A.
Amusement center, bowling alley, dance halls and similar
places of amusement.
(1)
Such uses, except amusement parks, shall be conducted
entirely within an enclosed structure.
(2)
Parking areas shall be screened from adjoining residential properties in accordance with § 260-25A hereof.
(3)
A principal structure shall be not less than 20 feet from any property line or such greater distance as may be otherwise required in the district where located or as set forth in § 260-21E hereof.
(4)
There shall be no offensive noise or vibration; such elements may be emitted only in accordance with the performance standards set forth in Article VII.
(5)
Applications for indoor theaters, bowling alleys,
indoor ice- and roller-skating rinks, gymnasiums and indoor handball
and tennis courts shall be accompanied by a site development plan.
(6)
The site development plan shall show building placement
and dimensions, parking, landscaping, internal circulation and the
size and location of signage.
(7)
The lot size shall be not less than two acres.
B.
Outdoor recreation facilities.
(1)
Such uses shall include golf courses, ice-skating
rinks, swimming pools, tennis courts, amusement parks and other similar
uses.
(2)
Unenclosed recreational facilities shall be located not less than 25 feet from any property line except where greater distances are otherwise required herein and shall be effectively screened from adjoining dwelling uses in accordance with the provisions of § 260-25B.
(3)
Illuminated signs and other lights shall be directed
away or shielded from adjoining residential properties in such a way
as not to disturb the occupants thereof.
(4)
No public address system is permitted except where
such system will not be audible at any residential property line.
(5)
Private swimming pools more than 24 inches deep, permanent
and portable, which shall be accessory to a principal noncommercial
dwelling use shall be regulated as follows:
[Amended 7-10-2007 by Ord. No. 483]
(a)
May be erected only on the same zone lot as
the principal structure.
(b)
May be erected only in the rear yard and shall
be a distance of not less than 10 feet from the rear lot line nor
less than three feet from any side yard.
(c)
The pool shall be solely used for the enjoyment
of the occupants of the principal use of the property on which it
is located, and their guests, and no fee shall be charged.
(d)
The swimming pool shall be so walled or fenced,
as to prevent uncontrolled access by children from the street or from
adjacent properties, in accordance with Pennsylvania's Uniform Construction
Code.
(e)
The swimming pool's power supply shall be in
compliance with Pennsylvania's Uniform Construction Code.
A.
Essential services, enclosed or permanent structures.
Such uses are intended to include facilities for sewage treatment,
electric substations, transformers, switches and auxiliary apparatus,
as well as local governmental services such as police stations, firehouses
and similar uses. Where such uses are proposed to be located in a
Residential District, they shall be subject to the following regulations:
(1)
Such facility shall not be located on a residential
street, unless no other site is available, and shall be so located
as to draw a minimum of vehicular traffic to and through such streets.
(2)
The location, design and operation of such facility
shall not adversely affect the character of the surrounding residential
area.
(3)
Adequate fences, barriers and other safety devices shall be provided and shall be landscaped in accordance with the provisions of § 260-25A.
(4)
Noise emitted from electric substations shall not
be greater than permitted in accordance with the performance standards
set forth herein.
B.
Essential services, open. Such uses shall be limited to the erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare. Such uses shall not include sanitary landfills and related uses such as staging areas or other means of solid waste disposal. Where applicable, the landscaping regulations of § 260-25B shall apply.
C.
Hospitals, churches or other religious or philanthropic institutions. All such uses shall be located on a public street which shall have a pavement width of not less than 38 feet, and they shall maintain a minimum ten-foot-wide landscaped strip in accordance with the provisions of § 260-25 on all property lines abutting R Districts and all residential streets. Such uses shall not be located or designed in such a manner as would be detrimental to the privacy, convenience and property values of nearby residential development.
D.
Child day-care center (including family day-care home and group day-care home). Such uses shall be situated on a zone lot of not less than 10,000 square feet, except where a greater area is otherwise required herein, and shall be screened in accordance with the provisions of § 260-25. Such uses shall provide evidence of all required state approvals.
E.
Public and parochial schools and colleges and private
schools and colleges for academic instruction. In any R District,
such uses, including play areas, shall be located not less than 100
feet from any lot line, except where greater distances are otherwise
required herein. Schools will be located on or within close proximity
to roads having a pavement width of not less than 38 feet.
F.
Community buildings, social halls, lodges, fraternal
organizations, clubs and similar uses in R Districts.
(1)
All buildings must be a minimum of 20 feet from all
lot lines, except where greater distances are otherwise required herein.
(2)
There shall be no external evidence of any gainful
activity. Access to any space used for gainful activity shall be from
within the building. Retail sales shall be limited to members and
guests only.
(3)
Any such use shall be located on a street having a
pavement width of at least 30 feet or shall be able to provide access
without causing heavy traffic on local residential streets.
(4)
All applications for such uses in R Districts shall
demonstrate to the satisfaction of the Zoning Hearing Board that the
proposed use will serve primarily the residents of the surrounding
neighborhood and that the use cannot satisfactorily be located elsewhere
to serve said neighborhood.
A.
Two-family and multifamily dwellings, including dwelling
groups.
(1)
All two-family, townhouse and other multifamily development
sites, including dwelling groups, shall be provided with an existing
or approved public and/or community-type water supply and sanitary
sewer system, approved by appropriate local and state health authorities
having jurisdiction. Excepted from this regulation is the development
of a two-family dwelling on an individual zone lot.
(2)
Minimum lot area, coverage and yard requirements.
(a)
Two-family dwellings. The minimum lot area per dwelling unit shall be as specified in Article IV hereof for the zone district where situated, except that in zones designated R-1, the minimum lot area per dwelling unit shall be not less than 5,625 square feet. Minimum frontage, depth, yards and maximum coverage shall be as specified for the zone district where situated.[1]
(b)
Multifamily dwellings.
[1]
Minimum lot size. Garden apartment, townhouse
or other multifamily developments shall not be erected on a zone lot
of less than two acres. The minimum width of such a lot shall not
be less than 150 feet at the front property line.
[2]
Maximum lot coverage. The land area covered
by buildings, garages and other accessory structures shall not exceed
an aggregate of 25% of the lot area; and maximum impervious coverage
shall not exceed 40% of the lot area.
[3]
Yards. The following yard requirements shall
not apply to townhouses or to two-family dwellings on individual lots.
[b]
Rear yard: no structure shall be
located nearer to a rear property line than 50 feet.
[c]
Side yard: no structure shall be
located nearer to a side property line than 30 feet.
[d]
A building wall exposing both windows
and an entranceway shall be located not closer to another building
than a distance equal to the height of the taller building of the
two, but in no case less than 50 feet.
[4]
Distance between buildings. Where there is no
property line separating the buildings, a building wall exposing only
windows or only an entranceway shall be located no closer to another
building than a distance equal to the height of the taller building
of the two, but in no case less than 25 feet.
(c)
Dwelling groups.
[1]
Minimum lot size. Where a group of two or more
single-family or two-family dwelling structures are located on a single
zone lot, the minimum lot area per dwelling unit shall be as required
for single-family and two-family dwelling structures in the district
where they are located; provided, however, that the lot sizes may
be reduced if replaced by equivalent adjacent areas of common open
space.
[2]
Maximum lot coverage. The maximum coverage of
land by buildings shall be as required for the district where located;
provided, however, that where the lot size is reduced as provided
herein the maximum lot coverage may be increased by the same percentage
as the percentage of lot size reduction.
[3]
Yards.
[a]
Minimum yard requirements shall
be as required for the district where located.
[b]
Where there is no property line
separating two or more structures on a zone lot, the distance between
such buildings shall be equal to the distance that would otherwise
be required if the structures would be separated by a property line
equidistant from the structures.
(3)
Maximum number of dwelling units. Garden apartments
and townhouses shall not exceed eight dwelling units per structure.
(4)
Permanent open space. In addition to the yard, setback
and off-street parking requirements of this chapter, there shall be
provided a minimum of 10% of the gross area of the site to be permanently
set aside for open recreation area, which shall be for the common
use of the residents thereof.
(6)
Approval of site plan. The plans for any proposed two-family or multifamily development other than a two-family dwelling structure on a single lot shall require the approval of the Zoning Hearing Board as provided in § 260-56E(3) and the requirements of this section.[3]
B.
Transient dwellings, including motels, motor courts,
motor hotels and similar uses.
(1)
Such uses shall have a minimum area for each unit
of occupancy of 150 square feet and shall include a minimum of one
bedroom and an enclosed bathroom containing a bathtub or shower, commode
and lavatory and be supplied with hot and cold running water.
(2)
Illuminated signs and other lights shall be directed
away from or shielded from adjoining residential properties in such
a way as not to disturb the occupants thereof.
(3)
Such uses shall not be closer than 200 feet to an
R District, shall be located on a public street having a pavement
width of not less than 38 feet and shall provide ingress and egress
so as to minimize traffic congestion.
(4)
Site development standards.
(a)
A site development plan shall accompany each
application and shall show building placement, parking, vehicular
safety control features, specific landscaping components and the size
and location of signage.
(b)
Lot size shall be not less than two acres.
(c)
Lot width shall be not less than 250 feet.
(d)
Surface drainage shall be such that will not
subject adjoining properties or streets to damage. A stormwater management
plan and a soil erosion and sedimentation control plan shall be designed
to control runoff for a ten-year storm and shall be in accordance
with Act 167 of 1978.[4] Such plans shall be accompanied by evidence of approval
by appropriate agencies and authorities.
[4]
Editor's Note: See 32 P.S. § 680.1
et seq.
(e)
An architectural rendering showing the appearance
of the facade(s) of the structure(s) visible from the highway which
it faces must be submitted along with the site development plan.
C.
Trailers. Trailers, other than recreation vehicles,
which are not placed on a permanent foundation shall be permitted
only in mobile (manufactured) home parks.
D.
Conversions, year-round dwellings. Conversion of a
single-family residence to a two-family residence shall be permitted
only in an R-2 or less restrictive district, provided that:
(1)
The minimum lot area per dwelling shall be as required
for the zone district where the zone lot to be converted shall be
located.
(2)
Where such conversion is undertaken there shall be provided on the same zone lot not fewer than two additional off-street parking spaces for each additional dwelling unit, in accordance with the provisions of § 260-32 hereof.
(4)
There shall be no structural alteration to the exterior
so it would appear as other than a single-family structure.
E.
Conversion of nondwelling structures. Conforming nondwelling structures may be converted to other nondwelling structures which shall be of equal or greater restrictiveness than the use being converted. No nondwelling structure having plate glass windows shall, however, be converted to a residential use unless such windows are removed from the structure; and no such building which has already been converted shall be further converted to provide for additional dwelling units unless the plate glass windows are removed and the facade is renovated to reflect the residential use. Any such conversion shall conform with the off-street parking and loading requirements of § 260-32 hereof. The conversion of nonconforming nondwelling structures shall be in accordance with §§ 260-54 and 260-55 hereof.[6]
F.
Home occupations. The home occupation shall be operated
in a dwelling unit and shall meet the following requirements:
[Amended 7-13-1999 by Ord. No. 403]
(1)
Where permitted. Within the dwelling unit and only
by the person or persons maintaining said dwelling unit and not more
than two additional nonresident persons shall be employed in the home
occupation; provided, however, that the total number of persons employed
in the home occupation shall not exceed four. Such restrictions on
the number of employees shall apply to all home occupations, except
as otherwise provided herein.
(2)
Evidence of use. The home occupation shall in no way cause the residential appearance or character of the premises to differ from the surrounding residential area. Home occupations shall not be conducted in such a manner as create any dangerous, injurious, noxious or otherwise objectionable fire, explosive or other hazard; noise or vibration, smoke, dust, dirt or other form of air pollution; electrical or other disturbance; glare; or other nuisance, condition or element in such amount as to adversely affect the surrounding area or premises (as referenced also in § 260-45, Nuisance elements). Notwithstanding any other signage regulation in this chapter, no more than one unanimated, nonilluminated sign having an area of not more than two square feet shall be permitted on each street front of the zone lot on which the building is situated.
