Borough of Bonneauville, PA Article IV Additional Requirements for Specific Uses

§ 255-37 Applicability.

A. This article establishes additional specific requirements for certain specific uses, in addition to the sign, parking, environmental and other general requirements of this chapter and the requirements of each district. Wherever two requirements conflict, the stricter requirement shall apply.

(1) For uses allowed within a specific zoning district as special exception uses, see also the procedures and standards in § 255-22. For conditional uses, see also § 255-23.

§ 255-38 Additional requirements for specific principal uses.

A. Each of the following uses shall meet all of the following requirements for that use:

(1) Adult use. (This is limited to the following: adult bookstore, adult movie theater, massage parlor, or adult live entertainment facility.)

(a) Purposes. The regulations on adult uses are intended to serve the following purposes, in addition to the overall objectives of this chapter:

[1] To recognize the adverse secondary impacts of adult uses that affect health, safety and general welfare concerns of the Borough. These secondary impacts have been documented in research conducted across the nation. These secondary impacts typically include, but are not limited to: increases in criminal activity, increases in activities that increase the risk of transmission of sexually transmitted diseases, increases in activities that increase the risk of transmission of other communicable diseases, increases in blight, decreases in the stability of residential neighborhoods, and decreases in property values for surrounding homes, and decreases in the marketability of nearby commercial business space. The research conducted across the nation concludes that adult uses typically involve insufficient self-regulation to control these secondary effects.

[2] To limit adult uses to locations where these secondary impacts can be minimized, particularly as they affect residential neighborhoods and commercial revitalization.

[3] To not attempt to suppress any activities protected by the free speech protections of the state and U.S. Constitutions, but instead to control secondary effects.

(b) An adult use and its parking area shall not be located within any of the following distances, whichever is most restrictive:

[1] Two hundred lineal feet from the lot line of an existing dwelling;

[2] Two hundred lineal feet from the lot line of any residential zoning district;

[3] One thousand lineal feet from the lot line of any primary or secondary school, place of worship, library, public park, day-care center or child nursery.

(c) No adult use shall be located within 200 lineal feet from any existing adult use.

(d) A fifty-foot bufferyard shall be provided, regardless of zoning district, along the side and rear lot lines. If such buffer area does not include substantial mature trees that will be preserved, it shall include continuous screening by evergreen trees with an initial height of five feet.

(e) No pornographic material, displays or words shall be placed in view of persons who are not inside of the establishment. Definite precautions shall be made to prohibit minors from entering the premises. It shall not be possible to view into the inside of the business from a public street or sidewalk.

(f) No adult use shall be used for any purpose that violates any federal, state or municipal law.

(g) Obscene or pornographic signs shall be prohibited. No sign shall graphically represent adult-oriented products, services or activities.

(h) The adult use shall not include the sale or display of obscene materials, as defined by Pennsylvania criminal law, as may be amended by applicable court decisions.

(i) An adult use shall only be allowed within a zoning district where the use is specifically listed as being allowed.

(j) A minimum lot area of one acre is required.

(k) For public health reasons, private or semiprivate viewing booths of any kind are prohibited. This specifically includes, but is not limited to, booths for viewing adult movies or nude dancers.

(l) No use may include live actual or simulated sex acts nor any physical or sexual contact between employees and entertainers nor or between employees or entertainers and customers. At an adult live entertainment use, employees or entertainers shall maintain a minimum distance of two feet from customers.

(m) Only lawful massages as defined by state court decisions shall be performed in a massage parlor.

(n) All persons within any adult use shall wear nontransparent garments that cover their genitals and the female areola, except within a permitted lawful adult live entertainment facility.

(o) Any application for such use shall state the names and home addresses of: all individuals intended to have more than a five-percent ownership in such use or in a corporation owning such use; and an on-site manager responsible to ensure compliance with this chapter on a daily basis. Such information shall be updated at the beginning of each year in writing to the Zoning Officer.

(p) The use shall not operate between the hours of 12:00 midnight and 6:00 a.m.

(q) As specific conditions of approval under this chapter, the applicant shall prove compliance, where applicable, with the following state laws, as amended: the Pennsylvania Liquor Code, Act 219 of 1990[1] (which pertains to sale or consumption of alcohol between 2:00 a.m. and 8:00 a.m.), Act 207 of 1990 (which pertains to obscenity) and Act 120 of 1996 (which pertains to adult-oriented establishments and which limits enclosed viewing booths among other matters).

[1] Editor's Note: See 18 Pa.C.S.A. § 7327.

(r) An adult use shall not be within the same building as a use with a liquor license.

(2) Adult day-care center.

(a) The use shall be fully licensed by the state, if required by the state.

(b) The use shall include constant supervision during all hours of operation.

(c) The use shall not meet the definition of a "treatment center."

(3) After-hours club. This use is effectively prohibited by State Act 219 of 1990, as amended (Section 7327 of Title 18 of the Pennsylvania Statutes).

(4) Animal cemetery.

(a) All the regulations for a cemetery in this section shall apply.

(b) The applicant shall prove to the satisfaction of the Zoning Officer that the use will be conducted in such a manner that the public health and groundwater quality will not be threatened.

(5) Assisted-living facility/personal care center. The standards for nursing homes in this section shall apply.

(6) Auto, boat or mobile/manufactured home sales.

(a) No vehicle, boat or home on display shall occupy any part of the existing or future street right-of-way or required customer parking area. See bufferyard provisions in § 255-66.

(b) See light and glare standards in § 255-46.

(c) Any mobile/manufactured homes on a sales site shall meet the required principal building setbacks from the perimeter lot lines.

(7) Auto repair garage.

(a) All paint work shall be performed within a building, with a fume collection and ventilation system that directs fumes away from any adjacent dwellings. Outdoor major repairs (such as body work and grinding) and outdoor welding shall not occur within 250 feet of a residential lot line.

(b) All reasonable efforts shall be made to prevent or minimize noise, odor, vibration, light or electrical interference to adjacent lots. See standards in Article V. See bufferyard requirements in § 255-66.

(c) Outdoor storage of motor vehicles shall not be within any required bufferyard or street right-of-way. Overnight outdoor storage of junk other than permitted junk vehicles shall be prohibited within view of a public street or a dwelling.

(d) Any junk vehicle (as defined by Article II) shall not be stored for more than 60 days within view of a public street or a dwelling. A maximum of six junk vehicles may be parked within view of a public street or dwelling at any one time.

(8) Auto service station.

(a) See definition of this term and auto repair garage in Article II. The uses may be combined, if the requirements for each are met.

(b) Fuel pumps shall be at least 25 feet from the existing street right-of-way and shall meet side yard principal building setback requirements.

(c) Any junk vehicle (as defined by Article II) shall not be stored for more than 60 days within view of a public street or a dwelling. A maximum of six junk vehicles may be parked within view of a public street or dwelling at any one time.

(d) The use may include a convenience store if the requirements for such use are also met.

(e) A canopy shall be permitted over the gasoline pumps with a minimum front yard setback of 20 feet from each street right-of-way line.

[1] Such canopy may be attached to the principal building. The canopy shall not include any signs, except for the following: a sign may be attached to each of two sides of the canopy in place of an allowed freestanding sign; an allowed wall sign may be placed on a portion of the canopy that is behind the minimum front yard setback line; and necessary warning signs.

[2] Within the minimum front yard building setback, the distance between the ground level and the bottom of the canopy shall not be greater than 20 feet. Parts of a sloped canopy may have a taller height if the purpose of the taller height is to deflect soot and glare away from the street or neighboring properties.

(f) Fuel tanks and dispensers and ventilation equipment shall be set back a minimum of 100 feet from the lot line of any residential or institutional use (such as a school or nursing home).

(9) Bed-and-breakfast inn.

(a) Within an agricultural or residential district (where permitted under Article III), a maximum of six rental units shall be provided and no more than three adults may occupy one rental unit. No maximums shall apply within other permitted districts. Only one bed-and-breakfast inn shall be permitted per lot.

