The following procedures shall apply to all applicants for approval
of a use by special exception in all zoning districts.
A.
Approval of uses by special exception. The Zoning Hearing Board shall
hear and decide requests for uses by special exception. The Zoning
Hearing Board shall not approve an application for a use by special
exception unless and until:
(1)
A written application for approval of a use by special exception
is submitted to the Zoning Officer or his/her designated representative.
The application shall indicate the section of this chapter under which
approval of the use by special exception is sought and shall state
the grounds upon which it is requested. The application shall include
the following:
(a)
A current property survey indicating all existing and proposed
structures and all proposed construction, additions or alterations
on the site in sufficient detail to determine the feasibility of the
proposed development and compliance with all applicable requirements
of this chapter.
(b)
A written statement showing compliance with the applicable express
standards and criteria of this article for the proposed use.
(c)
A traffic impact study, as defined herein, for any use that,
according to the latest edition of the Institute of Transportation
Engineers (ITE) Trip Generation Manual, will generate 75 or more additional
trips during the adjacent street's peak hours. If the proposed use
does not generate 75 or more additional trips, the application shall
include the calculation of peak hour trips for the proposed use as
a basis for waiving this requirement.
(2)
A public hearing pursuant to public notice is conducted by the Zoning Hearing Board within 60 days of submission of a complete and properly filed application, unless the applicant has agreed, in writing, to an extension of time. Said hearing shall be conducted in accordance with the procedures specified by § 220-134 of this chapter.
(3)
In considering an application for approval of a use by special exception, the Zoning Hearing Board may prescribe appropriate conditions and safeguards in conformity with the spirit and intent of this article. A violation of such conditions and safeguards, when made a part of the terms and conditions under which approval of a use by special exception is granted, shall be deemed a violation of this chapter and shall be subject to the enforcement provisions of § 220-141 of this chapter.
(4)
If land development approval is required for the use by special exception, the application for approval of a land development required by Chapter 191, Subdivision and Land Development, shall be submitted to the City Planning Commission following approval of the use by special exception by the Zoning Hearing Board.
B.
Expiration of approval of a use by special exception. Approval of
a use by special exception shall expire automatically without written
notice to the applicant, if no application for a land development
plan, a grading permit, a building permit or an occupancy permit to
undertake the construction or authorize the occupancy described in
the application for approval of the use by special exception is submitted
within 12 months of said approval, unless the Zoning Hearing Board,
in its sole discretion, extends approval of the use by special exception,
upon written request of the applicant, received prior to its expiration.
The maximum extension permitted shall be one twelve-month extension.
In addition to the specific standards and criteria listed for each use in § 220-90, below, all applications for uses by special exception listed in each zoning district shall demonstrate compliance with all of the following general standards and criteria:
A.
The use shall not endanger the public health, safety or welfare nor
deteriorate the environment, as a result of being located on the property
where it is proposed.
D.
Ingress, egress and traffic circulation on the property shall be
designed to ensure safety and access by emergency vehicles and to
minimize congestion and the impact on local streets.
E.
Outdoor lighting, if proposed, shall be designed with cutoff luminaires
that direct and cut off the light at a cutoff angle of 60° or
less. (See illustration in Appendix B.[1]) Spillover illumination shall not exceed 0.2 footcandle
at the property line.
[1]
Editor's Note: Appendix B is included at the end of this chapter.
F.
For all uses that are subject to the requirements of the Americans
with Disabilities Act (ADA), the applicant shall certify that all
applicable ADA requirements have been met in the design.
In addition to the general standards and criteria for all uses by special exception listed in § 220-89, above, an application for any of the following uses that are listed in any zoning district as a use by special exception shall comply with the applicable standards and criteria specified below for that use.
A.
Adult business, subject to:
(1)
Adult businesses, as defined by this chapter, shall not be permitted
in any zoning district other than the M-1 and M-2 Industrial Districts.
(2)
An adult business shall not be located within 1,000 feet of another
existing or proposed adult business.
(3)
An adult business shall not be located within 500 feet of any of
the following uses: a church; public or private elementary or secondary
school; public library; day-care center or preschool facility; public
park; any boundary of an R-1, R-2 or R-3 Zoning District; or any boundary
of the Historic District Overlay. The distance shall be measured in
a straight line from the nearest lot line of the lot containing the
building or structure that houses the adult business to the nearest
property line of the premises of any of the above listed uses.
(4)
Any adult business, that has viewing booths, as defined herein, shall
comply with the following:
(a)
At least one employee shall be on duty and shall be situated
in each manager's station at all times that any patron is present
inside the premises.
(b)
The interior of the premises shall be configured in such a manner
that there is an unobstructed view from the manager's station of every
area of the premises to which any patron is permitted access for any
purpose, excluding rest rooms. Rest rooms shall not contain video
reproduction or viewing equipment. If the premises has two or more
manager's stations designated, then the interior of the premises shall
be configured in such a manner that there is unobstructed view of
each area of the premises to which any person is permitted access
for any purpose from at least one of the manager's stations. The view
required by this subsection shall be by direct line of sight from
the manager's station.
(c)
It shall be the duty of the owners and operators and any agents
and employees present on the premises to ensure that the viewing area
remains unobstructed by any doors, walls, merchandise, display racks
or other materials at all times and to insure that no patron is permitted
access to any area of the premises that has been designated in the
application submitted to the City as an area in which patrons will
not be permitted.
(d)
No viewing booth shall be occupied by more than one person at
a time. No connections or openings to an adjoining viewing booth shall
be permitted.
(e)
The premises shall be equipped with overhead lighting fixtures
of sufficient intensity to illuminate every place in which patrons
are permitted access with illumination of not less than one footcandle
measured at the floor level. It shall be the duty of the owners and
operators and any agents and employees present on the premises to
ensure that the illumination is maintained at all times that any patron
is present on the premises.
(5)
If the adult business involves live performances, areas shall be
separated from the viewing area and the viewing area shall not be
accessible to the performers.
