Unless otherwise provided by law or in this
chapter, no building or structure shall be constructed, erected, or
extended and no building, structure, or land shall be used or occupied
except for the uses permitted in this article. The Zoning Officer
shall not issue a zoning permit until provisions of all other Borough
ordinances shall have been complied with, where applicable.
A.
A use listed in Article V as a use permitted by right is permitted subject to such requirements as may be specified in § 450-14, after approval has been granted subject to the requirements of Chapter 385, Subdivision and Land Development, of the Code of the Borough of New Britain, if applicable, and after a zoning permit has been issued in accordance with this chapter.
[Amended 10-8-1996 by Ord. No. 269]
B.
A use listed in Article V may be permitted as a special exception, provided the Zoning Hearing Board authorizes the issuance of a zoning permit by the Zoning Officer, subject to the requirements of this chapter and after approval has been granted subject to the requirements of Chapter 385, Subdivision and Land Development, of the Code of the Borough of New Britain, if applicable, and such further restrictions as said Board may establish.
C.
A use listed in Article V may be permitted as a conditional use, provided the Borough Council, having received positive recommendations from the Planning Commission, grants the conditional use subject to the expressed standards set forth in § 450-14 and Article VIII, and after approval has been granted subject to the requirements of Chapter 385, Subdivision and Land Development, of the Code of the Borough of New Britain, if applicable, and such further conditions that the Borough Council may impose to insure the protection of adjacent uses, or the health, safety, or general welfare.
A.
Uses permitted by right, by conditional use or by
special exception shall be subject, in addition to use regulations,
to such regulations of yard, lot area, lot width, building area, easements,
provisions for off-street parking and loading, buffers, and to such
other provisions as are specified in other articles of this chapter.
B.
All uses permitted in the Borough shall be subject
in addition to these ordinance regulations to all other applicable
Borough, county, state or federal requirements and licensing regulations
and to the requirements of any other agency with jurisdiction. These
include but are not limited to regulations for licensing of human
service activities, requirements for accessibility of the disabled,
sewage disposal requirements, floodplain regulations, water supply
regulations, soil erosion and sedimentation control requirements,
state road regulations, fire protection requirements.[1]
[1]
Editor's Note: Former Section 403, Preexisting
special exception uses, which immediately followed this section, was
repealed 10-8-1996 by Ord. No. 269 and 9-14-1999 by Ord. No. 281.
A.
Residential uses.
(1)
Single-family detached dwelling. Single-family detached dwelling
on an individual lot with no required public or community open space
and with private yards on all sides of the dwelling. Detached dwellings
may include dwellings constructed on the lot, prefabricated dwellings,
manufactured dwellings, and modular dwellings. The following area
and dimensional requirements shall apply unless other area and dimensions
are otherwise stated for a specific district:
[Amended 5-8-2018 by Ord.
No. 386]
(2)
Two-family dwelling. A building containing two dwelling
units, each of which is totally separated from the other by a solid
wall extending from ground to roof or a solid ceiling and floor extending
from exterior wall to exterior wall, except for a common stairwell.
(3)
Townhouse dwelling.
(a)
The townhouse is a single-family, attached dwelling
unit, with one dwelling unit from ground to roof, having individual
outside access.
[1]
Minimum tract or site area eligible, for townhouse
dwelling use: six acres.
[2]
Minimum lot area per dwelling unit: 2,000 square
feet.
[3]
Maximum impervious surface ratio: 40%.
[5]
Minimum building spacing between groups of townhouses:
30 feet.
[6]
Maximum net density: six units per acre.
[7]
Minimum open space ratio: 40%.
[8]
Maximum dwelling units attached in a single
building: six units.
(b)
In addition to the parking requirements per
unit, 0.25 spaces per dwelling unit of overflow off-street parking
shall be required.
(4)
Multifamily dwelling.
(a)
Multifamily dwelling units are individual dwelling
units which may share a common outside access or which may have individual
outside entrances to each unit. They shall contain three or more dwelling
units in a single structure.
[1]
Minimum tract or site area eligible for multifamily
dwellings: six acres.
[2]
Maximum impervious surface ratio: 50%.
[3]
Minimum lot area per unit: 2,000 square feet.
[5]
Maximum number of units per building: 12 feet.
[6]
Minimum lot width at building line: 300 feet.
[7]
Maximum building height: 35 feet.
[8]
Maximum density per acre of site area: eight
units per acre.
[9]
Minimum open space (percent of site area): 40%.
(b)
In addition to the parking requirements per
unit, 0.25 space per dwelling unit of overflow off-street parking
shall be required.
(5)
Performance subdivision.
(a)
Performance subdivisions are residential developments
in which mixed housing types are encouraged in order to provide a
variety of housing choices. Units are to be clustered to provide common
open space for recreation uses and to protect natural resource features
on the site. The following dwelling types are permitted: single-family
dwelling, two-family dwelling, townhouse dwelling, multifamily dwelling.
(b)
Dwelling unit mix. All performance subdivisions
containing more than 60 dwelling units shall contain at least two
types of units. These can include single-family dwellings, two-family
dwellings, multifamily dwellings, or townhouse dwellings. Where a
mix of dwelling unit types is required, a minimum of 20% of all units
shall be of a single dwelling unit type.
(c)
Area and dimensional requirements for performance
subdivisions.
(6)
Mobile home park. See definition in Article II. A mobile home is permitted on any lot where single-family detached dwellings are permitted, in compliance with the lot, area, dimensional, and other requirements for single-family detached dwellings in the district in which the mobile home is located.
(7)
Residential conversion. The alteration of an existing
principal residential structure to create within it one additional
self-contained dwelling unit; or the change in use of an accessory
building by creating within it a new self-contained dwelling unit,
in accordance with the following regulations:
(b)
Each dwelling unit shall have a safe and convenient
means of ingress and egress. No conversion which requires the addition
of an outside stairway or a fire escape on the front or side of the
building shall be permitted.
(c)
No new building additions may be constructed
and no increase in floor area is permitted in order to accommodate
a residential conversion.
(d)
Two off-street parking spaces must be provided
for each new dwelling unit created.
(e)
No more than one additional dwelling unit may
be created per lot, and no residential conversion is permitted on
lots where an accessory family apartment has been permitted.
B.
Nonresidential uses.
(1)
Adult commercial. Any adult or sexually oriented business,
including any business establishment that regularly features live
performances, which are distinguished or characterized by an emphasis
on the exposure of the genitals or buttocks of any person, or the
breasts of any female person. Or specified sexual activities that
involve the exposure of the genitals or buttocks of any person, or
the breasts of any female person, or any business whose primary purpose
is the sale or display of matter that, because of its sexually explicit
nature, may, pursuant to state law or other regulatory authority,
be offered only to persons over the age of 18 years. Adult commercial
may include an adult arcade, adult bookstore, adult cabaret, adult
motion-picture theater, or adult visual materials or video store as
defined in this chapter. The adult commercial use includes any other
use or business, regardless of how named or advertised, that is of
a character like or similar to the uses and businesses described herein.
[Amended 3-8-2010 by Ord. No. 338]
(a)
ADULT ARCADE
ADULT BOOKSTORE
ADULT CABARET
ADULT MOTION-PICTURE THEATER
ADULT VISUAL MATERIALS OR VIDEO STORE
DISTINGUISHED OR CHARACTERIZED BY AN EMPHASIS UPON
REGULARLY FEATURES
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
[1]
[2]
[3]
[4]
[5]
The following definitions shall apply the adult
commercial use:
Any place in which the public, or a private member, is permitted
or invited wherein coin-operated or slab-operated or electronically,
electrically, or mechanically controlled still or motion picture,
or video machines, projectors, or other image-producing devices are
maintained to show images to five or fewer persons per machine at
any one time, and where the images so displayed are distinguished
or characterized by the depicting or describing of specified sexual
activities or specified anatomical areas.
An establishment having as a substantial, significant, or
preponderant portion of its stock in matter which are distinguished
or characterized by their emphasis on content depicting, describing
or relating to specified sexual activities or specified anatomical
areas as defined herein.
A building or portion thereof or area regularly featuring
the presentation or exhibition of live performers whose performances
are distinguished or characterized by an emphasis on matter depicting,
describing or relating to specified sexual activities or specified
anatomical areas as hereinafter defined; or whose performances are
rendered in a state of dress so as to expose the female breast below
a point immediately above the top of the areola; male or female genitals;
pubic areas; buttocks; or the female breast with only the nipple or
areola covered, or any combination thereof, for observation by patrons
or customers.
A building or portion thereof or area, open or enclosed,
used for the presentation on more than 1/3 of the days in a calendar
year during which motion-picture films, videocassettes, CDs, DVDs,
cable television or any other such visual media are displayed or exhibited,
of films, videocassettes, cable television or other visual media which
are distinguished or characterized by an emphasis on matter depicting,
describing, or relating to specified sexual activities or specified
anatomical areas as hereinafter defined for observation by patrons
or customers. "Adult motion-picture theater" does not include any
room or suite of rooms rented for human occupancy in a hotel or motel
which is equipped or furnished with a videocassette-playing machine
or cable television.
A building or portion thereof used by an establishment having
not less than 10% of its actual display area devoted to, or stock-in-trade
for sale or rental to the public or any segment thereof, consisting
of books, magazines, other publications, films, videocassettes, CDs,
DVDs, or any combination thereof which are distinguished or characterized
by their emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas as hereinafter defined.
The dominant or essential theme of the object described by
such phrase.
With respect to an adult commercial use, means a regular,
substantial course of conduct. The presentation, in or at any building
or portion thereof, of live performances which are distinguished or
characterized by an emphasis upon the display or specified anatomical
areas or specified sexual activity on four or more occasions within
a calendar year shall to the extent permitted by law be deemed to
be a regular and substantial course of conduct.
Any of the following:
Any of the following whether performed directly or indirectly
through clothing or other coverings:
Human genitals in a state of sexual stimulation or arousal;
Sexual acts, actual or simulated, including sexual intercourse,
oral copulation or sodomy;
Fondling or other erotic touching of human genitals, pubic region,
buttocks or female breast;
Masturbation, actual or simulated; and
(b)
The building or structure of an adult commercial
use shall be located no less than 500 feet from any residential use
or zoning district, public or private school, place of worship, recreation
facility, cemetery, college or university, commercial recreational/sports
facility, community center, day-care center, emergency services, funeral
home, hospital, library/museum, nursing home/personal care home, private
club, psychiatric center or clinic, public recreational facility,
or any other religious, institutional, or educational use. Residential
uses include, but are not limited to, the following: single-family
detached dwellings, two-family dwellings, townhouse dwellings, multifamily
dwellings, performance subdivision, mobile home park, residential
conversion, dormitory, accessory family apartment, bed-and-breakfast,
boarding, residential accessory building or structure, and apartment
in combination with a permitted nonresidential use. Residential zoning
districts include the following: R-1 Residence District, R-2 Residence
District, VH Village Historical District, and MHP Mobile Home Park
District. The setbacks and distances for an adult commercial use shall
also apply from buildings and structures, uses, and zoning districts
located in an adjacent municipality.