(3)
Extent of use. Home occupations shall be conducted
entirely within the residence. The home occupation cannot utilize
more than 20% of the gross floor area of the dwelling unit, except
that professional offices, licensed family day care, bed-and-breakfast
facilities and room and boarding may utilize not more than 50% of
the gross floor area of the dwelling unit.
(4)
Parking. Off-street parking shall be provided in accordance
with § 139-32 hereof.
(5)
No outside storage of material, goods, supplies or
equipment related to the operation of the home occupation shall be
allowed.
(6)
Merchandise shall be limited only to products and
crafts crafted or assembled on the premises or to incidental supplies
necessary for the conduct of a home occupation. Items shall not be
purchased off-site for resale at the premises.
(7)
To the extent that there is any sale of any item related
to a home occupation, delivery of that item to the buyer should occur
off the premises.
(8)
No more than one home occupation per residence shall
be allowed, and it must be conducted by the occupant.
(9)
Home occupations that attract customers, clients or
students to the premises shall not be allowed in multifamily dwelling
units.
(10)
No commercial vehicle shall be used in connection
with the home occupation for delivery of goods to or from the premises,
nor parked on the property. This provision does not preclude the delivery
of mail or packages by the postal service or by private or public
shipping and courier services; provided, however, that such deliveries
shall not exceed an average of one delivery per day.
(11)
Permitted uses. The following is a list of uses
which may be conducted as a home occupation within the limits established
in this section:
(a)
The offices of doctors or physicians, dentists,
optometrists, ministers, architects, landscape architects, professional
engineers, lawyers, artists, authors and such other similar professional
occupations which may be so designated by the Zoning Hearing Board
upon finding by the Board that such occupation is truly professional
in character by virtue of the need for similar training and experience
as a condition for the practice thereof and that the practice of such
occupation shall in no way adversely affect the safe and comfortable
enjoyment of property rights in any zone to a greater extent than
for the professional activities listed herein. The issuance of a state
or local license for regulation of any gainful occupation need not
be deemed indicative of professional standing.
(b)
Rooming and/or boarding of not more than two
persons.
(c)
Dressmaker, seamstress, tailor.
(d)
Art, handicraft, music, writing, photography
or similar studios.
(e)
Direct sale product distribution (Amway, Avon,
Tupperware, etc.).
(f)
Home typing or computing services.
(g)
Hair cutting and styling with not more than
one nonresident employee.
(h)
Mail-order sales.
(i)
Telephone sales and order taking.
(j)
Tutoring for not more than four students simultaneously,
provided that the sound produced is not audible at any property line.
(k)
Licensed family day-care homes for not more
than six nonresident children, subject to Pennsylvania Department
of Public Welfare guidelines. No nonresident employees shall be permitted.
(l)
Bed-and-breakfast facilities. There shall be
provided not less than one additional off-street parking space for
each bed-and-breakfast family unit. Such use shall be subject to the
provisions for special exceptions as set forth in § 260-48D
and E(3).[7]
(m)
Antique repair and refinishing and television
repair.
G.
Temporary tract office, tract sign, model home. Such
temporary use is permitted in any district, shall be located on the
property to which it is appurtenant and shall be limited to a six-month-period
at the expiration of which time the applicant may request a further
extension of time; otherwise, such temporary use shall be removed
at the expense of the owner.
H.
Mobile (manufactured) home parks. Mobile (manufactured)
homes shall be permitted only in mobile home parks which meet the
requirements of this section.
(1)
No mobile home park shall have an area of less than
five acres.
(2)
Each mobile (manufactured) home site or space within
the park shall have a minimum area of 5,000 square feet; provided,
further, that the minimum width of each site shall be not less than
50 feet.
(3)
No mobile (manufactured) home shall be located within
10 feet of its respective front, side and rear site lines; provided,
further, that there shall be no less than a twenty-five-foot clearance
between a mobile home and an accessory building, such as the park's
office building, storage sheds, etc., within the park.
(4)
No mobile (manufactured) home shall be located closer
to any property line of the park or any abutting public street than
30 feet or such greater distance as may be established by this chapter
with respect to conventional buildings in the district where the mobile
home park is located.
(5)
Not less than 10% of the gross area of the park shall
be improved for the recreational use of the residents of the park.
(6)
All service and accessory buildings shall meet the
requirements of this chapter and all other applicable codes and ordinances.
J.
Group housing for handicapped persons and personal
care homes. Group housing for handicapped persons and personal care
homes are permitted as a special exception use in all residential
zones and shall comply with the following standards:
[Amended 12-9-2002 by Ord. No. 448]
(1)
It must include supervision by not less than one person.
(2)
It must be operated by a nonprofit charitable institution
or by a governmental agency. It shall not be operated for profit.
(3)
It shall not be hazardous to the health, safety and
welfare of the residential neighborhood where it is to be located.
(4)
Such uses shall not be a residence for transients.
There shall be no fixed length of time for occupancy by the residents.
(5)
It must show evidence of such licensing as may be
required by the Pennsylvania Department of Public Welfare.
A.
Animal hospitals, kennels, pounds, veterinary clinics
and similar uses. In any zone district where permitted, no such use
shall be located closer than 100 feet to any R District, restaurant
or hotel and shall show that adequate measures and controls shall
be taken to prevent offensive noise and odor. No incineration shall
be permitted on the premises.
[Amended 5-5-2009 by Ord. No. 496]
B.
Bakeries. Bakeries first permitted in any C-1 District
shall be located no closer to an R District than 50 feet, and goods
produced on the premises shall be sold only at retail on the premises.
C.
Retail uses in M Districts. Such uses, designated
in Schedule III hereof,[1] shall be permitted only where the applicant proves that
such use is or will be necessary to serve manufacturing uses and will
not adversely affect the industrial development of adjoining land.
Where such uses are permitted, the minimum lot size requirement shall
be 10,000 square feet.
[1]
Editor's Note: Said schedule is included at the end of this chapter.
D.
Manufacturing uses. Manufacturing uses in any M District, when abutting an R District, shall be screened from such district in accordance with the provisions of § 260-25 hereof.
E.
Retail sales for guests only. Where such uses are
permitted, the following shall apply:
(1)
There shall be no external evidence of any gainful
activity, however incidental, nor any access to any space used for
gainful activity, other than from within the building.
(2)
There shall be no harm to adjoining existing or potential
residential development due to excessive traffic generation or noise
or other circumstances.
F.
Junkyards and similar storage areas, including automobile
wrecking.
(1)
Such uses existing at said date of adoption may continue
their operations as nonconforming uses, but shall terminate within
one year unless they shall be completely enclosed by a solid fence,
screen or wall of sufficient height so as to obscure all view of such
use.
(2)
No operations shall be conducted which shall cause
a general nuisance or endanger the public health of the surrounding
neighborhood.
(3)
No highly inflammable or explosive material shall
be stored in bulk above ground, with the exception of fuel tanks or
drums which are directly connected with heating appliances. Inflammable
and explosive material storage shall be in compliance with all applicable
federal and state laws and regulations.
(4)
All materials or wastes causing fumes or dust, constituting
a fire hazard or attractive to rodents or insects may be stored outdoors
only in enclosed containers.
The purpose of this section shall be to permit large-scale development in such a manner as to provide for the flexibility of design and arrangement of structures which would achieve the objectives of this chapter but would not be bound by the standards established for individual lot-by-lot developments. Such developments shall, however, be subject to the broader standards set forth below. Large-scale developments, as defined herein, shall be permitted only as special exceptions in the districts where they are designated in Article IV hereof and shall be developed in accordance with the following requirements.
A.
Conformity with Comprehensive Plan. The proposed large-scale
development shall conform to the municipality's Comprehensive Plan
in terms of general location.
B.
Large-scale residential developments.[1]
(1)
Spacing and orientation of residential developments.
Spacing between buildings and orientation in residential building
groups shall be as follows:
(a)
In buildings containing multiple dwelling units,
walls containing main window exposures or main entrances shall be
so oriented as to ensure adequate light and air exposures.
(b)
Such buildings shall be so arranged as to avoid
undue exposure to concentrated loading or parking facilities and shall
be so oriented as to preserve visual and audible privacy between adjacent
buildings.
(2)
Vehicle and pedestrian circulation. Adequate provision
for vehicle and pedestrian circulation shall be designed as follows:
(a)
Safe and convenient arrangement of walks, roadways,
driveways and off-street parking and loading space.
(b)
Separation of general vehicle traffic from pedestrian
walks and public transportation loading places.
(c)
A building group may not be so arranged that
any temporary or permanently inhabited building is inaccessible by
emergency vehicles.
(3)
Paving and drainage. The developer shall install throughout
any proposed large-scale residential development hard-surfaced streets,
which shall include curbs or gutters, catch basins and storm sewers.
(4)
Development standards.
(a)
Minimum lot area per dwelling unit.
[1]
Single-family detached. Although the average
minimum lot area per dwelling unit shall not be less than the minimum
area requirement for the district where the development is located,
the size of each lot may be reduced, as needed, to not less than 2/3
of the minimum required in the R-1A District; provided, however, that
for cluster developments, each lot may be reduced to 1/3 of the minimum
lot area, but the average area per dwelling unit within each development
section, including open space, shall not be less than the minimum
otherwise required for the R-1A District.
[2]
Two-family dwellings and multifamily dwellings.
The average minimum lot area per dwelling unit shall not be less than
the minimum area required for each respective type of dwelling structure
in the district where such principal permitted uses are first permitted.
The dimensions of each individual lot may, however, be reduced by
not more than 1/3 of the minimum requirement, provided that the average
lot area per dwelling unit within each development district shall
not be less than the area otherwise required.
(b)
Minimum lot size. There shall be no minimum lot size requirements for any housing types other than the average minimum lot area required for such dwellings as described in Subsection B(4)(a) hereof.
(c)
Minimum lot frontage. The minimum lot frontage
requirement shall be as follows:
[1]
One-family and two-family dwellings, detached:
80 feet.
[2]
One-family and two-family dwellings, semidetached:
50 feet for each side.
[3]
One-family dwellings, attached (townhouses):
25 feet per dwelling unit plus an additional 25 feet at each end of
all rows.
[4]
One-family cluster development: none.
[5]
Multifamily dwelling structures: none.
(d)
Minimum lot depth. No lot for any residential
structure or group of residential structures shall have a lot depth
of less than 100 feet.
(e)
Minimum front yards. The minimum front yard
for all residential structures shall be 25 feet, except that garden
apartments and other multifamily structures not including townhouses
shall have a minimum front yard of not less than 50 feet; provided,
however, that these minimum front yard requirements may be reduced
by not more than 20% if the developer shall provide adequate justification
acceptable to both the Planning Commission and the Zoning Hearing
Board.
(f)
Minimum side yards and other distances between
buildings. Minimum side yards for all single-family dwellings, including
cluster developments, shall be as specified in Schedule I hereof for
one-family dwellings in an R-1B District.[2] There shall be no side yard requirements for all other
residential structures, except as follows:
[1]
Side yards adjoining public rights-of-way or other thoroughfares shall be not less than 50 feet, except where the front yard of such structure shall be reduced by up to 20% as specified in Subsection B(4)(e) hereof, then such side yard adjoining a thoroughfare may be reduced to the same depth as such front yard.
[2]
Editor's Note: Schedule I is included at the end of this chapter.
(g)
Maximum lot coverage. There shall be no maximum
lot coverage limitation on a lot-by-lot basis; provided, however,
that the overall coverage of land by buildings within any development
section shall not exceed 25% of the net land area, excluding land
used for rights-of-way and the maximum impervious coverage shall not
exceed 50% of the net land area.
(5)
Supporting commercial facilities. Local retail and
service commercial facilities, including those uses designated as
principal permitted uses in a C-1 Commercial District, may be permitted
in a large-scale residential development, provided that such commercial
development, including required off-street parking, off-street loading
and landscaping, shall not exceed 10% of the net land area of the
large-scale residential development, provided that such uses shall
not include automobile service stations, bars, cocktail lounges and
similar uses; and provided, further, that the location of such commercial
facilities shall be approved by the Planning Commission. Such permitted
retail and service uses shall be designed to primarily serve the residents
of the large-scale development of which they are a part.
