A.
This article establishes additional specific requirements for certain
specific uses, in addition to the sign, parking, environmental and
other general requirements of this chapter and the requirements of
each district. Wherever two requirements conflict, the stricter requirement
shall apply.
A.
Each of the following uses shall meet all of the following requirements
for that use:
(1)
Adult use. (This is limited to the following: adult bookstore, adult
movie theater, massage parlor or adult live entertainment use.)
(a)
Purposes. The regulations on adult uses are intended to serve
the following purposes, in addition to the overall objectives of this
chapter.
[1]
To recognize the adverse secondary impacts of Adult Uses that
affect health, safety and general welfare concerns of the municipality.
These secondary impacts have been documented in research conducted
across the nation. These secondary impacts typically include, but
are not limited to: increases in criminal activity, increases in activities
that increase the risk of transmission of sexually transmitted diseases,
increases in activities that increase the risk of transmission of
other communicable diseases, increases in blight, decreases in the
stability of residential neighborhoods, and decreases in property
values for surrounding homes, and decreases in the marketability of
nearby commercial business space. The research conducted across the
nation concludes that adult uses typically involve insufficient self-regulation
to control these secondary effects.
[2]
To limit adult uses to locations where these secondary impacts
can be minimized, particularly as they affect residential neighborhoods
and downtown revitalization.
[3]
To not attempt to suppress any activities protected by the "free
speech" protections of the U.S. Constitution, but instead to control
secondary effects.
(b)
No portion of a building occupied by an adult use shall be located
within any of the following distances: 400 lineal feet from any residential
zoning district boundary or lot line of any existing dwelling; and
1,000 lineal feet from the lot line of any existing primary or secondary
school, place of worship, public park, day-care center or child nursery.
(c)
No such use shall be located within 1,000 lineal feet of any
existing adult use.
(d)
A fifty-foot buffer yard shall be provided, regardless of zoning district, along the side and rear lot lines in accordance with § 450-62, but with plantings of an initial minimum height of six feet.
(e)
No pornographic material, displays or words shall be placed
in view of persons who are not inside of the establishment. Definite
precautions shall be made to prohibit minors from entering the premises.
(f)
No such use shall be used for any purpose that violates any
federal, state or municipal law.
(h)
The use shall not include the sale or display of "obscene" materials,
as defined by state law, as may be amended by applicable court decisions.
(i)
Adult uses shall be prohibited in all districts except where specifically permitted by Article IV.
(j)
A minimum lot area of 25,000 square feet is required.
(k)
For public health reasons, private or semiprivate viewing booths
of any kind are prohibited. This specifically includes, but is not
limited to, booths for viewing adult movies or nude dancers.
(l)
No use may include live actual or simulated sex acts nor any
sexual contact between entertainers nor between entertainers and customers.
This shall specifically prohibit, but not be limited to, entertainers
dancing on the laps of customers.
(m)
Only "lawful" massages as defined by state court decisions shall
be performed in a massage parlor.
(n)
All persons within any adult use shall wear nontransparent garments
that cover their genitals and the female areola, except for entertainers
within a permitted lawful adult live entertainment use.
(o)
Any application for such use shall state the names and home
addresses of: all individuals intended to have more than a 5% ownership
in such use or in a corporation owning such use; and an on-site manager
responsible to ensure compliance with this chapter on a daily basis.
Such information shall be updated at the beginning of each year in
writing to the Zoning Officer.
(p)
The use shall not operate between the hours of 12:00 midnight
and 7:00 a.m.
(q)
As specific conditions of approval under this chapter, the applicant
shall prove compliance with the following state laws, as amended:
the Pennsylvania Liquor Code,[1] Act 219 of 1990 (which pertains to sale or consumption
of alcohol between 2:00 a.m. and 8:00 a.m.),[2] Act 207 of 1990 (which pertains to obscenity)[3] and Act 120 of 1996 (which pertains to adult-oriented
establishments and which limits enclosed viewing booths among other
matters).
(3)
After hours club. As a condition of any approval under this chapter,
the applicant shall prove full compliance with State Act 219 of 1990,
as amended (Section 7327 of Title 18 of the Pennsylvania Statutes).
(4)
Assisted-living facility/personal-care center. The same standards
shall apply as are listed for nursing homes in this section.
(5)
Auto, boat or mobile/manufactured home sales.
(a)
No vehicle, boat or home on display shall occupy any part of the existing or future street right-of-way or required customer parking area. See buffer yard provisions in § 450-62.
(d)
Any mobile/manufactured homes on a sales site shall meet the
required principal building setbacks from the perimeter lot lines.
(6)
Auto repair garage.
(a)
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 150 feet of a
residential lot line.
(c)
Outdoor storage of motor vehicles shall not be within any required
buffer yard or street right-of-way.
(d)
Overnight outdoor storage of junk other than permitted junk
vehicles shall be prohibited within view of a public street or a dwelling.
(e)
Any "junk vehicle" (as defined by Article III) shall not be stored for more than 30 days within view of a public street or a dwelling. A maximum of four junk vehicles may be parked on a lot outside of an enclosed building at any one time, except that additional numbers of vehicles may be parked outside overnight if they: are screened from view from streets and other lots by landscaping or buildings; and are actively undergoing repair.
(f)
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.
(g)
Fuel pumps shall be at least 25 feet from the existing street
right-of-way and shall meet side yard principal building setback requirements.
(h)
The use may include a "convenience store" if the requirements
for such use are also met.
(7)
Auto service station. The provisions for auto repair garage listed
in this section shall apply. The uses of auto service station and
auto repair garage may be combined, if the requirements for each use
are met.
(8)
Bed-and-breakfast inn.
(a)
Within a residential district (if permitted under Article IV), a maximum of five rental units shall be provided. A maximum number of rental units shall not apply in other districts where the use is allowed. No more than three adults may occupy one rental unit.
(b)
One off-street parking space shall be provided for each rental
unit. If four or more new off-street parking spaces are provided,
they shall be located either to the rear of the principal building
or screened from the street and abutting dwellings by landscaping.