[1]
For the purposes of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure of the adult commercial use, to the nearest boundary line of any premises falling within one or more of the enumerated categories set forth in Subsection B(1)(b).
(c)
No adult commercial use shall be located within
2,000 feet of another adult commercial use. This separation shall
also apply to similar uses located in an adjacent municipality.
(d)
The adult commercial use shall not include conduct
which is prohibited pursuant to the provisions of 18 Pa.C.S.A. § 5903
(relating to obscene and other sexual materials and performances),
18 Pa.C.S.A. § 3127 (relating to indecent exposure), 18
Pa.C.S.A. § 5901 (relating to open lewdness), 18 Pa.C.S.A.
§ 6504 (relating to public nuisances), or any other applicable
statute, law or regulation.
(e)
No person under the age of 18 years of age shall
be permitted within a building whose operation would be considered
an adult commercial use.
(f)
No such use shall be allowed in combination
with the sale of alcoholic beverages.
(g)
No adult commercial use shall be operated in
any manner that permits the observation of any material or activities
depicting describing or relating to specific sexual activities or
specified anatomical areas from any public way or from any location
outside the building or area of such establishment. This provision
shall apply to any display, decoration, sign, show window or other
opening. No exterior door or window on the premises shall be propped
or kept open at any time while the business is open, and any exterior
windows shall be covered with opaque covering at all times.
(h)
All off-street parking areas and premises entries
of the adult commercial use shall be illuminated from dusk to closing
hours of operation with a lighting system which provides an average
maintained horizontal illumination of one footcandle of lighting on
the parking surface and/or walkways. The required lighting level is
established in order to provide sufficient illumination of the parking
areas and walkways servicing the adult commercial use for the personal
safety of patrons and employees and to reduce the incidence of vandalism
and criminal conduct.
(i)
All parking areas must be located in front of
the building.
(j)
Such use shall only be operated between the
hours of 4:00 p.m. and 12:00 a.m. (either on the Eastern standard
or Daylight saving time system). Extended hours of operation may be
approved by the Borough Council upon submission of a written request
by the applicant/owner of the facility. The Borough Council shall
take into consideration the type of facility, amount of usage, and
impact on adjoining properties when reviewing such requests.
(k)
An adult commercial use shall not include the
following:
[1]
Any activity conducted or sponsored by a school
district or other public agency; so long as such activity is being
conducted as part of and within the scope of an authorized and regular
part of the curriculum or is part of a training or instructional program
being conducted by a public agency.
[2]
Any activity conducted by a person pursuant
to any license issued by the Commonwealth of Pennsylvania or any agency
thereof charged with the responsibility of licensing, prescribing
standards for and supervising such activity or profession, in and
to the extent that such activity is conducted within the course and
scope of the exercise of the privileges authorized by such license,
or the duties of such agency.
(l)
The applicant must show that the proposed adult
commercial use would not adversely affect the character of the surrounding
area, including the property value for any property that is likely
to be affected. If Council determines that any adverse affect could
be eliminated by adequate setbacks between the proposed use and affected
properties, then Council may impose such setbacks as a condition of
approval. This authority to impose adequate setbacks as a condition
should not be construed to limit any other authority that Council
has under law to impose conditions on approval.
(m)
In addition to the notice required by § 450-62A of this chapter, the applicant shall provide receipts showing that he/she has mailed by certified mail a written notice of the proposed special exception hearing date to all property owners of record within 1,000 feet of the subject property at least 10 days prior to the hearing date.
(n)
Specific precautions shall be made to prohibit
minors from entering an adult commercial use premises, including but
not limited to checking appropriate identification for persons who
reasonably appear to be less than 25 years of age. An owner or operator
of an adult commercial use commits a violation of this chapter if
the owner or operator knowingly or negligently allows a person under
the age of 18 years on the premises of an adult commercial use. It
shall not be a defense that the person appeared to be 18 years of
age or older. It is the owner's and operator's responsibility to insure
that minors are not admitted to the premises. In the event of such
a violation, the Zoning Officer may revoke the zoning or use permit
for such adult commercial use and issue an enforcement notice if the
adult commercial use continues to operate in spite of revocation of
its permit.
(o)
No such use shall be permitted for any purpose
that violates any federal, state, or Borough law. Any violation of
this zoning requirement involving any criminal offense that the owner,
proprietor, or operator had continuing knowledge of and allows to
occur shall be sufficient reason for the Borough to revoke all Borough
permits concerning this use.
(p)
No adult commercial use may include live actual
or simulated sex acts or any sexual contact between entertainers.
(q)
All patrons within any adult commercial use
shall wear nontransparent garments that cover their genitals and the
female areola.
(r)
The applicant shall submit to the Borough a
written list of all persons having an ownership interest of more than
1% in the business, including shareholders and partners, of any corporation,
partnership, limited liability company, or other entity. The applicant
shall also submit the name of the manager who is responsible to ensure
that all Borough and state regulations are enforced on a day-to-day
basis.
(2)
Automobile body repair and/or paint shop. Establishments
doing paint spraying, body and fender work, and custom automobile
body work:
(a)
All such work shall be performed within a building;
(b)
All related automotive parts, refuse, and similar
articles shall be stored within a building or enclosed area screened
or fenced from view from the street and surrounding properties;
(c)
No vehicle shall be stored in the open awaiting
repairs for a period exceeding 21 consecutive days, unless screened
from all adjacent roads and properties by a fence or compact hedge
at least eight feet in height.
(3)
Automobile sales. Sale or rental of automobiles by
a new car dealership, used car sales, car, truck, trailer, cycle and
boat rental.
(a)
Minimum lot area: 60,000 square feet.
(b)
Maximum building coverage: 25% of lot area.
(d)
No commercial sale of gasoline or diesel fuels
shall be permitted.
(e)
All preparation, lubrication, repair and storage
of parts shall be accessory to the principal use and shall be conducted
within a building.
(f)
Parking for customers must be clearly marked
and separate from storage areas for vehicles for sale or vehicles
awaiting service.
(4)
Automobile service station and/or car wash. An establishment
for the sale of products and services for automobiles or motor vehicles,
with or without an accessory car wash.
(a)
Minimum lot area: 40,000 square feet.
(b)
Minimum lot width at front building setback
line: 200 feet.
(c)
All repair, storage of parts, and other activities
except for fuel sales shall be performed within an enclosed building.
Lubrication, oil changes, tire changes, and minor repairs permitted
if entirely within a building. All refuse shall be stored within an
enclosed building or screened with a landscaped fence.
(d)
Paint spraying or auto body work is prohibited.
(e)
Sale or rental of automobiles only is permitted
where the total number of automobiles on the property at any one time
does not exceed six. No trailer rentals are permitted.
(f)
Vehicles awaiting repairs shall not be stored
outdoors for more than 30 days.
(g)
No junk vehicles or vehicles without a valid
registration shall be stored in the open at any time unless awaiting
repairs or for sale.
(h)
Fuel pumps shall be at least 25 feet from any
ultimate street right-of-way.
(i)
Self-serve gas pumps shall meet all applicable
federal, state, and county regulations.
(j)
Where a car wash is to be provided, the facility
shall have a drainage system which ensures that water will not collect
on driveways, sidewalks, or streets.
(5)
Bank or financial establishment: bank, savings and
loan association, credit union and other financial establishment.
If a drive-in window is provided, a stacking area to accommodate at
least six vehicles shall be provided for each drive-in window.
(6)
Beer/soda distribution: A retail facility for the
sale of beer, soda, and related snack foods which may have a drive-through
facility. Where a drive-through is provided, a stacking lane adequate
for six cars shall be provided so that cars do not interfere with
the flow of traffic on adjacent streets or parking areas.
(7)
Cemetery: A burial place or graveyard including mausoleum,
crematory, or columbarium.
(8)
College or university: An educational facility authorized
to award baccalaureate degrees and post-baccalaureate degrees and
which may include buildings and structures necessary for the operation
of a college or university, including classroom buildings, laboratories,
gymnasiums, recreational facilities, and dormitories.
(9)
Commercial recreational or sports facility. A private
commercial sports facility, indoor or outdoor, such as tennis club,
skating rink, fitness club, swimming pool, bowling alley, skating
rink, billiard hall, indoor movie theater, theater, miniature golf
course, game arcade, subject to the following additional requirements:
(a)
Minimum lot area: one acre.
(b)
No outdoor active recreational area shall be
located nearer to any lot line than 50 feet.
(c)
Outdoor play areas shall be sufficiently screened
so as to protect the neighborhood from noise and other disturbances.
Buffer yards of a minimum width of 30 feet planted in accordance with
the standards of this chapter shall be provided if the use is located
within a residential district or adjacent to a residential use.
(d)
No audio speakers or equipment shall be installed
inside or outside the location of such use which would cause sounds
to emanate to the exterior of the establishment.
(10)
Community center. A community center is an educational,
social or recreational center operated by an educational, philanthropic,
or religious institution, which is not conducted as a commercial enterprise
and which is not a use which is customarily carried on as a business
and which does not include residential facilities for chronically
ill or other persons who need institutional care due to illness, disability,
or who are part of a criminal justice program. A buffer area between
any outdoor recreational areas and adjoining residential properties
or residential districts is required and must have a width of 12 feet,
planted in accordance with the requirements of this chapter.
(11)
Contractor services. The office and shop of
a contractor providing building, electrical, heating, painting, roofing,
carpentry, or plumbing, provided that the following regulations are
met:
[Amended 4-13-1999 by Ord. No. 279]
(a)
No storage of used or discarded materials, including
but not limited to wastepaper, metal, building materials, house furnishings,
machinery, vehicles or parts thereof, with or without the dismantling,
processing, salvage, sale or other use, is permitted.
(b)
Contractor vehicles, trucks, and equipment shall
be parked in a designated area which shall be behind the required
setback lines.
