[Ord. 687, 10/6/1986, § 601]
The purpose of special use regulations is to provide additional
standards for controlling the unique or special characteristics of
certain uses which otherwise conform to uses permitted in their respective
districts.
[Ord. 687, 10/6/1986, § 602]
Decisions for granting or denying special use permits shall
be made by the Zoning Hearing Board as provided for in Part 10, "Zoning
Hearing Board."
A.
Decisions of the Board shall be made pursuant to standards and criteria
expressed in this Part, to regulations for the respective districts
in which the uses are located and to all other requirements of this
Chapter. The Board shall grant an approval for a special use only
if it finds adequate evidence that the proposed use meets both the
general and specific requirements for such use.
B.
Site Plan. A plan for the proposed development of a site for a special
use shall be submitted with the application for a special permit.
Such plan shall show the location of all buildings, open spaces, parking
areas, traffic access and circulation, landscaping and any other information
required for determining the conformance of the special use with the
regulations for that use.
C.
General Standards. Decisions for granting all special exception uses
shall be guided by the following general standards:
(1)
The proposed use shall not jeopardize the objectives of the
Comprehensive Plan.
(2)
Public services and facilities such as streets, sewers, water,
police and fire protection shall be adequate for the proposed use.
(3)
Existing and future streets and access to the site shall be
adequate for emergency services, for avoiding undue congestion and
for providing for the safety and convenience of pedestrian and vehicular
traffic.
(4)
The relationship of the proposed use to other activities existing
or planned in the vicinity shall be harmonious in terms of the location
and size of the site relative to the proposed operation and the nature
and intensity of the operation involved.
(5)
The relationship of the proposed use to other activities existing
or planned in the vicinity shall be harmonious in terms of the character
and height of buildings, walls and fences so that property is not
impaired.
(6)
The proposed use shall not be more objectionable in its operations
in terms of noise, fumes, vibrations, smoke, fly ash or flashing lights
than would be the operations of any permitted use in the district.
(7)
Any other reasonable conditions and safeguards, in addition
to those expressed in this Chapter, may be imposed by the Board if
the Board deems it necessary for implementing the purposes of the
Pennsylvania Municipalities Planning Code (Act 247, as amended) and
this Zoning Chapter.
[Ord. 687, 10/6/1986, § 603; as amended by Ord.
709, 9/12/1988, § 13; by Ord. 841, 12/19/2001; by Ord. 847,
7/8/2002; by Ord. 854, 1/13/2003, § 16; by Ord. 885, 5/23/2005,
§ 6; and by Ord. 909, 12/20/2007]
Uses permitted by special exception in this Chapter include
the following for which additional regulations are prescribed:
A.
Apartments (R-C and R-S Districts). Apartments of no more than four
units per structure shall be permitted provided 7,500 square feet
of lot area per dwelling unit are also provided. Requirements for
lot coverage, yards, and building heights of the district in which
apartments are to be located shall be met.
B.
Churches and Similar Places of Worship (BC, R-S, R-U, H-D and C-R
Districts). Churches and similar places of worship shall be located
on arterial or collector streets and shall have a minimum lot width
of 100 feet and minimum front, side and rear yards of 25 feet. A buffer
area and screen planting, as found in the Supplementary Regulations,
shall be provided adjacent to any property for residential purposes
but such screening shall be located on the same lot as the place of
worship.
[Amended by Ord. 959, 11/10/2014]
C.
Clubs and Lodges (H-C, C and C-R Districts). Private social clubs
or lodges shall not be conducted as a commercial business or as a
residence and shall be used only by members and their authorized guests.
A buffer area and screen planting, as found in Part 8, "Supplementary
Regulations," shall be provided adjacent to any property used for
residential purposes but such screening shall be located on the same
lot as the club or lodge.
D.
Cluster Dwellings (R-C, R-S and H-C Districts). Single and multiple-unit
dwellings may be clustered together on a single lot provided that:
(1)
The cluster arrangement preserves open space.
(2)
The total area of the site is not less than the total area that
would be required if the dwellings were placed on individual lots
in the respective districts.
(3)
The general requirements for lot coverage and yards of the district
in which cluster dwellings are to be located shall not apply in the
case of cluster dwellings and the yard setback requirements need not
be complied with between individual dwelling units, where the cluster
dwelling building containing such individual dwelling units is located
on more than one adjacent lot.
E.
Community Living Facilities (H-D, C and C-R Districts). Community
living facilities shall be permitted under the following conditions:
(1)
Such a facility may be operated by any incorporated, public
or private, profit or not-for-profit organization, society or association,
including any agency of a County, County institution district or municipality
and person as defined in Articles IX and X of the Public Welfare Code
for which standards have been developed. Such a facility shall hold
a current license under that Code.
(2)
In the H-D, C, and C-R Districts community living facilities
shall be limited to 12 unrelated individuals, not including supervisors.
(3)
The facility shall have on file an inspection report indicating
compliance with State and local requirements of the agencies responsible
for enforcing health, sanitation and fire and panic regulations.
(4)
The use of a dwelling as a community living facility shall not
include its use for offices or meetings of the organization operating
the facility.
F.
Conversion Apartments (R-C and R-S Districts). The conversion of
any existing building into more than one dwelling unit shall conform
to the following:
(1)
The minimum habitable floor area shall be as required by Part
8, "Supplementary Regulations."
(2)
The building, when converted, shall conform to the height, yard
and coverage regulations set forth in Part 5, "District Regulations."
(3)
Fire escapes, where required, shall be located at the rear of
the building.
G.
[Reserved]
H.
Elder Family Accessory Dwelling (R-C, R-S and R-U Districts). When application is made for a special exception for use of property as an elder family accessory dwelling as defined in this Part, the Board shall give due consideration to the purposes of this use and the other regulations applicable thereto which are set forth in § 27-801(9). The Board shall make findings of fact regarding the nature of the proposed use and structure or alteration, and conclusions of law regarding the consistency of the proposed use and structure or alteration with the said statement of purposes and additional regulations set forth in § 27-801(9). If the Board concludes that the proposed use and the proposed structure or alteration, as the case may be, are consistent with the said purposes and additional regulations appertaining to elder family accessory dwellings, then a special exception shall be granted. In the R-U District, these special exception regulations apply only in the case of elder family accessory dwellings consisting of a separate building proposed to be placed on the same lot with the primary dwelling structure, since conversion apartments and multiunit dwellings are, in any event, permitted uses in that District.
