[Ord. 227, 12/18/2006]
1.
In addition to the general criteria listed in §§ 604,
Subsection 3, and 704, Subsection 2, the following sets forth standards
that shall be applied to each individual special exception or conditional
use. These standards must be satisfied prior to approval of any application
for a special exception or conditional use. The applicant shall be
required to demonstrate compliance with these standards and must furnish
whatever evidence is necessary to demonstrate such compliance. All
uses must comply with the standards expressed within the underlying
zone, unless those standards expressed for each special exception
or conditional use specify different standards; in such cases, the
specific special exception or conditional use standards shall apply.
2.
For the purposes of this Part, any required setbacks imposed upon
special exceptions or conditional uses shall be measured from the
boundary line of the site for which the special exception or conditional
use is requested, regardless of whether or not this line corresponds
to a property line or a lease line.
[1]
Editor's Note: Former § 401, Accessory Detached
Structures Exceeding 900 Square Feet, was repealed by Ord. No. 314,
11/18/2019.
[Ord. 227, 12/18/2006]
1.
Within the RU Zone, accessory dwelling units are permitted by special
exception, subject to the following criteria.
4.
The accessory dwelling unit shall contain no less than 400 square
feet of habitable floor area; however, the accessory dwelling unit
shall not occupy more than 50% of the habitable floor area of the
principal detached dwelling unit.
5.
The applicant shall furnish expert testimony that any exterior modifications
to the appearance of the building (except required fire escapes) complement
the property's residential character.
6.
All units contained on floors above or below grade shall have a direct
means of escape to ground level and at least one hard-wired fire-detection
device.
7.
The applicant shall demonstrate that an approved means of sewage
disposal and water supply shall be used.
8.
At least one off-street parking space shall be provided for the accessory
dwelling unit.
9.
No permanent sign shall advertise the presence of the accessory dwelling
unit; however, a temporary sign, not to exceed two square feet, may
be used to advertise the availability of the unit when it is unoccupied.
[Ord. 227, 12/18/2006]
1.
Within the I Zone, adult-related uses are permitted by conditional
use, subject to the following criteria.
2.
An adult-related use shall not be permitted to be located within
1,000 feet of any other adult-related use.
3.
No adult-related use shall be located within 1,000 feet of any land
within the RC, RS, RU, RF, or MI Zone.
4.
No establishment shall be located within 600 feet of any parcel of
land which contains any one or more of the following specified land
uses:
5.
The distance between any two adult-related uses shall be measured
in a straight line, without regard to intervening structures, from
the closest point on the exterior parcel line of each use. The distance
between any adult-related use and any land use specified above shall
be measured in a straight line, without regard to intervening structures,
from the closest point on the exterior parcel line of the adult-related
use to the closest point on the property line of said land use.
6.
No materials, merchandise, or film offered for sale, rent, lease,
loan, or for view upon the premises shall be exhibited or displayed
outside of a building or structure.
7.
Any building or structure used and occupied as an adult-related use
shall be windowless, or have an opaque covering over all windows or
doors of any area in which materials, merchandise or film are exhibited
or displayed, and no sale materials, merchandise or film shall be
visible from outside of the building or structure.
8.
No sign shall be erected upon the premises depicting or giving a
visual representation of the type of materials, merchandise or film
offered therein.
9.
Each entrance to the premises shall be posted with a notice specifying
that persons under the age of 17 years are not permitted to enter
therein and warning all other persons that they may be offended upon
entry.
10.
No adult-related use may change to another adult-related facility
except upon approval of an additional conditional use.
11.
The use shall not create an enticement for minors because of its
proximity to nearby uses where minors may congregate.
12.
No unlawful sexual activity or conduct shall be permitted.
13.
No more than one adult-related use may be located within one building.
[Ord. 227, 12/18/2006]
1.
Within the RC Zone, airports/heliports are permitted by conditional
use, subject to the following criteria.
2.
All facilities shall be designed and operated in strict compliance
with all applicable state and federal laws and regulations.
3.
The applicant shall furnish evidence of the acquisition of a license
from the Pennsylvania Department of Transportation, Bureau of Aviation,
prior to the approval of the conditional use application.
4.
No part of the takeoff/landing strip and/or pad shall be located
nearer than 300 feet from any property line.
[Ord. 227, 12/18/2006]
1.
Within the HC Zone, amusement arcades are permitted by special exception,
subject to the following criteria.
2.
All activities shall take place within a completely enclosed building.
3.
The applicant must furnish evidence as to how the use will be controlled
as to not constitute a nuisance due to noise or loitering outside
the arcade.
4.
A minimum of one parking space for each 80 square feet of gross leasable
floor area shall be provided. In addition, any accessory uses (e.g.,
snack bar) shall also require one parking space per two seats, plus
one parking space for each two employees.
5.
A working plan for the cleanup of litter shall be furnished and implemented
by the applicant.
[Ord. 227, 12/18/2006]
1.
Within the HC Zone, amusement, theme or zoo parks are permitted by
conditional use, subject to the following criteria.
2.
Amusement and/or theme parks may include any of the following uses,
provided that each use is sized, designed and located to only serve
employees and guests of the park; relies upon the circulation and
parking facilities of the park; has signage that is oriented to those
employees and guests of the park, except as permitted in § 315
of this chapter; and is owned, operated and maintained by the park:
A.
Museums, including tours of historic properties.
B.
Public parks, playgrounds and recreational facilities.
C.
Public or private conservation areas for use for the conservation
of open space, water, soil, and wildlife resources, including state
or county-sponsored agricultural and/or conservation districts.
D.
Zoos.
E.
Lodging for guests and employees.
F.
Riding stables and related facilities (but not including horse racing).
G.
Arboretums.
H.
Commercial tennis, racquetball and similar facilities, whether indoors
or outdoors.
I.
Agricultural, horticultural and forestry-related uses, as regulated
by § 200 of this chapter.
J.
Hotels and motels.
K.
Bed-and-breakfasts.
L.
Fast-food restaurants and snack bars.
M.
Amusement arcades.
N.
Public or private utility service structures.
O.
Public or nonprofit fire services or public or nonprofit emergency
services.
P.
Indoor or outdoor theaters and auditoriums.
Q.
Information centers.
R.
Campgrounds, in accordance with the requirements listed in § 414
of this chapter.
S.
Taverns, restaurants and nightclubs.
T.
Amusement exhibits and rides.
U.
Miniature golf courses.
V.
Sports and/or amusement arenas.
W.
Retail sales and/or rental of goods and services, provided that such
sales or rentals are related to or accessory to any of the commercial
recreation uses listed above.
X.
Health and fitness clubs.
Y.
Accessory uses customarily incidental to the above permitted uses.
3.
Special review process. Prior to the issuance of a building permit for any of those uses permitted under § 406, Subsection 2, the applicant must comply with the following two-stage review process:
A.
Stage 1: Concept Master Plan. Prior to or coincidental with the approval
of a land development for any use or development, the applicant shall
submit a concept master plan for conditional use approval by the City
Council in accordance with § 704 of this chapter. The requirements
of this § 406 shall be used as the specific criteria for
evaluating the conditional use application. Such concept master plan
shall be submitted by the applicant and shall include a textual and/or
graphic description of the following items:
(1)
The location, boundaries, dimensions, acreage, and ownership
of the land to be included within the proposed use.
(2)
The types and mixture of uses proposed of the land to be included
within the proposed use. (A schematic drawing of proposed use types
shall be provided.)
(3)
The road network contained upon the land to be included within
the proposed use, including major points of access, intersections
and any traffic improvements proposed to accommodate the proposed
use.
(4)
The name, location, center line and present right-of-way width
of all abutting streets.
(5)
Physical characteristics of the site, including:
(a)
Areas with slopes exceeding 15%.
(b)
One-hundred-year floodplains.
(c)
Alluvial soils, wetlands, ponds, and streams.
(d)
Sinkholes, caves, vistas, or other significant geologic features.
(e)
Endangered or threatened species' habitats.
(f)
Archaeological resources.
(g)
Historic sites.
(h)
Significant stands of mature trees.
(6)
Any regional facilities that are proposed and will serve more
than one lot/use within the proposed development. Examples of such
facilities could include stormwater management devices, open space
areas, pedestrian pathways, and wastewater or water facilities.
(7)
Other information illustrating that the basic concept of the
proposed uses are well-integrated, functional, efficient and attractive.
B.
Stage 2: Site Development Plan. As part of the granting of a building
permit for a use proposed and contained in the concept plan, the Zoning
Officer shall review a site plan submitted by the applicant to determine
that it complies with the approved concept master plan and any applicable
regulations. Upon determining compliance, the Zoning Officer shall
issue the permit. Upon determining noncompliance, the Zoning Officer
may reject the permit for cause and/or may require additional review
by other City officials or their agents. Such site plan shall include
but not be limited to the following:
(1)
Any information necessary to demonstrate compliance with all
applicable regulations contained within this chapter.
(2)
A textual and graphic description of how the proposed use(s)
complies with the concept master plan approved for the proposed development,
plus any conditions of approval attached to the grant of the concept
master plan.
4.
Minimum lot area requirement. Unless otherwise specified, the permitted
uses shall have a minimum lot size of 25 acres. For the purposes of
this section, a "use" can include several businesses that are developed
in a coordinated fashion (e.g., joint parking lots, access drives,
loading areas, landscaping, signage, etc.), that functions as one
development site and satisfies all of those requirements imposed upon
this zone.
5.
Minimum lot width: 500 feet.
6.
Minimum lot depth: 1,000 feet.
7.
Off-street parking spaces.
A.
Off-street parking spaces shall be provided at the rate equal to
that required by § 312 of this chapter. For parks that require
more than 300 off-street parking spaces, up to 50% of the total number
of spaces can be provided in a dust-free, nonpaved surface if:
B.
No direct access between a nonpaved parking lot and an adjoining
road shall be permitted. The applicant shall be required to demonstrate
those measures that will be employed to prevent vehicles from crossing
and/or parking on adjoining properties that are not part of the park.
8.
Any booths or other structures used for the collection of admission
and/or parking fees shall be set back and arranged to prevent vehicle
backups on adjoining roads during peak arrival periods. Any other
collection of fees (roaming parking lot attendants) shall be conducted
in a manner to prevent vehicle backups on adjoining roads. If, at
any time after the opening of the commercial recreation facility,
the City Council determines that traffic backups are occurring on
adjoining roads, and such backups are directly related to the means
of access to the subject property, the City Council can require the
applicant to revise the means of access to relieve the undue congestion.