(6)
The owner and operator of any adult nightclub shall provide security
officers, licensed under the laws of the commonwealth, if the maximum
permitted occupancy exceeds 50 persons.
(7)
No stock-in-trade that depicts nudity or sexual conduct shall be
permitted to be viewed from the sidewalk, street or highway.
(8)
Business identification signs shall not include pictorial or graphic
representations of products or services available on the premises.
Messages shall be limited to verbal descriptions of products or services
available on the premises.
(9)
No other signs or other displays of products, entertainment or services
shall be permitted in any window or other area that is visible from
the street or sidewalk.
(10)
Windows shall not be covered or made opaque in any way.
(11)
Notice shall be given at the entrance stating the hours of operation
and restricting admittance to adults only. The term "adult" shall
have the meaning provided by applicable statutory law.
(12)
Owners and operators of adult businesses shall obtain a license
to operate from the City. In addition, such owners or operators shall
supply to the City such information regarding ownership and financing
of the proposed business as is required by the City's licensing application.
Applications for licensing shall be filed with the City Clerk.
(13)
The adult business shall be initially licensed upon compliance
with all requirements of this section and provisions of the required
licensing application. For each year thereafter that the adult business
intends to continue, the owner or operator shall seek a renewal of
the license. The application for renewal shall be submitted to the
City Clerk by November first of the year preceding the year for which
renewal is sought. The lack of license or failure to renew such license
in a timely manner shall be a violation of this chapter and shall
be grounds for denial or revocation of the certificate of occupancy
for the adult business.
B.
Apartment in combination with business, subject to:
(1)
Dwelling units shall be on the second floor or, above, when located
in the same building with an office or retail business.
(2)
Retail businesses shall be located on the street floor of the building.
Dwelling units shall not be located on the street floor.
(3)
Each dwelling unit shall have the minimum habitable floor area specified
below based on the number of bedrooms:
|
Number of Bedrooms
|
Minimum Habitable Floor Area
(square feet)
| |
|---|---|---|
|
Efficiency
|
150
| |
|
1
|
250
| |
|
2
|
350
| |
|
3 or more
|
350, plus 100 for each additional bedroom in excess of 2 bedrooms
|
(4)
Dwelling units in basements or accessory garages shall not be permitted.
(5)
Each dwelling unit shall have a separate entrance that does not require
passing through any area devoted to office or retail use.
C.
Assisted-living facility; independent living facility, subject to:
(1)
The minimum site required shall be two acres.
(2)
The maximum dwelling unit density shall be 24 units per acre.
(4)
In addition, an assisted-living facility may include one or more
of the following supporting uses, subject to approval by the City:
(a)
Postal station;
(b)
Banking facility;
(c)
Pharmacy and/or medical offices;
(d)
Personal services;
(e)
Laundromat; dry-cleaning pickup;
(f)
Ice cream parlor;
(g)
Florist or gift shop;
(h)
Elderly day-care center licensed by the commonwealth;
(i)
Taxi, van or similar transportation services for the residents.
D.
Bed-and-breakfast, subject to:
(1)
The operator of the bed-and-breakfast shall be a full-time resident
of the dwelling in which the bed-and-breakfast is located.
(2)
The lot shall have frontage on and direct vehicular access to an
arterial or collector street, as defined herein.
(3)
The minimum lot area required shall be 7,500 square feet.
(4)
No meals, other than breakfast, shall be served on the premises.
Food may be prepared on the premises for consumption off the premises
by overnight guests. Food shall not be served to any customers who
are not overnight guests.
(5)
One identification sign shall be permitted and such sign may either
be attached to the wall of the building or may be freestanding in
the front yard, provided the surface area of the sign shall not exceed
six square feet. The height of the freestanding sign shall not exceed
four feet and the freestanding sign shall be located at least five
feet from any property line.
(7)
In addition to the parking required for the dwelling, one parking
space shall be provided for each sleeping room offered to overnight
guests.
(8)
Off-street parking shall not be located in any required front or
side yard. Parking located in the rear yard shall be screened from
adjoining properties in an R-1, R-2 or R-3 District by a compact six-foot
high evergreen hedge.
E.
Buildings in excess of 75 feet in height, subject to:
(1)
In the C-1 District, the maximum building height may be increased to no more than 10 stories and no more than 125 feet, provided all of the requirements of this § 220-90E are met.
(2)
Any required side or rear yard adjoining an R-1, R-2 or R-3 District
shall be increased by one foot for each foot of building height in
excess of 45 feet which is proposed.
(3)
The applicant shall demonstrate, in writing, that design of the building
includes adequate fire-suppression and fire-protection systems appropriate
to its height and that City fire-fighting equipment is adequate to
service the building.
(4)
The applicant shall demonstrate that the proposed height increase
is compatible with adjacent buildings, preserves light and air for
adjacent buildings and is consistent with the architectural character
of its immediate surroundings.
F.
Bulk fueling facility, subject to:
(1)
The facility may be established as a principal use or as an accessory
use to an authorized principal use. If the facility is the principal
use on the lot, the minimum lot area required shall be five acres.
(3)
The storage, transportation, handling, use and disposal of hazardous
or potentially hazardous materials shall conform with all applicable
regulations and permit requirements of the United States Environmental
Protection Agency (EPA) and the Pennsylvania Department of Environmental
Protection (DEP).
(4)
Fuel storage facilities shall not be located within 500 feet of an
existing residential dwelling in any zoning district or within 500
feet of any property line adjoining property in an R-1, R-2 or R-3
District.
(5)
All property lines adjoining an existing residential dwelling or property in the R-1, R-2 or R-3 District shall be screened by the buffer area described in § 220-93A of this chapter.
(6)
An inventory of materials and quantities stored and an emergency
response plan shall be updated annually and submitted to the City
Fire Chief.
(7)
All operations shall comply with the provisions of the National Fire
Prevention Code.
G.