I.
Essential Service Buildings and Structures (R-S, R-U, H-D and C-R
Districts). Essential service buildings and structures, including
transformer stations and substations, switching centers, pumping stations,
sewage treatment plants and telephone exchanges, shall conform with
the following:
(1)
Such building or structure location is shown to be necessary
in the residential district where it is proposed to be located.
(2)
No business office or storage yard or storage building is to
be operated in connection with it.
(3)
A fifty-foot buffer area with screen planting, as found in Part
8, "Supplementary Regulations," shall be provided around the property
with the exception of the access drive.
(4)
At least two parking spaces are provided for vehicles of employees
who service such facilities.
J.
Golf Driving Ranges and Miniature Golf (H-C District). All driving
ranges and miniature golf ranges shall conform to the following regulations:
(1)
No range shall be located closer than 100 feet to any property
line or directed toward any street or highway.
(2)
A buffer area and screen planting, as found in Part 8, "Supplementary
Regulations," shall surround the property except for access drives,
the buffer shall be at least 50 feet in depth.
(3)
Circulation and parking areas, as found in Part 8, "Supplementary
Regulations," shall be provided on the site but not in the buffer
area.
(4)
Storm drainage from the site shall be channeled to natural drainage
courses and away from adjoining properties.
(5)
Lighting installations shall be so arranged as not to increase
traffic hazards or to cause direct or glaring reflection onto adjoining
properties or roads.
(6)
Measures shall be taken to minimize noise.
K.
Home Occupations (R-C, R-S, R-U, H-D, C, C-W and C-R Districts).
(1)
A home occupation shall be an incidental use of a dwelling unit
or of a building or other structure accessory to a dwelling unit and
shall be conducted by a person or persons residing in the dwelling
unit and not more than one nonresident employee working on the premises.
Not more than 25% of the building floor area (including the floor
areas of both the principal and accessory structures) shall be used
for the home occupation.
(2)
The exterior appearance of the structure or premises shall be maintained in its residential character with the home occupation conducted entirely within the enclosed structure and with no goods publicly displayed on the premises other than a sign indicating the presence of the home occupation. The home occupation shall not involve display windows, the storage or sale of articles not produced on the premises, frequent truck deliveries or the production of offensive noise, smoke, vibration, dust, odors, heat or glare. Off-street parking requirements for both dwelling and home occupation uses shall be fulfilled in accordance with the regulations of Part 8, "Supplementary Regulations."
(3)
Home occupations may include an office or studio of a physician,
dentist, artist, photographer, architect, engineer, accountant, surveyor,
lawyer, realtor, insurance salesperson or member of some similar recognized
profession. This list is not all-inclusive, but is intended to serve
as a guide.
(4)
Home occupations may also include beauty and barber shops, dressmaking
and tailoring shops, appliance and lawnmower repair and tutoring and
music instruction for not more than two students at a time, but shall
not include, animal hospitals, commercial kennels or stables, funeral
homes, clothing shops, restaurants, dance studios, business schools
or automobile repair service. This list is not all-inclusive, but
is intended to serve as a guide.
L.
Hotels and Motels (C District). Hotels and motels shall meet the
following requirements:
M.
Hospitals (H-D District). Hospitals shall be licensed and shall meet
the following requirements:
(1)
The lot area shall be not less than 10 acres.
(2)
A buffer area and screen planting, as found in Part 8, "Supplementary
Regulations," shall be provided on the same lot as the hospital but
adjacent to any property used for residential purposes.
(3)
Service and emergency entrances shall be located at least 100
feet from any property line and shall be screened from view of adjacent
properties.
(4)
Hospitals shall be located only on arterial or collector streets.
N.
Lodges. [See "Clubs and Lodges."]
O.
Mobile Home Parks (R-C District). Mobile home parks shall meet the
following requirements:
(1)
A mobile home park shall have an area of at least two acres with a minimum width of not less than 200 feet. Its site location and layout shall conform to the requirements of the Subdivision and Land Development Ordinance [Chapter 22].
(2)
Buffer areas around the park shall be a minimum of 10 feet in
depth as measured at right angles to the tract boundary lines. This
space shall be used for no other purpose but landscaping, except where
roads cross it and evergreen trees at least three feet in height at
the time of planting shall be placed no less than 15 feet apart in
this space.
(3)
No more than 20% of the mobile home park tract shall be covered with buildings and at least 5% of the total area shall be developed for recreation use according to the specifications of the Subdivision and Land Development Ordinance [Chapter 22].
(4)
Mobile home park design and improvements shall also include laundromats, storage sheds and refuse storage facilities as well as sewerage, water and other utilities, as provided for in the Subdivision and Land Development Ordinance [Chapter 22].
(5)
A mobile home lot shall contain no more than one mobile home,
including its extensions and additions, and shall have access to a
street in the park. Each lot shall have a minimum area of 4,000 square
feet and a minimum width of 40 feet. The minimum front, side and rear
yards shall be 10 feet each. No more than 30% of any lot shall be
covered with structures.
(6)
Each mobile home lot shall be improved with a stand or pad, outdoor patio, anchoring facilities and paved parking areas according to the specifications of the Subdivision and Land Development Ordinance [Chapter 22].
(7)
The maximum height of any building in the park shall be 15 feet.
(8)
All mobile homes shall be provided with foundation skirting
of a material compatible with the outer finish of the home. Such skirting
shall be anchored at both the floor level of the home and the ground
level, with no appreciable gap at the ground level. All skirting shall
be maintained in good condition.
P.
Mortuaries (BC, H-D, C and C-R Districts). Mortuaries, crematories
and undertaking establishments shall have a minimum lot area of 30,000
square feet and shall accommodate all of the parking and loading requirements
as found in Part 8, "Supplementary Regulations." In addition, sufficient
area shall be provided for vehicular circulation on the premises and
for the assembly area for the procession beyond the street right-of-way
line. Loading and unloading areas for ambulances and hearses shall
be screened from view of adjacent properties by a solid wall or solid
fence or dense foliage at least six feet in height. Outside lights
shall be directed away from adjacent activities.
[Amended by Ord. 959, 11/10/2014]
Q.
Municipal Buildings (BC, C-R, C, H-C and I-P Districts). The minimum
size of the tract for any such building shall be 40,000 square feet.
A buffer area and screen planting, as found in Part 8, "Supplementary
Regulations," shall be provided adjacent to any property used for
residential purposes but such buffer area shall be on the same lot
as the municipal building.
