contain more than 150 dwelling units.
[2]
Off-street parking shall be provided at a rate required per § 186-61C. Where supporting facilities are incorporated into the project, additional off-street parking shall be provided as may be determined in the review of conditions.
[Amended 11-7-2022 by Ord. No. 1051]
[3]
Minimum yards shall be: front, 30 feet; rear, 30 feet; and side, 15 feet.
[4]
A buffer planted with appropriate screening shall be required between any parking lot area and an adjoining residential district.
[5]
Maximum building height shall be 40 feet.
[6]
Impervious surface shall not exceed 60% of the gross site area.
(c)
Required improvements:
[1]
Public water supply, public sanitary sewage and stormwater drainage.
[2]
Concrete curb along all streets, drives and parking areas.
[3]
Streets, drives and parking areas to be constructed in conformance with established Borough standards.
[4]
Paved pedestrian ways connecting all buildings and facilities and connection with sidewalks or walkways to all adjacent developed areas. The grade of any walkway within the site shall not exceed 5%.
[5]
Appropriate lighting for streets, drives, parking areas and walkways.
(d)
Supporting uses, such as dining facilities, recreational facilities, retail sales, medical services and other service facilities may be permitted, but only where it can be demonstrated that such uses can be supported primarily by the elderly housing population within the project.
(11)
Rooming house: A building having sleeping accommodation and no cooking facilities. Individuals to whom the units are rented must be living independently, needing no assistance such as physical or custodial care. Such use may include dormitories, fraternity or sorority houses, or other buildings of charitable, educational, or philanthropic use.
(a)
The lot shall have a minimum area of 5,000 square feet, plus 300 square feet for each sleeping room in excess of four.
(b)
The required yard, lot width and height requirements for a single-family detached dwelling shall be met.
(c)
The location of the use with respect to less intensive dwelling use shall be such as to not be disturbing to such uses.
(12)
Rowhome: A group of attached residential dwelling units located on individual lots, separated by vertical fire walls, in which each dwelling unit has its own front and rear yards, and has appropriated to it the entire building between the fire walls. Such use shall be characterized by the vernacular architecture of the Borough.
[Added 7-19-2021 by Ord. No. 1036]
(a)
The following requirements shall only occur within the boundaries of the Residential Infill Overlay District and shall only be applicable to rowhome residences. The Residential Infill Overlay District includes portions of the following other districts: R-2, R-3, C-2, and I-2.
[1]
Table of Dimensional Requirements.
[a]
Minimum lot area per dwelling unit: 1,800 square feet.
[b]
Minimum lot width: 20 feet.
[c]
Front yard setback: minimum 10 feet; maximum 15 feet.
[d]
Minimum side yard setback: zero feet except for end units which require an eight-foot side yard (each) setback.
[e]
Minimum rear yard setback: 25 feet.
[f]
Maximum building height: 40 feet.
[g]
Maximum accessory building height: 15 feet.
[2]
Design standards. Property that is eligible for residential infill development pursuant to this subsection shall adhere to the following design requirements. While creativity and variation in architectural design is encouraged, the purpose of these requirements is to ensure compatibility of infill development with the character of nearby existing residential structures.
[a]
Roofs.
[i]
Roofs on proposed infill residential structures shall be similar in slope, material, and style to existing development and shall incorporate any or all of the following features, insofar as such features are compatible with existing development on the block face:
[ii]
Unless it is the predominant existing style on the block face, flat, unadorned roofs shall not be allowed.
[b]
Horizontal facades longer than 25 feet shall be treated to reduce building mass and visual bulk using at least one of the following techniques. The applicant shall demonstrate that the selected techniques are either currently present on the block face or are not substantially incompatible with existing development.
[c]
Side facades should maintain the architectural design, articulation, level of detail, and materials consistent with the front facade.
[d]
Building materials shall be similar to materials of the surrounding neighborhood or use other characteristics such as scale, form, architectural detailing, etc., to establish compatibility. The following materials shall be used to clad the entire front facade: brick, stone. The following materials are not permitted to be used to clad the front or side facades: vinyl siding, stucco, aluminum siding, metal, or concrete.
[e]
Homes shall include front porches spanning the entire length of the front facade of the building, elevated above the street a minimum of three feet for privacy, and be at least six feet deep.
[f]
Residential accessory structures such as decks, fences and sheds shall be permitted to be built up to the property line within the side and rear yards.
[g]
Parking. Parking must be well defined, located behind the building, and accessed off a side street or rear alley. Parking is not permitted in front of the building.
[ii]
A maximum of one of the required off-street parking spaces is permitted in a garage. The purpose is to provide adequate off-street parking so as to alleviate the congestion on residential streets.
[iii]
If one of the required off-street parking spaces is provided in a garage, the garage shall be permanently maintained as parking. The record owner of the properly shall record a deed restriction limiting the use of the garage for the storage of one vehicle to meet the off-street parking requirements.
[h]
Garages.
[i]
Homes shall be designed with rear-facing garages which shall have gabled roofs.
[ii]
One garage structure shall be designed to be shared by two neighboring homes where possible.
[iii]
A detached garage shall be required to have a minimum setback of five feet and a maximum setback of 20 feet from the edge of pavement of the alley/accessway.
[i]
Waste collection.
[i]
Individual trash storage. All outdoor refuse storage areas on private property must be screened from the view of adjacent properties and public rights-of-way, and no rubbish containers shall be exposed at the fronts of buildings. Screening may consist of a masonry wall or fence, or combination not less than five feet in height. Enclosures may be located within a building's facade provided that the area is architecturally integrated with the building design. Trash storage areas must be maintained in a neat and clean manner at all times.
[ii]
Community trash collection areas. If trash pickup will not be provided to each individual lot, community areas for trash and recycling toters shall be provided for the collection of all refuse except bulky rubbish, or bulky demolition or bulky construction waste, and such community areas shall be maintained in good repair at all times. The proposed method of trash/recycling pickup and location of community trash collection areas (if required) shall be shown on development plans and reviewed by the Borough during the land development stage.
[j]
Cluster mailboxes. Cluster mailbox stations and associated improvements that provide for access to the cluster mailbox stations shall be located within a common area or an access easement. The proposed location of cluster mailbox stations and associated improvements that provide for access shall be shown on development plans. Cluster mailboxes shall comply with the following standards:
[i]
Cluster mailbox stations shall be prohibited within the public right-of-way.
[ii]
Cluster mailbox stations, and any associated structures, shall not adversely impact sight distance to any driveway or road intersection.
[iii]
Cluster mailbox stations shall be located in areas without creating pedestrian or vehicle safety issues.
[iv]
All access to cluster mailbox stations shall comply with current Americans with Disabilities Act.
[v]
Adequate lighting shall be provided at all mailbox stations.
[vi]
The applicant shall be required to submit architectural renderings/drawings of the proposed cluster mailbox station for review by the Borough at the development stage.
[3]
Plan review. Each application shall be accompanied by a detailed site plan, schematic building elevations, context photos of the site and adjacent properties, and other supporting information indicating the following:
[a]
Architectural relationships to surrounding buildings, including building siting, massing, proportion, scale, color, fenestration, and facade articulation.
