Borough of Canonsburg, PA Express Standards for Specific Uses

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.

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.

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.

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of a valid permit and shall not apply when an application for a permit is submitted after a permit has expired or has been revoked.

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.

Liquor or intoxicating beverages shall not be sold on the premises for which the permit is sought.

Animal day care.

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.[1] Such procedures shall be followed for the life of the business and shall prevent animal behavior that impacts surrounding uses, including excessive barking.

Editor's Note: See 3 P.S. § 459-101 et seq.

The applicant shall furnish evidence of effective means of animal waste collection and disposal which shall be continuously implemented.

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.

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.

Animals shall be permitted to exercise within outdoor exercise areas daily between the hours of 8:00 a.m. and 8:00 p.m.

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.

Animal hospital, shelter or veterinary clinic.

All activities shall take place within a completely enclosed structure.

All structures shall be completely soundproofed and air conditioned.

No outdoor play areas or runs shall be permitted.

Apartments.

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:

Two-bedroom: 900 square feet.

Three-bedroom: 1,200 square feet.

Each dwelling unit shall contain within the unit a complete kitchen, toilet and bathing facilities.

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.

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.

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.

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.

Two off street parking space shall be provided for every unit.

Auto, boat or mobile/manufactured home sales and rental.

No vehicle, boat or home on display shall occupy any part of the street right-of-way or required customer parking area.

Any mobile/manufactured homes on a sales site shall meet the required principal building setbacks.

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.

Auto body/repair shops and service stations.

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.

Buffer Area "C," as defined by § 170-503A of this chapter, shall be provided to screen the outdoor storage of vehicles from public view.

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.

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.

A new use shall have sufficient off-street parking for customer vehicles.

Bed-and-breakfast inn.

The minimum lot area required shall be 10,000 square feet.

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.

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.

The bed-and-breakfast must meet all Borough requirements for health, fire, and building safety.

The maximum uninterrupted length of stay shall be 14 days.

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.

In addition to the parking required for the dwelling, one parking space shall be provided for each sleeping room offered to overnight guests.

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.

Billboards. All billboards shall be subject to the regulations contained in Article 8 of this chapter.

Boardinghouse (includes rooming house).

The minimum lot size shall be 10,000 square feet.

The minimum side yard shall be 10 feet.

Occupancy shall not exceed two persons per sleeping room.

No more than three sleeping rooms may share one bathroom facility.

One additional off-street parking space shall be required for each sleeping room.

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

Car wash.

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.

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.

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.

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

Any car wash which also dispenses gasoline shall meet all applicable requirements of § 170-603S governing gas stations.

Cemetery.

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.

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.

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.

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.

Communications tower.

The applicant shall demonstrate that it is licensed by the Federal Communications Commission (FCC) to operate a commercial communications tower.

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:

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.

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.

Existing buildings, commercial communications towers or other structures do not have adequate space to accommodate the proposed equipment.

Addition of the proposed equipment would result in NIER (nonionizing electromagnetic radiation) levels which exceed any adopted local, federal or state emission standards.

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).

The applicant for the communications tower shall demonstrate compliance with all applicable Federal Aviation Administration (FAA) and any applicable airport zoning regulations.

The maximum height of a communications tower shall be 150 feet.

The applicant shall demonstrate that the proposed height of the communications tower is the minimum height necessary to function effectively.

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.

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.

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.

Equipment cabinets and equipment buildings shall comply with the height and yard requirements of the Zoning District for accessory structures.

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).

Contractors business. There shall be no outside storage of materials or equipment in the Mixed Use Zoning District.

Crematorium.

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.

All emissions must meet the requirements of the Pennsylvania Department of Environmental Protection as part of their permitting requirements.

Hours of operation shall be limited to 7:00 a.m. to 7:00 p.m. Monday through Friday.

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.

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.

Bodies shall be cremated in wooden/crate containers only and with plastic that does not create toxic emission (no halogenated plastics).

When cremations are taking place, an operator certified to operate the crematorium shall be on-site.

Day-care center (adult).

Shall be fully licensed by the state, if required by the state.

Shall include constant supervision during all hours of operation.

Shall not meet the definition of a "treatment facility."

Day-care center (child) and preschool facility.

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.

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.

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.

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.

Activities shall be limited to functions normally associated with part-time tending of children and shall not include overnight or drop-in care.