[Amended by Ord. 959, 11/10/2014]
R.
Natural Resource Production Uses (R-C and I-P Districts). Natural
resource production uses shall meet the following requirements:
(1)
The lot or tract on which the use is located shall be no less
than 10 acres in size with a width of no less than 200 feet.
(2)
The minimum front, side, and rear setbacks shall be 100 feet
in depth as measured from the street line, from the side or rear district
lines, from a property line of any adjacent property in the same ownership
but different use or in different ownership but the same use. All
yard areas shall also serve as buffer areas landscaped in trees or
shrubbery and with no parking of vehicles or storage of equipment
and supplies allowed.
(3)
The maximum height of any building shall be 40 feet or three
stories, whichever is less, with exceptions for chimneys, conveyors,
crushers and other structures which are not buildings. No more than
10% of the tract shall be covered with buildings, whether principal
or accessory.
(4)
All activities and uses shall comply with performance standards
governing odors, fumes, dust, smoke, vibration, noise, soil erosion
and sedimentation and any other side effect of the natural resource
operation deemed injurious to the public health, safety and welfare
by such agencies as the U.S. Environmental Protection Agency (EPA),
the U.S. Soil Conservation Service (SCS), the Pennsylvania Department
of Environmental Protection (DEP) and the Pennsylvania Department
of Labor and Industry (DL&I).
(5)
Any natural resource operation involving mining, quarrying,
drilling or excavating shall be required to provide a six-foot fence
completely enclosing that activity on the property. Such a fence shall
be so constructed as to have openings no larger than six inches and,
if pickets are used, the openings shall not exceed six inches. Multi-flora
rose plantings may be used as fencing and, when used, the original
plants shall be at least 18 inches high and shall be placed in a double-staggered
row three on centers between plants.
(6)
No mining, excavating, drilling, lumbering, bottling or processing
operations of any sort shall be allowed earlier than 7:00 a.m. or
later than 7:00 p.m. during each day of the week except Sunday, when
no such activities shall be permitted.
(7)
Verification of bonding and insurance, if required by the Pennsylvania
Department of Environmental Protection (DEP) or some other agency,
shall be supplied to Town Council upon request.
S.
Nursery Schools (R-S, R-U and C-R Districts). Day nurseries, nursery
schools, private kindergartens and daycare centers shall provide outdoor
play space complying with the standards of the Pennsylvania Department
of Public Welfare for "Child Day Care Centers under Social Service
Auspices." The outdoor play area shall adjoin the indoor space, be
easily accessible, and be fenced with a chain-link fence and gate
at least three feet in height which shall be maintained in good condition.
The facility shall be licensed.
T.
Nursing Homes (R-U, H-D and C-R Districts). Nursing and convalescent
homes shall be located on a tract a minimum of 40,000 square feet
in size and shall front on an arterial or collector street. A buffer
area and screen planting, as found in Part 8, "Supplementary Regulations,"
shall be provided adjacent to any property used for residential purposes
but on the same lot as the nursing home. Loading and unloading areas
shall be provided for ambulances in addition to all other parking
requirements as found in Part 8, "Supplementary Regulations." All
nursing and convalescent homes shall be licensed by the Commonwealth
of Pennsylvania.
U.
Parks and Playgrounds (R-S, R-U and C-R Districts). All such facilities,
whether public, semipublic or private noncommercial, shall conform
to the following regulations:
(1)
No outdoor recreation activity shall be conducted closer than
100 feet to any property line.
(2)
A buffer area at least 50 feet in depth and screen planting,
as found in Part 8, "Supplementary Regulations," shall surround the
property except for access drives.
(3)
Circulation and parking areas, as found in Part 8, "Supplementary
Regulations," shall be provided on the site, but not in the buffer
area.
(4)
Storm drainage from the site shall be channeled to natural drainage
courses and away from adjoining properties.
(5)
Lighting installations shall be so arranged as not to increase
traffic hazards or to cause direct or glaring reflection onto adjoining
properties or roads.
(6)
Measures shall be taken to minimize noise.
V.
Public Transportation Terminals (C District). Public transportation
terminals shall be provided with off-street loading and unloading
space for passengers and cargo, with shelter from inclement weather
for passengers and cargo and with access, circulation and parking
areas on the site for buses, taxis and vehicles of patrons, visitors
and employees.
W.
Recreation Facilities and Uses Indoor (C and C-R Districts). Indoor
recreation facilities permitted in the "C" and "C-R" Districts may
include ice skating and roller skating rinks, bowling alleys, tennis,
handball, badminton, basketball and other such courts, table tennis
and billiards, dance halls, exercise rooms, swimming pools, lounges
with food service, TV and movies and similar recreation activities.
All activities shall be conducted entirely within an enclosed structure
and shall cause no noise, vibration or lighting that can be heard,
felt or seen from outside the building.
X.
Recreation-Vehicle Camps (R-C District). Recreation-vehicle camps
and/or trailer parks shall be subject to the following regulations:
(1)
They shall comply with all applicable State and Town regulations
now in effect or hereafter enacted.
(2)
Their design and improvement shall be in accordance with the procedures, standards and requirements of the Town of Bloomsburg Subdivision and Land Development Ordinance [Chapter 22].
(3)
No occupancy other than transient or seasonal shall be permitted.
Y.
Swimming Pools (R-S District). Public and semipublic swimming pools
shall comply with the following conditions and requirements:
(1)
The pool and accessory structures thereto, including the area
used by bathers, shall not be closer than 100 feet to any property
line of the property on which it is located.
(2)
A buffer area at least 50 feet in depth shall surround the pool
and paved areas around the pool and shall be used for trees, shrubs
and grass landscaping.
(3)
A chain-link fence and gate at least six feet high and maintained
in good condition shall surround the pool and all areas used by bathers
so as to prevent all uncontrolled access by children.
(4)
Outside lighting shall be directed away from adjacent properties
and roads.
(5)
Circulation and parking areas shall comply with the requirements
of Part 8, "Supplementary Regulations."
(6)
Relevant regulations of the Pennsylvania Department of Environmental
Protection shall be met.
Z.
Tourist Homes (R-U District). Single-family dwellings may be used
by the resident owner for the commercial purpose of providing overnight
accommodations for transient guests provided:
AA.
Commercial Communications Antennas and Commercial Communications
Towers (R-C, C, and BC Districts).
