The requirements of this article shall apply to the specified
uses in any zoning district where such use is authorized under Article
3 of this chapter.
The following uses shall meet the following additional requirements,
in addition to all other applicable requirements. Where this article
and another provision of this chapter apply to the exact same matter,
the provision that is most restrictive upon development or use shall
apply.
A. Adult-oriented establishments.
(1)
An adult business shall not be located within 1,000 feet of
a church; public or private pre-elementary, elementary or secondary
school; public library; day-care center or nursery school; or public
park adjacent to any residential district measured in a straight line
from the nearest portion of the building or structure containing the
adult business to the nearest property line of the premises of any
of the above-listed uses.
(2)
An adult business shall not be located within 1,000 feet of
any other adult business measured in a straight line from the closest
exterior wall of the building or structure in which each adult business
is located.
(3)
No more than one adult business shall be located in the same
building, structure or portion thereof, nor shall any adult business
increase its floor area into any building, structure or portion thereof
containing another adult business.
(4)
An adult business lawfully operating as a conforming use shall
not be rendered a nonconforming use by the location, subsequent to
the grant or renewal of the adult business permit of a church, public
or private pre-elementary, elementary or secondary school, public
library, day-care center or preschool facility or public park within
1,000 feet. This provision applies only to the renewal of a valid
permit and shall not apply when an application for a permit is submitted
after a permit has expired or has been revoked.
(5)
The design of the interior of the premises and the operation
of the facility shall comply with all applicable provisions of the
Borough's adult business licensing regulations.
(6)
Liquor or intoxicating beverages shall not be sold on the premises
for which the permit is sought.
B. Animal day care.
(1)
At the time of permit application, applicants shall submit written
operating procedures, such as those required and under the provisions
of the Pennsylvania Dog Law. Such procedures shall be followed for the life of the
business and shall prevent animal behavior that impacts surrounding
uses, including excessive barking.
(2)
The applicant shall furnish evidence of effective means of animal
waste collection and disposal which shall be continuously implemented.
(3)
Any exterior fenced area wherein animals exercise or are otherwise
exposed must be located a minimum of 100 feet from any principal structure
on adjacent lots, and all outdoor exercise areas shall be located
at least 20 feet from any property line.
(4)
The perimeter of the exterior exercise area must be fenced with
a weatherproof material, a minimum of five feet in height, accessible
only through a self-latching gate.
(5)
Animals shall be permitted to exercise within outdoor exercise
areas daily between the hours of 8:00 a.m. and 8:00 p.m.
(6)
When a notice of violation is issued for animal noise, the Borough
may require measures, including, but not limited to development or
modification of operating procedures; cessation of the use of outdoor
area(s); closure of windows and doors; reduction in hours of operation;
and use of sound-attenuating construction or building materials, such
as insulation and noise baffles. The Borough may order the animal
day care operation to be closed on a temporary or permanent basis.
C. Animal hospital, shelter or veterinary clinic.
(1)
All activities shall take place within a completely enclosed
structure.
(2)
All structures shall be completely soundproofed and air conditioned.
(3)
No outdoor play areas or runs shall be permitted.
D. Apartments.
(1)
One bedroom dwelling unit shall have a minimum of 700 square
feet of habitable floor area and all additional dwelling units shall
have minimum habitable floor areas according to the following standards:
(a)
Two-bedroom: 900 square feet.
(b)
Three-bedroom: 1,200 square feet.
(2)
Each dwelling unit shall contain within the unit a complete
kitchen, toilet and bathing facilities.
(3)
For existing buildings being converted to apartments, this use
shall not be permitted unless the property owner provides the entire
building for inspection by Borough codes enforcement officials to
inspect the entire building for compliance with Borough codes, prior
to issuance of a zoning permit.
(4)
The yard, building area, and other applicable requirements for
the district shall not be reduced. For existing buildings, the same
minimum lot area per dwelling unit shall be met as if the building
would be newly constructed with the proposed number of dwelling units.
(5)
For existing buildings being converted to apartments, such conversion
shall be authorized only for a large preexisting detached or semidetached
building. If the building is currently a one family dwelling, it shall
not be converted to two or more dwelling units unless the building
included more than 3,000 square feet of habitable floor area prior
to the enactment of this chapter.
(6)
Plans showing the proposed arrangement of the interior of the
building and provisions for off-street parking space, including the
proposed entrance and exit to such parking spaces, shall be provided.
(7)
Two off street parking space shall be provided for every unit.
E. Auto, boat or mobile/manufactured home sales and rental.
(1)
No vehicle, boat or home on display shall occupy any part of
the street right-of-way or required customer parking area.
(2)
Any mobile/manufactured homes on a sales site shall meet the
required principal building setbacks.
(3)
Buffer Area "C," as defined by §
170-503A of this chapter, shall be provided to screen the outdoor storage of vehicles, boats and/or homes from public view.
F. Auto body/repair shops and service stations.
(1)
All paint work shall be performed within a building, with a
fume collection and ventilation system that directs fumes away from
any adjacent dwellings. Outdoor major repairs (such as body work and
grinding) and outdoor welding shall not occur within 200 feet of a
lot line of a principal dwelling.
(2)
Buffer Area "C," as defined by §
170-503A of this chapter, shall be provided to screen the outdoor storage of vehicles from public view.
(3)
Any junk vehicle shall not be stored for more than 30 days within
view of a public street or a dwelling, unless it is actively under
repair.
(4)
Service bay doors shall not face directly towards an abutting
dwelling (not including a dwelling separated from the garage by a
street) if another reasonable alternative exits.
(5)
A new use shall have sufficient off-street parking for customer
vehicles.
G. Bed-and-breakfast inn.
(1)
The minimum lot area required shall be 10,000 square feet.
(2)
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.
(3)
No exterior structural alteration of the building shall be made
except as may be necessary for purposes of sanitation, handicapped
accessibility, historic rehabilitation or safety.
(4)
The bed-and-breakfast must meet all Borough requirements for
health, fire, and building safety.
(5)
The maximum uninterrupted length of stay shall be 14 days.
(6)
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 square feet and the freestanding sign is 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 residential properties by a compact six-foot evergreen hedge.
H. Billboards. All billboards shall be subject to the regulations contained in Article
8 of this chapter.
I. Boardinghouse (includes rooming house).
(1)
The minimum lot size shall be 10,000 square feet.
(2)
The minimum side yard shall be 10 feet.
(3)
Occupancy shall not exceed two persons per sleeping room.
(4)
No more than three sleeping rooms may share one bathroom facility.
(5)
One additional off-street parking space shall be required for
each sleeping room.
(6)
Rooms shall be rented for a minimum period of five consecutive
days.
J. Car wash.
(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 which has at least two walls.
(2)
Traffic flow and ingress-egress shall not cause traffic hazards
on adjacent streets. On-lot traffic circulation channels and parking
areas shall be clearly marked.
(3)
Adequate provisions shall be made for the proper and convenient
disposal of refuse. The applicant shall provide evidence that adequate
measures will be in place to prevent pollutants from being washed
into the groundwater or waterways. Any chemicals or polluted runoff
that may be hazardous to aquatic life shall be stored within an area
that will completely contain any leaks, spills or polluted runoff.
(4)
Water from the car wash operation shall not flow onto sidewalks
or streets in such a manner as could cause ice hazards.
(5)
Any car wash which also dispenses gasoline shall meet all applicable requirements of §
170-603S governing gas stations.
K. Cemetery.
(1)
Minimum lot area: five acres. Any building or area used for
storage of equipment shall be set back a minimum of 50 feet from any
lot in a residential district.
(2)
A plan shall be submitted which, in general, shall conform to
all the requirements of a subdivision plan, except that individual
lots need not be shown. No plan shall be acceptable which does not
provide for the continuation of existing streets or of streets already
projected or shown on a part of a Comprehensive Plan for all or a
portion of the Borough, unless a study by the Borough Planning Commission
shows that certain streets may be modified or eliminated. Land for
required streets shall be dedicated by such plan.
(3)
No grave sites shall be placed within 20 feet of any lot line
or within 20 feet of a street right-of-way or an interior driveway
through the cemetery.
(4)
The applicant shall submit draft legal provisions for review
by the Borough Solicitor to show that an acceptable system will be
in place to assure the long-term maintenance of the cemetery.
L. Communications tower.
(1)
The applicant shall demonstrate that it is licensed by the Federal
Communications Commission (FCC) to operate a commercial communications
tower.
(2)
Any applicant proposing a new freestanding commercial 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 commercial 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, commercial communications tower or other
structure and reinforcement of the existing building, 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, tower
or other structure and the interference cannot be prevented at a reasonable
cost.
(c)
Existing buildings, commercial 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 (nonionizing
electromagnetic radiation) levels which 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)
The maximum height of a communications tower shall be 150 feet.
(6)
The applicant shall demonstrate that the proposed height of
the communications tower is the minimum height necessary to function
effectively.
(7)
All parts of the communications tower, including guy wires,
if any, shall be set back from the property line at least 50 feet,
except for guyed towers which shall be set back a distance equal to
the height of the tower. If the tower is located on property which
adjoins any C or R Zoning District, the setback shall be at least
200 feet. Where the communications tower is located on a leased parcel
within a larger tract, the setback shall be measured from the property
line which separates the adjoining residentially zoned property from
the larger tract controlled by the lessor, rather than from the boundaries
of the leased parcel, provided the larger tract is either vacant or
developed for a use other than single-family dwellings.