9.
Those uses involving extensive outdoor activities shall provide sufficient
screening and/or landscaping measures to mitigate any visual and/or
audible impacts on adjoining properties.
10.
Any structures exceeding the maximum permitted height may be permitted
so long as they are set back from all property lines at least the
horizontal distance equal to their height, plus an additional 50 feet.
Furthermore, such structures shall comply with the Airport Safety
Zone requirements listed in § 231 of this chapter.
11.
The applicant shall furnish evidence that the proposed use will not
be detrimental to the use of adjoining properties due to hours of
operation, litter, dust, and pollution. All noise and lighting shall
comply with § 318 of this chapter.
12.
Any outside pedestrian waiting lines shall be provided with a means
of shade.
13.
Any use involving the keeping of wild and/or dangerous animals shall
require the submission of qualified expert testimony that demonstrates
sufficient care for and containment of such animals. Also, the applicant
must present qualified expert evidence that the means of disposal
of deceased animals complies with applicable regulations.
[Ord. 227, 12/18/2006]
1.
Within the LI and I Zones, automobile auctions and/or storage yards
shall be permitted by special exception, subject to the following
criteria.
2.
Any site used for the sale, parking and/or storage of more than 150
vehicles shall front solely upon collector or arterial roads.
3.
All exterior areas used for the sale, parking and/or storage of automobiles
shall be completely enclosed by a six-foot-high fence, which shall
be subject to the zone's setback requirements imposed upon off-street
parking lots.
4.
Access drives shall be governed by § 311 of this chapter
and the SLDO for a distance of 100 feet from the edge of the street
right-of-way. Beyond this, all areas used for vehicle sales, parking
or storage shall not be governed by § 311 of this chapter;
however, all areas shall include a nonpaved, all-weather, dust-free
surface.
5.
Vehicles may be parked and/or stored in a horizontally stacked configuration;
however, no vehicles shall be located more than 100 feet from a minimum
eighteen-foot-wide on-site access drive.
6.
All lighting shall be designed and constructed so as to comply with
§ 318 of this chapter.
7.
In addition to the preceding requirements, automobile auctions shall
comply with the following:
A.
The sales area shall be considered to be that of the smallest rectangle,
or other regular geometric shape, which encompasses all display stands,
booths, tables or stalls, plus any adjoining aisles and/or walkways
from which consumers can inspect items for sale. The sales area shall
include all indoor and outdoor areas as listed above.
B.
The retail sales area shall be set back at least 50 feet from all
property lines and shall be calculated as part of the maximum permitted
lot coverage, regardless of its surface treatment.
C.
Any exterior, amplified public-address system shall be arranged and
designed so as to comply with § 318 of this chapter.
D.
Exterior trash receptacles shall be provided amid any outdoor sales
area. Such trash receptacles shall be routinely emptied so as to prevent
the scattering of litter and debris. All applications shall include
a description of a working plan for the cleanup of litter.
E.
The servicing, reconditioning, demolition, or junking of vehicles
is prohibited.
F.
The applicant shall furnish evidence that the disposal of all materials
will be accomplished in a manner that complies with all applicable
state and federal regulations.
G.
No part of the auction shall be located within 300 feet of any land
within the RC, RS, RU, RF and MI Zones.
8.
A traffic impact report shall be prepared in accordance with § 320
of this chapter.
[Ord. 227, 12/18/2006]
1.
Within the HC Zone, automobile filling stations (including minor
incidental repair) are permitted by special exception, subject to
the following criteria.
2.
The subject property shall have a minimum width of 125 feet.
3.
The subject property shall front on an arterial or collector road,
as defined herein.
4.
The subject property shall be set back at least 300 feet from any
lot containing a school, day-care facility, playground, library, hospital,
or nursing, rest or retirement home.
5.
The storage of motor vehicles (whether capable of movement or not)
for more than one month is prohibited.
6.
Any parts removed from repaired vehicles shall not remain on the
site longer than seven days.
7.
All structures (including gasoline pump islands, but not permitted
signs) and machinery shall be set back at least 50 feet from any street
right-of-way line.
8.
No outdoor storage of auto parts shall be permitted.
9.
Access driveways shall be a minimum of 28 feet wide and separated
by 100 feet from one another, if located along the same frontage,
as measured from edge to edge.
10.
All ventilation equipment associated with fuel storage tanks shall
be set back 100 feet and oriented away from any adjoining residential
properties.
11.
The applicant shall furnish evidence of how the storage and disposal
of materials will be accomplished in a manner that complies with all
applicable state and federal regulations.
1.
Within the HC Zone, automobile sales, service and repair facilities,
including but not limited to auto mechanics, drive-thru lubrication
services and tires, auto paint, brake, muffler, transmission, windshield,
auto body, car radio, and upholstery shops, are permitted by special
exception, subject to the following criteria.
2.
All service and/or repair activities shall be conducted within a
completely enclosed building.
3.
All uses involving drive-thru service shall provide sufficient on-site
stacking lanes to prevent vehicle backups on adjoining roads.
4.
No outdoor storage of parts, equipment, lubricants, fuel, or other
materials used or discarded as part of the service or repair operation
shall be permitted.
5.
All exterior vehicle storage areas shall be screened from adjoining
residential properties.
6.
The storage of vehicles on the property without current registration
is prohibited.
7.
Any ventilation equipment outlets associated with the service/repair
work area(s) shall not be directly toward any adjoining property within
the RC, RS, RU, RF, or MI Zone.
8.
All vehicles shall be repaired and removed from the premises promptly.
9.
The demolition or junking of motor vehicles is prohibited.
10.
The applicant shall furnish evidence of how the storage and disposal
of materials will be accomplished in a manner that complies with all
applicable state and federal regulations.
[Ord. 227, 12/18/2006]
1.
Within the CB Zone, banks and similar financial institutions with
drive-thru lanes are permitted by special exception, subject to the
following criteria.
2.
Where practicable, all drive-thru window lanes shall be separated
from the parking lot's interior driveways.
3.
All automated teller machines shall be located so that or contain
convenient parking spaces so that the on-site movement of vehicles
will not be hampered by those cars belonging to persons using the
automated teller machines.
4.
Sufficient stacking lanes shall be provided associated with drive-thru
windows to prevent vehicle backups on adjoining roads. Furthermore
each drive-thru lane shall have on-site directional signs, indicator
lights or pavement markings identifying the direction of travel and
lane status (i.e., open vs. closed).
5.
Any exterior microphone/speaker system shall be arranged and/or screened
to prevent any objectionable noise impact on adjoining properties.
[Ord. 227, 12/18/2006]
1.
Within the RS, RU and RF Zones, bed-and-breakfasts are permitted
by special exception, subject to the following criteria.
2.
Bed-and-breakfasts shall only be permitted to occupy buildings that
have more than 3,000 square feet on the effective date of this chapter.
No additions to add habitable floor area after the effective date
of this chapter will be eligible for bed-and-breakfast use. No modifications
to the external appearance of the building (except fire escapes) which
would alter its residential character shall be permitted.
3.
All floors above the second story and/or below grade shall have a
permanently affixed direct means of escape to ground level and a hard-wired
smoke alarm.
4.
One off-street parking space shall be provided for each room available
for rent, in addition to those required for the dwelling unit.
5.
Within the RS Zone, all off-street parking areas shall be set back
a minimum of 25 feet from all property lines; and within the RU and
RF Zones, they shall be set back at least 10 feet.
6.
A bed-and-breakfast may erect one sign no larger than 12 square feet
in size. Such sign must be set back 10 feet from all lot lines.
7.
Meals shall be offered only to registered overnight guests.
8.
The applicant shall furnish evidence that an approved means of sewage
disposal and water supply shall be used.
9.
The applicant shall furnish proof of any needed land development
approvals and approval from the Pennsylvania Department of Agriculture.
10.
All bed-and-breakfasts shall have a full-time manager on the site.
[Ord. 227, 12/18/2006]
1.
Within the HC, LI and I Zones, billboards are permitted by special
exception, subject to the following criteria.
2.
No billboard shall be located within 1,000 feet of another billboard.
3.
All billboards shall be a minimum of 50 feet from all side and rear
property lines.
4.
All billboards shall be set back at least 35 feet from any street
right-of-way lines.
5.
All billboards shall be set back at least 100 feet from any land
within the RC, RS, RU, RF and MI Zones.
6.
No billboard shall obstruct the view of motorists on adjoining roads
or the view of adjoining commercial or industrial uses which depend
upon visibility for identification.
7.
No billboard shall exceed an overall size of 300 square feet nor
exceed 25 feet in height.
[Ord. 227, 12/18/2006]
1.
Within the RU and RF Zones, boardinghouses are permitted by special
exception.
2.
Minimum lot area: 10,000 square feet.
3.
The applicant shall furnish evidence that approved systems for sewage
disposal and water supply shall be used.
4.
All floors above the first story and/or below grade shall have a
permanently affixed direct means of escape to ground level and a hard-wired
smoke alarm.
5.
One off-street parking space shall be provided for each room available
for rent, in addition to those required for the dwelling unit.
6.
All off-street parking areas shall be set back a minimum of 10 feet
and be screened from all adjoining residential property lines.
7.
Meals shall be offered only to registered tenants.
8.
All uses must comply with Pennsylvania Department of Labor and Industry
requirements.
[Ord. 227, 12/18/2006]
1.
Within the RC Zone, campgrounds are permitted by special exception,
subject to the following criteria.
2.
Minimum lot area: five acres.
3.
Setbacks. All campsites shall be located at least 50 feet from any
side or rear property line and at least 100 feet from any street line.
4.
No more than 15 campsites per acre within a campground are permitted,
and each campsite shall either provide parking space which will not
interfere with the convenient and safe movement of traffic, or equivalent
parking shall be provided in a common parking area.
5.
An internal road system shall be provided with a dust-free surface.
6.
All outdoor play areas shall be set back 100 feet from any property
line and screened from adjoining residentially zoned properties. Such
outdoor play areas shall be used exclusively by registered guests
and their visitors.
7.
All campgrounds shall furnish centralized sanitary and garbage collection/recycling
facilities that shall be set back a minimum of 100 feet from any property
line. Such facilities shall be screened from adjoining residentially
zoned properties.