[Amended by Ord. 959, 11/10/2014]
(1)
Standards Applicable to Commercial Communication Towers and
Commercial Communication Antennas.
(a)
Structural Certifications. For any commercial communications
antenna or commercial communications tower higher than 50 feet, the
applicant for a special exception shall provide, from a registered
professional engineer, a certification as to the overall structural
integrity of the commercial communications tower including, but not
limited to, wind resistance and icing, and that the commercial communications
tower meets all applicable BOCA, ASME and other applicable standards.
Said certification will be submitted in writing with the application.
(b)
Airport Certifications. The applicant for a special exception shall provide a certification from a registered professional engineer that the proposed commercial communications antenna or commercial communications tower complies with all applicable rules and regulations of the Federal Aviation Administration, the Pennsylvania Department of Transportation and the airport provisions of the Zoning Ordinance of the Town of Bloomsburg Code of Ordinances, Chapter 27, § 27-703(B). The applicant for a special exception for a commercial communications antenna or commercial communications tower shall notify the operator of the Town of Bloomsburg Airport of its application for special exception and provide proof thereof. Said certifications will be submitted in writing with the application.
(c)
Removal of Commercial Communications Antennas and Commercial
Communications Towers.
1)
If a commercial communications antenna or commercial communications
tower remains substantially unused for a continuous period of 12 consecutive
months, the owner or operator of the commercial communications antenna
or commercial communications tower shall remove the commercial communications
antenna or commercial communications tower within six months of receipt
of a notice from the Town of Bloomsburg ordering such removal. Unless
the owner or operator can prove that any building or appurtenant structure
associated with the commercial communications tower and all landscaping
can be used for other permitted uses in the zoning district, the building,
appurtenant structures and landscaping shall also be removed. The
base of the commercial communications tower shall be removed in all
circumstances.
2)
Prior to the issuance of a building permit by the Town of Bloomsburg,
the applicant shall post a security in the form of a bond or letter
of credit in an amount approved by the Town Engineer and in a form
approved by the Town Solicitor in an amount to cover the costs of
removal of the commercial communications antenna or commercial communications
tower and site clean up including a factor for inflation. In the event
that the owner or operator of the commercial communications antenna
or commercial communication tower fails to remove the commercial communications
antenna or commercial communications tower within six months from
having received notice from the Town of Bloomsburg, the security shall
be used by the Town of Bloomsburg to remove the commercial communications
antenna or commercial communications tower and site facilities as
provided for above.
(d)
Lighting. No commercial communications antenna or commercial
communications tower shall be artificially lighted except when required
by the Federal Aviation Administration or Pennsylvania Department
of Transportation.
(e)
Federal Communications Commission. The applicant for a special
exception for a commercial communication tower or commercial communication
antenna shall provide a certification from the Federal Communications
Commission that it is licensed by the Federal Communications Commission
and, if applicable, certification that the Federal Communications
Commission has approved the commercial communications antenna or commercial
communications tower. Said certification will be submitted in writing
with the application.
(f)
Documentation of Need. Applicants for special exceptions for
commercial communication towers or commercial communication antennas
must demonstrate, using technological evidence, that in order to satisfy
its functional requirement the commercial communications antenna or
commercial communications tower must go where it is proposed and that
there are no buildings or other commercial communications towers available
where the commercial communications antenna can be placed to satisfy
its functional requirements. Applicants are required to document need
with the following:
1)
The applicant for the placement of a commercial communications
tower or commercial communication antenna shall be required to submit
to the Town evidence of the need for the commercial communications
tower and that the applicant has exhausted all alternatives to constructing
a commercial communications tower. Applicants are required to prove
need by:
a)
Demonstrating via written evidence that, in terms
of location and construction, there are no existing towers, commercial
communications towers, buildings, structures, elevated tanks or similar
uses able to provide the platform for the commercial communications
antenna.
b)
Providing evidence, including coverage diagrams
and technical reports, demonstrating that colocation on existing commercial
communications towers is not technically possible in order to serve
the desired need. Colocation is not possible if:
i)
Planned equipment would exceed the structural capacity of existing
commercial communications towers within the Town, considering existing
and planned use of those commercial communications towers and existing
commercial communications towers cannot be reinforced to accommodate
planned or equivalent equipment at a reasonable cost.
ii)
Planned equipment will cause radio frequency (RF) interference
with other existing or planned equipment for the commercial communications
tower and the interference cannot be prevented at a reasonable cost.
iii)
Existing or approved commercial communications towers do not
have the space on which planned equipment can be placed so it can
function effectively and at least in parity with other similar equipment
in place or planned.
iv)
Other reasons make it impractical to place the equipment planned
by the applicant on existing and approved commercial communications
towers.
(g)
Change of Ownership. When the ownership of a commercial communications
antenna or commercial communications tower changes, the Town of Bloomsburg
shall be notified of such change within 30 days of the change of ownership.
(h)
Height Restrictions. No commercial communications tower and
antenna combination shall exceed 200 feet measured from ground level
at the base of the tower to the top of the tower or antenna, whichever
is higher.
(i)
Signs. No portion of any commercial communications antenna or
commercial communications tower or related structure shall be used
for the placement of a sign of other advertising purpose including,
but not limited to, company name, telephone numbers, banners, streamers
or other forms of advertising.
(j)
Painting. Commercial communications towers and commercial communications
antennas shall be painted silver or have a galvanized finish to reduce
the visual impact.
(k)
Site Plan. The application for special exception for a commercial
communications antenna or commercial communications tower shall be
accompanied by a site plan setting forth the following:
1)
The location of the proposed commercial communications antenna
or commercial communications tower.
2)
The dimensions of the parcel of land upon which the commercial
communications antenna and commercial communications tower are to
be located, showing required setbacks.
3)
The proposed fence and landscaping.
4)
The height of the proposed commercial communications antenna
or commercial communications tower.
(l)
Colocation.
1)
In order to reduce the number of commercial communications towers
in the future, proposed commercial communications towers shall be
designed to accommodate other users, including other telecommunications
companies and local police, fire and ambulance companies. The application
for special exception shall include a plan whereby future users will
be granted access to the commercial communications tower and how the
future users will be charged for the use of the commercial communications
tower.
2)
Any applicant proposing construction of a new commercial communications
tower shall demonstrate that a good faith effort has been made to
obtain permission to mount the commercial communications antenna on
an existing building, structure or commercial communications tower.