Car wash, subject to:
(1)
All automated washing facilities shall be in a completely enclosed
building, as defined by this chapter. All other car-washing facilities
shall be under a roofed structure that has at least two walls.
(2)
Drainage water from the washing operation shall be controlled so
that it does not flow or drain onto berms, streets or other property.
(3)
Standing spaces shall be provided in accordance with the requirements specified in § 220-97 for drive-through facilities.
(4)
The facility shall be connected to public water and public storm
sewers.
(5)
Driveway entrances shall be located at least 30 feet from the right-of-way
line of the intersection of any public streets.
H.
Communications tower, subject to:
(1)
The applicant shall demonstrate that it is licensed by the Federal
Communications Commission (FCC) to operate a communications tower.
(2)
Any applicant proposing a new freestanding communications tower shall
demonstrate that a good faith effort has been made to obtain permission
to mount the antenna on an existing building or other structure or
an existing communications tower. A good faith effort shall require
that all owners within a one-quarter-mile radius of the proposed site
be contacted and that one or more of the following reasons for not
selecting an alternative existing building or communications tower
or other structure apply:
(a)
The proposed equipment would exceed the structural capacity
of the existing building, communications tower or other structure
and reinforcement of the existing building, communications tower or
other structure cannot be accomplished at a reasonable cost.
(b)
The proposed equipment would cause RF (radio frequency) interference
with other existing or proposed equipment for that building, communications
tower or other structure and the interference cannot be prevented
at a reasonable cost.
(c)
Existing buildings, communications towers or other structures
do not have adequate space to accommodate the proposed equipment.
(d)
Addition of the proposed equipment would result in NIER (non-ionizing
electromagnetic radiation) levels that exceed any adopted local, federal
or state emission standards.
(3)
The applicant shall demonstrate that the proposed communications
tower and the electromagnetic fields associated with the antennas
proposed to be mounted thereon comply with safety standards now or
hereafter established by the Federal Communications Commission (FCC).
(4)
The applicant for the communications tower shall demonstrate compliance
with all applicable Federal Aviation Administration (FAA) and any
applicable airport zoning regulations.
(5)
In the M-1 and M-2 Districts, the maximum height of a communications
tower shall be 200 feet.
(6)
In the C-D District, the maximum height of a communications tower
shall be 100 feet.
(7)
The applicant shall demonstrate that the proposed height of the communications
tower is the minimum height necessary to function effectively.
(8)
The setback from all property lines (excluding lease lines) required
for the communications tower shall be 100% of the height of the tower.
(9)
Tower height shall be measured from the ground level at the base
of the communications tower to the top point of the tower or top point
of the highest communications antenna, whichever is greater.
(10)
Communications towers shall be set back from all overhead electrical
transmission or other aboveground lines a distance equal to the height
of the tower.
(11)
A communications tower shall not be located within 500 feet
of any property that is located in the Historic District Overlay.
(12)
The communications tower shall be designed and constructed to
all applicable standards of the American National Standards Institute,
ANSI/EIA-222-Manual, as amended.
(13)
The communications tower and all appurtenances, including guy
wires, if any, and the equipment cabinet or equipment building shall
be enclosed by a minimum ten-foot high chain link security fence with
locking gate.
(14)
The applicant shall submit evidence that the communications
tower and its method of installation has been designed by a registered
engineer and is certified by that registered engineer to be structurally
sound and able to withstand wind and other loads in accordance with
the Uniform Construction Code (UCC) and accepted engineering practice.
(15)
Equipment cabinets and equipment buildings shall comply with
the height and yard requirements of the zoning district for accessory
structures. Required setbacks for the accessory structures shall be
measured from the lease lines.
(16)
Access shall be provided to the communications tower and equipment
cabinet or equipment building by means of a public street or a right-of-way
to a public street. The right-of-way shall be a minimum of 20 feet
in width and shall be improved with a dust-free, all-weather surface
for its entire length.
(17)
Recording of a plat of subdivision shall be required for the
lease parcel on which the communications tower is proposed to be constructed.
(18)
Approval of a land development plan, prepared in accordance with the requirements of Chapter 191, Subdivision and Land Development, shall be required for all communications towers.
(19)
The owner of the communications tower shall be responsible for
maintaining the parcel on which the tower is located, as well as the
means of access to the tower, including clearing and cutting of vegetation,
snow removal and maintenance of the access driveway surface.
(20)
The owner of any communications tower that exceeds 50 feet in
height shall submit to the City proof of an annual inspection conducted
by a structural engineer at the owner's expense and an updated tower
maintenance program based on the results of the inspection. Any structural
faults shall be corrected immediately and reinspected and certified
to the City by a structural engineer at the owner's expense.
(21)
The owner of the communications tower shall notify the City immediately upon cessation or abandonment of the operation. The owner of the communications tower shall enter into an agreement with the City guaranteeing that the tower shall be dismantled and removed within six months of the cessation of operations, if there is no intention to continue operations, evidenced by the lack of an application to the City to install antennas on the existing tower. If the owner of the communications tower fails to remove the tower, then, the landowner shall be responsible for its immediate removal. Failure to remove an abandoned communications tower shall be subject to the enforcement provisions of § 220-141 of this chapter.
(22)
All tower structures shall be fitted with anti-climbing devices
as approved by the manufacturer for the type of installation proposed.
(23)
All antennas and tower structures shall be subject to all applicable
Federal Aviation Administration (FAA) and airport zoning regulations.
(24)
No sign or other structure shall be mounted on the tower structure,
except as may be required or approved by the FCC, FAA or other governmental
agency.
(25)
The exterior finish of the tower shall be compatible with the
immediate surroundings.
(26)
If the base of the tower is visible from adjoining streets or
properties in an R-1, R-2 or R-3 District, the base of the tower shall
be screened by landscaping suitable to the proposed location.
(27)
At least one off-street parking space shall be provided on the
site to facilitate periodic visits by maintenance workers.
(28)
No antenna or tower structure shall be illuminated, except as
may be required by the Federal Aviation Administration (FAA) or the
Federal Communications Commission (FCC).