(b) One and 1/2 off-street parking spaces shall be provided for each rental unit, plus employee parking. To the maximum extent feasible, off-street parking spaces for the bed-and-breakfast inn shall be: located either to the side or rear of the principal building; and screened from the street and abutting dwellings by landscaping. Off-street parking spaces shall be set back a minimum of 10 feet from lot lines.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(c) There shall not be any signs, show windows or any type of display or advertising visible from outside the premises, except for a single sign with a maximum sign area of eight square feet on each of two sides and with a maximum height of eight feet. No internal lighting of the sign shall be permitted.

(d) The use shall have a residential or agricultural appearance and character.

(e) The use shall be owned, operated or managed by permanent residents of the lot.

(f) There shall not be separate cooking facilities in any guest room. Food shall only be served to guests who are staying overnight, unless a restaurant is also permitted.

(g) No guest shall stay for more than 14 days in any month.

(h) In a residential district, a bed-and-breakfast shall only be allowed in an existing building that was constructed prior to January 1, 1950.

(10) Boarding house (includes rooming house).

(a) Minimum lot area: one acre.

(b) Minimum side yard building setback: 30 feet side.

(c) Minimum lot width: 200 feet.

(d) Maximum density: six bedrooms per acre; but in no case shall the lot serve a total of more than 20 persons.

(e) Each bedroom shall be limited to two adults each.

(f) A buffer yard with screening meeting § 255-66 shall be provided between any boarding house building and any abutting dwelling.

(g) Note: There are separate standards for an assisted living facility, which is not considered a boarding house.

(h) Signs: shall be limited to two wall signs with a maximum of two square feet each.

(i) Rooms shall be rented for a minimum period of five consecutive days.

(11) Campground, camp or recreational vehicle campground.

(a) Within a residential district, for each acre of total lot area, there shall be a maximum average of: five recreational vehicle sites (where allowed); 10 tent sites; or cabin sleeping capacity for 20 persons. Such sites may be clustered in portions of the tract. Such maximum density shall not apply within a commercial district.

(b) Retail sales shall be allowed as an accessory use. Within a residential district, any store shall be limited to sales of recreational, household, food, gift and camping items. Within a residential district, any store shall be primarily intended to serve persons camping on the site.

(c) Minimum lot area: five acres in an allowed commercial or industrial district, 10 acres in any other district where the use is permitted under Article III.

(d) All campsites, recreational vehicle sites, and principal commercial buildings shall be set back a minimum of 75 feet from any contiguous lot line of an existing dwelling that is not part of the campground or camp. Within this buffer, the applicant shall prove to the maximum extent feasible that any existing healthy trees will be maintained and preserved.

[1] The screening of evergreens provided in § 255-66 between business and residential uses is not required if the tree buffer would essentially serve the same purpose, or if removal of mature trees would be needed to plant the shrubs.

(e) Buildings used for sleeping quarters shall not be within the one-hundred-year floodplain.

(f) No person other than a bona fide resident manager/caretaker shall reside on the site for more than six months in any calendar year.

(12) Car wash.

(a) Traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets. On-lot traffic circulation channels and parking areas shall be clearly marked.

(b) Adequate provisions shall be made for the proper and convenient disposal of refuse. The applicant shall provide evidence that adequate measures will be in place to prevent pollutants from being washed into the groundwater or waterways. Any chemicals or polluted runoff that may be hazardous to aquatic life shall be stored within an area that will completely contain any leaks, spills or polluted runoff.

(c) Water from the car wash operation shall not flow onto sidewalks or streets in such a manner as could cause ice hazards.

(d) Any car wash that is located within 250 feet of an existing dwelling shall not operate between the hours of 10:00 p.m. and 7:00 a.m.

(e) No portion of a car wash shall be located within 100 feet from the center line of a perennial waterway.

(13) Cemetery.

(a) Minimum lot area: one acre, which may on the same lot as an allowed place of worship.

(b) A crematorium, where allowed by Article III, shall be set back a minimum of 250 feet from all lot lines of existing dwellings and all undeveloped residentially zoned lots.

(c) All structures and graves shall be set back a minimum of: 30 feet from the future right-of-way of any public street, 10 feet from the cartway of an internal driveway, and 20 feet from any other lot line. Any buildings with a height greater than 20 feet shall be set back a minimum of 50 feet from all lot lines.

(d) No grave sites and no structures shall be located within the one-hundred-year floodplain.

(e) The applicant shall prove to the satisfaction of the Zoning Officer, based upon review by the Borough Solicitor, that the use will include an appropriate financial system to guarantee perpetual maintenance.

(14) Commercial communications antennas/tower as principal or accessory use.

(a) An accessory commercial communications antenna shall be permitted by right in any district if it meets the following requirements:

[1] In a district other than a commercial or industrial district, the antenna shall extend a maximum of 20 feet beyond the existing structure to which it is attached. The antenna shall be attached to one of the following existing lawful structures:

[a] A principal agricultural building or silo;

[b] An electric high voltage transmission tower;

[c] An existing lawful commercial communications tower; or

[d] A fire station or steeple or bell tower of a place of worship or a water tower.

[2] In a commercial or industrial district, the antennas shall extend a maximum of 40 feet beyond an existing building or structure (other than a dwelling), provided the antenna is set back a distance equal to its total height above the ground from any lot line of a dwelling on another lot.

(b) Any commercial communications antenna/tower that does not meet Subsection A(14)(a) above (such as a new freestanding tower) shall only be allowed where specifically authorized in § 255-32, and in compliance with the following additional regulations:

[1] Such antenna/tower shall be set back from all lot lines and street rights-of-way a distance that is greater than the total height of the antenna/tower above the surrounding ground level. The Borough Council may permit an easement arrangement to be used without meeting the setback requirement from the edge of the leased area, provided that there are legal safeguards to ensure that the setback will continue to be met over time from a lot line.

[2] A new tower, other than a tower on a lot of an emergency services station, shall be set back the following minimum distance from any existing dwelling: 300 feet plus the total height of the tower above the surrounding ground level.

[3] A tower attached to the ground shall be surrounded by a security fence/gate with a minimum height of eight feet and evergreen plantings or preserved vegetation with an initial minimum height of four feet.

[4] The applicant shall provide a written statement sealed by a professional engineer stating that the communications antenna/tower will meet the structural and wind resistance requirements of the Construction Code.[2]

[2] Editor's Note: See Ch. 80, Construction Codes.

[5] The applicant shall describe in writing the policies that will be used to offer space on a tower to other communications providers, which shall serve to minimize the total number of towers necessary in the region. This policy shall be designed to minimize the total number of towers necessary in the Borough.

[6] An applicant for a new commercial communications tower shall provide evidence to the Borough Council ("the Board") that they have investigated co-locating their facilities on an existing tower and other tall structures and have found such alternative to be unworkable. The reasons shall be provided.

[7] A maximum total height of 200 feet above the ground shall apply in a commercial and industrial district and 150 feet in any other district where it may be allowed, unless the applicant proves to the Borough Council as a conditional use that a taller height is absolutely necessary and unavoidable.

[8] The application shall describe any proposed lighting. Strobe lighting shall not be used, but flashing lights may be used.

[9] A new tower shall be designed in a manner that minimizes its visual intrusiveness and environmental impacts to the maximum extent feasible. For example, monopole designs or designs worked into a flag pole are preferred over lattice designs. Self-supporting towers are preferred over towers with guy wires that would require removal of larger numbers of trees.

(c) Purposes. These provisions for commercial communications antenna/towers are primarily designed to serve the following purposes, in addition to the overall objectives of this chapter:

[1] To protect property values.

[2] To minimize the visual impact of antennas/towers, particularly considering the importance of the scenic beauty of the area in attracting visitors for outdoor recreation.

[3] To minimize the number and heights of towers in a manner that still provides for adequate telecommunications services and competition.

(d) A tower/antenna that is intended to primarily serve emergency communications by a Borough-recognized police, fire or ambulance organization, and is on the same lot as an emergency services station, shall be permitted by right. Such tower/antenna may also serve commercial purposes.

(e) Any antenna and tower that is no longer in active use shall be completely removed within six months after the discontinuance of use. The operator shall notify the Zoning Officer in writing after the antenna or tower use is no longer in active use. Any lease shall require such removal by the owner of the antenna/tower. Any lease should provide that the lease shall expire once the antenna/tower is removed. The Borough Council may require that a financial guarantee be posted to pay for removal of the tower if the Board determines such guarantee is needed.