(c)
There shall not be any signs, show windows or any type of display
or advertising visible from outside the premises, except for a single
sign with a maximum sign area of six square feet on each of two sides
and with a maximum height of eight feet. Such sign shall only be illuminated
externally.
(d)
The use shall have a residential appearance and character.
(e)
The use shall be owned, operated and/or managed by permanent
residents of the lot.
(f)
There shall not be separate cooking facilities in any guest
room. Food shall only be served to guests who are staying overnight,
unless a restaurant is also permitted.
(g)
No guest shall stay for more than 14 days in any month.
(h)
In a residential district, the use shall be restricted to buildings
that existed prior to December 31, 1936.
(i)
Minimum lot area: 3,000 square feet, unless a more restrictive
lot area is established by the applicable zoning district.
(9)
Boarding house (includes rooming house).
(a)
Minimum lot area: 20,000 square feet.
(b)
Minimum side yard building setback: 20 feet per side.
(c)
Minimum lot width: 100 feet.
(d)
Maximum density: 3,000 square feet of lot area per bedroom;
shall serve a maximum total of 20 persons.
(e)
Each bedroom shall be limited to two adults each.
(f)
A buffer yard with screening meeting § 450-62 shall be provided between any boarding house building and any abutting dwelling.
(g)
See also standards for assisted-living facility, which is a
separate use.
(h)
Signs shall be limited to two wall signs with a maximum of two
square feet each.
(i)
Rooms shall be rented for a minimum period of five consecutive
days.
(10)
Car wash.
(a)
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.
(b)
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 that may be hazardous
to aquatic life shall be stored within an area that will completely
contain any leaks or spills.
(c)
Water from the car wash operation shall not flow onto sidewalks
or streets in such a manner as could cause ice hazards.
(d)
Any car wash that is located within 250 feet of an existing
dwelling shall not operate between the hours of 10:00 p.m. and 7:00
a.m.
(11)
Commercial communications antennas/tower as principal or accessory
use.
(a)
An accessory commercial communications antenna that does not
involve a new tower shall be allowed in any district if it meets the
following requirements:
[1]
In a district other than a commercial or industrial district,
the antenna shall extend a maximum of 20 feet beyond the existing
structure to which it is attached. The antenna shall be attached to
one of the following existing lawful structures:
[2]
In a commercial or industrial district, the antennas shall extend
a maximum of 40 feet beyond an existing building or structure (other
than a dwelling), provided the antenna is set back a distance equal
to its total height above the ground from any lot line of a dwelling
on another lot.
(b)
Any commercial communications antenna/tower that does not meet Subsection A(11)(a) above shall only be allowed where specifically authorized in § 450-30, and in compliance with the following additional regulations:
[1]
A new tower, other than a tower on a lot of an emergency services
station, shall be set back the following distances, whichever is greater:
[2]
A tower attached to the ground shall be surrounded by a security
fence/gate with a minimum height of eight feet and evergreen plantings
or preserved vegetation with an initial minimum height of four feet.
[3]
The applicant shall provide a written statement sealed by a
professional engineer stating that the communications antenna/tower
will meet the structural and wind-resistance requirements of the Building
Code.
[4]
The applicant shall describe in writing the policies that will
be used to make available space on a tower to other communications
providers, which shall serve to minimize the total number of towers
necessary in the region.
[5]
An applicant for a new commercial communications tower shall
provide evidence to the Zoning Hearing Board that they have investigated
co-locating their facilities on an existing tower and other tall structures
and have found such alternative to be unworkable. The reasons shall
be provided. At an absolute minimum, placement upon existing or approved
towers within a one-mile radius shall be considered, in addition to
other reasonable opportunities.
[6]
A maximum total height of 200 feet above the ground shall apply
where a freestanding tower is allowed.
[7]
The Zoning Hearing Board may require lighting of an antenna
even if it will not be required by the Federal Aviation Administration.
Such lighting is intended to provide protection for emergency medical
helicopters.
[8]
A new tower shall be designed in a manner that minimizes its
visual intrusiveness and environmental impacts to the maximum extent
feasible. For example, monopole designs are preferred over lattice
designs.
(c)
Purposes. These provisions for commercial communications antenna/towers
are primarily designed to serve the following purposes, in addition
to the overall objectives of this chapter:
[1]
To protect property values.
[2]
To minimize the visual impact of antenna/towers, particularly
considering the importance of the scenic beauty of the area in attracting
visitors for outdoor recreation.
[3]
To minimize the number and heights of towers in a manner that
still provides for adequate telecommunications services and competition.
(d)
A tower/antenna that primarily serves emergency communications
by a Borough-recognized police, fire or ambulance organization, and
is on the same lot as an emergency services station, shall be permitted
by right.
(e)
Any antenna and tower that is no longer in active use shall
be completely removed within six months after the discontinuance of
use. The operator shall notify the Zoning Officer in writing after
the antenna or tower use is no longer in active use. Any lease shall
require such removal by the owner of the antenna/tower. Any lease
should provide that the lease shall expire once the antenna/tower
is removed.
(f)
All utility buildings serving a communications antenna shall
have a maximum height of 12 feet. Where a utility building is adjacent
to a residential lot(s), it shall meet principal building setbacks
along those lot lines.
(12)
Conversion of an existing building (including an existing dwelling)
into dwelling units.
(a)
See Article IV, which regulates where conversions are permitted. Applicable state fire safety requirements shall be met.
(b)
The following regulations shall apply to the conversion of an
existing one-family dwelling into a greater number of dwelling units:
[1]
The building shall maintain the appearance of a one-family dwelling
with a single front entrance. Additional entrances may be placed on
the side or rear of the structure. The dwelling units may internally
share the single front entrance.
[2]
The conversion shall not be permitted if it would require the
placement of an exterior stairway on the front of the building, or
would require the placement of more than three off-street parking
spaces in the required front yard.
(c)
A previously residential building shall maintain a clearly residential
appearance, except as may be necessary for restoration of a historic
building.
(13)
Day-care center, child.
(a)
See also day care: family day care home or group day care as an accessory use in § 450-35D(3).