A good faith effort shall require that all owners of potentially suitable
structures within a 1/4-mile radius of the proposed commercial communications
tower site be contacted and that one or more of the following reasons
for not selecting such structure apply:
a)
The proposed commercial communications antenna and
related equipment would exceed the structural capacity of the existing
structure and its reinforcement cannot be accomplished at a reasonable
cost.
b)
The proposed commercial communications antenna and
related equipment would cause radio frequency interference with other
existing equipment for that existing structure and the interference
cannot be prevented at a reasonable cost.
c)
Such existing structures do not have adequate locations,
space, access or height to accommodate the proposed equipment or to
allow it to perform its intended function.
d)
Addition of the proposed commercial communications
antenna and related equipment would result in electromagnetic radiation
from such structure exceeding applicable standards established by
the Federal Communications Commission governing human exposure to
electromagnetic radiation.
e)
A commercially reasonable agreement could not be
reached with the owners of such structure.
|
Proof of such good faith effort will be submitted in writing
with the application.
|
3)
An applicant for a zoning permit for a commercial communications
tower shall:
a)
Execute an agreement with the Town, in a form legally
sufficient to the Town, requiring the removal of the commercial communications
tower within one year after the commercial communications tower ceases
to function as such.
b)
Agree to erect a commercial communications tower
with sufficient capacity to accommodate not less than two commercial
communications antennas in addition to their own.
c)
Agree to rent or sell such additional capacity to
another developer that requires commercial communications antenna
space to serve a similar purpose.
d)
Agree to submit to binding arbitration and to share
the cost of such arbitration equally with the other parties desiring
space on the subject commercial communications tower in the event
that the developer and the other party do not reach an acceptable
settlement within 30 days of notification to the Town; and, the commercial
communications tower developer shall be responsible for prompt reporting
of an offer within five days thereof.
(2)
Standards Applicable to Commercial Communications Towers.
(a)
Setbacks.
1)
A commercial communications tower shall be set back from all
property lines the most restrictive of the following: a minimum distance
equal to 1/2 its height or a distance equal to the commercial communications
tower fall zone.
2)
Commercial communications towers shall not be closer than 500
feet to another commercial communications tower, such distance being
measured as a horizontal from tower to tower.
3)
Commercial communications towers shall be subject to a minimum
setback from all overhead electric transmission lines of a distance
equaling the height of the commercial communications tower.
(b)
Fence. The base of a commercial communications tower shall be
surrounded by a secure fence with a minimum height of eight feet.
(c)
Landscaping. Evergreen plantings shall be required to screen
the fence surrounding the commercial communications tower and any
other ground level features such as a building or parking area. The
evergreen screen shall be a minimum of six feet in height at planting
with an exception to grow to a minimum of 15 feet high at maturity.
(d)
Parking. A minimum of two off-street parking spaces shall be
provided for a commercial communications tower.
(e)
Monopole Structure. A commercial communication tower shall be
a monopole structure.
(f)
ANSI Standards. The commercial communications tower shall be
designed and constructed to all applicable standards of the American
National Standards Institute, ANSI/EIA-222-E manual, as amended.
(g)
Soils Report. A soils report complying with the standards of
Appendix I, Geotechnical Investigations, ANSI/EIA-222-E manual, as
amended, shall be submitted to the Town to document and verify design
specifications of the foundation for the commercial communications
tower and anchors for the guy wires, if used.
(h)
Wind. Commercial communications towers shall be designed to
withstand wind gusts of at least 100 miles per hour.
(i)
Historic District. A commercial communications tower shall not
be located on a lot that is listed on a historic register or in an
officially designated State or Federal historic district.
(3)
Standards Applicable to Commercial Communications Antennas.
(a)
Conditions on the Location and Placement of Commercial Communications
Antennas. Commercial communications antennas may be attached to any
nonresidential building or structure that is a permitted use in the
district including, but not limited to, a church, a municipal or governmental
building or facility, a building owned by a utility or a commercial
communications tower. Subdivision and land development review is not
required by the Planning Commission or the Town Council for the location
of commercial communications antennas on a building. The following
conditions shall be met:
1)
No more than one commercial communications antenna may be attached
to any nonresidential building as a permitted use. A permit for one
commercial communications antenna on one building may be issued by
the Zoning Officer after a review of the requirements stated in this
Section.
2)
The location of two or more commercial communications antennas
on any nonresidential building shall be considered a special exception.
There shall be a minimum distance equal to the height of the commercial
communications antenna located on a nonresidential building and the
location of any additional commercial communications antennas.
3)
The location of one or more commercial communications antennas
on any nonoccupied structure, such as a commercial communications
tower, a water tank or an observation commercial communications tower
shall be considered as a principal permitted use. Permit(s) for commercial
communications antenna on nonoccupied structures may be issued by
the Zoning Officer after a review of the requirements stated in this
Section. Subdivision and land development review is not required by
the Planning Commission or the Town Council for the location of commercial
communications antenna on a nonoccupied structure.
4)
Height limits for commercial communications antennas: not to
exceed 20 feet above the structure or building on which it is located.
5)
The top point height of any commercial communications antennas
located on a commercial communications tower shall not exceed the
height requirements for commercial communications towers stated in
this Section.
6)
Setback. Commercial communications antennas located on buildings
and structures shall be required to be set back from all property
lines a minimum of the front yard setback requirement of the host
district plus the height of the commercial communications antenna.
BB.
Student Housing (R-U and C-R Districts).
(1)
Purpose. The purpose of this special exception use is to provide
for student housing facilities that are designed and located in an
appropriate manner to enhance the residential neighborhoods in which
this housing is located.
(3)
(4)
Building Height. The maximum height shall be three stories or
35 feet.
(5)
Performance Standards.
(a)
All residential construction shall substantially conform in
street orientation and massing to adjacent structures.
(b)
Student housing shall be clad in wood siding, vinyl siding,
composite siding (cement board), stone, or brick.
(c)
Principal building roofs should have a pitch that substantially
conforms to the roof pitches of adjacent homes.
(d)
Garden and retaining walls shall be constructed from block of
the ornamental variety designed for use in landscaping projects. Walls
over 48 inches shall be constructed in accordance with the Town of
Bloomsburg Building Code and also be designed by a registered architect
or a professional engineer, licensed to operate in the State of Pennsylvania,
and submitted to the Town for review and approval.