(8)
The 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.
(9)
The applicant shall submit evidence that the 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 Borough
Building Code and accepted engineering practice.
(10)
Equipment cabinets and equipment buildings shall comply with
the height and yard requirements of the Zoning District for accessory
structures.
(11)
Access shall be provided to the tower and equipment cabinet
or equipment building by means of a public street or 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.
(12)
Recording of a plat of subdivision shall not be required for
the lease parcel on which the tower is proposed to be constructed,
provided the equipment building is proposed to be unmanned and the
required easement agreement for access is submitted for approval by
the Borough.
(13)
Approval of a land development plan, prepared in accordance with the requirements of Chapter
151, Subdivision and Land Development, shall be required for all towers.
(14)
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.
(15)
The owner of any communications tower which exceeds 50 feet
in height shall submit to the Borough 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 Borough by a structural engineer at the owner's
expense.
(16)
The owner of the communications tower shall notify the Borough immediately upon cessation or abandonment of the operation. The owner of the communications tower shall dismantle and remove the communications tower 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 Borough 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 §
170-1104 of this chapter.
(17)
All tower structures shall be fitted with anticlimbing devices
as approved by the manufacturer for the type of installation proposed.
(18)
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.
(19)
The exterior finish of the tower shall be compatible with the
immediate surroundings. The tower, the equipment cabinet or equipment
building and the immediate surroundings shall be properly maintained.
(20)
The base of the tower shall be landscaped suitable to the proposed
location of the tower, if the base of the tower is visible from adjoining
streets or residential properties.
(21)
At least one off-street parking space shall be provided on the
site to facilitate periodic visits by maintenance workers. Manned
equipment buildings shall provide one parking space for each employee
working on the site.
(22)
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).
M. Contractors business. There shall be no outside storage of materials
or equipment in the Mixed Use Zoning District.
N. Crematorium.
(1)
A crematorium as a principal use shall be set back a minimum
of 200 feet from all lot lines of existing dwellings, schools, day-care
centers, and all undeveloped residential zoned lots.
(2)
All emissions must meet the requirements of the Pennsylvania
Department of Environmental Protection as part of their permitting
requirements.
(3)
Hours of operation shall be limited to 7:00 a.m. to 7:00 p.m.
Monday through Friday.
(4)
The cremation unit shall be totally enclosed within a building.
At a minimum, the stack height shall be at least 1.5 times the height
of nearby structures.
(5)
The crematory operator/owner shall provide the Borough with
the necessary certifications to operate the crematorium and prior
to issuing a building permit, a copy of the required PA DEP general
permit shall be provided. The crematorium shall be operated in conformance
with all local, state and federal laws.
(6)
Bodies shall be cremated in wooden/crate containers only and
with plastic that does not create toxic emission (no halogenated plastics).
(7)
When cremations are taking place, an operator certified to operate
the crematorium shall be on-site.
O. Day-care center (adult).
(1)
Shall be fully licensed by the state, if required by the state.
(2)
Shall include constant supervision during all hours of operation.
(3)
Shall not meet the definition of a "treatment facility."
P. Day-care center (child) and preschool facility.
(1)
All child day care facilities shall comply with all current
Pennsylvania Department of Public Welfare (DPW) regulations including
those standards governing adequate indoor space, accessible outdoor
play space and any applicable state or local building and fire safety
codes. Day-care centers must hold an approved and currently valid
certificate of compliance from the DPW.
(2)
No portion of a child day care facility or preschool facility
shall be located within a 300-foot distance from any potentially hazardous
land use or activity which could pose a threat to the safety and welfare
of the children, staff and other occupants at the facility. Hazardous
land uses or activities include but shall not be limited to gasoline
service stations, heavy industrial operations, storage of flammable
or high pressure underground pipelines, truck or rail loading yards,
etc.
(3)
The outdoor play space shall be completely enclosed by a safe
and adequate fence or wall a minimum of four feet in height with a
self-latching gate. Any outdoor play area potentially susceptible
to encountering vehicles leaving the roadway, travel lanes, or accessways
shall be protected by a barrier capable of preventing the vehicle
from entering the play area. No portion of the outside play areas
shall be less than 25 feet from a neighboring property line without
the owner's written consent. Outdoor play shall be limited to
the hours between dawn and dusk, prevailing local time.
(4)
Day-care centers or preschool facilities shall not be conducted
on residential premises. A day-care center or preschool facility,
if sited on the premises of an operating community service facility
or religious institution shall be considered accessory to the principal
use of the property concerned.
(5)
Activities shall be limited to functions normally associated
with part-time tending of children and shall not include overnight
or drop-in care.
(6)
A minimum of one on-site parking space shall be provided for
each 300 square feet of floor area dedicated to child care.
(7)
Adequate provision must be made on the site for handicapped
parking, handrail, and wheelchair ramps in accordance with the Pennsylvania
Department of Labor and Industry Standards for Barrier Free Design
(Act 235).
(8)
The site shall have direct access to an arterial or collector
road as defined by the zoning ordinance.
(9)
A minimum of one safe dropoff space shall be provided for each
20 children that the facility is licensed to accommodate.
(10)
Whenever possible, the dropoff area shall be located immediately
adjacent to the facility. The dropoff area should be designed in such
a way that pedestrians do not cross vehicular traffic lanes in any
parking area or driveway. The dropoff area may be designed either
as a part of the on-site parking area or the required dropoff spaces
may be designed as a part of driveway providing direct access to the
day care facility. When the dropoff area is incorporated into the
on-site parking area, the parking spaces nearest to the facility shall
be designated as dropoff spaces. When the dropoff area is incorporated
into a driveway, the dropoff spaces shall be located within a vehicle
turnout area 12 feet in width exclusive of the driveway through traffic
lane(s).
(11)
The Borough of Canonsburg reserves the right to impose additional
conditions regarding parking, pedestrian travel, ingress, egress and/or
all types of access to a facility should the applicant request that
a facility be established within proximity of a domiciliary care home,
group residential facility, halfway house, personal care home or adult
or child day-care center.
(12)
Landscaping on the side yards continuous with off-street parking
shall consist of a masonry or solid fence, between four and six feet
in height, maintained in good condition and free of all advertising
or other signs, or in lieu of such wall or fence, shall consist of
a strip of land not less than 15 feet in width, planted with an evergreen
hedge, or dense plantings of evergreen shrubs not less than four feet
in height.
(13)
Where applicable, certification or licensing by the sponsoring
agency shall be a prerequisite to obtaining a certificate of occupancy;
a copy of an annual report, with evidence of continuing certification,
shall be submitted to the Zoning Officer no later than January 31
of each year.
Q. Dwelling, multifamily.
(1)
Townhouses shall adhere to the following:
(a)
The maximum number of dwelling units in any townhouse building
shall be five.
(b)
All off-street parking spaces, except spaces on driveways immediately
in front of a carport or garage entrance, shall be set back a minimum
of 10 feet from any dwelling.
(c)
Where a shared parking area is proposed, and a location to the
rear of the townhouses is not feasible, then a location to the side
of a set of townhouses shall be considered.
(d)
Any mailboxes provided within the street right-of-way should
be clustered together in an orderly and attractive arrangement or
structure. Individual freestanding mailboxes of noncoordinated types
at the curbside are discouraged.
(2)
Garden apartments and high-rise apartments shall adhere to the
following:
(a)
The maximum number of dwelling units in any garden apartment
building shall be 24.
(b)
The distance between multifamily dwellings on the same lot shall
be not less than 25 feet.
(c)
The proposed development shall be served by a public sanitary
sewer system.
(d)
All parking spaces and access drives shall be at least 15 feet
from any multifamily dwelling on the lot. This shall not apply to
an interior garage and/or a driveway intended to be used as a parking
space for one particular dwelling unit.
(e)
No one area for off-street parking of motor vehicles shall exceed
40 cars in capacity. Separate parking areas on a parcel shall be physically
separated from one another by a six-foot-wide planting strip.
(f)
Buffer Area "A," as defined by §
170-503A of this chapter, shall be provided along all property lines adjoining residential use or zoning classification.
R. Funeral home.
(1)
Signs shall be limited to one identification sign for each street
frontage, provided that the area on either side of such sign shall
not exceed six square feet in a residential district.
(2)
A parking lot shall not be located between the principal building
and the front of the lot.
(3)
Any crematorium as an accessory use shall also meet the regulations
for such use in this section.
S. Gas station.
(1)
The use may include a convenience store if the requirements
for such use are also met.
(2)
This use may include a single bay car wash as an accessory use.
(3)
A canopy shall be permitted over the gasoline pumps with a minimum
front yard setback of 20 feet from each street or alley right-of-way
line. Such canopy may be attached to the principal building. An allowed
wall sign may be placed on a portion of the canopy that is behind
the minimum front yard setback line.
(4)
Fuel dispensers shall be set back a minimum of 30 feet from
the existing street right-of-way line and from any lot line of a lot
occupied by a residential use.
(5)
The canopy over gasoline pumps shall have a maximum height from
the ground to the top of the canopy of 20 feet, except for portions
of the canopy that are sloped to direct light away from streets and
dwellings.
(6)
Lights attached to the bottom of the canopy shall be recessed,
angled or screened so that the luminaire itself is not visible from
beyond the lot lines.
(7)
Buffer Area "B," as defined by §
170-503A of this chapter, shall be provided along all property lines adjoining residential use or zoning classification.