8.
Any accessory retail or service commercial uses shall be set back
a minimum of 100 feet from any property line. Such accessory commercial
uses shall be solely designed and constructed to serve the campground's
registered guests and their visitors. Any parking spaces provided
for these commercial uses shall have vehicular access from the campground's
internal road, rather than the public street. All accessory commercial
uses and related parking shall be screened from adjoining residentially
zoned parcels.
9.
All campgrounds containing more than 100 campsites shall have direct
vehicular access to an arterial or collector street.
10.
A campground may construct one freestanding or attached sign containing
no more than 32 square feet. Any reference to accessory commercial
or recreational facilities shall remain secondary in size to the reference
of the principal campground use. Such sign shall be set back at least
10 feet from the street right-of-way line and at least 25 feet from
adjoining lot lines.
11.
A minimum of 20% of the gross area of the campground shall be devoted
to active and passive recreational facilities. Responsibility for
maintenance of the recreation area shall be with the landowner. Should
the landowner neglect to maintain the recreation area, the City Council
shall then maintain the area and shall assess the landowner for any
costs incurred.
12.
Every campground shall have an office in which shall be located the
person responsible for operation of the campground. Such person shall
maintain a daily registration log of tenants; such registration log
shall be maintained for each calendar year.
13.
All water facilities, sewage-disposal systems, rest rooms, solid
waste disposal, and vector control shall be approved and maintained
in accordance with the requirements of the Pennsylvania Department
of Environmental Protection (PA DEP).
14.
All lighting shall be arranged and shielded so that no glare or direct
illumination shall be cast upon adjacent properties or public streets.
15.
Occupancy of a campsite by the same tenant shall be limited to no
more than 181 days during any calendar year.
16.
Upon the proper installation of the campground, the Zoning Officer
shall issue a temporary use and occupancy permit. Such permit shall
be reviewed every 12 months. A fee, in the amount to be set by the
City Council, shall be paid by the landowner upon each renewal of
the temporary use and occupancy permit. Such fee shall be based upon
the cost of the annual review of the permit.
17.
Prior to the issuance or renewal of a certificate of use and occupancy,
the owner of a campground shall file with, and receive approval by,
the City Council of a set of campground regulations.
18.
Upon due notice, the Zoning Officer may revoke a certificate of use
and occupancy for failure by the owner to enforce such regulations,
or for the violation of this chapter or other provisions, and the
same shall not be reinstated or renewed until satisfactory guarantees
of future enforcement are provided.
19.
All campgrounds must obtain and maintain a permit from the Pennsylvania
Department of Health.
[Ord. 227, 12/18/2006]
1.
Within the HC Zone, car washes are permitted by special exception,
subject to the following criteria.
2.
Public sewer and water facilities shall be utilized, and gray water
recycling is required.
3.
For automatic and self-service car washes, the applicant shall provide
sufficient stacking area to ensure that streets are never blocked
by patrons' vehicles. The property owner waives their right to appeal
a violation of this provision.
[Amended by Ord. No. 314, 11/18/2019]
4.
For full-service car washes, a post-washing drying area shall be
provided for no fewer than six vehicles per washing lane.
5.
All structures housing washing apparatus shall be set back 100 feet
from any street right-of-way line, 50 feet from any rear property
line, and 20 feet from any side lot line.
6.
Trash receptacles shall be provided and routinely emptied to prevent
the scattering of litter, and the applicant shall furnish and implement
a working plan for the cleanup of litter and debris.
7.
The subject property shall front on an arterial or collector road.
8.
The applicant shall demonstrate adequate provision for the collection
and disposal of greases and wastes.
9.
Car wash properties shall be screened from adjoining properties within
the RC, RS, RU, RF and MI Zones.
[Ord. 227, 12/18/2006]
1.
Within the RC Zone, cluster developments are permitted by conditional
use, subject to the following criteria.
2.
Purpose. This conditional use is intended to blend various residential
development types amid substantial areas of the City that are characterized
by severe development constraint and/or natural sensitivity. It is
the express purpose to offer a density bonus and flexible design standards
as enabled in the Act for the preservation and protection of natural/cultural
features and/or the provision of public accessible common open space.
It is further the intent of the City Council to encourage flexibility,
economy and ingenuity in the development of tracts within the RC Zone
of the City. It is the specific intent of the City Council to permit
developers to consider and utilize innovative methods of planning,
design, and development.
3.
The provisions of this § 416 shall be applied by conditional
use to lands within the RC Zone. This conditional use shall only be
permitted by approval of the City Council and written acceptance by
the landowner of all requirements of this section and any valid conditions
of approval attached by the City Council.
4.
The minimum area devoted to a cluster development shall be two acres.
5.
All proposed dwellings shall be connected to and served by both public
water and public sewer utilities.
6.
Required ratio and permitted densities of housing types. The following
table calculates permitted residential structure types and densities
within the cluster development based upon the extent of proposed common
open space:
|
Proposed Common Open Space
(percent of total site area)
|
Percentage of Dwelling Units Required by Structural Type
| ||
|---|---|---|---|
|
Single-Family
|
Duplex
|
Townhouse or Multiple-Family
| |
|
No less than 30%
|
At least 90%
|
No more than 10%
|
No more than 10%
|
|
31 to 50%
|
At least 65%
|
No more than 35%
|
No more than 35%
|
|
51 to 65%
|
At least 30%
|
No more than 70%
|
No more than 70%
|
|
65% or more
|
No more than 100%
|
No more than 100%
|
No more than 100%
|
7.
Required design standards. Within cluster developments, the maximum
permitted residential density is six units per net acre of the site,
including common open space. The following table and its footnotes
present applicable design standards applied to the various dwellings/lots:
|
Use
|
Minimum Lot Area
(square feet)
|
Maximum Permitted Height
(feet)
|
Minimum Lot Width at Building Setback/ Frontage
(feet)
|
Maximum Lot Coverage
|
Minimum Required Yards
| |||
|---|---|---|---|---|---|---|---|---|
|
Front4
(feet)
|
One Side
(feet)
|
Both Sides
(feet)
|
Rear5
(feet)
| |||||
|
Single-family1
|
6,000
|
35
|
60/(50)
|
50%
|
20
|
6
|
12
|
15
|
|
Duplex
|
4,500 per unit
|
35
|
45/(40 per unit)
|
60%
|
20
|
10
|
N/A
|
15
|
|
Townhouse2
|
1,800
|
35
|
18 feet/(18 per unit)
|
75%
|
15
|
15
|
End units
|
20
|
|
Multiple-family3
|
43,500
|
35
|
150/(200)
|
60%
|
25
|
30
|
60
|
35
|
|
NOTES:
| ||
|---|---|---|
|
1.
|
Within the cluster development, single-family dwellings
may employ a zero-lot-line design when the following conditions have
been met:
| |
 | ||
|
a.
|
One side wall of the structure may be located no less
than one inch from one of the side lot lines when adjoining another
zero-lot-line dwelling lot. The opposite side yard shall be least
10 feet wide.
| |
|
b.
|
A perpetual five-foot wall-maintenance easement shall
be provided on the lot adjacent to the zero-lot-line, which, with
the exception of freestanding walls, landscaping and/or fences, shall
be kept clear of all structures. This easement shall be shown on the
plan and incorporated into each deed transferring title to the property.
The wall shall be maintained in its original color and treatment,
unless otherwise agreed to, in writing, by the two affected lot owners.
| |
|
c.
|
Roof overhangs may penetrate the easement on the adjacent
lot a maximum of 24 inches, but the roof shall be so designed that
water runoff from the dwelling's place on the lot line is limited
to the easement area.
| |
|
d.
|
The wall of a dwelling located along a zero-lot-line
shall have no openings (e.g., windows, doors, air-conditioning units,
vents, etc.) unless such openings are located at least eight feet
above grade and have translucent panels.
| |
|
2.
|
No townhouse building shall contain more than eight
units. For each townhouse building containing more than four units,
no more than 60% of such units shall have the same front yard setback;
the minimum variation of setback shall be two feet. In addition, no
more than two contiguous units shall have identical rooflines that
generally parallel the ground along the same horizontal plane. All
townhouse buildings shall be set back a minimum of 15 feet from any
interior access drive or parking facilities contained on commonly
held lands. All townhouse buildings shall be set back at least 30
feet from any perimeter boundary of the development site. In those
instances where several townhouse buildings are located on the same
lot, the following footnote 3 shall apply.
| |
|
3.
|
In those instances where several multiple-family dwelling
buildings and/or townhouse buildings are located on the same lot,
the following separation distances will be provided between each building:
| |
|
a.
|
Front-to-front, rear-to-rear, or front-to-rear, parallel
buildings shall have at least 50 feet between faces of the building.
If the front or rear faces are obliquely aligned, the above distances
may be decreased by as much as 10 feet at one end if increased by
a similar or greater distance at the other end.
| |
|
b.
|
A minimum yard space of 30 feet is required between
end walls of buildings where both end walls contain windows and 20
feet otherwise. If the buildings are at right angles to each other,
the distance between the corners of the end walls of the building
may be reduced to a minimum of 20 feet.
| |
|
c.
|
A minimum yard space of 30 feet is required between
end walls and front or rear faces of buildings.
| |
|
d.
|
All multiple-family dwelling buildings shall be set
back a minimum of 15 feet from any interior access drives or parking
facilities contained on commonly held lands.
| |
|
4.
|
If the property abuts an arterial road, the minimum
front yard setback shall be 40 feet from the right-of-way line. Except
for multiple-family dwellings, the minimum front yard setback for
accessory residential garages shall be 20 feet.
| |
|
5.
|
Where dwellings abut the common open space to the rear,
the minimum required rear yard setback shall be reduced to 20 feet.
| |
8.
Open space design requirements. As specified in § 416, Subsection 6, no less than 30% of the total development site's net acreage shall be devoted to public and open space uses. The following standards shall also be applied to these areas:
A.
Of the minimum amount of open space required within a cluster development,
no less than one-third shall be used for public open spaces, including
centralized common greens, such as neighborhood parks, commons, buffers,
greenways, and golf courses. The remaining open space may be used
for perimeter buffers and conservation areas.
B.
The location and design of required public open spaces shall be largely
determined by a proper site planning process. As part of this process,
applicants shall be required to prepare a natural and cultural features
inventory of the site.