(f) All accessory utility buildings or cabinets shall have a maximum total floor area of 400 square feet (which may divided among adjacent buildings serving separate companies) and have a maximum height of 10 feet and meet principal building setbacks.

(15) Conversion of an existing building (including an existing dwelling) into dwelling units.

(a) See Article III, which regulates where conversions are permitted. Applicable state fire safety requirements shall be met.

(b) The following regulations shall apply to the conversion of an existing one-family dwelling into a greater number of dwelling units:

[1] The building shall maintain the appearance of a one-family dwelling with a single front entrance. Additional entrances may be placed on the side or rear of the structure. The dwelling units may internally share the single front entrance.

[2] The conversion shall not be permitted if it would require the placement of an exterior stairway on the front of the building, or would require the placement of more than three off-street parking spaces in the required front yard.

(c) A previously residential building shall maintain a clearly residential appearance, except as may be necessary for restoration of a historic building.

(d) Dumpster screening. See § 255-69.

(e) A maximum total of four dwelling units may be developed per lot unless a more restrictive provision is established by another section of this chapter, unless the building included more than 4,000 square feet of existing aboveground building floor area at the time of adoption of this chapter, in which case a maximum of one dwelling unit shall be allowed for each 1,000 square feet of existing interior aboveground building floor area.

(f) Each unit shall meet the definition of a dwelling unit and shall meet the minimum floor area requirements of § 255-64C.

(16) Day-care center, child.

(a) See also day care: family day-care home or group day care as an accessory use in § 255-39D(4).

(b) The use shall comply with any applicable state and federal regulations, including having an appropriate PA Department of Human Services (or its successor agency) registration certificate or license.

(c) Convenient parking spaces within the requirements of Article VI shall be provided for persons delivering and waiting for children.

(d) The use shall include secure fencing around outdoor play areas.

(e) This use shall not be conducted in a dwelling that is physically attached to another dwelling that does not have a common owner.

(f) In residential districts, any permitted day-care use shall maintain an exterior appearance that resembles and is compatible with any existing dwellings in the neighborhood.

(g) A day-care use may occur in a building that also includes permitted or nonconforming dwelling units.

(h) See also the standards for a "place of worship" in this section, which allows a day-care center as an adjunct use.

(17) Emergency services station.

(a) The following uses shall be allowed as accessory uses to the principal use of a fire company station: a banquet hall, bingo games, and facilities for periodic temporary fund-raising events. Any building or area of a building used for the consumption of alcoholic beverages shall be set back a minimum of 50 feet from a residential lot line. Any building or building expansion separated from a residential lot line by a bufferyard meeting § 255-66.

(18) Forestry. See § 255-38A(44), Timber harvesting.

(19) Golf course. A golf course may include a restaurant or clubhouse, provided that such building is located a minimum of 150 feet away from any lot line of an existing dwelling.

(20) Groundwater or spring water withdrawal, involving removal of an averaging of more than 100,000 gallons per day from a lot for off-site consumption. [NOTE: If the water is being utilized for uses on adjacent lots or as part of a public water system, it shall not be considered off-site consumption.]

(a) See Table of Allowed Uses, Item g, Miscellaneous Uses.[3] The regulations of this Subsection A(20) shall not apply to water used by a principal agricultural use within the Borough.

[3] Editor's Note: The Table of Allowed Uses is included as an attachment to this chapter.

(b) If the water will be trucked off-site, the applicant shall provide a written report by a professional engineer with substantial experience in traffic engineering. Such study shall analyze the suitability of the area street system to accommodate the truck traffic that will be generated. The application shall only be approved if the applicant proves to the satisfaction of the Zoning Hearing Board that the area street system is suitable in terms of structure, geometry, safety and capacity to accommodate the additional truck traffic.

(c) If the water will be trucked off-site, any area used for loading or unloading of tractor-trailer trucks shall be set back a minimum of 150 feet from any adjacent residential lot.

(d) Minimum lot area: 20 acres, plus an five additional acres for each 25,000 gallons per day of capacity of withdrawal.

(e) Any bottling or processing operations shall be considered a distinct use and shall only be allowed if food or beverage manufacturing is an allowed use under § 255-32.

(21) Group homes. Group homes are permitted within a lawful dwelling unit, provided the following additional requirements are met:

(a) The use shall meet the definition in § 255-26.

(b) A group home shall not include any use meeting the definition of a treatment center.

(c) A group home shall include the housing of a maximum of six unrelated persons, except:

[1] If a more restrictive requirement is established by another Borough Code;

[2] The number of bona fide paid professional staff shall not count towards such maximum; and

[3] As may be approved by the Zoning Hearing Board under § 255-17D.

(d) The facility shall have adequate trained staff supervision for the number and type of residents. If the facility involves five or more residents, then twenty-four-hour on-site staffing shall be provided.

(e) The applicant shall provide evidence of any applicable federal, state or county licensing or certification to the Zoning Officer.

(f) The group home shall register in writing its location, general type of treatment/care, maximum number of residents and sponsoring agency with the Zoning Officer.

(g) Any medical or counseling services shall be limited to a maximum of three nonresidents per day. Any staff meetings shall be limited to a maximum of five persons at one time.

(h) Parking: see § 255-47.

(i) If a group home is in a residential district, an appearance shall be maintained that is closely similar to nearby dwellings, and no sign shall identify the use.

(j) The persons living on site shall function as a common household unit.

(k) The applicant shall notify the local ambulance and fire services of the presence of the group home and the type of residents.

(22) Heliport.

(a) The applicant shall prove that the heliport has been located and designed to minimize noise nuisances to other properties.

(b) The Zoning Hearing Board may place conditions on the size of helicopters, frequency of use, fueling facilities and hours of operation to minimize nuisances and hazards to other properties.

(23) Hotel or motel.

(a) See definitions in § 255-26, which distinguish a hotel/motel from a boarding house.

(b) Buildings and tractor-trailer truck parking shall be a minimum of 50 feet from any residential lot line.

(24) Junkyard (includes salvage yard).

(a) Storage of garbage or biodegradable material is prohibited, other than what is customarily generated on site and routinely awaiting pickup.

(b) Outdoor storage of junk shall be at least: 100 feet from any residential lot line; and 50 feet from any other lot line and the existing right-of-way of any public street.

(c) The site shall contain a minimum of two exterior points of access, each of which is not less than 20 feet in width. One of these accesses may be limited to emergency vehicles. Cleared driveways shall be provided throughout the entire use to allow access by emergency vehicles. Adequate off-street parking areas shall be provided for customers.

(d) Outdoor storage shall be completely enclosed (except at approved driveway entrances) by a twenty-foot wide buffer yard which complies with § 255-66, unless such storage is not visible from an exterior lot line or street. The initial height of the evergreen planting shall be six feet. Secure fencing with a minimum height of six feet shall be provided and well-maintained around all outdoor storage areas. Such fencing shall be provided inside of the evergreen screening.

(e) Burning or incineration is prohibited.

(f) See the noise or dust regulations of Article V.

(g) All gasoline, antifreeze and oil shall be drained from all vehicles and properly disposed of. All batteries shall be removed from vehicles and properly stored in a suitable area on an impervious and properly drained surface.

(h) Lot area: two acres minimum.

(i) Tires: see the outdoor storage and display standards in § 255-39D(9).

(j) Any storage of junk shall be maintained a minimum distance of 100 feet from the center line of any waterway, and shall be kept out of a drainage swale.

(k) The use shall also comply with the Borough Salvage Yard/Junkyard Ordinance.[4]

[4] Editor's Note: See Ch. 120, Junkyards.

(25) Kennel.

(a) All buildings in which animals are housed (other than buildings that are completely soundproofed and air conditioned) and all runs outside of buildings shall be located at least 150 feet from all residential lot lines. This one-hundred-fifty-foot setback shall be increased to 200 feet if more than 20 dogs are kept overnight on the lot, and be increased to 250 feet if more than 50 dogs are kept overnight on the lot.

(b) Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot routinely be heard within any principal building on another lot.

(c) No animal shall be permitted to use outdoor runs from 9:00 p.m. to 8:00 a.m. that are within 250 feet of an existing dwelling. Runs for dogs shall be separated from each other by visual barriers a minimum of four feet in height, to minimize dog barking.