[b]
Proposed building materials.
[c]
The location of all present and proposed buildings, drives, parking lots, waste disposal facilities and other constructional features on the lot and all buildings, streets, alleys, highways, streams, and other topographical features of the lot and within 200 feet of any lot line.
C.
Institutional, religious, educational, recreational uses.
(1)
Cemetery: A burial place or graveyard, including a mausoleum, columbarium and crematorium, subject to the following conditions:
(a)
Minimum lot area: two acres.
(c)
Maximum height of any structure: 15 feet.
(d)
No more than 10% of the lot area, to a maximum of five acres, shall be devoted to above-ground buildings not serving as burial markers or memorials, such as business and administrative offices, chapels, maintenance facilities and the like. This restriction includes parking facilities.
(2)
Community center: A community center is an educational, social or recreational center operated by an educational, philanthropic, or religious institution, which is not a use which is customarily carried on as a business and which does not include residential facilities for chronically ill or other persons who need institutional care due to illness, disability, or who are part of a criminal justice program.
(3)
Community garage or parking area (for residential use): A garage or parking area for noncommercial vehicles for residents of the neighborhood.
(a)
The lot shall have an area of not less than 350 square feet for each vehicle stored.
(b)
The required yard, lot width and height requirements for a single-family dwelling shall be met.
(c)
The use shall be necessary in the particular neighborhood to facilitate the provision of automobile parking space as required by this chapter.
(d)
Reasonable safety provisions shall be established.
(4)
Community garage or parking area (for nonresidential use): A community garage or major garage or community parking area.
(5)
Day-care center: A facility in which out-of-home day care is provided to more than six children, disabled persons and/or elderly. This use also may include nursery school.
(a)
An outdoor recreation area shall be provided with a minimum area of 200 square feet for each child and 100 square feet for each disabled or elderly person. This outdoor recreation area shall be located to the side or the rear of the lot and shall not include any parking areas. The outdoor recreation area shall be fully enclosed by a four-foot-high fence and shall be sufficiently screened and insulated so as to protect the neighborhood from inappropriate noise and other disturbances.
(b)
Sufficient facilities for passenger loading and unloading shall be provided.
(c)
This use may be permitted as accessory to a permitted nonresidential use.
(d)
The facility shall be licensed by and designed to meet all applicable design, site, and area standards of the Pennsylvania Department of Public Welfare, Day Care Division.
(6)
(7)
Hospital: A licensed hospital or medical center which has a full-time staff and provides primarily in-patient care.
(a)
A lot area of not less than five acres shall be required.
(b)
Any such establishment providing convalescent care or care for the chronically sick shall provide an additional lot area of not less than 1,000 square feet per bed in use for such long-term care.
(c)
The use shall have direct access to an arterial or a collector highway.
(8)
Library on Borough-owned land: A library situated on land owned by the Borough which is open to the public and not conducted as a private gainful business.
(a)
Where permitted as a conditional use, a library situate on Borough-owned land shall meet the following conditions and standards:
[1]
Site. Notwithstanding any definition to the contrary as set forth herein, for the purposes of this section, the term "site" shall refer to the specific location of the library on Borough-owned land, and such location shall not necessarily be described in metes and bounds.
[2]
Dimensional requirements shall be as follows:
[b]
Minimum yards: front, 20 feet; rear, 10 feet; and side, 15 feet. In the event that it can be demonstrated that the site cannot provide the aforesaid yards, a reduction may be permitted where those trees required to be planted in a Class C buffer are planted at the required distances as set forth for a Class C buffer yard. For the purposes of this section, the buffer plantings may be planted within the ultimate right-of-way.
[c]
Maximum building height: 25 feet.
(b)
The Borough may enter into a long-term lease of the site with another governmental agency or a not-for-profit corporation without the necessity of proceeding through subdivision procedures, as may be required by Chapter 164, Subdivision and Land Development, of the Code of the Borough of Perkasie.
(c)
If, at any time after a conditional use is granted under the terms hereof, the Borough decides to convey title of the site to another party, the site shall be subdivided from the Borough's lands under and subject to the provisions of this chapter and Chapter 164, Subdivision and Land Development, and such other statutes, ordinances and regulations in effect at the time the conditional use was granted.
(9)
Library or museum, public: Library or museum open to the public or connected with a permitted educational use and not conducted as a private gainful business.
(10)
Nursing home: A care facility licensed and approved by the Commonwealth of Pennsylvania to provide personal care, intermediate care, or full-time convalescent or chronic care to individuals who, by reason of chronic illness or infirmity, require such care. Nursing homes must be licensed by the Pennsylvania Department of Health; facilities providing personal care boarding must be licensed by the Pennsylvania Department of Welfare.
(12)
Recreational facility, governmental: Recreational facility owned or operated by the Borough or other government.
(13)
Recreational facility, nongovernmental: Recreational facility owned or operated by a nongovernmental agency.
(a)
The use shall not be conducted as a private gainful business.
(b)
A lot area of not less than three acres shall be required.
(c)
No building shall be located within 100 feet of any lot line.
(d)
Outdoor play area shall be sufficiently screened and sound insulated so as to protect the neighborhood from inappropriate noise and other disturbances.
(14)
Religious place of worship: Any structure or structures used for worship or religious instruction, including social and administrative rooms accessory thereto, but not including any commercial activity except for place of worship-sponsored functions.
(15)
School, public or private: A private school, religious or nonreligious, or a public school which is not conducted as a private, gainful business, and is licensed under the proper governmental authority to provide education for kindergarten through grade 12.
(a)
The minimum lot area for elementary schools, junior high schools, middle schools, or high schools shall meet the guidelines of the Pennsylvania State Board of Education.
(16)
School, trade or commercial: Trade or commercial school providing instruction in a trade, in the arts or other activities. This does not include a public or private school as defined by this chapter or a day care center.
D.
Office uses.
(1)
Office, business or professional: Offices for business or professional use, including offices providing legal, engineering, design, insurance, brokerage, or other similar services, and which do not include retail activities and which are distinct from home offices. No accessory outside storage is permitted and all activities must take place within an enclosed building.
(2)
Office or clinic, medical: Office or clinic for medical or dental examination or treatment of persons as outpatients, including laboratories incidental thereto.
(3)
Veterinary office: A place where animals are given medical or surgical treatment.
E.
Retail and consumer service uses.
(1)
Bank or savings and loan association: A bank, savings and loan association, credit union, or other financial institution. If a drive-through window is permitted in the zoning district, the drive-through requirements of § 186-18H(3) shall be met.
(2)
Bed-and-breakfast: The use of a detached dwelling for the accommodation of overnight guests for a fee.
(a)
The prescribed area, yard setbacks, lot width, and height requirements for a single-family detached dwelling shall be met.
(b)
Number of guest rooms: maximum number, five; minimum number, two.
(c)
There shall be one full bathroom for every two guest rooms.
(d)
There shall be only one central common kitchen and eating area if eating facilities are provided, and guest rooms shall not have separate cooking or eating facilities. The serving of meals shall be limited to breakfast and afternoon tea to overnight guests.