(6)
Aesthetic considerations. Due to the potential impact
of a large-scale development on the municipality as a whole and since
the developer is provided the opportunity to modify otherwise minimum
development standards, the Zoning Hearing Board may withhold the overall
approval of such projects as well as the approval of reduced standards
pending its review and approval of the proposed overall design, arrangement
and layout of the buildings to be erected, including the exterior
design of such buildings, to ensure that the architectural character
of the large-scale development area will be compatible with that of
the adjoining areas.
C.
Large-scale commercial and manufacturing development.
(1)
Spacing and orientation of commercial and manufacturing
developments. Spacing between buildings and orientation in commercial
and industrial building groups shall be as follows:
(2)
Planting and screening. In business building groups
abutting or within 100 feet of residential districts, fences, walls
or year-round screen planting shall be provided when necessary to
shield adjacent residential districts from parking lot illumination,
headlights, heat, blowing papers and dust and to reduce the visual
encroachments of commercial architecture, signs and activity.
(3)
Justification for exception. Where such exceptions
are requested, they shall be granted solely for the purpose of promoting
an integrated site plan no less beneficial to the residents or occupants
of such developments as well as of neighboring properties than would
be obtained under the standard requirements of this chapter.
(4)
Planned, integrated shopping centers and industrial
parks shall be subject to the following requirements regardless of
the applicant's request for consideration as a large-scale development:
(a)
A tract of not less than three acres is required.
[Amended 11-8-2011 by Ord. No. 507]
(b)
The minimum lot width shall be 300 feet, measured
at the building setback line.
(c)
Only one ingress and one egress point is permitted
onto a major highway.
(e)
Written confirmation shall be obtained from
appropriate authorities and/or agencies that adequate sewage treatment
and water facilities are available.
(f)
A site design plan showing building placement
and vehicular safety control features, specific landscaping components
and the size and location of signage shall be submitted with all applications.
(g)
An architectural rendering showing the appearance
of the facade(s) of the structure(s) visible from the major highway
shall be submitted along with the site plan.
[Amended 9-9-1997 by Ord.
No. 393; 12-9-2002 by Ord. No. 448; 7-11-2006 by Ord. No. 477; 11-8-2011 by Ord. No. 507; 6-10-2014 by Ord. No. 518]
A.
Off-street parking. Any off-street parking developed in the Borough
of Danville shall be developed only in accordance with the provisions
of this section. In all districts, except the C-2 District, in connection
with every manufacturing, business, institutional, recreational, residential
or any other use, there shall be provided at the time any building
or structure is erected, enlarged, increased in capacity or changed
in use off-street parking space for automobiles available to the occupants
of such buildings or visitors thereto at no charge; provided, however,
that for dwellings in the C-2 District, there shall be provided off-street
parking for each dwelling unit in accordance with this section.
(1)
Size and access.
(a)
Each off-street parking space in a parking lot shall have an
area of not less than 153 square feet, exclusive of access drives
or aisles, and shall be of usable shape and condition; provided, however,
that when a new parking lot is constructed for a supermarket, the
size of each parking space in the supermarket shall be not less than
180 square feet. Except in the case of dwellings, no parking area
shall contain fewer than three spaces.
(b)
There shall be adequate provisions for ingress and egress to
all parking spaces. Access to off-street parking areas shall be limited
to several well-defined locations, and in no case shall there be permitted
unrestricted access along the length of the street or alley upon which
the parking area abuts.
(c)
No off-street parking shall be located in the front yard of
any residential lot, except in a driveway providing access to a garage
or within a required side yard.
(d)
No point of ingress or egress shall be nearer, one to the other,
than 300 feet, except where inadequate highway frontage precludes
the feasibility of complying with this requirement.
(2)
Number of parking spaces required. The number of off-street parking spaces required shall be as set forth in Table I following, in accordance with the definition of "floor area" as set forth in Article II hereof; provided, further, that in any R District, on any lot having an area of one acre or less, private garage space may be provided for not more than four motor vehicles. Space for one additional motor vehicle may be provided for each 1/5 acre by which the area of the lot exceeds one acre; and in any R District, not more than one garage space provided on any lot shall be used for the housing of a commercial motor vehicle greater than 1/2 ton capacity. In any case of a building, structure or premises the use of which is not specifically mentioned herein, the provisions for a use which is so mentioned and to which said use is similar, in the opinion of the Zoning Hearing Board, shall apply.
(3)
Off-site facilities. All permitted and required accessory off-street
parking spaces, open or enclosed, shall be located on the same zone
lot as the use to which such spaces are accessory, except that such
spaces may be provided elsewhere but shall be provided within a radius
of no greater distance than 250 feet from that zone lot; provided,
however, that for spaces to serve residential dwellings in the C-2
District, such spaces shall be permitted to be located up to 500 feet
from the property to be served; and provided, further, that required
spaces are provided off the site in accordance with the provisions
set forth herein, and that such spaces shall be in the same ownership
as the use to which they are accessory and shall be subject to deed
restrictions filed in an office of record, binding the owner and his
heirs and/or assigns to maintain the required number of spaces available
throughout the life of such use, and such spaces shall conform to
all regulations of the district in which they are located; provided,
however, that in lieu of evidence of ownership of the required off-site
parking space in a C-2 District, there shall be provided annual proof
of access thereto.
|
Table 1
| ||
|---|---|---|
|
Off-Street Parking
| ||
|
Uses
|
Minimum Required Parking Spaces
| |
|
1.
|
Churches and schools
|
1 for each 3.5 seats in an auditorium or for each 17 classroom
seats, whichever is greater
|
|
2.
|
Business and professional offices and banks, except medical
and dental offices
|
1 for each 200 square feet of floor area
|
|
3.
|
Community buildings and social halls
|
1 for each 200 square feet of floor area
|
|
4.
|
Country clubs, golf courses
|
1 for each 200 square feet of floor area occupied by all principal
and accessory structures, except those used for parking purposes**
|
|
5.
|
Dwellings
|
2 for each family or dwelling unit***
|
|
6.
|
Motels, hotels, rooming houses and dormitories
|
1 for each 2 bedrooms
|
|
7.
|
Apartments, townhouses and garden apartments*
|
2 for each dwelling unit
|
|
8.
|
Funeral homes and mortuaries
|
10 for each parlor
|
|
9.
|
Hospitals, nursing and convalescing homes, personal care homes
|
1 for each bed, plus 1 for each employee
|
|
10.
|
Manufacturing plants, research or testing laboratories and bottling
plants
|
1 for each 1,000 square feet of floor area, plus 1 for each
4 employees in the maximum working shift; the total parking area shall
not be less than 25% of the building floor area
|
|
11.
|
Medical or dental clinics or offices
|
5 spaces for each doctor or dentist and 1 for each employee
in the maximum working shift
|
|
12.
|
Restaurants, beer parlors and nightclubs
|
1 for each 2.5 seats
|
|
13.
|
Retail stores, store groups, shops and personal services
|
In a C-1 Zone, 1 for each 300 square feet of floor area, when
the floor area exceeds 1,000 square feet; in all other C Zones, where
required, 3 for each 300 square feet of floor area
|
|
14.
|
Wholesale establishments or warehouses
|
1 for each 2 employees in the maximum working shift; the total
parking area shall be not less than 25% of the building floor area
|
|
15.
|
Outdoor recreational facilities
|
An adequate number of spaces so that all vehicles located at
the facility can be accommodated in existing parking lots and not
on the Borough's roads
|
|
16.
|
Auctions, galleries
|
5 for each 500 square feet of floor area
|
|
17.
|
Bowling alleys
|
5 for each lane
|
|
18.
|
Movie theaters, auditoriums and sport stadiums
|
1 for each 2.5 seats
|
|
19.
|
Home occupations
|
In addition to spaces required for the dwelling, 1 for each
nonresident employee; if there are no nonresident employees, 1 for
each home occupation
|
|
20.
|
Group housing
|
Not less than 1 space per bedroom unit, plus 1 per employee
in the maximum working shift, but not less than a total of 3 spaces
per unit
|
|
NOTES:
| |
|
*
|
Except elderly housing, where one parking space for each three
dwelling units shall be provided.
|
|
**
|
There shall be not less than 20 off-street parking spaces for
each use.
|
|
***
|
Except in the C-2 District there shall be not less than 1 off-street
parking space for any dwelling unit with not more than 1 bedroom.
|
B.
Off-street loading. In any district, in connection with every building
or building group or part thereof hereafter erected and having a gross
floor area of 5,000 square feet or more which is to be occupied by
manufacturing or commercial uses or distribution of material or merchandise
by vehicles, there shall be provided and maintained, on the same zone
lot with such building, off-street loading berths in accordance with
the requirements of Table II following.
(1)
Size and location. Each loading space shall be of sufficient size
to accommodate vehicles that are likely to utilize the berth, but
not less than 10 feet in width, 30 feet in length and 14 feet in height,
and may occupy all or any part of any required yard, except where
located adjacent to any R District, where they shall be set back a
minimum of six feet from any such property line.
|
Table II
| |||
|---|---|---|---|
|
Off-Street Loading
| |||
|
Uses
|
Square Feet of Floor Area
|
Required Off-Street Loading Berths
| |
|
1.
|
Schools
|
15,000 or more
|
1
|
|
2.
|
Hospitals (in addition to space for ambulance)
|
From 10,000 to 30,000
|
1
|
|
For each additional 30,000 or major fraction thereof
|
1 additional
| ||
|
3.
|
Undertakers and funeral homes
|
5,000
|
1
|
|
For each additional 5,000 or major fraction thereof
|
1 additional
| ||
|
4.
|
Hotels and offices
|
10,000 or more
|
1
|
|
5.
|
Retail, commercial, wholesale, manufacturing, storage and miscellaneous
|
From 10,000 to 25,000
|
1
|
|
From 25,000 to 40,000
|
2
| ||
|
From 40,000 to 60,000
|
3
| ||
|
From 60,000 to 100,000
|
4
| ||
|
For each additional 50,000 or major fraction thereof
|
1 additional
| ||
C.
Joint facilities for parking or loading. Off-street parking and loading
facilities for separate uses may be provided jointly if the total
number of spaces so provided is not less than the sum of the separate
requirements for each use, and provided that all regulations governing
the location of accessory spaces in relation to the use served are
adhered to. Further, no accessory space or portion thereof shall serve
as a required space for more than one use unless otherwise approved
by the Zoning Hearing Board in accordance with the purposes and procedures
set forth herein.
D.
Development and maintenance of parking and loading areas. Every parcel of land hereafter used as a public or private parking area or loading area, including a commercial parking lot, shall be developed and maintained in accordance with the applicable sections of Chapter 216 Streets, Sidewalks and Driveways, Article V, Off-Street Parking and Driveways, and the following requirements:
(1)
Screening and landscaping. Off-street parking areas for more than five vehicles and off-street loading areas shall be effectively screened on each side which adjoins or faces premises situated in any R District or institutional premises by a solid fence or hedge. Such fence or hedge shall be not less than four feet nor more than six feet in height and shall be maintained in good condition without any advertising thereon. Any space between such fence or hedge and the side lot line adjoining premises or the front lot line facing premises in any R District shall be landscaped with grass, hardy shrubs or evergreen ground cover and maintained in good condition. The landscaping of parking lots shall conform with the requirements of § 260-25C.
(2)
Minimum distances and setbacks. No off-street parking or loading
area or part thereof for more than five vehicles shall be closer than
10 feet to any dwelling, school, hospital or other institution for
human care located on an adjoining lot. If not in an R District but
adjoining such district, the parking area shall be set back not less
than five feet from the established street right-of-way line within
50 feet of any R District.