(d) See state law regulating kennels.

(e) Minimum lot area: five acres, unless a larger lot area is required by another section of this chapter.

(26) Livestock and poultry, raising of.

(a) Minimum lot area: three acres, except a minimum lot area of 10 acres shall apply for an intensive raising of livestock or poultry use, and except a minimum lot area of 40 acres if an intensive raising of livestock or poultry use will have more than five animal equivalent units per acre on the average.

(b) Except for an intensive raising of livestock or poultry use, any building used for the keeping of livestock or poultry shall be located a minimum of: 200 feet from a lot in a V, SFR, MDR or HDR district; 150 feet from an existing dwelling that is not within a V, SFR, MDR or HDR district and that existed prior to the adoption of this chapter; and 40 feet from all other exterior lot lines. As a special exception use, the Zoning Hearing Board may approve a smaller setback for the expansion of facilities that existed prior to the adoption of this section where the applicant proves that there is no reasonable and feasible alternative and where the applicant proves that the lesser distance would not be detrimental to public health or safety or create significant hazards or nuisances.

(c) For an intensive raising of livestock or poultry use, any building used for the keeping of livestock or poultry shall be located a minimum of: 500 feet from a lot in a V, SFR, MDR or HDR district; 200 feet from an existing dwelling that is not within a V, SFR, MDR or HDR District and that existed prior to the adoption of this chapter; and 60 feet from all other exterior lot lines. As a special exception use, the Zoning Hearing Board may approve a smaller setback for the expansion of facilities that existed prior to the adoption of this chapter where the applicant proves that there is no reasonable and feasible alternative and where the applicant proves that the lesser distance would not be detrimental to public health or safety or create significant hazards or nuisances.

(d) The setbacks from property lines provided in this § 255-38A for this use shall not apply from:

[1] Dwellings or lots owned by the operator or owner of the livestock use;

[2] Dwellings or lots owned by a property-owner providing a written notarized letter waiving such setback; and/or

[3] Dwellings that did not exist at the time of adoption of this chapter.

(e) Fencing shall be used as necessary and practical to prevent livestock from entering streets or unauthorized property.

(f) The keeping of putrescent garbage-fed swine shall meet the setbacks for an intensive raising of livestock or poultry use. See the state domestic animal law provisions regarding garbage-fed animals.

(g) For a new or expanded raising of livestock or poultry use, evidence shall be provided by the operator/applicant to the Borough to show that there will be compliance with procedures and requirements of the State Nutrient Management Act[5] and accompanying state regulations.

[5] Editor's Note: See the Nutrient Management and Odor Management Act, 3 Pa.C.S.A. § 501.

(h) Buildings used for the keeping of livestock or poultry shall:

[1] Meet Borough floodplain regulations;

[2] Not be located within 100 feet of a perennial stream, river, spring, lake, pond or reservoir; and

[3] Not be located within 100 feet of an active public water supply drinking well or an active intake for a public water supply.

(i) For manure storage facilities that are specifically required to have a setback from lot lines under the State Nutrient Management regulations, that state setback shall apply. For any other manure storage facilities, a one-hundred-foot minimum setback shall apply from all lot lines.

(j) The following additional requirements shall apply to an intensive raising of livestock or poultry use:

[1] The applicant shall provide a soil and erosion control plan to the County Conservation District for review and pay their review fees.

[2] The applicant shall describe in writing or on site plans methods that will be used to address water pollution and insect and odor nuisances. The applicant shall provide a written comparison of proposed methods of controlling insect and odor nuisances and avoiding water pollution to applicable sections of the Pennsylvania Soil and Water Conservation Technical Guide as published by the U.S. Department of Agriculture and the State Department of Environmental Protection's Manure Management Manual for Environmental Protection, or their successor publications. The applicant may meet this requirement by providing a cross-reference to certain sections of such manuals or other written industry standards to describe the methods that will be used.

[3] The location of the facility is requested to consider prevailing wind patterns as they may affect the nearest existing dwellings.

[4] An area shall be provided for trucks to turn around on the property that avoids the need to back out onto a public road.

(27) Membership club.

(a) See definition in Article II.

(b) Any active outdoor play areas shall be set back at least 30 feet from any abutting residential lot line.

(c) This use shall not include an after-hours club.

(28) Mineral extraction.

(a) If a mineral extraction use involves mining activities over more than two acres of land in any calendar year, then the following additional requirements shall be met:

[1] The applicant shall prove that a continuous route over roads will be available and will be used by trucks leaving the use that entirely involves roads with a minimum paved cartway width of 18 feet from the exit driveway of the mineral extraction use to reach Route 116. This route shall consider any improvements that the applicant proposes to fund.

[2] A copy of all information submitted to state agencies shall also be submitted to the Zoning Officer at the same time.

[3] A detailed and appropriate land reclamation and reuse plan of the area to be excavated shall be submitted to the Zoning Officer. Compliance with such plan shall be a condition of Borough permits.

[4] After areas are used for mineral extraction, those areas shall be reclaimed in phases to a nonhazardous and environmentally sound state permitting some productive or beneficial future use.

[5] A fifty-foot-wide yard covered by natural vegetative ground cover (except at approved driveway crossings) shall be required along all exterior lot lines that are within 200 feet of an area of excavation. The Borough Council may require this yard to include an earth berm with a minimum average height of six feet and an average of one shade tree for each 40 feet of distance along the lot lines. Such shade trees shall be planted outside of any berm and any fence.

[a] New trees shall not be required where preserved trees will serve the same purpose.

[6] The following minimum setbacks shall apply for the excavated area of a mineral extraction use from property that is not owned by the owner or operator of the mineral extraction use:

[a] One hundred feet from the existing right-of-way of public streets and from all exterior lot lines of the property,

[b] One hundred fifty feet from a nonresidential principal building, unless released by the owner thereof.

[c] Four hundred feet from the lot line of a dwelling.

[d] One hundred fifty feet from the lot line of a publicly owned recreation area that existed at time of the application for the use or expansion.

[7] The excavated area of a mineral extraction use shall be set back 150 feet from the average waterline of a perennial stream or the edge of a natural wetland of more than two acres.

[8] Truck access to the use shall be located to reasonably minimize hazards on public streets and dust and noise nuisances to residences.

[9] Fencing. The Borough Council may require secure fencing in locations where needed to protect public safety. As an alternative, the Borough Council may approve the use of thorny vegetation to discourage public access. Also, warning signs shall be placed around the outer edge of the use.

[10] Hours of operation. The Borough Council, as a condition of conditional use approval, may reasonably limit the hours of operation of the use and of related trucking and blasting operations to protect the character of adjacent residential areas.

[11] The activities and residual effects shall not create conditions that are significantly hazardous to the health and safety of neighboring residents.

[12] The Borough may require that the applicant post financial security to cover the costs of damage that may occur to entrances and exits to public roads as a result of the trucks carrying mining materials.

[13] A plan shall be submitted showing sequential phases of mining activities on the land. Mining activities shall be conducted on a maximum of 50 acres at a time. Reclamation shall be initiated on one phase before the next phase is opened for mining.

[14] A plan shall be submitted showing how dust will be controlled.

(29) Mobile/manufactured home. Installed on an individual lot or within a mobile/manufactured home park approved after the adoption of this chapter.

(a) Construction. Any mobile/manufactured home placed on any lot after the adoption of this chapter shall be constructed in accordance with 1976 or later Safety and Construction Standards of the U.S. Department of Housing and Urban Development. [NOTE: These federal standards supersede local construction codes for the actual construction of the home itself.]

(b) Each site shall be graded to provide a stable and well-drained area. Each home shall have hitch and tires removed.

(c) Anchoring. A mobile/manufactured home on an individual lot or mobile/manufactured home park shall include a system that properly secures the home to the ground to prevent shifting, overturning or uneven settling of the home. The requirements of the Construction Codes shall apply, in addition to the manufacturer's specifications for installation.

(d) Foundation treatment. The space between the bottom of the home and the ground and/or home pad shall be enclosed using a durable fire-resistant material that has the appearance of a foundation of a site-built home, such as material with a concrete-type or stucco facing. This Subsection A(29)(d) shall not apply within a manufactured/mobile home park. Metal skirting may only be permitted within a manufactured/mobile home park. Provisions shall be provided for access to utility connections under the home.