(1)
Qualified experts must identify and plot each of the following
found on the proposed site:
(a)
One-hundred-year floodplains.
(b)
Steep slopes (greater than 15%).
(c)
Wetlands, streams, ponds, or other water bodies.
(d)
Sinkholes, caves, vistas, or other significant geologic features.
(e)
Threatened or endangered species' habitats.
(f)
Archaeological resources.
(g)
Historic resources.
(h)
Significant individual or groups of mature trees.
(2)
From this inventory and plot, it shall be incumbent upon the
applicant to demonstrate that the proposed schematic design of the
cluster development minimizes disturbance of but integrates these
features to provide a safe and attractive network of common pedestrian
paths that link areas within the proposed development. All common
pedestrian paths shall consist of an all-weather, durable surface
that is at least four feet wide.
C.
The ownership and maintenance of common open space shall be governed
by § 319 of this chapter.
D.
Areas proposed to be dedicated to the City as public parklands may
be located within the common open space, provided that such parkland
complies with the following:
(1)
The site shall be located and designed so that safe and convenient
access shall be provided to all existing and proposed inhabitants.
Additionally, each shall have at least one area available for vehicular
access that is no less than 24 feet in width.
(2)
The site shall be sized and configured so as to accommodate
its intended uses. Sufficient lot width/depth dimension shall be provided
so as to accommodate, where practicable, ballfields, courts, and other
open play areas. Furthermore, should a development be proposed at
a location contiguous to an existing park, parklands shall be provided,
where practicable, as an expansion of an existing facility.
(3)
The site shall have suitable topography and soil conditions
for use and development as active play areas. No more than 25% of
the regular open space shall be comprised of floodplains, stormwater
management facilities, and/or slopes exceeding 3%. Any unimproved
site shall be provided with a healthy and vibrant ground cover.
(4)
The site shall be located and designed to conveniently access
proximate public utilities (e.g., sewer, water, power, etc.). However,
no part of any overhead utility easement or any aboveground protrusion
of an underground utility should be permitted in active play areas
of the site.
(5)
No part of the site shall be calculated as part of any required
setback, yard and/or open space for adjoining lots or uses as regulated
in this chapter.
[Ord. 227, 12/18/2006]
1.
Within the CB Zone, commercial day-care facilities are permitted
by special exception, subject to the following criteria.
2.
An outdoor play area shall be provided, at a rate of 65 square feet
per individual enrolled. Off-street parking compounds shall not be
used as outdoor play areas. Outdoor play areas shall be completely
enclosed by a minimum four-foot-high fence. Any vegetative materials
located within the outdoor play areas shall not be of a harmful type
(poisonous, thorny, allergenic, etc.). All outdoor play areas must
provide a means of shade, such as a shade tree(s) or a pavilion(s).
3.
"Enrollment" shall be defined as the largest number of persons under
day-care supervision at any one time during a seven-day period.
4.
Passenger drop-off and pickup areas shall be provided and arranged
so that the passengers do not have to cross traffic lanes on or adjacent
to the site.
[Ord. 227, 12/18/2006]
1.
Within the RC Zone, commercial produce operations are permitted by
special exception, subject to the following criteria.
2.
Minimum lot area: 10 acres.
3.
Maximum permitted lot coverage: 30%, including all impervious surfaces.
4.
If applicable, the applicant shall submit written evidence from the
appropriate review that the proposed use has an approved nutrient
management plan. All subsequent operations and activities shall be
conducted in accordance with such plans. If, at any time, the nutrient
management plan is amended, the applicant must again submit written
evidence of plan approval to the Zoning Officer.
5.
The applicant shall furnish evidence from the Elk County Conservation
District that the proposed use has an approved conservation plan.
All subsequent operations and activities shall be conducted in accordance
with such conservation plan. If, at any time, the conservation plan
is amended, the applicant must again furnish evidence from the Elk
County Conservation District that the amended plan has been approved.
6.
The applicant shall abide by and demonstrate a working knowledge
of those methods that will be employed to comply with the above-required
nutrient management plan and conservation plan.
7.
If greenhouses, or other buildings with substantially clear or translucent surfaces, are used, the applicant shall submit information that demonstrates compliance with § 318, Subsection 2, of this chapter.
8.
Any exhaust or ventilation fans employed shall be oriented and directed
away from the closest residence that is not that of the operator.
If said fans are within 1,000 feet of the closest subject property
line, then the applicant shall construct a dispersion buffer. Such
dispersion buffer shall include a vegetative berm that will effectively
disperse or redirect fan exhaust so that no direct exhaust velocity
is perceptible at any of the subject property lines.
9.
Any driveway or access drive providing for vehicular access to the
proposed use shall be paved and shall maintain a fifty-foot-wide radius
for all turns and intersections.
10.
Any on-site waste storage facilities shall comply with the requirements
of § 200, Subsection 2P(3), of this chapter.
11.
While a commercial produce operation exists, no subdivision or land development that would create an additional principal dwelling unit shall be permitted on the subject property, except that, subject to the limitations of § 200, Subsection 5, additional dwellings may be created for family members of the farm owner or for someone who is involved in the day-to-day farm operations.
12.
Water.
A.
The applicant shall submit an analysis of raw water needs (groundwater
or surface water) from either private or public sources, indicating
the quantity of water required. If the source is from a municipal
system, the applicant shall submit documentation that the public authority
will supply the water needed.
B.
In addition, if the facility is to rely upon nonpublic sources of
water, a water feasibility study will be provided to enable the City
to evaluate the impact of the proposed development on the groundwater
supply and on existing wells. The purpose of the study will be to
determine if there is an adequate supply of water for the proposed
development and to estimate the impact of the new development on existing
wells in the vicinity. The water feasibility study shall be reviewed
by the City engineers.
C.
A water system which does not provide an adequate supply of water
for the proposed development, considering both quantity and quality,
or does not provide for adequate groundwater recharge, considering
the water withdrawn by the proposed development, shall not be approved
by the City.
D.
A water feasibility study shall include the following information:
(1)
Calculations of the projected water needs.
(2)
A geologic map of the area, with a radius of at least one mile
from the site.
(3)
The location of all existing and proposed wells within 1,000
feet of the site, with a notation of the capacity of all high-yield
wells.
(4)
The location of all existing on-lot sewage disposal systems
within 1,000 feet of the site.
(5)
The location of all streams within 1,000 feet of the site and
all known point sources of pollution.
(6)
A determination of the long-term safe yield based on the geologic
formation(s) underlying the site.
(7)
A determination of the effects of the proposed water supply
system on the quantity and quality of water in nearby wells, streams
and the groundwater table.
(8)
A statement of the qualifications and the signature(s) of the
person(s) preparing the study.
13.
All commercial produce operations must comply with applicable stormwater
management regulations of the City.
15.
The applicant shall be required to submit a traffic impact report
in accordance with § 320 of this chapter.
16.
The site shall include one off-street parking space for each employee
during the largest work shift.
17.
The applicant may conduct a roadside stand operation within one of
the permanent buildings, but such use shall be limited to no more
than 250 square feet of display area.
18.
All buildings and storage/processing structures shall be set back
at least 100 feet from adjoining roads and properties, and all off-street
parking and loading spaces, outdoor storage areas and dumpsters shall
be set back at least 50 feet and screened from adjoining roads and
properties.
[Ord. 227, 12/18/2006]
1.
Within the HC Zone, commercial recreation facilities are permitted
by special exception, subject to the following criteria.
2.
If the subject property contains more than two acres, it shall front
on an arterial or collector road.
3.
Those uses involving outdoor activities shall provide sufficient
screening and/or landscaping measures to mitigate any visual and/or
audible impacts on adjoining properties. All uses must comply with
§ 318 of this chapter.
4.
Structures exceeding the maximum permitted height may be permitted,
so long as they are set back from all property lines at least the
horizontal distance equal to their height, plus an additional 50 feet.
Furthermore, such structures shall not be used for occupancy and must
comply with § 231 of this chapter.
5.
The applicant shall furnish qualified evidence that the proposed
use will not be detrimental to the use of adjoining properties due
to hours of operation, noise, light, litter, dust, and pollution.
6.
Required parking will be determined based upon the types of activities
proposed and the schedule listed in § 312 of this chapter.
In addition, the Council may require an unimproved, grassed, overflow
parking area to be provided for peak-use periods. Such overflow parking
areas shall be accessible only from the interior driveways of the
permanent parking lot. Overflow parking areas shall contain fencing
to prevent vehicles from crossing adjoining properties or directly
accessing adjoining roads.
7.
Any booths or other structures used for the collection of admission
and/or parking fees shall be set back and arranged to prevent vehicle
backups on adjoining roads during peak arrival periods. Any other
collection of fees (roaming parking lot attendants) shall be conducted
in a manner to prevent vehicle backups on adjoining roads. If, at
any time after the opening of the commercial recreation facility,
the City Council determines that traffic backups are occurring on
adjoining roads, and such backups are directly related to the means
of access to the subject property, the City Council can require the
applicant to revise the means of access to relieve the undue congestion.
8.
Any outside pedestrian waiting lines shall be provided with a means
of shade.
[Ord. 227, 12/18/2006]
1.
Within the RC, LI and I Zones, communication towers and equipment
that are not co-located upon existing structures are permitted by
special exception, subject to the following criteria.
2.
The applicant shall demonstrate, using technical evidence, that the
proposed location is necessary for the efficient operation of the
system. All other uses associated with the communication tower, such
as a business office, maintenance depot, or vehicle storage, shall
not be located on the site, unless the use is otherwise permitted
in the zone in which the site is located.
3.
Any communication tower shall be set back from each property line
a distance equal to its height, plus 50 feet. This setback shall also
be applicable to guide wire anchors for the communication tower.
4.
All towers and guide wire anchors shall be completely enclosed by
a minimum eight-foot-high fence with a self-locking gate. Any wire
on top of the fence shall not be included in the measurement of the
height of the fence.
5.
All ground-mounted satellite dishes that are used to transmit video-format
data shall be completely enclosed by a minimum eight-foot-high, non-climbable
fence that includes signage warning of dangerous radiation levels.
Any gates within the fence shall be locked when unattended.
6.
The applicant shall demonstrate that the proposed communication tower
and support structure is safe and that the surrounding area and roads
will not be negatively affected by structure failure, falling ice
or other debris, electromagnetic fields, or radio or satellite frequency
interference.