(e)
The premises shall be managed by a person or persons who shall be permanent full-time residents within the structure housing the bedrooms for guests. The manager's quarters shall have full bathroom facilities and may have kitchen facilities, in addition to and separate and apart from those servicing the guests.
(f)
The use of amenities provided by the bed-and-breakfast, such as swimming pools or tennis courts, shall be restricted in use to the guests of the establishment.
(3)
Eating place (without drive-through service except in C-1 District by conditional use) — An establishment for the sale and consumption of food and beverages with service at table or counter facilities only (drive-through permitted in C-1 District by conditional use only).
(a)
All trash disposal areas shall be enclosed so as not to be visible from nearby residences and shall be closed to control odors.
(b)
Eating places for the sale and consumption of food and beverages where a drive-through window is proposed may be permitted only by conditional use under the provisions of § 186-128, Conditional use administration. Eating places and facilities with drive-through service shall satisfy the criteria of § 186-18H(3).
(4)
Entertainment, adult uses: This is limited to the following: adult arcade, adult bookstore, or adult novelty store, adult movie theater, massage parlor or adult live entertainment use.
(a)
No more than one adult use shall be located on a zoning lot.
(b)
No such use shall be located within 1,500 linear feet of any other existing or approved "adult use."
(c)
A thirty-foot buffer yard shall be provided along the side and rear lot lines but with plantings of an initial minimum height of six feet, planted 10 feet on center maximum.
(d)
No pornographic materials, displays or words shall be placed in view of persons who are not inside of the establishment. No portion of any sign may be flashing. No sign shall be permitted on the roof of any building nor shall such signs extend above curb level at a height greater than 25 feet.
(e)
Definite precautions shall be made to prevent minors from entering the premises. An owner or operator of an adult use commits a violation of this subsection if the person knowingly allows a person under the age of 18 years on the premises of an adult use. It shall be grounds for an immediate revocation of the use permit for the adult use if the owner is found to have violated this subsection.
(f)
The applicant must prove to the satisfaction of the Zoning Hearing Board that such use would not in any way adversely affect the character of the surrounding area, including property values. In this regard, the Zoning Hearing Board shall prescribe reasonable setbacks of the proposed use from neighboring properties, primary and secondary schools, places of worship, public parks, day-care centers, child nurseries, libraries and existing residential dwellings.
(g)
No such use shall be permitted 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 had continuing knowledge of and allows to occur shall be sufficient reason for the Borough to revoke Borough permits.
(h)
No such use shall be allowed in combination with the sale of alcoholic beverages.
(i)
The use shall not include the sale or display of obscene materials, as defined by state law, as may be amended by applicable court decisions.
(j)
These uses are specifically prohibited in all districts except where specifically permitted by special exception.
(k)
No use may include live actual or simulated sex acts or any sexual contact between entertainers or between entertainers and customers.
(l)
Only lawful massages as defined by state court decisions shall be performed in a massage parlor.
(m)
All persons within any adult use other than a permitted adult live entertainment use shall wear nontransparent garments that cover their genitals and the female areola.
(n)
The applicant shall provide receipts showing that he/she has mailed by certified mail a written notice of the proposed zoning hearing date for a special exception to all property owners of record within 1,000 feet of the subject property at least 10 days prior to the hearing date.
(o)
Adult use owners and managers. The applicant shall submit a written list of all persons having an ownership interest of more than 1% in the business, including shareholders and partners of any corporation. The applicant shall also submit the name of the manager who is responsible to ensure that all Borough and state regulations are enforced on a day-to-day basis. Such information shall include the person's business and home addresses and phone numbers and shall be a matter of public record. Such information shall be kept up-to-date. Failure to keep such information up-to-date shall be a violation of this subsection and be a reason for automatic suspension of Borough permits. Upon satisfactory compliance with this provision, said permit shall be reinstated insofar as it is accomplished within 30 days of revocation.
(p)
Sufficient data shall be provided to the Zoning Hearing Board to determine if the requirements of this subsection relevant to the proposed use will be fulfilled. Said data shall be provided by a certified land surveyor.
(5)
Entertainment and recreation facilities, indoor, nongovernmental: Entertainment and recreation facilities operated as a gainful business within a building.
(6)
Entertainment and recreation facilities, outdoor, nongovernmental: Outdoor entertainment and recreation facilities operated as a gainful business, other than a private club or lodge, and not including an outdoor motion picture establishment.
(7)
Funeral home or mortuary: An establishment for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation.
(a)
The facility must be operated by a licensed funeral director.
(b)
The facility must meet all state licensing requirements.
(c)
There shall be no crematory, receiving vault, preparation room or display of merchandise or advertising visible from outside the main or accessory building.
(d)
Except as part of the funeral or memorial service, there shall be no loading or unloading of merchandise or bodies of deceased persons on public property.
(e)
Provided, further, that the Zoning Hearing Board determines that the scale of business in relationship to the character of the uses around the particular location will be such as to be not detrimental to or alter the character of the neighborhood located in the R-3 and A Districts.
(8)
Kennel: A place where dogs or cats are boarded for a fee. In addition to the principal use as a boarding facility, the kennel may include as accessory uses training, grooming, limited breeding, or dog day care.
(a)
All kennels shall provide the minimum area for kennels required by state regulations.
(b)
All buildings in which animals are housed and all runs shall be located at least 100 feet from all lot lines.
(c)
Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot be perceived at the lot lines.
(d)
Outdoor runs may be provided so long as a visual barrier at least four feet in height is provided between the runs and a planting screen of double evergreen plantings at least six feet in height is provided around the runs. The evergreens shall be selected from the plant materials list in § 186-54. No animal shall be permitted to use the outdoor runs from 8:00 p.m. to 8:00 a.m.
(e)
All areas used for training of animals shall be enclosed by a fence not less than six feet in height. The fence shall be no closer than 12 feet from any property line.
(f)
All kennels shall be licensed under the Dog Law Act of 1982, P.L. 784-255, as amended.
(9)
Mixed use: The conversion, construction, or reconstruction of a building designed to contain a mixture of uses consisting of commercial, office, retail or service businesses, which are permitted, as specified, in combination with a residential use.
[Amended 6-20-2022 by Ord. No. 1045]
(a)
Such use shall be permitted in the C-2 District.
(b)
In a mixed-use building, commercial, office, and/or residential uses shall be permitted in a building on one lot. Permitted commercial and office uses shall be limited to the following:
| C(4) | Community garage or parking area (for nonresidential use) |
| C(5) | Day-care center |
| C(9) | Library or museum, public |
| C(11) | Private club or lodge |
| C(16) | School, trade or commercial |
| D(1) | Office, business or professional |
| D(2) | Office or clinic, medical |
| E(1) | Bank or savings and loan association |
| E(3) | Eating place (without drive-through service) |
| E(5) | Entertainment and recreation facilities, indoor, nongovernmental |
| E(16) | Retail shop |
| E(17) | Service business |
| E(18) | Tavern |
| E(19) | Brewery (not in excess of 12,500 square feet) |
| E(20) | Microbrewery, microwinery, microdistillery (not in excess of 12,500 square feet) |
| E(21) | Brewpub (not in excess of 12,500 square feet) |
| E(22) | Taproom (not in excess of 12,500 square feet) |
(c)
Residential uses shall be on the second and third floors of a mixed-use building. Nonresidential uses shall be on the first and second floors only.