(b)
The use shall comply with any applicable state and federal regulations,
including having an appropriate State Department of Public Welfare
(or its successor agency) registration certificate or license.
(c)
Convenient parking spaces within the requirements of Article VII shall be provided for persons delivering and waiting for children.
(d)
In residential districts, where permitted as a principal use,
a day-care center shall have a minimum lot area of 6,000 square feet
and a minimum setback of 10 feet from an abutting residential lot
line.
(e)
The use shall include secure fencing around outdoor play areas.
(f)
Outdoor play areas of a day-care center involving the care of
25 or more children at any one time shall be set back a minimum of
25 feet from the exterior walls of an abutting existing dwelling.
(g)
A day-care center may occur in a building that also includes
lawful dwelling units. However, a day-care center shall not be conducted
in a dwelling that is physically attached to another dwelling that
does not have a common owner.
(h)
In residential districts, any permitted day-care center shall
maintain an exterior appearance that resembles existing dwellings
in the neighborhood.
(i)
See also the standards for a place of worship, which allows
a day-care center as an adjunct use.
(14)
Group homes. Group homes are permitted within a lawful dwelling
unit, provided the following additional requirements are met:
(b)
A group home shall not include any use meeting the definition
of a "treatment center."
(c)
A group home shall include the housing of a maximum of five
unrelated persons, except:
(d)
The applicant shall provide a written statement describing how
the facility will have adequate trained staff supervision for the
number and type of residents. The Zoning Officer may require twenty-four-hour
on-site staffing if necessary for the number and type of residents.
(e)
The applicant shall provide evidence of any applicable federal,
state or county licensing or certification to the Zoning Officer.
If such licensing or certification is changed, suspended or revoked,
the operator shall provide written notice to the Zoning Officer within
seven days.
(f)
The group home shall register in writing its location, general
type of treatment/care, maximum number of residents and sponsoring
agency with the Zoning Officer. If there are any changes in such matters,
the operator shall provide written notice to the Zoning Officer within
seven days. The Zoning Officer may require a new approval if there
are significant changes in the nature of the group home.
(g)
Any on-site medical or counseling services shall be limited
to a maximum of three nonresidents per day. Any on-site staff meetings
shall be limited to a maximum of five persons at one time.
(h)
A minimum of one off-street parking space shall be provided
per on-site employee, plus one space for every two residents of a
type reasonably expected to be able to drive a vehicle.
(i)
If a group home is in a residential district, an appearance
shall be maintained that is closely similar to nearby dwellings, and
no sign shall identify the use.
(j)
The persons living on-site shall function as a common household
unit.
(16)
Junkyard (includes automobile salvage yard).
(a)
Storage of garbage or biodegradable material is prohibited,
other than what is customarily generated on-site and routinely awaiting
pickup.
(b)
Outdoor storage of junk shall be at least: 100 feet from any
lot line of a primarily residential use; and 50 feet from any other
lot line and the existing right-of-way of any public street.
(c)
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 twelve-foot wide aisles
shall be provided throughout the entire use to allow access by emergency
vehicles. Adequate off-street parking areas shall be provided for
customers.
(d)
Outdoor storage shall be completely enclosed (except at approved driveway entrances) by a forty-foot wide buffer yard which complies with § 450-62, unless such storage is not visible from an exterior lot line or street. The minimum initial height of the evergreen planting shall be four feet, which shall be designed to result in a solid eight-foot high plant screen within four years. Secure chain link or similar 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.
(e)
Burning or incineration is prohibited.
(g)
All gasoline, antifreeze and oil shall be drained from all vehicles
and properly disposed of. All batteries shall be removed from vehicles
and stored in a suitable area on an impervious and properly drained
surface.
(h)
Lot area: one acre minimum; 10 acres maximum.
(i)
Tires. See the outdoor storage and display standards in § 450-35D(9).
(17)
Kennel.
(a)
Minimum lot area: one acre.
(b)
All buildings in which animals are housed and all runs shall
be located at least 200 feet from any lot line of a primarily residential
use. This setback shall not apply if the kennel is separated from
a residential use by an expressway.
(c)
Buildings shall be adequately soundproofed so that sounds generated
within the buildings cannot routinely be heard within any principal
building on another lot.
(d)
No animal shall be permitted to use outdoor runs from 8:00 p.m.
to 8:00 a.m. that are within 250 feet of an existing dwelling. Runs
for dogs shall be separated from each other by visual barriers a minimum
of four feet in height, to minimize dog barking.
(e)
Structures in which animals are kept shall provide adequate
shelter from the elements, including being heated during cold weather.
(f)
All animal wastes shall be removed and properly disposed of,
at least once a day.
(g)
The operator of the kennel shall exercise all necessary control
over the animals and shall not allow a nuisance condition to exist
in terms of excessive noise, odor or health hazards.
(19)
Mineral extraction.
(a)
Application requirements. A copy of all site plan information
that will be required by the state DEP shall also be submitted to
the Borough as part of the zoning application.
(b)
A detailed and appropriate land reclamation and reuse plan of
the area to be excavated shall be submitted to the Zoning Officer.
(c)
After areas are used for mineral extraction, those areas shall
be reclaimed in phases to a nonhazardous and environmentally sound
state permitting some productive or beneficial future use.
(d)
A seventy-five-foot wide yard covered by natural vegetative
ground cover (except at approved driveway crossings) shall be required
along all exterior lot lines that are within 250 feet of an area of
excavation. This yard shall include an earth berm with a minimum average
height of six feet and an average of one shade tree for each 50 feet
of distance along the lot lines. Such shade trees shall be planted
outside of any berm and any fence.
(e)
The following minimum setbacks shall apply for the excavated
area of a mineral extraction use from property that is not owned by
the owner or operator of the mineral extraction use:
[1]
One hundred feet from the existing right-of-way of public streets
and from all exterior lot lines of the property;
[2]
One hundred fifty feet from a commercial or industrial building,
unless released by the owner thereof;
[3]
Two hundred fifty feet from a lot line of a dwelling, other
than an abandoned dwelling;
[4]
One hundred fifty feet from the lot line of a publicly owned
recreation area that existed at time of the application for the use
or expansion.
