[HISTORY: Adopted by the Council of the Borough
of Baden as indicated in article histories. Amendments noted where
applicable.]
[Adopted 12-28-1983 by Ord. No. 751]
A.
Long title: An ordinance of the Borough of Baden,
Beaver County, Pennsylvania, amending all prior ordinances dealing
with and regulating and restricting the height, number of stories
and size of buildings and other structures; their construction, alteration,
extension and all facilities and services in and about such buildings
and structures; the percentage of lot that may be occupied, the size
of yards, courts and other open spaces; the density of population
and the location and use of buildings, structures and land for trade,
industry, residence or other purposes; establishing and maintaining
building lines and setback building lines upon any or all public roads
and highways; establishing for such purposes districts and defining
the boundaries thereof; providing for appointment of a Zoning Hearing
Board and setting forth the duties and functions of said Board; providing
for the administration and enforcement of this article and imposing
fines and penalties for violation.
B.
Short title: This article shall be known and may be
cited as the "Zoning Ordinance of the Borough of Baden," and the district
map shall be known and may be cited as the "Borough of Baden Zoning
Map."
A.
This article has been enacted for the purpose of lessening
congestion on the roads and highways; to secure safety from fire,
panic and other danger; to promote health, morals and the general
welfare; to provide adequate light and air; to prevent the overcrowding
of land; to avoid undue congestion of population; to facilitate the
adequate provision of transportation, water, sewage, schools, parks
and other requirements.
B.
Community development objectives. This article has
been enacted as a means of furthering the community development objectives
of the Borough of Baden as delineated in the document, Future Land
Use and Policy Guidelines, 1983. The more particularized community
development objectives relate to the following elements:
(1)
Creation and maintenance of orderly development patterns
and the coordination of relationships between living, working and
recreation areas of the community to provide for functionally distinguishable
but complimentary districts.
(2)
Improvement of the aesthetic quality of the community.
(3)
Protection of the residential character and qualities
of the community.
(4)
Maintenance and expansion of the municipal economic
base.
(5)
Protection of the natural environmental quality and
significant open space features throughout the Borough.
(6)
Control of population density consistent with the
ability of the community to expand in an orderly manner.
(7)
Development of accessways, utilities, municipal services
and community facilities consistent with local needs.
(8)
Prevention of blight, preservation of the value of
property and to seek the highest and best use of developable land
areas.
A.
Interpretation. For the purpose of this article, certain
terms and words shall be interpreted or defined as follows:
(1)
Words used in the present tense shall include the
future.
(2)
Words used in the singular shall include the plural,
and the plural shall include the singular.
(3)
The word "person" includes a corporation as well as
an individual.
(4)
The word "lot" includes the words "plot" or "parcel."
(5)
The term "shall" is always mandatory.
(6)
The words "used" or "occupied," as applied to any
land or building, shall be construed to include the words "intended,"
"arranged" or "designed to be used or occupied."
(7)
The word "building" includes the word "structure."
(8)
The word "erected" shall include the word "constructed."
(9)
The word "moved" shall include the word "relocated."
B.
ACCESSORY BUILDING OR STRUCTURE
(1)
(a)
(b)
(c)
(d)
(2)
(3)
ACCESSORY USE
ALTERATION
ALTERATION, STRUCTURAL
APARTMENT
AUTOMOTIVE REPAIR
BASEMENT or CELLAR
BILLBOARD
BUILDING
BUILDING AREA
BUILDING HEIGHT
BUILDING LINE
CARPORT
CLINIC
CLUSTER DEVELOPMENT, RESIDENTIAL
COMMERCIAL BUSINESS
COMMISSION, PLANNING
CONDITIONAL USE
CONVERSION APARTMENT
COVERAGE
DAY-CARE CENTER
DAY-CARE/FAMILY HOME
DWELLING
(1)
(2)
(3)
ESSENTIAL SERVICES
FAMILY
FLOOR AREA
GARAGE
GARDEN (APARTMENT) DWELLING
GROUP RESIDENTIAL FACILITY
HEIGHT
HOME GARDENING
HOME OCCUPATION
HOSPITAL
HOTEL or MOTEL
INSTITUTIONAL FACILITY
JUNK
JUNKYARD
KENNEL
LOT
(1)
(2)
(3)
(4)
(5)
MANUFACTURING, LIGHT
MINIWAREHOUSE
MULTIPLE DWELLING
NEIGHBORHOOD COMMERCIAL
NONBUSINESS USES
NONCONFORMING USE
PERSONAL SERVICES
PHILANTHROPIC USE
PLANNED UNIT RESIDENTIAL DEVELOPMENT
PRINCIPAL USE
PRIVATE CLUB, LODGE
PROFESSIONAL OFFICE
RECREATION
(1)
(2)
ROW HOUSE or TOWNHOUSE
SCREEN (BUFFER) PLANTING
SERVICE (FILLING) STATION
SIGNS
SPECIAL EXCEPTION
STORY
STREET
STREET LINE
STRUCTURE
TRAILER COURT or MOBILE HOME COURT
TRAILER or MOBILE HOME
TRAILER, CAMPING
USE
VARIANCE
YARD
(1)
(2)
(3)
ZONING HEARING BOARD
ZONING MAP
ZONING OFFICER
ZONING PERMIT
Meaning of words. Unless otherwise expressly stated,
the following words shall, for the purpose of this article, have the
meanings herein indicated:
Includes but is not limited to the following, which are subordinate
to the principal buildings or uses on the same lot:
In all residential zones:
Children's playhouse, picnic shelter, greenhouse
(noncommercial), garage, carport, garden house or storage building
for domestic storage.
Swimming pool, ornamental pool, tennis court,
basketball court or similar private recreational facility.
Storage of camping trailers, boats and similar
equipment, which are owned or leased for noncommercial purposes, for
the use of the residents of the premises.
Home gardening.
A use which is subordinate and incidental to the main use
or uses on the same lot or premises. Said uses shall not include nonconforming
uses under the terms of this article.
As applied to a building or structure, a change or rearrangement
in the structural parts or exit facilities or an enlargement, whether
by extending on a side, front or rear or by increasing in height,
or the moving from one location to another, or any change in use from
that of one zoning district classification to another.
Any change in the supporting members of a building, such
as bearing walls, columns, beams, girders or foundations.
A room or suite of rooms in a multifamily structure designed
for use as a single housekeeping unit and which contains a functional
kitchen, bath and toilet facilities, permanently installed.
Engine maintenance, repair or reconditioning, collision repair,
including straightening and repainting, replacement of parts and incidental
services.
A portion of a building partly or completely below grade.
It shall be considered a building story if more than 50% of its clear
height is above the average level of the adjoining ground.
Structure, building wall or other outdoor surface used to
display lettered, pictorial, sculptured or other matter which directs
attention to any product, announcement, commodity or service offered
only elsewhere than on the premises, or as a minor and incidental
service on the premises.
An independent and detached structure having a roof supported
by columns or walls or resting on its own foundation; including but
not limited to mobile homes, garages, greenhouses and other accessory
buildings, and utilized for housing, shelter or enclosure of persons,
animals, chattel or activity sites.
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings,
exclusive of uncovered porches, patios, terraces and steps.
The vertical distance measured from the average elevation
of the finish grade.
The line of that face of the building nearest the front line
of the lot. This face includes porches, whether enclosed or not, patios
and similar construction, but excludes steps.
A usable covered space of not less than 10 by 20 feet for
storage of private automobiles, located independently on the lot so
as to meet the requirements of this article for an accessory building
or, if attached to the main building, to meet all requirements applicable
to the main building.
An establishment where human patients are examined and treated
by doctors, technicians, dentists or similar professional practitioners
on an outpatient basis not involving overnight detaining.
The development of an area of land as a single entity, for
a variety of housing types and related uses, under specified performance
and dimensional requirements which permit specified variations to
standard zoning regulations which apply to the zoning district in
which the cluster development is permitted.
Engaging in a business, enterprise, activity or other undertaking
related to or connected with trade and traffic or commerce in general.
The legally appointed Planning Commission of the Borough
of Baden, Beaver County, Pennsylvania.
A use of land to be permitted or denied by the governing
body following study and recommendations by the Planning Commission,
pursuant to express standards and criteria set forth in this article.
A suite of rooms, consisting of at least one private bedroom,
one additional habitable room, one bathroom and separate and private
sanitary cooking facilities, designed or intended for occupancy by
one family, which is established in a portion of a building originally
used or designed for residential use as a single-family unit.
That percentage of the lot area covered by the principal
and accessory structures.
A facility in which child day-care services are provided
for seven or more school age, preschool or infant children in an institutional-related
structure suitable for such functions.
[Added 6-15-1994 by Ord. No. 820]
Any family residence other than a child's own home or the
home of a child's relative, operated for profit or not for profit,
in which child day-care is provided at any one time to four, five
or six school-age children (the date the child initially enters the
first grade of a public or private school system to 12 years of age),
preschoolers (approximately three years of age to initial school entry
at the first grade level of a public or private school system) or
to infants and toddlers (from birth to approximately three years of
age) who are not relatives of the caregiver.
[Added 6-15-1994 by Ord. No. 820]
A building or portion thereof providing complete housekeeping
facilities for one family.
DWELLING, SINGLE-FAMILYA detached building designed for or occupied exclusively as a residence for one family.
DWELLING, DUPLEXA detached building designed for or occupied exclusively by two families living independently of each other, with separate entrances.
DWELLING, MULTI- OR MULTIPLE-FAMILYA structure containing three or more separate dwelling units for families living independently of each other, but which may provide joint services and/or facilities.
The erection, construction, alteration or maintenance by
public utilities, municipal departments or commissions, including
buildings necessary for furnishing adequate services, for public health,
safety or general welfare.
One or more persons who live together in a single housekeeping
unit and maintain a common household, as distinguished from a group
occupying a boardinghouse or a group residential facility, as hereinafter
specifically provided for in the provisions of this article. A family
may consist of a single person or of two or more persons, whether
or not related by blood, marriage or adoption.
[Amended 6-15-1994 by Ord. No. 820]
The sum of the gross horizontal areas of the several floors
of a building, measured from the exterior faces of exterior walls
or from the center line of common walls separating buildings. For
determining parking and loading space requirements under this article,
the following areas shall not be included: cellar storage areas, elevator
shafts and stairwells, floor area for mechanical equipment required
to service the needs of the building, open terraces, breezeways and
open porches.
A "private garage" is an accessory building with area for
housing motor-driven vehicles, which is the property of and for the
use of the occupants of the lot on which the garage is located. A
"public or private garage" is any garage other than a "private garage,"
as defined herein, available to clients, operated for gain and which
is used for storage, repair, rental, lubricating, washing and servicing
or equipping of motor vehicles.
A multifamily residential building, not exceeding three stories
in height, in which units are arranged side to side, back to back
or one above another, which may have either private external entrances
or common hall access and which may have private exterior yard area
for each unit.
A facility typically referred to as a "care home," "halfway
house," "convalescent home" or similar designation, that is situated
in and operated from a single-family detached residential structure
that provides room, board and limited supervised health, social or
rehabilitative services in a family living environment. Such facilities
and related services shall be limited to individuals who, because
of age, infirmity, convalescence, disability or related circumstances,
require specialized accommodations but who are not in need of hospitalization
or incarceration. Nothing in this definition shall be construed to
include a hospital or institutional facility, as hereinafter defined
and provided for in this article, or any other facility which provides
for persons who are unable, by reason of being in some manner impaired,
to reside and commune in a common single-family environment in an
independent manner.
[Added 6-15-1994 by Ord. No. 820]
The height of a building shall be measured from the mean
level of the ground at the periphery of a building to a point midway
between the highest and lowest points of the roof. Chimneys, spires,
towers, tanks and similar projections shall not be included in calculating
the "height."
The cultivation of herbs, fruits, flowers or vegetables on
a piece of ground adjoining the dwelling.
An accessory use of a service or product-oriented character
conducted within a dwelling unit by the residents thereof, which is
clearly subordinate to the use of the dwelling for living purposes
and does not change the character thereof or have exterior evidence
of such subordinate use other than a small announcement sign, and
in connection therewith, there is not involved the exterior keeping
of or exhibition of stock-in-trade. In the pursuit of such activities,
all operations shall be conducted indoors.
Includes sanitarium, clinic, rest home, nursing home, convalescent
home and any place utilized for the diagnosis, treatment or other
care of humans which provides for overnight accommodation.
A building or a group of buildings in which lodging is provided
and offered to the general public or to a select group of patrons
for compensation.
An establishment that provides room and board to persons
who are residents by virtue of receiving supervised specialized services
limited to health, social and/or rehabilitative services provided
by a governmental agency, their licensed or certified agents or any
other responsible social service corporation. Hospitals, mental health
establishments and nursing homes shall be considered "institutional
facilities." "Institutional facilities" may include day-care facilities
and housing resources for staff and associated personnel.
[Added 6-15-1994 by Ord. No. 820]
Any discarded material or article and shall include but shall
not be limited to scrap metal, abandoned or junked motor vehicles
or vehicle parts, machinery or machinery parts, papers, glass and
related items, containers or partially dismantled structures or parts
thereof. It shall also include a partially dismantled motor vehicle
not bearing current registration plates and which is not in the process
of ongoing and immediate repair. It shall not include refuse or garbage
kept in a proper container for the purpose of prompt disposal.
The use of more than 200 square feet of the area of any lot
for storage, keeping or abandonment of junk.
Any structure, pen or area set aside for the breeding, boarding,
show, grooming or keeping of dogs, cats or similar domestic animals.
For purposes of this article, the keeping of four or more such animals
shall be deemed a "commercial kennel."
The parcel of land on which a main building and any accessory
buildings are placed, together with the required open spaces.
LOT AREAThe horizontal surface area within the lines of the lot.
LOT, CORNERA lot at the junction of and having frontage on two or more intersecting streets or roads.
LOT DEPTHThe mean horizontal distance between the front and rear lot lines.
LOT, FRONT LINEIn the case of a corner lot, a line separating the narrowest frontage of the lot from the street; and in the case of an interior lot, a line separating the lot from the street or place.
LOT WIDTHThe mean horizontal distance across the lot between the side lot lines measured at right angles to the depth.
The processing, handling or fabrication of materials and
products, where no processes are involved which will produce noise,
vibration, air pollution, fire hazard, noxious emission, traffic or
other factors which will disturb or endanger neighboring properties.
A building or portion thereof designed and used for storing
personal property of an individual or family separate from their residential
site. This shall not include the storage of any merchandise, stock,
furnishings or vehicles in conjunction with a business or commercial
activity.
[Added 6-15-1994 by Ord. No. 820]
A building designed for and occupied exclusively as a residence
for two or more families living independently of each other, including
houses separate except for common adjoining walls.
A neighborhood-oriented commercial facility that provides
essential everyday needs to the residents of the immediate community
and is not dependent upon transient or nonresident trade.
Service or charitable activities conducted on a voluntary
or nonprofit basis by individuals or public or service groups and
organizations.
A building, structure or premises lawfully occupied at the
time of the enactment of this article by a use that does not conform
to the provisions of this article for the district in which it is
located; also such use resulting from amendments to the Zoning District
Map or in text provisions made hereafter.
The provision of services, as opposed to goods, designed
to meet an individual's and a neighborhood's everyday needs in day-to-day
life whether those needs are necessities or nonessentials, such as
but not exclusively beauty/barber shops, nail boutiques, laundromats,
dry cleaners, or financial institutions. However, this term shall
not include any service that is otherwise specifically defined in
this article.
[Added 1-19-2005 by Ord. No. 889]
Limited to public and semipublic activities which involve
and relate exclusively to charitable, benevolent and public-oriented
service functions, such as provided by the American Red Cross, Salvation
Army, social centers sponsored by public or semipublic organizations
or similar groups.