(3)
Surfacing. Any off-street parking or loading area shall be surfaced
with asphalt, concrete, brick, cement pavers or similar durable and
dustless material. Dustless material shall not include loose stone
of any size. All off-street parking areas shall be so graded and drained
as to dispose of all surface water accumulated within the area and
shall be so arranged and marked as to provide for the orderly and
safe loading, parking and storage of self-propelled vehicles.
(a)
Exception: Residential driveway/parking of 450 square feet or
less, constructed in a rear or side yard and accessed from a Borough
alley.
(4)
Lighting. Any lighting used to illuminate any off-street parking
or loading areas shall be so arranged as to reflect the light away
from the adjoining premises in any R District.
E.
Automobile service stations and parking lots.
(1)
Location of establishments and access thereto. Vehicular service
stations, commercial parking lots for five or more motor vehicles,
automobile repair shops or any vehicular access thereto are regulated
as follows:
(a)
A site development plan shall accompany all applications and
shall show building and fuel pump placement and dimensions, parking,
landscaping, internal circulation and the size and location of signage.
(b)
All vehicular servicing activities except for those normally
performed at fuel pumps shall be performed within completely enclosed
buildings.
(c)
Minimum setbacks of fuel pumps shall be 20 feet from the front
yard setback line.
(d)
Fuel pumps shall not interfere with parking spaces or internal
circulation and shall be located at least 30 feet from all parking
areas.
(e)
A minimum width of 250 feet at the building setback line is
required.
(f)
Automobile service stations and parking lots shall not be located within 100 feet of any boundary line of any R District; provided, however, that where the rear lot line of the property shall be less than 100 feet distant from an R District, there shall be established along such rear lot line a buffer zone which shall be landscaped in accordance with the provisions of § 260-25 hereof, and no part of any parking space shall be less than 20 feet from any residential property line.
(g)
Automobile service stations and parking lots shall not be located
within 100 feet of property dedicated to or intended for schools,
playgrounds, churches, hospitals, public libraries and institutions
for dependents or for children, when located along the same street
or road and in the same block as said properties.
(h)
Vehicular access to the above automotive uses shall be well-defined
driveways and shall not be closer to the intersection of any two street
right-of-way lines than 50 feet.
F.
Truck and truck trailer parking in residential districts. No truck
trailers, trucks over four tons or vehicles used for the collection
of solid waste may be parked overnight on residential zone lots.
G.
Drive-in eating and drinking places. Such businesses where persons
are served in automobiles shall be not closer than 100 feet to an
R District and shall be located on a major public street and shall
provide ingress and egress so as to minimize traffic congestion and
shall comply with the following:
(1)
A minimum of eight on-site vehicular waiting spaces are required
for occupied vehicles waiting for window service.
(2)
The above spaces shall not interfere with parking spaces intended
for non-drive-through customers, internal circulation or pedestrian
safety.
(3)
A site development plan shall be submitted showing building placement
and dimensions, vehicular and pedestrian access, internal circulation,
landscaping and size and location of signage.
H.
Other drive-in business. For banks, financial institutions and any
other business uses with drive-through service, applications shall
be accompanied by a site development plan showing building placement
and dimensions, the location of all drive-through facilities, parking,
internal circulation and the location and size of signage.
[Added 11-8-2011 by Ord.
No. 507]
A.
Permit required. Every person, firm or corporation,
whether principal or agent, entering into, beginning or desiring to
begin a transient retail business in the Borough of Danville for the
sale of any goods, wares or merchandise whatsoever, and who hires,
leases, occupies or uses any room, apartment, store, shop, building,
railway car or other place or structure for the exhibition and sale
of such goods, wares or merchandise, for a period six months or less,
shall, before starting such sale, obtain a zoning permit for a transient
retail business. Permits for transient retail businesses shall be
valid for a period of 14 days. Applications shall be accompanied by
a certificate from the Sealer of Weights and Measures certifying that
all weighing and measuring devices to be used by the applicant have
been examined and approved. No permit shall be refused except for
a specific reason and for the protection of the public safety, health,
morals or general welfare. Each permit shall include the right to
use only one vehicle to conduct the business for which the permit
is issued. All business shall be conducted within a zone where transient
retail businesses are permitted.
(1)
Exception:
Any transient business operating under the authority of the Downtown
Business Alliance or the Iron Heritage Festival and their respective
events.
B.
Standards of conduct for licensees. A licensed transient
merchant shall:
(1)
Not falsely or fraudulently misrepresent the quantity,
character or quality of any article offered for sale, or offer for
sale any unwholesome, tainted or diseased provisions or merchandise.
(2)
Not blow a horn, ring a bell or use any other noisy
device to attract public attention to his wares.
(3)
Not stand or permit the vehicle used by him to stand
in one place in any public place or street for more than 10 minutes,
or in front of any premises for any time if the owner of or lessee
of the ground floor thereof objects.
(4)
Not create or maintain any booth or stand or place
any barrels, boxes, crates or other obstructions upon any street or
public place for the purpose of selling or exposing for sale any goods,
wares or merchandise.
(5)
Provide a written receipt for any advanced payment
or deposit of money prior to final delivery.
A.
Cemetery, mausoleum. Any of these uses shall provide
an entrance on a street or road which shall have a pavement width
of not less than 20 feet, with ingress and egress so designed as to
minimize traffic congestion, and shall provide a fence a minimum of
six feet high or evergreen or evergreen-type hedges or shrubs at intervals
of not more than six feet or shall provide a minimum of 20 feet of
permanently maintained planting strip on all property lines abutting
any R District or residential street.
B.
Undertakers and funeral parlors.
(1)
Undertaking and funeral parlor establishments may be permitted as a special exception in those zone districts where they are enumerated in Article IV hereof, provided that the outward appearance of the building does not detract from the residential area where it may be proposed; and it is to be located on a street where the collection and movement of vehicles participating in a funeral procession will not adversely affect the major or secondary vehicular circulation pattern of the community.
(2)
Applications for such uses shall be accompanied by
maps showing the proposed routing of funeral processions.
Heliports may be permitted, including the construction of runways
and landing pads, provided that plans for such construction shall
be approved by the Federal Aviation Administration and that such construction
will not interfere with the comprehensive plan for the area which
may be affected by it, nor create any hazards or inconvenience in
presently developed areas. Except in the event of an emergency, helicopter
landings shall be permitted only at approved heliports.
Such uses shall not abut existing residential development, a
residential street or any R District, and the operation thereof shall
be governed by the following provisions and any other conditions as
may be required by the Zoning Hearing Board to protect the public
health, safety, comfort, convenience and general welfare and especially
with regard to abutting properties and the occupants thereof.
A.
Inflammables and explosives. No highly inflammable
or explosive liquids, solids or gases shall be stored in bulk above
ground, except as permitted by state and federal regulations. Tanks
or drums of fuel directly connecting with heating devices or appliances
located on the same premises as the tanks or drums of fuel are excluded
from this provision.
B.
Fencing and setbacks. All outdoor storage facilities
shall be enclosed by a fence or wall adequate to conceal such facilities
and the contents thereof from adjacent property. Such walls and fences
shall be distant not less than 20 feet from all property lines which
abut an R District or existing residential development, but in any
other case shall be distant not less than 10 feet from any property
line and shall be distant not less than 25 feet from any public street.
C.
Deposit of wastes. No materials or wastes shall be
deposited on any premises in such form or manner that they may be
transferred off such premises by natural causes or forces.
D.
Other hazardous materials. All materials or wastes
which might cause fumes or dust or which constitute a fire hazard
or which may be edible by or otherwise be attractive to rodents or
insects shall be stored outdoors only in closed containers.
[Added 12-9-2002 by Ord. No. 448]
A.
Conditions that apply to the location of all telecommunications
towers and telecommunications facility buildings.
(1)
All applications for the location of the telecommunications towers and telecommunications facility buildings are subject to the requirements of Chapter 220, Subdivision and Land Development, and are subject to the site plan review by the Planning Commission and approval by the Borough Council.
(2)
The telecommunications tower shall be designed and
constructed to all applicable standards of the American National Standards
Institute, ANSI/EIA-222-E manual, as amended.
(3)
A soil report complying with the standards of Appendix
I, Geotechnical Investigations, ANSI/EIA-222-E manual, as amended,
shall be submitted to the Borough to document and verify design specifications
of the foundation for the telecommunications tower, and anchors for
the guy wires if used.
(4)
Telecommunications towers shall be designed to withstand
wind gusts of at least 100 miles per hour.
(5)
A telecommunications tower may not be located on a
lot that is listed on a historic register or in an officially designated
state or federal historic district.
(6)
The applicant for the placement of a telecommunications
tower shall be required to submit to the Borough evidence of the need
for the telecommunications tower and that the applicant has exhausted
all alternatives to constructing a telecommunications tower. Applicants
are required to prove need by:
(a)
Demonstrating via written evidence that, in
terms of location and construction, there are no existing towers,
telecommunications towers, buildings, structures, elevated tanks or
similar uses able to provide the platform for the telecommunications
antenna; and
(b)
Providing evidence, including coverage diagrams and technical reports,
demonstrating that co-location on existing telecommunications towers
is not technically possible in order to serve the desired need. Co-location
is not possible if:
[1]
Planned equipment would exceed the structural
capacity of existing telecommunications towers within the Borough,
considering existing and planned use of those telecommunications towers,
and existing telecommunications towers cannot be reinforced to accommodate
planned or equivalent equipment at a reasonable cost;
[2]
Planned equipment will cause radio frequency
(RF) interference with other existing or planned equipment for the
telecommunications tower, and the interference cannot be prevented
at a reasonable cost;
[3]
Existing or approved telecommunications towers
do not have the space on which planned equipment can be placed so
it can function effectively and at least in parity with other similar
equipment in place or planned; or
[4]
Other reasons make it impractical to place the
equipment planned by the applicant on existing and approved telecommunications
towers.
(7)
Telecommunications towers shall not be closer than
500 feet to another telecommunications tower, such distance being
measured as a horizontal from tower to tower.
(8)
Telecommunications towers shall be subject to a minimum
setback from all overhead electric transmissions lines of a distance
equal in the height of the tower.
(9)
The applicant shall present documentation that the
telecommunications tower is designed in accordance with all applicable
state and federal regulations. Except as required by the Federal Aviation
Administration, or other federal or state agencies, no telecommunications
tower may use artificial lighting or strobe lighting at night.
(10)
An applicant for a zoning permit for a telecommunications
tower shall:
(a)
Execute an agreement with the Borough, in a
form legally acceptable to the Borough, requiring the removal of the
tower within one year after the tower ceases to function as such,
including the posting of appropriate security adequate to remove the
subject tower;
(b)
Agree to erect a tower with sufficient capacity
to accommodate not less than two antennas in addition to their own;
(c)
Agree to rent or sell such additional capacity
to accommodate not less than two antennas in addition to their own;
(d)
Agree to submit to binding arbitration, in accordance
with procedures to be established by the Danville Borough Council,
and agree to share the cost of such arbitration equally with the other
parties desiring space on the subject tower in the event that the
developer and the other parties do not reach an acceptable settlement
within 30 days of notification to the Borough; and the tower developer
shall be responsible for prompt reporting of an offer within five
days thereof.
(11)
Except when located on the roof of a building,
a security fence, of approved design, of not less than eight feet,
and no greater than 10 feet, shall completely enclose the telecommunications
tower. A fence of not less than eight feet and no greater than 10
feet shall also completely enclose the anchored locations of guy wires,
if used. This fencing shall be designed to be compatible with surrounding
land uses.
(12)
Except when located on the roof of a building,
the applicant shall submit a landscaping plan. Sites in which telecommunications
towers are located shall be required to comply with the following
landscaping requirements:
(a)
Landscaping and planting of an approved design
shall be provided for a depth of 10 feet along all public rights-of-way
abutting the lot where the telecommunications tower is located. This
requirement may be waived by the Zoning Hearing Board, provided rights-of-way
abutting the lot.