(d)
Residential uses shall occupy at least 50% of the combined area of the upper floors of mixed-use buildings.
(e)
All entrances on the front or sides of the building which face the street shall be for the commercial, retail, office or service uses on the first floor or below. Residential entrances may share these entrances but shall not be in addition to them on the front or street-facing sides. Additional entrances may be placed on the side or the rear of the building, so long as such entrances do not face the street. Exterior stairways and/or fire escapes shall be located on the rear wall in preference to either side wall and in no case on a front wall or a side wall facing a street.
(f)
In the event of a conversion of an existing building, there shall be no major structural change in the exterior of the building, except as may be necessary for purposes of safety or ADA accessibility. After conversion, the building shall retain substantially the same structural appearance it had before such conversion.
(g)
All permitted uses associated with a mixed use shall be conducted within a completely enclosed building unless expressly authorized. This requirement does not apply to required parking or loading areas, automated teller machines or outdoor seating.
(h)
Off-street parking lots with three or more spaces shall be buffered from abutting residences. Hedge material, as approved by the approving body should be placed on three-foot centers. Alternately, a four- to five-foot-high fence may be erected which provides a visual screen.
[Amended 11-7-2022 by Ord. No. 1051]
(10)
Motel or hotel: A building or group of buildings for the accommodation of transient guests, chiefly motorists, containing guest rooms for rent. This use does not include other residential uses specifically provided for in this chapter nor does it include residential facilities for chronically ill or other persons who need institutional care due to illness, disability, or who are part of a criminal justice program.
(a)
There is a minimum lot area of two acres.
(b)
The total floor area of principal and accessory buildings shall not exceed 15% of the lot area.
(c)
No structure, except a permitted sign, shall be nearer any lot line than 100 feet.
(d)
A minimum ten-foot buffer strip along side, front and rear property lines shall be provided, except for entrance and exit drives. The buffer strip shall comprise evergreen trees and foliage and other appropriate ground cover. The entrance and exit drives crossing the street right-of-way shall be limited to two along the frontage of any street.
(e)
All lighting shall be shielded so as not to shine on abutting properties.
(f)
Eating places, and conference and meeting rooms, shall be permitted only as accessory uses to a motel or hotel.
(12)
Motor vehicle gasoline station: A facility whose function is the sale of gasoline and fuels for motor vehicles. Minor automotive accessories and food and beverage items also may be sold, subject to the limitations of this chapter. Routine automobile maintenance and inspections may be performed and may include lubricating, repairing, or otherwise servicing motor vehicles but shall not include painting, body and fender repairs, or vehicular sales. This use is distinguished from and does not include motor vehicle accessories sales where automobile parts and accessories are sold and installed within the facility but where there are no fuel sales. Any facility that provides for gasoline or fuel sales directly to retail customers shall be considered to be a motor vehicle gasoline station and shall meet the requirements of this use and shall only be permitted in the zoning districts where this use is permitted.
(13)
Motor vehicle repair garage: Repair garage, including paint spraying and body and fender work or car-washing facility, provided that all repair and paint work is performed within an enclosed building.
(a)
All automobile parts, refuse, and similar articles shall be stored within a building or enclosed area screened from view from the street or surrounding properties in accordance with the buffer requirements of § 186-54.
(b)
No vehicle shall be stored in the open awaiting repairs for a period exceeding five consecutive days. All vehicle storage areas shall be screened from all adjacent roads and properties by a solid fence or compact hedge at least eight feet in height.
(c)
Vehicles used for parts or unregistered vehicles may not be stored in the open at any time.
(14)
Motor vehicle sales or rental: Sales or rental of automobiles, including incidental and minor service and repair.
(15)
Planned commercial development: A group of retail, service business, office and related establishments which is planned, constructed and managed as a total entity, where parking spaces, stormwater management facilities, access drives and circulation, lighting systems and other improvements are shared by three or more uses on one lot.
(a)
Retail shops and stores selling apparel, motor vehicle accessories [subject to § 186-18E(11)], books, beverages, cards, confections, drugs, dry goods, flowers, foodstuffs, floor coverings, furniture, garden supplies, gifts, hardware, toys, household appliances, jewelry, tobacco, video, musical instruments, medical equipment and supplies, paint, periodicals, pets, printing, novelties, hobbies, art supplies, music, luggage, sporting goods, fabrics, shoes, stationery, building supplies, home improvement supplies, computer hardware, computer software, eyewear, office supplies, packaging supplies, electronic equipment, antiques, collectibles, cosmetics, photographic equipment and processing, bicycles, house equipment and supplies, provided that all products produced on the premises are sold on the premises at retail.
(b)
Repair shops for such items as appliances, motor vehicles (excluding heavy body work, frame straightening and auto salvage), lawnmowers, guns, locks, small business machines, shoes, bicycles and watches.
(c)
Service businesses including barber, beautification, laundry and dry cleaning, shoe repair, motor vehicle service center (excluding sale of gasoline and excluding heavy body work, frame straightening, and auto salvage), tailor, photographer, caterer, financial institution, health club, dress maker, travel agency and offices.
(d)
Eating places for the sale and consumption of food and beverages, including those where a drive-through window is proposed, may be permitted only by conditional use under the provisions of § 186-128, Conditional use. Eating facilities with drive-through service shall satisfy the criteria of § 186-18H(3), Drive-through.
(e)
Community center, adult education center or other similar facility.
(f)
Day-care center, nursery school, kindergarten or other facility providing day care to children or adults.
(g)
A planned commercial development must consist of at least three separate uses on a single lot whether in one building or a group of buildings; provided, however, that in the C-1 Zoning District, a separate use otherwise permitted in a planned commercial development shall be permitted on a single lot, provided that the said lot shares driveway access and/or parking with a property that has at least three separate uses located thereon, and provided further that said use shall be limited to retail shops and stores as defined in § 186-18E(16).
(h)
The development shall provide service and parking areas, circulation and open spaces planned and designated as an integral unit in such a manner as to constitute a safe, efficient and convenient shopping development.
(i)
Provisions shall be made for safe and efficient ingress and egress from and to public streets and highways. Vehicular access to and from public streets shall be not less than 100 feet from the intersection of any public street lines with each other.
(16)
Retail Shop: An establishment engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. "Retail shop" includes stores selling apparel, books, beverages, confections, drugs, dry goods, flowers, foodstuffs, furniture, gifts, hardware, toys, household appliances, jewelry, tobacco, paint, records, cards, novelties, hobbies, art supplies, music, luggage, sporting goods and fabrics, provided that all products produced on the premises are sold on the premises at retail. A repair shop for such items as appliances, watches and bicycles is included.
(a)
If a drive-through window is permitted in the zoning district, the drive-through requirements of § 186-18H(3) shall be met.