(f)
The excavated area of a mineral extraction use shall be set
back 150 feet from the average waterline of a perennial stream or
the edge of a natural wetland of more than two acres.
(g)
Truck access to the use shall be located to reasonably minimize
hazards on public streets and dust and noise nuisances to residences.
(h)
Fencing. The Zoning Hearing Board may require secure fencing
in locations where needed to protect public safety. As an alternative,
the Zoning Hearing Board may approve the use of thorny vegetation
to discourage public access. Also, warning signs shall be placed at
intervals of not less than 100 feet around the outer edge of the use.
(j)
County Conservation District. A soil erosion and sedimentation
plan shall be prepared by the applicant and found to be acceptable
to the County Conservation District.
(k)
Hours of operation. The Zoning Hearing Board, as a condition
of special exception approval, may reasonably limit the hours of operation
of the use and of related trucking and blasting operations to protect
the character of adjacent residential areas.
(l)
The activities and residual effects shall not create conditions
that are significantly hazardous to the health and safety of neighboring
residents.
(20)
Mobile/manufactured home. The following provisions shall apply
for a dwelling on an individual lot or within a mobile/manufactured
home park approved after the adoption of this chapter:
(a)
Construction. Any mobile/manufactured home placed on any lot
after the adoption of this chapter shall be constructed in accordance
with 1976 or later Safety and Construction Standards of the U.S. Department
of Housing and Urban Development. (Note: These federal standards supersede
any building code for the actual construction of the home itself.)
(b)
Each site shall be graded to provide a stable and well-drained
area.
(c)
Each home shall have hitch and wheels removed.
(d)
Anchoring. A mobile/manufactured home on an individual lot or
mobile/manufactured home park shall include a system that secures
the home to the ground to prevent shifting, overturning or uneven
settling of the home, with a secure base for the tie-downs.
(e)
Foundation treatment. The space between the bottom of the home
and the ground and/or home pad shall be enclosed using a durable material
that has the appearance of a foundation of a site-built home, such
as material with a concrete-type or stucco facing. This subsection
shall not apply within a manufactured/mobile home park. Metal skirting
shall only be permitted within a manufactured/mobile home park. Provisions
shall be provided as necessary for access to utility connections.
(f)
The front door of the home shall face onto a public street,
except within a mobile home park.
(h)
A mobile/manufactured home shall not be permitted within a state-certified
or National Register Historic District.
(21)
Mobile/manufactured home park.
(b)
The minimum tract area shall be one contiguous acre, which shall
be under single ownership.
(c)
Density. The maximum average overall density shall be four dwelling
units per acre.
[1]
To calculate this density, land in common open space or proposed
streets within the park may be included. Land within the one-hundred-year
floodway or that has natural slopes of 15% or greater shall not be
included when calculating density.
(d)
Landscaped perimeter. Each mobile/manufactured home park shall
include a twenty-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. A planting plan for such area shall be approved by the
Zoning Hearing Board as part of any required special exception approval.
Such landscaped area shall not be required between adjacent mobile
home park developments. This landscaped area shall be 35 feet wide
abutting existing single-family detached dwellings. The same area
of land may count towards both the landscaped area and the building
setback requirements.
(e)
A dwelling, including any attached accessory building, shall
be set back a minimum of 25 feet from another other dwelling within
the mobile home park, except that unenclosed porches, awnings and
decks may be 15 feet from the walls of another dwelling.
(f)
The minimum separation between homes and edge of interior street
cartway or parking court cartway shall be 25 feet.
(g)
The minimum principal and accessory building setbacks from exterior/boundary
lot lines shall be 40 feet.
(h)
Each home shall comply with the above requirements for mobile/manufactured homes in this § 450-34.
(i)
Accessory structures. A detached accessory structure or garage
shall be separated by a minimum of 15 feet from any dwelling units
which the accessory structure is not accessory to.
(j)
Common open space for a mobile home park. A minimum of 10% of
the total lot area of the entire mobile home park shall be set aside
as common open space for the residents.
(k)
Streets.
[1]
Access to individual mobile home spaces shall be from interior
parking courts, access drives or private streets and shall not be
from public streets exterior to the development.
[2]
Streets within the mobile home park that provide access to reach
20 or more dwellings shall have a minimum paved cartway of 24 feet,
and other local private streets or parking courts serving less than
20 homes shall have a minimum paved cartway of 20 feet.
[3]
Curbs and sidewalks are not required on the private streets,
but all private streets shall meet all other Borough cartway construction
standards.
(23)
Outdoor storage and display. The provisions listed under § 450-35 are hereby included by reference.
(24)
Picnic grove, private.
(a)
Minimum lot area: one acre, unless a larger lot area is required
by another section of this chapter.
(b)
All buildings, pavilions and active recreation areas shall be
set back a minimum of 50 feet from any lot line of an existing principal
dwelling, unless a larger setback is required by another section of
this chapter.
(c)
The use shall not be open to customers/patrons between the hours
of 11:00 p.m. and 7:00 a.m.
(25)
Place of worship.
(a)
Minimum lot area: 25,000 square feet in a residential district.
In other districts, the standard minimum lot area shall apply.
(b)
Weekly religious education rooms and meeting rooms are permitted
accessory uses, provided that such uses are of such a character and
intensity that they would be clearly customary and incidental to the
place of worship. A primary or secondary school and/or a child or
adult day-care center are permitted on the same lot as a place of
worship, provided the requirements for such uses are also met. Other
uses shall only be permitted if all of the requirements for such uses
are also met, including being permitted in the applicable district.
(c)
Two dwelling units may be accessory to a place of worship on
the same lot, provided that they are only used to house religious
leaders and their families.
(26)
Recreation, outdoor.
(a)
Any outdoor activity area shall be located no closer to any
lot line than the required front yard depth and shall be screened
and, if necessary, sound insulation shall be provided to protect the
neighborhood from any possible noise.
(c)
Any swimming pool shall meet the requirements for such use,
as stated in this article.
(27)
Recycling collection center.
(a)
This use shall not be bound by the requirements of a solid waste
disposal facility.