T. Group care facility, personal care boarding home or transitional
dwelling.
(1)
Shall have frontage on and direct vehicular access to an arterial
or collector street.
(2)
One off street parking space shall be provided for every resident,
plus one additional for a manager's unit, if provided.
(3)
The maximum number of residents housed in a Personal Care Boarding
Home or Transitional Dwelling shall be 10.
(4)
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.
(5)
Adequate provisions shall be made for access for emergency medical
and firefighting vehicles.
(6)
Twenty-four-hour supervision shall be provided by staff qualified
by the sponsoring agency.
(7)
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.
(8)
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.
U. Heliport.
(1)
Helipads shall be located at least 250 feet from any property
line or public street.
(2)
Helipads accessory to a hospital shall be limited to use by
emergency vehicles and health system personnel.
(3)
Evidence of compliance with all applicable regulations of the
Federal Aviation Administration (FAA) and the Pennsylvania Department
of Transportation, Bureau of Aviation, shall be submitted.
(4)
The helicopter landing pad shall be clearly marked with the
insignia commonly recognized to indicate a private-use helipad.
(5)
The helicopter landing pad shall be paved, level and maintained
dirt-free. Rooftop pads shall be free of all loose stone and aggregate.
(6)
An application for a helipad on a roof shall be accompanied
by a certification by a registered engineer that the loads imposed
by the helicopter will be supported by the structure.
(7)
Lighting shall be shielded away from adjacent properties and
streets.
V. Hospital, clinic, assisted living or nursing home.
(1)
The minimum lot area required for a hospital shall be 10 acres.
The minimum lot area required for a clinic, assisted living or nursing
home shall be two-acre.
(2)
The property shall be served by public water and public sewers.
(3)
All hospitals and 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.
(4)
Water pressure and volume shall be adequate for fire protection.
(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 Borough
police department and volunteer fire company for comments regarding
traffic safety and emergency access.
(7)
Assisted living and nursing homes shall have a bed capacity
of at least 20 beds, but no more than 200 beds.
(8)
Buffer Area "A," as defined by §
170-503A of this chapter shall be provided along all property lines adjoining residential use or zoning classification.
(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).
(10)
A private use helipad for air ambulances shall be permitted
as part of a hospital, provided that all of the following criteria
set forth in § 503.T.
W. Hotel or motel.
(1)
The minimum lot size shall be 20,000 square feet.
(2)
May include recreational facilities for use by guests only.
(3)
May include an on-site restaurant within the hotel/motel that
may or may not be available to the general public.
(4)
The site shall have vehicular access to an arterial or collector
street, as defined by this chapter, by means of a driveway entrance
intersecting such a street or by means of an interior road system
within a planned office park that leads directly to and intersects
with such a street. In no case shall traffic from a hotel or motel
site exit onto or enter from a local street, as defined by this chapter.
(5)
Buffer Area "B," as defined by §
170-503A of this chapter, shall be provided along all property lines adjoining residential use or zoning classification.
(6)
Rooftop mechanicals shall be screened from public view.
(7)
Dumpsters shall be completely enclosed by a wall or solid fence
at least six feet in height.
X. Junkyard (includes automobile salvage yard).
(1)
Storage of garbage or biodegradable material is prohibited,
other than what is customarily generated on-site and routinely awaiting
pickup.
(2)
Outdoor storage of junk shall be at least:
(a)
One hundred feet from the lot of any dwelling;
(b)
Forty feet from any other lot line and the right-of-way of any
public street;
(c)
One hundred feet from the center line of any waterway; and
(d)
Five feet away from a drainage swale.
(3)
The site shall contain a minimum of two exterior points of access,
each of which is not less than 20 feet in width. One of these accesses
may be limited to emergency vehicles. Cleared driveways with a minimum
width of 15 feet shall be provided throughout the entire use to allow
access by emergency vehicles. Adequate off-street parking areas shall
be provided for customers.
(4)
Burning or incineration is prohibited.
(5)
All gasoline, antifreeze and oil shall be drained from all vehicles
and properly disposed of. All batteries shall be removed from vehicles
and properly stored in a suitable area on an impervious and properly
drained surface.
(6)
Buffer Area "A," as defined by §
170-503A of this chapter, shall be provided along all property lines adjoining any residential or commercial use or zoning classification. Buffer Area "A" shall also be provided around all outdoor storage areas (except at approved driveway entrances), unless such storage is not visible from an exterior lot line or street. The height of the evergreens at field planting shall be six feet. Secure fencing with a minimum height of eight feet shall be provided and well-maintained around all outdoor storage areas. Such fencing shall be provided inside of the evergreen screening.
Y. Kennel/animal shelter.
(1)
All structures in which animals are housed (other than buildings
that are completely soundproofed and air conditioned) and all runs
outside of buildings shall be located at least 100 feet from all residential
lot lines.
(2)
Buildings shall be adequately soundproofed so that sounds generated
within the buildings cannot routinely be heard within adjacent residential
dwellings.
(3)
Outdoor animal runs may be provided for use between 8:00 a.m.
and 8:00 p.m., provided the runs are at least 100 feet from any residential
dwelling and provided that the runs for dogs are separated from each
other by visual barriers a minimum of four feet in height, to minimize
dog barking.
(4)
Outdoor animal areas must be a minimum of 20 feet from any property
line.
(5)
A kennel may be used for breeding and may include pet services
as an accessory use.
(6)
Buffer Area "C," as defined by §
170-503A of this chapter, shall be provided between any outdoor animal runs and/or play areas and residential and commercial lot lines. A buffer area will not be required in the Industrial District.
(7)
Any outdoor solid waste receptacles and all structures housing
animals shall be set back a minimum of 50 feet from any existing dwelling
on an adjacent lot.
Z. Manufactured home park.
(1)
The minimum tract area shall be 30,000 square feet, which shall
be under single ownership.
(2)
The maximum average density of the tract shall be five dwelling
units per acre. To calculate this density: a) land in common open
space or proposed streets within the park may be included, but b)
land within the 100-year floodplain, wetlands and slopes over 25%
shall not be included.
(3)
Each manufactured home park shall include a thirty-five-foot-wide
landscaped area including substantial attractive evergreen and deciduous
trees around the perimeter of the site, except where such landscaping
would obstruct safe sight distances for traffic. The same area of
land may count towards both the landscaped area and the building setback
requirements.
(4)
A dwelling, including any attached accessory building, shall
be set back a minimum of 25 feet from another dwelling within the
mobile home park, except that unenclosed porches, awnings and decks
may be 15 feet from the walls of another dwelling.
(5)
The minimum separation between homes and edge of interior street
cartway or parking court cartway shall be 25 feet.
(6)
The minimum principal and accessory building setbacks from exterior/boundary
lot lines and rights-of-way of preexisting public streets shall be
50 feet.
(7)
A detached accessory structure or garage shall be separated
a minimum of 15 feet from any dwelling units which the accessory structure
is not accessory to.
AA. Medical marijuana dispensary.
(1)
Any facility dispensing medical marijuana must be legally registered
in the commonwealth and possess a current valid medical marijuana
permit from the Department of Health. Such a facility may only dispense
medical marijuana in an indoor, enclosed, permanent and secure building
and shall not be located in a trailer, cargo container, mobile or
modular unit, mobile home, recreational vehicle or other motor vehicle.
(2)
A dispensary that provides medical marijuana may not operate
on the same site as a facility used for growing and processing medical
marijuana.
(3)
Dispensaries shall have a single secure public entrance and
shall implement appropriate security measures to deter and prevent
the theft of controlled substances and unauthorized entrance into
areas where they are stored.
(4)
Medical marijuana dispensaries shall be a maximum of 3,000 gross
square feet, of which no more than 500 square feet shall be used for
secure storage of product, and shall have an interior customer waiting
area equal to a minimum of 25% of the gross floor area.
(5)
A medical marijuana dispensary shall:
(a)
Not have a drive-through service;
(b)
Not have outdoor seating areas;
(c)
Not have outdoor vending machines;
(d)
Prohibit the administering of or the consumption of medical
marijuana on the premises;
(e)
Not offer direct or home delivery service.
(6)
A medical marijuana dispensary may dispense controlled substances
only to certified patients and caregivers and shall comply with all
lawful, applicable health regulations.
(7)
A medical marijuana dispensary shall not be located within 1,000
feet of the property line of a public, private or parochial school
or a day-care center. This distance shall be measured in a straight
line from the closest exterior wall of the building or portion thereof
in which the business is conducted or proposed to be conducted, to
the closest property line of the protected use, regardless of the
municipality in which it is located.
(8)
A medical marijuana dispensary shall be a minimum distance of
1,000 feet from the next nearest clinic. This does not include complementing
or supporting businesses covered by different definitions. This distance
shall be measured in a straight line from the closest exterior walls
of the buildings or portions thereof in which the businesses are conducted
or proposed to be conducted, regardless of the municipality in which
it is located. This separation distance does not apply to the distance
between the grower/processor and the specific dispensary he or she
serves or with which he or she partners.
(9)
Any medical marijuana dispensary lawfully operating shall not
be rendered in violation of these provisions by the subsequent location
of a public, private or parochial school or a day-care facility.
(10)
Buffer Area "A" is required where a clinic adjoins a residential
use or district.
BB. Medical marijuana growth/processing facility.