(b)
Landscaping, consisting of trees and shrubs,
shall be required at the perimeter of the security fences and the
telecommunications facility building. Evergreen trees of 10 feet height
at planting, and growth of a minimum of 50 feet at maturity, shall
be planted a maximum of 15 feet from each other around the perimeter
of the security fence. Areas between the trees shall be interspersed
with approved shrubbery planting of a height of not less than five
feet.
(c)
Landscaping, consisting of approved evergreen
trees of 10 feet height of planting, at a maximum of 15 feet from
each other shall be required along all property lines abutting an
existing residence, school, park, or church. This requirement may
be waived by the Zoning Hearing Board, provided the abutting property
owner(s) submit in writing to the Borough that they are waiving their
right to this landscaping, or the Zoning Hearing Board may waive this
requirement if there is existing acceptable vegetation along the property
lines.
(14)
Telecommunications towers shall be fully automated
and unattended on a daily basis. The site shall be visited only for
periodic maintenance.
(15)
Telecommunications facility buildings shall
be identified as accessory buildings, and the applicable regulations
for the host zoning district shall apply.
(16)
Guy wires, if utilized, must be anchored no
closer than 25 feet from any property line. Guy wires shall not cross
or encroach any overhead telephone or electric power lines.
(17)
Tower height shall be measured from the top
of the foundation to the top point of the tower or the top point of
the telecommunications antenna, whichever is higher.
(18)
Internal access to the telecommunications tower
shall be provided by a minimum twelve-foot width cartway with a durable
and dustless surface, such as concrete or a bituminous concrete surface
for a minimum of 50 feet from any public or private street. The length
of the cartway beyond this 50 feet shall, at a minimum, be surfaced
with a durable and dustless gravel surface. The vehicular access to
the telecommunications tower and telecommunications facility building
shall, whenever feasible, be provided along existing circulation driveways.
(19)
Setbacks. Telecommunications towers shall be
required to be set back from adjacent property lines a minimum of
1.5 times the height of the telecommunications tower. Such distance
shall be measured in a straight line from the telecommunications tower
to the property line. This setback requirement abuts the property
in which the telecommunications tower is located. In that situation,
the largest setback requirement shall apply.
(20)
A telecommunications tower shall be no higher
than 175 feet.
(21)
There shall be no more than one telecommunications
tower on one lot.
B.
Conditions on the location and placement of telecommunications
antennas. Telecommunications antennas may be attached to any nonresidential
building or structure that is a permitted use in the district, including
but not limited to a church, a municipal or governmental building
or facility, a building owned by a utility, or a telecommunications
tower. Subdivision and land development review is not required by
the Planning Commission or the governing body for the location of
telecommunications antennas on a building. The following conditions
shall be met:
(1)
No more than one telecommunications antenna may be
attached to any nonresidential building as permitted use. A permit
for one telecommunications antenna on one building may be issued by
the Zoning Officer after a review of the requirements stated in this
section.
(2)
The location of two or more telecommunications antennas
on any nonresidential building shall be considered as a special exception.
There shall be a minimum distance equal to the height of the telecommunications
antennas.
(3)
The location of one or more telecommunications antennas
on any nonoccupied structure, such as a telecommunications tower,
a water tank, or an observation tower shall be considered as a principal
permitted use. Permit(s) for telecommunications antenna on nonoccupied
structures may be issued by the Zoning Officer after a review of the
requirements stated in this section. Subdivision and land development
review is not required by the Planning Commission or the Borough Council
for the location of telecommunications antenna on a nonoccupied structure.
(4)
Height limits for telecommunications antennas: not
to exceed 20 feet above the structure or building on which it is located.
(5)
The top point height of any telecommunications antennas
located on a telecommunications tower shall not exceed the height
requirements for telecommunications towers stated in this chapter.
(6)
Setback. Telecommunications antennas located on buildings
and structures shall be required to be set back from all property
lines a minimum of the front yard setback requirement of the host
district plus the height of the telecommunications antenna.
C.
Telecommunications tower and telecommunications antennas
that are related to the operations of a principal use on the same
lot. The following regulations shall apply to telecommunications towers
and telecommunications antennas that are related to the operations
of a principal use in any zoning district:
(1)
No subdivision of land shall be required for the placement
of a telecommunications tower on any lot where the use of that telecommunications
tower relates to the operations of a principal use on that lot.
(2)
Telecommunications antennas located on any building
or structure where the use of that telecommunications antenna relates
to the operations of a principal use on that building or structure
shall be considered as principal permitted uses in all zoning districts
where they are authorized, and shall not require site plan and land
development approval from the governing body.
D.
Exclusion of residential television and radio antennas
from height regulations. The height regulations prescribed herein
shall not apply to residential TV and radio antennas.
A.
Purpose. The following regulations governing antennas
are designed to protect the aesthetic environment of the vicinity
where they are to be located as well as to protect the public health,
safety and welfare. The provisions of this section shall not apply
to a television satellite dish antennas and other antennas having
a diameter of 36 inches or less.
C.
Allowed locations. In C Districts and M Districts, they shall be allowed anywhere on the site or on the building. In R Districts, they shall be limited to the rear yard. If the applicant adequately documents that reception is unfeasible in the rear yard, they may be located in any side yard. If, however, reception is infeasible in either of these areas, they may be located in the front yard or on the roof of the building to which they are appurtenant. If they are to be located in the front yard or on the roof of the building, a special satellite reception permit shall be required as specified in Subsection B hereof.
D.
Size and height. In C Districts and M Districts, there
shall be no restrictions regarding their size or height. In all R
Districts, however, except as otherwise provided herein, they shall
not exceed a diameter of 12 feet or a height of 20 feet. However,
where such height and/or size restrictions preclude the feasibility
of reception, these dimensions may be exceeded, but a special satellite
reception permit shall be required.
E.
Additional requirements.
(1)
Except in a C District or M District, satellite television
antennas shall be located and designed (to the extent reasonably feasible)
to reduce visual impact on surrounding properties.
(2)
Antennas shall meet all manufacturers' specifications,
be of noncombustible and corrosive-resistant material and be erected
in a secure, wind-resistant manner.
(3)
Every antenna must be adequately grounded for protection
against a direct strike of lightning.
(4)
Every antenna shall be effectively screened from the
adjoining premises and/or public right-of-way.
[Added 12-9-2002 by Ord. No. 448]
F.
Radio and television towers, masts and aerials. Such
uses shall be subject to all applicable criteria for the approval
of special exceptions and all applicable regulations of the Federal
Communications Commission (FCC) and other applicable federal and state
regulating bodies as evidenced by their approval of all plans thereof.
[Amended 12-9-2002 by Ord. No. 448]
A.
Purpose. The sign regulations, controls and provisions
set forth herein are made in accordance with an overall plan and program
for public safety, economic and community development and the general
welfare of the Borough. It shall be the purpose of these sign regulations
to control and promote the erection of signs which preserve the wholesome
and attractive character of the Borough; to preserve and protect property
values; to preserve the architectural character and environmental
context of the historic district; to avoid the uncontrolled proliferation
of signs; to encourage and support business activity through reasonable
standards for advertising signs; and to avoid undue concentrations
of signs which distract and endanger traffic safety.
B.
Signs permitted in all districts. Signs listed in
this section are permitted in all districts and shall not require
permits; except as otherwise provided herein, they shall not be counted
when calculating the number of signs on a premises. Such signs shall
conform with the general regulations and design standards for the
types of signs provided for and required by the provisions hereof.
(1)
Banners, pennants and flags. Decorative banners or
pennants or flags bearing the insignia of any government, religious,
charitable or fraternal organization maintained in a serviceable condition
and limited to a maximum area of 24 square feet.
(2)
Construction project signs. Signs not to exceed 16
square feet in residential districts and 24 square feet in commercial
and industrial districts. Such signs shall be maintained on the building
or site only for the actual period of construction and shall be removed
within 15 days following the completion of construction.
(3)
Decal signs. Decals affixed to the windows or door
glass panes which indicate membership in a business group or which
denote credit cards accepted by the establishment.
(4)
Display signs. Interior window signs which are attached
or related to displays which inform, entertain, promote, endorse or
sponsor. Such signs shall be limited to a maximum area of 10 square
feet per display.
(5)
Historical markers. Plaques or signs which document
historical events or the historical significance of persons or buildings.
(6)
Identification signs for places of worship. Signs
identifying places of worship, when located on the premises thereof,
and not more than 24 square feet in sign area.
(7)
Memorial signs or tablets. Signs or tablets which
honor the memory of persons and events.
(8)
Municipal signs. Signs erected by the Borough Council
or under the direction of the Council and bearing no commercial advertising,
e.g., traffic signs, railroad crossing signs, safety signs, signs
identifying public schools and playgrounds, etc.
(9)
Name and address of resident. Name and address of
resident, business or building, but not to include any commercial
advertising, and not more than two square feet in sign area.
(10)
No trespassing signs. "No trespassing" signs
or other such signs regulating the use of a property, of no more than
two square feet in sign area in residential districts and five square
feet in all commercial and manufacturing districts.
(11)
On-premises signs for professional occupations. On-premises signs identifying professional and home occupation uses as defined in § 260-29 hereof, including names and credentials. Such signs shall be limited to two square feet and shall contain no commercial advertising.
(12)
On-premises information signs. Signs regulating
on-premises traffic, parking or other functional information, e.g.,
"lubrication," "sales department," etc., when less than four square
feet in area and bearing no commercial advertising. Internal illumination
of such signs shall not be permitted.
(13)
Political signs. Signs which are designed to
influence the vote of the electorate. Such signs shall be stationary,
temporary and unlighted except where otherwise permitted.
(14)
Real estate management signs. Such signs may
include the name, address and telephone number of a real estate management
company but shall not include an emblem, logo or any commercial advertising;
they shall be not more than 24 square inches in sign area, and there
shall be not more than one such sign per building entrance.
(15)
Real estate signs. Signs not to exceed five
square feet in residential districts and 25 square feet in commercial
and manufacturing districts, which advertise the sale, rental or lease
of the premises upon which they are located. Such signs shall be maintained
in a serviceable condition and shall be removed within 10 days after
the premises advertised has been sold, rented or leased.
(16)
Signs (and banners), temporary advertising community
activities, special events of charitable or public service groups.
Such signs shall be limited to a maximum area of 75 square feet. Such
signs shall not be erected earlier than 15 days prior to the advertised
event or activity and shall be removed within 48 hours following the
event or activity.
[Amended 5-10-2011 by Ord. No. 506]
C.
Signs prohibited in all districts. Signs listed in
this section are prohibited in all districts:
(1)
Any sign which flashes, rotates or moves that is visible
from a public street.
(2)
Any sign which, by reason of its size, location, content,
coloring or manner of illumination, constitutes a traffic hazard or
a detriment to traffic safety by obstructing the vision of drivers
or detracting from the visibility of any traffic sign or control device
on public streets and roads.
(3)
Any sign which obstructs free ingress to or egress
from a public right-of-way or required door, window, fire escape or
other required exitway or which obstructs a window, door or other
opening for providing light or air or which interferes with the proper
function of the building.
(4)
Any sign or sign structure which is structurally unsafe;
constitutes a hazard to safety or health by reason of inadequate maintenance,
dilapidation or abandonment; is not kept in good repair; or is capable
of causing electrical shocks to persons likely to come in contact
with it.
(5)
Signs which make use of words such as STOP, LOOK,
DANGER, etc., or any phrases, symbols or characters which interfere
with, obstruct, mislead or confuse traffic.
(6)
Flashing, blinking or pulsating string lights used
in connection with commercial premises for commercial purposes, except
temporary holiday decorations.
(7)
Searchlights, advertising pennants, spinners and streamers,
except for use as a temporary .
(8)
Signs which are affixed to a roof, highway right-of-way
fence, utility pole or utility structure or tree, shrub, rock or other
natural objects.
(9)
Off-premises advertising signs other than community
directory signs, except off-premises advertising signs which are permitted
in the C-3 District.
D.
Sign restrictions in all districts.
(1)
General requirements. All signs shall conform to the
general regulations and design standards for the types of signs provided
for and required by this chapter. No signs except portable sidewalk
signs shall be located in or upon a public right-of-way.