(c)
Outside storage of materials and supplies is
permitted only in accordance with the regulations for outside storage
or display in this chapter.
(d)
No storage of nonoperable or junk vehicles is
permitted. All requirements of other Borough ordinances regulating
vehicles must be complied with.
(12)
Convenience store: a retail store offering primarily
groceries, prepared food items, and other small consumer items intended
for quick carry-out trade.
(a)
Separate accessways shall be provided for the
safe and convenient egress and ingress of motor vehicles. No accessway
shall exceed 35 feet in width.
(b)
There shall be no more than one access point
into the facility from each street on which the facility has frontage,
unless specifically permitted by the Borough Council, upon recommendation
by the Planning Commission. No drive-through windows are permitted.
(c)
Trash receptacles shall be located and landscaped
so as to not create an intrusion upon adjacent properties. Convenience
stores shall provide a trash storage area which shall be screened
from the street and adjacent properties by an enclosed fence at least
six feet in height to prevent trash from blowing from the area and
to serve as a visual screen for the trash area.
(13)
Craft village: a facility or group of structures
and buildings where craftsmen or artisans manufacture items for sale
for personal or household use, such as cabinetmakers, furniture makers,
and makers of artistic or craft items. A craft village is only permitted
on a lot or tract where there is an existing historic structure, as
identified by the Borough Historical Commission and Borough Council,
and where the historic building is used as part of the craft village
and is preserved and/or rehabilitated to maintain its historic character.
Buildings so designated must be maintained in accordance with the
"Standards for Rehabilitation and Guidelines for Rehabilitating Historic
Buildings," published by the Heritage Conservation and Recreation
Service, U.S. Department of the Interior.
(a)
Minimum lot area: four acres.
(c)
Only products made on the same lot with and
within the craft village shall be sold on the premises.
[Amended 10-8-1996 by Ord. No. 269]
(d)
The indoor area devoted to retail sales within the craft village shall not exceed 30% of the total floor area of the buildings on the lot and shall be limited to the products described in Subsection B(13)(c).
(e)
The outdoor area devoted to temporary outdoor sales shall not exceed 10% of the total lot area and shall be limited to the products described in Subsection B(13)(c). All tables, booths, stands, or other items or accessories used to display or sell craft items shall be removed or stored within an enclosed building when the craft village is not open and in operation.
[Amended 10-8-1996 by Ord. No. 269]
(f)
Off-street parking areas shall be located no
less than 25 feet from all property lines and the street right-of-way
line.
(g)
A planted buffer 20 feet in width and planted
with a mix of evergreens and shrubs shall be provided wherever the
use abuts a residential district or residential use.
(h)
Food vendors and vending machines located outside
an enclosed building are prohibited.
[Amended 10-8-1996 by Ord. No. 269]
(14)
Day-care center: cay-care service or nursery
school for more than six children, providing out-of-home care for
part of a twenty-four-hour day to children under 16 years of age,
excluding care provided by relatives and care provided by places of
worship during religious services.
(a)
The facility shall meet all applicable design,
site and area standards of the Pennsylvania Department of Public Welfare,
Day Care Division, and must obtain a license from the Department of
Public Welfare.
(b)
Buffer yards of a minimum width of 12 feet planted
in accordance with the standards of this chapter shall be provided
if the use is located within a residential district or adjacent to
a residential use.
(15)
Dormitory: a building occupied by and maintained exclusively for faculty, students or other such persons affiliated with Subsection B(8), College or university, or other educational facility and which is regulated by such institution.
(16)
Eating place: eating place for the sale and
consumption of food and beverages without drive-through service.
(17)
Eating place with drive-through service: eating
establishments, restaurants, or cafeterias in which the principal
business is the sale of foods and/or beverages in ready-to-consume
state for consumption either within the restaurant building or for
carry-out with consumption off the premises.
(a)
Minimum lot area: 40,000 square feet.
(b)
Minimum lot width: 150 feet.
(c)
Access requirements. The facility must have
access to a collector or arterial street.
(d)
There shall be only one point of ingress and
one point of egress to the collector or arterial street. This may
be accomplished in one of the following ways:
[1]
The ingress and egress are adjacent to each
other with no physical separation, with a driveway width of not less
than 24 feet and not more than 36 feet.
[2]
The ingress and egress are adjacent with a raised
island separating the two. The island shall be no more than 10 feet
wide. Each driveway shall be at least 14 feet in width but not more
than 20 feet.
[3]
The ingress and egress are completely separated
on the lot. In this case, the driveways shall be at least 100 feet
apart measured from center line to center line. Each driveway shall
be at least 14 feet wide but not more than 20 feet wide.
(e)
When the use is on the same lot with or adjacent
to other commercial facilities, it shall use a common access with
the other commercial establishments and shall not have a separate
access onto the street.
(f)
No parking shall be permitted in the front yard.
(g)
Parking shall be set back a minimum of 10 feet
from any side or rear lot line.
(h)
Where a drive-in window is proposed, a stacking
lane shall be provided to serve a minimum of nine cars. The stacking
lane shall not be used for parking lot circulation aisles, nor shall
it in any way conflict with through circulation or parking.
(i)
Trash receptacles shall be provided outside
the restaurant for patron use. A trash storage area shall be provided
which is screened from the street and adjacent properties, located
so that it does not conflict with parking, or pedestrian or vehicular
circulation.
(j)
No outside storage is permitted, other than
necessary trash storage.
(k)
All such facilities shall be closed to the public
during the hours of 12:00 midnight to 6:00 a.m.
(l)
Lighting.
[1]
All portions of the parking lot shall be lighted
during after-dark operating hours;
[2]
Light standards shall be located on the raised
planting islands and not on the parking surface;
[3]
Light shall be confined to the property and
shall not be cast upon adjacent properties or public rights-of-way;
[4]
Maximum height of light standards is 15 feet.
[Amended 9-14-1999 by Ord. No. 281]
(m)
Parking areas shall have at least one tree for
every 10 parking spaces located within the parking lot on planting
islands.
(n)
A planted buffer 10 feet in width shall be provided along all side and rear property lines, except where the establishment shares a driveway with an adjacent commercial use, as described in Subsection B(17)(e).
(o)
No play areas or playgrounds are permitted.
[Added 10-8-1996 by Ord. No. 269]
(p)
No outdoor entertainment or music is permitted
in association with outdoor eating, except in the case of special
events with prior permission from the Borough.
[Added 10-8-1996 by Ord. No. 269]
(18)
Emergency services: fire, ambulance, rescue
and other emergency services of a municipal or volunteer nature.
(19)
Forestry/timber harvesting. The management of
forests and timberlands when practiced in accordance with accepted
forestry principles, through developing, cultivating, harvesting,
transporting and selling trees for commercial purposes, which does
not involve any land development. Clear-cutting or selective cutting
of forest or woodlands for development, building, subdivision, or
any other land use change is not forestry.
[Added 4-10-2001 by Ord. No. 287]
(a)
Purpose. In order to preserve forests and the
environmental and economic benefits they provide, it is Borough policy
to encourage the owners of forest land to continue to use their land
for forestry purposes, including the long-term production of timber,
recreation, wildlife and amenity values.
(b)
Applicability. A zoning permit shall be required
for all forestry/timber harvesting activities; however, an individual
property owner need not obtain a permit to cut a tree or trees as
part of normal home maintenance and upkeep, and the following activities
are specifically exempted:
[1]
Removal of diseased or dead trees.
[2]
Removal of trees which are in such a condition
or physical position as to constitute a danger to the structures or
occupants of properties or a public right-of-way.
[3]
Removal of up to five trees per acre of woodlands per year, not to exceed a total of 10 trees per lot, or any combination of adjoining lots in common ownership, which are 12 inches or more in diameter, measured at breast height, and not covered by the exemptions in the foregoing Subsection B(19)(b)[1] and [2].
(c)
Forestry plan required.
[1]
Notification of commencement or completion.
For all forestry and timber harvesting operations that are expected
to exceed one acre, the landowner shall notify the Borough at least
10 business days before the operation commences and within five business
days before the operation is complete. No timber harvesting shall
occur until the notice has been provided. Notification shall be in
writing and shall specify the land on which harvesting will occur,
the expected size of the harvest area, and, as applicable, the anticipated
starting or completion date of the operation.
[2]
Forestry plan. Every landowner on whose land
timber harvesting is to occur shall prepare a written logging plan
in the form specified by this chapter. No timber harvesting shall
occur until the plan has been prepared. The provisions of the plan
shall be followed throughout the operation. The plan shall be available
at the harvest site at all times during the operation and shall be
provided to the Borough enforcement officer upon request.
[3]
Responsibility for compliance. The landowner
and the operator shall be jointly and severally responsible for complying
with the terms of the logging plan.
(d)
Contents of the forestry/logging plan.
[1]
Design, construction, maintenance of the access
system, including haul roads, skid roads, skid trails and landings;
[2]
Design, construction and maintenance of stream
and wetland crossings;
[3]
The general location of the proposed operation
in relation to municipal and state highways, including any accesses
to those highways;
[4]
Copies of all required permits shall be submitted;
[5]
Proof of current general liability and/or workers
compensation insurance;
[6]
Proof of PennDOT highway occupancy permit or
Borough driveway permit for temporary access, as applicable;
[7]
Copy of Bucks County Conservation District "Letter
of Adequacy" for the proposed erosion control facilities, including
associated plans, reports and other permits, as required;
[8]
Map showing site location and boundaries, including
both the boundaries of the property on which the timber harvest will
take place and the boundaries of the proposed harvest area within
that property;
[9]
Significant topographic features related to
potential environmental problems;
[10]
Location of all earth disturbance
activities such as roads, landings and water control; measures and
structures;
[11]
Location of all crossings of streams
or water of the commonwealth.
(e)
Compliance with all laws. The forestry/logging
plan shall address and comply with the requirements of all applicable
federal, state and Borough laws and regulations, including but not
limited to the following:
[1]
Erosion and sedimentation control regulations
contained in 25 Pennsylvania Code, Chapter 102, promulgated pursuant
to the Clean Streams Law (35 P.S. § 691.1 et seq.);
[2]
Stream crossing and wetlands protection regulations
contained in 25 Pennsylvania Code, Chapter 105, promulgated pursuant
to the Dam Safety and Encroachments Act (32 P.S. § 693.1
et seq.); and
[3]
Stormwater management plans and regulations
issued pursuant to the Stormwater Management Act (32 P.S. § 680.1
et seq.)