Development of a tract of land for primarily residential
purposes under single ownership or control, the development of which
is unique and of a substantially different character than that of
the surrounding area. Such development shall be based on a plan that
allows for flexibility of design not available under standard zoning
district requirements.
The major or dominant use of a lot.
An organization catering exclusively to members and their
guests at premises for social, recreational or athletic purposes which
are not conducted primarily for gain, provided that any merchandising
or commercial activities are conducted only as required generally
for the membership of such organization.
An office or business conducted by an individual or association
dealing with medicine, law, accounting, real estate, architecture,
engineering, finance or related services.
MUNICIPAL RECREATIONDeveloped or undeveloped open spaces and/or structures and facilities which are provided by a governmental body for public use for the purposes of play, amusement or relaxation. Such uses may include sports facilities, parks, assembly buildings, passive areas, gardens and related amenities.
PRIVATE RECREATIONDeveloped or undeveloped open spaces and/or structures and facilities which are provided by individuals or private organizations for the use of specified individuals or groups of individuals sharing common relationships or associations for the purposes of play, amusement or relaxation. Such uses may include sports facilities, parks, assembly buildings, passive areas, gardens and related amenities.
A multifamily dwelling structure consisting of at least three
single-family dwelling units that are attached side by side by unpierced
party walls.
An arrangement of vegetative material of sufficient height
and density to conceal from view of property owners in adjoining residential
districts the structures and uses on the premises on which the screen
or buffer planting is located.
A building, buildings, premises or portions thereof which
are used for the retail sale of gasoline or other fuel for motor vehicles
as well as minor automobile repair and servicing.
Any writing (including letter, word or numeral); pictorial
representation (including illustration or decoration); emblem (including
device, symbol, trademark, banner or pennant); or any other figure
of similar character, which:
The permission or approval expressly granted by the Zoning
Hearing Board after formal application in situations where provision
therefor is made by the terms of this article.
That portion of a building included between the surface of
any floor and the surface of the floor next above it or, if there
is no floor above it, then the space between the floor and the ceiling
next above it.
A public or private way, other than an alley, which affords
the principal means of access to abutting properties. A street may
be designated as a highway, thoroughfare, parkway, boulevard, road,
avenue, lane, drive, place or other appropriate name.
The line defining the edge of the legal width of a dedicated
street right-of-way.
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having location
on the ground.
Any plot of ground upon which provision is made for two or
more trailers (mobile homes) occupied for dwelling or sleeping purposes.
The terms "trailer" or "mobile home park," "camp" or similar designations
shall be interpreted to have the same meaning as the term "trailer
court" or "mobile home court."
A mobile dwelling that is movable or portable by virtue of
being constructed in a manner to permit its movement on its own chassis
and designed without a permanent foundation, regardless of whether
a permanent or semipermanent foundation is actually provided, and
containing sleeping accommodations, a flush toilet, tub and/or shower
bath, kitchen facilities and plumbing and electrical connections for
attachment to outside systems.
A portable vehicular structure built on a chassis and designed
for use as a temporary dwelling for travel, recreation and vacation
uses.
The purpose of the activity for which the land or building
thereon is designed, arranged or intended or for which it is occupied
or maintained. The term "permitted use" or its equivalent shall not
be deemed to include any nonconforming use.
A modification of the literal provisions of this article
which the Zoning Hearing Board is permitted to grant when strict enforcement
of said provisions would cause undue hardship owing to circumstances
unique to the individual property on which the variance is sought.
A space on the same lot with a principal structure, open,
unoccupied and unobstructed by structures, except as may be otherwise
provided in this article.
YARD, FRONTA yard extending across the full width of the lot, unoccupied other than by steps, walks, terraces, driveways, lampposts and similar improvements, the depth of which is the least distance between the front lot line and the building line.
YARD, REARA yard extending across the full width of the lot between the rear of the principal building and the rear lot line, unoccupied other than by steps, walks, terraces, driveways, lampposts and similar improvements.
YARD, SIDESA yard between the principal structure and the side lot line, extending from the front yard, or from the front line where no front yard is required, to the rear yard. The width of the required side yard is measured horizontally, at 90° with the side lot line, from the nearest part of the principal building.
The Board assigned the duties of judging various appeals
of persons aggrieved by the interpretation of this article and further
assigned to consider the qualification of special exceptions under
the terms and conditions specified in this article.
The Zoning Map or maps which are part of this article, together
with all amendments subsequently adopted.
The individual authorized by the legislative body to be the
administrator of the day-to-day application of the provisions contained
in this article.
A statement signed by the Zoning Officer indicating that
the application for permission to construct, alter or add is approved
and in accordance with the requirements and terms of this article.
[Amended 12-20-1995 by Ord. No. 832]
For the purpose of applying the provisions of
this article, the Borough of Baden is hereby classified and divided
into the following Zoning Districts:
|
R-1 Suburban Residential District
|
|
R-2 General Residential District
|
|
R-3 Urban Residential District
|
|
R-4 Conservation Residential District
|
|
C-1 Local Business District
|
|
C-2 Highway Commercial District
|
|
C-3 General Commercial District
[Added 2-16-2004 by Ord. No. 853] |
|
LI Light Industrial District
|
|
F Floodplain District
|
The location of the boundaries of the established
zoning districts are shown on the Zoning Map adopted by the Borough
Council, on file in the office of the Borough Secretary. Said Zoning
Map together with amendments and all explanatory matter thereon shall
be deemed to accompany, be and is hereby made a part of this article.
District boundaries shall be determined as follows:
A.
Where district boundaries are indicated as approximately
following the center lines of streets, highways, street lines, highway
right-of-way lines or streams, such center lines shall be construed
to be such boundaries.
B.
Where district boundaries are indicated as approximately
following lot lines, such lot lines shall be construed to be such
boundaries.
C.
Where district boundaries approximately follow a railroad,
such boundary shall be deemed to be located in the center of such
railroad right-of-way.
D.
Where the boundary of a district follows a stream
or other body of water abutting another municipality, the boundary
shall be deemed to be the limits of jurisdiction of the Borough, unless
otherwise indicated.
E.
Where streets, property lines or other physical boundaries
and delineations are not applicable, boundaries shall be determined
by the scale shown on the original Zoning Map on file in the office
of the Borough Secretary.
F.
Where physical or cultural features existing on the
ground are at variance with those shown on the Zoning Map, or in other
circumstances not covered in this section, the Zoning Hearing Board
shall interpret the district boundary.
G.
When a district boundary line divides a lot held in
single and separate ownership at the effective date of this article,
the regulations which apply to the use in a less restricted district
shall extend over the portion of the lot in the more restricted district
a distance of not more than 100 feet beyond the district boundary
line.
A.
Use of property. Following the effective date of this
article, no building or land shall be used or occupied and no building
or part thereof shall be erected, moved or altered unless in conformity
with the regulations specified for the Zoning District in which it
is located or applicable special regulations.
B.
Restrictions.
(1)
Following the effective date of this article, no building
shall hereafter be erected or altered:
(2)
No part of a yard or other open space required about
any building for the purpose of complying with the provisions of this
article shall be included as a part of a yard or other open space
similarly required for another building.
A.
Statement of purpose. The R-1 Suburban Residential
District is established to provide sites for continued residential
growth within the confines of the Borough of Baden, together with
supplementary uses which are in support of and compatible with predominantly
single-family neighborhoods. The regulations which govern this District
have been developed for the purpose of maintaining the character and
the qualities of this developing area of the Borough and to ensure
adequate light, air, privacy and open space for each dwelling unit.
D.
Conditional uses. The following conditional uses may be permitted in accordance with the provisions of § 193-16 of this article and the standards and criteria listed herewith:
(1)
Duplex and row housing, pursuant to the following
standards and criteria:
(a)
Row houses shall be limited to a maximum of
four single-family dwelling units per structure.
(b)
Minimum lot area requirements specified for
single-family detached dwelling units in the R-1 District shall apply
to every dwelling unit which is contained in a duplex or row house
structure.
(c)
Off-street parking facilities for each dwelling
unit contained in a duplex or row house structure shall be at least
1.5 times the requirement for single-family detached dwellings in
the R-1 District.
(d)
Side, rear and front yard requirements for single-family
detached dwelling units in the R-1 District shall apply to each duplex
and row house structure.
(2)
Agricultural uses.
(a)
Permitted activities of an agricultural nature
shall be interpreted to mean normal on-farm functions characteristic
of area-wide practices. Permitted agricultural uses shall not be interpreted
to include farm-oriented industrial operations, such as food- or livestock-processing
plants, holding pens, slaughterhouses or similar operations and activities
which process or in some manner handle products not produced on the
immediate premises. Sale of products produced on the premises shall
be permitted.
(b)
A minimum site of five contiguous acres shall
be required.
(c)
Accessory structures utilized for agricultural
purposes shall be a minimum distance of 100 feet from any adjoining
property line.
(d)
Primary access for farm purposes shall be provided
via primary roads or highways. Traversing of secondary residential
access streets shall not be permitted for use by agricultural vehicles
and equipment unless authorized by the Borough Council as part of
the approval for a conditional use.
(3)
Day-care/family homes, pursuant to the following standards
and criteria:
[Added 6-15-1994 by Ord. No. 820]
(a)
All activities shall be conducted in an occupied
detached single-family residence.
(b)
Activities shall be limited to functions normally
associated with the part-time tending of children and shall not include
overnight lodging.
(c)
Activities shall be conducted within a home
atmosphere that is void of any special facilities or appurtenances
other than secure play areas and/or apparatus that are deemed to be
normal single-family accessory uses within the immediate neighborhood.
(d)
Safe off-street pickup and dropoff areas shall
be provided at the site.
(e)
Outdoor play areas shall be fenced to control
access to adjacent properties and vehicular ways. No portion of the
outside play areas shall be less than 15 feet from a neighboring dwelling
without the owner's written consent. Outdoor play shall be limited
to the hours 8:00 a.m. and 7:00 p.m., prevailing local time.
(f)
A minimum of 100 square feet of usable outdoor
play space and 20 square feet of usable indoor space shall be provided
for each child present at the facility, including resident children.
(g)
Day-care services shall be limited to a total
of six children at any one time for the following categories of clientele
(a mix of categories shall be permitted):
[1]
Preschoolers. At no time shall the number of
children in care exceed six, excluding relatives (for purposes of
these requirements, "relative" shall be deemed to be a child, stepchild,
grandchild, brother, sister, half brother, half sister, aunt, uncle,
niece, nephew, stepbrother or stepsister) of the caregiver.
[2]
Infants and toddlers. There shall be no more
than four infants and/or toddlers in a family day-care home at any
one time, including relatives (for purposes of these requirements,
"relative" shall be deemed to be a child, stepchild, grandchild, brother,
sister, half brother, half sister, aunt, uncle, niece, nephew, stepbrother
or stepsister) of the caregiver.
[3]
School-age children. At no time shall the number
of children in care exceed six children, excluding relatives (for
purposes of these requirements, "relative" shall be deemed to be a
child, stepchild, grandchild, brother, sister, half brother, half
sister, aunt, uncle, niece, nephew, stepbrother or stepsister) of
the caregiver.
(h)
The Chief or designated agent of the Borough
Fire Department shall inspect the premises to evaluate emergency access,
fire hazards, evacuation provisions, structure layout, fire alarm
devices and emergency fire-fighting provisions.
(i)
All rules, requirements and guidelines promulgated
in the Day-Care Service for Children Regulations - Family Day-Care
Homes, Chapter II, Section 8C of the Pennsylvania Department of Public
Welfare Social Services Manual, effective June 13, 1981, and any amendments
subsequent thereto, shall be strictly observed. All required state
licenses and certifications shall be obtained as conditions precedent
to granting of required Borough zoning and occupancy permits.
(4)
Day-care centers, pursuant to the following standards
and criteria:
[Added 6-15-1994 by Ord. No. 820]
(a)
Day-care centers shall be located only in public
or semipublic institutional buildings such as schools, churches, governmental
or similar structures which meet all requirements specified by the
Pennsylvania Department of Public Welfare for such activities. Day-care
centers shall not be conducted on residential premises.
(b)
Activities shall be limited to functions normally
associated with part-time tending of children and shall not include
overnight or drop-in care.
(c)
Operational hours shall be limited to the hours
between 7:00 a.m. and 8:00 p.m., prevailing local time.
(d)
The Chief or designated agent of the Borough
Fire Department shall inspect the premises to evaluate emergency access,
fire hazards, evacuation provisions, structure layout, fire alarm
devices and emergency fire-fighting provisions.
(e)
All rules, requirements and guidelines promulgated
in the Regulations for Child Day-Care Centers, Chapter II, Section
8A of the Department of Public Welfare Social Services Manual, effective
April 1, 1978, and any amendments subsequent thereto, shall be strictly
observed. All required state licenses and certifications shall be
obtained as conditions precedent to granting of required Borough permits.
(5)
Group residential facilities, pursuant to the following
standards and criteria:
[Added 6-15-1994 by Ord. No. 820]
(a)
All operations shall be established and operated
in a manner that protects and maintains the existing and proposed
character of the neighborhood and the vicinity in which they are situated.
No use or activity shall be conducted that is in any manner detrimental
to, or incompatible with, an acceptable residential environment.
(b)
The facility shall be situated in and operated
from a single-family detached residential structure. All lodging and
service operations shall be limited to the ground floor and second
story of the structure.
(c)
Lodging and services shall be provided in a
family environment as opposed to an institutional setting.
(d)
The group residential facility shall not include
business or professional offices (other than incidental offices),
business activities, fraternal or social clubs, hospitals, clinics
or other such activities.
(f)
No exterior alterations, additions or accessory
structures shall be constructed that are not customary and compatible
with residential structures and uses within the immediate neighborhood.
(g)
Landscaping and architectural treatment of all
lands and structures shall be in harmony with the immediate neighborhood.
(h)
All lands and structures shall be maintained
so as to enhance the visual appearance of the areas and the community
of which they are a part.
(i)
Lot, yard and all other dimensional requirements
of the applicable zoning district shall be met. The lot on which the
facility is situated shall include a minimum of 1,600 square feet
of exterior on-site open space which is maintained and suitable for
passive and/or active recreational use.
(j)
In addition to normal residential parking requirements,
parking facilities shall be provided at the rate of one off-street
space for every three resident clients. No on-street parking shall
be permitted.
(k)
Signs shall be limited to one permanent identification
sign not to exceed three square feet in total area. No moving, flashing
or intermittently lighted signs shall be permitted. Illumination shall
be permitted, provided that it does not blind, distract or produce
glare on off-site streets or properties.
(l)
The number of residents in any single group
residential facility shall be limited to no more than six persons,
including client residents, resident staff and family of staff.
(m)
Supervision shall be provided by responsible
and appropriately qualified adults on the premises on a twenty-four-hour-a-day
basis. A minimum of one such adult shall be in residence at the facility
at all times.
(n)
Sanitary facilities, consisting of a sink, water
closet and tub or shower shall be provided at a ratio of one each
for every three inhabitants of the facility.
(o)
A dining area shall be provided that is of sufficient
size to accommodate all clients and residents at a single seating.
(p)
A minimum of 72 square feet of contiguous private
sleeping and personal areas shall be provided for each client. Said
area, for purposes of this requirement, shall be computed exclusive
of common use areas such as circulation areas, storage areas, dining
areas, kitchen and food preparation areas, game rooms and related
recreation or instruction areas and other common use spaces.
(q)
As part of the conditional use application process,
the Chief of the Borough Fire Department or the designated agent thereof
shall inspect the premises to evaluate access, fire escape provisions,
structure layout, fire extinguishers and smoke and fire alarm devices.
(r)
The building must be readily accessible to fire-fighting
equipment and evacuation operations at all levels along the entire
external perimeter.
(s)
The sponsor shall file annually with the Borough
Secretary and the Zoning Officer information certifying that the facility
continues to adequately meet the conditions of the original approval.