(2)
Limit on number of signs. Except as otherwise provided
herein, there shall be no limit on the total number of signs permitted
on a premises, provided that the maximum sign area for the building
does not exceed the limits established in Subsection E(4)(d).
(3)
Limit on height of signs. No sign or any part thereof,
including braces, supports or lights, shall exceed a height of 20
feet. Height shall be measured from grade level directly below the
face of the sign to the highest part of the sign.
(4)
Limit on sign area. The maximum sign area permitted
for buildings within all commercial districts, regardless of the number
of premises contained therein, shall not exceed 1 1/2 square
feet per linear foot of building face parallel to or substantially
parallel to a public right-of-way. If a building fronts on two or
more streets, the maximum sign area for each street frontage shall
be computed separately. A lot without a building situated thereon
shall be entitled to a maximum sign area of 24 square feet.
(5)
Limit on content of signs. Trademarks that are registered
for a specific commodity may occupy no more than 10% of the maximum
sign area for a building, unless the commodity is the principal product
sold or manufactured on the premises, except for off-premises signs,
which shall be regulated by the standards for off-premises advertising
signs.
(6)
Safety and maintenance. Every sign and all parts thereof shall be maintained in a secure and safe condition. If, in the opinion of the Zoning Officer, a sign is not secure, safe and in good state of repair or otherwise not in compliance with this section, the Zoning Officer shall give written notice of this fact to the owner or lessor in accordance with the procedures set forth in § 260-63 hereof.
E.
Sign design standards. In addition to the general
provisions of this section, the following regulations shall apply
to each sign specified herein.
(1)
(3)
Banner sign.
(a)
A banner sign may overhang a public right-of-way,
provided that the sign is firmly attached to a supporting structure.
(b)
Any organization or individual erecting a banner
sign over a public right-of-way shall first secure the written approval
of the affected property owners and the Borough Police Department.
(c)
Any organization or individual erecting a banner
sign over a public right-of-way shall agree, in writing, to assume
all liability for any damages resulting from the placement and use
of the sign. Additionally, a hold harmless agreement, as provided
by the Borough, shall be executed and filed with the Borough prior
to erecting any banner sign over a public right-of-way.
(4)
Community directory sign.
(a)
The community directory sign, excluding any
frame or enclosing structure, shall not exceed 15 square feet in area.
(b)
The community directory sign shall not exhibit
commercial advertising. Church and civic organization sponsored directory
signs shall not be considered commercial advertising.
(c)
Only one community directory sign shall be allowed
for each street frontage of a premises.
(5)
Construction project sign.
(a)
Only one construction project sign shall be
allowed for each construction site.
(b)
The construction project sign shall not exceed
12 square feet in area.
(c)
The construction project sign shall be maintained
on the building or site only for the actual period of construction
and shall be removed within 15 days following the completion of construction.
(6)
Directional sign.
(a)
A single directional sign may be erected along
roadways to direct vehicles or pedestrians to premises not located
on such roadways, but the access to which is from such roadways.
(b)
Directional signs shall be freestanding signs
with a maximum area of three square feet on a single face or six square
feet on a double-faced sign.
(c)
The content of directional signs shall be limited
to the name of the establishment and direction and distance information.
(d)
The longest dimension of a directional sign
shall not exceed 1 1/2 times its shortest dimension and shall
exhibit a light background with contrasting dark border and letters.
(e)
The maximum height of any directional sign shall
not exceed a height of nine feet above grade level.
(7)
Freestanding sign (C-3 District).
(a)
The freestanding sign shall have no more than
two faces.
(b)
Each sign face shall not exceed 24 square feet.
(c)
The top of the freestanding sign shall not exceed
a height of 18 feet above grade level.
(d)
A premises may erect and maintain one freestanding
sign per lot except as otherwise permitted in this section. However,
no individual business or other individual enterprise within a shopping
plaza may erect or maintain a freestanding sign.
(e)
One freestanding sign may be permitted for and
toward each public right-of-way for a corner lot or lot having public
entrance to two or more public rights-of-way.
(f)
A lot with a frontage of 300 feet or more on
a public right-of-way may have a total of two freestanding signs;
provided, however, that such signs shall not be closer, one to the
other, than 150 feet.
(8)
Freestanding sign (C-1, C-2, R-3, P-1 Districts).
(a)
The freestanding sign shall have no more than
two faces.
(b)
Each sign face shall not exceed nine square
feet.
(c)
The longest dimension of the freestanding sign
shall not exceed 1 1/2 times its shortest dimension.
(d)
The top of the freestanding sign shall not exceed
a height of nine feet above grade level.
(9)
Illuminated sign.
(a)
Internally and externally illuminated wall and
window signs shall be permitted in the C-1, C-2 and C-3 Districts.
(b)
Internally illuminated wall and window signs
in the C-1 and C-2 Districts shall be limited to a maximum top to
bottom height of 24 inches.
(d)
All exterior illuminated signs shall have concealed
connecting wires.
(10)
Individual letters or symbol sign.
(a)
Sign area shall be computed by measuring the
area of the smallest rectangle or other geometric shape which encompasses
all of the individual letters or symbols.
(b)
Individual letters or symbols shall not project
more than nine inches from the building surface at the point of attachment.
(c)
Individual letters and symbols shall not extend
above the building facade or roof cornice or project beyond the ends
of the wall to which they are attached.
(11)
Marquee sign.
(a)
The marquee sign may be painted on or attached
flat against the surface of the marquee, but shall not project beyond
the marquee or be attached to its underside.
(b)
Letters or symbols on the marquee sign shall
not exceed 12 inches in height.
(c)
The bottom of the marquee sign shall have a
minimum clearance of 10 feet above the sidewalk.
(13)
Political sign.
(a)
Political signs are permitted in all districts
if stationary and in compliance with the regulations for the illumination
of signs.
(b)
Political signs shall be removed within 15 days
following a primary or general election.
(c)
Political signs shall not be attached to utility
poles, highway right-of-way fences or trees within the public right-of-way.
(14)
Portable sidewalk sign.
(a)
Portable sidewalk signs shall be erected or
displayed only during the course of normal daylight business hours.
No such sign shall be illuminated, erected or displayed after sunset
or during hours when the business or businesses are closed.
(b)
Portable sidewalk signs shall not impede pedestrian
traffic or obstruct the vision of motorists.
(c)
The dimensions of such signs shall not exceed
24 inches wide by 42 inches high when measured perpendicular to the
sidewalk.
(d)
Only one such sign shall be permitted per storefront.
Where more than one business occupies a building, the portable sign
may be shared.
(e)
Merchants using portable sidewalk signs within
the public right-of-way shall provide the Borough Zoning Officer with
a certificate of liability insurance for a minimum of $500,000. Additionally,
a hold harmless agreement, as provided by the Borough, shall be executed
and filed with the Borough prior to issuance of a sign permit.
(15)
Professional occupation sign.
(a)
The professional occupation sign shall denote
only the name, office hours, symbol, credentials and/or profession
of the occupant.
(b)
The professional occupation sign shall not exceed
three square feet.
(c)
The longest dimension of the professional occupation
sign shall not exceed 1 1/2 times its shortest dimension.
(d)
The professional occupation sign may be attached
to the building or affixed to a freestanding post. Post-mounted signs
shall not exceed nine feet in height above grade level.
(16)
Projecting sign.
(a)
Each face of a two-sided projecting sign shall
not exceed nine square feet.
(b)
The area of a three-dimensional object or symbol
sign shall not exceed nine square feet. The area shall be computed
by enclosing the largest cross section of the sign in a geometric
shape, e.g., rectangle, square, circle, triangle or parallelogram,
and calculating the area of the enclosed shape.
(c)
Projecting signs may be internally or externally
illuminated.
(d)
No form of illumination that is flashing, moving,
animated or intermittent shall be permitted.
(e)
All exterior illuminated signs shall have concealed
connecting wires.
(g)
The largest dimension of the projecting sign
shall not exceed 1 1/2 times its shortest dimension.
(h)
The largest vertical dimension of the projecting
sign shall not exceed three feet.
(i)
The horizontal projection of the projecting
sign shall not exceed 42 inches from the building face.
(j)
The projecting sign shall be mounted at a right
angle to the building face or may be mounted diagonally to the right
angle corner of the building.
(k)
The projecting sign shall be hung so as to maintain
a minimum clearance of eight feet between any sidewalk and the bottom
of the sign.
(l)
There shall be no more than one projecting sign
for any premises unless the premises is located on a corner lot or
has public entrances on two or more public ways, in which case one
projecting sign may be erected for and toward each public way.
(17)
Public service sign.
(18)
Real estate sign.
(a)
The real estate sign shall not exceed five square
feet in residential districts or 24 square feet in commercial and
manufacturing districts.
(b)
Only one real estate sign shall be allowed for
each 150 feet of street frontage. The sign shall be limited to the
property being sold or rented.
(c)
All real estate signs shall be removed within
30 days after the closing of the sale of the real estate or the rental
of the real estate.
(19)
(20)
Temporary sign.
(a)
Temporary signs pertaining to special sales
or events may be displayed for a period of 30 days or less.
(b)
The cumulative area of temporary window sign(s)
shall not exceed 20% of the area of each display window or public
entrance on the building site. For purposes of this subsection, any
display window that faces a separate public right-of-way or which
is separated from any other display window by a public entrance shall
be considered a single display window.
(22)
Window sign.
(a)
The total area of any permanent window sign
shall not exceed 30% of the total glass area of the display window.
For purposes of this subsection, any display window that faces a separate
public right-of-way or which is separated from any other display window
by a public entrance shall be considered a single display window.
(b)
The contents of the window sign shall only advertise
an on-premises use.
(c)
The total area of permanent window signs shall
be included in computing the total area of signs on the building frontage.
(d)
The area of window signs shall be computed by
measuring the area of the smallest rectangle or other geometric shape
which encompasses all of the individual letters or symbols.
F.
Table of Permitted Sign Uses.
|
Zoning District
| |||||||||
|---|---|---|---|---|---|---|---|---|---|
|
Sign Type
|
C-1
|
C-2
|
C-3
|
M-1
|
R-1
|
R-2
|
R-3
|
P-1
| |
|
Address
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| |
|
Awning
|
P
|
P
|
P
|
P
|
N
|
N
|
N
|
N
| |
|
Banner
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| |
|
Community directory
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| |
|
Construction project
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| |
|
Directional
|
P
|
P
|
P
|
P
|
N
|
N
|
N
|
P
| |
|
Externally illuminated
|
P
|
P
|
P
|
P
|
N
|
N
|
N
|
P
| |
|
Freestanding
|
P
|
P*
|
P
|
N
|
N
|
N
|
P
|
P
| |
|
Individual letters or symbols
|
P
|
P
|
P
|
P
|
N
|
N
|
N
|
N
| |
|
Internally illuminated
|
P
|
P
|
P
|
N
|
N
|
N
|
N
|
N
| |
|
Marquee
|
N
|
P
|
P
|
N
|
N
|
N
|
N
|
N
| |
|
Off-premises advertising
|
N
|
N
|
P
|
N
|
N
|
N
|
N
|
N
| |
|
Political
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| |
|
Portable sidewalk
|
P
|
P
|
P
|
N
|
N
|
N
|
N
|
P
| |
|
Professional occupation
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| |
|
Projecting
|
N
|
P
|
N
|
N
|
N
|
N
|
N
|
N
| |
|
Public service
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| |
|
Real estate
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| |
|
Roof
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
N
| |
|
Shopping plaza
|
P
|
P
|
P
|
N
|
N
|
N
|
N
|
N
| |
|
Temporary
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| |
|
Wall
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| |
|
Window
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| |
|
Notes:
| |
|---|---|
|
* Traffic control signs only.
| |
|
P = Permitted
| |
|
N = Not permitted
|
|
Zoning District Key:
| |
|---|---|
|
C-1 Neighborhood Commercial
| |
|
C-2 Central Business
| |
|
C-3 Highway Commercial
| |
|
M-1 Manufacturing
| |
|
R-1 One-Family Residential
| |
|
R-2 Two-Family Residential
| |
|
R-3 Multifamily Residential
| |
|
P-1 Public
|
G.