[4]
Compliance with federal law/regulations. The
forestry/logging plan shall address and comply with the requirements
of all applicable federal laws and regulations including, but not
limited to, the best management practices (BMPs).
[5]
Compliance with Borough ordinances. The forestry/logging plan shall comply with the requirements of § 450-38A(4) of this chapter which limits removal of trees to 20% of the wooded area.
(f)
Forest practices. The following requirements
shall apply to all forestry/timber harvesting operations.
[1]
Felling or skidding on or across any public
thoroughfare is prohibited without the express written consent of
the Borough or the Pennsylvania Department of Transportation, whichever
is responsible for maintenance of the thoroughfare.
[2]
No forestry refuse shall be left on or within
25 feet of any public thoroughfare.
[3]
Litter resulting from a timber harvesting operation
shall be removed from the site before it is vacated by the operator.
[4]
Any soil, stones and/or debris carried onto
public roadways must be removed immediately.
[5]
No forestry/logging use shall be permitted within
areas with slopes of 15% or greater.
[6]
When the harvest is completed, both dirt roads
used by the trucks and skid roads used to drag the logs from the woods
to the loading area must be graded approximately to original contours,
and be seeded and mulched as necessary to establish stable ground
cover.
[7]
A "No Logging" buffer zone with a width of 25
feet shall be maintained along any street abutting or running through
a property on which the forestry/logging operation is to be conducted.
The buffer shall be measured from the ultimate right-of-way of a public
street and from the easement boundary of a private street. No trees
shall be cut, removed, skidded, or transported in a "No Logging" buffer
zone except as necessary access to site from the street.
[8]
A "No Logging" riparian buffer zone with a width
of 50 feet shall be maintained along all properties abutting a property
on which the logging operation is to be conducted. The buffer shall
be measured from the property line. No trees shall be cut, removed,
skidded, or transported in a "No Logging" buffer zone except as necessary
for access to site from a street.
[9]
A "No Logging" riparian buffer zone with a width
of 50 feet shall be maintained along both sides of any watercourse
or canal that abuts or runs through a property on which the forestry,
logging, or timber harvest operation is to be conducted. The buffer
shall be measured from the high water mark of the watercourse or canal.
No trees shall be cut, removed, skidded, or transported in a "No Logging"
riparian buffer zone.
(g)
Minimum lot area required for forestry/timber
harvesting: five acres.
(h)
Financial security shall be established in a
manner acceptable to the Borough to guarantee repair of all damage
that may occur to public streets due to the forestry/logging operations,
and to guarantee compliance with erosion and sedimentation control
plans, compliance with stormwater management plans and restoration
of the site upon completion of logging operations.
(i)
Enforcement.
[1]
Inspections. Any official or employee of the
Borough may go upon the site of any timber harvesting operation before,
during or after active logging to:
[2]
Violation notices; suspensions. Upon finding
that a forestry or timber harvesting operation is in violation of
any provisions of this chapter, the Borough shall issue the operator
and the landowner a written notice of violation describing each violation
and specifying a date by which corrective action must be taken.
[b]
Suspension orders shall be in writing, shall be issued to the
operator and the landowner, and shall remain in effect until, as determined
by the Borough, the operation is brought into compliance with this
chapter, or other applicable statutes or regulations. The landowner
or the operator may appeal an order or decision of an official or
employee of the Borough in accordance with the provisions of the Pennsylvania
Municipalities Planning Code.[2]
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
(20)
Fuel storage and distribution: facility for
the storage and distribution of oil, gas and other petroleum products.
This use does not include or shall not be interpreted to include automobile
service station and/or car wash as defined and regulated by this chapter.
[Amended 3-11-2008 by Ord. No. 323]
(a)
Maximum lot area: five acres.
(21)
Funeral home: a building used for the preparation
of the deceased for burial and the display of the deceased and ceremonies
connected therewith before burial or cremation, including auditorium,
and temporary storage facilities, but not including crematoria or
cemeteries, columbariums, mausoleums, or any other permanent storage
facility.
(a)
Minimum lot area: 40,000 square feet.
(22)
Hospital: an institution licensed by the Commonwealth
of Pennsylvania for the purpose of providing primary health services
and medical or surgical care to persons suffering from illness, disease,
injury or other abnormal physical or mental conditions, and including
as an integral part of the institution-related facilities such as
laboratories, outpatient facilities, rehabilitation facilities, or
training facilities.
[Added 3-12-1996 by Ord. No. 266]
(a)
Minimum lot area: 10 acres.
(b)
Minimum lot width at building setback line:
400 feet.
(c)
Maximum impervious surface ratio: 50%.
(d)
Maximum building height except recreational
buildings and facilities: 35 feet.
(e)
Maximum building height for recreational building
and facilities: 45 feet.
(f)
Maximum building coverage: 30%.
(h)
The premises shall be served by public sewage.
(23)
Kennel. The keeping of more than five dogs that
are more than six months old for breeding, training, sale or boarding
constitutes a kennel. The following requirements shall be met:
(24)
Library/museum: library or museum, open to the
public or connected with a permitted educational use.
(25)
Light manufacturing.
[Added 4-13-1999 by Ord. No. 279]
(a)
A use engaged in the manufacture of instruments or products of a scientific or technological nature from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, packaging, incidental storage, and wholesale distribution of such products, but excluding basic industrial processing and excluding transfer or processing of solid waste. Basic industrial processing involves the processing or manufacture of materials or products predominantly from extracted or raw materials, or a use engaged in storage of or manufacturing processes using flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous or other conditions that would not comply with § 450-40, Protection standards, of this chapter.
(b)
No outside storage of construction equipment
or construction vehicles is permitted. No storage of used or discarded
materials, including but not limited to wastepaper, liquids, metal,
building materials, house furnishings, machinery, vehicles or parts
thereof, with or without the dismantling, processing, salvage, sale
or other use, is permitted.
(26)
Lumber yard/planing mill. Lumber yard/planing
mill where wood products are sold or processed to finished items such
as molding, trim, etc.
(26.1)
Medical marijuana dispensary.
[Added 5-8-2018 by Ord.
No. 386]
(a)
Conditional use criteria.
[1]
A medical marijuana dispensary shall provide proof
of registration with the Department of Health, or proof that registration
has been sought and is pending approval, and shall at all times maintain
a valid, accurate, and up-to-date registration with the Department
of Health. Should registration be denied or revoked at any time, any
special exception shall immediately become void.
[2]
A medical marijuana dispensary shall at all times
operate in compliance with all Department of Health regulations pertaining
to such facilities.
[3]
A medical marijuana dispensary must be located
on a lot containing not less than one acre.
[4]
A medical marijuana dispensary shall not be operated
or maintained on a parcel within 1,000 feet, measured by a straight
line in all directions, without regard to intervening structures or
objects, from the nearest point on the property line of a residentially
zoned property or a parcel containing a public, private or parochial
school, day-care center, place of worship, public park, or community
center; nor shall a medical marijuana dispensary be located closer
than 2,500 feet from another medical marijuana dispensary or from
a medical marijuana grower/processor.
[5]
A medical marijuana dispensary must operate entirely
within an indoor, enclosed, and secure facility. No exterior sales,
and no sidewalk displays, shall be permitted. No drive-through, dropoff,
or pickup services shall be permitted.
[6]
A medical marijuana dispensary may not operate
on the same site as a medical marijuana grower/processor.
[7]
A medical marijuana facility shall be limited to
hours of operation not earlier than 9:00 a.m. and not later than 9:00
p.m.
[8]
A medical marijuana dispensary shall submit a disposal
plan to, and obtain approval from, the Police Chief. Medical marijuana
remnants and by-products shall be disposed of according to an approved
plan and shall not be placed within an exterior refuse container.
[9]
There shall be no emission of dust, fumes, vapors
or odors which can be seen, smelled, or otherwise perceived from beyond
the lot line for the property where the medical marijuana dispensary
is operating.
[10]
No one under the age of 18 shall be permitted
in a medical marijuana dispensary, unless accompanied by a caregiver
as required under Section 506 of the Medical Marijuana Act.
[11]
No use of medical marijuana shall be permitted
on the premises of a medical marijuana dispensary.
[12]
The minimum size of a medical marijuana dispensary
facility shall be 2,000 gross square feet in total floor area.
[13]
A medical marijuana dispensary shall submit a
security plan to, and obtain approval from, the Borough Engineer,
the Borough Planner, and the Police Chief. The medical marijuana dispensary
shall demonstrate how it will maintain effective security and control.
The security plan shall specify the type and manner of twenty-four-hour
security, tracking, recordkeeping, record retention, and surveillance
system to be utilized in the facility as required by Section 1102
of the Medical Marijuana Act and as supplemented by regulations promulgated
by the Department of Health pursuant to the Medical Marijuana Act.
[14]
A medical marijuana dispensary shall provide proof
of a contract with a private security company and shall be staffed
with/monitored by security personnel 24 hours a day and seven days
a week.
[15]
A medical marijuana dispensary shall submit a
site plan for approval by the Borough Engineer and a floor plan for
approval by the Borough Building Code Official. The floor plan shall
identify internal security measures. All medical marijuana product,
by-product, and waste shall be stored in an interior secure vault
or receptacle in such a manner as to protect against improper dissemination.
(26.2)
Medical marijuana grower/processor.
[Added 5-8-2018 by Ord.
No. 386]
(a)
Conditional use criteria.
[1]
A medical marijuana grower/processor shall provide
proof of registration with the Department of Health, or proof that
registration has been sought and is pending approval, and shall at
all times maintain a valid, accurate, and up-to-date registration
with the Department of Health. Should registration be denied or revoked
at any time, any conditional use approval shall immediately become
void.
[2]
A medical marijuana grower/processor shall at all
times operate in compliance with all Department of Health regulations
pertaining to such facilities.
[3]
A medical marijuana grower/processor must be located
on a lot containing not less than two acres.
[4]
A medical marijuana grower/processor shall not
be operated or maintained on a parcel within 1,000 feet, measured
by a straight line in all directions, without regard to intervening
structures or objects, from the nearest point on the property line
of a parcel containing a public, private or parochial school or a
day-care center; nor shall a medical marijuana grower/processor be
located closer than 2,500 feet from another medical marijuana grower/processor
or medical marijuana dispensary.
[5]
A medical marijuana grower/processor must operate
entirely within an indoor, enclosed, and secure facility.
[6]
A medical marijuana grower/processor may not operate
on the same site as a medical marijuana dispensary.
[7]
A medical marijuana grower/processor shall be limited
to hours of operation not earlier than 9:00 a.m. and not later than
9:00 p.m.