(30) Mobile/manufactured home park.

(a) If a requirement of this subsection directly conflicts with a requirement of the Subdivision and Land Development Ordinance[6] on a specific matter, then the requirements of this subsection of the Zoning Ordinance shall govern such matter.

[6] Editor's Note: See Ch. 220, Subdivision and Land Development.

(b) The minimum tract area shall be three contiguous acres, unless a larger tract area is required by § 255-32 in a particular zoning district. This minimum tract area shall be under single ownership.

(c) Density. The maximum average density of the tract shall be four dwelling units per acre.

[1] To calculate this density: land in common open space or proposed streets within the park may be included, but land within the one-hundred-year floodplain, wetlands and slopes over 25% shall not be included.

(d) Landscaped perimeter. Each mobile/manufactured home park shall include a thirty-foot wide landscaped area including substantial attractive evergreen and deciduous trees around the perimeter of the site, except where such landscaping would obstruct safe sight distances for traffic. A planting plan for such area shall be approved by the Borough Council as part of any required conditional use approval. Such landscaped area shall not be required between adjacent mobile home park developments. The same area of land may count towards both the landscaped area and the building setback requirements.

(e) A dwelling, including any attached accessory building, shall be set back a minimum of 20 feet from another dwelling within the mobile home park, except that unenclosed porches, detached accessory buildings, awnings and decks may be 15 feet from the walls of another dwelling that such improvements are not accessory to.

(f) The minimum separation between homes and edge of interior street cartway or parking court cartway shall be 20 feet.

(g) The minimum principal and accessory building setbacks from exterior/boundary lot lines and rights-of-way of preexisting public streets shall be 50 feet.

(h) Each home shall comply with the requirements for mobile/manufactured homes stated in the preceding subsection.

(i) Common open space for a mobile home park. A minimum of 20% of the total lot area of the entire mobile home park shall be set aside as common open space for the residents. The applicant shall prove that these areas will be suitable for active or passive recreation. If a development will not be restricted to persons over age 55, then the common open space shall at a minimum include a rectangular grass field 100 feet by 200 feet suitable for free play by young persons. If a development will be restricted to persons over age 55, then the common open space shall, at a minimum, include landscaped paved trails. A recreation building or pool available to all residents of the development may count towards this requirement.

(j) Streets.

[1] Access to individual mobile/manufactured home spaces shall be from interior parking courts, access drives or private streets and shall not be from public streets exterior to the development.

[2] Streets within the mobile/manufactured home park that provide access to reach 20 or more dwellings shall have a minimum paved cartway of 24 feet, and other local private streets or parking courts serving less than 20 homes shall have a minimum paved cartway of 20 feet.

[3] Curbs and sidewalks are not required on the private streets, but all private streets shall meet all other Borough cartway construction standards.

(k) Utilities. All units within the mobile/manufactured home park shall be connected to a central water and a public sewage system. The system shall meet appropriate minimum water pressure/fire flow and hydrant requirements. The applicant shall prove that adequate provisions are made for solid waste disposal.

(l) Streetlights shall be provided at all street intersections within the mobile/manufactured home park, at no expense to the Borough.

(31) Multifamily dwellings. See townhouses and apartments in this section.[7]

[7] Editor's Note: See § 255-38A(45).

(32) Nursing home.

(a) Licensing: See definition in Article II.

(b) A minimum of 20% of the lot shall be suitable and developed for passive recreation. This area shall include outdoor sitting areas and pedestrian walks.

(33) Outdoor storage and display. The provisions listed for this use under § 255-39 shall apply.

(34) Picnic grove, private.

(a) All activity areas shall be a minimum of 250 feet of a preexisting dwelling on another lot. All parking areas shall be set back 100 feet from any residential lot line. The use shall not be open to the public between the hours of 11:00 p.m. and 7:00 a.m.

(b) See noise and glare standards in Article V.

(c) Minimum lot area: five acres.

(35) Place of worship.

(a) Minimum lot area: one acre in a residential district, unless a larger lot area is required by the applicable zoning district. In any other district, a place of worship shall meet the minimum lot area provided in Article III for that district.

(b) Weekly religious education rooms are permitted. A primary or secondary school and/or a child or adult day-care center may be approved on the same lot as a place of worship provided the requirements for such uses are also met.

(c) A maximum of one dwelling unit may be accessory to a place of worship on the same lot, to house employees of the place of worship and/or an employee and his/her family.

(d) Minimum building setback from a lot line of an existing dwelling in a residential district: 30 feet.

(e) Minimum parking setback from a lot line of an existing dwelling in a residential district: 10 feet.

(36) Recreation, outdoor

(a) Active outdoor recreation facilities (not including trails) and buildings shall be set back a minimum of 20 feet from the lot line of an existing dwelling.

(b) This term shall not include publicly owned recreation" or a golf course.

(c) See provisions for a nonhousehold swimming pool in § 255-38A(43).

(d) Lighting, noise and glare control: See Article V.

(e) Maximum impervious coverage in any residential district: 20%. In any other district, the use shall meet the district provisions of § 255-33A.

(f) Hours of operation. In a residential district, active recreation facilities shall be conducted only between the hours of 6:00 a.m. and 10:00 p.m., unless differing hours are established as a condition of any needed Zoning Hearing Board or Borough Council approval.

(37) Recycling collection center.

(a) This use shall not be bound by the requirements of a solid waste disposal facility.

(b) All materials shall be kept in appropriate containers, with appropriate sanitary measures and frequent enough emptying to prevent the attraction of insects or rodents and to avoid fire hazards.

(c) Adequate provision shall be made for movement of trucks if needed and for off-street parking.

(d) A twenty-foot-wide buffer yard with screening as described in § 255-66 shall be provided between this use and any abutting residential lot line.

(e) This use may be a principal or accessory use, including being an accessory use to a commercial use, an industrial use, a public or private primary or secondary school, a place of worship or a Borough-owned use, subject to the limitations of this section.

(f) Materials to be collected shall be of the same character as the following materials: paper, fabric, cardboard, plastic, metal, aluminum and glass. No garbage shall be stored as part of the use, except for that generated on site and that accidentally collected with the recyclables. Only materials clearly being actively collected for recycling may be stored on site.

(g) The use shall only include the following operations: collection, sorting, baling, loading, weighing, routine cleaning and closely similar work. No burning or landfilling shall occur. No mechanical operations shall routinely occur at the site other than operations such as baling of cardboard.

(h) The use shall not include the collection or processing of pieces of metal that have a weight greater than 50 pounds, except within a commercial or industrial district.

(38) Residential conversions. See "conversions of an existing building" within this section.[8]

[8] Editor's Note: See § 255-38A(15).

(39) Restaurant.

(a) Screening of dumpster and waste containers: see § 255-69.

(b) See § 255-39D(5), Drive-through facilities.

(c) Drive-through service shall only be provided where specifically permitted in the applicable district regulations.

(40) School, public or private, primary or secondary.

(a) Minimum lot area: two acres in a residential district. In any other district, the use shall meet the standard minimum lot area requirement for that district.

(b) No children's play equipment, basketball courts or illuminated recreation facilities shall be within 30 feet of a residential lot line.

(c) The use shall not include a dormitory.

(41) Self-storage development.

(a) Outdoor storage shall be limited to recreational vehicles, boats and trailers. No "junk vehicles" shall be stored within view of a public street or a dwelling.

(b) Trash, radioactive or highly toxic substances, garbage, refuse, explosives or flammable materials, hazardous substances, animal carcasses or skins, or similar items shall not be stored.

(c) Nothing shall be stored in interior traffic aisles, required off-street parking areas, loading areas or accessways.

(d) The use shall not include a commercial auto repair garage unless that use is permitted in the district and the use meets those requirements.

(e) Adequate lighting shall be provided for security, but it shall be directed away or shielded from any adjacent residential uses.

(f) See § 255-66 concerning bufferyards. Any fencing shall be placed on the inside of the plantings.

(g) Minimum separation between buildings: 20 feet. Maximum length of any building: 300 feet.

(42) Stable, nonhousehold. (Includes riding academies; see also § 255-39D(10), Pets, keeping of.)

(a) Minimum lot area: two acres for the first horse or similar animal, plus one acre for each additional horse or similar animal.