I.
Comparable uses not specifically listed, subject to:
(1)
Uses of the same general character as any of the uses authorized
as permitted uses by right or uses by special exception in the zoning
district in which the property is located shall be allowed, if the
Zoning Hearing Board determines that the impact of the proposed use
on the environment and adjacent streets and properties is equal to
or less than any comparable use specifically listed in the zoning
district. In making such determination, the Zoning Hearing Board shall
consider the following characteristics of the proposed use:
(a)
The intensity of the use;
(b)
The type of dwellings, if any;
(c)
The number of employees;
(d)
The floor area of the building or gross area of the lot devoted
to the proposed use;
(e)
The type of products, materials and equipment and/or processes
involved in the proposed use;
(f)
The magnitude of walk-in trade;
(g)
Hours of operation;
(h)
The traffic and environmental impacts and the ability of the proposed use to comply with the performance standards of § 220-92 of this chapter; and
(i)
For those uses included in the most recent edition of the Standard
Industrial Classification Manual published by the Office of Management
and Budget, whether the proposed use shares the same SIC code or major
group number as one or more uses that are specifically listed in the
zoning district.
(2)
The proposed use shall comply with all applicable area and bulk regulations
of the zoning district in which it is located.
(3)
If the most nearly comparable use is a use by special exception in
the zoning district, the proposed use shall comply with the applicable
express standards and criteria specified in this article for that
most nearly comparable use.
(4)
The proposed use shall be consistent with the purpose statement for
the zoning district in which it is proposed and shall be consistent
with the community development objectives of this chapter.
J.
Conversion apartments, subject to:
(1)
Each dwelling unit shall contain a minimum of 400 square feet of
gross floor area.
(2)
Each dwelling unit shall have separate living, sleeping, kitchen
and sanitary facilities.
(3)
In the R-2 District, only one new dwelling unit shall be created
in a single-family dwelling. In the R-3 District, the maximum number
of new dwelling units created shall be four dwelling units.
(4)
Conversion of detached garages or other accessory structures to dwelling
units shall not be permitted.
(5)
Safe ingress and egress and adequate turnaround areas shall be provided
on the lot for circulation of automobiles owned by the residents.
(6)
In addition to the off-street parking spaces required for the existing
dwelling, one off-street parking space shall be provided for each
conversion apartment.
(7)
All units shall comply with all applicable requirements of the Uniform
Construction Code (UCC) for the proposed occupancy.
K.
Day-care center or preschool facility in a church or school, subject
to:
(1)
The facility shall be registered with or licensed by the Commonwealth
of Pennsylvania.
(2)
In the R-1, R-2 and R-3 Zoning Districts, the facility shall be permitted
to be located only in a church or school.
(3)
Outdoor play areas shall be provided which shall have a minimum area
of 65 square feet per child and which shall be secured by a fence
with self-latching gate. The location of the outdoor play area shall
take into account the relationship of the play area to adjoining properties.
(4)
Outdoor play areas that adjoin residential lots shall be screened by the buffer area described in § 220-93A of this chapter.
(5)
The general safety of the property proposed for a day-care center
or preschool facility shall meet the needs of small children. There
shall be no potential hazards in the outdoor play area and a safe
area for dropping off and picking up children shall be provided.
L.
Family day-care home, subject to:
(2)
Evidence shall be submitted that all applicable requirements of the
Pennsylvania Department of Public Welfare have been met and continuing
compliance shall be maintained.
(3)
A safe area shall be provided for dropping off and picking up children.
(4)
An adequate outdoor play area shall be provided and shall be secured
by a fence with self-latching gate. Such play area shall be screened
from adjoining dwellings on properties by a minimum four-foot high
compact, dense evergreen hedge or opaque fence.
(5)
Outdoor play areas shall have a minimum area of 400 square feet.
M.
Garden apartments or townhouses in the R-3 District, subject to:
(1)
The minimum site required to construct garden apartments or townhouses
shall be 10,000 square feet.
(2)
The maximum dwelling unit density shall be 12 units per acre.
(3)
All applicable area and bulk regulations of the R-3 District for
the proposed dwellings shall apply.
(4)
All parking areas adjacent to property containing a single-family dwelling shall be screened by the buffer area described in § 220-93A.
(5)
All portions of the property not covered by buildings, driveways,
parking and recreation facilities shall be suitably landscaped with
grass, ground cover and decorative shrubs or trees.
(6)
The design and orientation of the buildings on the property shall
take into account compatibility with and visual impact on adjacent
properties located in the R-1, R-2 and R-3 Districts.
(7)
On lots containing more than 48 dwelling units, indoor or outdoor
recreational facilities appropriate to the needs of the residents
shall be provided.
N.
Group-care facility, personal-care boarding home or transitional
dwelling, subject to:
(1)
In the R-3 District, the minimum area and bulk regulations for a
group-care facility, personal-care boarding home or transitional dwelling
housing no more than eight residents shall be the same as the requirements
for a single-family dwelling in the R-3 District.
(2)
In the R-3 District, the minimum lot area required for a group-care
facility, personal-care boarding home or transitional dwelling housing
more than eight, but fewer than 15 residents shall be 10,000 square
feet. The minimum lot area required to house 15 or more residents
shall be 20,000 square feet.
(3)
No group-care facility, personal-care boarding home or transitional
dwelling shall be located within 500 feet of another existing or proposed
group-care facility, personal-care boarding home or transitional dwelling
in any zoning district measured between the nearest property lines
of each use.
(4)
In the R-3 District, adequate open space opportunities for recreation
shall be provided on the lot for the residents consistent with their
needs and the area shall be secured by a fence with self-latching
gate.
(5)
In the C-1 and C-2 Districts, there shall be no minimum lot area
requirement for a group-care facility, personal-care boarding home
or transitional dwelling.
(6)
Adequate provisions shall be made for access for emergency medical
and fire-fighting vehicles.