[8]
A medical marijuana grower/processor shall submit
a disposal plan to, and obtain approval from, the Police Chief. Medical
marijuana remnants and by-products shall be disposed of according
to an approved plan and shall not be placed within an exterior refuse
container.
[9]
There shall be no emission of dust, fumes, vapors
or odors which can be seen, smelled, or otherwise perceived from beyond
the lot line for the property where the medical marijuana grower/processor
is operating.
[10]
No one under the age of 21 shall be permitted
in a medical marijuana grower/processor.
[11]
No retail sales of medical marijuana shall be
permitted on the premises of a medical marijuana grower/processor.
[12]
No use of medical marijuana shall be permitted
on the premises of a medical marijuana grower/processor.
[13]
A medical marijuana grower/processor shall submit
a security plan to, and obtain approval from, the Police Chief. The
medical marijuana grower/processor shall demonstrate how it will maintain
effective security and control. The security plan shall specify the
type and manner of twenty-four-hour security, tracking, recordkeeping,
record retention, and surveillance system to be utilized in the facility
as required by Section 1102 of the Medical Marijuana Act and as supplemented
by regulations promulgated by the Department of Health pursuant to
the Medical Marijuana Act.
[14]
A medical marijuana grower/processor shall contract
with a private security company, and the grower/processor shall be
staffed with/monitored by security personnel 24 hours a day and seven
days a week.
[15]
A medical marijuana grower/processor shall submit
a site plan for approval by the Borough Engineer and a floor plan
for approval by the Borough Building Code Official. The floor plan
shall identify internal security measures. All medical marijuana product,
by-product, and waste shall be stored in an interior secure vault
or receptacle in such a manner as to protect against improper dissemination.
(27)
Miniwarehouse: warehouse or storage units provided
for lease to the general public for the purpose of storage of articles
associated with residential properties.
[Added 9-14-1999 by Ord. No. 281]
(a)
Dimensional requirements.
[1]
Minimum lot area: two acres.
[2]
Maximum building coverage: 15%.
[3]
Maximum impervious surface ratio: 40%.
[4]
Minimum setbacks from street line: 75 feet.
[5]
Minimum setbacks from other lot lines: 35 feet.
[6]
Minimum lot width at the street line: 150 feet.
[7]
Maximum height of storage units: 12 feet.
[8]
Maximum height of other buildings: 35 feet.
[9]
Minimum aisle width between buildings: 26 feet.
[10]
Maximum size of any individual
storage unit: 300 square feet.
[11]
Maximum size of any structure:
3,000 square feet.
(b)
The storage facilities complex shall be surrounded
by a fence and the outside perimeter of the fence shall be surrounded
by an evergreen hedge which shall provide a complete visual screen,
with evergreens a minimum of six feet in height planted every six
feet and one flowering tree every 20 feet along the entire perimeter
of the site. The fence shall be of masonry, wood, or metal construction,
but may not be chain-link fence.
(c)
Outdoor storage of automobiles, boats, recreation
vehicles, or any other items not enclosed within a storage unit is
not permitted.
(d)
Minimum requirements for lease restrictions:
[1]
Storage limited to items of personal property
generally stored in residential accessory structures and not for any
commercial, business, or nonresidential establishment;
[2]
No retail business activities other than leasing
of storage units; no rental of trucks or vehicles;
[3]
No explosive, toxic, radioactive or highly flammable
materials may be stored;
[4]
No food may be stored;
[5]
Storage units may not be used as a staging area
or distribution point for any business.
(e)
Parking: minimum of four spaces plus one space
for every 50 storage units.
(f)
Color, design, and layout shall be reviewed
by the Zoning Hearing Board as part of the special exception review
process to ensure that the use is compatible in terms of appearance
with the Borough in general and the surroundings.
(g)
All driveways between miniwarehouse storage
units must be paved to meet Borough paving standards. Driveways between
structures shall be a minimum of 24 feet in width.
(h)
An accessory office is permitted as an accessory
use.
(28)
Motel or hotel: a building or group of buildings
for the accommodation of transient guests, containing guest rooms
for rent, not including a bed-and-breakfast or a boarding home or
any other use specifically defined by this chapter.
(30)
Nursing home or personal care boarding home:
a care facility licensed and approved by the Commonwealth of Pennsylvania
to provide personal care, intermediate care, or full-time convalescent
or chronic care to individuals who, by reason of advanced age, chronic
illness, or infirmity, require such care. Nursing homes must be licensed
by the Pennsylvania Department of Health; facilities providing personal
care boarding must be licensed by the Pennsylvania Department of Welfare.
(31)
Office, business or professional: offices for
business or professional use, including offices providing legal, engineering,
design, insurance, brokerage, or other similar services, and which
do not include retail activities and which are distinct from home
offices. No accessory outside storage is permitted and all activities
must take place within an enclosed building.
(32)
Office, governmental: Borough offices; a Borough
administration building, police station, road maintenance facility,
parking lot, municipal authority building, district justice office,
county office, or other office of a local, county, state, or federal
governmental agency.
(33)
Office, medical: office or clinic for medical
or dental examination or treatment of persons as outpatients.
(34)
Place of worship: structure or structures used
for religious worship or religious instruction, including social,
educational, and administrative rooms accessory thereto. A place of
worship may include a nursery school or day-care facility as an accessory
use. Access shall be to a collector or arterial streets.
(35)
Private club: private club, lodge, or fraternity
other than a commercial recreational or sports facility, subject to
the following additional provisions:
(a)
Each building or facility devoted to such use
shall be primarily for the use of members and their guests.
(b)
The eating and dining accommodations shall be
incidental to the purpose of the club.
(c)
In all residential districts, private organizations
shall be limited to homeowners' associations, condominium associations,
or neighborhood associations which do not as part of their regular
activities provide dining services and/or the service of alcoholic
beverages.
(36)
Psychiatric center or clinic: a facility licensed
by the Commonwealth of Pennsylvania which provides full-time psychiatric
or mental health care for three or more individuals who are not related
by blood or marriage to the operator and subject to the following
additional requirements:
(37)
Public recreational facility: recreational facility
or park, owned or operated by the Borough or other governmental agency,
or owned and operated by a civic group for the residents of New Britain
Borough, subject to the following additional regulations:
(a)
No active outdoor recreation facility, such
as a playing field or court, shall be located nearer to any lot line
than 50 feet.
(b)
Outdoor play areas shall be sufficiently screened
so as to protect the neighborhood from noise and other disturbances.
(c)
Uses are limited to open space, active recreational
facilities involving fields or courts, nature preserve, children's
playground equipment, and picnic areas.
(38)
Repair shop: any business for the repair of
consumer goods but not including repair of automobiles, motor vehicle
or motorcycles and not including the repair of other items which,
as part of the repair process, causes noise, fumes, or other disturbances
to emanate to the property line of the establishment.
(39)
Research: scientific or industrial research,
testing or experimental laboratory or similar establishment for research
or product development. No research facility shall be permitted which
constitutes a danger to the community because of medical or biological
wastes, combustible, chemical, or radioactive materials.
(41)
Retail trade and services: establishments engaged
in selling goods or merchandise to the general public for personal
or household consumption or use and rendering services incidental
to the sale of such goods; or establishments primarily engaged in
providing services involving the care of a person or his or her household
goods, apparel, or other belongings. Such use does not include an
eating place, eating place with drive-through service, or other use
specifically designated in this chapter as a separate use.
(42)
School: religious, sectarian and nonsectarian,
denominational private school, or public school which is not conducted
as a private gainful business, and is licensed under the proper governmental
authority to provide education for pre-kindergarten through grade
12.
(43)
Shopping center: a neighborhood shopping center,
planned and designed as a complex of related structures and circulation
patterns, subject to the following additional criteria:
(a)
Minimum lot area: three acres.
(b)
Shopping centers may only be located on an arterial
or collector road.
(c)
All establishments in the shopping center must
have vehicular service access either from an individual service yard
or from a common service area serving several establishments. All
such service areas must be segregated from public areas and screened
from public view.
(d)
A pedestrian circulation system shall be planned
for the shopping center.
(e)
Trash receptacles shall be located and landscaped
so as to not create an intrusion upon adjacent properties. Trash storage
area shall be screened from the street and adjacent properties by
an enclosed fence at least six feet in height to prevent trash from
blowing from the area and to serve as a visual screen for the trash
area.
(f)
A buffer 30 feet in width shall be provided
along all side and rear property lines except where the use abuts
another shopping center.
(g)
Uses permitted within the shopping center are:
retail trade or service business, restaurant, repair shop, large retail
store, financial establishment, and commercial recreation facility.
(43.1)
Sober living facility: a facility wherein individuals reside together for purposes of recovering from drug, alcohol, and/or substance abuse. An applicant for a special exception for a sober living facility shall demonstrate that the facility will meet the parking requirements of § 450-42G(2) and will have a setback of at least 50 feet for each required yard.
[Added 5-8-2018 by Ord.
No. 386]
(44)
State liquor store: a retail sales facility
licensed by the Pennsylvania Liquor Control Board for the sale of
wines and spirits.
(45)
Telecommunications facility: a structure or
structures intended for transmitting or receiving radio, television,
microwave, infrared, or telephone communication; any telecommunications
facility, including a tower, antenna, equipment or associated buildings,
for cellular and personal wireless communications used to transmit
or receive cellular and personal wireless telecommunications signals.
[Added 4-13-1999 by Ord. No. 279]
(a)
Maximum height (measured from the finished grade
around the structure at ground level to the top of all structures):
100 feet.
(b)
The tower and all of its supporting guys or
structural supports shall be set back from any property line a distance
equal to the height of the facilities plus 10 feet.
(c)
The facility must be licensed by the Federal
Communications Commission, and must be reviewed and approved by the
Federal Aviation Administration, and any other regulatory authority
with jurisdiction. Any facility must meet the structural and design
standards of the following: American National Standards Institute,
ANSI/EIA/TIA-222-E Code, as amended; the Institute of Electrical and
Electronic Engineers (IEEE-C95.1, as amended); the National Council
on Radiation Protection and Measurements (NCRP); and the International
Radiation Protection Association (IPRA). All telecommunications facilities
such as towers and antennas shall be designed to withstand wind gusts
of at least 100 miles per hour.
(d)
All buildings, structures, towers, and guy wires
and anchor points shall be located so that none of these are located
within the required front, side, or rear yard setbacks for the district
in which it is located. The minimum lot area for the telecommunications
facility shall be adequate to accommodate all necessary setbacks from
property lines, in accordance with these regulations.