Administration and enforcement of the sign regulations.
(1)
Sign inspection and enforcement.
(a)
The Zoning Officer shall inspect signs and enforce
the provisions hereof.
(b)
The Zoning Officer shall receive and examine
all applications for permits to erect signs and shall issue permits
for all signs which conform to the requirements hereof.
(c)
The Zoning Officer shall record and file all
applications, conduct an annual inspection of all signs and make such
reports as the Borough may require.
(2)
General provisions for all sign permits.
(b)
All sign approval permits shall be filed on
application forms provided by the Borough and administered by the
Zoning Officer.
(c)
One application form may be used to describe and permit multiple sign installations on the same property, provided that complete information is provided for each sign as stipulated in Subsection G(3) hereof.
(d)
Sign approval permits are valid until the sign
is replaced, remodeled or structurally altered, in which case a new
permit shall be required.
(3)
Permits to erect new signs or to alter or move existing
signs.
(a)
No sign shall be erected, structurally altered
or moved until a permit has been obtained from the Zoning Officer.
A permit shall only be issued when the Zoning Officer determines that
the sign plans comply with all applicable provisions hereof.
(b)
Any person desiring a sign permit shall file
an application on a form provided by the Borough and administered
by the Zoning Officer.
(c)
The sign permit application form shall contain
the following information:
[1]
Applicant's name, address and telephone number.
[2]
A plan, drawn to scale, showing the location
of the building, structure or lot to which the sign is to be attached
or erected and showing the position of the sign in relation to the
property lines, adjoining or nearby buildings, streets or highways.
[3]
A description of the dimensions, shape, color,
material, supports, anchoring and height of the sign and the intensity
of illumination.
[4]
A sketch of the sign, drawn to scale, illustrating
the style of letters, words, symbols or other graphics.
[5]
The name of the person or firm constructing,
altering or moving the sign.
[6]
Written consent of the property owner, if different
from the applicant.
[7]
Any other conditions which the Zoning Officer
may require to demonstrate full compliance with this chapter and other
applicable laws of the Borough.
(d)
The Zoning Officer shall process applications
for sign approval permits within 30 days from the date of the filing
of a complete application with the required fee.
(e)
Approval to erect, alter or move a sign shall
be granted subject to the provisions hereof or other applicable ordinances
and any other specific conditions which may be stipulated on the permit
application form, as may be required by the Zoning Hearing Board.
(f)
The Zoning Officer shall inspect the sign installation
for conformance to all applicable requirements and conditions. Signs
deemed to be in compliance with the terms and conditions of the permit
application shall be granted a permit. The permit shall be validated
by the signature of the Zoning Officer. A copy of the validated sign
permit shall be provided to the sign owner.
(g)
The sign owner shall notify the Zoning Officer
upon the removal of any permitted sign.
(4)
Nonconforming signs. All signs existing at the time
this chapter is enacted which do not conform to one or more applicable
provisions hereof shall be deemed to be nonconforming signs and shall
be subject to the following requirements:
(a)
Any sign heretofore legally erected may continue
to be maintained. However, no such sign shall be enlarged, added to
or replaced by another nonconforming sign.
(b)
A nonconforming sign may be temporarily removed
for repair and maintenance and reerected if restored within six months.
Signs not restored within a six-month period shall be deemed abandoned
and the use of the nonconforming sign shall terminate.
(c)
Nonconforming signs or sign locations which
are discontinued or not used for a period of at least six months shall
be deemed abandoned and the use of the nonconforming sign shall terminate.
(d)
Any nonconforming sign that becomes unsafe or
which is destroyed or damaged beyond repair shall be removed. Nonconforming
signs which are unsafe, destroyed or damaged beyond repair for a period
of six months or more shall be deemed abandoned and the use of the
nonconforming sign shall terminate.
(e)
No person shall maintain an abandoned nonconforming
sign or permit an abandoned sign to be maintained on a premises under
their ownership or control. Any such abandoned sign shall be removed
by the landowner or person controlling the property within 30 days
of the abandonment.
(5)
Fees for sign permit.
(a)
Applications for erecting, altering or moving
a sign or signs, as well as the filing of a request for variance with
the Zoning Hearing Board, shall be accompanied by the fees established
in the Schedule of Fees adopted by the Borough of Danville.[5]
(b)
No fee shall be charged for resubmitting an
application which adopts the suggested modifications of the Zoning
Hearing Board.
(c)
No fee shall be charged for the painting or
repair of a sign that is an exact duplicate of the existing approved
sign.
(d)
No permit shall be issued nor variance granted
without the payment of required fees.
ATMs shall be permitted only in accordance with the following
restrictions and requirements:
Coin-operated public phone booths shall be permitted only in
accordance with the following restrictions and requirements:
[Added 12-9-2002 by Ord. No. 448]
Adult businesses are permitted only as a special exception use
only in the C-3 zone district.
A.
Legislative findings. In adopting these standards
which apply to adult businesses, the Borough Council has made the
following findings in regard to the secondary effects on the health,
safety and welfare of the citizens of Danville Borough. The findings
are based on evidence concerning the adverse secondary effects of
adult uses on the community presented in hearings and in reports made
available to the Borough Council, and on findings incorporated in
the cases of City of Renton v. Playtime Theaters, Inc., 475 U.S. 41
(1986), Young v. American Mini Theaters, 426 U.S. 50 (1976), and Northern
Cinema, Inc., v. Seattle, 585 P. 2d 1153 (Wash. 1978), and in re:
appeal of Bucks, Bass and Balls Inc., d/b/a LaDolce Vita from the
Deemed Denial by the Zoning Hearing Board of Springbrook Township
in the Court of Common Pleas of Lackawanna County, Civil Action –
Law No. 97-CV-5379 and 100 Lackawanna Jurist 223 (1999), and City
of Erie, et al v. Pap's A.M. TDBA "Kandyland" (Slip Opinion –
Supreme Court of the United States) No. 98-1161 decided March 29,
2000, and on studies in other communities including, but not limited
to, Phoenix, Arizona; Minneapolis, Minnesota; Saint Paul, Minnesota;
Manatee County, Florida; Houston, Texas; Indianapolis, Indiana; Amarillo,
Texas; Los Angeles, California; Austin, Texas; Seattle, Washington;
Oklahoma City, Oklahoma; Beaumont, Texas; and New York City, New York;
and also on the findings found in Report of the Attorney General's
Working Group on the Regulation of Sexually Oriented Businesses, June
6, 1989, State of Minnesota. The June 6, 1989, Report of the Attorney
General's Working Group on the Regulation of Sexually Oriented Businesses
from the State of Minnesota, and the November 1994, City of New York
Adult Entertainment Study, each summarize a number of studies from
around the country as follows:
|
Minneapolis
| ||
|
The effects of sexually oriented businesses
on the crime rate index is positive.
| ||
|
There is a close association between adult businesses,
crime rates, and low housing values.
| ||
|
St. Paul
| ||
|
A significant correlation exists between the
location of adult businesses and neighborhood deterioration.
| ||
|
Indianapolis
| ||
|
Real estate appraisers overwhelmingly (80%)
felt that an adult bookstore would have a negative effect on residential
property values within one block of the site.
| ||
|
71% believed there would be a detrimental effect
on commercial property values in the one-block radius.
| ||
|
Major crimes such as criminal homicide, rape,
robbery, assault, burglary, and larceny, occurred at a rate 23% higher
in areas with adult businesses.
| ||
|
The sex-related crime rate, including rape, indecent exposure,
and child molestation, was 77% higher in such areas.
| ||
|
Phoenix
| ||
|
Property crimes were 43% higher in areas with
adult businesses.
| ||
|
The sex crime rate was 500% higher in those
areas.
| ||
|
Whittier, California
| ||
|
Higher occupancy turnover rates were documented
in commercial and residential areas adjacent to adult businesses.
| ||
|
Numerous reports of excessive noise, drunkenness
and pornographic litter associated with adult businesses were identified.
| ||
|
The Minnesota Working Group concluded that a comprehensive approach is required to reduce or eliminate the impacts
of sexually oriented businesses. Zoning and licensing regulations
are needed to protect residents from the intrusion of "combat zone"
sexual crime and harassment into their neighborhoods.1
| ||
|
The New York City study concluded that numerous studies in other locations found that adult entertainment
uses have negative secondary impacts such as increased crime rates,
depreciation of property values, deterioration of community character
and the quality of urban life.2
| ||
|
Municipalities typically allow adult uses in
heavy commercial and industrial districts. The New York City study
reported that:
| ||
|
A study in the Town of Islip, NY formed the
basis of zoning regulations that allow adult uses only in Industrial
I Districts by special exception.
| ||
|
The Indianapolis, Indiana study recommended
that adult uses should be allowed only by special exception
in commercial districts oriented beyond a neighborhood and not within
500 feet of a residential, school, church, or park property line,
or historic area.3
| ||
|
A study conducted by the Manatee County, Florida,
Planning and Development Department recommended that adult
uses be limited to commercial locations at least 500 feet from a residential
district and 2,000 feet from churches, schools, child-care facilities
and public recreation areas.4
| ||
|
This ordinance adopted in 1992 by Jackson, Mississippi,
limits topless bars and other adult businesses to areas zoned for
light industrial uses and requires distances ranging from 250 feet
to 1,000 feet from residential uses and commercial facilities.
| ||
|
Regulations in many Long Island, New York, communities attempt to protect residential and commercial areas by allowing adult
uses only in low-visibility industrial districts.5
| ||
|
Recent events and alleged criminal activity
at an adult business in a nearby community document that secondary
effects of adult businesses can affect rural areas as well as urban
areas (Hip Hop Club, Hamlin, PA).
| ||
|
The concern over sexually transmitted diseases
is a legitimate health concern of Danville Borough which demands reasonable
regulation of adult businesses and adult uses in order to protect
the health and well-being of the citizens.
| ||
|
Certain employees of sexually oriented business
regulated by this ordinance as adult theaters and cabarets engage
in higher incidents of certain types of sexually oriented behavior
at these businesses than employees of other establishments.
| ||
|
Sexual acts, including masturbation, and oral
and anal sex, occur at sexually oriented businesses, including adult
bookstores, adult novelty shops, adult video stores, adult motion-picture
theaters, or adult arcades, and especially those which provide private
or semiprivate booths or cubicles for viewing films, videos, or live
sex shows. Offering and providing such space encourages such activities,
which create unhealthy conditions. Numerous studies and reports have
determined that semen is found in the areas of sexually oriented businesses
where persons view "adult" oriented films.
| ||
|
Persons frequent certain adult theaters, adult
arcades, and other sexually oriented businesses for the purpose of
engaging in sex within the premises of such sexually oriented businesses.