(17)
Service business: A service business includes barber, beautician, laundry and dry cleaning, shoe repair, tailor, photographer, caterer, loan office, health club, dressmaker and travel agency.
(a)
If a drive-through window is permitted in the zoning district, the drive-through requirements of § 186-18H(3) shall be met.
(18)
Tavern: An establishment which serves alcoholic beverages primarily for on-premises consumption and which is licensed by the Pennsylvania Liquor Control Board. The sale of food shall be incidental to the primary use.
(19)
Brewery: A facility in which beer, wine, or other alcoholic beverages are brewed, fermented, or distilled for distribution and consumption, and which possesses the appropriate license from the Pennsylvania Liquor Control Board. On-site consumption may occur in a tap room or in a permitted outdoor dining area.
[Added 11-7-2016 by Ord. No. 998; amended 4-6-2020 by Ord. No. 1028]
(a)
Outdoor collection stations shall be provided for trash and recycling removal. These stations shall be located to the rear of the building and shall be screened and landscaped.
(20)
Microbrewery, microwinery, microdistillery: A facility in which beer, wine, or other alcoholic beverages are brewed, fermented, or distilled for distribution and consumption, and which possesses the appropriate license from the Pennsylvania Liquor Control Board and produces less than 15,000 barrels per year (a barrel is approximately 31 gallons). On-site consumption may occur in a tap room or in a permitted outdoor dining area.
[Added 11-7-2016 by Ord. No. 998; amended 4-6-2020 by Ord. No. 1028]
(a)
Outdoor collection stations shall be provided for trash and recycling removal. These stations shall be located to the rear of the building and shall be screened and landscaped.
(21)
Brewpub: An eating place (without drive-through service) in conjunction with a facility in which beer, wine, or other alcoholic beverages are brewed, fermented, or distilled for distribution and consumption, and which possesses the appropriate license from the Pennsylvania Liquor Control Board.
[Added 11-7-2016 by Ord. No. 998; amended 4-6-2020 by Ord. No. 1028]
(a)
Outdoor collection stations shall be provided for trash and recycling removal. These stations shall be located to the rear of the building and shall be screened and landscaped.
(22)
Taproom: A room that is ancillary to the production of beer, wine or other alcoholic beverages at a brewery, microbrewery or brewpub where the public can purchase and/or consume beer, wine or other alcoholic beverages in accordance with the license issued by the Pennsylvania Liquor Control Board.
[Added 11-7-2016 by Ord. No. 998; amended 4-6-2020 by Ord. No. 1028]
(a)
Outdoor collection stations shall be provided for trash and recycling removal. These stations shall be located to the rear of the building and shall be screened and landscaped.
F.
Utility and public service uses.
(1)
Emergency services: Fire station, police facilities, ambulance, or rescue squad station for emergency services.
(2)
Utility: A transformer station, electrical substation, automatic telephone exchange, pumping station, wastewater treatment facility, or other operation station or facility necessary to provide electrical, telephone, water supply, or wastewater conveyance or treatment services.
(a)
In residence districts the facility shall be essential to service such residential areas, no public business office nor any storage yard or storage building shall be operated in connection with the use, and a fifty-foot buffer yard shall be provided along all property lines.
(b)
This use does not include broadcast towers, relay towers, or cellular telecommunications facilities including towers, antenna, or equipment building, or any other structure which exceeds 35 feet in height.
(3)
Railway or bus station: A building used by bus and/or railroad passengers for transportation-related services.
(4)
Telecommunications: A structure or structures, including a tower, antenna or associated buildings, for cellular and personal wireless communications used to transmit or receive cellular and personal wireless telecommunications signals.
(a)
General. The following general provisions apply to all cellular telecommunications facilities. The general standards are in addition to the provisions for the particular applications specified below.
[1]
The location of the tower and equipment building shall comply with all natural resource protection standards of this chapter.
[2]
The following buffer plantings shall be located around the perimeter of the security fence:
[a]
An evergreen screen shall be planted that consists of either a hedge, planted three feet on center maximum, or a row of evergreen trees planted 10 feet on center maximum. All plantings shall be at least six feet in height.
[b]
Existing vegetation (trees and shrubs) shall be preserved to the maximum extent possible.
[3]
An eight-foot-high security fence shall completely surround the tower (and guy wires if used) and equipment building.
[4]
The tower shall be designed and constructed to all applicable standards of the American National Standards Institute, ANSI/EIA-222-E Manual, as amended.
[5]
A soil report complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA 222-E, as amended, shall be submitted to the municipality to document and verify the design specifications of the foundation for the tower and anchors for the guy wires if used.
[6]
Towers and antennas shall be designed to withstand wind gusts of at least 100 miles per hour.
[7]
An antenna may not be located on a building or structure that is listed on an historic register.
(b)
Permitted districts; design requirements.
[1]
A cellular telecommunications facility is permitted by special exception in the following zoning districts: I-1 and I-2, subject to the following conditions.
[a]
Sole use on a lot. A cellular telecommunications facility is permitted as a sole use on a lot subject to the following:
[i]
Minimum lot size: 20,000 square feet.
[ii]
Minimum setback requirements. The distance from the base of the proposed tower to the nearest point on the lot line shall not be less than the full height of the tower. The equipment building shall comply with the minimum setback requirements for the district in which the building is located.
[b]
Combined with another use. A cellular telecommunications facility is permitted on a property with an existing or proposed use, subject to the following:
[i]
The existing or proposed use on the property may be any permitted use in the district or any lawful nonconforming use, and need not be affiliated with the cellular telecommunications provider.
[ii]
The cellular telecommunications facility shall be fully automated and unattended on a daily basis, and shall be visited only for periodic maintenance.
[iii]
Minimum lot area. The minimum lot area shall be the area needed to accommodate the tower (guy wires if used), the equipment building, security fence and buffer planting. If the title to the land on which the cellular telecommunications facility is located is conveyed to the owner of the facility, the land remaining with the principal lot shall continue to comply with the minimum lot area for the district.
[iv]
Minimum setbacks. The telecommunications equipment building shall comply with the minimum setback requirements for the host lot. The distance from the base of the proposed tower to the nearest point of the lot line shall not be less than the full height of the tower.
[c]
Combined with an existing structure. Where possible an antenna for a cellular telecommunications facility shall be attached to an existing structure or building subject to the following conditions.
[i]
Maximum height: 50 feet above the existing building or structure.
[ii]
Minimum setbacks. The distance from the base of the proposed tower to the nearest point on the lot line shall not be less any the full height of the tower.
[iii]
If the applicant proposed to locate the telecommunications equipment in a separate building, the building shall comply with the following:
[A]
The building shall comply with the minimum setback requirements for the subject zoning district.
[B]
An eight-foot-high security fence shall surround the building.
[C]
A buffer yard shall be planted in accordance with § 186-18F(4)(a)[2].
[D]
Vehicular access to the building shall not interfere with the parking or vehicular circulation on the site for the principal use.
[iv]
Elevations of existing and proposed structures showing width, depth and height, use statistical data on the antenna and support structure shall be presented.