(7)
Twenty-four-hour supervision shall be provided by staff qualified
by the sponsoring agency.
(8)
The buffer area described in § 220-93A of this chapter shall be provided along property lines that adjoin property in an R-1, R-2 or R-3 District.
(9)
Where applicable, licensing or certification by the sponsoring agency
shall be prerequisite to obtaining a certificate of occupancy and
a copy of the annual report with evidence of continuing certification
shall be submitted to the Zoning Officer in January of each year.
O.
Heavy manufacturing, subject to:
(1)
The minimum site required shall be one acre.
(2)
All activities shall comply with the performance standards specified in § 220-92 of this chapter.
(3)
All materials, equipment and processes shall be contained within
a completely enclosed building, as defined herein, and windows and
doors shall remain closed during manufacturing processes.
(4)
Adequate public utilities shall be available to meet the demands
of the proposed manufacturing processes.
(5)
Adjacent public streets shall be adequate to accommodate traffic
volumes and weight limits associated with truck traffic to and from
the site.
(6)
The storage, handling, transportation and disposal of hazardous or
potentially hazardous materials shall be in accordance with all applicable
permits and requirements of the Pennsylvania Department of Environmental
Protection (PA DEP) and the U.S. Environmental Protection Agency (EPA).
P.
Home occupation, subject to:
(1)
The home occupation shall be carried on by a member of the family
residing in the dwelling unit. No more than one person who is not
a resident of the dwelling unit shall be employed in the dwelling
unit.
(2)
No more than 25% of the gross floor area of the principal dwelling
shall be devoted to the conduct of the home occupation.
(3)
The home occupation shall be carried on wholly within the principal
dwelling. The home occupation shall not be conducted in any accessory
structure.
(4)
A limited number of samples of handcrafted articles produced on the
premises may be displayed for the purposes of accepting orders. Articles
produced on the premises shall be displayed in quantity only off the
premises at a retail outlet, consignment shop or product or craft
show.
(5)
There shall be no display or sale on the premises of merchandise
that has been produced off the premises; however, merchandise such
as Amway, Tupperware or similar products may be stored on the premises
for delivery off the premises to customers or salespersons at their
residence or place of business. In addition, small amounts of products
may be sold as an accessory use to an authorized principal use, such
as sale of beauty products accessory to a beauty shop and similar
situations.
(6)
There shall be no exterior displays or signs, either on or off the
premises, other than a small identification sign no more than three
square feet in surface area containing only the name of the resident
and the nature of the home occupation. The sign may be attached to
the wall of the dwelling or may be freestanding in the front yard,
provided the freestanding sign is at least three feet from any property
line.
(7)
The use shall not require internal or external alterations or construction
features that are not customary to a dwelling or that change the fire
rating of the structure.
(8)
Objectionable noise, vibration, smoke, dust, electrical disturbance, odors, heat or glare shall not be produced. The use shall comply with the performance standards of § 220-92 of this chapter.
(9)
The use shall not significantly intensify vehicular or pedestrian
traffic beyond that which is normal for the residences in the neighborhood.
(10)
There shall be no use of materials or equipment except that
of similar power and type normally used in a residential dwelling
for domestic or household purposes.
(11)
The use shall not cause an increase in the use of water, sewage,
electricity, garbage, public safety or any other municipal services
beyond that which is normal for the residences in the neighborhood.
(12)
The home occupation shall not involve the use of commercial
vehicles for regular delivery of materials to or from the premises
and commercial vehicles shall not be parked on the premises.
(13)
Materials or equipment used in the home occupation shall not
be stored outside a completely enclosed building.
(14)
Any home occupation where customers, clients or students routinely visit the premises shall provide a paved off-street parking area in accordance with the requirements of Article XV for the specific use in addition to the parking spaces required for the dwelling unit.
(15)
The following are examples of permitted home occupations, provided
all of the foregoing criteria are met:
(a)
Artist, photographer or handicrafts studio;
(b)
Beauty or barber shop containing no more than two chairs;
(c)
Catering off the premises;
(d)
Contracting business, as defined herein, excluding landscaping
contractor;
(e)
Computer programmer, data processor, writer;
(f)
Consultant, clergy, counselor, bookkeeping, graphics or drafting
services;
(g)
Dressmaker, tailor;
(h)
Professional offices that involve routine visitation by customers
or clients;
(i)
Housekeeping or custodial services;
(j)
Interior designer;
(k)
Jewelry and/or watch repair, not including wholesale or retail
sales;
(l)
Locksmith;
(m)
Mail-order business;
(n)
Manufacturer's representative;
(o)
Telemarketing;
(p)
Travel agent;
(q)
Tutoring or any other instruction to no more than five students
at any one time;
(r)
Word processing, typing, secretarial services.
(16)
The following uses shall not be considered home occupations
and shall be restricted to the zoning districts in which they are
specifically authorized as permitted uses or uses by special exception,
including, but not limited to:
(a)
Beauty shops or barber shops containing more than two chairs;
(b)
Inn;
[Amended 3-26-2019 by Ord. No. 3231.2]
(c)
Contractor's yard;
(d)
Funeral homes;
(e)
Group-care facility, personal-care boarding home or transitional
dwelling;
(f)
Kennels;
(g)
Landscaping contractor;
(h)
Medical clinics, hospitals or nursing homes;
(i)
Private clubs;
(j)
Restaurants or tea rooms;
(k)
Retail or wholesale sales; flea markets;
(l)
Sale of guns, firearms and ammunition;
(m)
Tanning or massage salon;
(n)
Tutoring or any other instruction to more than five students
at a time;
(o)
Vehicle or equipment rental, repair or sales;
(p)
Vehicle repair garages;
(q)
Veterinary clinic.
Q.
Infill housing, subject to:
(1)
The following dwelling unit types may be constructed on lots proposed for infill housing, subject to the requirements of this § 220-90Q: single-family dwellings, two-family dwellings or townhouses containing no more than four dwelling units in a building.