(b)
All materials shall be kept in appropriate containers, with
appropriate sanitary measures and frequent enough emptying to prevent
the attraction of insects or rodents and to avoid fire hazards.
(c)
Adequate provision shall be made for movement of trucks if needed
and for off-street parking.
(d)
A twenty-foot wide buffer yard with screening as described in § 450-62 shall be provided between this use and any abutting residential lot line.
(e)
This use may be a principal or accessory use, including being
an accessory use to a commercial use, an industrial use, a public
or private primary or secondary school, a place of worship or a Borough-owned
use, subject to the limitations of this section.
(f)
Materials to be collected shall be of the same character as
the following materials: paper, fabric, cardboard, plastic, metal,
aluminum and glass. No garbage shall be stored as part of the use,
except for that generated on-site and that accidentally collected
with the recyclables. Only materials clearly being actively collected
for recycling may be stored on site.
(g)
The use shall only include the following operations: collection,
sorting, baling, loading, weighing, routine cleaning and closely similar
work. No burning or land filling shall occur. No mechanical operations
shall routinely occur at the site other than operations such as baling
of cardboard.
(h)
The use shall not include the collection or processing of pieces
of metal that have a weight greater than 50 pounds, except within
an industrial district.
(i)
The use shall include the storage of a maximum of 50 tons of
materials on the site if the use is within a residential district
and within 500 feet of an existing dwelling.
(28)
Research laboratory. Defined herein as a building or group of
buildings in which are located facilities for scientific research,
investigation, testing, or experimentation, but not facilities for
the manufacture or sale of products except as incidental to the main
purpose of the laboratory.
(a)
No building or other structure shall be located within 500 feet
of a residential zoning district.
(b)
All buildings, structures and storage areas shall be enclosed
with a minimum eight-foot high safety fence.
(c)
The use shall not have or create any potential for environmental,
fire, explosion, chemical, biological, or genetic hazards; or pose
any other threat to the general health, safety and welfare of the
Borough.
(d)
No material which is dangerous due to the explosion, toxicity,
fire hazard or radioactivity shall be used, stored or manufactured.
(e)
No offensive waste shall be discharged into any stream, storm
drainage systems or sanitary disposal systems.
(f)
No offensive dust, dirt, fly ash, offensive odors or noxious
toxic or corrosive fumes, gases or liquids shall be emitted.
(g)
No noise or vibration which is objectionable due to volume,
intermittence, beat frequency, or shrillness shall be transmitted
outside the property where it originated.
(30)
Restaurant.
(b)
See drive-through service in § 450-35D(4).
(c)
Drive-through service shall only be provided where specifically
permitted in the applicable district regulations.
(31)
School, public or private, primary or secondary.
(a)
Minimum lot area: two acres in a residential district. In any
other district, the use shall meet the standard minimum lot area for
that district.
(b)
No building, children's play equipment, basketball courts
or illuminated recreation facilities shall be within 25 feet of a
residential lot line, unless a more restrictive setback is established
by another section of this chapter.
(c)
The use shall not include a dormitory unless specifically permitted
in the district.
(32)
Self-storage development.
(a)
All storage units shall be of fire-resistant construction.
(b)
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.
(c)
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.
(d)
Nothing shall be stored in interior traffic aisles, required
off-street parking areas, loading areas or accessways.
(e)
The use shall not include a commercial auto repair garage unless
that use is permitted in the district and the use meets those requirements.
(f)
Adequate lighting shall be provided for security, but it shall
be directed away or shielded from any adjacent residential uses.
(h)
Minimum separation between buildings: 20 feet, which shall allow
passage by emergency vehicles.
(33)
Swimming pool, non-household.
(a)
The water surface shall be set back at least 50 feet from any
existing dwelling.
(b)
Minimum lot area: 30,000 square feet.
(c)
Any water surface within 100 feet of an existing dwelling shall be separated from the dwelling by a buffer yard meeting § 450-62.
(d)
The water surface shall be surrounded by a secure, well-maintained
fence at least six feet in height.
(e)
Drainage. A proper method shall be provided for drainage of
the water from the pool that will not flood other property.
(34)
Target range.
(a)
All target ranges shall have a barrier behind the target area
which is of sufficient height and thickness to adequately protect
the public safety. This barrier shall be made of earth for an outdoor
firearms range.
(b)
The design of the outdoor firearms target range shall be compared
by the applicant with any applicable published guidelines of the National
Rifle Association.
(c)
An outdoor firearms target range and any firing stations shall
be located a minimum of 250 feet from any residential lot line, unless
all firing would occur within a completely enclosed sound-resistant
building. Clay pigeon shooting shall be directed away from homes and
streets.
(d)
An outdoor firearms target range shall be properly posted.
(f)
An indoor firearms target range shall be adequately ventilated
and/or air conditioned to allow the building to remain completely
enclosed.
(35)
Townhouses/rowhouses and apartments.
(a)
Maximum number of townhouses attached in any manner: five.
(b)
Paved area setback. 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 15 feet from any dwelling.
(c)
Garages. Townhouses shall be designed so that garages and/or
carports are not an overly prominent part of the view from public
streets. For this reason, parking courts, common garage or carport
structures or garages at the rear of dwellings are encouraged instead
of individual garages opening onto the front of the building, especially
for narrow townhouse units.
(d)
Mailboxes. 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 non-coordinated
types at the curbside are specifically discouraged.
(e)
Access. Vehicular access points onto all arterial and collector
streets shall be minimized to the lowest reasonable number. No townhouse
dwelling within a tract of five or more dwelling units shall have
its own driveway entering onto an arterial or collector street.
(36)
Treatment centers.
(b)
The applicant shall provide a written description of all types
of persons intended to occupy the use during the life the permit.
Any future additions to this list shall require an additional special
exception approval.
(c)
The applicant shall prove to the satisfaction of the Zoning
Hearing Board that the use will involve adequate on-site supervision
and security measures to protect public safety.
(d)
The Zoning Hearing Board may place conditions upon the use to
protect public safety, such as conditions on the types of residents
and security measures.