(1)
A medical marijuana grower/processor may grow medical marijuana
only in an indoor, enclosed and secure building which includes electronic
locking systems, electronic surveillance and other features required
by the Pennsylvania Department of Health. The grower/processor facility
shall not be located in a trailer, cargo container, mobile or modular
unit, mobile home, recreational vehicle or other motor vehicle.
(2)
The maximum floor area of a medical marijuana processing facility
shall be limited to 20,000 square feet, of which sufficient space
must be set aside for secure storage of marijuana seeds, related finished
product, and marijuana-related materials used in production or for
required laboratory testing.
(3)
There shall be no emission of dust, fumes, vapors, odors, or
waste into the environment from any facility where medical marijuana
growing, processing or testing occurs.
(4)
Marijuana remnants and by-products shall be secured and properly
disposed of in accordance with the Department of Health policy and
shall not be placed within any unsecure exterior refuse containers.
(5)
The grower/processor shall provide only wholesale products to
other medical marijuana facilities. Retail sales and dispensing of
medical marijuana and related products is prohibited at medical marijuana
grower/processor facilities.
(6)
Grower/processors may not locate within 1,000 feet of the property
line of a public, private, or parochial school or day-care facility.
(7)
A buffer planting is required where a medical marijuana grower/processor
adjoins a residential use or district.
CC. Oil and gas wells, compressor stations and processing plants.
(1)
A company desiring to construct and operate a well, well pad,
compressor station or processing plant shall obtain the permits required
by this section, which are in addition to, and are not in lieu of,
any permit that may be required by any other governmental or regulating
agency.
(2)
Access to any facility shall be arranged to minimize danger
to traffic, nuisance to surrounding properties and to maintain the
integrity of municipal roads. The following standards apply:
(a)
Any newly established private easements/roadways constructed
on the parcel containing the facility shall be located at least 50
feet from any property line unless written consent is obtained from
the adjoining property owner(s);
(b)
The access road to the facility, beginning with its intersection
with a municipal road, shall be paved for the first 50 feet and be
constructed with an additional 150 feet of limestone in a manner that
would reasonably minimize water, sediment or debris carried onto any
public road. If the access road or accessway is less than 200 feet
in length, the entire access road or accessway shall meet these conditions.
This shall be in place prior to the commencement of any facility operations;
(c)
All roads and accessways shall be constructed and maintained
to prevent dust and mud from the surrounding area. A method of dust
abatement shall be utilized during dry weather and under no circumstances
shall brine water, sulphur water or water in mixture with any type
of hydrocarbon be used for dust abatement.
(3)
Prior to development, the applicant shall provide to the Borough
Fire Department and Zoning Officer a copy of its emergency response
plan. Also, the applicant/operator shall, at its sole cost and expense,
provide to emergency services appropriate site orientation with adequate
information and ongoing training on dealing with any potential dangerous
conditions that may result from development activities.
(4)
Noise-generating equipment, exceeding municipal ordinance standards,
shall be fully enclosed in a sound reduction structure that conforms
to the character of the zone in which it exists. All applicable development
plans, permits and regulations shall apply to the enclosure. During
normal operations, the structure shall remain fully enclosed, with
all doors and windows remaining closed unless during times of egress.
(5)
Compressors and other power-driven equipment shall utilize sparkless
electric motors, when practicable, as an alternative to internal-combustion
engines, unless the applicant can demonstrate that the alternative
engines are not inconsistent with the objectives of any Borough ordinance.
All electrical installations and equipment shall conform to Borough
ordinances and the applicable national codes.
(6)
The applicant agrees to reimburse the Borough for all reasonable
and direct professional consultant fees incurred by the Borough related
to the site inspection, including, but not limited to, the Borough
Engineer, Borough Solicitor and any other reasonable and direct consultant
fees incurred for the review and approval process, and for any specialized
work called for in the permit.
(7)
A secured entrance gate on the access road shall be required
and all gates are to be kept locked when the operator or its employees
are not on the premises. All storage tanks, separation facilities,
or other mechanical or production equipment on the operation site
shall be completely enclosed by a permanent chain-link fence. Standards
for the chain-link fence and secured gate are as follows:
(a)
The chain-link fence shall be at least eight feet in height;
(b)
Support posts shall be set in concrete and shall be embedded
into the ground to a depth sufficient to maintain the stability of
the fence;
(c)
The chain-link shall be dark green or black steel wire;
(d)
The chain-link fence shall have, at a minimum, eleven-gauge
thickness;
(e)
Posts and rails shall be black or dark green standard socket
construction or similar design;
(f)
Tension rods shall be three-eighths-inch round steel bolt stock.
Adjustable tighteners shall be turnbuckle or equivalent having a six-inch
minimum take-up. Tension bars shall have minimum thickness of 1/4
inch by 3/4 inch;
(g)
All chain-link fences shall be equipped with at least two gates.
(h)
Fencing shall be equipped with interlocking opaque slats, mesh,
or other screening material approved by the Borough.
(8)
No applicant shall permit any lights located on any operation
site to be directed in such a manner so that they shine directly on
a public road, protected use, adjacent property or property in the
general vicinity of the operation site. To the extent practicable,
and taking into account safety considerations, site lighting shall
be directed downward and internally so as to avoid glare on public
roads, protected uses, and adjacent dwellings and buildings. Exterior
lights shall be turned off except when personnel are working on-site
or motion sensors are activated.
(9)
Permit applications must include:
(a)
A description of proposed site or modification to an existing
site with identification whether the site is located in a wetland
or floodplain;
(b)
Anticipated construction start and completion date;
(c)
A plot plan of the site showing a clearly marked scale, all
property lines, all buildings, water wells, water sources and rights-of-way;
(d)
The applicant shall apply for a Borough-assigned address at
the time of building permit application;
(e)
Any and all additional requirements that may be modified or
added by subsequent ordinance or required by Pennsylvania law.
(f)
A grading permit, if applicable, must be obtained per Chapter
151, Subdivision and Land Development, prior to any grading or earth moving, and must include evidence of an approved soil erosion and sedimentation control plan.
(10)
The applicant shall apply for a road use maintenance agreement,
pay the prescribed fee, and adhere to all conditions set forth in
the agreement.
(11)
For compressor stations and processing plants, the following
minimum setback distances must be adhered to:
(a)
The minimum distance to any protected use shall be 1,000 feet;
(b)
The minimum distance to any public or private school shall be
2,500 feet;
(c)
A setback reduction approval may be authorized by Borough Council,
provided that the applicant can submit compelling evidence that such
a reduction is absolutely necessary and will not be detrimental to
the purposes of this chapter.
(12)
All aboveground equipment including compressor engines and any
structure in which they are enclosed must be set back a minimum of
100 feet from any adjacent property lines or rights-of-way.
(13)
The facility signage shall be clearly visible for all 911 emergency
services, at the location where the access road intersects with the
Borough- or state-owned road and at the entrance gate to each facility.
The signage must include:
(c)
Borough-assigned address.
(d)
Emergency contact phone number.
(14)
No well, compressor station or processing facility shall be
constructed on soil that is classified as either Class 1 or Class
2 by the U.S. Department of Agriculture (USDA) Natural Resources Conservation
Service and published in the Washington County Soil Survey.
(15)
The applicant shall comply with all applicable state and federal
regulations and shall show evidence of obtaining the required state
and/or federal permits, including proof of insurability, before initiating
any work and maintaining the required permits throughout the duration
of all operations.
(16)
The applicant shall notify the Borough immediately of any suspension
or revocation of the required state and/or federal permits. Upon notification
of said suspension or revocation, the Borough-issued permits will
hereby be deemed suspended or revoked until state and/or federal compliance
is reached.
(17)
The applicant shall submit a road use plan showing the proposed
routes of all trucks to be utilized for hauling equipment, supplies
and the like and the estimated weights of those trucks and the estimated
number of trucks entering and exiting the facility on a daily basis,
as well as keep a record/log of actual use which may be requested
from time to time by Borough Council. In conjunction with the Borough,
the applicant shall design the hauling routes to and from the facility
to minimize the impact on local roads. At no time shall any overweight
vehicle travel upon any Borough roads, or portion thereof, other than
the specified portion of Borough roads for which security has been
provided.
DD. Pawn shop.
(1)
The building area occupied by a pawn shop facility shall not
be located within 1,000 feet from the closest building area occupied
by another pawn shop.
(2)
The pawn shop shall fully comply with recordkeeping requirements
of the State Pawnbrokers License Act, as amended, and such records shall be available for review by the
Borough Police upon request.
EE. Place of worship.
(1)
Minimum lot area: 10,000 square feet in a residential district.
(2)
Permitted accessory uses may include:
(a)
Primary or secondary school.
(c)
Gymnasium/recreational facility.
(e)
Parsonage, parish house or rectory.
(f)
Other uses that are customarily accessory to religious uses
and places of worship.
(3)
Accessory uses shall be on the same lot as the primary religious
use/place of worship and shall meet the following requirements:
(4)
Accessory uses shall meet area and bulk requirements of the
zoning district in which they are located.
(5)
Accessory uses shall be set back a minimum of 20 feet from a
residential use or district.
(6)
Outdoor play spaces shall be completely enclosed by a safe and
adequate fence or wall a minimum of four feet in height, unless a
greater height is required by the governing body. Any outdoor play
area potentially susceptible to encountering vehicles leaving the
roadway, travel lanes, or access ways shall be protected by a barrier
capable of preventing the vehicle from entering the play area. Outdoor
play shall be limited to the hours between dawn and dusk, prevailing
local time.