(c)
Criteria for special exception. The Zoning Hearing Board shall have the power to approve special exceptions for a cellular telecommunications facility, provided that the applicant satisfies the requirements of this article, § 186-102, and the following:
[1]
The applicant shall demonstrate that the tower for the telecommunications facility is the minimum height necessary for the service area. The applicant shall also demonstrate that the facility must be located where it is to serve the company's system.
[2]
The applicant shall present certifications from a structural engineer that the tower is designed in accordance with the standards cited in this chapter for cellular telecommunications towers.
[3]
The applicant shall demonstrate that the proposed tower complies with all state and federal laws and regulations, including, without limitation, all emission standards of the Federal Communications Commission, effective September 1, 1997, or as amended from time to time. The applicant shall also demonstrate that it is licensed by the Federal Communications Commission to operate the facility.
[4]
The need for additional buffer yard treatment shall be evaluated.
[5]
The applicant shall demonstrate that the telecommunications facility must be located where it is proposed in order to serve the applicant's service area.
[6]
Where the telecommunications facility is located on a property with another principal use, the applicant shall present documentation that the owner of the property has granted an easement or lease for the proposed facility and that vehicular access is provided to the facility.
[7]
The applicant shall demonstrate that the proposed antenna and any tower structure are safe and that the surrounding areas will not be negatively affected by tower structure failure, falling ice or other debris or radio frequency interference. All guy wires and guyed towers shall be clearly marked so as to be visible at all times.
[8]
All towers shall be fitted with anticlimbing devices.
[9]
No sign shall be mounted on the tower structure.
[10]
Tower structures supporting antennas shall be painted silver or have a galvanized finish or may be painted green up to the height of adjacent trees in order to reduce visual impact.
[11]
No antenna or tower structure shall be illuminated except as required by the Federal Aviation Administration or the Federal Communications Commission.
[12]
Any addition to an antenna or modification of an existing antenna shall require submission of a new application for special exception in accordance with the provisions of this section.
G.
Industrial uses.
(1)
Contractor offices and shops: Contractor offices and shops, such as building, cement, electrical, heating, masonry, painting, roofing, plumbing shop, and carpentry shop.
(2)
Crafts: Upholstery, cabinet making, furniture making and similar crafts.
(a)
Retail sales of items produced on the premises are permitted.
(3)
Lumber yard: Facilities for the storage and sale of wood and building products.
(4)
Manufacturing: Facilities for the production, processing, cleaning, testing and distribution of materials, goods, foodstuffs and products.
(5)
Motor freight terminal: The building plus contiguous space to which freight is brought for transfer, assembly and storage for shipment by truck.
(6)
Printing, publishing and binding: Printing, publishing, lithographing, bookbinding or similar establishment.
(7)
Recycling facility: A recycling facility is a business that accumulates material such as paper, glass, aluminum and/or plastic that is no longer useful for its intended purpose. The materials are then sold to another business as a raw material which can be used to manufacture a new product.
(8)
Research: Scientific or industrial research, testing or experimental laboratory or similar establishment for research or product development. No research facility shall be permitted which constitutes a danger to the community because of combustible, chemical, radioactive, or other hazardous materials.
(9)
Resource recovery facility: A resource recovery facility is a facility or land that is used for any one or a combination of the following: composting, incineration, material separation or trash transfer.
(a) COMPOSTING FACILITY INCINERATOR MATERIAL SEPARATION and/or REFUSE DERIVED FUEL (RDF) FACILITY MUNICIPAL SOLID WASTE TRANSFER STATION
Related definitions. As used in this subsection, the following terms shall have the meanings indicated:
A facility for the composting of the organic matter in municipal solid waste.
A facility designed to reduce municipal solid waste by combustion. This use may or may not include heat exchange equipment for energy recovery.
The extraction of materials from municipal solid waste for recycling or for use as refuse derived fuel (RDF).
The unseparated and/or unprocessed combination of residential and commercial solid waste materials generated in a municipality.
A facility where municipal solid waste is delivered for the purpose of compacting the material into larger vehicles for transport to a final disposal site or processing facility. A "transfer station" may include the separation and collection of material for the purpose of recycling.
(b)
Table of Dimensional Standards.
| Required Yard | |||||
|---|---|---|---|---|---|
| Use | Minimum Lot Area (acres) | Front (feet) | Side (feet) | Rear (feet) | |
| Composting facility | 2 | 100 | 50 | 50 | |
| Municipal solid waste | 2 | 100 | 50 | 50 | |
| Transfer station | 2 | 100 | 50 | 50 | |
| Incinerator | 10 | 200 | 200* | 200* | |
| Material separation and/or refuse derived fuel | 10 | 200 | 200* | 200* | |
| * Setback from residential district or occupied residential dwelling: 300 feet. |
(c)
Truck parking areas shall be a minimum of 50 feet from any property line.
(d)
Operation of a resource recovery facility shall at all times be in full compliance with the statutes of the Commonwealth of Pennsylvania and the rules and regulations of the Department of Environmental Protection (PaDEP) and the provisions of this subsection. In the event that any of the provisions of this subsection are less restrictive than any present or future rules or regulations of PaDEP, the more restrictive PaDEP regulations shall control.
(e)
Access to the site shall be limited to those posted times when an attendant is on duty. In order to protect against indiscriminate and unauthorized dumping, every resource recovery facility shall be protected by locked barricades, fences, gates or other positive means designed to deny access to the area at unauthorized times or locations. Such barricade shall be at least six feet high and shall be kept in good repair and neatly painted in a uniform color.
(f)
Unloading of municipal solid waste shall be continuously supervised by a facility operator.
(g)
Hazardous waste as included on the list of hazardous waste as maintained by the Department of Environmental Protection shall not be disposed of, handled or processed in a resource recovery facility.
(h)
Litter control shall be exercised to confine blowing litter to the work area, and a working plan for cleanup of litter shall be submitted to the municipality. To control blowing paper, there shall be erected a fence having a minimum height of six feet, with openings not more than three inches by three inches along all boundaries. The entire area shall be kept clean and orderly.
(i)
All parts of the process, unloading, handling and storage of municipal solid waste, shall occur within a building. However, certain separated recyclable materials like glass, aluminum and other metals may be stored outdoors.
(j)
The storage of paper shall be within an enclosed structure.
(k)
Any materials stored outdoors shall be properly screened so as not to be visible from any adjacent streets or property.
(l)
No material shall be placed or deposited to a height greater than the height of the fence or wall herein prescribed.
(m)
No municipal solid waste shall be processed or stored at a recycling facility. For all other types of resource recovery facilities, municipal solid waste shall not be stored on the site for more than 72 hours.
(n)
A contingency plan for disposal of municipal solid waste during a plant shutdown must be submitted to the municipality and approved by the governing body.
(o)
Leachate from the municipal solid waste and water used to wash vehicles or any part of the operation shall be disposed of in a manner in compliance with PaDEP regulations. If the leachate is to be discharged to a municipal sewage treatment plant, appropriate permits shall be obtained from the applicable agencies and authorities. In no event shall the leachate be disposed of in a storm sewer, to the ground or in any other manner inconsistent with the Pennsylvania Department of Environmental Protection regulations.