Changes in ownership, sponsorship or of any conditions of original
approval shall constitute a new use, and the full conditional use
procedure for obtaining approval of a new use shall be exercised.
(t)
In considering a request for establishment of
a group residential facility under the provisions for conditional
uses in the Borough, the Planning Commission may recommend and the
Borough Council may attach any reasonable conditions and safeguards
beyond those expressed in this article and other applicable codes
duly enacted.
(u)
Documentation shall be submitted which certifies
approval of sewage disposal provisions by the Sewage Enforcement Officer,
and certification shall be provided from competent sources that adequate
water supply is available.
(v)
All required licenses, certifications and other
authorizations shall be obtained from the Commonwealth of Pennsylvania
Department of Labor and Industry, Department of Public Welfare and
any other federal, state or county agency having jurisdiction prior
to the approval of the conditional use. The applicant shall demonstrate
to the Borough Council that the proposal for establishing such a facility
satisfies a demonstrated need and will be conducted in a responsible
manner without detriment to surrounding properties.
(6)
Institutional facilities, pursuant to the following
standards and criteria:
[Added 6-15-1994 by Ord. No. 820]
(b)
An application shall be filed with the Borough
Planning Commission and Borough Council for a conditional use for
establishing an institutional facility or for modifying the site plan
of an existing facility or previously approved site plan through the
addition of a primary structure or structures. Said application shall
be supported by documents, maps, plans and other materials that contain
the following information and such other related data as may be specified
by the Borough Planning Commission and Borough Council:
[1]
Name and address of the owner and/or applicant
and documentation that the applicant, if not the owner, has the permission
of the owner to make application and act as agent for the owner.
[2]
Legal description, street address and other
identifying data concerning the site.
[3]
A description of the precise nature of the proposed
use and its operating characteristics and measures proposed to make
the use compatible with other properties in the vicinity. This data
shall include a description of proposed supervision procedures and
policies.
[4]
A dossier on the organization and all principals
involved in any manner with the control, establishment and operation
of the facility for which the application is being made and any pertinent
documentation deemed necessary by Borough Council and officials to
evaluate the application.
[5]
A site plan showing proposed development of
the site, including topography, existing and proposed building locations
on the site and contiguous properties, proposed parking, traffic circulation,
usable open space, landscaped areas and utilities and drainage control
features.
[6]
Building plans and elevations in sufficient
detail to indicate the dimensions, general appearance, scale and interior
plan of all buildings.
[7]
Such additional material as may be prescribed
or that the applicant may submit pertinent to the application and
to the findings prerequisite to the issuance of a conditional use
permit.
(c)
All uses in conjunction with a conditional use
permit authorized by Borough Council pursuant to this section shall
comply with the following:
[1]
Compliance with any and all local, state, county
and federal laws and regulations relating to the approval, development,
construction and operation of the facility.
[2]
The correction within the time specified of
any violation by the facility owner or operator of any local, county,
state or federal law, regulation, rule of enforcement order or any
condition to any permit, license or authorization of authority issued
in connection with the facility.
(d)
The applicant shall obtain, as required, from
each appropriate local, county, state and federal regulatory agency
or authority, a permit issued in accordance with all applicable regulations
for the proposed use. In the event that any required permits have
not been issued at the time Borough zoning approval is requested,
the zoning approval shall be expressly conditioned on the granting
of necessary permits.
(e)
All facilities shall be served by public sanitary
sewer and water facilities consistent with all rules and regulations
thereof.
(f)
The development and continuing use of the institutional
facility or hospital shall be in conformance with the following design
standards:
[1]
The minimum total contiguous land area for an
institutional facility shall be five acres. The total contiguous land
area plan must present a unified design that provides for an organized
arrangement of all existing and proposed buildings, service facilities,
parking and circulation systems.
[2]
Buildings shall be sited in conformity and harmony
with neighboring sites. The elevation, orientation and setback of
the proposed building shall not detract from use, view or appearance
of adjacent buildings.
[3]
No structure shall be located within 40 feet
of an adjacent property line or an adjacent site structure. Structures
shall be set back a minimum distance of 75 feet from a public right-of-way.
[4]
Structures within the total contiguous land
area shall be established in conformity with the following criteria:
[a]
No structure or group of related
structures shall be erected within 20 feet of any other structure
or group of structures.
[b]
Single-family detached dwellings,
garden apartments (cluster units with private external entryways)
and townhouses (row houses) shall not exceed two stories in height
above ground level.
[c]
There shall be no continuous structure
of townhouses containing more than four dwelling units.
[d]
Multifamily apartment structures
(structures with common internal access to individual units) shall
not exceed four stories in height above ground level and shall be
limited to a maximum of 10 units per floor.
[e]
Gross density of staff and associated
personnel family-dwelling units situated in single-family detached
dwellings, garden apartments, townhouses and multifamily apartment
structures shall not exceed five dwelling units per gross acre of
the total institutional site.
[5]
Parking shall not be located in front yard areas
within 40 feet of any public right-of-way stipulated to the rear or
side of site buildings. Shipping and receiving facilities, loading
docks and service areas shall be located in side or rear yards and,
if feasible, not facing on a public street. No parking or loading
shall be permitted on public streets.
[6]
Driveways, parking lots and dock service areas
shall be paved with bituminous or concrete, adequately designed for
the expected loading.
[7]
On-site parking shall be provided at the following
rates:
[a]
One space per employee at maximum
shift, plus two spaces per each family dwelling unit.
[b]
One space per each six beds in
a care facility.
[c]
Common parking areas may serve
more than one structure, provided that the number of spaces required
for each specific structure are within 75 feet of said structure.
[8]
The outdoor storage of materials, products,
equipment and refuse shall be limited to areas that do not front on
public streets. Screening shall provide year-round visual barriers
from adjacent properties.
[9]
Signs shall be placed on the face of the building,
except for entrance and directional signs or a ground-mounted identification
sign as an alternate to an identification sign on the building.
[10]
The total ground areas of the site not covered
by buildings, paved parking, interior roadways and service areas shall
be landscaped. Front yard areas are to be landscaped with lawn and/or
other plant materials such as trees and shrubs. Side and rear yards
and all slopes are to be covered by grass, ground cover or other appropriate
plant material. In no instance shall paving cover more than 20% of
the gross site area.
[11]
A buffer consisting of plant materials or other
appropriate treatments shall be established and maintained along the
site perimeter when deemed necessary by the Borough Council to protect
the environmental quality and/or aesthetic and monetary values of
residential properties that are adjacent to, or in reasonably close
proximity to, the development site. Natural vegetation or existing
topographical conditions may be utilized if approved by the Council
as adequate to achieve the purposes of a buffer.
(g)
In considering a request for a conditional use,
the Planning Commission may recommend and the Borough Council may
require any reasonable conditions and safeguards beyond those cited
in this article and other applicable codes, rules and regulations
duly enacted.
E.
Special exceptions. The following uses may be permitted as special exceptions in accordance with the provisions of § 193-17 of this article and the standards and criteria listed herewith:
(1)
Home occupations.
(b)
No lighting, noise or other aspect of the use
shall produce any nuisance factor to uses which are in proximity.
(c)
No persons other than members of the family
who reside on the premises shall be engaged in such occupation.
(e)
All operations shall be conducted inside the
principal or legal accessory structures on the site.
(2)
Conversion apartments.
(a)
Each dwelling unit shall contain a minimum of
400 square feet of habitable living area.
(b)
Each dwelling unit shall be provided separate
cooking and sanitary facilities.
(c)
A maximum of two dwelling units shall be permitted
in any one structure.
(d)
Fire and safety provisions shall be adequate
to meet all applicable local and state requirements. Certification
of compliance shall be obtained from an authorized representative
of the Baden Fire Department.
(e)
In the absence of public sewer availability,
certification shall be provided from the appropriate authority that
on-site sewage disposal facilities are adequate to serve anticipated
demands of the proposed use.
F.
Lot, area and dimensional requirements. The following
requirements shall apply in the R-1 District:
(1)
Minimum lot area shall be 7,500 square feet per dwelling
unit where municipal sewerage and water systems are available. Where
either municipal water or sewerage systems are not available, the
minimum lot area shall be 20,000 square feet per dwelling unit.
(2)
Minimum lot width shall be 50 feet at the building
line for lots which require an area of 7,500 square feet. Minimum
lot width shall be 75 feet at the building line for lots which require
an area of 20,000 square feet.
(3)
Minimum front yard depth shall be 20 feet from the
front lot line.
(4)
Minimum side yard width on each side of the lot shall
be five feet. The minimum side yard width on the street side of a
corner lot shall be 10 feet.
(5)
Minimum rear yard depth shall be 20 feet from the
rear lot line.
(6)
No structure shall exceed 35 feet in height.
(7)
Maximum lot coverage shall not exceed 45%.
A.
Statement of purpose. The R-2 General Residential
District is established to provide for the maintenance and protection
of the quality of established and predominantly developed residential
neighborhoods within the Borough of Baden. These regulations are intended
to ensure adequate light, air, privacy and open space for each dwelling
unit.
D.
Conditional uses. The following conditional uses may be permitted in accordance with the provisions of § 193-16 of this article and the standards and criteria listed herewith:
(1)
Multifamily structures, pursuant to the following
standards and criteria:
(a)
Structures shall comply with all building, yard
and area requirements which apply to the R-2 District.
(b)
In addition to the above requirements, a minimum
of 250 square feet of usable yard and/or recreational open space shall
be provided for each dwelling unit.
(c)
Off-street parking shall be provided as specified
by this article and shall be suitably buffered from all adjacent single-family
uses and vacant parcels of land.
(2)
Mobile home courts, pursuant to the following standards and criteria: Mobile home courts may be established, modified or added to, only if such activity is carried out in strict compliance with the provisions of § 193-20 of this article.
E.
Special exceptions. The following uses may be permitted as special exceptions in accordance with the provisions of § 193-17 of this article and the standards and criteria listed herewith:
F.
Lot, area and dimensional requirements. The following
requirements shall apply in the R-2 District:
(1)
Minimum lot area shall be 7,500 square feet per dwelling
unit for single-family dwelling structures where municipal sewerage
and water systems are available. Where either municipal water or sewerage
systems are not available, the minimum lot area shall be 20,000 square
feet per single-family dwelling unit.
(2)
Minimum lot area shall be 10,000 square feet for each
duplex dwelling structure where municipal sewerage and water systems
are available. Where either municipal water or sewerage systems are
not available, the minimum lot area shall be 25,000 square feet for
each duplex dwelling structure.
(3)
Minimum lot area shall be 20,000 square feet for multifamily
structures containing three dwelling units. Lot area shall be increased
by a minimum of 800 square feet for each unit in excess of three.
Multifamily dwelling units shall not be permitted in the absence of
either municipal water or sewerage systems.
(4)
Minimum lot width at the building line shall be as
follows:
|
Minimum Lot Area
(square feet)
|
Minimum Lot Width
(feet)
| |
|
7,500
|
50
| |
|
12,000
|
75
| |
|
20,000 or more
|
100
|
(5)
Minimum front yard depth shall be 20 feet from the
front lot line for single-family and duplex units and 30 feet from
the front line for multifamily units.
(6)
Minimum side yard width on each side of the lot shall
be five feet for single-family and duplex units and 15 feet on each
side of the lot for multifamily structures.
(7)
Minimum rear yard depth shall be 20 feet from the
rear lot line for single-family and duplex units and 30 feet from
the rear lot line for multifamily structures.
(8)
No structure shall exceed 45 feet in height.
(9)
Maximum lot coverage shall not exceed 45%.
A.
Statement of purpose. The R-3 Urban Residential District
is designed to provide for the maintenance of established land uses
and to ensure the harmonious and compatible development of a variety
of land use types in an area of the Borough which is in transition.
These regulations are intended to ensure adequate light, air, privacy
and open space for each dwelling unit.
C.
Accessory uses. The following accessory uses shall be permitted: Uses customarily incidental to the permitted use of the site as defined in § 193-3 of this article.
D.
Conditional uses. The following conditional uses may be permitted in accordance with the provisions of § 193-16 of this article and the standards and criteria listed herewith:
(1)
Restaurants and private clubs and lodges, provided
that:
(b)
Signs shall meet the minimum requirements specified by § 193-18 of this article and any additional restrictions which the Borough Council may determine to be necessary to ensure the character of adjacent or nearby residential uses.
(c)
A corridor or buffer of at least five feet in
width shall be established and maintained along all portions of the
site which abut, parallel or are in any manner adjacent to a residential
use. This provision shall apply whether or not the site is separated
by a street or similar right-of-way.
(2)
Business, sales and professional offices, provided that all the requirements specified in § 193-10D(1) of this article shall apply.
(3)
Hotels and motels, provided that:
(a)
All the requirements specified in § 193-10D(1) of this article shall apply.
(b)
Design and construction standards shall comply
with all applicable local and state codes and shall be certified by
Baden municipal fire officials as adequate.
E.
Special exceptions. The following uses may be permitted as special exceptions in accordance with the provisions of § 193-17 of this article and the standards and criteria listed herewith:
F.
Lot, area and dimensional requirements. The following
requirements shall apply in the R-3 District:
(1)
Minimum lot area shall be 7,500 square feet for all
uses except multifamily residential uses, which shall have a minimum
lot area of 20,000 square feet.
(2)
Minimum lot width at the building line shall be 50
feet except for multifamily residential uses, which shall have a minimum
lot width at the building line of 75 feet.
(3)
Minimum front yard depth for all uses shall be 15
feet.
(4)
Minimum side yard width on each side of the lot shall
be 15 feet.
(5)
Minimum rear yard depth shall be 15 feet from the
rear lot line.
(6)
No structure shall exceed 45 feet in height.
(7)
Maximum lot coverage shall not exceed 60%.
A.
Statement of purpose. The C-1 Local Business District
is designed to provide sites for general shopping, commercial services
and professional activities, together with limited multiple-family
dwellings as may be accommodated without interfering with the basic
commercial nature of the area. This District is intended to provide
commercial facilities for serving local residents and those in the
neighboring vicinity. This District is intended to ensure adequate
light, air, open space and related amenities appropriate to the maintenance
of safety and to generate qualities which will encourage and sustain
commercial activities.
B.
Permitted uses. The following uses shall be permitted
in the C-1 District:
C.
Accessory uses. The following accessory uses shall be permitted: Uses customarily incidental and accessory to the permitted use of the site, as defined in § 193-3 of this article.
D.
Conditional uses. The following conditional uses may be permitted in accordance with the provisions of § 193-16 of this article and the standards and criteria listed herewith:
(1)
Wholesale businesses pursuant to the following standards
and criteria:
(a)
All parking and loading in conjunction with
the business shall be handled on the site and completely separate
from any public right-of-way.
(b)
The physical appearance of the site and all
of the activities conducted thereon shall be compatible with the light
commercial character and purposes for which the Local Business District
was established.
E.
Special exceptions. The following uses may be permitted as special exceptions in accordance with the provisions of § 193-17 of this article and the standards and criteria listed herewith:
(1)
Multifamily structures, pursuant to the following
standards and criteria:
(a)
Structures shall comply with all building, yard,
parking and area requirements which apply to multifamily structures
in the R-3 District.
(b)
Sites on which multifamily structures are to
be established shall be suitable for residential uses in terms of
vehicular and pedestrian access, use of required open spaces for residential
purposes and the general environmental quality for residential purposes.
(2)
Ancillary residential uses in conjunction with primarily
commercial structures.
(a)
Each dwelling shall contain a minimum of 400
square feet of habitable living area which is physically separate
from the adjoining commercial space.
(b)
Each dwelling unit shall be provided with separate
cooking and sanitary facilities.
(c)
Fire and safety provisions shall be certified
adequate by an authorized representative of the Baden Fire Department.
F.
Lot, area and dimensional requirements. The following
requirements shall apply in the C-1 District:
(1)
Except as specified elsewhere in this article for
specific use types, there shall be no minimum lot area, lot width
or front yard requirements in this District.