7.
No site shall be located within 500 feet of:
A.
Any land within the RS, RU, RF or MI Zone.
B.
The nearest property line of any existing residence.
C.
The nearest property line of any approved lot which has been subdivided
during the last five years for residential purposes, which has not
yet been constructed.
D.
The nearest property line of any lot proposed for residential purposes
which has been submitted for preliminary or final subdivision approval.
8.
The applicant shall submit notice of approval for the proposed installation
from the Federal Aviation Administration, the Federal Communications
Commission, and any other state and/or federal agencies.
9.
The applicant shall submit expert testimony that the communication
tower is the minimum height required to function satisfactorily and
that it complies with § 231 of this chapter.
10.
The applicant shall submit a plan for the removal of the communication
tower when it becomes functionally obsolete or is no longer in use.
The owner shall be responsible for the removal of the facility within
three months from the date the applicant ceases use of the facility
or the facility becomes obsolete.
11.
In order to reduce the number of tower support structures needed
in the City in the future, any proposed support structure shall be
designed to accommodate other users, including but not limited to
police, fire and emergency services.
12.
If a tower site is fully automated, two off-street parking spaces
shall be required. If the site is not automated, the number of required
parking spaces shall equal the number of people on the largest shift,
but in any event may not be less than two off-street parking spaces.
13.
The following landscaping shall be required to screen as much of
the support structure as possible, the fence surrounding the support
structure, and any other ground-level features (such as a building):
A.
An evergreen screen shall be required to surround the site. The screen
can be either a hedge or a row of evergreen trees. The evergreen screen
shall be a minimum height of six feet at planting and shall grow to
a minimum of 15 feet at maturity.
B.
In addition, existing vegetation on and around the site shall be
preserved to the greatest extent possible.
15.
Communication towers shall be painted with silver or have a galvanized
finish retained in order to reduce visual impact. Support structures
may be painted green up to the height of nearby trees to lessen visual
impact. All support structures shall meet all applicable Federal Aviation
Administration regulations. No communication tower may be artificially
lighted, except when required by the Federal Aviation Administration,
state regulations or by City requirements.
16.
Lighting shall be required on all towers in excess of 50 feet. The
lighting alternatives and design chosen must cause the least disturbance
to the surrounding views.
17.
The minimum lot area shall be one acre.
18.
All communication towers shall be located at least 1/2 mile from
any other communication towers.
19.
A full site plan, prepared by either a registered surveyor or a professional
engineer, with elevations prepared by a professional engineer, shall
be required for communication tower sites, showing the communication
tower, buildings, fences, buffering, access, and any accessory structures.
20.
Prior to a certificate of use and occupancy being issued, the applicant
shall provide an engineer's certification that the tower is constructed
as designed and shall submit the same to the Zoning Officer.
[Ord. 227, 12/18/2006]
1.
Within the RC Zone, concentrated animal feeding operations are permitted
by special exception, subject to the following requirements.
2.
Any building or area used for the housing, feeding, watering, or
running of livestock or poultry shall be set back at least 500 feet
from:
A.
The nearest property line of any existing residence, other than the
principal residence of the applicant.
B.
The nearest property line of any approved lot which has been subdivided
during the last five years for residential purposes, which has not
yet been constructed.
C.
The nearest property line of any lot proposed for residential purposes
which has been submitted for preliminary or final subdivision approval.
3.
Any building or area used for the housing, feeding, watering, or
running of livestock or poultry shall be set back at least 500 feet
from any adjoining properties within the RC Zone and any land within
the RS, RU, RF and MI Zones.
4.
The applicant shall submit a copy of an approval nutrient management
plan for the proposed use which has been reviewed and approved by
the appropriate reviewing agency. All subsequent operations and activities
shall be conducted in accordance with such plans. If, at any time,
the nutrient management plan is amended, the applicant must again
submit the amended plan to the Zoning Officer.
5.
The applicant shall furnish evidence from the Elk County Conservation
District that the proposed use has an approved conservation plan.
All subsequent operations and activities shall be conducted in accordance
with such conservation plan. If, at any time, the conservation plan
is amended, the applicant must again furnish evidence from the Elk
County Conservation District that the amended plan has been approved.
6.
The applicant shall submit, abide by and demonstrate a working knowledge
of written qualified evidence describing those methods that will be
employed to:
A.
Minimize odor on nearby properties. Unless these methods employ the
best possible techniques and materials that can be practicably applied
to the proposed use, the application will be denied.
B.
Dispose of dead animals according to the regulations of the Pennsylvania
Department of Agriculture. In the event of a catastrophic event in
which mass disposal is warranted, the Pennsylvania Department of Agriculture
can require whatever disposal methods are deemed appropriate to safeguard
animal and public health.
C.
Comply with the above-required nutrient management plan and conservation
plan.
7.
Any exhaust or ventilation fans employed shall be oriented and directed
away from the closest residence that is not that of the operator.
If said fans are within 1,000 feet of the closest residence that is
not that of the operator, then the applicant shall construct a dispersion
buffer between the exhaust of the fan and that residence(s). Such
dispersion buffer shall include a vegetative berm that will effectively
disperse or redirect fan exhaust so that no direct exhaust velocity
is perceptible at the property line.
8.
Any driveway or access drive providing for vehicular access to the
proposed use shall maintain a fifty-foot-wide radius for all turns
and intersections.
9.
Any on-site manure storage facilities shall comply with the requirements
of § 200, Subsection 2P(3).
10.
All buildings used for the housing of livestock shall be fitted with
a solid concrete slab or slotted floor.
11.
The applicant may conduct a roadside stand operation within one of
the permanent buildings, but such use shall be limited to no more
than 250 square feet of display area.
[1]
Editor's Note: Former § 422, Conversion Apartments,
was repealed by Ord. No. 314, 11/18/2019.
[Ord. 227, 12/18/2006]
1.
Within the CB and HC Zones, drive-thru and/or fast-food restaurants
are permitted by special exception, subject to the following criteria.
2.
Exterior trash/recycling receptacles shall be provided and routinely
emptied so as to prevent the scattering of litter. All applications
shall include a description of a working plan for the cleanup of litter.
3.
Within the HC Zone, all drive-through window lanes and interior driveways
shall be designed to allow the free movement of vehicles simultaneously.
The applicant shall provide sufficient stacking area to ensure that
streets are never blocked by patrons' vehicles. The property owner
waives their right to appeal a violation of this provision. Within
the CB Zone, no drive-through lanes are permitted.
[Amended by Ord. No. 314, 11/18/2019]
4.
Any exterior speaker/microphone and lighting systems shall be arranged
and/or screened to comply with § 318 of this chapter. Within
the CB Zone, no outside microphone system is permitted.
5.
All exterior seating/play areas shall be completely enclosed by a
minimum three-foot-high fence.
6.
Within the HC Zone, no part of the subject property shall be located
within 200 feet of any land within the RC, RS, RU, RF, or MI Zone.
[Ord. 227, 12/18/2006]
1.
Within the CB Zone, dry cleaners, laundries and Laundromats are permitted
by special exception, subject to the following criteria.
2.
Public sewer and water shall be used.
3.
All activities shall be conducted within a completely enclosed building.
4.
During operation or plant cleanup and maintenance, all windows and
doors on walls facing adjoining residential zones shall be kept closed.
5.
Any exhaust ventilation equipment shall be directed away from adjoining
residentially zoned property.
[Ord. 227, 12/18/2006]
1.
Within the RS Zone, ECHO housing is permitted by special exception,
subject to the following criteria.
2.
The elder cottage may not exceed 900 square feet of floor area, except
that an existing accessory structure may be converted for this use,
but only during its qualified occupancy.
3.
The total building coverage for the principal dwelling, any existing
accessory structures and the elder cottage together shall not exceed
the maximum requirement for the RS Zone.
4.
The elder cottage shall be occupied by either an elderly (55 years
or older) or challenged (mentally, physically, emotionally) person
related to the occupants of the principal dwelling by blood, marriage
or adoption.
5.
The elder cottage shall be occupied by a maximum of two people.
6.
Utilities.
A.
For sewage disposal and water supply and all other utilities, the
elder cottage shall be physically connected to those systems serving
the principal dwelling. No separate utility systems or connections
shall be constructed or used. All connections shall meet the applicable
utility company standards and fees.
B.
If on-site sewer or water systems are to be used, the applicant shall
submit evidence to the Zoning Hearing Board showing that the total
number of occupants in both the principal dwelling and the elder cottage
will not exceed the maximum capacities for which the one-unit systems
were designed, unless those systems are to be expanded, in which case
the expansion approvals are to be submitted. Any connection to or
addition to an existing on-site sewer system shall be subject to the
review and approval of the Sewage Enforcement Officer.
7.
A minimum of one all-weather, off-street parking space, with unrestricted
ingress and egress to the street, shall be provided for the elder
cottage, in addition to that required for the principal dwelling.
8.
Any new elder cottage shall be installed and located only in the
side or rear yard and shall adhere to all side and rear yard setback
requirements for principal uses.
9.
Any new elder cottage shall be removed from that property within
90 days after it is no longer occupied by a person who qualifies for
the use, and any existing accessory structures must revert to a permitted
use.
10.
Upon the proper installation of the elder cottage, the Zoning Officer
shall issue a temporary use and occupancy permit. Such permit shall
be reviewed every 12 months, until such time as the elder cottage
is required to be removed. A fee, in the amount to be set by the City
Council, shall be paid by the landowner upon each renewal of the temporary
use and occupancy permit. Such fee shall be based upon the cost of
the annual review of the permit.
[Ord. 227, 12/18/2006]
1.
Within the RS, RU and RF Zones, family day-care facilities are permitted
within detached dwellings by special exception, subject to the following
criteria.
[Amended by Ord. No. 314, 11/18/2019]
2.
A family day-care facility shall offer care and supervision to no
more than six different persons during any calendar day.
3.
All family day-care facilities with enrollment of more than three
persons shall furnish a valid registration certificate for the proposed
use, issued by the Pennsylvania Department of Public Welfare.
4.
An outdoor play area no less than 100 square feet for each person
enrolled shall be provided. Such play area shall not be located within
the front yard nor any vehicle parking lot. Outdoor play areas shall
be set back at least 10 feet and screened from any adjoining RS-zoned
property. A six-foot-high fence shall completely enclose the outdoor
play area. Any vegetative materials located within the outdoor area
shall be of a non-harmful type (poisonous, thorny, allergenic, etc.).