(7)
Off-street parking shall be in accordance with Article
8.
FF. Public utility building or structure.
(1)
Maintenance vehicles shall be stored within a completely enclosed
building.
(2)
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 fence with locking gate and is screened
by 100% opaque screening material placed in the fencing or by a six-foot
dense, compact evergreen hedge.
(3)
Any area of the building which is used for business offices shall comply with the parking requirements of Article
8 of this chapter for that use. Any area of the building which 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.
GG. Renewable energy systems.
(1)
It is the purpose of these regulations to promote the safe,
effective and efficient use of renewable energy systems to reduce
the consumption of utility-supplied energy, heat, hot water, or any
combination of the above, while protecting the health, safety and
welfare of the residents of the Borough, and while protecting adjacent
land uses through appropriate zoning and land-use controls. Non-utility-supplied
energy systems not specified herein may be permitted subject to conditional
use approval. Building integrated systems shall not be subject to
zoning approval. Where, in the course of reviewing a permit application
for any renewable energy system, it is deemed advisable for the Borough
to retain the services of the Borough Engineer or any other consultant,
all reasonable costs therefor shall be borne by the applicant.
(2)
Solar energy systems (small).
(a)
A small solar energy system shall be permitted as an accessory
use to an existing principal use in any zoning district by right subject
to the regulations set forth in this section. It shall be the responsibility
of the landowner and/or applicant to prove compliance with this section
at the time of application for a building/zoning permit.
(b)
All solar energy equipment shall be located on the parcel or
plot of land of record in which the principal use is located, with
the exception that power lines or any related equipment to the solar
energy system may be located on an adjoining parcel or plot of land
of record, provided it will comply with all applicable virtual net
metering laws of the public utility provider.
(c)
Power generated by the solar energy system shall provide power
only for the principal use in which it services; any excess power
generated by the solar energy system shall only be sold or acquired
by a public utility in accordance with law or other governmental regulations.
(d)
All mechanical equipment associated with and necessary for the
operation of the solar energy system, which is ground-mounted, including
any structure for batteries or storage cells, shall be enclosed within
a six-foot-high fence or evergreen plantings of equal height. Evergreen
plantings shall be of a type that is to be approved by the municipality.
No noxious trees, plants or weeds shall be permitted to fulfill the
landscaping requirements. The fence shall be made of wood, masonry,
durable plastic or other decorative material approved by the municipality.
Chain-link fences shall not be permitted unless they are fully screened
from view by evergreen plantings.
(e)
Historic structures. If an accessory solar energy system is
proposed to be mounted on or located within 100 feet of any historic
structure as may be designated by the Borough or determined to be
eligible for listing on the National Register of Historic Places by
the Pennsylvania Historical and Museum Commission or the National
Park Service, such system shall be subject to conditional use approval
at the sole discretion of the Borough as provided herein and upon
a finding that the proposed system will not adversely impact the historical
significance or landscape context of the subject historic structure.
(f)
Solar access easements. A solar energy system shall be located
to ensure solar access without reliance on adjacent properties. Where
any applicant desires to ensure that solar access to a solar energy
system shall not be obstructed over time by permissible uses or activities
on any adjacent property (i.e., by planting or growth of vegetation,
new construction, etc.), it shall be the responsibility of the owner
of the solar energy system to obtain appropriate solar access easement(s)
from neighboring property owner(s). All solar access easements shall
be recorded in the office of the Washington County Recorder of Deeds.
(g)
Ground-mounted solar energy systems.
[1] No part of a ground-mounted solar energy system
shall be located any closer than 15 feet from any side or rear property
lines. No part of a ground-mounted solar energy system shall be located
between the principal structure on the property and the public street
right-of-way; notwithstanding the aforesaid requirement.
[2] Ground-mounted solar energy systems shall not be
placed within any legal easement or right-of-way location, or be placed
within any stormwater conveyance system or in any other manner that
would alter or impede stormwater runoff from collecting in a constructed
stormwater conveyance system.
[3] Ground-mounted solar energy systems shall not be
placed in a manner that would cause a violation of any other section
of the zoning ordinance including minimum parking requirements, required
buffer areas or other landscaping requirements, maximum impervious
coverage limitations or any other applicable standards.
[4] Ground-mounted panels of a solar energy system
shall be counted towards a given property maximum impervious coverage
requirements, unless the applicant can demonstrate that stormwater
will infiltrate into the ground beneath the solar panels at a rate
equal to that of the infiltration rate prior to placement of the panels.
[5] Ground-mounted solar energy systems shall not exceed
a height of 20 feet.
(h)
Roof-mounted solar energy systems.
[1] Roof-mounted solar energy systems shall not extend
beyond the peak elevation of the top of the roof on which the panels
are to be constructed.
[2] If the solar panels are to be constructed on a
flat roof, no part of the solar energy system shall exceed beyond
the maximum height requirements for the zoning district that the building
is located in.
[3] Roof-mounted solar energy systems shall not be
counted as adding to any impervious coverage calculation.
(i)
All electric and utility lines associated with the solar energy
system shall be buried underground.
(j)
Any installation of a solar energy system shall comply with
all applicable standards of the Uniform Construction Code.
(k)
Solar collectors shall be installed so as to prevent glare or
concentrated solar radiation as may otherwise be directed onto other
properties or onto roadways such that a nuisance situation is created.
Antireflective surface materials or coatings shall be used to preclude
glare to the extent feasible. The applicant or the installer or manufacturer
of the solar energy system shall submit with the application for permit,
as applicable, a signed statement including the following:
(l)
Certification that the proposed system shall not produce glare
or reflect concentrated solar radiation visible beyond the property
lines of the property upon which the solar energy system shall be
located such that a nuisance situation is created.
(m)
Acknowledgement that, should any glare or concentrated solar
radiation produced prove to be visible beyond the property lines of
the property upon which the solar energy system shall be located,
at any time subsequent to the installation of the system, such that,
in the opinion of the Zoning Officer, a nuisance situation or safety
hazard arises for another property owner or the travelling public,
the Borough may at its discretion require mitigation action or may
require the removal of the system or portion thereof generating the
glare or reflected solar radiation.
(n)
Acknowledgement that, should any mitigation or system removal
deemed necessary by the Borough fail to be dealt with in accordance
with the Borough's determination within six months of notification
of the landowner and/or system owner, or immediately in any case determined
to be a safety hazard, the Borough may implement such mitigation or
remove such systems as it deems necessary, costs therefor to be reimbursed
within 90 days and, if not, a commensurate lien shall be placed upon
the property.
(o)
Acknowledgement that the obligations set forth herein shall
continue so long as the subject solar energy system remains in operation
and that any subsequent property owner shall be so notified.
(p)
The solar energy system shall be kept in good repair and sound
condition. Upon abandonment of the use, the solar panels, electrical
wires, support structures and any other related structures and equipment
shall be dismantled and removed from the lot within 60 days.
(q)
No signage or advertising of any kind shall be utilized or attached
to the solar energy system. This requirement shall not include the
make and model description of the solar energy system, manufacturers
required hangtags or warning signs or other signage that is required
by law.
(3)
Solar energy systems (large).
(a)
The minimum lot size for any large solar energy system shall
be five acres.
(b)
The landowner and/or applicant shall present the following evidence
to Borough Council at the hearing for a large solar energy system:
[1] A narrative describing the proposed large solar
energy system, including an overview of the project; the project location;
the approximate generating capacity of the solar energy system, the
approximate number, representative types and height or range of heights
of the panels or other solar energy equipment to be constructed, including
their generating capacity, dimensions and respective manufacturers,
and a description of all ancillary facilities.
[2] Identification of the properties or portions thereof
on which the proposed large solar energy system will be located and
also the properties adjacent to where the large solar energy system
will be located.
[3] A site plan, drawn to scale, showing all of the
following information, as applicable: the planned location of each
solar panel, related structures, setback lines, access roads and turnout
locations, substations, electrical wiring, ancillary equipment, buildings
and structures, including associated distribution and/or transmission
lines, floodplains, easements, wetlands and limits of earth disturbance
associated with construction of the large solar energy system.
[4] Documents indicating the type and specifications
of fencing to be used around the perimeter of the large solar energy
system.
[5] Documents relating to the decommissioning of the
large solar energy system, including a schedule for decommissioning
of the solar panels and related equipment.
[6] Documents indicating compliance with any other
applicable federal, state and local laws regulating large solar energy
systems and/or land development, including, but not limited to, any
applicable laws of the Public Utility Commission, any public utility
provider, Washington County Conservation District, and the PA Department
of Environmental Protection.
(c)
Large solar energy systems shall be set back a minimum of 100
feet from any public right-of-way, any lot line, and any historic
structure as may be designated by the Borough or determined to be
eligible for listing on the National Register of Historic Places by
the Pennsylvania Historical and Museum Commission or the National
Park Service.
(d)
Notwithstanding lot coverage limitations set forth in the base
zoning district(s), the maximum impervious coverage for a large solar
energy system and any accessory or appurtenant structures shall be
20% of the lot area.
(e)
All mechanical equipment associated with and necessary for the
operation of the large solar energy system that is not mounted on
a building wall, including any structure for batteries or storage
cells, shall be enclosed within a six-foot-high fence or evergreen
plantings of equal height. Evergreen plantings shall be of a type
that is to be approved by the Borough. No noxious trees, plants or
weeds shall be permitted to fulfill the landscaping requirements.