A minimum of one on-site parking space shall be provided for each 300 square feet of floor area dedicated to child care.

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).

The site shall have direct access to an arterial or collector road as defined by the zoning ordinance.

A minimum of one safe dropoff space shall be provided for each 20 children that the facility is licensed to accommodate.

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).

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.

Dwelling, multifamily.

Townhouses shall adhere to the following:

The maximum number of dwelling units in any townhouse building shall be five.

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.

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.

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.

Garden apartments and high-rise apartments shall adhere to the following:

The maximum number of dwelling units in any garden apartment building shall be 24.

The distance between multifamily dwellings on the same lot shall be not less than 25 feet.

The proposed development shall be served by a public sanitary sewer system.

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.

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.

Buffer Area "A," as defined by § 170-503A of this chapter, shall be provided along all property lines adjoining residential use or zoning classification.

Funeral home.

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.

A parking lot shall not be located between the principal building and the front of the lot.

Any crematorium as an accessory use shall also meet the regulations for such use in this section.

Gas station.

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

This use may include a single bay car wash as an accessory use.

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.

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.

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.

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.

Buffer Area "B," as defined by § 170-503A of this chapter, shall be provided along all property lines adjoining residential use or zoning classification.

Group care facility, personal care boarding home or transitional dwelling.

Shall have frontage on and direct vehicular access to an arterial or collector street.

One off street parking space shall be provided for every resident, plus one additional for a manager's unit, if provided.

The maximum number of residents housed in a Personal Care Boarding Home or Transitional Dwelling shall be 10.

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.

Adequate provisions shall be made for access for emergency medical and firefighting vehicles.

Twenty-four-hour supervision shall be provided by staff qualified by the sponsoring agency.

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.

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.

Heliport.

Helipads shall be located at least 250 feet from any property line or public street.

Helipads accessory to a hospital shall be limited to use by emergency vehicles and health system personnel.

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.

The helicopter landing pad shall be clearly marked with the insignia commonly recognized to indicate a private-use helipad.

The helicopter landing pad shall be paved, level and maintained dirt-free. Rooftop pads shall be free of all loose stone and aggregate.

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.

Lighting shall be shielded away from adjacent properties and streets.

Hospital, clinic, assisted living or nursing home.

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.

The property shall be served by public water and public sewers.

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.

Water pressure and volume shall be adequate for fire protection.

Ingress, egress and internal traffic circulation shall be designed to ensure access by emergency vehicles.

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.

Assisted living and nursing homes shall have a bed capacity of at least 20 beds, but no more than 200 beds.

Buffer Area "A," as defined by § 170-503A of this chapter shall be provided along all property lines adjoining residential use or zoning classification.

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).

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.[2]

Editor's Note: So in original; see also § 170-603U.

Hotel or motel.

The minimum lot size shall be 20,000 square feet.

May include recreational facilities for use by guests only.

May include an on-site restaurant within the hotel/motel that may or may not be available to the general public.

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.

Buffer Area "B," as defined by § 170-503A of this chapter, shall be provided along all property lines adjoining residential use or zoning classification.

Rooftop mechanicals shall be screened from public view.

Dumpsters shall be completely enclosed by a wall or solid fence at least six feet in height.

Junkyard (includes automobile salvage yard).

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

Outdoor storage of junk shall be at least:

One hundred feet from the lot of any dwelling;

Forty feet from any other lot line and the right-of-way of any public street;

One hundred feet from the center line of any waterway; and

Five feet away from a drainage swale.

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.

Burning or incineration is prohibited.

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.

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.

Kennel/animal shelter.

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.

Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot routinely be heard within adjacent residential dwellings.

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.

Outdoor animal areas must be a minimum of 20 feet from any property line.

A kennel may be used for breeding and may include pet services as an accessory use.

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.

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.

Manufactured home park.

The minimum tract area shall be 30,000 square feet, which shall be under single ownership.

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.

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.

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.

The minimum separation between homes and edge of interior street cartway or parking court cartway shall be 25 feet.

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

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.

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.

A dispensary that provides medical marijuana may not operate on the same site as a facility used for growing and processing medical marijuana.

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.

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.

A medical marijuana dispensary shall:

Not have a drive-through service;

Not have outdoor seating areas;

Not have outdoor vending machines;

Prohibit the administering of or the consumption of medical marijuana on the premises;

Not offer direct or home delivery service.