(e)
If the use involves five or more residents, a suitable on-lot
outdoor recreation area shall be provided that is supervised by the
center's staff.
(37)
Veterinarian office (includes animal hospital).
(a)
Minimum lot area: 15,000 square feet.
(b)
Any structure in which animals are treated or housed shall be
a minimum of 50 feet from any "residential lot line." Buildings shall
be adequately soundproofed so that sounds generated within the buildings
cannot routinely be perceived within any adjacent dwellings.
(c)
Outdoor animal runs may be provided for small animals for use
between 8:00 a.m. and 8:00 p.m., provided the runs are at least 150
feet from any existing 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.
(d)
Although animals may be kept as an accessory use, a commercial
kennel shall only be allowed if a kennel is permitted in that district
and if the applicable requirements are met.
A.
General. Accessory buildings, structures or uses that are clearly
customary and incidental to a permitted by right, special exception
or conditional use are permitted by right, except as is provided for
in this chapter. A business shall only be conducted as an accessory
to a dwelling if specifically permitted by this chapter.
B.
Accessory setbacks. The accessory setback requirements of the applicable
district shall apply to every accessory building, structure or use
unless a standard that is clearly meant to be more restrictive or
less restrictive is specifically stated in this article for a particular
accessory use. Accessory structure setback requirements shall not
apply to permitted surface parking lots, fences or permitted accessory
signs.
C.
Front yard setback. No accessory structure, use or building shall
be permitted in a required front yard in any district, unless specifically
permitted by this chapter.
D.
Special standards. Each accessory use shall comply with all of the
following standards listed for that use:
(2)
Bus shelters.
(a)
A bus shelter that complies with this section shall be allowed
to provide refuge for mass transit riders from adverse weather conditions.
(b)
Only the following signs shall be permitted: one two-sided sign
with a maximum sign area of 30 square feet (which may be illuminated);
and nonilluminated signs identifying the name of the transit provider,
route schedules and maps.
(c)
A bus shelter with advertising signs shall only be allowed within
commercial and industrial districts. The location of a bus shelter
shall be approved in advance by the transit provider and Borough Council.
The applicant shall prove to the Zoning Officer that the location
will not interfere with pedestrian traffic along the sidewalk and
with safe sight distances at intersections. The Borough may also require
a written agreement for use of the public right-of-way.
(d)
The applicant shall prove to the Zoning Officer that there is
a legally binding commitment by a responsible entity to properly maintain
the bus shelter and to remove the shelter if it is not needed in the
future or if it falls into disrepair.
(e)
Such shelters shall be durably constructed, with a roof. For
security and safety purposes, the majority of the side walls of the
shelter shall be constructed of a clear, shatter-resistant material.
(f)
Any light bulbs/lighting elements shall not be directly visible
from outside of the shelters. The lighting may be diffused by an allowed
sign. Glare shall not be created.
(g)
A bus shelter shall not be located directly abutting a single-family
detached dwelling or a twin dwelling.
(h)
A bus shelter shall only be allowed within a commercial district
or an immediately abutting sidewalk.
(3)
Day care, child as accessory to a dwelling (includes family day-care
home or a group day-care home).
(b)
In any case, seven to 12 more children (other than children
who are "related" to the primary caregiver) shall only be cared for
at one time within a single-family detached dwelling with a minimum
lot area of 12,000 square feet and a ten-foot minimum setback from
all existing dwellings on another lot(s). Four to six children, in
addition to children who are related to the primary caregiver, shall
only be cared for at one time within a dwelling that is not attached
to another dwelling. The care of fewer numbers of children may occur
within any lawful dwelling unit.
(c)
The dwelling shall retain a residential appearance with no change
to the exterior of the dwelling to accommodate the use, other than
cosmetic improvements.
(d)
The use shall be actively operated by a permanent resident of
the dwelling.
(e)
If four or more children who are not related to a permanent
resident of the dwelling are cared for, then a minimum of 200 square
feet of safe exterior play area shall be available.
(g)
The use shall comply with any applicable state and federal regulations,
including having an appropriate State Department of Public Welfare
(or its successor agency) registration certificate or license if required
by such agency.
(h)
The use shall include a secure fence around any outdoor areas
abutting streets that are routinely used for outdoor play.
(4)
Drive-through facilities.
(a)
The proposed traffic flow and ingress-egress shall not cause
traffic hazards on adjacent streets.
(b)
On-lot traffic circulation shall be clearly marked.
(c)
A drive-through use shall be designed with space for an adequate
number of waiting vehicles while avoiding conflicts with traffic onto,
around and off of the site. Any drive-through facilities shall be
designed to minimize conflicts with pedestrian traffic.
(5)
Fences and walls.
(a)
Fences and walls are permitted by right in all districts. Any
fence or wall shall be durably constructed and well-maintained. Fences
that have deteriorated shall be replaced or removed.
(c)
Fences.
[1]
Front yard. Any fence located in the required front yard of
a lot in a residential district shall:
[a]
Be an open-type of fence (such as picket, metal
post or split rail) with a minimum ratio of 1:1 of open to structural
areas;
[b]
Not exceed four feet in height; and
[c]
In a Historic District, such fence shall not be
constructed from chain-link metal. Fences are encouraged to be constructed
using weather-resistant wood, vinyl materials that resemble wood,
or vinyl materials that resemble historic-style metal post fences.
[2]
On a corner lot, the maximum height of any fence shall be four
feet within a yard that faces a street (not including a lot along
an alley).
[3]
Brick may be used for posts or as a base for a fence, provided
the maximum fence height is not exceeded.
[4]
On a corner lot, a fence shall meet the same requirements along
both streets as would apply within a front yard. However, a fence
in the second front yard may have a height of six feet and is not
required to be an open-type fence if it is located to the rear of
the principal building. A fence shall not be required to comply with
minimum setbacks for accessory structures.
[5]
Height. Fences that are not within a residential district shall
have a maximum height of six feet in a minimum front yard setback
and eight feet in other locations. A fence in a residential district,
other than a required front yard, shall have a maximum height of six
feet.