All outdoor play areas must include a means of shade, such as a tree(s)
or a pavilion(s).
5.
Passenger drop-off and pickup areas shall be provided on site and
arranged so that passengers do not have to cross traffic lanes on
or adjacent to the site.
[Ord. 227, 12/18/2006]
1.
Within the HC Zone, farmers', antique and/or flea markets are permitted
by special exception, subject to the following criteria.
2.
The retail sales area shall be considered to be that of the smallest
rectangle, or other regular geometric shape, which encompasses all
display stands, booths, tables or stalls, plus any adjoining aisles
and/or walkways from which consumers can inspect items for sale. The
retail sales area shall include all indoor and/or outdoor areas as
listed above.
3.
The retail sales area shall be set back at least 20 feet from all
property lines and shall be calculated as part of the maximum permitted
lot coverage, regardless of its surface treatment.
4.
Off-street parking shall be provided at the rate of one space per
each 200 square feet of retail sales area.
5.
Off-street loading shall be calculated upon the retail sales area
described above and according to the schedule listed in § 313
of this chapter.
6.
All outdoor display and sales of merchandise shall be completely
enclosed within a minimum four-foot-high fence and shall begin no
earlier than 6:00 a.m. and be completed no later than official sunset.
7.
Any exterior amplified public-address system and lighting shall be
arranged and designed so as to comply with § 318 of this
chapter.
8.
Exterior trash and recycling receptacles shall be provided amid any
outdoor retail sales area. Such trash receptacles shall be routinely
emptied so as to prevent the scattering of litter and debris. All
applications shall include a description of a working plan for the
cleanup of litter.
9.
Vendors are permitted to park and remain with their vehicles overnight
no earlier than one-day prior to, nor later than the next day after,
the conduct of a sale. Such parking shall only occur within designated
areas that are enclosed within a minimum four-foot-high fence.
10.
A traffic impact report shall be prepared in accordance with § 320
of this chapter.
[Ord. 227, 12/18/2006]
1.
Within the RF, CB and HC Zones, funeral homes are permitted by special
exception, subject to the following criteria.
2.
Public sewer and water facilities shall be utilized.
3.
Sufficient off-street parking shall be provided to prevent traffic
backups onto adjoining roads.
4.
No vehicular access to the site shall be from an arterial road.
5.
The applicant shall furnish expert testimony that the disposal of
human remains, and related chemicals and materials, shall be in accordance
with applicable laws and standards.
[Ord. 227, 12/18/2006]
1.
Within the RC Zone, golf courses are permitted by special exception,
subject to the following criteria.
2.
Golf courses may include the following accessory uses, provided that
such uses are reasonably sized and located so as to provide incidental
service to the golf course employees and users:
A.
A clubhouse, which may consist of:
(1)
Restaurant, snack bar, lounge, and banquet facilities.
(2)
Locker and rest rooms.
(3)
Pro shop.
(4)
Administrative offices.
(5)
Golf cart and maintenance equipment storage and service facilities.
(6)
Fitness and health equipment, including workout machines, spas,
whirlpools, saunas, and steam rooms.
(7)
Game rooms, including card tables, billiards, ping-pong, and
other similar table games.
(8)
Babysitting rooms and connected fence-enclosed play lots.
B.
Accessory recreation amenities located outside of a building, including:
(1)
Driving range, provided that all lighting shall comply with § 318, Subsection 2, of this chapter.
(2)
Practice putting greens.
(3)
Swimming pools.
(4)
Tennis, platform tennis, handball, racquetball, squash, volleyball,
and badminton courts.
(5)
Bocce ball, croquet, shuffleboard, quoits, horseshoe pits, and
washers courses.
(6)
Picnic pavilions, picnic tables, park benches, and barbecue
pits.
(7)
Hiking, biking, horseback riding, and cross-country ski trails.
(8)
Playground equipment and play lot games, including four-square,
dodgeball, tetherball, and hopscotch.
C.
Freestanding maintenance equipment and supply buildings and storage
yards.
3.
In no case shall the golf course design, permit or encourage a golf
ball to be driven across any building, building lot, parking lot,
street, access drive, or driveway.
4.
All golf course buildings shall be set back 75 feet from any adjoining
roads and 100 feet from adjoining residential structures or parcels.
5.
Golf paths. Golf paths shall be graded so as to discharge stormwater
runoff. Surface conditions of paths shall be adequately protected
from an exposed soil condition.
A.
The golf course design shall minimize golf path crossings of streets,
access drives and driveways. Easily identifiable golf paths must be
provided for crossings of streets, access drives or driveways. The
golf course design shall both discourage random crossing and require
use of the golf path crossings of streets, access drives and driveways.
Golf path crossings shall conform with the following:
(1)
Each crossing shall be perpendicular to the traffic movements.
(2)
Only one street, access drive or driveway may be crossed at
each location.
(3)
No crossing is permitted between a point 15 feet and 150 feet
from the cartway edge of a street, access drive or driveway intersection.
(4)
The crossing must be provided with a clear sight triangle of
75 feet, measured along the street, access drive or driveway center
line and the golf path center line, to a location on the center line
of the golf path five feet from the edge of the roadway. No permanent
obstruction over 30 inches high shall be placed within this area.
(5)
Sight distance. Golf path intersections shall be designed to
provide adequate sight distance with regard to both horizontal and
vertical alignment. The required sight distance shall be governed
by § 305 of this chapter.
(6)
The golf cart path shall not exceed a slope of 8% within 25
feet of the cartway crossing.
(7)
Golf path crossings shall be signed, warning motorists and pedestrians
and golfers. The surface of the golf path shall be brightly painted
with angle stripes.
(8)
Golf path crossings of collector or arterial streets shall consist
of a tunnel or bridge that is not located at street grade. The golf
course design shall both prohibit on-grade crossing of collector or
arterial streets and require the use of the tunnel. The construction
of the collector or arterial roadway crossing of the tunnel shall
comply with PennDOT standards.
[Ord. 227, 12/18/2006]
1.
Within the LI, I and HC Zones, heavy equipment sales, service and/or
repair service facilities are permitted by special exception, subject
to the following criteria.
[Amended by Ord. 279, 1/21/2013]
2.
All service and/or repair activities shall be conducted within a
completely enclosed building.
3.
All uses involving drive-thru service shall provide sufficient on-site
stacking lanes to prevent vehicle backups on adjoining roads.
4.
All exterior storage and/or display areas shall be screened from
adjoining residentially zoned properties. Within the LI Zone, all
exterior storage/display areas shall be set back at least 50 feet
from adjoining street lines; and within both zones such areas shall
be covered in an all-weather, dust-free surface.
5.
The storage of junked vehicles, boats, machinery, trucks, trailers,
mobile homes, and heavy equipment vehicles, or any parts thereof,
on the property is prohibited.
6.
Any ventilation equipment outlets associated with the service/repair
work area(s) shall not be directed toward any adjoining property within
the RC, RS, RU, RF or MI Zone.
7.
All vehicles shall be repaired and removed promptly from the premises.
[Ord. 227, 12/18/2006]
1.
Within the I Zone, heavy industrial uses not permitted within the
LI Zone are permitted by conditional use, subject to the following
criteria.
2.
The applicant shall provide a detailed description of the proposed
use in each of the following topics:
A.
The nature of the on-site processing operations, the materials used
in the process, the products produced, and the generation and methods
for disposal of any by-products. Evidence shall be provided indicating
that the disposal of all materials and wastes will be accomplished
in a manner that complies with state and federal regulations. Such
evidence shall, at a minimum, include copies of contracts with waste
haulers licensed to operate within the county, which have been contracted
to dispose of the materials and wastes used, or generated, on site
or some other legal means of disposal. The building permit for this
use shall remain valid only so long as such contracts remain in effect
and all materials and wastes are properly disposed of on a regular
basis. Should the nature of the use change in the future, such that
the materials used, or wastes generated, change significantly, either
in type or amount, the owner shall so inform the Zoning Officer and
shall provide additional evidence demonstrating continued compliance
with the requirements of this section.
B.
The general scale of the operation in terms of its market area, specific
floor space requirements for each step of the industrial process,
the total number of employees on each shift, and an overall needed
site size.
C.
Any environmental impacts that are likely to be generated (e.g.,
noise, smoke, dust, litter, glare, vibration, electrical disturbance,
wastewater, stormwater, solid waste, etc.) and specific measures employed
to mitigate or eliminate any negative impacts. The applicant shall
further furnish evidence that the impacts generated by the proposed
use fall within acceptable levels, as regulated by applicable laws
and ordinances.
D.
A traffic impact report prepared in accordance with § 320
of this chapter.
[Ord. 227, 12/18/2006]
1.
Within the MI Zone, helistops are permitted by special exception,
subject to the following criteria.
2.
The helistop shall only be used for the emergency transport of patients
to or from health-care-related uses permitted in the MI Zone.
3.
The helistop shall not include auxiliary facilities, such as fueling
and maintenance equipment.
4.
The helistop shall be set back a minimum of 300 feet from any adjoining
property and any street. In the event that the helistop use is located
on the roof of a building which houses emergency health-care services,
the minimum setback requirements for the applicable building shall
supersede.
5.
The applicant must demonstrate compliance, through a written statement,
and continue to comply with applicable state and federal standards.
[Ord. 227, 12/18/2006]
1.
Within the HC Zone, home improvement and building supply stores are
permitted by special exception, subject to the following criteria.
2.
All outdoor storage and display areas (exclusive of nursery and garden
stock) shall be screened from adjoining properties.
3.
If the subject property contains more than two acres, it shall front
along an arterial or collector road.
4.
The retail sales area shall be all areas open for public display,
including but not limited to shelves, racks, bins, stalls, tables,
and booths, plus any adjoining aisles or walkways from which consumers
can inspect items for sale. The retail sales area shall include both
interior and exterior areas, as listed above.
5.
Off-street parking shall be provided at the rate of one space for
each 200 square feet of interior retail sales area, plus one space
for each 500 square feet of exterior retail sales area.
6.
All exterior retail sales areas shall include a dust-free surface
and a completely enclosed minimum six-foot-high fence.
8.