(2)
If a vacant lot proposed for infill housing is in separate ownership
from adjacent lots, but does not meet the minimum lot area or lot
width requirements of the district for construction of a single-family
dwelling or two-family dwelling, a single-family dwelling or two-family
dwelling may be constructed on the lot without a variance, provided
at least 75% of the minimum front, side and rear yard setbacks required
in the district can be met.
(3)
If two or more contiguous lots under single ownership are proposed
for infill housing, but do not meet the minimum lot area and lot width
requirements of the district for construction of a single-family or
two-family dwelling, the lots shall be consolidated or resubdivided
into one or more lots that more closely conform to the minimum lot
area and lot width required for construction of a single-family dwelling
or two-family dwelling in the district in which they are located.
(4)
If, after consolidation or resubdivision, the minimum lot area and/or
lot width requirements of the district for construction of a single-family
or two-family dwelling still cannot be met by one or more of the consolidated
or resubdivided lots, a single-family or two-family dwelling may be
constructed on the lot or lots without variances, provided the minimum
lot areas and lot widths are at least 75% of the lot area and/or lot
width required for the construction of a single-family dwelling or
two-family dwelling in the district and at least 75% of the minimum
front, side and rear yard setbacks required in the district can be
met.
(5)
The minimum lot area required to construct townhouses as infill housing
shall be 10,000 square feet. This minimum lot area may be reduced
to no less than 7,500 square feet, provided 75% of the front, side
and rear yard setbacks required in the district for dwellings can
be met.
(7)
In the case of corner lots, the requirement to provide 75% of the minimum required side yard shall apply to the side yard modification authorized by § 220-94A.
(8)
The design of the dwelling units shall be compatible with the height,
architectural style and building materials of existing dwellings in
the same block on the same side of the street.
R.
Junkyard; salvage yard, subject to:
(1)
The minimum site required shall be 10 acres.
(2)
The premises shall be maintained so as to not constitute a nuisance
or menace to public health and safety.
(3)
No garbage, hazardous materials or hazardous waste, as defined by
federal statute, or other organic waste shall be stored on the premises.
(4)
The handling and disposal of motor oil, battery acid and other substances regulated by federal statute and the Pennsylvania Department of Environmental Protection (PA DEP) shall be in accordance with all permits and requirements of that agency. Any suspension, revocation or violation of the PA DEP permits shall be a violation of this chapter and shall be subject to the enforcement provisions of § 220-141 of this chapter.
(5)
The manner of storage of junk or other materials or equipment on
the site shall facilitate access for firefighting, shall prevent hazards
from fire or explosion and shall prevent the accumulation of stagnant
water.
(7)
No junk shall be stored or accumulated and no structure shall be
located within 300 feet of any dwelling or within 100 feet of any
property line or public street right-of-way.
(8)
The premises shall be enclosed by a metal chain link fence not less than eight feet in height supported on steel posts with a self-latching gate. The fence shall be located on the inside of the buffer area, if required by Subsection R(10), below, and shall be maintained in good condition.
(9)
The fence shall be supplemented with screening material that creates
a visual barrier that is at least 80% opaque.
(10)
The buffer area described in § 220-93A of this chapter shall be provided along all property lines adjoining property in any C-D, R-1, R-2 or R-3 District.
(11)
The site shall be designed utilizing natural topography and/or
constructed earthen mounds so as to obstruct visibility from adjacent
public streets and properties.
(12)
The operator shall submit a stormwater management plan to control
runoff for review and approval by the City Engineer.
(13)
The operator shall obtain a license from the City prior to initiating
operations that shall be renewable annually upon payment of the required
license fee established from time to time by resolution of City Council
and subject to inspection by the Zoning Officer to determine continuing
compliance with these standards.
S.
Neighborhood resident parking lot, subject to:
(1)
The maximum number of parking spaces in any neighborhood resident
parking lot shall be 16 spaces.
(2)
The neighborhood resident parking lot shall serve residents within
a six-hundred-foot radius of the parking lot.
(3)
The neighborhood resident parking lot shall be posted with signs
that restrict parking to neighborhood residents and their invited
guests.
(4)
Lighting shall be restricted to low level pedestrian walkway lighting
and bollard lighting in the parking area.
T.
Nonprofit service organization, subject to:
(1)
The minimum lot area required by the zoning district shall apply
to the conversion of any existing structure to use by a nonprofit
service organization.
(2)
The minimum site required for construction of a new building to house
a nonprofit service organization shall be 10,000 square feet.
(3)
The site shall have frontage on and direct vehicular access to an
arterial or collector street, as defined by this chapter.
(4)
The buffer area described in § 220-93A of this chapter shall be provided along all property lines adjoining property in an R-1, R-2 or R-3 District.
(5)
Exterior lighting shall not be permitted, except for shielded, building-mounted
security lighting, low-level pedestrian walkway lighting and bollard
lighting in parking lots.
U.
Nursing home, subject to:
(1)
The minimum lot area required for a nursing home shall be 20,000
square feet.
(2)
The property shall be served by public water and public sewers.
(3)
Water pressure and volume shall be adequate for fire protection.
(4)
All nursing homes shall be licensed by the commonwealth and the license
shall be maintained throughout the occupancy. Failure to maintain
the license shall be grounds for revocation of the certificate of
occupancy.
(5)
Ingress, egress and internal traffic circulation shall be designed
to ensure access by emergency vehicles.
(6)
The parking and circulation plan shall be referred to the City Police
Department and volunteer fire company for comments regarding traffic
safety and emergency access.
(7)
Nursing homes shall have a bed capacity of at least 20 beds, but
not more than 200 beds.
(8)
All property lines adjoining property in an R-1, R-2 or R-3 District shall be screened by the buffer area described in § 220-93A of this chapter.
(9)
Disposal of medical waste shall be in accordance with all applicable
permits and handling requirements of the Pennsylvania Department of
Environmental Protection (PA DEP) and the U.S. Environmental Protection
Agency (EPA).
V.