At least 50 communicable diseases may be spread by activities occurring
in sexually oriented businesses, including, but not limited to, syphilis,
gonorrhea, human immunodeficiency virus infection (AIDS), genital
herpes, hepatitis B, non B amebiasis, salmonella infections and shigella
infections; and, the incidence of many of these diseases is on the
increase.
| ||
|
Sanitary conditions in some sexually oriented
businesses are unhealthy, in part, because the activities conducted
there are unhealthy, and, in part, because of the unregulated nature
of the activities and the failure of the owners and the operators
of the facilities to self-regulate those activities and maintain those
facilities.
| ||
|
Classifying adult businesses as special exception
uses is a reasonable means of accountability to ensure that operators
of adult businesses comply with reasonable regulations and conditions,
and to ensure that operators do not knowingly allow their establishments
to be used as places of illegal sexual activity or solicitation.
| ||
|
There is convincing documented evidence that
adult businesses, because of their very nature, have a deleterious
effect on both the existing businesses around them and the surrounding
residential areas adjacent to them, causing increased crime, the downgrading
of property values, and the decline of the overall character of the
community. A number of municipal studies, including the 1986 Austin,
Texas study, have demonstrated this.
| ||
|
It is generally recognized that adult businesses,
due to their nature, have serious objectionable operational characteristics,
particularly when they are located in close proximity to each other,
thereby contributing to neighborhood blight and downgrading the quality
of life in the adjacent area. A number of municipal studies, including
the 1986 Austin, Texas study, have demonstrated this.
| ||
|
The Borough Council desires to minimize and
control these adverse secondary effects and thereby protect the health,
safety and welfare of the citizenry, protect the citizens from increased
crime, preserve the quality of life, preserve property values and
the character of the surrounding community.
| ||
|
Based on the zoning principal established by
the courts that all legitimate uses must be permitted somewhere in
the community, adult uses should be permitted. Nevertheless, such
uses must be regulated in terms of time, place and manner. In other
words, the location and outward operation should be regulated, while
remaining "content neutral" in terms of free speech protected by the
First Amendment.
| ||
|
Specific standards for setbacks, visibility
and signs must be included to protect adjoining residential, educational
and other uses from the negative secondary impacts of any adult use.
| ||
|
NOTES:
| |
|---|---|
|
1 Report of the Attorney
General's Working Group on the Regulation of Sexually Oriented Businesses,
State of Minnesota, June 6, 1989, p. 2.
| |
|
2 Adult Entertainment
Study. Department of City Planning. City of New York, November 1994.
p. 67.
| |
|
3 Ibid., p. 5.
| |
|
4 Ibid., p. 8.
| |
|
5 Ibid., p. 9.
|
B.
Intent. It is the intent of this section to:
(1)
Regulate adult business in order to promote the public
health, safety and welfare by minimizing the secondary effects on
the community which are associated with such businesses, and which
include difficulties for law enforcement, trash disposal, deleterious
effects on business and residential property values, increased crime
(particularly the corruption of morals of minors and prostitution).
(2)
Prevent the concentration of regulated uses in order
to minimize the secondary effects of such uses.
(3)
Designate a zoning district where adult businesses
are permitted, and establish reasonable, content-neutral standards
applicable to such uses.
(4)
Have neither the purpose nor effect of imposing a
limitation or restriction on the content of any communicative materials
including sexually oriented or adult materials.
(5)
Not totally restrict or deny access by adults to sexually
oriented materials or adult materials protected by the First Amendment
of the Bill of Rights of the U.S. constitution.
(6)
Not deny access by the distributors and exhibitors
of sexually oriented entertainment to their intended market.
(7)
Not condone or legitimize the distribution of obscene
material, or to encourage any violation of the Pennsylvania Crimes
Code or Pennsylvania Obscenity Code.
C.
Special exception use in the C-3 District. Adult businesses
are classified as special exception uses in the C-3 Commercial District,
which provides a suitable area for the development of such uses away
from areas with concentrated residential development.
D.
ADULT ARCADE
ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE
(1)
(2)
ADULT BUSINESS/REGULATED USE
(1)
(2)
(3)
(4)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
ADULT LIVE ENTERTAINMENT USE OR FACILITY
(1)
(a)
(b)
(c)
(2)
ADULT MOTEL
(1)
(a)
(b)
(2)
ADULT MOTION PICTURE THEATER
(1)
(2)
ADULT THEATER
(1)
(2)
CABARET
DRUG PARAPHERNALIA
DRUG PARAPHERNALIA STORES
ESCORT
ESCORT AGENCY
MASSAGE
MASSAGE PARLOR
NUDE MODEL STUDIO
NUDITY or A STATE OF NUDITY
OBSCENE MATERIALS
SEXUAL ENCOUNTER CENTER
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Any place to which the public is permitted or invited wherein
coin-operated or token-operated or electronically 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 any 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. An "adult
arcade" shall be considered a regulated use for the purpose of this
section.
An establishment having a substantial party
of its business, offering for sale or rental for any form of consideration,
any one or more of the following: books, magazines, and other periodicals
or other printed matter or photographs, films, motion pictures, videocassettes,
or video reproductions, slides or other visual representations which
are distinguished or characterized by their emphasis on matter depicting,
anatomical areas, or instruments, devices or paraphernalia which are
designed for use in connection with specified sexual activities, or
an establishment with a segment or section devoted to the sale or
display of such material, where that segment or section exceeds an
area of 10% of the sales space in such an establishment or 50 square
feet, whichever is greater.
The term "adult bookstore" shall include but
not be limited to an adult video store, and all such uses shall be
considered a regulated use for the purpose of this section.
All of the following shall be considered "adult businesses/regulated
uses":
The use of a building or land for a business
which has obscene materials as a substantial or significant portion
of its stock-in-trade.
The use of a building or land for a business
which involves the sale, lease, trade, gift or display of drug paraphernalia
as a substantial or significant portion of its stock-in-trade.
Any nightclub, bar, restaurant, arcade, theater,
or any other establishment that conducts life performances as part
of its business that are characterized by the exposure of specified
anatomical areas or by specified sexual activities, or films, motion
pictures, videocassettes, slides, or other photographic reproductions
in which a substantial portion of the total presentation time is devoted
to the showing of material that is characterized by an emphasis upon
the depiction or description of specified sexual activities or specified
anatomical areas, or where any specified sexual activities are conducted
for economic gain or any other form of consideration.
Any of the following as defined herein:
Adult arcade.
Adult bookstore or adult video store.
Adult live entertainment use or facility.
Adult motel.
Adult motion-picture theater.
Adult theater.
Cabaret.
Drug paraphernalia stores.
Escort agency.
Massage parlor.
Nude model studio.
Sexual encounter center.
A commercial use (including, but not limited
to a use of selling food or beverages) including live entertainment
involving:
Persons (which may include, but is not limited
to, waiters, waitresses, contractors, dancers, clerks, bartenders
or others) appearing in a state of nudity;
Live performances which are characterized by
the exposure of specified anatomical areas or simulated or actual
specified sexual activities, or
Films, motion pictures, videocassettes, slides
or other photographic reproductions which are characterized by the
depiction or description of specified sexual activities or specified
anatomical areas
An adult live entertainment use or facility
shall be considered an adult business for the purpose of this section.
A hotel, motel or similar commercial establishment
which:
Offers accommodations to the public for any
form of consideration and as part of the consideration provides patrons
with closed-circuit television transmissions, films, motion pictures,
videocassettes, slides, or other photographic reproductions which
are characterized by the depiction or description of specified sexual
activities or specified anatomical areas; or
Offers sleeping rooms for rent three or more
times in one calendar day.
An adult motel shall be considered an adult
business for the purpose of this section.
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 sexual
activities or specified anatomical areas
An adult motion picture theater shall be considered
an adult business for the purpose of this section.
A theater, concert hall, auditorium, or similar commercial establishment
which regularly features persons who appear in a state of nudity or
in live performances which are characterized by the exposure of specified
anatomical areas or specified sexual activities.
An adult theater shall be considered an adult business for the
purpose of this section.
An adult club, restaurant, theater, hall or similar place
which features topless dancers, go-go dancers, exotic dancers, strippers,
male or female impersonators or similar entertainers exhibiting specified
anatomical areas or performing specified sexual activities.
Any objects, devices, instruments, apparatus or contrivances,
whose primary and traditionally exclusive use is involved with the
illegal use of any and all controlled substances under Pennsylvania
Law.
Any retail store selling paraphernalia commonly related to
the use of any drug or narcotic of which the sale, use or possession
of is subject to the provisions of the Controlled Substance, Drug,
Device and Cosmetic Act, 1972, April 14, P.L. 233, No. 64, § 1
et seq., 35 P.S. § 780-101 et seq., including but not limited
to water pipes, pipe "screens", hashish pipes, "roach clips," "coke
spoons," "bongs" and cigarette rolling papers by a store that also
sells loose tobacco or the sale by prescription of implements needed
for the use of prescribed drugs or narcotics.
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 or establishment which furnishes,
offers to furnish, or advertises to furnish escorts as one of its
primary business purposes for a fee, tip, or other consideration.
The performance of manipulative exercises using hands and/or
a mechanical or bathing device on a person(s)'s skin other than the
face or neck by another person(s) that is related to certain monetary
compensation and which does not involve persons who are related to
each other by blood, adoption, marriage or official guardianship.
A person or business association or establishment which furnishes,
offers to furnish, or advertises to furnish as one of its primary
business purposes for a fee, tip, or other consideration a massage
which involves the exposure of any specified anatomical areas or the
conduct of any specified sexual activities, except where such service
is provided by a certified masseur/masseuse.
Any place where a person who appears in a state of nudity
exhibiting specified anatomical areas 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 showing of the human male or female genitals, pubic area,
or buttocks with less than a fully opaque covering or the showing
of the female breast with less than a fully opaque covering or any
portion thereof below the top of the areolae.
Any literature, book, magazine, pamphlet, newspaper, paper,
comic book, drawing, photograph, figure, image, motion picture, videotape,
sound recording, article, instrument or any other written or recorded
matter which depicts or describes any specified anatomical areas and/or
specified sexual activities.
Any of the following:
Any of the following:
E.
Standards. In addition to the other applicable provisions
hereof, the following standards shall apply to adult businesses:
(1)
No regulated use shall be permitted within 3,000 feet
of any other existing regulated use.
(2)
No regulated use shall be permitted within 500 feet
of any establishment that sells alcoholic beverages.
(3)
No regulated use shall be permitted within 500 feet
of any residentially zoned district, or any of the following residentially
related uses:
(a)
Group care facility.
(b)
Commercial enterprises catering primarily to
persons under 18 years of age;
(c)
Churches, chapels, convents, rectories, religious
article or religious apparel stores;
(d)
Schools, up to and including the 12th grade,
and their adjunct play areas;
(e)
Public recreational facilities, and public libraries;
(f)
All other public buildings and offices.
(4)
For the purposes of this section, spacing distances
shall be measured as follows:
(5)
(6)
Limit of one use. It shall be a violation of this
section for any person to cause or permit the operation, establishment,
or maintenance of more than one adult business in the same building,
structure or portion thereof, or an increase of floor area of any
adult business in any building, structure or portion thereof that
contains another adult business.
(7)
Nonconformity. Any adult business lawfully operating on the date of enactment of this section that is in violation of any of the provisions of this § 260-42 shall be deemed a nonconforming use. Such nonconforming uses shall be increased, enlarged, altered or extended, only in accord with Article VIII, Nonconforming Uses and Structures, and all other applicable standards of this section. The use may be changed to a conforming use. However, under no circumstances shall a nonconforming use as regulated by Article VIII hereof be changed to any type of adult business without applying for such change of use as a special exception.[2]
(8)
Change of use. Whenever an existing regulated use
is proposed to be changed to another permitted regulated use, the
applicant shall request consideration as another regulated use in
accordance with the procedures set forth herein for such special exceptions.
(9)
Location of new neighboring uses. An adult business lawfully operating as a conforming use shall not be rendered a nonconforming use if, subsequent to the grant of a special exception permit, a use from which an adult business is required to provide a setback under this § 260-42 is developed within the required setback distance. Any additions or expansions of the adult business use shall comply with all setbacks required by this § 260-42.[3]
(10)
Alcohol. No adult business shall be operated
in combination with the sale and/or consumption of alcoholic beverages
on the premises.
(11)
No regulated use shall permit the admission
of minors to their regulated business establishment, and the sale
of regulated services or materials to minors is also prohibited.
(12)
No regulated use shall operate between the hours
of 2:00 a.m. and 8:00 a.m. from Monday to Friday, nor between the
hours of 3:00 a.m. and 8:00 a.m. on Saturdays, nor between the hours
of 3:00 a.m. and 12:00 noon on Sundays.
(13)
Exemption for modeling class. It is a defense to prosecution under this § 260-42 that a person appearing in a state of nudity did so in a modeling class operated:[4]
(a)
By a proprietary school, licensed by the state,
or an academically accredited college or university;
(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;
(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; or
(d)
By an organization which qualifies under Section
501(c)(3) of the U.S. Internal Revenue Code as a nonprofit organization
or foundation.