The applicant shall furnish expert evidence that any exterior amplified
public-address system and/or exterior lighting has been arranged and
designed so as to comply with § 318 of this chapter.
9.
Any drilling, cutting, sawing, mixing, crushing, or some other preparation
of building materials, plus any testing or repair of motorized equipment,
shall be conducted within a completely enclosed building.
10.
The applicant shall submit a traffic impact report, as governed by
§ 320 of this chapter.
11.
The applicant shall submit a working plan for the collection, recycling
and disposal of litter and wastes.
[Ord. 227, 12/18/2006]
1.
Within the RS, RU and RF Zones, home occupations are permitted by
special exception, subject to the following criteria.
2.
Only single-family, detached and semidetached dwellings may contain
a home occupation.
3.
Only residents may engage in a home occupation.
4.
Such occupations shall be incidental or secondary to the use of the
property as a residence and are limited to those occupations customarily
conducted within a dwelling unit.
5.
At least one off-street parking space, in addition to those required
of residence units, shall be required. Within the RS Zone, such parking
spaces shall be screened from adjoining properties.
6.
No goods shall be visible from the outside of the dwelling.
7.
The area used for the practice of a home occupation shall occupy
no more than 25% of the total floor area of the dwelling unit or 500
square feet, whichever is less. All home occupation activities shall
be conducted within the dwelling building.
8.
No manufacturing, repairing, or other mechanical work shall be performed
in any open area. Such activity shall be conducted in such a way that
no noise, odor, vibration, electromagnetic interference, or smoke
shall be noticeable at or beyond the property line.
9.
No external storage of materials or products shall be permitted.
No storage in accessory structures or attached garages shall be permitted.
10.
The exterior appearance of the structure or premises is constructed
and maintained as a residential dwelling.
11.
One nonilluminated sign, not to exceed four square feet in display
area, shall be permitted.
[Ord. 227, 12/18/2006]
1.
Within the CB Zone, hotels (including related dining facilities)
are permitted by special exception, subject to the following criteria.
2.
Both public sewer and public water shall be utilized.
3.
The following accessory uses may be approved as part of the conditional
use application:
4.
The above accessory uses (aside from outdoor recreational uses) shall
be physically attached to the main hotel building.
5.
One restaurant or tavern shall be permitted on the same lot as a
principal hotel, subject to the following:
A.
The proposed restaurant, tavern or nightclub shall offer the preparation
and serving of food and drink to be consumed on the premises; no drive-through
or take-out services shall be permitted.
B.
No additional freestanding signs (other than those permitted for
the principal hotel use) shall be permitted.
[Ord. 227, 12/18/2006]
1.
Within the MI Zone, incinerators and autoclaves are permitted by
special exception, subject to the following criteria.
2.
Only the processing of waste generated within the MI Zone in which
the facility is located is permitted.
3.
All processing and storage of waste shall be conducted within a completely
enclosed building.
4.
All storage of waste shall be in a manner that is leak- and vector-proof.
5.
No storage of waste shall exceed seven days in length.
6.
The incinerator shall be set back at least a distance equal to its
height from all lot lines and the use must demonstrate compliance
with § 231 of this chapter.
7.
The applicant must demonstrate compliance, through a written statement,
and continue to comply with all applicable state and federal standards
and regulations.
[Ord. 227, 12/18/2006]
1.
Within the LI and I Zones, junkyards are permitted by conditional
use, subject to the following criteria.
2.
Minimum lot area: two acres.
3.
The outdoor area devoted to the storage of junk shall be completely
enclosed by a ten-foot-high, sight-tight fence which, within the LI
Zone, shall be set back at least 100 feet from all property lines.
4.
Within the LI Zone, all completely enclosed buildings used to store
junk shall be set back at least 50 feet from all property lines.
5.
No material may be stored or stacked so that it is visible from adjoining
properties and roads.
6.
All additional federal and state laws shall be satisfied.
7.
The setback area between the fence and the lot lines shall be kept
free of weeds and all scrub growth.
8.
All junk shall be stored or arranged so as to permit access by fire-fighting
equipment and to prevent the accumulation of water and with no junk
piled to a height greater than eight feet.
9.
No open burning of oil, grease, tires, gasoline, or other similar
material shall be permitted at any time.
10.
Any junkyard shall be maintained in such a manner as to cause no
public or private nuisance, nor to cause any offensive or noxious
sounds or odors, nor to cause the breeding or harboring of rats, flies
or other vectors.
11.
No junkyard shall be located on land with a slope in excess of 5%.
12.
The applicant shall submit written evidence that all vehicles shall
have all fuels and lubricants drained and properly disposed of prior
to storage on the site.
[Ord. 227, 12/18/2006]
1.
Manufactured home parks complying with all provisions of Chapter 14 of this Code are permitted in the RC, RU, and RF zones by special exception.
[Amended by Ord. 279, 1/21/2013]
2.
The minimum parcel size for any manufactured home park development
shall be five acres.
3.
The maximum number of manufactured home units shall be limited to
seven per acre.
4.
Each single manufactured home lot shall contain no less than 4,200
square feet and shall be at least 40 feet wide.
5.
No manufactured home lot shall be within 25 feet of a park boundary
nor within 50 feet of an outside street right-of-way. This area shall
constitute the manufactured home park boundary area.
6.
No manufactured home park office or service building shall be located
within 30 feet of a park boundary or an outside street right-of-way;
nor within 30 feet of the right-of-way of an interior park street
or the paved edge of a common parking area or common walkway; nor
within 30 feet of an adjacent structure or manufactured home.
7.
Each manufactured home shall have a minimum front yard of 20 feet,
a rear yard of 15 feet, and two side yards of 10 feet each. In no
case shall the distance between any two manufactured homes be less
than 20 feet.
8.
A paved on-site walkway of a minimum width of four feet shall be
provided to each manufactured home unit from an adjacent street.
9.
Streets, curbs and sidewalks shall be constructed to City standards
for private streets.
10.
All roads in the park shall be private access drives and shall be
paved with a bituminous or concrete surface at least 22 feet wide.
11.
Each manufactured home lot shall abut on a park access drive with
access to such access drive. Access to all manufactured home lots
shall not be from public streets or highways.
12.
Each manufactured home space shall contain no more than one manufactured
home nor more than one family.
13.
No less than 10% of the total manufactured home park area shall be
set aside for recreation and open space purposes. Such area may not
include any of the required manufactured home park boundary area.
No service buildings or offices may be constructed within the required
recreation and open space area.
14.
Each manufactured home stand shall have attachments for waste disposal,
water supply facilities and electrical service, and such facilities
shall be properly connected to an approved method of sewage disposal
and water and electrical supply.
15.
Protective skirting shall be placed around the area between the stand
surface and the floor level of each manufactured home so as to prevent
that area from forming a harborage for rodents, creating a fire hazard,
or exposing unsightly conditions.
16.
No recreational vehicle, travel or vacation trailer or other form
of temporary living unit shall be placed upon any manufactured home
stand or used as a dwelling within the manufactured home park.
17.
Service and accessory buildings.
A.
Construction. All service and accessory buildings, including management
offices, storage areas, laundry buildings, and indoor recreation areas,
shall conform to the requirements of any applicable building code,
and such shall be maintained so as to prevent deterioration caused
by decay, corrosion, termites, or other destructive elements. Attachments
to manufactured homes in the form of sheds and lean-tos are prohibited.
B.
Manufactured home park office. Every manufactured home park shall
have an office on site for the manufactured home park manager. Every
manufactured home park containing 15 or more manufactured home spaces
shall have a structure designed and clearly identified for such office.
C.
Storage space. Occupants of each manufactured home unit shall be
provided with a minimum of 150 cubic feet of storage space in an individual
storage building placed to the rear of each manufactured home.
D.
Use. Service and accessory buildings located in a manufactured home
park shall be used only by the occupants of the same and their guests.
18.
Each manufactured home shall be provided with a minimum of two paved
parking spaces, which shall be located on the manufactured home space.
If on-street parking is not provided, one additional off-street parking
space per unit shall be provided in a common visitor parking compound.
Such visitor parking compounds shall be sized, arranged, and located
so that the spaces are within 300 feet, walking distance, to those
units served.
19.
Each manufactured home shall be placed on a six-inch-thick poured-concrete
pad over a six-inch stone base, the length and width of which shall
be at least equal to the length and width of the manufactured home
it is to support. Every manufactured home shall be anchored to the
manufactured home pad where it is located prior to the unit being
occupied and no more than seven days from the arrival of the manufactured
home. The anchoring system shall be designed by a registered professional
engineer to prevent tilting of the unit and to resist a minimum wind
velocity of 90 miles per hour.
20.
All manufactured home parks shall be screened from adjoining properties
and roads. Screening methods shall be described and graphically depicted
as part of the conditional use application.
[Ord. 227, 12/18/2006]
1.
Within the I Zone, mass transportation depots are permitted by conditional
use, subject to the following criteria.
2.
The applicant shall submit a traffic impact report in accordance
with § 320 of this chapter.
3.
The applicant shall present qualified expert evidence as to how the
use will provide for the expected demand for needed off-street parking
spaces for the proposed use. In addition, the applicant shall present
evidence of the ability to provide additional off-street parking spaces
if demand increases. The applicant shall also present credible evidence
that the number of oversized off-street parking spaces provided for
public transportation vehicles will be adequate to accommodate the
expected demand generated by patrons. Any gates or other barriers
used at the entrance to parking areas shall be set back and arranged
to prevent vehicle backups onto adjoining roads during peak arrival
periods.
4.
The subject property shall have a minimum of 200 feet of road frontage
along an arterial road.
5.
The subject property shall be located no closer than 200 feet from
any RC, RS, RU, RF, or MI Zone and/or property containing a school,
day-care facility, park, playground, library, hospital, nursing, rest
or retirement home, or medical residential campus.
6.
All structures (including but not limited to air compressors, fuel
pump islands, and kiosks) shall be set back at least 50 feet from
any street right-of-way line.
7.
Access driveways shall be a minimum of 24 feet and a maximum of 35
feet wide. All access drives onto the same road shall be set back
at least 150 feet from one another, as measured from the closest points
of cartway edges.
8.
Trash and recycling receptacles shall be provided amid off-street
parking areas, which shall be routinely emptied. Furthermore, a working
plan for the regular cleanup of litter shall be furnished and continuously
implemented by the applicant.