(e)
Applicants seeking to construct a telecommunications
facility in New Britain Borough must first apply to the Borough to
put the facility on Borough-owned land or facilities, provided such
placement meets the requirements of this chapter.
(f)
The use shall be permitted by special exception
only, except where a telecommunications facility is attached to an
existing permitted, lawful telecommunications facility as a co-located
facility and where the new facility does not increase the height of
the existing lawful facility. In this case, the facility may be permitted
by Borough Council upon recommendation by the Borough Planning Commission,
pursuant to the requirements of Borough ordinances.
(g)
Standards for use.
[1]
The applicant shall present documentation that
the tower is designed in accordance with the standards cited in this
chapter for telecommunications facilities and with all applicable
safety standards for all facilities and towers. The applicant shall
demonstrate that the proposed telecommunications facility and tower
are constructed in a manner consistent with all applicable industry
standards; and the surrounding area will not be adversely affected
by support structure failure. Towers and antennas shall be designed
according to the standards of the American National Standards Institute,
the Telecommunications Industry Association, and the Borough building
code.[5]
[2]
All telecommunication facilities, including
all towers, which are greater than 35 feet in height shall be designed
to look like trees. This does not apply to any antenna proposed to
be added to an existing lawful tower, antenna, or structure which
exceeds 35 feet in height.
[3]
The applicant shall present a site plan showing
the following items:
[a]
Locations of all existing uses
and proposed telecommunications facilities.
[b]
Elevations and drawings of any
existing uses and proposed telecommunications facilities, showing
proposed width, depth, height, architectural style, and structural
data for any towers proposed.
[c]
Vehicular access, fencing, landscaping,
and any easements for access and utilities.
[4]
The applicant shall demonstrate that the height
of the tower for the telecommunications facility is the minimum height
necessary for the service area.
[5]
All towers and support structures shall be designed
to permit other future users, including other telecommunications companies,
and police, fire, and emergency services.
[6]
As part of the application procedure, the applicant
shall demonstrate that other telecommunications licensees have been
contacted with the objective of placing new facilities on existing
towers rather than on a new tower.
[7]
No telecommunications facilities (buildings
or towers) shall be located on any lot or building registered on the
New Britain Borough List of Historic Places and the Borough's Village
Historic District, and all telecommunications facilities shall be
set back a minimum of 1,000 feet from all such historic places.
[8]
The telecommunications facility shall be fully
automated and unattended on a daily basis and shall be visited only
for periodic maintenance or emergency repair.
[9]
As part of the land development agreement for the construction
or installation of any telecommunications facility, provisions shall
be made for the removal of the structure by the applicant should the
facility not be used for a period of six consecutive months. A bond
satisfactory to the Borough shall be established to guarantee the
facility removal. Provision shall be made for annual inspection reports,
to be prepared at the sole expense of the owner/operator of the facility
and provided to the Borough.
[Amended 5-8-2018 by Ord.
No. 386]
[10]
When the proposed telecommunications
facility is to be located in part or in whole within a Borough right-of-way
or on Borough land or a Borough facility, the applicant shall enter
into a lease agreement and pay applicable lease fees. Fees shall apply
to every user on the lot or tower.
[11]
An eight-foot-high security fence
shall completely surround the tower (and guy wires, if used) and equipment
building. Buffer plantings shall be planted around the perimeter of
the security fence, or around such other area as Council may determine.
Plantings shall consist of a mix of shrubs, trees and evergreens.
[Amended 1-9-2001 by Ord. No. 286]
[12]
Telecommunications facility applicants/operators
shall submit to the Borough copies of all radio frequency emission
inspection reports required by the Federal Communications Commission
or any other regulatory agency.
(h)
Standards for telecommunications facilities
combined with another use on a lot. A telecommunications facility
is permitted on a property with an another use subject to all the
other requirements and standards for this use and to the following
additional requirements:
[1]
If the telecommunications facility consists
of a separate building, the building and tower shall not be located
within the minimum front, side, and rear yard setbacks for the zoning
district. The lot area for the use shall be the area needed to accommodate
the buildings, towers, guy wires, buffer planting, and security fencing.
[2]
Vehicular access to the building and tower shall
not interfere with the parking or circulation on the site for the
principal use.
[3]
Documentation from the owner of the principal
use indicating the willingness to grant an easement, lease, or other
interest in real estate, shall be provided to the Borough.
[4]
A telecommunications facility is permitted,
subject to all conditions, to be located on Borough facilities or
Borough land, regardless of zoning district, where permission is granted
by the Borough. The facility must meet all other requirements for
telecommunications facilities, with the exception that the use may
be permitted in the zoning district in which the Borough land or facility
is located.
[5]
A special exception is not required for a facility
which co-locates with a lawful permitted telecommunications facility
and is not required for facilities placed on Borough-owned land. Land
development approval is required for any new facility that is not
co-located on an existing lawful facility.
(46)
Temporary structure or use. A temporary permit
may be issued for structures or uses necessary during construction;
or for temporary structures or uses needed for other special circumstances
of a nonrecurring nature, subject to the following additional provisions:
(a)
The time period of the initial permit shall
be one year.
(b)
Such structure or use shall be removed completely
within 30 days of the expiration of the permit without cost to the
Borough.
(c)
The permit may be renewed annually by the Zoning
Hearing Board for an aggregate period of not more than three years.
(47)
Trade or commercial school: trade or commercial
school providing instruction in a trade, in the arts, or other activities;
this does not include a public or private school as defined by this
chapter or a day-care center.
(48)
(49)
Utility: a private or municipal corporation
organized and existing for the distribution and sale of water, electricity,
gas, or the collection and disposal of sanitary waste or sewage and
which is regulated in whole or in part by the Pennsylvania Public
Utility Commission. This use does not include telecommunications facilities.
Use is subject to the following requirements:
[Amended 4-13-1999 by Ord. No. 279]
(a)
The utility must be essential to serve New Britain
Borough residents;
(b)
No public business office or any storage yard
or storage building shall be operated in connection with it;
(c)
A fifty-foot buffer yard shall be provided along
all property lines which shall include adequate means for visual screening
and fencing where required to protect the facility from trespassers;
and
(d)
Minimum lot area: lot area shall be adequate
for the facility, necessary off-street parking, and a fifty-foot buffer
along all lot lines.
(50)
Veterinary office: a place where animals are
given medical or surgical treatment. Use as a kennel shall be prohibited
except for animals or pets undergoing medical or surgical treatment;
use of the facility for boarding is prohibited except where the requirements
for the use, kennel, are met.
(51)
Warehousing and distribution: terminal facilities
operated for a specific commercial establishment or group of establishments
for the storage of goods and materials.
(52)
Wholesale trade: establishments primarily engaged
in selling merchandise to retailers; to industrial, commercial, institutional,
or professional business users, or to other wholesalers and excluding
retail trade to the public.
(a)
Minimum lot area: one acre.
(53)
Bed-and-breakfast. The use and occupancy of a detached dwelling
shall be permitted for accommodating transient guests for rent which
does not include residential facilities for chronically ill or other
persons who need institutional care due to illness, disability, or
who are part of a criminal justice program, subject to the following
additional criteria:
[Added 4-18-2016 by Ord.
No. 373; amended 10-9-2018 by Ord. No. 391]
(a)
The use shall be carried on primarily by members of the immediate
family residing on the premises.
(b)
There shall be no separate kitchen or cooking facilities in
any guest room. Food served on the premises shall be limited to breakfast
and afternoon tea and shall be served only to guests of the establishment.
(c)
The use of any amenities provided by the guesthouse such as
swimming pool or tennis courts shall be restricted in use to the guests
of the establishment.
(54)
Cultural facility: establishments such as, but not limited to,
art galleries, libraries or museums, open to the public or connected
with a permitted educational use.
[Added 4-18-2016 by Ord.
No. 373; amended 10-9-2018 by Ord. No. 391]
(55)
Personal service business: establishments engaged in providing
services involving the care of a person or apparel, such as barber,
hair or nail salon, laundry and dry cleaning, shoe repair, tailor,
photographer, but excluding any use that would fall within the Adult
Commercial use as defined by this chapter.
[Added 4-18-2016 by Ord.
No. 373; amended 10-9-2018 by Ord. No. 391]
(56)
Brewery/brewpub/micro-winery/distillery: A facility in which beer,
wine, or other alcoholic beverages are brewed, fermented, or distilled
for distribution and consumption, and which possesses the appropriate
license from the Pennsylvania Liquor Control Board.
[Added 2-8-2022 by Ord. No. 417]
C.
Accessory uses; residential.
(1)
Accessory family apartment. One apartment accessory
to a single-family detached dwelling shall be permitted, provided
the following conditions are met. The intent of these provisions is
to allow for related family members to reside on the premises but
to prohibit the creation of for-profit apartments in districts where
multifamily housing is not otherwise permitted.
(a)
The accessory family apartment shall occupy
no more than 25% of the total floor area of the principal residence.
(b)
Accessory family apartments may contain separate
cooking, sleeping, living, and bathroom facilities.
(c)
Accessory family apartments shall be part of
the principal residence or may be contained in an existing accessory
structure such as a garage. No new separate structures on the same
lot with the principal residence shall be permitted to be constructed
for this use.
(d)
The required off-street parking for the principal
dwelling plus one additional off-street parking space for the accessory
apartment shall be provided.
(e)
Accessory family apartments shall be occupied
only by related family members such as elderly parents or dependent
adult children who need to reside in close proximity to family members.
(f)
There shall be no changes to the exterior of
the residence which suggest that the dwelling unit is other than a
single-family detached dwelling or which otherwise detract from the
single-family character of the neighborhood.
(g)
No more than one accessory family apartment
shall be permitted per single-family detached dwelling.
(h)
Each accessory family apartment shall be registered
with the Borough Zoning Officer, who shall keep a record of its use
to insure that the intent of this chapter is being met.
(2)
Accessory office: an office for a professional business
of a resident which does involve visiting by clients or patients and
which does use employees on the premises but which does not involve
any display of merchandise on the property. It is permitted on the
same lot with and must be clearly incidental to a permitted dwelling
in which the operator of the home office resides and may be permitted
where it conforms with the following regulations:
(a)
The area devoted to the permitted professional
use shall be located within either the practitioner's dwelling or
a building accessory thereto.
(b)
The floor area devoted to such professional
use shall be equivalent to not more than 25% of the total floor area
of the residence, excluding the ground area covered by an attached
garage or such other similar building.