A medical marijuana dispensary may dispense controlled substances only to certified patients and caregivers and shall comply with all lawful, applicable health regulations.

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.

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.

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.

Buffer Area "A" is required where a clinic adjoins a residential use or district.

BB.

Medical marijuana growth/processing facility.

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.

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.

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.

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.

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.

Grower/processors may not locate within 1,000 feet of the property line of a public, private, or parochial school or day-care facility.

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.

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.

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:

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);

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;

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.

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.

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.

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.

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.

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:

The chain-link fence shall be at least eight feet in height;

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;

The chain-link shall be dark green or black steel wire;

The chain-link fence shall have, at a minimum, eleven-gauge thickness;

Posts and rails shall be black or dark green standard socket construction or similar design;

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;

All chain-link fences shall be equipped with at least two gates.

Fencing shall be equipped with interlocking opaque slats, mesh, or other screening material approved by the Borough.

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.

Permit applications must include:

A description of proposed site or modification to an existing site with identification whether the site is located in a wetland or floodplain;

Anticipated construction start and completion date;

A plot plan of the site showing a clearly marked scale, all property lines, all buildings, water wells, water sources and rights-of-way;

The applicant shall apply for a Borough-assigned address at the time of building permit application;

Any and all additional requirements that may be modified or added by subsequent ordinance or required by Pennsylvania law.

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.

The applicant shall apply for a road use maintenance agreement, pay the prescribed fee, and adhere to all conditions set forth in the agreement.

For compressor stations and processing plants, the following minimum setback distances must be adhered to:

The minimum distance to any protected use shall be 1,000 feet;

The minimum distance to any public or private school shall be 2,500 feet;

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:

Applicant name.

Unit name.

Borough-assigned address.

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.

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.

The pawn shop shall fully comply with recordkeeping requirements of the State Pawnbrokers License Act, as amended,[3] and such records shall be available for review by the Borough Police upon request.

Editor's Note: See 63 P.S. § 281-1 et seq.

EE.

Place of worship.

Minimum lot area: 10,000 square feet in a residential district.

Permitted accessory uses may include:

Primary or secondary school.

Day-care center.

Gymnasium/recreational facility.

Kitchen.

Parsonage, parish house or rectory.

Other uses that are customarily accessory to religious uses and places of worship.

Accessory uses shall be on the same lot as the primary religious use/place of worship and shall meet the following requirements:

Accessory uses shall meet area and bulk requirements of the zoning district in which they are located.

Accessory uses shall be set back a minimum of 20 feet from a residential use or district.

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.

Off-street parking shall be in accordance with Article 8.

FF.

Public utility building or structure.

Maintenance vehicles shall be stored within a completely enclosed building.

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.

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.

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.

Solar energy systems (small).

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.

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.

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.

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.

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.

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.

Ground-mounted solar energy systems.

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.

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.

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.

Roof-mounted solar energy systems.

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.

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.

Roof-mounted solar energy systems shall not be counted as adding to any impervious coverage calculation.

All electric and utility lines associated with the solar energy system shall be buried underground.

Any installation of a solar energy system shall comply with all applicable standards of the Uniform Construction Code.

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:

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.

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.

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.

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.

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.

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.

Solar energy systems (large).

The minimum lot size for any large solar energy system shall be five acres.

The landowner and/or applicant shall present the following evidence to Borough Council at the hearing for a large solar energy system:

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.

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.

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.

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.

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.

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.

Solar energy systems shall not be artificially lighted except to the extent required for safety or by any applicable federal, state or local authority.

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.

Solar energy systems shall be located where there is a means of vehicular access from a public or private street.

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.

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.

A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.

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.

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.

Wind energy system (small).

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.

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.

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.

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.

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.

If guy wire anchors are required, they shall be set back a minimum of 10 feet from any side and rear property lines.

All electric and utility lines associated with the turbine shall be buried underground.

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.

The turbine shall not generate noise which exceeds 60 decibels at any property line.

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.

The co-location of wireless communication antennas on a turbine tower shall not be permitted.

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.

The installation of the turbine shall meet all applicable requirements of the Uniform Construction Code.

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.

No lighting, unless required by any FAA requirements, shall be utilized or attached to the turbine.

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.

Wind energy system (large).

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.

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.

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.

The turbine shall not generate noise which exceeds 60 decibels at any property line.