Off-site parking, subject to:
(1)
The applicant shall demonstrate that all, or part, of the parking
required for a proposed use or the expansion of an existing use cannot
be met on the site of the use it is intended to serve.
(2)
Off-site parking shall be located within 600 feet of the use it is
intended to serve.
(3)
If metered on-street parking spaces are located within 600 feet of
the existing or proposed use, these on-street spaces may be used to
satisfy 20% of the total number of off-site parking spaces required.
(4)
Evidence shall be provided that the owner of the site where the use
is located has ownership and control of the site proposed for off-site
parking or has executed a long-term lease or other acceptable legal
agreement to guarantee the maintenance and continued use of the off-site
parking. Any covenant executed to guarantee the maintenance of off-site
parking shall be recorded in the office of the McKean County Recorder
of Deeds.
(5)
In the event that off-site parking is proposed in a City of Bradford parking lot, an agreement with the City shall be presented that indicates the number of spaces, the terms of the lease and a guarantee of annual renewal. Failure to maintain the agreement or provide alternate off-site spaces shall be a violation of this chapter and shall be subject to the enforcement provisions of § 220-141 of this chapter.
(6)
If there is any on-site parking available for the use, it shall be
reserved for customers and visitors. Employee parking shall be located
in the off-site parking area and shall not be permitted on-site.
(7)
The applicant shall demonstrate that safe pedestrian access exists
between the off-site parking area and the use it is intended to serve.
(8)
If the site on which the principal use is located is sold, the site
utilized for off-site parking accessory to that principal use shall
be conveyed to the new owner. If the off-site parking is not owned
by the owner of the principal use, any lease or other legal agreement
for the off-site parking shall be assigned to the new owner of the
principal use.
W.
Planned shopping center, subject to:
(1)
The minimum site required shall be one acre.
(2)
Only uses permitted by right or authorized as uses by special exception
in the district in which the shopping center is located shall be permitted
in the shopping center.
(3)
The buffer area described in § 220-93A of this chapter shall be provided along all property lines that adjoin property in a C-D, R-1, R-2 or R-3 District.
(4)
Sidewalks shall be installed in front of all stores and along the
frontage of the property, if a sidewalk does not currently exist.
(5)
The site plan shall be designed to minimize points of access to the
public street. Shared driveways shall be utilized where feasible and
cross-easements shall be dedicated for shared access, where necessary.
(6)
The site shall be planned as an integrated development. Uniform signage
and landscaping and common parking and loading areas shall be proposed
to promote efficiency and preserve a common architectural design theme.
Where necessary, cross-easements shall be recorded to allow for shared
parking.
(7)
Site lighting, if proposed, shall be designed with cutoff luminaires
with a maximum cutoff angle of 60°. (See illustration in Appendix
B.[1]) The maximum illumination at any property line adjoining
property in an R-1, R-2 or R-3 District shall be 0.2 footcandle.
[1]
Editor's Note: Appendix B is included at the end of this chapter.
X.
Public buildings, subject to:
(1)
The minimum lot area required shall be 20,000 square feet.
(2)
Ingress and egress to and from the site shall be designed to maximize
sight distance along the adjacent public streets and enhance safety
for vehicles entering and exiting the property.
(3)
City maintenance facilities and public safety buildings shall be
located so that vehicles and equipment can be maneuvered on the property
without interrupting traffic flow or blocking public streets.
(4)
All buildings intended for public occupancy shall be designed to
provide convenient access for emergency vehicles, as well as access
to all sides of the building for fire-fighting equipment.
(5)
All outside storage, including trash dumpsters, shall be completely
enclosed by a six-foot high dense evergreen hedge or solid fence.
Y.
Public and semipublic swimming pools, subject to:
(1)
Public and semipublic swimming pools shall include any noncommercial
swimming pool operated by a public or semipublic agency, including
community clubs and homeowners' associations.
(2)
Public pools shall be open to the general public and semipublic pools
shall be limited to use by members and their invited guests.
(3)
All public and semipublic pools shall have permanent vehicular access
to a public street.
(4)
The construction of all such pools shall comply with all applicable
state requirements.
Z.
Public utility building or structure, subject to:
(1)
The minimum lot area required for buildings intended for human occupancy
or storage of equipment shall be 10,000 square feet. There shall be
no minimum lot area required for all other structures.
(2)
Maintenance vehicles shall be stored within a completely enclosed
building, as defined herein.
(3)
Outdoor storage of materials or equipment, other than maintenance
vehicles, shall be permitted only if the storage area is completely
enclosed by a minimum eight-foot high fence with locking gate and
is screened by one-hundred-percent-opaque screening material placed
in the fencing or by a six-foot high dense, compact evergreen hedge.
(4)
Any area of the building that is used for business offices shall comply with the parking requirements of Article XV of this chapter for that use. Any area of the building that is used for storage of material, vehicles or other equipment shall provide one parking space for each 1,500 square feet of gross floor area devoted to that use.
AA.
Student housing, subject to:
(1)
The minimum lot area required in the R-3 and C-2 Districts shall
be 10,000 square feet. There shall be no minimum lot area required
in the C-1 District.
(2)
The following minimum floor areas shall be provided for each
dwelling unit based on the number of students to be housed in each
dwelling unit:
|
Number of Students
|
Minimum Habitable Floor Area
(as defined herein)
(square feet)
| |
|---|---|---|
|
1 to 2
|
250
| |
|
3
|
350
| |
|
4 to 6
|
650
| |
|
6
|
650, plus 100 for each additional 2 students
|
(4)
Each dwelling unit shall have common areas for cooking, eating
and leisure activities. The maximum number of students sharing a single
common area for cooking, eating and leisure activities shall be 16.
(5)
Off-street parking shall be provided in accordance with the requirements of § 220-114C. If off-street parking cannot be provided on the site of the student housing, all or part of the required parking may be provided in a neighborhood resident parking lot and/or a public parking lot, provided the parking lot is located within 600 feet of the lot containing the student housing and further provided that evidence of a lease agreement for the spaces in the parking lot is presented to the City and that the lease agreement is maintained as a condition for occupancy of the student housing units.