(2)
Minimum side yard width on each side of the lot shall
be 10 feet.
(3)
Minimum rear yard depth shall be 20 feet from the
rear lot line.
(4)
No structure shall exceed 45 feet in height.
(5)
No lot coverage limitations are established for this
District other than those which relate to minimum requirements.
A.
Statement of purpose. The C-2 Highway Commercial District
is established to provide for commercial and business activities in
areas of the Borough which offer sites having prime access and sight
exposure advantages from regional highways. This District is intended
to ensure adequate light, air, open space and other amenities appropriate
to the maintenance of safety and to generate qualities conducive to
viable commercial operations.
B.
Permitted uses. The following uses shall be permitted
in the C-2 District:
D.
Conditional uses. The following conditional uses may be permitted in accordance with the provisions of § 193-16 of this article and the standards and criteria listed herewith:
(1)
Automotive service stations, pursuant to the following
standards and criteria:
(a)
All storage of new, used or discarded parts
or materials shall be within an enclosed structure.
(b)
Except for fuel dispensing, all production,
servicing and processing shall take place within enclosed buildings.
(c)
No more than three vehicles awaiting servicing,
in process of servicing or otherwise stored shall be stored on the
premises at any time unless in an enclosed building.
(d)
Ingress and egress shall be designed and utilized
in a manner which will not create hazardous traffic conditions or
unnecessary congestion of traffic in the immediate vicinity.
(3)
Miniwarehouses, pursuant to the following standards
and criteria:
[Added 6-15-1994 by Ord. No. 820]
(a)
No business activities other than rental of
storage units and attendant administrative functions shall be conducted
on the premises.
(b)
All storage shall be accommodated indoors.
(c)
No activities such as miscellaneous or garage
sales shall be conducted on the premises.
(d)
The servicing or repair of vehicles, boats or
equipment shall not be conducted on the premises.
(e)
The operation of a miniwarehouse shall in no
way be deemed to include a transfer and storage business.
(f)
A landscaped strip of at least 10 feet in width
shall be provided along all street frontages as well as along any
borders where subject property abuts any residential zoning district.
Landscaping shall consist of a variety of evergreen plant materials
consisting of trees and shrubs and suitable ground covers.
(g)
All driveways and access roads shall be surfaced
with an all-weather material such as gravel or paving.
E.
Special exceptions. The following uses are special exceptions in a C-2 District to be granted or denied by the Zoning Hearing Board pursuant to express standards and criteria set forth in Chapter 193, §§ 193-12 and 193-17 and those set forth herein.
[Amended 9-1-2004 by Ord. No. 881]
(1)
Child day care pursuant to the following standards
and criteria:
(c)
Activities shall be limited to functions normally
associated with the part-time tending of children and shall not include
overnight lodging.
(d)
Secure play areas are to be established.
(e)
Safe off-street pickup and dropoff areas shall
be provided at the site.
(f)
Outdoor play areas shall be fenced to control
access to adjacent properties and vehicular ways. No portion of the
outside play areas shall be less than 15 feet from a neighboring dwelling
without the owner's written consent. Outdoor play shall be limited
to the hours between 8:00 a.m. and 7:00 p.m. prevailing local time.
(g)
A minimum of 100 square feet of usable outdoor
play space and 20 square feet of usable indoor space shall be provided
for each child present at the facility, including resident children.
(h)
The caregiver-per-child ratio must meet the
parameters set by Pennsylvania state law and/or any governing agency's
official regulations.
(i)
The Chief or designated agent of the Borough
Fire Department shall inspect the premises to evaluate emergency access,
fire hazards, evacuation provisions, structure layout, fire alarm
devices and emergency fire-fighting provisions.
(j)
All rules, requirements and guidelines promulgated
in the Daycare Service for Children Regulations - Family Daycare Homes,
Chapter II, Section 8C of the Pennsylvania Department of Public Welfare
Social Services Manual, effective June 13, 1981, and any amendments
subsequent thereto, shall be strictly observed. All required state
licenses and certifications shall be obtained as conditions precedent
to granting of required Borough zoning and occupancy permits.
(k)
Day-care centers shall be located only in approved
public, semipublic or commercial buildings, such as schools, churches,
governmental or similar structures, which meet all requirements specified
by the Pennsylvania Department of Public Welfare for such activities.
(l)
Operational hours shall be limited to the hours
between 6:00 a.m. and 11:30 p.m. prevailing local time.
F.
Lot, area and dimensional requirements. The following
requirements shall apply in the C-2 District:
(1)
There shall be no minimum lot area requirements.
(2)
Minimum side yard width on each side of the lot shall
be 15 feet.
(3)
Minimum front lot depth shall be 25 feet from the
front lot line.
(4)
Minimum rear yard depth shall be 20 feet from the
rear lot line.
(5)
No structure shall exceed 45 feet in height.
(6)
No lot coverage limitations are established for this
District other than those which relate to minimum yard requirements.
[Added 2-16-2000 by Ord. No. 853]
A.
Statement of purpose. The C-3 General Commercial District
is established to provide for commercial sites for moderate level
business enterprises to serve local and transient patrons.
C.
Accessory uses. The following accessory uses are permitted: Uses customarily incidental and accessory to the permitted use of the site, as defined in § 193-3 of this article.
D.
Conditional uses. The following conditional uses may be permitted in accordance with the provisions of § 193-16 of this article and the standards and criteria listed herewith:
(1)
Automotive service stations, provided that all requirements specified in § 193-12D(1) of this article shall apply.
E.
Special exceptions. No special exceptions are authorized
for the C-3 District, except by amendment of this article.
F.
Lot area and dimensional requirements. The following
dimensional requirements shall apply in the C-3 District:
(1)
There shall be no minimum lot area requirements.
(2)
Minimum side yard width on each side of the
lot shall be 15 feet.
(3)
Minimum front lot depth shall be 25 feet from
the front lot line.
(4)
Minimum rear yard depth shall be 20 feet from
the rear lot line.
(5)
No structure shall exceed 45 feet in height.
(6)
No lot coverage limitations are established
for this District other than those which relate to minimum yard requirements.
A.
Statement of purpose. The LI Light Industrial District
is established to provide for industrial-related activities in limited
areas of the Borough where sites conducive to such uses are available.
This District is intended to provide sites for supplementing and expanding
the economic strengths of the Borough while providing protection to
adjacent nonindustrial uses from incompatible activities.
B.
Permitted uses. The following uses shall be permitted
in the LI District:
D.
Conditional uses. The following conditional uses may be permitted in accordance with the provisions of § 193-16 of this article and the standards and criteria listed herewith:
(1)
Lumber, milling and building materials sales, pursuant
to the following standards and criteria:
(a)
All storage of materials and milling operations
shall be within enclosed structures.
(b)
No manufacturing, stone-crushing or other activities
of a heavy industrial nature which could be reasonably construed as
detrimental to the environment or normal use of surrounding nonindustrial
areas shall be authorized as a conditional use.
(2)
Truck depot and freight handling, pursuant to the
following standards and criteria:
(a)
Ingress and egress shall be designed and utilized
in a manner which will not create hazardous traffic conditions or
unnecessary congestion of traffic in the immediate vicinity.
(b)
All holding and storage operations shall be
conducted within enclosed buildings.
(c)
Only operable transport equipment shall be stored
on the premises.
(4)
Miniwarehouses, pursuant to the following standards
and criteria:
[Added 6-15-1994 by Ord. No. 820]
(a)
The standards and criteria in § 193-12D(3) shall apply.
E.
F.
Lot, area and dimensional requirements. The following
requirements shall apply in the LI District:
(1)
There shall be no minimum lot area requirements.
(2)
Minimum side yard width on each side of the lot shall
be 20 feet.
(3)
Minimum front yard depth shall be 25 feet from the
front lot line.
(4)
Minimum rear yard depth shall be 20 feet from the
rear lot line.
(5)
No structure shall exceed 45 feet in height.
(6)
No lot coverage limitations are established for this
District other than those which relate to minimum yard requirements.
[Added 12-20-1995 by Ord. No. 832[1]]
A.
Statement of purpose. The R-4 Conservation Residential
District is designed to provide for the safe development and maintenance
of residential land uses in areas of the Borough that are characterized
by intermittent tracts of steep slope which limit the scope of development
and create problems not ordinarily encountered in areas of less severe
terrain. This District has been established to preserve the natural
character of heavily sloped terrain while providing for residential
development and related land use activities that are established in
a manner calculated to provide for the health, safety and general
welfare of potential site occupants and the community at large.
D.
Conditional uses. The following uses may be permitted in accordance with the provisions of § 193-16 of this article and the standards and criteria listed herewith:
(1)
Private noncommercial playgrounds, recreation areas
and ball fields, provided that:
(a)
Development plans shall be submitted for consideration
by the Borough Council and the Planning Commission, along with a statement
from the Borough Engineer that the proposed site grading and development
procedures will not create hazardous conditions on the site or areas
contiguous thereto.
(2)
Agricultural uses.
(a)
Permitted activities of an agricultural nature
shall be interpreted to mean normal on-farm functions characteristic
of area-wide practices. Permitted agricultural uses shall not be interpreted
to include farm-oriented industrial operations, such as food or livestock
processing plants, holding pens, slaughterhouses or similar operations
and activities which process or in some manner handle products not
produced on the immediate premises. Sale of products produced on the
premises shall be permitted.
(b)
A minimum site of five contiguous acres shall
be required.
(c)
Accessory structures utilized for agricultural
purposes shall be a minimum distance of 100 feet from any adjoining
property line.
(d)
Primary access for farm purposes shall be provided
via primary roads or highways. Traversing of secondary residential
access streets shall not be permitted for use by agricultural vehicles
and equipment unless authorized by the Borough Council as part of
the approval for a conditional use.
F.
Lot, area and dimensional requirements. The following
requirements shall apply in the R-4 District:
(1)
Minimum lot area shall be 30,000 square feet per dwelling
unit.
(2)
Minimum lot width shall be 75 feet at the building
line.
(3)
Minimum front yard depth shall be 30 feet from the
front lot line.
(4)
Minimum side yard width on each side of the lot shall
be 15 feet. The minimum side yard width on the street side of a corner
lot shall be 20 feet.
(5)
Minimum rear yard depth shall be 20 feet from the
rear lot line.
(6)
No structure shall exceed 35 feet in height.
(7)
Maximum lot coverage shall not exceed 45%.
G.
Site development requirements. The following requirements
shall apply to all development activities in the R-4 District:
(1)
These provisions are intended and are to be applied to prevent the erection of dwellings and other structures in areas unsuitable for building sites; to minimize danger to public health by protecting watersheds; to discourage erosion of soils by maintaining an adequate vegetation cover on hills; and to promote the perpetuation of open space on hillsides. All development in areas of excessive slope, as defined in the following Subsection G(2), shall be subject to the provisions contained herein.
(2)
Excessive slope conditions are considered in any situation
where slope, measured from one property boundary to another, has an
average grade of 25% or more. Any slope area in excess of 40% shall
be considered unbuildable.
(3)
Any person desiring to change or in any way develop
or modify an existing use of land in an R-4 District where slope exceeds
25% shall supply a statement to the Zoning Officer signifying that
the intended use of land will be a use permitted by these regulations.
If such activities involve the construction of any building, the applicant
shall, in addition, furnish the Zoning Officer with a statement prepared
by a registered civil engineer or surveyor that the proposed building
will not be erected on any land where the percentage of slope exceeds
40%.
(4)
Slope area in excess of 40% shall be considered as
unbuildable. Buildings may be constructed on a slope where grades
range from 40% to 25% if the building is constructed in such a manner
that it will not be subject to danger from soil conditions and that
its placement and use will not adversely influence surrounding land
stability.
(5)
Alterations may be made to the existing grade in slope
areas, subject to the issuance of a grading permit by the Borough
Zoning Officer and subject to the following provisions:
(a)
Slopes in excess of 40% [2.5 feet horizontal
to one foot vertical (2.5:1.0)] may be graded so that the finished
slope in building areas will be less than 40% (2.5:1.0); however,
the resulting cuts and fills must be designed by a qualified geotechnical
engineer and approved by the Borough Engineer. In no case will fill
slopes in excess of 1.5:1.0, or cut slopes in excess of one foot horizontal
to one foot vertical (1:1) be allowed. The grading shall be monitored
by a qualified construction inspector in accordance with the design
engineer's specifications and at the developer's expense. A final
completion report shall be submitted to the Borough.
(b)
Slopes between 25% [four feet horizontal to
one foot vertical (4:1)] and 40% (2.5:1.0) may be graded; however,
no resulting slopes in excess of 40% (2.5:1.0) will be allowed unless
designed by a qualified geotechnical engineer and approved by the
Borough Engineer. In no case will fill slopes in excess of 1.5:1.0,
or cut slopes in excess of 1:1 be allowed. The grading shall be monitored
by a qualified construction inspector in accordance with the design
engineer's specifications and at the developer's expense. A final
completion report shall be submitted to the Borough.
(6)
On all landslide-prone areas, the following requirements
shall be met:
(a)
No building or grading permits shall be issued
by Borough officials on an active landslide as identified by the United
States Geological Survey before a land stabilization plan is prepared
by a qualified registered engineer. The building or grading permits
shall be issued only after the Borough Engineer reviews and approves
the stabilization plan.
(b)
Prior to the granting and issuing of building
or grading permits for projects within any landslide or probable landslide
area as identified by the United States Geological Survey, the permit
applicant must sign a statement of awareness of the landslide and
the risks involved and release Borough officials, agents and employees
from liability.
[1]
Editor's Note: This ordinance also provided
for the repeal of former § 193-14, P Preservation District.
A.
Statement of purpose. The F Floodplain District is
established to protect designated floodplain areas subject to periodic
inundation by overflow from streams and rivers situated in or contiguous
to the Borough of Baden. This District is intended to control floodplain
use and activities therein which, acting alone or in combination with
other uses, will cause or contribute to loss and destruction of life
and property during periods of flooding.
B.
Permitted uses. The following uses having a low flood
damage potential and not obstructing flood flows shall be permitted
within the Floodplain District, provided that they are permitted uses
or activities in the zoning district which coincides with the Floodplain
District. No use shall adversely affect the capacity of the channels
or floodways of any tributary to a main stream, drainage ditch or
any other drainage facility or stream.
(1)
Industrial-commercial uses, such as loading areas,
parking areas and temporary storage of stock not requiring the use
of structures.
(2)
Private and public recreational uses, such as boat-launching
ramps, parks and fishing areas.
(3)
Residential-related uses, such as lawns, gardens,
parking areas and play areas.
C.
Other requirements.
(1)
Any fill proposed to be deposited in the floodplain
must be shown to have some beneficial purpose and the amount thereof
not greater than is necessary to achieve that purpose, as demonstrated
by a plan submitted by the owner showing the uses to which the filled
land will be put and the final dimensions of the proposed fill or
other materials.
(2)
Such fill or other materials shall be protected against
erosion by riprap, vegetation cover or bulkheading.
(3)
Service facilities, such as sewers, water service,
and electrical and heating equipment, shall be constructed at or above
the regulatory flood protection elevation for the particular area
or floodproofed.
(4)
The storage or processing of materials that in time
of flooding are buoyant, flammable, explosive or could be injurious
to human, animal or plant life is prohibited.
(5)
Storage of other material or equipment may be allowed
if readily removable from the area within the time available after
flood warning.
(6)
A structure or the use of a structure or premises
which was lawful before the passage or amendment of the chapter, but
which is not in conformity with the provisions of this article, may
be continued subject to the following conditions:
(a)
No such use shall be expanded, changed, enlarged
or altered in a way which increases its nonconformity.
(b)
No structure alteration, addition or repair
to any nonconforming structure shall exceed 30% of its value at the
time of its becoming a nonconforming use, unless the structure is
permanently changed to a conforming use.