(b) Any horse barn, feed areas, manure storage areas or stable shall be a minimum of 100 feet from any residential lot line. Any corral or fenced-in area shall be set back a minimum of 50 feet from any residential lot line.

(c) Manure shall be regularly collected and disposed of in a sanitary manner that avoids nuisances to neighbors. Manure shall be stored in a manner that prevents it from being carried off by runoff into a creek. Manure shall not be stored within 100 feet of a perennial waterway.

(43) Swimming pool, nonhousehold.

(a) The water surface shall be set back at least 30 feet from any existing dwelling.

(b) Minimum lot area: one acre.

(c) Any water surface within 100 feet of an existing dwelling shall be separated from the dwelling by a bufferyard meeting § 255-66.

(d) Fences, barriers and gates for swimming pools shall comply with the applicable requirements of the Uniform Construction Code.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(e) Drainage. A proper method shall be provided for drainage of the water from the pool that will not flood other property.

(44) Timber harvesting.

(a) If timber harvesting involves more than 1/2 acre, a soil and erosion control plan shall be submitted to the Borough. The Borough may require that the applicant submit such plan to the County Conservation District and pay their required fees.

(45) Townhouses and apartments.

(a) Maximum length and width of an attached grouping of townhouses: 150 feet. Maximum number of apartments that shall be within a building: 12, except no maximum shall apply in a building in which all units are permanently age restricted to at least one resident age 55 and older.

(b) Paved area setback. All off-street parking spaces, except spaces on driveways immediately in front of a carport or garage entrance, shall be set back a minimum of 10 feet from any dwelling.

(c) Garages. It is strongly recommended that all townhouses be designed so that garages and/or carports are not an overly prominent part of the view from public streets. For this reason, parking courts, common garage or carport structures or garages at the rear of dwellings are encouraged instead of individual garages opening onto the front of the building, especially for narrow townhouse units.

(d) Mailboxes. Any mailboxes provided within the street right-of-way should be clustered together in an orderly and attractive arrangement or structure. Individual freestanding mailboxes of noncoordinated types at the curbside are specifically discouraged.

(e) Access. Vehicular access points onto all arterial and collector streets shall be minimized to the lowest reasonable number. No townhouse dwelling within a tract of five or more dwelling units shall have its own driveway entering onto an arterial or collector street.

(f) Common open space. Unless a higher amount of open space is required by another section, a minimum of 25% of the total lot area of the development involving townhouses and apartments shall be set aside as common open space for the residents.

[1] If a development includes over 30 dwelling units that will not be restricted to at least one resident age 55 and older and will not be timeshare dwellings, then the common open space shall at a minimum include a rectangular grass field 50 feet by 150 feet that is suitable for free play by young persons. If all dwellings in a development will be restricted to at least one resident age 55 and older, then the common open space shall at a minimum include landscaped trails that are ADA accessible.

[2] A recreation building or pool available to all residents of the development may count towards the open space requirement. Areas with a width of less than 50 feet shall not count towards this requirement. This requirement shall be in place of any requirement for recreation land or fees under Chapter 220, Subdivision and Land Development.

(46) Treatment center.

(a) See definition in § 255-26.

(b) The applicant shall provide a written description of all conditions (such as criminal parolees, alcohol addiction) that will cause persons to occupy the use during the life of the permit. Any future additions to this list shall require an additional special exception approval.

(c) The applicant shall prove to the satisfaction of the Zoning Hearing Board that the use will involve adequate on-site supervision and security measures to protect public safety.

(d) The Zoning Hearing Board may place conditions upon the use to protect public safety, such as conditions on the types of residents and security measures.

(e) If the use involves five or more residents, a suitable recreation area shall be provided that is supervised by the center's staff.

(47) Veterinarian office (includes animal hospital).

(a) Minimum lot area: one acre.

(b) Any structure in which animals are treated or housed shall be a minimum of 30 feet from any lot line of an existing dwelling. Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot routinely be perceived within any adjacent dwellings.

(c) Animals undergoing treatment may be kept as an accessory use. However, a commercial kennel shall only be allowed if a kennel is permitted in that district and if the applicable requirements are met.

§ 255-39 Additional requirements for accessory uses.

A. General. Accessory buildings, structures or uses that are clearly customary and incidental to a permitted-by-right, special exception or conditional use are permitted by right, except as is provided for in this chapter. A business shall only be conducted as an accessory to a dwelling if specifically permitted by this chapter.

B. Accessory setbacks. The accessory setback requirements of the applicable district shall apply to every accessory building, structure or use unless a standard that is clearly meant to be more restrictive or less restrictive is specifically stated in this article for a particular accessory use. Accessory structure setback requirements shall not apply to permitted surface parking lots, fences or permitted accessory signs.

C. Front yard setback. No accessory structure, use or building shall be permitted in a required minimum front yard in any district, unless specifically permitted by this chapter.

D. Special standards. Each accessory use shall comply with all of the following standards listed for that use:

(1) Antenna, standard (includes amateur radio antenna).

(a) Height. No standard antenna, including its supporting structure, shall have a total height above the average surrounding ground level of greater than 75 feet.

(b) Anchoring. An antenna shall be properly anchored to resist high winds.

(2) Bees, keeping of.

(a) The applicant shall maintain the bees in a manner that does not create a public nuisance.

(b) Bee colonies shall be maintained within hives.

(c) Hives shall be located a minimum of 100 feet from any lot line, except this setback shall be reduced to 50 feet if a six-foot minimum height fence or solid hedge is located along the adjoining lot line for a distance of at least 100 feet from the hives.

(d) The approval to keep bees shall be revoked if the use is maintained in a way that results in unprovoked stinging of persons who are located on other lots or on streets or sidewalks.

(3) Composting as a principal or accessory use (other than raising of mushrooms).

(a) All composting shall be conducted in such a manner that does not create a fire, rodent or disease-carrying insect hazard and does not cause noxious odors off of the subject property.

(b) Composting shall be permitted as an accessory use, provided that the composting is limited to biodegradable vegetative material, including trees, shrubs, leaves, bark and vegetable waste. Such composting shall be kept free of other garbage and animal fats.

(c) Minimum lot area for composting of manure that was not generated on site: 25 acres. Any composting of manure shall comply with the latest edition of the Pennsylvania Manure Management Manual.

(d) Setbacks. Composting areas of greater than one acres shall be set back 75 feet from lot lines of abutting residential lot lines, except that a two-hundred-foot minimum setback shall apply from all lot lines for composting of manure that was not generated on site.

(4) Day care, child, as accessory to a dwelling.

(a) See § 255-32 and the definitions in § 255-26 concerning the number of children who can be cared for in different zoning districts in a family day-care home or a group day-care home.

(b) In any case, seven to 12 children (other than children who are related to the primary caregiver) shall only be cared for at one time within a single-family detached dwelling with a minimum lot area of 30,000 square feet and a twenty-foot minimum setback from all existing dwellings on another lot(s). Four to six children (in addition to children who are related to the primary caregiver) shall only be cared for at one time within a dwelling that is not attached to another dwelling. The care of fewer numbers of children may occur within any lawful dwelling unit. If a use involves the care of 13 or more children, it shall be considered to be a principal day-care center, except as accessory to a place of worship or school.

(c) The dwelling shall retain a residential appearance with no change to the exterior of the dwelling to accommodate the use, other than cosmetic improvements.

(d) The use shall be actively operated by a permanent resident of the dwelling.

(e) If four or more children are cared for who are not related to the primary caregiver, then a minimum of 400 square feet of exterior play area shall be available, surrounded by a six-foot high secure fence.

(f) See also day-care center as a principal use in § 255-38A(16), and day care as accessory to a place of worship in § 255-32B.

(g) The use shall comply with any applicable state and federal regulations, including having an appropriate State Department of Human Services (or its successor agency) registration certificate or license if required by such agency.

(h) The use shall include a secure fence around any outdoor areas abutting streets that are routinely used for outdoor play.

(5) Drive-through facilities.

(a) The proposed traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets.

(b) On-lot traffic circulation and parking areas shall be clearly marked.