[a]
However, a maximum of height of 12 feet shall be
permitted where the applicant proves to the Zoning Officer that such
taller height is necessary to protect public safety around a specific
hazard, such as around an electric substation.
[b]
Structural posts of a fence may extend above the
height of the fence.
[6]
Setbacks. No fence shall be built within an existing street
right-of-way. A fence is not required to be set back from a lot line,
but a small setback is recommended to provide for future maintenance
of the fence.
[7]
Fence materials. Barbed wire shall not be used as part of fences
around dwellings. No fence shall be constructed out of fabric, junk,
junk vehicles, appliances, tanks or barrels.
[8]
Facing of fence. If one side of a fence includes posts or supports,
those posts or supports shall be placed on the interior of the fence,
as opposed to facing onto a street or another lot.
(d)
Walls.
[1]
Engineered retaining walls necessary to hold back slopes are
exempted from setback regulations and the regulations of this section,
and are permitted by right as needed in all districts.
[2]
Walls in the minimum front yard or the side or rear accessory
building setback in a residential district shall have a maximum height
of three feet. On a corner lot, the maximum height of any wall shall
be three feet within a yard that faces a street. Any other wall that
is within a required yard shall have a maximum height of six feet.
[3]
Walls that are attached to a building shall be regulated as
a part of that building.
(6)
Garage sale.
(a)
See definition in § 450-24. A garage sale shall not include wholesale sales, nor sale of new merchandise of a type typically found in retail stores.
(b)
If accessory to a dwelling, no garage sales as an accessory
to a dwelling shall be held on a lot during more than four days total
in any 12 consecutive months.
(c)
The use shall be clearly accessory to the principal use.
(d)
See also the provisions for garage sales in the Borough Code.
(7)
Home occupations (also see no-impact home-based business).
(a)
All home occupations shall meet the following requirements:
[1]
The use shall be conducted primarily by a permanent resident
of the dwelling, and involve a maximum of one person working on-site
at any one time who does not reside within the dwelling. A maximum
of one nonresident employee shall visit the property on a daily basis
or operate a vehicle based at the property.
[2]
The use shall be conducted indoors. No outdoor storage or display
related to the home occupation shall be permitted. No changes shall
occur to the exterior of a building that would reduce its residential
appearance as viewed from a street.
[3]
The use shall occupy an area that is not greater than 25% of
the total floor area of the principal dwelling unit. The use shall
clearly be secondary to the residential use.
[4]
One off-street parking space shall be required per nonresident
employee. In addition, for a general home occupation, the Zoning Hearing
Board shall require additional off-street parking if the Board determines
it is necessary for customer parking.
[5]
The use shall not require delivery or pickup by tractor-trailer
trucks.
[6]
The regulations of Subsection D(11)(d) of this section regarding parking of trucks shall apply to a home occupation. No excavating equipment shall be parked overnight on a residential lot or an adjacent street as part of a home occupation.
[7]
No equipment or machinery shall be permitted that produces noise,
noxious odor, vibration, glare, electrical or electronic interference
detectable on another property. The use shall not involve the storage
or use of hazardous, flammable or explosive substances, other than
types and amounts typically found on a residential property. The use
shall not involve the storage or use of toxic or highly hazardous
substances.
[8]
A home occupation shall not be conducted in a manner that is
perceptible to other residents between the hours of 9:00 p.m. and
7:30 a.m.
[9]
Any tutoring or instruction shall be limited to a maximum of
three students at a time.
[10]
A barber or beauty shop shall not include any nonresident employees.
[11]
The main office of a medical doctor, chiropractor or dentist
shall not be permitted as a home occupation.
[12]
The only allowed sign shall be one home occupation sign meeting § 450-50. Such sign shall not be illuminated and shall be attached to a building.
[13]
The Zoning Hearing Board shall deny a general home occupation
application, or limit its intensity through conditions, if the Board
determines the use would be too intense for the proposed location.
In making such determination, the Board shall review the likely amounts
of traffic, the amount of deliveries that will be needed, the types
of operations involved and related nuisances, the amount of off-street
and on-street parking that is available, the density of the neighborhood,
whether the use would be adjacent to another dwelling, and the setbacks
from other dwellings.
[14]
The use shall not involve manufacturing, other than of custom
crafts and sewing. The use shall not involve commercial repair of
motor vehicles.
[15]
The use may include sales using telephone, mail order or electronic
methods. On-site retail sales shall only be permitted within a general
home occupation, and if specifically approved as part of a special
exception approval. Such retail sales shall be limited to sales that
are clearly accessory to an approved barber shop or similar on-site
service.
[16]
If more than one home occupation is accessory to a dwelling,
the total aggregate impact of the home occupations shall be considered
in determining compliance with this chapter.
[17]
A zoning permit shall be required for any home occupation.
[18]
If a tenant is seeking special exception approval, written consent
for the application shall be provided from the owner of the property.
[19]
If a home occupation is discontinued for a period of over one
year, then a new approval shall be required before the home occupation
may be reestablished.
(8)
No-impact home-based business. No-impact home-based businesses are
permitted-by-right accessory uses. The business or commercial activity
must satisfy the following requirements:
(a)
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
(b)
The business shall employ no employees other than family members
residing in the dwelling.
(c)
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
(d)
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs or lights.
(e)
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
(f)
The business activity may not generate any solid waste or sewage
discharge, in volume or type, which is not normally associated with
residential use in the neighborhood.
(g)
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
(h)
The business may not involve any illegal activity.
(9)
Outdoor storage and display. Commercial or industrial as a principal
or accessory use.
(a)
Location. Outdoor storage or display shall not occupy any part
of any of the following: the existing or future street right-of-way,
buffer yard, sidewalk or other area intended or designed for pedestrian
use or required parking area.
(b)
No such storage or display shall occur on areas with a slope
of 25% or more within the one-hundred-year floodway.
(d)
Any storage of more than 50 used tires shall only be permitted
as part of a Borough-approved junkyard. Any storage of used tires
shall involve stacks with a maximum height of 15 feet, and that cover
a maximum of 400 square feet. Each stack shall be separated from other
stacks from all lot lines by a minimum of 75 feet.