(p)
Waste from the resource recovery facility process, such as but not limited to ash from an incinerator, shall be stored in such a manner as to prevent it from being carried from the site by wind or water. Such process waste shall be located at least 100 feet from any property line and stored in leakproof and vectorproof containers.
[1]
Such process waste shall be disposed of in a sanitary landfill approved by PaDEP or in another manner approved by PaDEP.
(q)
A dense evergreen buffer shall be provided on the outside perimeter of the fenced area. Evergreens shall be four to five feet in height and planted on ten-foot staggered centers. In addition, the buffer requirements of § 186-54 of this chapter shall be met.
(r)
Solid waste landfill operations and open burning of any materials shall specifically be prohibited.
(s)
The performance standards of Article VII of this chapter shall be met regarding noise, smoke, emissions, heat and vibrations.
(t)
A traffic impact study and a water impact study shall be required.
(u)
A zoning permit shall be renewed on an annual basis after inspection for compliance with the above provisions.
(10)
Warehousing and distribution: Facilities operated for a specific commercial establishment or group of establishments for the storage of goods and materials and reshipping of goods and materials.
(a)
Storage of materials shall be screened along all property lines by a planted buffer 12 feet wide, unless a greater buffer is required by § 186-54 of this chapter.
(b)
Tractor trailers, cargo boxes, or other vehicles or structures intended to be transportable shall not be used as accessory buildings for storage.
(11)
Airport services: Airport services include all uses directly related to the operation of an airport and uses directly associated with an airport, including:
[Added 11-7-2016 by Ord. No. 998]
(a)
Office uses for aviation administration, maintenance and operational facilities, including ancillary warehousing/storage for aircraft operations on airport property.
(b)
Air cargo and related ground transportation facilities.
(c)
Motor vehicle rental.
(d)
Aviation instruction facilities.
(e)
Aircraft storage buildings.
(f)
Helicopter pads.
(g)
Terminal buildings.
(h)
Fixed base operators.
(i)
Air hangars.
(j)
General aviation operations.
(k)
Airport auxiliary facilities, including fences, lighting and antenna systems, on-premise signs, driveways and access roads.
(l)
Other uses determined to be airport-related by the regulations of the Department of Commerce.
(12)
Planned industrial development: a group of industrial, manufacturing, office and warehousing, distribution, retail, service business, and related establishments, which is planned, constructed and managed as a total entity, where parking spaces, stormwater management facilities, access drives and circulation, lighting systems and other improvements are shared by three or more uses on one lot, or within a unified development. A planned industrial development may contain a combination of any of the uses permitted by right within the zoning district in which a planned industrial development is permitted.
[Added 11-7-2016 by Ord. No. 998]
(13)
Flex tech (FT) development: a development characterized by a unified site designed for either a single building or multiple buildings, with each building having the right to contain a mix of occupants and/or uses. Flex tech development is intended for general business and office development, as well as for light industrial related uses, such as creative industries seeking open floor plans for a mix of office and production activities, in-house/on-site warehousing/storage for low-intensity production facilities and accommodations for related shipping. Flex tech development allows for flexibility in accommodating business and light industrial production-oriented uses through a unified environment based on a comprehensive site plan.
[Added 11-7-2016 by Ord. No. 998]
H.
Accessory uses.
(1)
Accessory structure or accessory use: Accessory structure, building, or accessory use customarily incidental to a permitted use and not normally conducted as an independent principal use.
(2)
Accessory dormitory: Accessory dormitories or other accessory living accommodations for faculty or students in a private or public school which is not conducted as a private gainful business.
(3)
Drive-through: Any vehicle-related commercial facility in which a service is provided or goods, food or beverages are sold to the operator or passengers of a motor vehicle without the necessity of the operator or passengers disembarking from the vehicle. Drive-throughs shall be accessory uses to the following: eating place in the C-1 District; eating places which are part of a planned commercial development; retail shops and stores; services business; and bank or savings and loan association. Drive-throughs shall be permitted by conditional use and shall comply with the following general standards:
[Amended 12-1-2014 by Ord. No. 980]
(a)
A drive-through lane with stacking space shall be provided to serve a minimum of six vehicles, each space a minimum 22 feet in length, measured from the first point of service (menu/ordering board). Drive-through lanes and stacking areas shall be a minimum of 12 feet wide. The minimum turning radius of a drive-through shall be 18 feet.
(b)
A drive-through stacking lane shall not be used for parking lot circulation aisles nor shall it in any way conflict with through circulation, parking or safe pedestrian access to the building. A drive-through/stacking lane shall not cross or be crossed by pedestrian accessways. The drive-through/stacking lane shall not be the sole ingress and egress from the site. If located in a planned commercial development, the circulation pattern shall be integrated with that of the center.
(c)
A bypass or escape lane of at least 10 feet wide shall be provided for ease of circulation and emergency purposes.
(d)
Trash receptacles shall be provided for the drive-through stations.
(e)
Overhead canopies shall be set back at least 10 feet from any street right-of-way and property line and at least 20 feet from any residential property line. The total height of any overhead canopy shall not exceed 20 feet.
(f)
Outdoor speakers or menu boards must be set back at least 30 feet from all lot lines.
(g)
Order board signs incidental to restaurants with drive-through facilities shall be located either on the building in which the drive-through facility is located or between the drive-through lane of traffic and the building containing the drive-through facility. Any such sign should be of sufficient size and location to be easily visible from cars using the drive-through but shall not exceed 35 square feet on each face. Additionally, the facility may place traffic flow signs so as to coordinate ingress and egress from the facility.
(h)
The drive-through shall be screened from adjacent residential uses and adjacent properties according to the buffer standards of § 186-54.
(i)
A traffic impact study shall be submitted to provide information to be used to determine the necessary stacking area and the impacts of the proposal upon local traffic circulation. The traffic impact study shall address the following issues:
[1]
Nature of the product or service being offered.
[2]
Method by which the product or service is provided (e.g., window service or brought to vehicle by employee).
[3]
Time required to service typical patron.
[4]
Arrival rate for patrons.
[5]
Peak demand hour(s).
[6]
Anticipated vehicle stacking required.
[7]
Anticipated traffic generation.
(4)
Home occupation: A routine, accessory and customary nonresidential use conducted within or administered from a portion of a dwelling or its permitted accessory building that is clearly incidental and secondary to the principal residential use.
(a)
Uses permitted as an accessory home occupation, subject to the restrictions of this chapter, include but are not limited to: art studio, office, hair care, photography, custom sewing, tax preparation, or musical instruction.
(b)
The following uses shall not be permitted as an accessory home occupation: veterinarian office, stable, kennel, funeral home, retail store (other than over the phone or through the mail, or where clearly incidental to the accessory use), restaurant, auto repair, trucking company terminal, hotel, motel, nursing home, boardinghouse, retail sales, painting of vehicles, tractor repair, lawn mower and engine repair, manufacturing (other than custom crafts) or bulk welding.
(c)
Professional office. The main office of a medical doctor, chiropractor, dentist or attorney, accountant or other like professional shall only be allowed as an accessory home occupation if the property abuts an arterial or collector street.