(c)
Not more that two employees, assistants or associates,
in addition to the resident practitioner, shall be employed on the
premises.
(d)
No external alterations shall be made which
involve construction features not customary to dwellings.
(e)
No signs shall be permitted, except an accessory use sign in accordance with the provisions of § 450-44. No sign shall be illuminated.
(f)
Minimum lot area for residences with accessory
offices: 25,000 square feet.
(g)
All parking shall be located to the side or
rear of the residence and shall be separated from adjoining properties
by a planting strip five feet in width.
(h)
An accessory office is limited to single-family
detached dwelling units.
(i)
No more than three parking spaces shall be permitted
in addition to the two spaces allowed for the principal residential
use.
(3)
Bed-and-breakfast. The use and occupancy of an existing
single-family detached dwelling shall be permitted for accommodating
transient guests for rent, subject to the following additional conditions
and restrictions:
(a)
This use shall be restricted to dwellings which
are officially designated as "historic structures" based on a list
of specific structures prepared by the Borough Historical Committee
and approved by the Borough Council or as certified by the National
Register of Historic Places.
(b)
No more than four persons may occupy one guest
room.
(c)
Bathrooms. At least one full bathroom shall
be provided for each two guest rooms. At least one additional bathroom
is required for the owner-occupants of the residence which shall not
be used as a guest bathroom.
(d)
No external alterations, additions or changes
to the exterior structure shall be permitted except as required by
any governmental agency.
(e)
The owners of the property shall be full-time
residents of the property. The use shall be operated by members of
the immediate family which must reside on the premises.
(f)
There shall be no kitchen or cooking facilities
in any guest room.
(g)
Maximum number of guest rooms in any one bed-and-breakfast
facility: four rooms.
(h)
The maximum uninterrupted length of stay at a bed-and-breakfast
shall be 14 days.
[Amended 5-8-2018 by Ord.
No. 386]
(i)
The use of any amenities provided by the bed-and-breakfast,
such as swimming pool or tennis courts, shall be restricted in use
to guests of the establishment.
[Amended 5-8-2018 by Ord.
No. 386]
(k)
The serving of meals shall be restricted to
the guests of the establishment and shall be limited to breakfast.
(l)
There shall be no use of show windows or display
or advertising visible outside the premises to attract guests other
than a single, nonilluminated sign which meets the regulations set
forth in this chapter.
(m)
If the facility is served by an on-lot water
supply system and/or an on-lot wastewater disposal system, the applicant
shall demonstrate to the satisfaction of the Bucks County Health Department
and the Borough Council that these on-lot facilities are adequate
to serve the maximum number of guests which could be housed at the
facility at any one time.
(n)
Parking areas shall be separated from adjacent
lots with a seven-foot-wide planted buffer.
(o)
The bed-and-breakfast may not be used for fee-based
receptions.
(p)
The lot shall have frontage on either an arterial
or collector road.
(4)
Boarding. The keeping of not more than two boarders
as an accessory use in single-family detached housing shall be permitted
in accordance with the following regulations:
(5)
Home occupation: an office for a professional business
of a resident who may be self-employed or who may work for another
employer, or contract or consult with another company or individual
which does not involve any visiting by clients or patients and which
does not use any employees on the premises and which does not involve
any display of merchandise on the property. It is permitted on the
same lot with and must be clearly incidental to a permitted dwelling
in which the operator of the home office resides and may be permitted
where it conforms with the following regulations:
(a)
The home office shall be accessory to a single-family
residence and carried on wholly indoors and within the dwelling or
other structure accessory thereto and shall be clearly incidental
and subordinate to the residential use of the property.
(b)
The home occupation must be carried on by the
individual who resides at the property. No outside employees or contractors,
other than members of the immediate family who also reside at the
property, may be employed in the home office.
(c)
There shall be no use of show windows or display
or advertising visible outside the premises to attract customers or
clients. No signs of any type are permitted.
(d)
There shall be no exterior storage of materials.
(e)
No external alterations, additions, or changes
to the structure shall be permitted in order to accommodate or facilitate
a home occupation.
(f)
There shall be no retail sales on the property.
(g)
There shall be no commodities sold or services
rendered that require receipt or delivery of merchandise, goods, or
equipment by other than passenger motor vehicle or by parcel or letter
carrier mail service using vehicles typically employed in residential
deliveries.
(h)
The floor area devoted to a home occupation
shall not be more than 25% of the floor area of the principal residential
structure.
(i)
Not to be considered home occupations are the
following: animal hospital; barber shops and beauty parlors; commercial
stables and kennels; funeral parlors or undertaking establishments;
antique shop; tourist home; restaurants; roadside market; and rooming,
boarding or lodging house.
(6)
Microwave or satellite dish antenna. A dish antenna
or any other type of antenna used to receive radio or television or
electromagnetic waves from an overhead satellite or transmission tower
shall be permitted as an accessory use in all districts, subject to
the following regulations. This use shall not permit an antenna used
or intended to be used for the transmission of radio or electromagnetic
waves, such use being permitted only as telecommunications facilities.
[Amended 4-14-2015 by Ord. No. 361]
(a)
Residential districts. A microwave or satellite
dish antenna shall be a permitted accessory use subject to the following:
[1]
No antenna shall be located within a required
front, side or rear yard.
[2]
No antenna shall be permitted in the required
front yard area or in front of the principal dwelling.
[3]
The diameter of the antenna shall not exceed
nine feet.
[4]
When separately supported, the total height
of the antenna shall not exceed 10 feet.
[5]
Roof mounting is not recommended. If roof mounted,
the antenna shall be located on a portion of the roof sloping away
from the front of the lot and shall not project above the ridge line
of the roof. No roof-mounted antenna shall exceed three feet in diameter.
[6]
No more than one dish antenna shall be permitted
on any lot.
[7]
When not roof-mounted, the antenna shall be
screened by staggered plantings of evergreens which present a solid
visual barrier to adjoining properties.
[8]
Village Historic District requirements. In addition to the requirements in Subsection C(6)(a)[1] through [7], all permit applications for dish antennas within the Village Historic District shall demonstrate to the satisfaction of Borough Council, upon recommendation by the Planning Commission, that the antenna will not be visible from any public street in the VH District and that its size, location, and type of screening will not be designed or located in such a way as to impinge on or diminish the historic values of the district, homes, businesses, or other historic structures within the Village Historic District.
[Amended 5-8-2018 by Ord.
No. 386]
(b)
All other districts. Antennas shall be a permitted
accessory use in nonresidential districts, subject to all the following
regulations:
[1]
No antenna shall be located within a required
front, side or rear yard.
[2]
The diameter of a dish antenna shall not exceed
nine feet.
[3]
The maximum height of a ground-mounted antenna
shall be 10 feet, and it shall be screened by staggered plantings
of evergreens to present a solid visual barrier.
[4]
Roof-mounted dish antennas shall not exceed
three feet in diameter unless they are totally screened from view
from surrounding properties and streets. Dish antennas shall not be
mounted on chimneys.
(7)
Recreational vehicles. Recreational vehicles are travel
trailers, boats, campers, motor homes, snowmobiles, horse trailers,
and any other motorized or nonmotorized vehicle of the same nature.
These regulations apply to recreational vehicles which are stored
on a property but which are not enclosed within a garage or other
building.
(a)
One unenclosed recreational vehicle per dwelling
shall be permitted.
(b)
Recreational vehicle parking is permitted as
a residential accessory use only for single-family detached dwellings.
(c)
Recreational vehicles shall not be stored between
the street line and the front building line or in front of the principal
building.
(d)
Recreational vehicles may be stored to the side
or rear of the dwelling but may not be closer than six feet of a side
or rear property line. In the VH Village Historic District, all recreational
vehicles must be screened from view from the street and from surrounding
lots, if they are not located within a garage or building.
(e)
No recreational vehicle shall be used for living,
sleeping, or housekeeping purposes when parked or stored on a residential
lot or in any location not approved for such a use.
(8)
Residential accessory building or structure.
(a)
Residential accessory building or structure
or use are limited to the following, which must meet the requirements
listed below:
[1]
Parking spaces for parking of passenger automobiles, parking of commercial
vehicles not exceeding three-quarter-ton loading capacity within a
completely enclosed building.
[2]
Structures such as fences, walls, decks, and
private swimming pools.
[3]
Buildings such as storage sheds, bath houses
and private greenhouses.
(b)
Area and dimensional requirements for accessory
buildings or structures:
[1]
No accessory building or structure except for
fences and walls shall be permitted in front yards.
[2]
Completely detached accessory buildings may
occupy a required side or rear yard, but shall not be located closer
than six feet to any side or rear property line.
[3]
No accessory building shall be closer to the
street line than the principal building.
[4]
Accessory buildings of 200 square feet or more
shall not be located within the required yard areas, but shall meet
the required setbacks for the district or use.
[5]
Fences and walls shall not exceed six feet in
height above the natural grade and may be located in required yard
areas, but are not permitted to be located within the future right-of-way.
[6]
Uncovered, unenclosed patios or decks may extend
not more than 10 feet into the required rear yard only.
[7]
Accessory swimming pools and the paving or coping
surrounding it or associated with it shall not be located closer to
the street than the front building setback line and not closer than
10 feet to any other property line.
(9)
Spas or hot tubs. Spas or hot tubs are permitted as
accessory uses to residences where the residence has a private yard
area. If the spa or hot tub is freestanding, it shall meet the requirements
of this section for noncommercial swimming pools.
(a)
The spa shall be located either entirely within
the house or if located outside, shall be located on a deck or patio
which is enclosed or fenced.
(b)
The deck or patio shall be fully enclosed by the rear wall of
the housing unit, and the common walls of adjoining units or a wall
or fence along the rear and side of the deck or patio. The height
of the walls or fences shall not be less than four feet. The spa or
hot tub shall be located anywhere within the enclosed patio, either
below ground, at grade, or above ground, provided that the level of
the water surface is at least two feet below the height of the shortest
wall or fence enclosing the patio.
[Amended 5-8-2018 by Ord.
No. 386]
(c)
The spa or hot tub shall be required to have a cover capable
of being locked, for the purposes of safety and to cover the water
surfaces during the off-season or such other periods of nonuse. The
cover shall be locked when not in use.
[Amended 5-8-2018 by Ord.
No. 386]
(d)
The spa or hot tub shall be no closer to a lot
line than 10 feet.