(c)
If such use is discontinued for 12 consecutive
months, any future use of the building premises shall conform to this
article.
(d)
If any nonconforming use or structure is destroyed
by any means, including floods, to an extent of 75% or more of its
value, it shall not be reconstructed except in conformity with the
provisions of this article. The Zoning Hearing Board may permit reconstruction
if the use or structure is located outside the floodway and, upon
reconstruction, is adequately and safely floodproofed, elevated or
otherwise protected.
(e)
Uses or adjuncts thereof which are or become
nuisances shall not be entitled to continue as nonconforming uses.
D.
Area requirements: not applicable.
A.
Authority. Conditional uses may be permitted by the
Borough Council, consistent with the provisions of Article VI of the
Pennsylvania Municipalities Planning Code, Act 247, as amended,[1] after recommendations by the Borough Planning Commission
pursuant to express standards and criteria set forth in this article.
[1]
Editor's Note: See 53 P.S. § 10101
et seq., and in particular, 53 P.S. § 10601 et seq.
B.
Procedure. The following procedures shall govern the
granting of conditional uses in the Borough of Baden:
(1)
Property owners desiring approval for a conditional
use pursuant to express standards and criteria set forth in this article
shall provide a written request for such approval to the Planning
Commission.
(2)
The request shall specify the intended uses and purposes
for which the conditional use approval is being asked. Further, the
formal request shall document the manner in which the developer will
meet the standards and criteria specified in the chapter for the conditional
use.
(3)
The property owner shall provide the Planning Commission
with documentation to indicate the attitudes of adjacent and area-wide
property owners within 250 feet of the property to be developed, as
they relate to the proposed conditional use.
(4)
The Planning Commission shall consider written requests
for conditional uses and transmit its recommendations to the Borough
Council within 45 days of the official receipt of the request. The
Planning Commission may request the property owner to provide additional
information or to appear before the Commission to discuss the request.
The Planning Commission may conduct public hearings on the request
for the purpose of assembling additional input from the community
at large.
(5)
The forty-five-day review period may be extended by
mutual agreement with the affected parties.
(6)
The Borough Council shall hold a public hearing on
the request for conditional use within 45 days of receipt of a recommendation
from the Planning Commission. The Borough Council may request additional
data and/or documentation during its consideration of the request
for approval of a conditional use.
A.
Authority. Special exceptions may be permitted by
the Zoning Hearing Board, consistent with the provisions of Article
VI of the Pennsylvania Municipalities Planning Code, Act 247, as amended,[1] pursuant to express standards and criteria set forth in
this article.
[1]
Editor's Note: See 53 P.S. § 10101
et seq., and in particular, 53 P.S. § 10601 et seq.
B.
Procedure.
(1)
Where the Borough Council in this article has stated
special exceptions to be granted or denied by the Zoning Hearing Board
pursuant to express standards and criteria, the Board shall hear and
decide requests for such special exceptions in accordance with such
standards and criteria.
(2)
In granting a special exception, the Zoning Hearing
Board may attach such reasonable conditions and safeguards in addition
to those expressed in this article as it may deem necessary to implement
the purposes of this article.
A.
Authority. Signs may be erected and maintained only
when in compliance with the provisions of this article and any and
all other ordinances and regulations of the Borough which may be applicable.
B.
Exclusions. The following shall not be subject to
the provisions of this article unless otherwise specifically cited
herein:
(1)
Signs of a duly constituted local, state or federal
governmental body, including traffic or similar safety and regulatory
devices, legal notices, railway warning signals, memorial signs or
tablets.
(2)
Flags of a political, civic, religious or educational
organization.
(3)
Small signs with a surface area not exceeding three
square feet, displayed for the direction or convenience of the public,
which identify landmarks, parking areas, convenience facilities and
similar features.
(4)
One temporary nonlighted sign on a construction site,
not exceeding an area of 32 square feet, denoting engineer, architect,
contractor or funding agencies and related information regarding the
development.
C.
Permitted signs.
(1)
R-1, R-2 and R-3 Districts. In the R-1, R-2 and R-3
residential districts, the following requirements shall apply:
(a)
The following signs shall be permitted:
[1]
One permanent identification sign for each dwelling
unit, which may cite the name of the occupant, address and other distinguishing
features of the structure or property. Such signs shall not exceed
two square feet in area.
[2]
One temporary nonlighted real estate sign pertaining
to the sale, lease, hire or rental of property on which the sign is
displayed, not to exceed six square feet in area.
[3]
One small announcement sign designating home
occupations, provided that all such signs shall not exceed two square
feet in area.
[4]
One permanent announcement sign erected by churches,
schools, municipal facilities or similar permitted uses, which may
include any appropriate message, provided that the area of such sign
shall not exceed 12 square feet.
[5]
A temporary sign advertising a garage sale,
street fair or other temporary activity or a temporary sign directing
persons to the location of such activity. Such signs shall not exceed
two square feet in area and must be removed within 24 hours of termination
of the sale.
(b)
Moving, flashing or intermittently lighted signs
are prohibited in the three residential districts.
(c)
Signs shall be located a minimum distance of
four feet from the street right-of-way line.
(d)
The bottommost part of a sign shall not be more
than two feet above ground level, except signs attached to a building.
No sign shall project above a roof or be mounted on a building above
the eaves line of a roof.
(2)
C-1, C-2 and LI Districts. In the C-1 Local Business
District, the C-2 Highway Commercial District and the LI Light Industrial
District, the following requirements shall apply to individual lots.
(a)
The following signs shall be permitted:
[1]
Business signs not to exceed one square foot
of sign area for each one linear foot of lot frontage. No individual
sign shall exceed 250 square feet in area.
[2]
Freestanding signs or projecting signs extending
outward from a building shall not exceed 20 square feet in area.
[3]
Temporary signs, which may be in addition to the limitations cited in Subsection C(2)(a)[1] above, which are placed in windows or affixed to the exterior wall areas of buildings and which advertise special promotional business sales or services available on the premises. Such signs shall be removed within 24 hours when the special circumstances which led to their placement no longer apply. Such signs shall not cover in excess of 25% of involved window areas or in excess of 20% of the involved wall areas of any single side, front or rear of the structure.
[4]
Temporary signs advertising the sale, rental
or development of property, buildings or portions thereof, not to
exceed 32 square feet.
[5]
Temporary signs or banners announcing sales
or special events on the immediate site may be used in C-1, C-2 and
LI Districts for a period not to exceed 15 days, provided that they
shall only be displayed if hung or installed flush with the wall of
the principal structure on the lot or on poles or support cables which
project no more than two feet from the face of the principal structure.
[6]
Portable or mobile signs and other similar advertising
displays in excess of six square feet may be used for special sales,
announcements and related purposes in the C-1, C-2 and LI Districts,
subject to the following provisions:
[a]
Display area of such signs shall
not exceed 32 square feet.
[b]
No portion of the sign or its supporting
structure shall occupy a public right-of-way.
[c]
All lighting and illumination restrictions
which apply to displays, signs and structures under this article shall
apply.
[d]
Permits for the placement of such
signs shall be issued for a maximum of 30 consecutive days.
(b)
Advertising subject matter or business identification in excess of 20 square feet in area, which is painted or otherwise inscribed directly on the wall surface of a building in a permanent manner, shall require a reduction in the maximum total sign size permitted for that business under § 193-18C(2)(a) above. The required reduction shall be computed at the rate of a twenty-five-percent decrease in the permitted maximum sign size for each 100 square feet, or portion thereof, of painted or inscribed wall surface.
(d)
Signs may not be attached to utility poles,
except for municipal purposes.
D.
General standards. The following standards shall apply
to signs in all zoning districts of the Borough:
(1)
No sign shall be located or constructed as to obstruct
or interfere with any traffic control signal, sign, device or intersection
sight triangle.
(2)
No sign shall be permitted which is deemed to constitute
a hazard of any kind.
(3)
There shall be no more than one sign of each type
allowed herein on any lot within the Borough, except that in the C-2
and LI Districts, for each 100 feet of road frontage over the first
100 feet of road frontage, a second sign of the types approved in
that zoning district shall be permitted.
(4)
A sign shall be removed within 30 days when the circumstances
leading to its erection no longer apply or if safety violations occur.
Circumstances which dictate sign removal shall include but shall not
be limited to the following:
(a)
The creation of a safety hazard.
(b)
Dilapidation.
(c)
Vacancy or termination of the subject business
for more than 90 days.
(d)
Legal transfer of ownership of a property which
involves a change of name or business activity.
(e)
The completion of an event, business transaction
or other activity for which the sign was originally installed.
(f)
Any illegality under the provisions of this
article or regulation of a duly constituted governmental authority.
(5)
Signs shall be subject to the following regulations:
(a)
All lighting and illumination of signs shall
conform to regulations regarding traffic hazards as specified in local
and state regulations.
(b)
Signs may be illuminated where permitted by
this article, provided that the use of such illumination does not
confuse, blind or distract vehicle operators on adjacent or nearby
streets.
E.
Permits.
(1)
(2)
Each application for a permit shall be accompanied
by a drawing to scale showing the proposed sign, the size, general
characteristics, method of illumination, the exact location of the
sign in relation to the lot and structure involved and other data
as may be required by the Zoning Officer.
(3)
A fee shall accompany each application for a permit.
Such fee shall be established by resolution of the Borough Council.
A.
Procedure. An application for a zoning or building
permit for a new or enlarged building, structure or use shall include
therewith a plot plan drawn to scale and fully dimensioned, showing
any off-street parking and loading facilities to be provided in compliance
with the requirements of this article.
B.
Extent of control.
(1)
At the time of the erection of any main building or
structure, or when any such building or structure is enlarged or increased
in capacity, or when any private or public facility use permitted
under this article is established, permanent off-street parking and
loading spaces shall be provided as specified herein.
(2)
Required parking spaces shall be located on the same
lot as the use for which it is provided. An adjacent lot which is
guaranteed for the use of off-street parking during the life of the
use for which the parking is provided may be permitted as a special
exception, provided that guarantees in legal form are acceptable to
the Zoning Hearing Board.
(3)
Where more than one use occupies a given lot, building
or structure, off-street parking equal to the sum of that required
for each use shall be required.
(4)
No parking facilities accessory to nonresidential
uses shall be located in any R-1, R-2 or R-3 residential district.
(5)
No land shall be used for habitual commercial or industrial
truck loading, storage or parking activities in any R-1, R-2 or R-3
residential district.
C.
Schedule of requirements for off-street parking. Off-street
parking facilities shall be provided in the various zoning districts
as specified herewith:
(1)
In the R-1, R-2 and R-3 zoning districts:
(a)
For each dwelling unit there shall be provided
a minimum of two off-street parking spaces.
(b)
Where home occupations are authorized as a conditional use, off-street parking shall be provided for the maximum number of patrons anticipated at any one time in conjunction with the business activity. In cases where the maximum anticipated parking demand is in question, the determination of the Zoning Hearing Board shall prevail. In no instance shall on-street parking be authorized in conjunction with a home occupation. Parking requirements for home occupations shall be in addition to the requirements specified in Subsection C(1)(a) above for on-site residential use.
(d)
Educational, religious and philanthropic uses
shall provide off-street parking as follows:
[1]
Educational. Primary, elementary or middle school:
1.25 spaces for each classroom; high school, institution of higher
learning or private school: one space for each five students, based
on design capacity of the facility.
[2]
Stadium or similar place of assembly: one space
for each four seats.
[3]
Churches. One off-street parking space for each
four seats in the sanctuary or main congregational assembly area of
the church.
[4]
Philanthropic. Parking requirements for philanthropic
uses shall be established by the Planning Commission on a case-by-case
basis.
(e)
Public and private noncommercial recreation
facilities shall provide off-street parking on the basis of one parking
space for each three occupants, as determined by the maximum lawful
capacity of any such facility, or, if not applicable, by the estimated
maximum capacity of the facility.
(2)
In C-1, C-2 and LI commercial districts:
(a)
Business, sales, professional offices and banks
shall provide off-street parking at the rate of one space for each
600 square feet of net floor area.
(b)
Restaurants shall provide off-street parking
at the rate of one space for every four seats.
(c)
Other permitted uses in these districts shall
provide off-street parking at the rate of one space for every 200
square feet of usable business and display space.[1]
[1]
Editor's Note: Subsection C(3), which immediately
followed this section, pertained to the P Zoning District, which was
repealed 12-20-1995 by Ord. No. 832.
D.
Schedule of requirements for off-street loading. In
any district, in connection with every building or building group
or part thereof which is to be occupied by commercial, industrial
or other nonresidential uses which rely on delivery or distribution
of materials or merchandise, there shall be provided and maintained
on the same lot with such building, off-street loading berths in accordance
with the following standards:
|
Uses
|
Required Floor Area
(total square feet)
|
Off-Street
Loading Berths
| |
|---|---|---|---|
|
Schools
|
—
|
1
| |
|
Retail and service commercial
|
—
|
1
| |
|
Wholesale commercial
|
Under 10,000
|
1
| |
|
Over 10,000
|
2
| ||
|
Warehousing or storage
|
Under 10,000
|
1
| |
|
For each additional 20,000 or fraction thereof
|
1 additional
|
E.
Standards for off-street parking and loading areas.
(1)
A required off-street parking space shall be a minimum
dimension of nine feet wide by 20 feet long.
(2)
A required off-street loading space shall be a minimum
dimension of 15 feet wide and 60 feet long.
(3)
When determination of the required number of off-street
spaces for parking or loading results in a fractional space, any fraction
of 1/2 or more shall be interpreted as a whole space.
(4)
No off-street parking or loading space shall be located
within 10 feet of a public right-of-way.
A.
Authority. Mobile home courts may be permitted in the R-2 General Residential and LI Light Industrial Districts as a conditional use, as provided in § 193-9D(2) and § 193-13D(3) of this article, pursuant to the standards and conditions specified herewith.
B.
Mobile home court site requirements.
(1)
Minimum court area. All courts shall have a minimum
gross site area of at least five contiguous acres of land.
(2)
Site location. All courts shall comply with the following
minimum requirements:
(a)
Shall be free from adverse influence by swamps,
marshes, garbage or rubbish disposal areas or similar adverse environmental
conditions, whether of a natural or man-made nature.
(b)
Shall not be subject to flooding.
(c)
Shall not be subject to hazard or nuisance factors
of a nature to render the site unacceptable for residential purposes.
(3)
Site drainage.
(a)
The ground surface throughout the site shall
be graded and equipped to drain all surface water in a safe, adequate
and efficient manner.
(b)
All surface water collectors and other bodies
of standing water shall be eliminated or controlled to eliminate breeding
of insects.
(c)
Wastewater from any plumbing fixture or sewer
line shall not be deposited upon the ground surface in any part of
a court site or adjacent land area.
(4)
Soil and ground cover.
(a)
All exposed ground surfaces throughout the court
site shall be paved, covered with solid material or protected with
a vegetative growth that is capable of preventing soil erosion and
the creation of dust conditions during periods of dry weather.
(b)
All site areas shall be maintained free of vegetative
growth which is poisonous or which is capable of harboring rodents,
insects or other harmful pests.
(5)
Nonresidential.
(a)
No part of any site shall be used for nonresidential
purposes, except such uses that are required for the direct servicing
and well-being of park residents and for the management and maintenance
of recreational features of the court.
(b)
Nothing contained in this section of the requirements
for mobile home courts shall be deemed as prohibiting the sale of
a mobile home located on a mobile home lot and connected to utilities.
(6)
Setbacks, buffers, screening and reserve area.
(a)
All mobile home units, permitted accessory structures
and court service buildings shall be located at least 50 feet from
any court boundary line abutting any public right-of-way and at least
10 feet from other court boundary lines.
(b)
There shall be a minimum distance of 15 feet
between an individual mobile home, including accessory structures,
and adjoining right-of-way of a court street or common parking area
or other common areas and structures.