The fence shall be made of wood, masonry, durable plastic or other
decorative material approved by the municipality. Chain-link fences
shall not be permitted unless they are fully screened from view by
evergreen plantings.
(f)
Solar energy systems shall not be artificially lighted except
to the extent required for safety or by any applicable federal, state
or local authority.
(g)
Solar energy systems and appurtenant or accessory structures
shall not display any advertising, except for reasonable identification
of the panel or other equipment manufacturer and the facility owner.
(h)
Solar energy systems shall be located where there is a means
of vehicular access from a public or private street.
(i)
A solar energy system shall be located to ensure solar access
without reliance on adjacent properties. Where any applicant desires
to ensure that solar access to a solar energy system shall not be
obstructed over time by permissible uses or activities on any adjacent
property (i.e., by planting or growth of vegetation, new construction,
etc.), it shall be the responsibility of the owner of the solar energy
system to obtain appropriate solar access easement(s) from neighboring
property owner(s) and to notify the Borough upon the recording of
any such easement(s). All solar access easements shall be recorded
in the office of the Washington County Recorder of Deeds.
(j)
Solar collectors shall be installed so as to prevent glare or
concentrated solar radiation as may otherwise be directed onto other
properties or onto roadways such that a nuisance situation is created.
Antireflective surface materials or coatings shall be used to preclude
glare to the extent feasible. The applicant or the installer or manufacturer
of the solar energy system shall submit with the application for permit,
as applicable, a signed statement including the following:
(k)
Certification that the proposed system shall not produce glare
or reflect concentrated solar radiation visible beyond the property
lines of the property upon which the solar energy system shall be
located such that a nuisance situation is created;
(l)
Acknowledgement that, should any glare or concentrated solar
radiation produced prove to be visible beyond the property lines of
the property upon which the solar energy system shall be located,
at any time subsequent to the installation of the system, such that,
in the opinion of the Zoning Officer, a nuisance situation or safety
hazard arises for another property owner or the travelling public,
the Borough may at its discretion require mitigation action or may
require the removal of the system or portion thereof generating the
glare or reflected solar radiation;
(m)
Acknowledgement that, should any mitigation or system removal
deemed necessary by the Borough fail to be dealt with in accordance
with the Borough's determination within six months of notification
of the landowner and/or system owner, or immediately in any case determined
to be a safety hazard, the Borough may implement such mitigation or
remove such systems as it deems necessary, costs therefor to be reimbursed
within 90 days and, if not, a commensurate lien shall be placed upon
the property.
(n)
Acknowledgement that the obligations set forth herein shall
continue so long as the subject solar energy system remains in operation
and that any subsequent property owner shall be so notified.
(o)
A clearly visible warning sign concerning voltage must be placed
at the base of all pad-mounted transformers and substations.
(p)
If the solar energy system is ever abandoned or enters into
a state of disrepair, it shall be the responsibility of the property
owner to remove or properly maintain the solar energy system within
six months from the date the system enters such a state or immediately
in any case determined to be a safety hazard.
(q)
If a ground-mounted solar energy system is ever removed, any
earth disturbance as a result of the removal of the ground-mounted
solar energy system shall be graded and reseeded to the satisfaction
of the Borough.
(r)
Any large solar energy system shall comply with all applicable standards for a land development in Chapter
151, Subdivision and Land Development.
(4)
Wind energy system (small).
(a)
A small wind energy system shall be permitted as an accessory
use to an existing principal use within any zoning district subject
to the regulations set forth in this section. It shall be the responsibility
of the landowner and/or applicant to prove compliance with this section
at the time of application for a building/zoning permit.
(b)
The turbine shall be located on the same parcel or plot of land
of record in which the principal use is located, with the exception
that power lines or related equipment may be located on a neighboring
parcel or plot of land of record, provided it will comply with all
applicable virtual net metering laws of the public utility provider.
(c)
The height of the turbine shall include the tower and the rotor
at its point where a blade is directly perpendicular to the ground.
The maximum height of the turbine shall be 60 feet from the finished
grade.
(d)
Turbines must meet the setback requirements for accessory structures
for the underlying zoning district. In addition, turbines shall be
set back a horizontal distance equal to their height from any property
line or residential dwelling, excluding any dwelling on the lot on
which the turbine is located. No turbine shall be located between
the principal structure on the property and the public street right-of-way.
Additionally, all turbines must be set back sufficiently from any
aboveground utility lines, radio, television, or telecommunication
towers so as to present no danger to those lines or structures, as
certified by the applicant's engineer. No portion of any accessory
turbine shall extend over parking areas, access drives, driveways
or sidewalks.
(e)
The minimum clearance between the lowest arc of the turbine
blades and the ground shall be 15 feet. If the turbine model that
is proposed is a vertical axis wind turbine (also referred to as a
"helix-type windmill" or "VAT"), the height between the lowest point
of the turbine and the ground may be reduced to eight feet.
(f)
If guy wire anchors are required, they shall be set back a minimum
of 10 feet from any side and rear property lines.
(g)
All electric and utility lines associated with the turbine shall
be buried underground.
(h)
All mechanical equipment associated with and necessary for the
operation of the turbine, including any structure for batteries or
storage cells, shall be screened from view with an enclosed six-foot-high
fence or evergreen plantings of equal height. The evergreen plantings
shall be of a type approved by the municipality and shall be planted
to provide a full screen of the mechanical equipment. No noxious trees,
plants or weeds shall be permitted to fulfill the screening requirements.
The turbine tower shall also be enclosed within a six-foot-high fence
unless the base of the turbine tower is not climbable for a distance
of 12 feet. Any required fencing shall be made of wood, masonry, durable
plastic or other decorative material approved by the Borough. Chain-link
fences shall not be permitted unless they are fully screened from
view by evergreen plantings of equal or greater height than the fence.
(i)
The turbine shall not generate noise which exceeds 60 decibels
at any property line.
(j)
The turbine shall be kept in good repair and sound condition.
Upon abandonment of use, the turbine and all related structures shall
be dismantled and removed from the lot within 60 days.
(k)
The co-location of wireless communication antennas on a turbine
tower shall not be permitted.
(l)
Power generated by the turbine shall provide power only for
the principal use in which it services; any excess power generated
by the turbine shall only be sold or acquired by a public utility
in accordance with law or other governmental regulations.
(m)
The installation of the turbine shall meet all applicable requirements
of the Uniform Construction Code.
(n)
No signage or advertising of any kind shall be utilized or attached
to the turbine. This requirement shall not include the make and model
description of the turbine, manufacturers' required hangtags or warning
signs or other signage that is required by law.
(o)
No lighting, unless required by any FAA requirements, shall
be utilized or attached to the turbine.
(p)
Turbines shall be a neutral, nonobtrusive color such as white,
off-white, gray, brown, black or other approved earth tone shade,
unless a specific color or color pattern is required by the FAA or
other regulatory agency.
(5)
Wind energy system (large).
(a)
A large wind energy system shall be permitted by conditional
use, within the Industrial Zoning District. Large wind energy systems
shall be required to meet the performance standards of this chapter.
(b)
The height of the turbine shall include the turbine tower and
the turbine rotor at its point where a blade is directly perpendicular
to the ground. The maximum height of the turbine shall be 250 feet.
(c)
A turbine shall be set back from all property lines and ultimate
street right-of-way at a distance that is equal to the turbines height
(in feet) plus an additional 25 feet.
(d)
The turbine shall not generate noise which exceeds 60 decibels
at any property line.
(e)
All on-site utility and transmission lines extending to and
from the large wind energy system shall be placed underground.
(f)
All large wind energy systems shall be equipped with a redundant
breaking system. This includes both aerodynamic overspeed controls
(including variable pitch, tip, and other similar systems) and mechanical
brakes. Mechanical breaks shall be operated in a fail-safe mode. Staff
regulations shall not be considered a sufficient braking system for
overspeed protection.
(g)
No lighting, unless required by any FAA requirements, shall
be utilized or attached to the turbine.
(h)
Turbines shall be a neutral, nonobtrusive color such as white,
off-white, gray, brown, black or other approved earth tone shade,
unless a specific color or color pattern is required by the FAA or
other regulatory agency.
(i)
No signage or advertising of any kind shall be utilized or attached
to the turbine. This requirement shall not include the make and model
description of the turbine, manufacturers' required hangtags or warning
signs or other signage that is required by law.
(j)
All large wind energy systems shall, to the greatest extent
feasible, be sited to prevent shadow flicker on any occupied building
on an adjacent lot.
(k)
A clearly visible warning sign concerning voltage shall be placed
at the base of all pad-mounted transformers and substations or fence.
(l)
All access doors to wind turbines and electrical equipment shall
be locked or fenced, as appropriate, to prevent entry by nonauthorized
persons.
(m)
No portion of any large wind energy system shall extend over
parking areas, access drives, driveways or sidewalks.
(n)
The minimum height between the lowest portions of the wind turbine
shall be 30 feet above ground.
(o)
All mechanical equipment associated with and necessary for the
operation of the turbine, including any structure for batteries or
storage cells, shall be screened from view with an enclosed six-foot-high
fence or evergreen plantings of equal height. The evergreen plantings
shall be of a type approved by the Borough and shall be planted to
provide a full screen of the mechanical equipment. No noxious trees,
plants or weeds shall be permitted to fulfill the screening requirements.