(c) A drive-through use shall be designed with space for an adequate number of waiting vehicles while avoiding conflicts with traffic onto, around and off of the site. Any drive-through facilities shall be designed to minimize conflicts with pedestrian traffic. For a drive-through restaurant, the drive-through lane shall be able to accommodate a minimum stacking of eight motor vehicles without blocking other aisles, entrances or exits. For other uses, such minimum stacking shall be reduced to four vehicles. Drive-through facilities shall be designed and located to minimize conflicts with the main pedestrian movements on the site.

(6) Fences and walls.

(a) Fences and walls are permitted by right in all districts. Any fence or wall shall be durably constructed and well-maintained. Fences that have deteriorated shall be replaced or removed.

(b) No fence, wall or hedge shall obstruct the sight distance as required by § 255-66C and/or Chapter 220, Subdivision and Land Development.

(c) Fences.

[1] (Reserved)[1]

[1] Editor's Note: Former subsection D(6)(c)[1], permitting the installation of fences in front yards, was repealed 12-19-2017.

[2] On a corner lot, a fence or wall shall meet the same requirements along both streets as would apply within a front yard. A fence shall not be required to comply with minimum setbacks for accessory structures.

[3] Height. A fence located in a residential district in a location other than a required front yard shall have a maximum height of 6.5 feet, and eight feet in any other district, except a maximum of height of 12 feet shall be permitted around a tennis court or where the applicant proves to the Zoning Officer that such taller height is necessary to protect public safety around a specific hazard.

[4] Setbacks. No fence shall be built within an existing street right-of-way. A fence may be constructed along a lot line, but not on the lot line itself. However, a fence shall be located on the inside of any buffer plantings required by § 255-66. Where no setback is required, a one foot or greater setback is recommended to provide for future maintenance of the fence and to account for possible inaccurate lot lines.

[5] Fence materials. Barbed wire shall not be used as part of fences around dwellings in residential districts. Electrically charged fences shall only be used to contain farm animals, and shall be of such low intensity that they will not permanently injure humans. No fence or wall shall be constructed out of fabric, junk, junk vehicles, appliances, drums or barrels.

(d) Walls.

[1] Engineered retaining walls necessary to hold back slopes are exempted from setback regulations and the regulations of this section, and are permitted by right as needed in all districts. However, if a retaining wall is over eight feet in height, it shall be set back a minimum of 15 feet from a lot line of an existing dwelling.

[2] No wall of greater than three feet shall be located in the required front yard in a residential district, except as a backing for a permitted sign as permitted in § 255-55.

[3] A wall in a residential district outside of a required front yard shall have a maximum height of three feet if it is within the minimum accessory structure setback.

[4] Walls that are attached to a building shall be regulated as a part of that building.

(7) Garage sale (includes yard sale, moving sale and porch sale).

(a) See definition in Article II. A garage sale shall not include wholesale sales, nor sale of new merchandise of a type typically found in retail stores.

(b) Each dwelling may have a maximum of six garage sales in any calendar year. Each sale shall be limited to three days, which shall be consecutive.

(c) No toxic or alcoholic beverages shall be offered for sale at a garage sale.

(d) See the sign provisions for garage sales in Article VII.

(8) Home occupations.

(a) All home occupations shall meet the following requirements:

[1] The use shall be conducted primarily by a permanent resident of the dwelling, and involve a maximum of one person working on site at any one time who does not reside within the dwelling. A maximum of one nonresident employee shall visit the property on a daily basis or operate a vehicle based at the property.

[2] The use shall be conducted indoors. No outdoor storage or display related to the home occupation shall be permitted. No changes shall occur to the exterior of a building that would reduce its residential appearance as viewed from a street.

[3] The use shall occupy an area that is not greater than 25% of the total floor area of the principal dwelling unit. The use shall clearly be secondary to the residential use.

[4] One off-street parking space shall be required per nonresident employee. In addition, for a general home occupation, the Zoning Hearing Board shall require additional off-street parking if the Board determines it is necessary for customer parking.

[5] The use shall not require delivery by tractor-trailer trucks.

[6] The regulations of § 255-39D(11)(d) regarding parking of trucks shall apply to a home occupation. No excavating equipment shall be parked overnight on a residential lot or an adjacent street as part of a home occupation.

[7] No equipment or machinery shall be permitted that produces noise, noxious odor, vibration, glare, electrical or electronic interference detectable on another property. The use shall not involve the storage or use of hazardous, flammable or explosive substances, other than types and amounts typically found on a residential property. The use shall not involve the storage or use of toxic or highly hazardous substances.

[8] A home occupation shall not be conducted in a manner that is perceptible to other residents between the hours of 9:00 p.m. and 7:30 a.m.

[9] Any tutoring or instruction shall be limited to a maximum of three students at a time.

[10] A barber or beauty shop shall not include any nonresident employees.

[11] The main office of a medical doctor, chiropractor or dentist shall not be permitted as a home occupation.

[12] A home occupation may include one two-square-foot nonilluminated sign, as permitted by Article VII.

[13] The Zoning Hearing Board shall deny a general home occupation application, or limit its intensity through conditions, if the Board determines the use would be too intense for the proposed location. In making such determination, the Board shall review the likely amounts of traffic, the types of operations involved and related nuisances, the amount of off-street and on-street parking that is available, the density of the neighborhood, whether the use would be adjacent to another dwelling, and setbacks from other dwellings.

[14] The use shall not involve manufacturing, other than of custom crafts and sewing. The use shall not involve commercial repair of motor vehicles.

[15] The use may include sales using telephone, mail order or electronic methods. On-site retail sales shall be prohibited, except for sales of hair care products as accessory to a barber/beauty shop.

[16] If more than one home occupation is accessory to a dwelling, the total aggregate impact of the home occupations shall be considered in determining compliance with this chapter.

[17] A zoning permit shall be required for any home occupation.

(b) In addition to the requirements listed in Subsection D(8)(a) above, the following additional requirements shall apply to a light home occupation:

[1] The use shall not routinely involve routine visits to the home occupation by customers or more than one nonresident employee at a time.

[2] The use shall only involve the following activities:

[a] Work routinely conducted within an office;

[b] Custom sewing and fabric and basket crafts;

[c] Cooking and baking for off-site sales and use;

[d] Creation of visual arts (such as painting or wood carving);

[e] Repairs to and assembly of computers and computer peripherals; and

[f] A construction tradesperson, provided that a maximum of one nonresident employee shall routinely operate from the lot.

[3] The term light home occupation also includes, but is not limited to, any use that meets the definition of a "no-impact home-based business" in the State Municipalities Planning Code.

(9) Outdoor storage and display, commercial or industrial as a principal or accessory use.

(a) Location. Outdoor storage or display shall not occupy any part of any of the following: the existing or future street right-of-way, sidewalk or other area intended or designed for pedestrian use or required parking area.

(b) No such storage or display shall occur on areas with a slope in excess of 25% or within the one-hundred-year floodplain.

(c) Screening. See § 255-66.

(d) Tire storage.

[1] For tires not mounted on a motor vehicle, any outdoor storage of more than five tires on a lot in a residential district or more than 50 used tires in a nonresidential district shall only be permitted as part of a Borough-approved junkyard.

[2] The outdoor storage of more than 50 used tires shall be limited to the Industrial District.

[3] Where allowed, any storage of used tires shall involve stacks with a maximum height of 15 feet, and that cover a maximum of 400 square feet. Each stack shall be separated from other stacks from all lot lines by a minimum of 75 feet. If the same set of tires is stored on a lot for more than six months, they shall be stored within a building or trailer.

[4] The operator of a lot involving tire storage shall prove that the tires are stored in a manner that minimizes public health hazards from the breeding of vectors in accumulated water and/or that the site is regularly sprayed to minimize vectors.

(10) Pets, keeping of.

(a) This is a permitted by right accessory use in all districts.

(b) No use shall involve the keeping of animals or fowl in such a manner or of such types of animals that it creates a serious nuisance (including noise or odor), a health hazard or a public safety hazard. The owner of the animals shall be responsible for collecting and properly disposing of all fecal matter from pets. No dangerous animals shall be kept outdoors in a residential district, except within a secure, completely enclosed cage or fenced area of sufficient height or on a leash under full control of the owner.

(c) A maximum combined total of six dogs and cats shall be permitted to be kept by residents of each dwelling unit.