(c)
All mobile home courts shall be required to
provide screening, such as fences or natural growth, along the property
lines which separate the court site from other properties.
(d)
All mobile home courts shall reserve and improve
8% of the total area of said court for recreation and playground use
of the court residents. The site of such reserve area shall be centrally
located for the convenience of residents, and the location and plan
of improvements shall meet the approval of the Planning Commission.
(7)
Mobile home sites and unit placement.
(a)
Mobile home lots within the court shall have
a minimum area of 3,000 square feet.
(b)
Each mobile home lot shall be improved to provide
an adequate foundation for the placement of the mobile home. At a
minimum, this shall include:
(c)
Mobile homes shall be separated from each other
and from all buildings and other structures by at least 15 feet.
(d)
A screening enclosure of compatible design and
material shall be erected around the entire base of each mobile home
within three months of the unit's installation on the site.
(8)
Court street system.
(a)
A safe and convenient paved vehicular access
shall be provided from abutting public roads with a minimum right-of-way
of 40 feet. Said accessways shall serve all mobile home sites.
(c)
Dead-end streets shall be provided with a cul-de-sac
having an outside roadway diameter of at least 60 feet.
(d)
Street construction and design standards shall
be in accordance with specifications to be set by the Borough Council.
(e)
All courts shall be furnished with streetlighting
units so spaced and equipped to provide average levels of illumination
adequate for the safe movement of pedestrians and vehicular traffic
at night.
(9)
Off-street parking.
(a)
One off-street parking space shall be provided for each mobile home unit as specified in § 193-20B(7)(b)[2] above.
(b)
In addition to the requirement in Subsection B(9)(a), at least one additional space for every two mobile home sites shall be provided in paved parking lots. Such parking lots shall be located so as to provide convenient access to the mobile homes they are intended to serve. Such siting shall not exceed the distance of 200 feet from said units.
(11)
Sewage disposal. An adequate and safe sewerage
system shall be provided in all courts for the conveying and disposing
of sewage from mobile homes, service buildings and other accessory
facilities provided as part of the court development. Such system
shall be designed, constructed and maintained in accordance with the
Pennsylvania Department of Environmental Resources and local regulations.
All proposed sewage disposal systems and facilities shall be approved
by state and local officials prior to construction. No individual
mobile home unit septic systems shall be permitted.
(12)
Water supply.
(a)
When a public water system is available, connection
shall be made thereto and used exclusively to serve the mobile home
court.
(b)
When a public water system is not available,
the development of a private water supply system shall be approved
by the Pennsylvania Department of Environmental Resources or other
authorities having jurisdiction.
(13)
Electrical system. Every court shall contain
an electrical wiring system consisting of fixtures and equipment which
shall be installed and maintained in accordance with the local operating
power company's specifications.
(14)
Refuse handling. The storage, collection and
disposal of refuse in the mobile home court shall be conducted in
a manner not to create health hazards, rodent harborage, air pollution
or any type of hazardous condition.
(16)
Service facilities.
(a)
No central toilet or washroom facilities shall
be constructed in a mobile home court other than those established
in support of community buildings, swimming pools, recreation areas
or similar facilities for the use of court residents. All mobile homes
located in the court shall be equipped with toilet and washroom facilities
which shall be connected to central sewage facilities.
(b)
Central laundry facilities may be permitted
for the use of court residents. Such facilities shall be maintained
in a safe and clean condition at all times by the court operators.
C.
Court management responsibilities.
(1)
The person to whom the conditional use is granted
for the development of a mobile home court shall be responsible for
the establishment and operation of the court in compliance with this
article.
(2)
The court management shall supervise the placement
of each mobile home on its lot. This shall include responsibility
for proper alignment, anchoring and utility connections.
(3)
The court management shall maintain a register containing
the names of all court residents.
The provisions of this article shall be subject
to such exceptions, additions or modifications as herein provided
by the following supplementary regulations:
A.
Essential services. Essential services, as defined
in this article, shall be permitted in all zoning districts, subject
to restrictions approved by the Zoning Hearing Board with respect
to use, design, yard area, setback and height.
B.
Dwellings on small lots. Notwithstanding the limitations
imposed by any other provisions of this article, the Zoning Hearing
Board may permit erection of a dwelling on any lot (in a district
where permitted by this article) separately owned, or under contract
of sale, and containing at the time of the passage of this article
an area or width smaller than that required for a single-family dwelling.
C.
Storage.
[Amended 6-15-1994 by Ord. No. 820]
(1)
No lot or premises shall be used as a garbage dump
or a dead animal rendering plant. No rubbish or miscellaneous refuse
may be stored in the open within any district where the same may be
construed as a nuisance to public health, safety or general welfare.
(2)
No activities or substances of a hazardous nature
shall be employed, stored or utilized in a manner that will constitute
a danger to the health, safety or general welfare of site occupants,
adjacent areas or the community at large. Where reasonable cause for
concern is raised by Borough officials, residents or other affected
parties, the property owner shall be required to certify that no such
conditions are or will be present.
(3)
Any materials stored within the Borough of Baden shall
be limited to nonhazardous substances. No materials that are classified
as hazardous and/or that have the characteristics of toxicity, reactivity,
ignitability or corrosiveness to the extent that they may be deemed
hazardous shall be transported to, processed, handled or stored within
the Borough.
(4)
The Borough Council shall be granted the opportunity
to investigate the nature of materials stored, processed or otherwise
handled at any site within the Borough and to determine whether said
materials or components thereof constitute an unacceptable risk to
the general health, safety and public welfare of the residents of
the Borough. Any costs incurred by the Borough in making said investigations
and determinations in conjunction with materials stored, processed
or otherwise handled shall be reimbursed by the property owner.
D.
Fences.
[Amended 6-15-1994 by Ord. No. 820]
(1)
Fences, walls, hedges and other plant materials shall
not be located at street corners so as to interfere with vision clearance
across the corner lots. The height of such objects is restricted to
three feet within a triangular area formed by the intersecting street
lines and a line joining points on the street lines and equidistant
from the point of intersection. This distance shall be 30 feet from
the corner. In addition, no fence, wall, hedge or other plant material
shall be placed or allowed to grow in such a manner as to impede vision
from driveways on the owner's lot or adjacent lots.
(2)
Fences, walls, plant materials or similar enclosures
are permitted up to the property line. In no case shall such structures
and/or materials be placed beyond the lot line or in any public right-of-way.
(3)
In residential districts, rear yard fences and any
portion of side yard fences that extend from the front building line
to the rear lot line may be erected up to the property line of a lot,
to a height not in excess of six feet above the adjacent ground level.
Solid fences may be permitted.
(4)
In residential districts, front yard fences and any
portion of side yard fences that extend from the front building line
to the front lot line may be erected up to the property line of a
lot to a height not in excess of three feet above the adjacent ground
level, provided that the ratio of the solid portion of the fence to
the open portion shall not exceed 1:1.
E.
Disabled motor vehicles, equipment and trailers. No motor vehicle, as defined by § 178-1 of the Baden Code of Ordinances, or motorized equipment or trailers which are disabled, inoperable, from which the wheels or engine have been removed, which are not in operating condition for their intended use, or which do not have a current valid vehicle registration and inspection sticker attached, shall be parked or stored for a period in excess of 30 days in any zoning district, nor shall the owner or occupant of any property in any zoning district permit said property to be used for the parking or storage of any such vehicle, equipment or trailer. The foregoing shall not prohibit the use or rental of space in a private or public garage or repairs in a commercial garage in a zoning district where such is permitted by this chapter.
[Amended 8-16-2006 by Ord. No. 896; 5-16-2007 by Ord. No. 899]
F.
Temporary structures. Temporary structures and trailers
used in conjunction with construction work shall be permitted only
during the periods that construction is in progress. Permits for such
temporary structures shall be issued for a maximum of six months.
G.
Pools.
(1)
Swimming pools, ponds, open wells and similar pits
or bodies of water shall be enclosed within a fence or enclosure at
least four feet in height. The fence or enclosure, as well as the
entrance, shall be reasonably designed and constructed in a manner
which will prevent access by children of tender age.
(2)
Portable pools and children's pools which are 12 feet
or less in diameter shall be exempt from the fencing requirement,
provided that the depth capacity of any such pool is less than 30
inches at the point of maximum depth. However, said pools shall be
adequately covered or protected in a manner to prevent access by children
of tender age during any period that the pool is unattended by responsible
individuals.
A.
When permitted. Subject to the provisions of this
section, a use of building or land existing at the time of enactment
of this article may be continued even though such use does not conform
to the provisions of these regulations for the district in which it
is located.
B.
Unsafe structure. Nothing in this article shall prevent
the strengthening or restoring to a safe condition of any portion
of a building or structure declared unsafe by a proper authority.
C.
Alterations. A nonconforming building or structure
may be altered, improved or reconstructed. Said alteration, improvement
or reconstruction shall be permitted only if it is a normal, natural
or consistent growth of the same character as that of the use existing
at the time of passage of this article.
D.
Restoration. Nothing in this article shall prevent
the reconstruction, repairing, rebuilding and continued use of any
nonconforming building or structure damaged by fire, collapse, explosion
or act of God subsequent to the date of this article.
E.
Extension.
(1)
A nonconforming use may be extended as a special exception,
subject to the following:
(a)
The extension becomes an attached part of the
main structure and does not utilize additional or adjoining land area
other than the original parcel.
(b)
The extension does not encroach upon the yard
and height requirements of the district in which the nonconforming
use is located.
(c)
The extension is for the purpose of expanding
the nonconforming use in existence at the time of the adoption of
this article.
(2)
Extension of a lawful use to any portion of a nonconforming
building or structure which existed prior to the enactment of this
article shall not be deemed an extension of such nonconforming use.
F.
Changes. No nonconforming building, structure or use
shall be changed to another nonconforming use, except that a nonconforming
building, structure or use may be changed to another nonconforming
use of equal or more restricted classification as a special exception
or variance after public hearing and subject to the standards and
regulations imposed by the Zoning Hearing Board to reasonably assure
that the changes will not adversely affect the public interest.
G.
Abandonment. A nonconforming use of a building or
land which has been abandoned shall not thereafter be returned to
such nonconforming use. A nonconforming use shall be considered abandoned
as follows:
(1)
When the intent of the owner to discontinue the use
is apparent.
(2)
When the characteristic equipment and furnishings
of the nonconforming use have been removed from the premises and have
not been replaced by similar equipment within 90 days, unless other
facts show intention to resume the nonconforming use.
(3)
When a nonconforming use has been discontinued for
a period of 12 months.
(4)
When it has been replaced by a conforming use.
(5)
When it has been changed to another use under permit
from the Zoning Hearing Board.
H.
Unlawful use not authorized. Nothing in this article
shall be interpreted as authorization for, or approval of, the continuance
of the use of a structure or premises in violation of zoning regulations
in effect at the time of the effective date of this article.
I.
District changes. Whenever the boundaries of a district
shall be changed so as to transfer an area from one district to another
district of a different classification, the foregoing provisions shall
apply to any nonconforming uses existing therein.
J.
Recording. All nonconforming uses existing at the
time of the passage of this article shall be recorded and maintained
for public use by the Zoning Officer.
A.
Zoning Officer.
(1)
A Zoning Officer shall administer and enforce this
article. The duties of the Zoning Officer shall include but shall
not be limited to the following:
(a)
Receiving of applications required by this article.
(b)
Inspection of premises.
(c)
Issuing of zoning permits and certificates of
occupancy.
(d)
Maintaining records of all official duties.
(e)
Recording and maintaining records of all nonconforming
uses existing at the effective date of this article.
(f)
No permits shall be issued by the Zoning Officer,
except in accordance with the literal provisions of this article.
(g)
No construction or any use or change of use
which does not conform to this article shall be granted permission
by the Zoning Officer.
(2)
The Zoning Officer shall be appointed by the Council
of the Borough of Baden, Beaver County, Pennsylvania.
(3)
The Zoning Officer shall not hold any elective office
in the Borough of Baden.
(4)
The Zoning Officer shall demonstrate to the satisfaction
of the Borough Council a working knowledge of this article, an understanding
of municipal development goals and objectives, an ability to work
harmoniously with local citizens, and such other criteria as may be
established by the Council for the conduct and administration of the
office.
[Added 6-15-1994 by Ord. No. 820]
B.
Zoning permit.
[Amended 6-15-1994 by Ord. No. 820]
(1)
No building or structure shall be erected, added to
or structurally altered until a permit therefor has been issued by
the Zoning Officer. All applications for zoning permits shall be in
accordance with the requirements of this article, and, unless upon
written order of the Zoning Hearing Board, no such zoning permit shall
be issued for any building where said construction, addition or alteration
for use thereof would be in violation of any of the provisions of
this article.
(2)
Remodeling or improvement of an existing building
that does not alter the basic structure, create additional lot area
coverage or change the use of the parcel or building is exempt from
the requirement for a zoning permit.
(3)
Small single-level accessory buildings on residential
properties not exceeding 140 square feet shall be exempt from the
requirement for a zoning permit; however, siting of said structures
shall conform to applicable side and rear yard setbacks and shall
be situated to the rear of the back building line of the primary residential
structure.
(4)
There shall be submitted with all applications for
zoning permits two copies of a layout or plot plan drawn to scale
showing the actual dimensions of the lot to be built upon, the exact
size and location of the building on the lot and accessory buildings
to be erected, and other such information as may be deemed necessary
by the Zoning Officer to determine and provide for the enforcement
of this section.
C.
Occupancy permit.
(1)
Upon completion of the authorized new construction,
alteration, remodeling, change of use of building or land under the
provisions of a zoning permit, such building shall not be occupied
until an occupancy permit has been issued by the Zoning Officer. A
written request to the Zoning Officer shall be processed within one
week of receipt of the request of the proposed use, provided that
the use is in conformity with the provisions of this article and other
effective and applicable ordinances. The Zoning Officer's refusal
to issue an occupancy permit shall include a written statement to
the applicant containing reasons for such denial.
(2)
Occupancy permits are required for the following:
(a)
Occupancy of a new building.
(b)
Occupancy and use of a building hereafter moved
or altered so as to require a zoning permit.
(c)
Change in the use of an existing building other
than to a use of the same type.
(d)
Occupancy and use of vacant land.
(e)
Change in the use of land except to another
use of the same type.
(f)
Any change in use of a nonconforming use.
(3)
Occupancy permits shall state that the building or
the proposed use of a building or land complies with all provisions
of this article and is deemed to authorize and is required for both
initial and continued occupancy and use of the building and land so
long as such building and use is in full conformity with the provisions
of this article.
D.
Fees.
[Amended 6-15-1994 by Ord. No. 820]
(1)
The Borough Council shall set and adopt by resolution
a reasonable schedule of fees and charges as well as collection procedures
for permits, conditional uses, special exceptions, variances, amendments
and other administrative procedures pertaining to this article and
may prescribe reasonable fees with respect to hearings before the
Zoning Hearing Board.
(2)
Fees for these hearings may include compensation for
the Secretary and members of the Zoning Hearing Board, notice and
advertising costs and necessary administrative overhead connected
with the hearing. The costs, however, shall not include legal expenses
of the Zoning Hearing Board, expenses for engineering, architectural
or other technical consultants or expert witness costs.
E.
Zoning Hearing Board.
(1)
Creation, appointment and organization.
[Amended 6-15-1994 by Ord. No. 820]
(a)
The membership of the Zoning Hearing Board shall
consist of three residents of the Borough appointed by resolution
of the Borough Council. Their terms of office shall be three years
and shall be fixed so that the term of office of one member shall
expire each year. The Zoning Hearing Board shall promptly notify the
Borough Council of any vacancies that occur. Appointments to fill
vacancies shall be only for the unexpired portion of the term. Members
of the Zoning Hearing Board shall hold no other office in the municipality.