All on-site utility and transmission lines extending to and from the large wind energy system shall be placed underground.

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.

No lighting, unless required by any FAA requirements, shall be utilized or attached to the turbine.

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.

A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations or fence.

All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by nonauthorized persons.

No portion of any large wind energy system shall extend over parking areas, access drives, driveways or sidewalks.

The minimum height between the lowest portions of the wind turbine shall be 30 feet above ground.

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.

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.

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.

Outdoor hydronic heaters.

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.

The regulations listed below shall not apply to the following:

Grilling or cooking using charcoal, wood, propane or natural gas in cooking or grilling appliances.

Approved outdoor recreational fires.

Burning in a stove, furnace, fireplace, or other heating device within a building used for human or animal habitation.

The legal use of propane, acetylene, natural gas, gasoline or kerosene in a device intended for heating, construction or maintenance activities.

The following items shall not be burned in an outdoor hydronic heater:

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.

Fuel requirements for outdoor hydronic heaters; the materials listed below shall be the only materials allowed to be used for fuel:

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.

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.

No more than one outdoor hydronic heater shall be permitted per lot.

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.

Setback requirements.

Outdoor hydronic heaters shall be located a minimum of 150 feet from any side or rear property line.

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.

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).

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.

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%.

Building types shall be compatible to the historic architecture of the area in their massing and external treatment.

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.

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.

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.

A retirement community may include any combination of the following dwelling types:

Single-family dwellings.

Two-family dwellings.

Townhouses, subject to § 170-603(Q).

Garden apartments, subject to § 170-603(Q).

In addition to the foregoing dwelling types, a retirement community shall include the following supporting uses:

Common leisure and/or recreational areas.

Common dining area.

In addition, a retirement community may include one or more of the following supporting uses, subject to approval by the Borough:

Postal station for use of the residents and staff only;

Banking facility for use of the residents only;

Pharmacy and/or medical offices for use of the residents only;

Personal services for the use of the residents only, including beauty shop, barbershop, common laundry facilities, dry cleaning, valet;

Ice cream parlor and/or florist/gift shop for the use of residents and their invited guests only;

Personal care boarding home licensed by the commonwealth;

Nursing home licensed by the commonwealth;

Elderly day-care center licensed by the commonwealth;

Taxi, van or similar transportation services for the residents.

No principal structure shall be less than 20 feet from any property line of the development site.

Buffer Area "B," as defined by § 170-503A of this chapter shall be provided along all property lines adjoining the R-1 Zoning District.

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.

Sidewalks shall be provided to connect buildings, common outdoor areas and parking areas.

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).

Minimum lot area: 20,000 square feet.

No outdoor play areas or facilities shall be within 15 feet of a residential lot line.

KK.

Self-storage facilities.

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.

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.

Interior traffic aisles shall be kept clear of obstructions to emergency vehicles.

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

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.

Minimum separation between buildings shall be 20 feet. Maximum length of any building shall be 300 feet.

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.

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.

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.

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.

Buffer Area "B," as defined by § 170-503A of this chapter, shall be provided along all property lines adjoining residential use or zoning classification.

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.

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.

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.

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.

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.

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.

The proposed development shall be served by public sewer and water facilities.

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.

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.

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.

No burning or incineration shall occur, except within an approved waste to energy facility.

Any facility shall be operated in such a manner to prevent the attraction, harborage or breeding of insects, rodents or vectors.

Gates. Secure gates, fences, earth mounds and/or dense vegetation shall prevent unauthorized access.

Adequate means of emergency access shall be provided.

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.

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.

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.

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.

The proposed temporary use or structure shall be limited to those uses or structures otherwise authorized in the zoning district.

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.

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.

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.

The preparation and/or serving of food in an outdoor setting shall be permitted only if all of the following requirements are met:

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.

The area used for preparing and serving food shall not eliminate the availability of any existing parking spaces on the site.

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.

The activity shall comply with all applicable Borough codes and ordinances.

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.

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.

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.

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.

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.

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.

Any food preparation, service, or distribution shall be licensed and inspected.

All services provided on-site shall be contained within the structure and operated by a nonprofit, charitable, or for-profit organization.

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.

Borough Council may place conditions upon the use to protect public safety, such as conditions on the types of residents and security measures.

Shall not be located within 1,000 feet of an existing treatment center.