(10)
Pets, keeping of.
(a)
This is a permitted-by-right accessory use in all districts.
(b)
No use shall involve the keeping of animals or fowl in such
a manner or of such types of animals that it creates a serious nuisance
(including noise or odor), a health hazard or a public safety hazard.
The owner of the animals shall be responsible for collecting and properly
disposing of all fecal matter from pets. No dangerous animals shall
be kept outdoors in a residential district, except within a secure,
completely enclosed cage or fenced area of sufficient height or on
a leash under full control of the owner.
(d)
The keeping of up to two total pigeons, chickens, ducks, geese
and/or similar-sized animals shall be permitted on lot with a minimum
lot area of 10,000 square feet.
(e)
Animals shall only be permitted provided they do not create
unsanitary conditions or noxious odors for neighbors.
(f)
A minimum lot area of two acres shall be required for the keeping
of a horse or similar-sized animal, with one additional acre required
for each additional such animal.
(g)
Only those pets that are domesticated and are compatible with
a residential character shall be permitted as keeping of pets. Examples
of permitted pets include dogs, cats, rabbits, gerbils and lizards,
but do not include bears, goats, wolves, wolf-dog hybrids, cows, venomous
snakes that could be toxic to humans, hogs or sheep.
(h)
It shall be unlawful on a residential property to maintain any
exotic wildlife as defined by the Pennsylvania Game and Wildlife Code,
whether or not an exotic wildlife possession permit has been issued.
(11)
Residential accessory structure or use. (See definition in Article III.)
(a)
Accessory structures and uses (other than fences) shall not be located within the required accessory use setback as stated in § 450-31 unless specifically exempted by this chapter. Accessory structures shall not be located within a front yard, nor within 10 feet of any street right-of-way line (such as on a corner lot).
(b)
Accessory buildings in a residential district shall meet the
following requirements:
[1]
The maximum total building coverage of all accessory buildings
and principal buildings shall not exceed the maximum percent building
coverage in the Table of Dimensional Requirements in Each District
at the end of this chapter for the various residential districts.
(Note: this building coverage limit does not include: unroofed household
swimming pools; any attached, unroofed swimming pool deck; or fences.)
[2]
The maximum total impervious lot coverage of all accessory buildings
and principal buildings shall not exceed the maximum percent impervious
coverage in the Table of Dimensional Requirements in Each District
at the end of this chapter for the various residential districts.
(Note: this impervious lot coverage limit does include: a swimming
pool unit, defined, herein, as the swimming pool plus any adjacent
sidewalk and/or paved surface around the pool, any roofed pool deck,
any pool house; impervious patio areas; and any other impervious areas
on the lot.)
(d)
Parking of trucks and buses. The overnight parking of commercial
trucks and buses on a primarily residential lot in a residential district
is prohibited, except that the following shall be permitted if such
vehicle(s) is used by residents of the dwelling to travel to and from
work:
[1]
The parking of a maximum of two vehicles, each of up to 14,000
pounds aggregate gross vehicle weight.
(g)
A maximum of one motor vehicle that does not display a current state registration and license plate may be stored on a residential lot outside of an enclosed building. However, such unregistered motor vehicle shall not be stored for more than 30 days in any calendar year. See also Chapter 422, Vehicles, Abandoned and Junked.
(12)
Swimming pool, household (referred hereafter as "pool").
(a)
Enclosure pools. A new or existing swimming pool shall include
a secure fence with a minimum four feet height or other enclosure
meeting the requirements of the applicable Building Code.
(b)
Location. Any pool deck or shelter that is elevated above the
average surrounding ground level and the water surface of any pool
shall be set back a minimum of 10 feet from any lot line. Patios around
pools that are level with the average surrounding ground level are
not required to be set back from lot lines. A pool is not permitted
within a required front yard. A pool shall comply with limitations
of any water or sewer easement.
(c)
Drainage. A proper method shall be provided for drainage of
the water from the pool that will not flood other property. Such method
may be subject to approval of the Zoning Officer.
(d)
The Borough does not assume responsibility for guaranteeing
to the public that all new and existing pools fully comply with these
provisions.
(13)
Telephones or vending machines.
(a)
No outdoor pay telephone and no outdoor coin-operated vending
machine shall be placed on a public sidewalk in the public right-of-way,
except for newspaper/periodical vending machines, and only with the
permission of the property owner. A newspaper/periodical vending machine
shall only be permitted on a sidewalk if a four-foot wide pedestrian
path is unobstructed.
(b)
No pay telephone and no coin-operated vending machine shall
be outdoors as accessory to a dwelling or vacant lot.
(14)
Unit for care of relative.
(b)
The accessory unit shall be occupied by a maximum of two persons,
who shall be close "relatives" of the permanent residents of the principal
dwelling unit. At least one resident of the accessory unit shall need
such accommodations because of an illness, old age or disability.
(c)
The applicant shall prove to the Zoning Hearing Board that the
accessory unit has been designed and constructed so that it can be
easily reconverted into part of the principal dwelling unit after
the relative no longer resides within the unit. A written plan shall
be submitted showing how the separate unit will be changed to no longer
be a separate unit. The accessory unit may be converted into an additional
bedroom(s), permitted home occupation area or similar use. A lawful
detached garage may be converted into a unit for care of relative,
and then be reconverted to a garage or permitted home occupation area.
(d)
The applicant shall establish a legally binding mechanism that
will prohibit the use of the accessory unit as a separate dwelling
unit after the relative no longer resides within the unit. Such mechanism
shall also be binding upon future owners.
(e)
The owner of the property shall be required to annually renew
the permit for the use. Such renewal shall be conditioned upon the
owner proving that a relative of the occupants of the principal dwelling
unit continues to reside within the accessory unit.
(f)
Such accessory unit shall not decrease the one-family residential
appearance of a one-family dwelling, as viewed from exterior property
lines.
(g)
Additional parking for the accessory unit may be waived by the
Zoning Hearing Board as part of the special exception approval if
the applicant proves that the resident(s) of the accessory unit will
not routinely operate a vehicle.