(e)
Separation between student housing. Each lot/parcel containing
a building used for student housing shall be separated from any other
lot/parcel containing a building used for student housing by a minimum
of 350 feet, measured from lot line to lot line, in accordance with
the most recent tax maps on file or electronic media available at
the business offices of the Town of Bloomsburg. Any dispute to the
accuracy of the Code Enforcement Office, while interpreting this Section,
may be resolved with the filer providing documentation to the contrary
which has been prepared by a surveyor licensed by the State of Pennsylvania.
(6)
Landscaping Criteria.
 |
(a)
Development without parking between the building line and street
or alley. If there is no parking anywhere between the established
building line, projected from the corner of the building to property
lines:
1)
A four-foot perimeter buffer shall be provided along the side
yards and rear yards of the property. The buffer shall contain at
least one two-inch-caliper tree every 20 feet, four feet in from the
property line, and at least three shrubs of at least three gallons
in size clustered between each two trees.
2)
If the proposed parking lot contains 20 stalls or more, an additional
5% of the parking lot area shall be reserved for interior landscaping.
Planting beds running adjacent to and parallel with the building,
perimeter landscaping and buffer requirements shall not count towards
this requirement.
3)
Parking shall not be permitted within the buffer.
(b)
Development with parking located between the building line and
street or alley. If any parking is located between the street or alley
and the building line, the following shall apply:
1)
A ten-foot-wide buffer shall be provided for the length of any
parking area abutting the street or alley. The buffer area shall contain
at least one two-inch-caliper tree for every 20 feet and at least
three shrubs of at least three gallons in size clustered between each
two trees.
2)
A six-foot side and rear yard buffer shall be provided. The
buffer shall contain at least one two-inch-caliper tree spaced every
20 feet and three shrubs of at least three gallons in size clustered
between each two trees.
(7)
Parking Criteria.
(a)
One parking space shall be required for each student.
(b)
All off-street parking areas for four or more automobiles shall
be developed in accordance with the following standards:
1)
Each required off-street parking space shall be at least nine
feet in width and at least 18 feet in length, exclusive of access
drives or aisles.
2)
Each off-street parking space shall open directly upon an aisle or driveway at least 12 feet wide to provide a safe and efficient means of vehicular access to such parking space. (See Chapter 22, Subdivision and Land Development, for parking design.) Such aisle or driveway shall be unobstructed and allow for the passage of emergency vehicles at all times.
3)
All required parking spaces and aisles shall be provided wholly
within the property lines and shall not extend into any public right-of-way.
4)
Parking spaces and aisles/driveways shall be a minimum of six
feet from side or rear property lines.
5)
Parking spaces and aisles/driveways shall be a minimum of 10
feet from the principal structure.
(8)
Site Element Areas. Areas for parking, recreation, service,
utility equipment, waste receptacles, dumpsters and/or other elements
which, because of their appearance, odor and/or noise, would be offensive
to those occupying the lot or adjoining lots or those on the street
shall be screened, landscaped or otherwise treated to eliminate the
offensive condition.
CC.
Light industry (B-C District). Light industry uses of the type described in § 27-302 shall meet the following requirements:
[Added by Ord. 931, 10/11/2010]
(1)
All such operations shall abut or provide direct access to a public
street capable of safely accommodating the anticipated types and levels
of traffic generated by such operation.
(2)
All such operations shall be contained within a building. Any outside
storage associated with such operations shall not exceed an amount
equal to 10% of the first-floor area of the building devoted to such
operation, shall be screened from view, and shall not be situated
within any required yard area.
(3)
Lot Area and Width. The minimum lot area for such operations shall
be not less than 20,000 square feet, and the minimum lot width shall
be not less than 100 feet.
(4)
Lot Coverage. The maximum area permitted to be covered by buildings
shall not exceed 75% of the total lot area.
(5)
Yard. The minimum yard area shall be not less than 20 feet on any
side of the lot.
(6)
All such operations shall comply with the following minimum performance
standards:
(a)
Sound. The volume of sound regularly and recurrently generated shall
be controlled so as not to cause a nuisance to adjacent uses.
(b)
Vibration. No significant vibrations shall be discernable beyond
the boundary lines of the lot.
(c)
Odor. No significant noxious odor shall be discharged in such quantity
as to be readily detectable beyond the boundary lines of the lot without
the use of instruments.
(d)
Glare. No direct or reflected glare shall be detectable beyond the
boundary lines of the lot.
(e)
Smoke. No smoke shall be emitted in such quantity as would produce
a public nuisance.
(f)
Dust. No solid or liquid particles shall be emitted in such quantities
as would be readily detectable beyond the boundary lines of the lot.
DD.
Parking Facilities (C District). Parking facilities allowed as a
special exception use within the C District shall include parking
lots and parking structures which are operated as a public, private
and/or commercial facility. In addition to special exception approval,
said facilities shall be subject to the following requirements:
[Added by Ord. No. 990,
12/10/2018]
(1)
No parking facility shall be designed, constructed or maintained
to have any frontage upon Main Street, nor shall any portion of the
parking facility abut Main Street.
(2)
No parking structure shall exceed 65 feet in height, and such
structures shall be designed to minimize visual impact of the structure
from selected areas within the Town. Any parking structure exceeding
50 feet in height shall provide a visual analysis of the structure
as intended to be constructed. The visual analysis shall include a
computerized photographic simulation demonstrating the visual impacts
from nearby strategic vantage points selected by the Zoning Hearing
Board. Based upon the intent to minimize visual impact of the structure
to the greatest extent possible, a facade or similar architectural
feature to screen parking on the uppermost floor from public viewing
areas may be required.
(3)
A parking facility developed as an on-grade parking lot shall
have a minimum distance of not less than five feet to any front, side
and/or rear yard property line.
(4)
A parking facility developed as a parking structure shall have
a front yard setback distance of not less than five feet and a side
and rear yard setback of not less than eight feet. The aforementioned
setback distances shall not apply when an existing on-grade lot is
being converted into a parking structure for those sections of the
facility which do not border a public right-of-way and have existing
spaces that do not conform to the setback distances.
(5)
Included within the required rear yard and side yard setback,
there shall be a landscaped planting strip at least four feet wide,
planted with shrubs or trees not less than three feet high at the
time of planting and which are of a type that may be expected to form
a year-round dense screen at least four feet high within three years.
(6)
Commercial nonresidential uses within the C District shall be
exempt from applicable required off-street parking standards. Student
housing is deemed to be a residential use.
EE.