(d)
An accessory home occupation shall not include any retail or wholesale sales on the premises (other than over the phone and through the mail, or where clearly incidental to the accessory use) nor any industrial use (other than custom crafts and sewing).
(e)
An accessory home occupation must be conducted within a dwelling which is the bona fide residence of the principal practitioner or in an accessory building thereto which normally is associated with a residential use. The accessory home occupation shall be carried on wholly indoors.
(f)
The maximum amount of floor area devoted to an accessory home occupation shall not be more than 25% of the ground floor area of the principal residential structure, excluding the floor area covered by an attached garage or similar structure.
(g)
In no way shall the appearance of the residential structure be altered or the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character by the use of colors, materials, construction, lighting, show windows or advertising visible outside the premises to attract customers or clients, other than those signs permitted by this chapter.
(h)
An accessory home occupation shall only involve persons working on the premises who are permanent residents of the dwelling, plus a maximum of one nonresident employee working on the premises at any one point in time; except a barber, beauty shop or hairstylist may not include any nonresident employees.
(i)
Hours. An accessory home occupation shall not be conducted in a way that is perceptible from beyond the lot line between the hours of 9:00 p.m. and 7:30 a.m. This time limit shall also apply to any loading or unloading of vehicles on the property or on a street that causes noise to adjacent residences.
(j)
Signs and displays. There shall be no use of show windows, business display or advertising visible from outside the premises, except that one nonilluminated sign permitted with a maximum sign area of four square feet on each of two sides, with a maximum height of eight feet. Such sign shall not be located within five feet of the rear edge of the sidewalk or within 10 feet of the proposed curbline of the street in those areas not having a sidewalk.
(k)
Advertising. The address of the accessory home occupation shall not be advertised in such a way that would encourage customers and salespersons to come to the property without an appointment.
(l)
Parking and loading.
[2]
The applicant shall prove that the use will include adequate off-street parking and loading spaces. The amount of parking in the required front yard should be held to a minimum to maintain a residential character. The applicant is encouraged to minimize the need for on-street parking, but appropriate, safe on-street areas may be allowed to be used to meet a portion of parking needs.
[3]
If additional parking is needed beyond what can be accommodated using appropriate on-street spaces and a residential-style driveway, then such parking may be required to be provided in the rear of the home, with adequate buffering between adjoining properties, and may deny the use if such rear parking and buffering cannot be accommodated.
[4]
Any required off-street spaces shall be conveniently located to reach the door of the accessory home occupation.
[5]
Traffic. The use shall not involve the parking of more than three vehicles of nonresidents at any one time.
[6]
Truck traffic. The use shall not require the use or servicing by a vehicle with more than one-ton loading capacity, except for deliveries a maximum of two times per day. This use shall not involve the parking of more than two trucks of any type on the lot or on adjacent streets at any period of time. The use shall not need servicing by, deliveries by, or parking of tractor-trailer trucks.
(m)
If the accessory home occupation involves work (other than auto/tractor trailer repair or painting) occurring on a vehicle(s), no more than one such vehicle(s) shall be parked on the lot overnight. At no time should such vehicles be parked on abutting streets.
(n)
Hazardous substances. The use shall not involve the storage or use of hazardous, flammable, or explosive substances, other than types and amounts commonly found in a dwelling. The use shall not involve the use or storage of toxic substances.
(o)
There shall be no exterior storage of materials or refuse resulting from the operation of the accessory home occupation.
(p)
The use shall comply with all environmental and nuisance control regulations of this chapter, including Article VII.
(q)
A zoning permit shall be required for all accessory home occupations.
(5)
No-impact home-based business: A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. The business or commercial activity must satisfy the following requirements:
(a)
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
(b)
The business shall employ no employees other than family members residing in the dwelling.
(c)
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
(d)
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
(e)
The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference at the property line, and no equipment or process shall be used which creates visual or audible interference in any radio or television or telephone receiver off the lot or causes fluctuations in line voltage off the lot.
(f)
The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use.
(g)
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area of the principal residential structure.
(h)
No home business shall be located in an area needed to meet the off-street parking requirements of the principal residence.
(i)
The business may not involve any illegal activity.
(6)
(7)
Keeping of animals:
(a)
Keeping of pets: The keeping of dogs, cats, or other small animals as pets accessory to a residential use.
[1]
No more than four customary household pets or domestic animals (e.g., dogs, cats, etc.) ordinarily kept in the home shall be kept under the permanent care of the occupants.
[2]
Five or more adult dogs or cats shall meet the requirements of § 186-18A(1).
[3]
Commercial breeding or use of these pets shall not be permitted under this use.
[4]
A zoning permit shall not be required for this use.
(b)
Keeping of large animals and fowl: The keeping of large animals (such as cattle, horses, llamas, sheep, goats, and pigs) and fowl (such as chickens and turkeys) as accessory to a residential use, not as a farming use.
[1]
Large animals (such as cattle, horses, llamas, sheep, goats, and pigs) and fowl (such as chickens and turkeys) shall be stabled or housed in buildings at least 100 feet from any lot line.
[3]
Fowl shall require a minimum lot area of 1/4 acre for two birds and additional 1/4 acre for every two birds thereafter. Roosters and guinea fowl are not permitted.
[4]
Commercial breeding or use of large animals and fowl shall not be permitted under this use.
[5]
A zoning permit shall be required for large animals.
(8)
Outdoor seating associated with food and/or beverage service establishments. Such use shall be permitted as an accessory to eating places, taverns, breweries, microbreweries, micro-wineries, micro-distilleries, brewpubs and/or taprooms and meet the following requirements:
[Added 6-20-2022 by Ord. No. 1046]
(a)
The area used for outdoor seating shall comply with all applicable requirements of the zoning district in which it is located.
(b)
Outdoor seating areas shall be separated from abutting residential uses by an opaque fence or wall along side and/or rear yards. The opaque fence or wall shall be a minimum of five feet high and a maximum of six feet high.
(c)
Outdoor seating shall not impede pedestrian traffic flow or vehicular sight distance. A minimum pathway of at least five feet free of obstacles shall be maintained.
(d)
All activities, including the playing of music, shall comply with the noise limitations of Borough ordinances.
(e)
Any lighting associated with the outdoor seating area shall not disturb neighboring properties and shall comply with all lighting regulations of Borough ordinances.
(f)
Refuse facilities shall be provided. All trash shall be removed from the outdoor seating area and from the area surrounding the outdoor seating area on at least a daily basis.
(g)
The outdoor seating area shall not occupy areas that are required by the establishment to meet the parking requirements of this chapter.
(h)
No additional parking spaces shall be required for outdoor seating areas up to 50% of the parking requirement for indoor seating capacity. Outdoor seating in excess of 50% of the parking requirement provided indoor seating shall require parking spaces be provided consistent with parking requirements associated with the establishment use as per § 186-61.
(i)
Any accessory structure associated with outdoor seating (H-8 use) shall comply with the requirements for an H-1 accessory structure or accessory use and the zoning district regulations.
Refer to Chapter 94, Floodplain Management, of the Code of the Borough of Perkasie.