BB.
Temporary uses or structures other than construction trailers, model
homes or sales offices, subject to:
(1)
Temporary uses such as festivals or fairs or other similar activities sponsored by a local nonprofit, community or charitable organization shall be exempt from obtaining approval from the Zoning Hearing Board, provided the Zoning Officer determines compliance with the standards of this § 220-90BB as a condition of issuing a certificate of occupancy.
(2)
Sidewalk sales, carload sales and other special promotions conducted on the site of an existing retail establishment with the permission of the landowner for a period not exceeding 72 hours shall not be subject to the provisions of this § 220-90BB. Any such activity exceeding 72 hours in duration shall be subject to approval under this § 220-90BB.
(3)
A peddler and transient merchant license, required by Chapter 156 of the City Code, shall be obtained, if applicable.
(4)
The proposed temporary use or structure shall be limited to
those uses or structures authorized in the zoning district where it
is proposed.
(5)
Approval for temporary uses or structures shall be granted for
a specific time period not to exceed six months. If the Zoning Hearing
Board determines that there will be a continued need for the temporary
use or structure on an annual basis, the Board may authorize annual
renewal of the permit for the temporary use or structure by the Zoning
Officer, provided all conditions of the original approval are maintained.
(6)
All temporary uses or structures shall be removed within 10
days of the expiration of the specific period for which the structure
or use is approved.
(7)
All temporary uses or structures that are proposed to be accessible to the public shall provide parking in accordance with the requirements of Article XV for the proposed use.
(8)
Vehicular access for all temporary uses or structures that are
proposed to be accessible to the public shall be designed to minimize
congestion on the site and not impede the free flow of traffic for
any other permanent use or structure on the site.
(9)
All temporary uses or structures proposed to be used as principal
uses or structures shall comply with all applicable area and bulk
regulations for principal structures in the zoning district in which
they are located. All temporary uses or structures that are proposed
to be used as accessory uses or structures shall comply with the requirements
of the zoning district for accessory structures.
(10)
Temporary uses or structures that are proposed as principal
uses or structures and that are accessible to the public shall provide
sanitary facilities, unless such facilities already exist on the site.
CC.
Two-family dwellings, subject to:
(1)
The minimum site required to develop two-family dwellings shall
be 10,000 square feet.
(2)
The minimum lot area required per dwelling unit shall be 5,000
square feet.
(3)
If the property is proposed to be subdivided for fee simple
ownership of each dwelling unit, the units may be divided along the
common walls without a variance for the side yard required in the
R-2 District, provided the minimum lot area of 5,000 square feet per
dwelling unit is provided and all other applicable area and bulk regulations
are met for each lot.
DD.
Wind energy system, personal, subject to:
(1)
The minimum lot area required to install a personal wind energy
system shall be one acre.
(2)
The maximum height of a personal wind energy system shall be
60 feet.
(3)
Only one personal wind energy system shall be permitted on a
lot.
(4)
The personal wind energy system shall be accessory to an existing
principal structure on the lot.
(5)
The applicant shall provide evidence that the proposed height
of the personal wind energy system does not exceed the height recommended
by the manufacturer or distributor of the system.
(6)
The applicant shall comply with all applicable regulations of
the Pennsylvania Public Utility Commission (PUC) governing generation
of electricity for private use and shall provide evidence with the
application that they have notified the applicable utility company
of their intent to install a personal wind energy system.
(7)
The personal wind energy system generators and alternators shall
be constructed so as to prevent the emission of radio and television
signals. The applicant shall correct any signal disturbance problem
identified after initiation of the operation within 90 days of identification.
(8)
The minimum distance between the ground and any protruding blades
utilized on a personal wind energy system shall be 25 feet measured
at the lowest point of the arc of the blades.
(9)
The lowest point of the arc of the blades utilized on a personal
wind energy system shall be 25 feet above the height of any structure
located within 150 feet of the base of the personal wind energy system.
(10)
The supporting tower or the lot on which it is located shall
be enclosed by a six-foot high fence, unless the tower is fitted with
anti-climbing devices for a distance of 12 feet above the ground.
(11)
The applicant shall submit evidence from the manufacturer regarding
the structural integrity of the tower, base and footings and the installation's
ability to withstand expected wind loads.
(12)
The personal wind energy system shall be set back from all property
lines, public street rights-of-way and aboveground utility lines a
distance equal to 110% of the height of the wind energy system, as
defined herein.
(13)
Personal wind energy systems shall comply with all applicable
requirements of the Federal Aviation Administration (FAA).
(14)
Personal wind energy systems shall not be artificially lighted
unless required by the Federal Aviation Administration (FAA).
(15)
No tower shall have any sign, writing or picture that may be
construed as advertising.
(16)
Standard installation drawings shall be submitted showing the
wind turbine structure, including the tower, the base and the footings.
An engineering analysis of the tower showing compliance with the Uniform
Construction Code (UCC) and certified by a licensed professional engineer
shall be provided. This analysis may be provided by the manufacturer.
(17)
The application shall be accompanied by a line drawing of the
electrical components in sufficient detail to determine compliance
with the National Electrical Code. This information may be supplied
by the manufacturer.
(18)
Appropriate warning signage regarding electrical or other hazards
shall be placed on the wind turbine towers and electrical equipment.
(19)
All wiring shall be underground.
(20)
All wind turbines shall have an automatic braking, governing
or feathering system to prevent uncontrolled rotation, over-speeding
or excessive pressure on the tower structure, rotor blades and turbine
components.
(21)
Personal wind energy systems shall have a nonreflective, painted
steel finish in a neutral color to reduce the visual impact.
(22)
Personal wind energy systems shall not produce noise in excess
of 60 dBA, for any period of time, as measured from the property line
closest to the personal wind energy system, except during short-term
emergencies such as utility outages and/or severe windstorms.