Location of Off-Street Parking (C District). Off-street parking shall
be located upon the same lot with the principal use or uses which
it serves, including properties containing mixed uses. The Zoning
Hearing Board may grant special exception approval to allow the required
parking on another lot, subject to the following criteria:
[Added by Ord. No. 990,
12/10/2018]
(1)
The lot to be used for off-street parking and the lot on which
the principal use is located shall be within the C District.
(2)
The lot to be used for required off-street parking and the lot
on which the principal use or uses is/are located shall be held under
the same ownership, or the applicant shall provide written documentation
via a deed restriction that the required number of parking spaces
shall be retained upon such other lot throughout the life of the principal
use or uses which it serves.
FF.
Homeless Shelter (C-W District, C-R District and BC District). A
homeless shelter shall be subject to the following regulations.
[Added by Ord. No. 993, 5/22/2019]
(1)
Regulatory and Operational Standards:
(a)
Purpose. It is the intent of this subsection to provide for
development, operational and design standards for a homeless shelter.
In the event of a conflict between the regulations and standards of
the homeless shelter and those applicable to the zoning district in
which it is located, the more-stringent shall apply.
(b)
Community Need Standards. Any application for a homeless shelter
must demonstrate that the shelter is needed to take care of the homeless
needs that exist within the greater Bloomsburg area, which is intended
to generally include Columbia County and Montour County.
(c)
The operator of any homeless shelter shall have an operational
HMIS or equivalent in effect.
(d)
Maximum Number of Beds. The maximum number of beds shall be
based on the lesser number of one bed per 200 square feet of area
in which sleeping accommodations are provided based upon the required
floor plan of the facility or 20 beds.
(e)
A homeless shelter shall be designed and operated in compliance
with all applicable federal and state standards and regulatory provisions,
including, but not limited to, the Pennsylvania Uniform Construction
Code.
(f)
A homeless shelter shall provide a floor plan of the facility
showing all areas used as part of the homeless shelter, with the dimensions
and square feet of each room therein and its intended purpose and
use. The intake process for residents shall be handled from an internal
office within the homeless shelter.
(g)
On-Site Management Plan. The applicant shall provide an on-site
management plan for a homeless shelter, which shall include, but not
necessarily be limited to, the following items. All responses to the
following information shall be in writing:
1)
A reasonable criminal background check on potential residents
shall be undertaken by the provider. The provider shall provide a
clear policy and regulations on the basis of background information
utilized by the provider for the exclusion of anyone seeking admittance
to the facility. Actions warranting exclusion shall include, at a
minimum, persons having an outstanding arrest warrant, persons registered
under Megan's Law, or persons under the influence of alcohol or illegal
drugs. Such a policy shall be based upon protecting the health, safety
and welfare of the general public and other residents within the facility.
2)
A plan that provides for safety and security measures, including
emergency operations. Such a plan shall identify persons responsible
for implementation of stated measures and/or operations.
3)
A plan that fully describes all services to be provided within
the facility.
4)
A resident identification process. This process shall include
verification of proof of a person's last place of residence within
the greater Bloomsburg area as identified above in Subsection FF(1)(b).
5)
Controls for resident behavior and noise levels. Such controls
shall ensure that loitering does not occur on the property during
off-hours and/or otherwise create a nuisance to the neighborhood.
6)
Regulatory provisions applicable to all residents staying at
the facility, including, but not limited to, policies and standards
governing expulsions of a person and/or family.
7)
Process for resolving neighborhood concerns.
8)
Staffing levels during hours of operation.
9)
Proof of insurance and amount of coverage
(h)
A homeless shelter shall provide a minimum of one supervisory-level
staff member for every 20 residents present on the site during hours
of operation.
(i)
Insurance Coverage. No person shall operate a homeless shelter
unless they obtain and maintain the following liability insurance
coverage:
1)
Comprehensive general liability insurance coverage insuring
the public against bodily injury or property damage arising out of
or resulting from or incidental to the operation or use of a homeless
shelter.
2)
At a minimum, the policies shall provide coverage of not less
than $1,000,000 per occurrence and $2,500,000 per aggregate.
3)
Evidence of said coverage shall be subject to acceptance and
approval by the Town Council as a condition of zoning approval by
the Zoning Hearing Board. Coverage shall remain in full force during
the entire time that the shelter is permitted. Failure to provide
such proof shall result in revocation of zoning approval.
(2)
Design Features:
(a)
Lighting shall be sufficient to provide illumination and clear
visibility to all outdoor areas, with minimal shadows or light leaving
the property. Lighting shall be stationary, directed away from adjacent
properties and public rights-of-way, and of intensity compatible/comparable
with the neighborhood.
(b)
Off-street parking shall be provided at a ratio of one vehicle
parking space per employee/volunteer based on the maximum working
shift plus one vehicle parking space for every 10 beds. Off-street
parking shall be subject to all other applicable provisions within
the Town of Bloomsburg Zoning Ordinance governing off-street parking.
(c)
A homeless shelter shall be situated no less than 1,000 feet
from any other homeless shelter.
(d)
If a homeless shelter is located within 250 feet of a residential
zoning district, all outdoor activity shall be screened from public
view and from the view of adjacent properties.
(e)
A homeless shelter shall have set hours of operation, and the
hours shall be posted in a publicly visible and accessible location
at the shelter.
(f)
A homeless shelter shall not create unsanitary or harmful conditions
by reason of noise, glare, dust, sewage disposal, emissions to the
air, odor, lighting, or litter, nor shall its operation have a substantially
greater effect/impact on surrounding properties than those associated
with surrounding uses or other allowable uses in the zone.
(g)
Limited incidental on-site services provided to residents within
a homeless shelter may include referrals to additional off-site support
agencies for the purpose of finding employment and/or permanent housing
but shall not include any type of on-site substance abuse counseling
and/or treatment.
GG.
A substance abuse treatment facility shall be subject to the following
regulations:
[Added by Ord. No. 994, 5/22/2019]
(1)
Regulatory and Operational Standards:
(a)
Maximum Number of Beds. The maximum number of beds within any
type of substance abuse treatment facility which allows overnight
stay of patients shall be based upon the applicable regulations of
the Pennsylvania Department of Drug and Alcohol Programs, but in no
case shall such a facility be designed and/or used to accommodate
more than 20 overnight patients.
(b)
Any type of substance abuse treatment facility shall provide
a narrative that fully describes all services to be provided within
the facility.