[1] Such limits shall only apply to dogs or cats over six months in age.

[2] If a lot includes more than three acres, then the maximum combined total number of allowed dogs and cats shall be increased to 10. Any greater number of dogs and/or cats shall need approval as a kennel.

[3] No limit shall apply to the number of cats kept on a farm of more than 20 acres.

(d) Pigeons, chickens, roosters, ducks, geese and/or similar fowl shall not be kept on a lot of less than one acre. However, if the total weight of such fowl is 200 to 500 pounds, then a minimum lot area of three acres shall be required. If the total weight of such fowl is over 500 pounds, then the requirements shall be met for raising of livestock or poultry.

(e) Any keeping of pets shall only be permitted provided it does not create unsanitary conditions or noxious odors for neighbors.

(f) Horses. Minimum lot area: two acres for first horse or similar animal, plus one acre for each horse or similar animal in excess of one. Any horse barn, feed areas, manure storage areas or stable shall be a minimum of 75 feet from any residential lot line.

[1] However, as a special exception, the minimum lot area for keeping one horse may be reduced to one acre, as an accessory use to a detached dwelling, provided: the horse is the principal mode of transportation for the resident; and adequate, safe and healthful means of disposal of animal waste is used at all times.

(g) Only those pets that are domesticated and are compatible with a residential character shall be permitted as keeping of pets. Examples of permitted pets include dogs, cats, rabbits, gerbils and lizards.

[1] The following and similar animals shall not be kept as pets, except that the Zoning Hearing Board may approve a particular number and type of species as a special exception if the applicant proves they will not cause nuisances or hazards: bears, wolves, wolf-dog hybrids, cows, venomous snakes that could be toxic to humans, hogs or sheep.

(h) It shall be unlawful on a residential lot to keep any exotic wildlife as defined by the Pennsylvania Game & Wildlife Code, whether or not an exotic wildlife possession permit has been issued.

(i) The Zoning Hearing Board may approve, as a special exception use, a modification of the keeping of pets requirements if the applicant proves that the property is adjacent to undeveloped or nonresidential land and that there will be minimal impacts to neighboring properties from the special exception.

(11) Residential accessory structure or use (see definition in Article II).

(a) Accessory structures and uses (other than fences) shall not be located within the required accessory use setback as stated in § 255-33A, unless specifically exempted by this chapter. Accessory structures shall not be located within a front yard, nor within any yard required to be equal in width to a front yard along a street on a corner lot. See accessory setback regulations in § 255-33.

(b) Accessory buildings in a residential district on a lot of less than two acres shall meet the following requirements:

[1] Maximum total floor area of all accessory buildings: 1,000 square feet.

[2] Maximum of two accessory buildings per lot.

(c) Height. See § 255-33B.

(d) Parking of commercial trucks. The overnight outdoor parking of commercial trucks or a trailer from a tractor-trailer combination on a principal residential lot in a residential district shall only be allowed if it is needed to travel to and from work and if the following additional requirements are met:

[1] A maximum of two vehicles may be parked provided they have a maximum of 14,000 pounds aggregate gross vehicle weight.

[2] A maximum of one vehicle may be parked with an aggregate gross vehicle weight of over 14,000 pounds aggregate gross vehicle weight or the tractor or trailer of a tractor-trailer combination may be parked, provided such vehicle is kept a minimum of 50 feet from any dwelling on another lot.

[3] A maximum of one piece of construction equipment that is not primarily intended for on-road use shall be stored outdoors overnight in a residential district within view of another dwelling.

(e) Repairs. Repairs of a truck with an aggregate gross vehicle weight of over 14,000 pounds aggregate gross vehicle weight shall not occur on a residential lot. Repairs of motor vehicles that are not owned or leased by a resident of the lot or his/her relative shall not occur on a residential lot.

(f) See setback exceptions in § 255-66B.

(g) Unlicensed vehicles. See the separate Borough ordinance on this matter.

(h) Recreational vehicles or boats. A recreational vehicle or boat with a length of 24 feet or greater shall not be parked in the front yard of a dwelling in a residential district during more than two days in any seven-day period.

(12) Retail sales of agricultural products as an accessory use.

(a) The use shall be an accessory use incidental to a crop farming, greenhouse, plant nursery, orchard, winery or raising of livestock use.

(b) The only retail sales shall be of agricultural products and horticultural products, in addition to any handmade crafts produced by the operator of the market and/or his/her family. An average of not less than 25% of the products sold on site shall have been produced by the operator or his/her family. This percentage may vary month to month, provided that the average is met.

(c) Off-street parking shall be provided in compliance with the provisions of Article VI. No parking shall be permitted in such a way that it creates a safety hazard.

(d) Any structure erected for this use that are not clearly permanent in nature shall be disassembled during seasons when products are not offered for sale.

(e) Signs. See Article VII.

(f) No stand shall be located closer than: 50 feet from a lot line of an existing dwelling, 25 feet from any other lot line or 100 feet from the closest intersecting point of street rights-of-ways at a street intersection, unless the sales occur within a dwelling or barn that existed prior to the adoption of this chapter.

(g) A maximum total of 5,000 square feet of building floor area shall be used for such use.

(h) The use may occur within an existing dwelling, a barn or a separate stand. Any stand shall be maintained in good condition.

(i) The retail sales shall be located on land owned by the operator of the market or upon a tract of five acres or more which the operator of the market actively farms.

(j) The applicant shall prove to the Zoning Officer that the driveway has adequate sight distance, based upon the PennDOT standards that would apply to a normal commercial establishment along a state road, regardless of whether a PennDOT permit would be needed.

(13) Sewage sludge/biosolids, land application of.

(a) The applicant shall prove written evidence to the Borough that sufficient safeguards will be in place to protect the public health and safety and the water quality of groundwater and surface waters. This should include, but not be limited to, provisions for regular testing of the material that is spread and for ongoing water quality monitoring.

(b) A copy of all test results of the material that is spread and any test results of water quality shall be provided to the Zoning Officer within seven days after they are received by the operator of the use or the landowner.

(14) Swimming pool, household (referred to hereafter as "pool").

(a) Fences, barriers and gates for swimming pools shall comply with the applicable requirements of the Uniform Construction Code.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(b) A swimming pool shall not be located in a front yard. The water surface and any raised decking of a swimming pool shall be set back a minimum of eight feet from side and rear lot lines.

(15) Unit for care of relative.

(a) The use shall meet the definition in § 255-26. See also provisions in § 255-32, Subsection B, Permitted accessory uses in all districts.

(b) One of the two dwelling units on the lot shall be occupied by a maximum of two persons, who shall be relatives of the permanent residents of the principal dwelling unit. At least one resident of the second dwelling unit shall need such accommodations because of an illness, old age or disability.

(c) The applicant shall prove to the Zoning Officer that the accessory unit has been designed and constructed so that it can be easily reconverted into part of the principal dwelling unit, or be completely removed, or be converted into a lawful accessory use after the relative no longer resides within the unit. Such accessory unit may be converted into an additional bedroom(s), permitted home occupation area or similar use. A lawful detached garage may be converted into a unit for care of relative, and then be reconverted to a garage or permitted home occupation area. If the unit for care of relative will be attached to the principal dwelling unit, then an interior door shall connect the two units.

(d) The applicant shall establish a legally binding mechanism in a form acceptable to the Borough that will prohibit the use of the accessory unit as a separate dwelling unit after the relative no longer resides within the unit. Such mechanism shall also be binding upon future owners.

(e) The owner of the property shall be required to annually renew the permit for the use. Such renewal shall be conditioned upon the owner proving that a relative of the occupants of the principal dwelling unit continues to reside within the accessory unit.

(f) Such accessory unit shall not decrease the one-family residential appearance of a one-family dwelling, as viewed from exterior property lines. The accessory unit shall be attached to the principal dwelling unit, except for a detached dwelling unit that is specifically approved by the Zoning Hearing Board. If a detached dwelling is placed on the property, it shall be completely removed within 90 days after the relative no longer lives within it. A detached dwelling shall only be placed on the lot if it will meet principal building setbacks.

(g) Additional parking for the accessory unit is not required if the applicant proves that the resident(s) of the accessory unit will not routinely operate a vehicle.

(h) Any on-lot septic system shall be recertified if the sewage flows will increase.