(b)
The Borough Council may appoint by resolution
at least one but no more than three residents of Baden Borough to
serve as alternate members of the Zoning Hearing Board. The term of
office of an alternate member shall be three years. Alternates shall
hold no other elective or appointive office in the Borough. Any alternate
may participate in proceedings or discussions of the Board but shall
not be entitled to vote as a member of the Board nor be compensated
unless designated as a voting alternate member pursuant to the following
process:
[1]
If by reason of absence or disqualification
of a member a quorum is not reached, the Chairman of the Board shall
designate as many alternate members of the Board to sit on the Board
as may be needed to provide a quorum.
[2]
Any alternate member of the Board shall continue
to serve on the Board in all proceedings involving the matter or case
for which the alternate was initially appointed until the Board has
made a final determination of the matter or case.
[3]
Designation of an alternate shall be made on
a case-by-case basis in rotation according to declining seniority
among all alternates.
(c)
The Zoning Hearing Board shall elect from its
own membership its officers, who shall serve annual terms as such
and may succeed themselves. For the conduct of any hearing and the
taking of any action, a quorum shall be not less than a majority of
all members of the Board, but the Board may appoint a hearing officer
from its own membership to conduct any hearing on its behalf, and
the parties may waive further action by the Board as provided by law.
The Board may make, alter and rescind rules and forms for its procedure,
consistent with ordinances of the municipality and laws of the commonwealth.
The Board shall keep full public records of its business and shall
submit a report of its activities to the Borough Council once a year.
(d)
Members of the Board may receive compensation for the performance of their duties as may be fixed by the Borough Council, but in no case shall it exceed the rate of compensation authorized to be paid to the Borough Council. Alternate members may receive similar compensation when designated to participate in hearings as specified in § 193-23E(1)(b) above.
(e)
The Zoning Hearing Board may employ or contract
for and fix the compensation of legal counsel, as the need arises.
The legal counsel shall be an attorney other than the Borough Solicitor.
The Board may also employ or contract for and fix the compensation
of experts and other staff and may contract for services as it shall
deem necessary. The compensation of legal counsel, experts and staff
and the sums expended for services shall not exceed the amount appropriated
by the Borough Council for this use.
(f)
The Zoning Hearing Board or hearing officer,
as the case may be, shall keep a stenographic record of the proceedings.
The appearance fee for a stenographer shall be shared equally by the
applicant and the Board. The cost of the original transcript shall
be paid by the Board if the transcript is ordered by the Board or
hearing officer or shall be paid by the person appealing from the
decision of the Board if such appeal is made, and in either event,
the cost of additional copies shall be paid by the person requesting
such copy or copies. In other cases, the party requesting the original
transcript shall bear the cost thereof.
(g)
Fees for hearings before the Zoning Hearing
Board may include compensation for the Secretary and members of the
Zoning Hearing Board, notice and advertising costs and necessary administrative
overhead connected with the hearing. The costs, however, shall not
include legal expenses of the Zoning Hearing Board, expenses for engineering,
architectural or other technical consultants or expert witness costs.
(2)
Powers and duties.
(a)
The Zoning Hearing Board shall hear and decide
appeals from any order, requirement, decision or determination made
by the Zoning Officer in the administration of this article.
(b)
The Zoning Hearing Board shall hear and decide
all matters referred to it or upon which it is required to pass under
this article and other applicable laws of the Commonwealth of Pennsylvania.
(c)
The Zoning Hearing Board shall hear and decide
appeals where it is alleged by the appellant that the Zoning Officer
has failed to follow prescribed procedures or has misinterpreted or
misapplied any provision of a valid ordinance or map or any valid
rule or regulation governing the action of the Zoning Officer.
(d)
The Zoning Hearing Board shall hear challenges
to the validity of a zoning ordinance or map. In all such challenges,
the Board shall decide all contested questions and shall make findings
on all relevant issues of fact which shall become part of the record
on appeal to the court.
(e)
The Zoning Hearing Board shall hear requests
for variances where it is alleged that the provisions of this article
inflict unnecessary hardship upon the applicant. The Board may by
rule prescribe the form of application and may require preliminary
application to the Zoning Officer. The Board may grant a variance,
provided that the following findings are made where relevant in a
given case:
[1]
That there are unique physical circumstances
or conditions peculiar to the particular property and that the unnecessary
hardship is due to such conditions.
[2]
That, because of such physical circumstances
or conditions, there is no possibility that the property can be developed
in strict conformity with the provisions of this article and that
the authorization of a variance is therefore necessary to enable the
reasonable use of the property.
[3]
That such unnecessary hardship has not been
created by the appellant.
[4]
That the variance, if authorized, will not alter
the essential character of the neighborhood or district in which the
property is located, nor substantially or permanently impair the appropriate
use or development of adjacent property, nor be detrimental to the
public welfare.
[5]
That the variance will represent the minimum
variance that will afford relief.
(f)
The Zoning Hearing Board may authorize special
exceptions where the governing body in this article has made provision
for such procedures pursuant to express standards and criteria. The
Board may attach such additional conditions and safeguards as it may
deem necessary.
(g)
Where it has zoning jurisdiction, the Zoning
Hearing Board shall also hear all appeals which an applicant may elect
to bring before it with respect to any municipal ordinance or requirement
pertaining to the same development or development plan. The Board
shall have no power to pass upon the nonzoning issues but shall take
evidence and make a record thereon.
(3)
Procedure. The procedure of the Zoning Hearing Board
shall be governed by the provisions of applicable laws of the Commonwealth
of Pennsylvania and such rules, not inconsistent therewith, as the
Board may adopt. In general, the procedure for appeal from action
of the Zoning Officer shall be as follows:
(a)
Any appeal from the requirements of this article
shall be taken by filing with the officer from whom the appeal is
taken and with the Zoning Hearing Board a notice of appeal, specifying
the grounds thereof. The officer from whom the appeal is taken shall
forthwith transmit to the Board all of the documentary material constituting
the record upon which the action appealed was taken.
(b)
The appellant shall, at the time of filing his
appeal, pay the enforcing officer a fee as determined by the governing
body to defray or help defray the required advertising costs.
(c)
Each appeal shall be tried on its merits at
a public hearing. All hearings shall be conducted in accordance with
the requirements of the Pennsylvania Municipalities Planning Code,
Act 247,[1] with respect to such proceedings. Notice of such appeal
shall be given by publishing in a newspaper of general circulation
in the Borough and in accordance with the applicable law. The Board
shall give the additional notice required by law to all parties in
interest and may adjourn any hearing for the purpose of giving such
notice.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
(d)
The Planning Commission shall furnish all pertinent
narrative material, maps, charts and other data relative to the problem
for reference by all concerned. The Board may adjourn any hearing
for the purpose of reviewing such data as may be pertinent to the
problem and request interpretations of said data by a representative
of the Planning Commission.
(e)
The Board shall decide each appeal within the
time fixed by law, and notice thereof shall be given to all parties
in interest. The Board's decision shall be immediately filed in its
office and be a public record. In the exercise of its functions upon
such appeals or upon exceptions, the Board may, in conformity with
law, reverse or affirm, wholly or partly, or modify the order, requirement,
decision or determination appealed from, or make such order, requirement,
decision or determination as in its opinion is justified to be made.
(f)
Within seven calendar days after rendering a
decision on an appeal, request for variance or special exception,
the Zoning Hearing Board shall file a copy of such decision with the
Borough Secretary for distribution to the governing body.
(g)
Any person, officer or agency of the municipality
that is aggrieved by any decision of the Board may appeal therefrom
within 30 days to the Court of Common Pleas as provided by law.
A.
Permitted changes. Whenever the public necessity,
convenience or general welfare indicate, the governing body may, by
ordinance in accordance with applicable laws of the Commonwealth of
Pennsylvania, amend, supplement or change the regulations, restrictions,
boundaries or classifications of buildings, structures and land, as
the same are established by this article or may hereafter be made
a part thereof.
B.
Application or petitions. Applications or petitions
for any change or amendments to existing zoning districts shall be
made to the office of the Planning Commission and shall be accompanied
with a fee as determined by the governing body, payable to the Borough
of Baden, which shall be deposited in the general fund. This fee is
for the purpose of defraying the costs of preparing the necessary
plats, maps, data, legislations and notices and all official publications
required by the Borough and shall not be refundable even if the application
is disapproved by the governing body.
C.
Amendment by municipality. The Council of the Borough
of Baden may, from time to time, on its own motion or petition, after
public notice and hearing, amend the regulations and districts herein
established, but no amendment shall become effective unless the same
shall have first been submitted to the Borough Planning Commission
at least 30 days prior to the public hearing, to provide the Planning
Commission an opportunity to submit recommendations. If the amendment
is changed substantially or revised to include changes in land area
following a public hearing upon the amendment, the Council shall hold
another public hearing pursuant to public notice. The Borough shall
submit amendments to the Beaver County Planning Commission for review
at least 30 days prior to public hearings and shall forward copies
of amendments to said agency within 30 days of enactment.
[Amended 6-15-1994 by Ord. No. 820]
D.
Curative amendment. A landowner who desires to challenge
on substantive grounds the validity of an ordinance or map or any
provision thereof which prohibits or restricts the use or development
of land in which he has an interest may submit a curative amendment
to the governing body with a written request that his challenge and
proposed amendment be heard and decided. The governing body shall
commence a hearing thereon within 60 days of the request. The curative
amendment shall be referred to the planning agency and notice of the
hearing thereon shall be given.
E.
Public hearing.
(1)
The governing body shall fix the time and place of
a public hearing on the proposed amendment and cause notice to be
given.
(2)
The notice shall state briefly the substance of the
proposed amendment as well as the date, time and place of hearing.
(3)
If a proposed amendment involves a Zoning Map change,
notice of said public hearing shall be conspicuously posted by the
Borough at points deemed sufficient along the perimeter of the tract
to notify potentially interested citizens. The affected tract or areas
shall be posted at least one week prior to the date of the hearing.
[Added 6-15-1994 by Ord. No. 820]
The interpretation and application of the provisions
of this article shall be held to be the minimum requirements for the
promotion of the health, safety, morals and general welfare. The chapter
is not intended to interfere with or abrogate or annul other rules,
regulations or ordinances of the Borough of Baden, provided that,
where this article imposes a greater restriction upon the use of building
or premises or upon the height of a building or requires larger open
spaces than are imposed by other such rules, regulations or ordinances,
the provision of this article shall prevail.
[Amended 6-15-1994 by Ord. No. 820]
A.
Causes of action.
(1)
If a violation of this article occurs, the Borough
shall initiate enforcement proceedings by sending an enforcement notice
as provided in this section. The enforcement notice shall be sent
to the owner of record of the parcel on which the violation has occurred,
to any person who has filed a written request to receive enforcement
notices regarding that parcel and to any other person requested in
writing by the owner of record.
(2)
The enforcement notice shall state at least the following:
(a)
The name of the owner of record and any other
person against whom the Borough intends to take action.
(b)
The location of the property in violation.
(c)
The specific violation with a description of
requirements that have not been met, citing in each instance the applicable
provisions of this article.
(d)
The date before which the steps for compliance
must be commenced and the date before which the steps must be completed.
(e)
That the recipient of the notice has the right
to appeal to the Zoning Hearing Board within a prescribed period of
time in accordance with procedures set forth in this article.
(f)
That failure to comply with the notice within
the time specified, unless extended by appeal to the Zoning Hearing
Board, constitutes a violation, with possible sanctions clearly described.
B.
Remedies. In case any building, structure or land
is, or is proposed to be, erected, constructed, reconstructed, altered,
converted, maintained or used in violation of this article, the Borough
Council or, with the approval of the Council, an officer of the Borough,
or an aggrieved owner or tenant of real property who shows that his
property or person will be substantially affected by the alleged violation,
in addition to other remedies may institute any appropriate action
or proceeding to prevent, restrain, correct or abate such building,
structure or land, or to prevent, in or about such premises, any act,
conduct, business or use constituting a violation. When any such action
is instituted by a landowner or tenant, notice of that action shall
be served upon the Borough at least 30 days prior to the time the
action is begun by serving a copy of the complaint on the Borough.
No such action may be maintained until such notice has been given.
[Amended 6-15-1994 by Ord. No. 820; 8-16-2006 by Ord. No. 896; 5-16-2007 by Ord. No. 899]
Any person, partnership or corporation or agent thereof who
or which has violated or permitted the violation of the provisions
of this article shall, upon being found liable therefore in a civil
enforcement proceeding commenced by the Borough, pay a judgment of
not less than $300 and not more than $1,000, plus all court costs,
including reasonable attorneys' fees incurred by the Borough
as a result thereof. No judgment shall commence or be imposed, levied
or payable until the date of the determination of a violation by the
District Justice. If the defendant neither pays nor timely appeals
the judgment, the Borough may enforce the judgment pursuant to the
applicable Rules of Civil Procedure. Each day that the violation continues
beyond the District Justice's determination shall constitute
a separate violation. All judgments, costs and reasonable attorneys'
fees collected for the violation of zoning ordinances shall be paid
over to the Borough.
[Adopted 3-19-1997 by Ord. No. 838]
It is the purpose of this article to regulate
sexually oriented businesses to promote the health, safety and general
welfare of the citizens of the Borough and to establish reasonable
and uniform regulations to prevent the continued deleterious location
and concentration of sexually oriented businesses within the Borough.
The provisions of this article have neither the purposes nor effect
of imposing a limitation or restriction on the content of any communicative
materials, including sexually oriented materials. Similarly, it is
not the intent nor effect of this article to restrict or deny access
by adults to sexually oriented materials protected by the First Amendment
or to deny access by the distributors and exhibitors of sexually oriented
entertainment to their intended market; neither is it the intent nor
effect of this article to condone or legitimize the distribution of
obscene material.
As used in this article, the following terms
shall have the meanings indicated:
Any place to which the public is permitted or invited wherein
coin-operated or slug-operated or electronically, electrically or
mechanically controlled still- or motion-picture machines, projectors
or other image-producing devices are maintained to show images to
five or fewer persons per machine at one time, and where the images
so displayed are distinguished or characterized by the depicting or
describing of specified sexual activities or specified anatomical
areas.
A commercial establishment which, as one of
its principal business purposes, offers for sale or rental for any
form of consideration one or more of the following:
Books, magazines, periodicals or other printed
matter or photographs, films, motion pictures, videocassettes or video
reproductions, slides or other visual representations which depict
or describe specified sexual activities or specified anatomical areas;
or
Instruments, devices or paraphernalia which
are designated for use in connection with specified sexual activities.
A commercial establishment may have other principal
business purposes that do not involve the offering for sale or rental
of material depicting or describing specified sexual activities or
specified anatomical areas and still be categorized as "adult bookstore
or adult video store." Such other business purposes will not serve
to exempt such commercial establishment from being categorized as
an "adult bookstore or adult video store," so long as one of its principal
business purposes is the offering for sale or rental for consideration
the specified materials which depict or describe specified sexual
activities or specified anatomical areas.
A nightclub, bar, restaurant or similar commercial establishment
which regularly features:
Persons who appear in the state of nudity; and
Live performances which are characterized by
the exposure of specified anatomical areas or by specified sexual
activities; or
Films, motion pictures, videocassettes, slides
or other photographic reproductions which are characterized by the
depiction or description of specified anatomical areas or by specified
sexual activities.
A hotel, motel or similar commercial establishment which:
Offers accommodations to the public for any
form of consideration; provides patrons with closed-circuit television
transmissions, films, motion pictures, videocassettes, slides or other
photographic reproductions which are characterized by the description
of specified anatomical areas or by specified sexual activities, and
has a sign visible from the public right-of-way which advertises the
availability of this adult type of photographic reproductions; or
Offers sleeping rooms for rent four or more
times in one calendar day during five or more calendar days in any
continuous thirty-day period.
A commercial establishment where, for any form of consideration,
films, motion pictures, videocassettes, slides or similar photographic
reproductions are regularly shown which are characterized by the depiction
or description of specified anatomical areas or by specified sexual
activities.