(c)
Any type of substance abuse treatment facility shall provide
a floor plan of the facility showing the use of all areas within the
facility, with the dimensions and square feet of each room therein
and its intended purpose and use.
(d)
Any type of substance abuse treatment facility shall provide
its intended hours of operation.
(e)
Any type of substance abuse treatment facility shall provide
a copy of its on-site management plan, or its equivalent, as required
by the Pennsylvania Department of Drug and Alcohol Programs, which
includes emergency operations and persons responsible for implementation
of stated measures and/or operations.
(f)
Any type of substance abuse treatment facility shall provide
the maximum number of employees employed by the facility, including
those indirectly employed under contracted services.
(g)
Insurance Coverage. No person shall operate a non-hospital drug-free
residential substance abuse treatment facility unless they obtain
and maintain the following liability insurance coverage:
1)
Comprehensive general liability insurance coverage insuring
the public against bodily injury or property damage arising out of
or resulting from or incidental to the operation or use of the facility.
2)
At a minimum, the policies shall provide coverage of not less
than $1,000,000 per occurrence and $2,500,000 per aggregate.
3)
Evidence of said coverage shall be subject to acceptance and
approval by the Town Council as a condition of zoning approval by
the Zoning Hearing Board. Coverage shall remain in full force during
the entire time that the facility is permitted. Failure to provide
such proof shall result in revocation of zoning approval.
(2)
Design Features:
(a)
Lighting shall be sufficient to provide illumination and clear
visibility to all outdoor areas, with minimal shadows or light leaving
the property. Lighting shall be stationary, directed away from adjacent
properties and public rights-of-way, and of intensity compatible/comparable
with the neighborhood.
(b)
Off-street parking shall be provided at a ratio of one vehicle
parking space per each employee, including those via contracted services,
plus one vehicle parking space for every two beds. Off-street parking
shall be subject to all other applicable provisions within the Town
of Bloomsburg Zoning Ordinance governing off-street parking.
(c)
A substance abuse treatment facility shall not be located less
than 1,000 feet from any other substance abuse treatment facility.
(d)
If a substance abuse treatment facility is located within 250
feet of a residential zoning district, all outdoor activity and/or
seating areas shall be screened from public view and from the view
of adjacent properties.
HH.
A halfway house for persons on parole or probation shall be subject
to the following regulations:
[Added by Ord. No. 995, 5/22/2019]
(1)
Regulatory and Operational Standards:
(a)
A halfway house for persons on parole or probation shall be
classified and permitted as a special exception use within the H-D
District.
(b)
Maximum Number Residents. The maximum number of residents shall
be based on the lesser number of 120 square feet per bedroom based
upon single room occupancy provided upon the required floor plan of
the facility or five residents.
(c)
A halfway house for persons on parole or probation shall be
licensed, where required, by an appropriate government agency and
shall be in compliance with all applicable rules and regulations of
the licensing body. A copy of any required license must be provided
to the Zoning Officer prior to commencement of the use.
(d)
A halfway house for persons on parole or probation shall provide
a narrative that fully describes all management plans and services
for daily operations to be provided within the facility. Such information
also must address:
(e)
A halfway house for persons on parole or probation shall provide
a complete list of the type of crimes and/or circumstances which would
render the exclusion of a person from residency within the facility.
(f)
A halfway house for persons on parole or probation shall provide
a floor plan of the facility showing the use of all areas within the
facility, with the dimensions and square feet of each room therein
and its intended purpose and use.
(g)
A halfway house for persons on parole or probation shall provide,
in writing, the rules and regulations applicable for all residents
to maintain residency within the facility.
(h)
A halfway house for persons on parole or probation shall provide,
in writing, its regulations regarding a curfew for residents and permission
requirements for leaving the facility for other purposes, including,
but not limited to, activities such as work, school, off-site counseling
services, volunteer services, medical appointments or religious services.
(i)
If a halfway house for persons on parole or probation is not
run and/or operated by a governmental agency, the contract of the
entity doing so must be submitted, along with an historical profile
on its experience and references to all other locations where it operates
a facility such as a halfway house for persons on parole or probation.
(j)
A halfway house for persons on parole or probation shall maintain
a current list of residents and provide the names, addresses and contact
information for their respective parole officers or probation officers
who have supervision over persons that will be residing in the facility.
(k)
Any approval granted for a halfway house for persons on parole
or probation shall be bound to the type and number of persons listed
on the application. Any increase in the type or number of offenders
being housed shall require a new hearing before the Zoning Hearing
Board.
(l)
A halfway house for persons on parole or probation shall not
provide any on-site supportive services related to counseling for
substance abuse disorders, emotional disorders or behavioral disorders.
(m)
A halfway house for persons on parole or probation shall provide a minimum of one staff member on site at the facility on a twenty-four-hour basis. In addition, the facility shall provide, within the required narrative under § 27-603HH(1)(d), the maximum number of persons employed by the facility.
(n)
Insurance Coverage. No person shall operate a halfway house
for persons on parole or probation unless they obtain and maintain
the following liability insurance coverage:
1)
Comprehensive general liability insurance coverage insuring
the public against bodily injury or property damage arising out of
or resulting from or incidental to the operation or use of the facility.
2)
At a minimum, the policies shall provide coverage of not less
than $1,000,000 per occurrence and $2,500,000 per aggregate.
3)
Evidence of said coverage shall be subject to acceptance and
approval by the Town Council as a condition of zoning approval by
the Zoning Hearing Board. Coverage shall remain in full force during
the entire time that the facility is permitted to operate. Failure
to provide such proof shall result in revocation of zoning approval.
(2)
Design Features:
(a)
Lighting shall be sufficient to provide illumination and clear
visibility to all outdoor areas, with minimal shadows or light leaving
the property. Lighting shall be stationary, directed away from adjacent
properties and public rights-of-way, and of intensity compatible/comparable
with the neighborhood.
(b)
Off-street parking shall be provided at a ratio of one vehicle
parking space per each employee assigned to work at the facility,
including those via contracted services, plus one vehicle parking
space for every resident of the facility based upon the maximum number
of persons approved to reside at the facility. Off-street parking
shall be subject to all other applicable provisions within the Town
of Bloomsburg Zoning Ordinance governing off-street parking.
(c)
A halfway house for persons on parole or probation shall not
be located less than 1,000 feet from:
(d)
If a halfway house for persons on parole or probation is located
within 250 feet of a residential zoning district, all outdoor activity
and/or seating areas shall be screened from public view and from the
view of adjacent properties.