The perimeter of the large wind energy system shall also be enclosed
within a six-foot-high fence unless the base of the turbine towers
are not climbable for a distance of 12 feet. Any required fencing
shall be made of wood, masonry, durable plastic or other decorative
material approved by the Borough. Chain-link fences shall not be permitted
unless they are fully screened from view by evergreen plantings of
equal or greater height than the fence.
(p)
If a large wind energy system is proposed to be mounted on or
located within 100 feet of any historic structure as may be designated
by the Borough or determined to be eligible for listing on the National
Register of Historic Places by the Pennsylvania Historical and Museum
Commission or the National Park Service, such system shall be subject
to conditional use approval at the sole discretion of the Borough
upon a finding that the proposed system will not adversely impact
the historical significance or landscape context of the subject historic
structure or historic resource.
(q)
The landowner and/or applicant shall present the following evidence
to Borough Council at the hearing for a large wind energy system:
(r)
A narrative describing the proposed large wind energy system,
including an overview of the project, the project location, the approximate
generating capacity of the large wind energy system, the approximate
number, representative types and height or range of heights of the
turbines or other equipment to be constructed, including their generating
capacity, dimensions and respective manufacturers, and a description
of all ancillary facilities.
(s)
Identification of the properties or portions thereof on which
the proposed large wind energy system will be located and also the
properties adjacent to where the large wind energy system will be
located.
(t)
A site plan, drawn to scale, showing all of the following information,
as applicable: the planned location of each turbine, related structures,
setback lines, access roads and turnout locations, substations, electrical
wiring, ancillary equipment, buildings and structures, including associated
distribution and/or transmission lines, floodplains, easements, wetlands
and limits of earth disturbance associated with construction of the
large wind energy system.
(u)
Documents indicating the type and specifications of fencing
to be used around the perimeter of the large wind energy system.
(v)
Documents relating to the decommissioning of the large wind
energy system, including a schedule for decommissioning of the solar
panels and related equipment.
(w)
Documents indicating compliance with any other applicable federal,
state and local laws regulating large wind energy system and/or land
development, including, but not limited to, any applicable laws of
the Public Utility Commission, any public utility provider, Washington
County Conservation District, and the PA Department of Environmental
Protection.
(6)
Outdoor hydronic heaters.
(a)
Outdoor hydronic heaters, also known as "outdoor wood-fired
boilers," shall be permitted as an accessory use on lots that are
one acre or larger. All outdoor hydronic heaters shall comply with
the regulations of this section. It shall be the landowner and/or
applicant's responsibility to prove compliance with this section,
this shall include the requirements of submitting manufacturer's
specifications and maintenance documents, certification testing results,
and any other required documents at the time of application for a
building/zoning permit.
(b)
The regulations listed below shall not apply to the following:
(c)
Grilling or cooking using charcoal, wood, propane or natural
gas in cooking or grilling appliances.
(d)
Approved outdoor recreational fires.
(e)
Burning in a stove, furnace, fireplace, or other heating device
within a building used for human or animal habitation.
(f)
The legal use of propane, acetylene, natural gas, gasoline or
kerosene in a device intended for heating, construction or maintenance
activities.
(g)
The following items shall not be burned in an outdoor hydronic
heater:
(h)
Treated or painted wood; furniture, trash, rubbish or garbage,
tires, lawn clippings, woody yard wastes, plastic materials, rubber
materials, waste petroleum products, paints and paint thinners, chemicals,
hazardous wastes, coal, paper wastes, construction or demolition debris,
plywood, particleboard, manure, animal carcasses.
(i)
Fuel requirements for outdoor hydronic heaters; the materials
listed below shall be the only materials allowed to be used for fuel:
(j)
Clean wood, corn, wood pellets made from a clean wood, home
heating oil, natural gas, or propane that complies with all applicable
sulfur limits and is used as a starter or supplemental fuel for dual-fired
outdoor hydronic heaters or any other materials located in a manufacturers
list of specifications so long as the material is not prohibited by
the previous subsection.
(k)
Any outdoor hydronic heater shall be located on the same parcel
or plot of land of record in which the principal use is located with
the exception that power lines or any related equipment to the outdoor
hydronic heater may be located on an adjoining parcel or plot of land
of record, provided it will comply with all applicable virtual net
metering laws of a public utility provider.
(l)
No more than one outdoor hydronic heater shall be permitted
per lot.
(m)
Outdoor hydronic heaters shall meet the certification standards
of the voluntary program of the Environmental Protection Agency (EPA)
for Phase 2 air emission levels of no more than 0.32 pounds of fine
particulates per million British Thermal Units (BTUs) heat input and
any amendments or modifications made hereafter.
(o)
Outdoor hydronic heaters shall be located a minimum of 150 feet
from any side or rear property line.
(p)
No outdoor hydronic heater shall be located between the principal
structure on the property and the public street right-of-way; notwithstanding
the aforesaid requirement, the minimum setback from the ultimate public
street right-of-way shall be no less than 150 feet.
(q)
If an outdoor hydronic heater is proposed to be located within
100 feet of any historic structure as may be designated by the Borough
or determined to be eligible for listing on the National Register
of Historic Places by the Pennsylvania Historical and Museum Commission
or the National Park Service, such outdoor hydronic heater shall be
subject to conditional use approval at the sole discretion of the
Borough upon a finding that the proposed system will not adversely
impact the historical significance or landscape context of the subject
historic structure or historic resource.
(r)
No person shall install an outdoor hydronic heater unless it
has a permanent attached stack with a minimum stack height of 10 feet
above the ground that also extends at least two feet above the highest
peak of any residence located less than 150 feet from the outdoor
hydronic heater.
(s)
No signage or any form of advertising shall be utilized or attached
to an outdoor solid-fuel fired boiler. This requirement shall not
include the make and model description of the outdoor hydronic heater,
manufacturers' required hangtags or warning signs, the hangtags indicating
EPA air quality specifications, or other signage that is required
by law.
(t)
No person shall use or operate a new or existing outdoor wood-fired
boiler between the dates of May 1 and September 30.
(u)
All outdoor hydronic heaters shall be installed, operated and
maintained in strict compliance with all emissions of air quality
standards promulgated by EPA, the DEP, or other relevant state or
federal agency, including emissions of dust and particulates.
(v)
In the event that an outdoor hydronic heater is damaged or it
is physically deteriorated or decayed to the point where it no longer
is compliant with this section, said heater must be removed and/or
replaced with a new unit within 60 days of the date that notice is
received from the Zoning Officer. In the event of replacement, all
provisions of this chapter in effect at the time of replacement shall
be complied with.
(w)
In the event the outdoor hydronic heater is abandoned, the boiler,
electrical wires, and any related equipment and structures shall be
dismantled and removed from the property within 60 days of the date
it was abandoned.
(x)
Outdoor hydronic heaters shall comply with all applicable regulations
of the Uniform Construction Code.
HH. Retail store (>5,000 square feet).
(1)
Blank walls shall not be permitted along any exterior wall facing
a street, parking area, or walking area. Walls or portions of walls
where windows have not been provided shall have architectural treatments
that are similar to the front facade, including materials, colors,
and details.
(2)
Upper story windows of front facades shall not be boarded or
covered and shall comprise a minimum of 35% window area in the facade
above the ground floor and a maximum of 75%.
(3)
Building types shall be compatible to the historic architecture
of the area in their massing and external treatment.
(4)
Buildings shall attempt to maintain the horizontal rhythm adjacent
facades by using a similar alignment of windows, floor spacing, cornices,
awnings as well as other elements. This rhythm shall be achieved by
aligning the top, middle, and base floors.
(5)
In the Central Business District only, buildings shall have
a three to five-foot break in depth for every 50 feet of continuous
facade. Such breaks may be met through the use of bay windows, porches,
porticos, building extensions, towers, recessed doorways, and other
architectural treatments.
II. Retirement community.
(1)
The site proposed for a retirement community, as defined herein,
shall have frontage on and direct vehicular access to a street classified
as an arterial or collector street. Access to local Borough streets
shall not be permitted, except that a secondary controlled "emergency
only" access may be provided from a local Borough street, if approved
by the Borough.
(2)
A retirement community may include any combination of the following
dwelling types:
(c)
Townhouses, subject to § 170-603(Q).
(d)
Garden apartments, subject to § 170-603(Q).
(3)
In addition to the foregoing dwelling types, a retirement community
shall include the following supporting uses:
(a)
Common leisure and/or recreational areas.
(4)
In addition, a retirement community may include one or more
of the following supporting uses, subject to approval by the Borough:
(a)
Postal station for use of the residents and staff only;
(b)
Banking facility for use of the residents only;
(c)
Pharmacy and/or medical offices for use of the residents only;
(d)
Personal services for the use of the residents only, including
beauty shop, barbershop, common laundry facilities, dry cleaning,
valet;
(e)
Ice cream parlor and/or florist/gift shop for the use of residents
and their invited guests only;
(f)
Personal care boarding home licensed by the commonwealth;
(g)
Nursing home licensed by the commonwealth;
(h)
Elderly day-care center licensed by the commonwealth;
(i)
Taxi, van or similar transportation services for the residents.
(5)
No principal structure shall be less than 20 feet from any property
line of the development site.
(6)
Buffer Area "B," as defined by §
170-503A of this chapter shall be provided along all property lines adjoining the R-1 Zoning District.