A theater, concert hall, auditorium or similar commercial
establishment which regularly features persons who appear in a state
of nudity or live performances which are characterized by the exposure
of specified anatomical areas or by specified sexual activities.
Borough of Baden.
A person who, for consideration, agrees or offers to act
as a companion, guide or date for another person or who agrees or
offers to privately model lingerie or to privately perform a striptease
for another person.
A person or business association who furnishes, offers to
furnish or advertises to furnish escorts as one of its business purposes
for a fee, tip or other consideration.
Any place where a person who appears in a state of nudity
or displays specified anatomical areas or by specified sexual activities
is provided to be observed, sketched, drawn, painted, sculptured,
photographed or similarly depicted by other persons who pay money
or any form of consideration.
The appearance of a human bare buttock, anus, male genitals,
female genitals or female breast.
A person in whose name a permit and/or license to operate
a sexually oriented business has been issued, as well as the individual
listed as an applicant on the application for a permit and/or license.
An individual, proprietorship, partnership, corporation,
association or other legal entity.
A state of dress in which clothing covers no more than the
genitals, pubic region and areola of the female breast, as well as
portions of the body covered by supporting straps or devices.
A business or commercial enterprise that, as one of its primary
business purposes, offers for any form of consideration:
An adult arcade, adult bookstore or adult video store, adult
cabaret, adult motel, adult motion-picture theater, adult theater,
escort agency, nude model studio or sexual encounter center.
The male genitals in a state of sexual arousal and/or the
vulva or more intimate parts of the female genitals.
Includes any of the following:
Of a sexually oriented business, the term refers to the increase
in floor areas occupied by the business by more than 25%, as the floor
areas exist on date of enactment of this article.
With reference to a sexually oriented business, includes
any of the following:
The sale, lease or sublease of the business;
The transfer of securities which constitutes
a controlling interest in the business, whether by sale, exchange
or similar means; or
The establishment of a trust, gift or other
similar legal device which transfers the ownership or control of the
business, except for the transfer by bequest or other operation of
law upon the death of the person possessing the ownership or control.
Sexually oriented businesses are classified
as follows:
A.
Any person who operates a sexually oriented business
without a valid permit issued by the Borough is guilty of a violation
of the Zoning Ordinance of the Borough.
B.
An application for a permit to operate a sexually
oriented business must be made on a form provided by the Code Enforcement
Officer of the Borough. The application must be accompanied by a sketch
or diagram showing the floor plan and plot plan configuration of the
premises, including a statement of total floor space occupied by the
business. The sketch or diagram need not be professionally prepared
but must be drawn to a designated scale or drawn with marked dimensions
of the interior of the premises to any accuracy of plus or minus six
inches.
C.
The applicant must be qualified according to the provisions
of this article, and the premises must be inspected and found to be
in compliance with the law by the Code Enforcement Officer.
D.
If a person who wishes to operate a sexually oriented
business is an individual, he must sign the application for a permit
as applicant. If a person who wishes to operate a sexually oriented
business is other than an individual, each individual who has an interest
of 10% or greater in the business must sign the application for a
permit as applicant. If a corporation is listed as owner of a sexually
oriented business or as the entity which wishes to operate such a
business, each individual having a direct or indirect interest of
10% or greater in the corporation must sign the application for a
permit as applicant.
E.
The fact that a person possesses other types of Borough
permits does not exempt the person from the requirement of obtaining
a sexually oriented business permit.
A.
The Borough Code Enforcement Officer shall approve
the issuance of a permit to an applicant within 30 days after receipt
of an application unless he finds one or more of the following to
be true:
(1)
An applicant is under 18 years of age.
(2)
An applicant or an applicant's spouse is overdue in
his payment to the Borough of taxes, fees, fines or penalties assessed
against him or imposed upon him in relation to a sexually oriented
business.
(3)
An applicant has failed to provide information reasonably
necessary for issuance of the permit or has falsely answered a question
or request for information on the application form.
(4)
An applicant is residing with a person who had been
denied a permit by the Borough to operate a sexually oriented business
within the preceding 12 months or residing with a person whose license
to operate a sexually oriented business has been revoked within the
preceding 12 months.
(5)
The premises to be used for the sexually oriented
business have been reviewed and have been disapproved by either the
Code Enforcement Officer or the Fire Chief as not being in compliance
with applicable laws and ordinances.
(6)
The permit fee required by this article has not been
paid.
(7)
An applicant of the proposed establishment is in violation
of or is not in compliance with any of the provisions of this article.
(8)
An individual applicant or any individual holding
a direct or indirect interest of more than 10% of a corporate applicant,
or any of the officers and directors of a corporate applicant if the
applicant is a corporation, or any of the partners, including limited
partners, if the applicant is a partnership, or the manager or other
person in charge of the operation of the applicant's business has
or have been convicted of an offense involving sexual misconduct within
the Commonwealth of Pennsylvania, including but not limited to prostitution,
obscenity and possession of child pornography, or convicted of any
offense in any jurisdiction other than the Commonwealth of Pennsylvania
that would have constituted an offense involving sexual misconduct
if committed within the Commonwealth of Pennsylvania. In order for
approval to be denied pursuant to this subsection, the person's or
persons' convictions or release in connection with the sexual misconduct
offense must have occurred within two years of the date of application
in the event of a misdemeanor and within five years of the date of
application in the event of a felony.
B.
The permit, if granted, shall state on its face the
name of the person or persons to whom it is granted, the expiration
date and the address of the sexually oriented business. The permit
shall be posted in a conspicuous place at or near the entrance to
the sexually oriented business so that it may be easily read at any
time.
C.
The Code Enforcement Officer and Fire Chief shall
complete their certification that the premises are in compliance or
not in compliance within 20 days of receipt of the application by
the Code Enforcement Officer. The certification shall be promptly
presented to the Code Enforcement Officer.
The annual fee for a sexually oriented business
permit is $500.
A.
An applicant or permittee shall permit representatives
of the Police Department, Fire Chief, Code Enforcement Officer or
other Borough departments or agencies to inspect the premises of a
sexually oriented business for the purpose of ensuring compliance
with the law at any time that the sexually oriented business is occupied
or open for business.
B.
If the Borough Code Enforcement Officer denies renewal
of a license, the applicant shall not be issued a permit for one year
from the date of denial, except that after 90 days have elapsed since
the date of denial, the applicant may be granted a permit if the Code
Enforcement Officer finds that the basis for denial of the renewal
permit has been corrected or abated.
A.
Each permit shall expire one year from the date of issuance and may be renewed only by making application as provided in § 193-32. Application for renewal should be made at least 30 days before the expiration date and, when made less than 30 days before the expiration date, the pendency of the application will not prevent the expiration of the permit.
B.
If the Borough Code Enforcement Officer denies renewal
of a license, the applicant shall not be issued a permit for one year
from the date of denial, except that after 90 days have elapsed since
the date of denial, the applicant may be granted a permit if the Code
Enforcement Officer finds that the basis for denial of the renewal
permit has been corrected or abated.
The Code Enforcement Officer shall suspend a
permit for a period not to exceed 30 days if he determines that a
permittee or employee of a permittee has:
A.
Violated or is not in compliance with any section
of this article.
B.
Engaged in excessive use of alcoholic beverages while
on the sexually oriented business premises.
C.
Refused to allow an inspection of the sexually oriented
business premises as authorized by this article.
D.
Knowingly permitted gambling by any person on the
sexually oriented business premises.
A.
The Code Enforcement Officer shall revoke a permit if a cause of suspension set forth in § 193-36 occurs and the permit has been suspended within the preceding 12 months.
B.
The Code Enforcement Officer shall revoke a permit
if he determines that:
(1)
A permittee, or any of the persons specified in § 193-32A(8), is or has been convicted of the offenses specified in § 193-32A(8).
(2)
A permittee gave false or misleading information in
the material submitted to the Borough during the application process.
(3)
A permittee or an employee of a permittee has knowingly
allowed possession, use or sale of controlled substances on the premises.
(4)
A permittee or an employee of a permittee has knowingly
allowed prostitution on the premises.
(5)
A permittee or an employee of a permittee knowingly
operated the sexually oriented business during a period of time when
the permittee's permit was suspended.
(6)
A permittee or an employee of a permittee has knowingly
allowed any act of sexual intercourse, sodomy, oral copulation, masturbation
or another explicit sexual conduct to occur in or on the permitted
premises.
(7)
A permittee is delinquent in payment to the Borough
or state of any taxes or fees related to sexually oriented businesses.
C.
When the Code Enforcement Officer revokes a permit,
the revocation shall continue for one year, and the permittee shall
not be issued a sexually oriented business permit for one year from
the date the revocation became effective, except that if the revocation
is pursuant to B(1) above, the revocation shall be effective for two
years in the event of a misdemeanor or five years in the case of a
felony.
D.
After denial of an application or denial of a renewal
of an application or suspension or revocation of a permit, the applicant
or licensee or permittee shall have the right to appeal said action
and to seek prompt judicial review of such administrative action in
any court of competent jurisdiction.
A permittee shall not transfer his permit to
another person. A permittee shall not operate a sexually oriented
business under the authority of a permit at any place other than the
address designated in the application.
A.
A person is guilty of a violation of the Zoning Ordinance
if he operates or causes to be operated a sexually oriented business
outside of the district in which a sexually oriented business is a
permitted use. No sexually oriented business shall be located outside
a district in which a sexually oriented business is a permitted use.
Sexually oriented businesses as defined herein shall be permitted
in the C-3 Zoning District on the westerly side of State Route 65
beginning at Logan Street and extending north to Johnson Avenue as
a conditional use.
[Amended 2-16-2000 by Ord. No. 853]
B.
A person is guilty of a violation of the Zoning Ordinance
if he operates or causes to be operated a sexually oriented business
within 1,000 feet of:
C.
A person is guilty of a violation of the Zoning Ordinance
if he causes or permits the operation, establishment, substantial
enlargement or transfer of ownership or control of a sexually oriented
business within 5,000 feet of another sexually oriented business.
D.
A person is guilty of a violation of the Zoning Ordinance
if he causes or permits the operation, establishment or maintenance
of more than one sexually oriented business in the same building,
structure or portion thereof, or the increase of floor areas of any
sexually oriented business in any building, structure or portion thereof
containing another sexually oriented business.
E.
For the purpose of this article, measurement shall
be made in a straight line, without regard to intervening structures
or objects, from the nearest portion of the building or structure
used as a part of the premises where a sexually oriented business
is conducted to the nearest property line of the premises of a church,
public or private pre-elementary, elementary or secondary school,
public library, child-care facility or nursery school or to the nearest
boundary of an affected public park.
F.
For purposes of Subsection C of this section, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
G.
Any sexually oriented business lawfully operating on the date of enactment of this article that is in violation of Subsections A through F of this section shall be deemed a nonconforming use. Such nonconforming uses shall not be increased, enlarged, extended or altered, except that the use may be changed to a conforming use. In the event that two or more sexually oriented businesses are within 5,000 feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operated at a particular location is the conforming use and the later-established business is nonconforming.
H.
A sexually oriented business lawfully operating as
a conforming use is not rendered a nonconforming use by the location,
subsequent to the grant or renewal of the sexually oriented business
permit, of a church, public or private pre-elementary, elementary
or secondary school, public library, child-care facility, nursery
school or public park within 1,000 feet of the sexually oriented business.
This provision applies only to the renewal of a valid permit and does
not apply when an application for a permit is submitted after a permit
has expired or has been revoked.
I.
A sexually oriented business shall be limited to a
maximum of one on-site sign within the corporate limits of the municipality.
No off-site sign shall be permitted. The sign shall be placed on the
site on which the business is conducted and shall conform to the following:
[Added 2-16-2000 by Ord. No. 853]
(1)
Signs shall be limited to a maximum size of 20 square
feet including sign surface, borders or other supplementary treatments.
(2)
Signs may be attached to the principal site building
in which the adult business is conducted or be freestanding. A sign
attached to the building shall not project above the topmost roofline.
The top of a freestanding sign shall not exceed the height of 12 feet
above the mean ground elevation of the site.
(3)
Material depicted on signs shall be limited to the
name of the establishment, admission information and hours of operation.
No pictures or graphic representations or descriptions shall be shown,
displayed or otherwise presented.
(4)
No animated or flashing signs shall be utilized.
A.
A person who operates or causes to be operated a sexually
oriented business, other than an adult motel, which exhibits on the
premises a viewing room of less than 150 square feet of floor space,
a film or videocassette or other video or other image production or
reproduction which depicts specified sexual activities or specified
anatomical areas, shall comply with the following requirements:
(1)
The application for a permit to operate a sexually
oriented business shall be accompanied by a floor plan and plot plan
diagram of the premises showing a plan thereof specifying the location
of one or more managers' stations, the location of all viewing rooms,
partitions and doors and the location of all overhead lighting fixtures,
and designating any portion of the premises in which patrons will
not be permitted. A manager's station may not exceed 32 square feet
of floor area. The diagram shall also designate the place at which
the permit will be conspicuously posted, if granted. A professionally
prepared diagram in the nature of an engineer's or architect's blueprint
shall not be required; however, each diagram should be oriented to
the north or to some designated street or object and should be drawn
to a designated scale or with marked dimensions sufficient to show
the various internal dimensions of all areas of the interior of the
premises to an accuracy of plus or minus six inches. The Zoning Enforcement
Officer may waive the foregoing diagram for renewal applications if
the applicant adopts a diagram that was previously submitted and certifies
that the configuration of the premises has not been altered since
it was prepared.
(2)
The application should be sworn to be true and correct
by the applicant.
(3)
No alteration in the configuration or location of
a manager's station may be made without the prior approval of the
Code Enforcement Officer or his designee.
(4)
It is the duty of the owners and operators of the
premises to ensure that at least one employee is on duty and situated
in each manager's station at all times that any patron is present
inside the premises.
(5)
The interior of the premises shall be configured in
such a manner that there is an unobstructed view from a manager's
station of every area of the premises to which any patron is permitted
access for any purpose, excluding rest rooms. Rest rooms may not contain
video reproduction or viewing equipment. If the premises has two or
more managers' stations designated, then the interior of the premises
shall be configured in such a manner that there is an unobstructed
view of each area of the premises to which any patron is permitted
access for any purpose from at least one of the manager's stations.
The view required in this subsection must be by direct line of sight
from the manager's station.
(6)
It shall be the duty of the owners and operators and it shall also be the duty of any agents and employees present on the premises to ensure that the view area specified in Subsection A(5) of this section remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times and to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to Subsection A(1) of this section.
(7)
No viewing room may be occupied by more than one person
at any time. No connections or openings to an adjoining viewing room
shall be permitted.
(8)
The premises shall be equipped with overhead lighting
fixtures of sufficient intensity to illuminate every place to which
patrons are permitted access at an illumination of not less than one
footcandle as measured at the floor level.
(9)
It shall be the duty of the owners and operators and
it shall also be the duty of any agents and employees present in the
premises to ensure that the illumination described above is maintained
at all times that any patron is present in the premises.
It is a defense to prosecution under § 193-32 and § 193-39 that a person appearing in a state of nudity did so in a modeling class operated:
A.
By a proprietary school, licensed by the Commonwealth
of Pennsylvania, or a college, junior college or university supported
entirely or partly by taxation;
B.
By a private college or university which maintains
and operates educational programs in which credits are transferable
to a college, junior college or university supported entirely or partly
by taxation; or
C.
In a structure:
(1)
Which has no sign visible from the exterior of the
structure and no other advertising that indicates a nude person is
available for viewing;
(2)
Where, in order to participate in a class, a student
must enroll at least three days in advance of the class; and
(3)
Where no more than one nude model is on the premises
at any one time.
A person who operates or causes to be operated
a sexually oriented business without a valid permit or in violation
of this article is subject to an action in equity or suit for injunction
as well as citations for violations of the Zoning Ordinance.