(10)
Swimming pool. A swimming pool shall be permitted
as an accessory to a residential use, provided the following requirements
are met:[7]
(a)
No person, owner or occupant of land shall install
or maintain a swimming pool or other artificial body of water capable
of being filled to a depth exceeding 18 inches at the deepest or lowest
point or exceeding a surface area of 150 square feet unless a permit
is first obtained from the Borough and the required plans and information
are filed, together with required permit fees. Ornamental pools and
wading pools which do not exceed 18 inches in depth or a surface area
of 150 square feet are exempt from these provisions. Swimming pools
shall include any pool, regardless of design or construction materials
or the permanency of its location both above and below ground level,
which is built, erected or used for the purpose of bathing or swimming
and all buildings, equipment, and appurtenances thereto. This chapter
shall also apply to public swimming pools used and maintained by an
individual, firm, corporation, club or association of persons for
use by the public or members and their invitees or guests.
(b)
The building area restrictions as set forth
for the pertinent zoning districts in this chapter shall apply and
in addition thereto, each such pool area and the paving or coping
surrounding it or associated with it shall not be located closer to
the street than the front building setback line and not closer than
10 feet to any other property line.
(c)
Building permits are required prior to the construction,
alteration, remodeling, or additions to a swimming pool or other artificial
water areas not specifically exempt from this chapter. Application
for a permit for the construction of a swimming pool shall be made
to the Borough. The location of the pool on the property and with
respect to adjoining property and street lines shall be shown, together
with the location, height, and type of fencing or walls or protective
equipment and accessory buildings. No permit for a private or public
swimming pool shall be issued until the plans, specifications and
plot plans have been approved by the Zoning Officer for compliance
with this chapter and the Uniform Construction Code.[8]
[Amended 4-14-2015 by Ord. No. 361]
(d)
Safety. Any pool or water area subject thereto
shall be suitably designed, located and maintained so as not to become
a nuisance or hazard either to adjoining property owners or the public
generally. All detachable ladders shall be removed when the pool is
not in use.
(e)
Sanitary quality of water. The physical, chemical
and bacterial qualities of the water in public swimming pools shall
comply with the latest standards of the Commonwealth of Pennsylvania
Department of Health. Failure to maintain the sanitary quality of
water prescribed by this section or to restore such water to the required
quality within the time prescribed by the Department of Health shall
be a violation of this chapter.
(f)
Accessory buildings. Locker rooms, bath houses,
cabanas, shower rooms, toilets, runways and all other physical facilities
or equipment incidental to the operation of any public swimming pool
shall be kept in a sanitary condition at all times and shall otherwise
comply with the Borough ordinances, rules and regulations.
(g)
Construction and maintenance. The construction
and design of all pools shall be such that the same can be maintained
and operated as to be clean and sanitary at all times. The owners
of every such pool shall be responsible to maintain said pool in such
condition as to prevent breaks in the pool chassis or water from the
pool overflowing into adjacent public or private property. Swimming
pools shall be constructed, equipped and maintained in strict conformity
with the provisions of the swimming pool and public health codes issued
by the Commonwealth of Pennsylvania and the Bucks County Health Department.
(h)
Outdoor lighting, if used, shall be installed
in such a way as to be shielded and not to reflect toward or into
the interior of adjacent residential properties.
(i)
All electrical work connected with the pool and all equipment
incidental thereto shall comply with all regulations and must be inspected
and certified by an approved inspection agency prior to the issuance
of a certificate of occupancy. In no event may said pool be used prior
to such approval.
[Amended 5-8-2018 by Ord.
No. 386]
(j)
If pools are connected to any water, sewer,
or public utility line, there must be installed a separate valve controlling
such line, both as to supply and drainage, and a permit must be obtained
prior to installation from the agency furnishing such utility service.
A minimum isolation distance of 25 feet shall be required between
a swimming pool and any sewage disposal system.
(k)
Approved filtration systems and circulators
must be provided for all pools except such exempt or nonexempt wading
pools as are emptied on a daily basis as hereinafter provided.
(l)
The water in the pool or pool area shall not emit an offensive
odor or create any unhealthful condition. It shall be a violation
of this chapter to cause or allow drainage onto adjoining land, public
or private.
[Amended 5-8-2018 by Ord.
No. 386]
(m)
No pool shall be located under any electric
power lines (including service lines), and the pool must be located
at least 10 feet (measured horizontally) from such power lines.
(n)
No water shall be placed in the pool until a
fence, as required by this chapter, has been completed.
(p)
Fencing. Permanent swimming pools above or below
grade must be completely enclosed with a minimum four-foot-high chain-link,
stockade, picket (not exceeding three-inch spacing), solid wooden
fence, building wall, or such other material as may be acceptable,
at the discretion of the Building Inspector, to carry out the intent
of this chapter. All gates or doors opening through such enclosure
shall be kept securely closed and locked at all times when the pool
is not in actual use and locks or latches shall be placed so as to
be inaccessible to children. All other Uniform Construction Code requirements
for the securing and fencing of pools shall be followed.
[Amended 4-14-2015 by Ord. No. 361]
(q)
The owner of any swimming pool shall allow the
Borough Building Inspector, Zoning Officer, or other authorized official
access to the pool and appurtenances for the purpose of inspection
to ascertain compliance with this chapter at all reasonable times.
(11)
Chicken raising.
[Added 4-14-2015 by Ord.
No. 365]
(a)
Chicken raising shall occur only on a lot zoned R-1 Residential
and containing a single-family detached dwelling.
(b)
No chicken products shall be offered for sale, whether on or
off the premises, it being the intention of Borough Council that any
chicken raising shall be in the nature of a hobby without any commercial
component, whatsoever.
(c)
No more than 10 adult hens and absolutely no roosters may be
kept on a residential property at any time.
(d)
All related chicken coops or houses or sheds, feed and watering
facilities and any portion of the yard dedicated to chicken raising
shall be located within chicken wire or palisade or board-on-board
fencing. All aspects of the use, coops, houses or sheds, chicken wire
and fencing, chickens, feed and watering facilities, all by way of
example and without limitation, shall be located within the rear yard,
and comply with the rear yard and side yard setbacks established in
the New Britain Borough Zoning Ordinance.
(e)
It shall be the responsibility of the property owner or occupant
to ensure that the area used for chicken raising is properly maintained
to eliminate the possibility that any resulting odor or contamination
or waste will affect any other property. Failure to adhere to the
requirements of this subsection shall constitute a violation of this
chapter.
(f)
No live chicken may be maintained in the Borough in the absence
of a valid permit issued by the Borough Code Enforcement officer upon
submission of an application and tendering of the applicable fee.
The fee to be charged for the permit shall be established by Borough
Council in its schedule of fees, from time to time.
(g)
No permit shall issue by the Code Enforcement Officer until
an inspection of the portion of the premises intended for the chicken
raising use has been completed. In the event that the subject area
is not in compliance with the requirements of this section, the officer
shall refuse to issue a permit, and no chicken shall be maintained
on such a premises until a valid permit is issued.
(h)
The failure to adhere to any of the terms of this subsection
or the release of any odors or contamination of any kind from the
chicken-raising use upon or affecting any other property or public
property or space, shall constitute a violation of this chapter.
D.
Accessory uses; nonresidential.
(1)
Apartment in combination with a permitted nonresidential
use. An accessory dwelling unit that is clearly subordinate to a permitted
commercial or office or institutional use.
(a)
All on-lot sewage disposal systems must be approved
by the Bucks County Department of Health prior to the issuance of
a building permit.
(b)
Separate cooking and sanitary facilities shall
be provided for the dwelling unit.
(c)
Off-street parking shall be located to the side
or rear of the structure.
(2)
Microwave or satellite dish antenna. See regulations under residential accessory uses, Subsection C(6) of this section.
(3)
Nonresidential accessory building. Accessory buildings or structures
or uses are permitted which are customarily incidental to the uses
permitted in nonresidential districts in connection with such uses,
except outside storage. Any use accessory to a use permitted only
under a special exception shall be established only as provided in
such special exception. Nonresidential accessory buildings shall meet
the minimum setbacks for the principal nonresidential use.
[Amended 5-8-2018 by Ord.
No. 386]
(4)
Outside storage or display. Outside storage or display, other than
storage as a primary use of the land (which shall not be permitted),
necessary but incidental to the normal operation of a primary use
is subject to the following additional regulations:
[Amended 5-8-2018 by Ord.
No. 386]
(a)
No part of the street right-of-way, no sidewalks
or other areas intended or designed for pedestrian use, no required
parking areas, and no part of the required front yard shall be occupied
by outside storage or display.
(b)
Outside storage and display areas shall occupy
an area of less than 1/2 the existing building coverage.
(c)
Outside storage and display area shall be shielded
from view from public streets.
(d)
Exceptions to limitations. Uses requiring more
substantial amounts of land area for storage or display may be granted
as a special exception by the Zoning Hearing Board where the following
conditions are met:
[1]
No more than 25% of the lot area shall be used
in outdoor storage or display.
[2]
Uses eligible for outside storage are: automobile
sales, lumber yard/planing mill, fuel storage and distribution. Uses
not eligible for outside storage exceptions to limitations are: retail
and service stores, repair shops, automobile service station, automobile
body repair and/or paint shop, car-washing facility, wholesale business
and storage, and contractor offices.
E.
Lawful use not otherwise permitted. Any lawful use
which is required to be permitted by the Pennsylvania Municipalities
Planning Code[11] and which is not otherwise permitted in other use categories
of this chapter, may be permitted as a conditional use when approved
by the Borough Council and provided that the applicant for such conditional
use establishes that the proposed use meets the following criteria
as well as the requirements set forth in all other applicable sections
of this chapter:
(1)
The use must comply with the lot, area, dimensional,
and design criteria of the LI District.
(2)
Where applicable, the applicant must demonstrate that
the use proposed will comply with all permit requirements of the Pennsylvania
Department of Environmental Protection and/or other commonwealth or
federal governmental agencies which regulate such use.
(3)
A buffer area shall be established in accordance with the conditions imposed upon the granting of the conditional use approval which is sufficient to adequately screen the lawful permitted use from other uses in the vicinity. The buffer area shall be in accordance with § 450-39 of this chapter and shall be of sufficient width to protect the surrounding area from objectionable effects of the proposed use including, but not limited to, noise, dust, vibration, odor, illumination, visual effects, and the like.
(4)
The applicant must submit an environmental impact
statement at the time the conditional use application is submitted.
(5)
The use shall be permitted in the LI Industrial District.
[11]
Editor's Note: See 53 P.S. § 10101 et seq.