(7)
There shall be a minimum of one parking space for each dwelling unit plus one parking space for each employee on peak shift. In the event that a nursing home or personal care boarding home is proposed, parking shall be provided in accordance with the requirements of Article
8 of this chapter for those uses. Additional parking for the supporting uses intended for the residents and their invited guests shall not be required.
(8)
Sidewalks shall be provided to connect buildings, common outdoor
areas and parking areas.
(9)
The site design shall include outdoor common areas, gathering
places and passive or active recreation facilities appropriate to
the needs of the residents. Common outdoor areas shall be attractively
landscaped.
JJ. Schools (includes public/private, primary or secondary).
(1)
Minimum lot area: 20,000 square feet.
(2)
No outdoor play areas or facilities shall be within 15 feet
of a residential lot line.
KK. Self-storage facilities.
(1)
Outdoor storage shall be limited to recreational vehicles, boats
and trailers. No junk vehicles shall be stored within view of a public
street or a dwelling.
(2)
Trash, radioactive or highly toxic substances, garbage, refuse,
explosives or flammable materials, hazardous substances, animal carcasses
or skins, or similar items shall not be stored.
(3)
Interior traffic aisles shall be kept clear of obstructions
to emergency vehicles.
(4)
Adequate lighting shall be provided for security, but it shall
be directed away or shielded from any adjacent residential uses.
(5)
Any outdoor storage or garage doors within 200 feet of a street right-of-way and visible from the street shall be screened from that street by Buffer Area "C", as defined by §
170-503A of this chapter. Any fencing shall be placed on the inside of the plantings.
(6)
Minimum separation between buildings shall be 20 feet. Maximum
length of any building shall be 300 feet.
(7)
Outdoor storage facilities shall be completely fenced in, with
a locking gate system, using a chain-link-type fence. Fence shall
be a minimum of six feet in height and a maximum of 10 feet in height.
(8)
Fences along property lines of residential uses shall have screens
installed for privacy. Solid fences may be used with the approval
of the Borough Council.
LL. Shopping center.
(1)
The primarily vehicle route into and through the site should
be directed away from the primary pedestrian routes into the main
doors of the commercial uses.
(2)
The development shall consist of a harmonious selection of uses,
and groupings of buildings, service and parking area, circulation
and open spaces, planned and designed as an integrated unit in such
manner as to constitute a safe, efficient and convenient retail shopping
center or related planned business development.
(3)
Buffer Area "B," as defined by §
170-503A of this chapter, shall be provided along all property lines adjoining residential use or zoning classification.
(4)
A strip of the required front yard area not less than 10 feet
in width, measured from the street line, shall be suitably landscaped
except for necessary sidewalks and accessways and may include a wall
not more than four feet in height.
(5)
No storage of materials, equipment or goods shall be permitted
outside a building, and no merchandise shall be displayed on the exterior
of a building, except in conformance with the following regulations.
(6)
Only merchandise intended for immediate sale shall be displayed
on the sidewalk in front of any store. At least eight feet of sidewalk
shall remain unobstructed for pedestrian use between the merchandise
or display and the curb.
(7)
All areas proposed for storage or display purposes shall be
enclosed in a suitable fence or plant screen, located adjacent to
the main building in such a manner as to prevent a view of the stored
items from any adjacent property at ground level, and placed in such
a manner as to control pedestrian and vehicular movement in the area.
(8)
Adequate provisions shall be made for safe and efficient pedestrian
and vehicular traffic circulation within the boundaries of the shopping
center. Such provisions shall include raised curbs or medial walkways
which shall prohibit vehicles from straying from their designated
circulation routes. Also, these walkways shall be suitably planted
to help reinforce the proper routing of traffic and add to the overall
appearance of the shopping center.
(9)
All access roads, parking area, service and other areas for
vehicular use shall be paved with bituminous, concrete material or
other hard surface material meeting specifications acceptable to the
Borough Engineer.
(10)
The proposed development shall be served by public sewer and
water facilities.
(11)
If the development of the shopping center is to be carried out
in progressive stages, each stage shall be so planned that the foregoing
requirements and the intent of this chapter shall be fully complied
with at the completion of any stage.
MM. Landfill/solid waste transfer facility, solid waste landfill or solid
waste-to-energy facility.
(1)
All solid waste storage, disposal, incineration or processing
shall be at least 100 feet from the following: public street right-of-way,
exterior lot line, 100-year floodplain, edge of a surface water body
(including a water filled quarry) or wetland of more than 1/2 acre
in area.
(2)
All solid waste storage, disposal, incineration or processing
shall be a minimum of 300 feet from any residential district, perennial
creek, publicly owned park or any existing dwelling that the applicant
does not have an agreement to purchase.
(3)
No burning or incineration shall occur, except within an approved
waste to energy facility.
(4)
Any facility shall be operated in such a manner to prevent the
attraction, harborage or breeding of insects, rodents or vectors.
(5)
Gates. Secure gates, fences, earth mounds and/or dense vegetation
shall prevent unauthorized access.
(6)
Adequate means of emergency access shall be provided.
(7)
For a solid-waste-to-energy facility or solid waste transfer
facility: a) all loading and unloading of putrescent solid waste shall
only occur within an enclosed building, and over an impervious surface
drains to a holding tank that is then adequately treated, and b) all
solid waste processing and storage shall occur within enclosed buildings
or enclosed containers.
(8)
Buffer Area "A," as defined by §
170-503A of this chapter, shall be provided along all property lines.
NN. Tattoo parlor and body piercing establishment.
(1)
The building area occupied by a tattoo and body piercing establishment
shall not be located within 1,000 feet from the closest building area
occupied by another tattoo and body piercing establishment.
(2)
Tattoo and body piercing establishments shall not be located
on a lot within 500 feet, measured by a straight line in any direction,
from the lot line of a charter school, private school, or public school,
which provides elementary or secondary education. Instructional or
vocational schools are excluded from the separation requirement.
OO. Temporary uses or structures, other than construction trailers.
(1)
The proposed temporary use or structure shall be limited to
those uses or structures otherwise authorized in the zoning district.
(2)
Food trucks and other mobile retail facilities are not governed
by these requirements unless the facility will remain at the same
location for a period of time exceeding eight hours.
(3)
All temporary uses or structures proposed to be used as principal
uses or structures shall comply with all area and bulk regulations
of the zoning district in which they are located. All temporary uses
or structures which are proposed to be used as accessory uses or structures
shall comply with the requirements of the zoning district for accessory
structures.
(4)
Approval of temporary uses or structures shall be granted for
a specific time period not to exceed six months. If continued need
for the temporary use or structure on an annual basis is demonstrated
by the applicant, approval may be granted for annual renewal by the
Zoning Officer of the permit for the temporary use or structure, provided
all conditions of the original approval are maintained.
(5)
The preparation and/or serving of food in an outdoor setting
shall be permitted only if all of the following requirements are met:
(a)
The area used for preparing and serving the food shall not obstruct
any sidewalk or public right-of-way nor shall it obstruct the free
flow of pedestrian or vehicular traffic on the site or adjoining the
site. On any sidewalk, there shall be maintained a minimum of five
feet unobstructed width for the passage of pedestrians and, in the
case where there is parallel parking permitted along such sidewalk,
a minimum of four feet adjacent to the curb to permit the discharging
of passengers shall be provided. These required unobstructed areas
on the sidewalk may be combined into one area at least five feet wide
along the curb.
(b)
The area used for preparing and serving food shall not eliminate
the availability of any existing parking spaces on the site.
(c)
The site intended to be used for the preparation and/or serving
of food shall provide restroom facilities available to the public,
unless the existing business on the site has restroom facilities which
will be available to the public visiting the temporary use.
(d)
The activity shall comply with all applicable Borough codes
and ordinances.
(e)
The owner of the existing business or the operator of the temporary
use involving the preparation and/or serving of food in an outdoor
setting shall provide the Borough with a certificate of insurance,
in an amount at least equal to $2,000,000 per occurrence and $3,000,000
aggregate, indemnifying the Borough against any liability resulting
from such use.
(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 which are proposed to be accessible to the public shall provide off-street parking in accordance with the requirements of Article
8 for the proposed use.
(8)
Vehicular access for all temporary uses or structures which
are proposed to be accessible to the public shall be designed to minimize
congestion on the lot and not impede the free flow of traffic for
any other permanent use or structure on the lot.
PP. Treatment center.
(1)
The applicant shall submit with its application a plan outlining
in detail the management of the facility. This shall include information
on personnel, supervision, hours of operation, services provided,
rules and regulations, and any other information pertinent to the
operation of the facility.
(2)
The facility must comply with all applicable fire, housing,
building, property maintenance, and health codes, and all regulations
pertaining to transient occupancy with respect to emergency lighting,
smoke detectors, exit lights, and other safety devices.
(3)
Any food preparation, service, or distribution shall be licensed
and inspected.
(4)
All services provided on-site shall be contained within the
structure and operated by a nonprofit, charitable, or for-profit organization.
(5)
The applicant shall provide a written description of all conditions
(such as criminal parolees, alcohol addiction) that will cause persons
to occupy the use during the life the permit. Any future additions
to this list shall require an additional approval.
(6)
Borough Council may place conditions upon the use to protect
public safety, such as conditions on the types of residents and security
measures.
(7)
Shall not be located within 1,000 feet of an existing treatment
center.
(8)
Shall be located a minimum of 500 feet from a lot line of a
lot occupied by each of the following: a school, public park or playground
or day-care center.