9.
All vehicle service and/or repair activities shall be conducted within
a completely enclosed building. No outdoor storage of parts, equipment,
lubricants, fuels, or other materials used or discarded in any service
or repair operations shall be permitted.
10.
The outdoor storage of unlicensed and uninspected vehicles is prohibited.
11.
The applicant shall submit qualified evidence that the proposed use
will comply with applicable air quality standards.
12.
The demolition or junking of vehicles is prohibited. Demolished vehicles
and/or parts thereof shall be removed within 30 days after arrival.
13.
Any exterior public-address system shall be designed and operated
so that the audible levels of any messages conveyed over the system
will not exceed the ambient noise levels of the use, as measured at
each of the property lines.
14.
The applicant shall furnish evidence that the storage and disposal
of materials and wastes will be accomplished in a manner that complies
with all applicable state and federal regulations.
[Ord. 227, 12/18/2006]
1.
Within the I Zone, methadone treatment facilities are permitted by
conditional use, subject to the following criteria.
2.
The subject property of a methadone treatment facility shall be located
no less than 500 feet from the property containing any existing school,
public playground or park, residential zone, day-care facility, and
church, meeting house or other regular place of worship.
[Ord. 227, 12/18/2006]
1.
Within the RC and I Zones, mining, quarrying and related processing
facilities are permitted by conditional use, subject to the following
criteria.
2.
General. Mining operations:
A.
Shall not substantially injure or detract from the lawful existing
or permitted use of neighboring properties.
B.
Shall not adversely affect any public or private water supply source.
C.
Shall not adversely affect the logical, efficient and economical
extensions of public services, facilities and utilities throughout
the City.
D.
Shall not create any significant damage to the health, safety or
welfare of the City and its residents and property owners.
E.
Shall not result in the land area subject to mining being placed
in a condition which will prevent the use of that land for economically
and ecologically productive uses upon completion of the mining operation.
F.
Must demonstrate compliance with all applicable state regulations
at all times.
3.
Site plan requirements. As a part of each application, the applicant
shall submit those materials required by Section 7(b) of the Noncoal
Surface Mine Conservation and Reclamation Act (Act No. 1984-219),[1] which shall include, at a minimum, an accurately surveyed
site plan on a scale no less than 1:2,400 (one inch equals 200 feet),
showing the location of the subject property or properties to be affected
by the operation. The surveyed site plan shall be certified by a registered
professional engineer or a registered professional land surveyor,
with assistance from experts in related fields, and shall include
the following:
A.
The boundaries of the proposed land affected, together with the drainage
area above and below the subject property.
B.
The location and names of all streams, roads, railroads, and utility
lines on or immediately adjacent to the subject property.
C.
The location of all buildings within 1,000 feet of the outer perimeter
of the subject property and the names and addresses of the owners
and present occupants.
D.
The purpose for which each building is used.
E.
The name of the owner of the subject property and the names of adjacent
landowners, the Municipality, and the County.
[1]
Editor's Note: See 25 Pa. Code, Chapter 209.
4.
Minimum lot area: 50 acres.
5.
Fencing.
A.
Operations that have a highwall, as defined herein, of five feet
or higher shall be required to enclose the actual area of mining with
a minimum eight-foot-high chain-link fence and like latching gates.
Operations with no highwalls, or highwalls of less than 15 feet high,
shall be required to enclose the area of mining with a minimum forty-seven-inch-high
minimum 11-gauge woven-wire fence that has openings no larger than
six inches in any direction and has posts at intervals of no more
than 10 feet. All woven-wire fences shall be equipped with latching
minimum six-bar tube or panel gates at vehicular access points.
B.
All gates shall be latched at times when the site is unattended.
The City will accept departures from the above-described fence/gate
specifications only if the applicant can demonstrate that the proposed
fence/gate will achieve an equal or higher level of protection.
C.
Along all fences, the applicant will be required to post and maintain
"No Trespassing" and/or "Danger" signs at intervals of no less than
one sign per each 100 linear feet of fence/gate. Such signs shall
be no larger than two square feet per sign and shall not be posted
higher than five feet above grade. All fences/gates shall be maintained
in good condition and shall not be allowed to become deteriorated
or unsightly.
D.
There shall be no advertising placed upon the fencing/gate, except
as may be permitted in § 315 of this chapter.
6.
Setback. The following table identifies minimum setbacks imposed
upon specific features of the mining and/or processing uses from adjoining
and/or nearby uses.
|
Mining-Related Feature
|
Any Occupied Building that is Not Part of the
Mining and/or Processing Site
(feet)
|
RC, RS, RU, RF and MI Zones
(feet)
|
Adjoining Road
(feet)
|
Public/ Nonprofit Park
(feet)
|
Cemetery or Stream Bank
(feet)
|
Adjoining Property
(feet)
|
|---|---|---|---|---|---|---|
|
Stockpiles or spoil pipes
|
300
|
1,000
|
100
|
300
|
100
|
100
|
|
Mineral processing equipment (e.g., crushers, sorters,
conveyors, dryers, etc.)
|
300
|
1,000
|
100
|
300
|
100
|
100
|
|
Open mine pit and highwall
|
300
|
1,000
|
100
|
300
|
100
|
100
|
|
On-site access roads and off-street parking, loading
and vehicle storage and weighing facilities
|
300
|
1,000
|
100
|
300
|
100
|
100
|
|
Other operational equipment, structures and/or improvements
|
300
|
1,000
|
100
|
300
|
100
|
100
|
7.
Access. Vehicular access shall be provided in accordance with § 311
of this chapter. All access drives serving the site shall have a paved,
minimum thirty-five-foot-wide, cartway for a distance of at least
100 feet from the intersecting street right-of-way line. In addition,
a fifty-foot-long gravel section of access drive shall be placed just
beyond the preceding one-hundred-foot paved section to help collect
any mud that may have attached to a vehicle's wheels.
8.
Reclamation. The applicant shall demonstrate compliance with Section
7(c) of Pennsylvania Act No. 1984-219, as may be amended.[2] The applicant shall provide a detailed description of
the proposed use of the site, once reclamation has been completed,
including a description of any zoning and/or subdivision approvals
or remedies that would be necessary to accommodate the proposed use.
A planting plan shall also be required for areas of the reclaimed
site that are not to be underwater. Such plan shall demonstrate the
covering of the site with sufficient arable soil that can stabilize
the site with a vegetative ground cover that prevents excessive soil
erosion and will support a mix of indigenous vegetation. Finally,
the applicant shall provide written notification to the City within
30 days whenever a change in the reclamation plan is proposed to the
PA DEP.
[2]
Editor's Note: See 25 Pa. Code, Chapter 209.
9.
Screening and landscaping. All uses shall be screened from adjoining roads and properties. Such screening shall be comprised of an earthen berm at least 10 feet in height. Such berm shall be located on the subject property and placed so as to maximize the berm's ability to absorb and/or block views of, and the noise, dust, smoke, etc., generated by, the proposed use. The berm shall be completely covered and maintained in an approved vegetative ground cover. Along any adjoining property line and road shall be located a ten-foot-wide landscape screen. Such landscape screen shall consist of evergreen shrubs and trees arranged to form both a low-level and a high-level screen. The high-level screen shall consist of deciduous and evergreen trees of not less than five feet in height at the time of planting that shall be planted at intervals of not more than 10 feet. The low-level screen shall consist of evergreen trees and shrubs of not less than three feet in height at the time of planting that shall be planted at intervals of not more than five feet. The landscape screen shall be located outside of the fence required by § 441, Subsection 5, of this chapter and must be permanently maintained.
10.
Operations progress report. Within 90 days after commencement of
mining operations, and during the first 30 days of each calendar year
thereafter, the operator shall file an operations progress report
with the Zoning Officer, setting forth all of the following:
A.
The name or number of the operation.
B.
The location of the operation with reference to the nearest public
road.
C.
A description of the subject property or properties, including a
site plan showing the location of all improvements, stockpile, quarry
pits, etc.
D.
The name and address of the landowner or his duly authorized representative.
E.
An annual report of the type and quantity of mineral produced.
F.
The current status of the reclamation work performed in pursuance
of the approved reclamation plan.
G.
A maintenance report for the site that verifies that all required
fencing, signage, and berming has been specifically inspected for
needed repairs and/or maintenance and that such needed repairs and/or
maintenance have been performed.
H.
Verification that the proposed use continues to comply with all applicable
state and City regulations and any conditions imposed at the time
of approval. The operation shall furnish copies of any approved permits
and/or any notices of violation issued by the PA DEP.
11.
Water restoration. In accordance with Section 11(g) of the Pennsylvania
Noncoal Surface Mine Conservation and Reclamation Act,[3] any mining/processing operation that affects a public
or private water supply due to contamination, interruption, or diminution
shall restore or replace the affected water supply with an alternate
source of water adequate in quantity and quality for the purposes
served by the affected supply.
[3]
Editor's Note: See 25 Pa. Code, Chapter 209.
12.
Maximum permitted height. No piling of spoiled materials and/or waste
materials shall exceed a height of 50 feet above the natural unexcavated
grade. Such pilings must be periodically and sufficiently covered
with earth and the seed of a year-round ground cover in order to achieve
a stable condition. Such use must demonstrate compliance with § 231
of this chapter.
[Ord. 227, 12/18/2006]
1.
Within the HC, LI and I Zones, mini-warehouses are permitted by special
exception, subject to the following criteria.
2.
Off-street parking spaces shall be provided according to the schedule
listed in § 312, Subsection 19, of this chapter.
3.
Parking shall be provided by parking/driving lanes adjacent to the
buildings. These lanes shall be at least 30 feet wide when cubicles
open onto one side of the lane only and at least 30 feet wide when
cubicles open onto both sides of the lane.
4.
Required parking spaces may not be rented as or used for vehicular
storage. However, internal and external storage area may be provided
for the storage of privately owned vehicles, travel trailers and/or
boats, so long as any external storage area is screened from adjoining
land within the RC, RS, RU, RF, and MI Zones and adjoining roads and
is located behind the minimum front yard setback line. This provision
shall not be interpreted to permit the outdoor storage of partially
dismantled, wrecked, inoperative, unlicensed, or uninspected vehicles.
5.
The storage of flammable, highly combustible, explosive, or hazardous
chemicals is prohibited, unless contained within the fuel tanks of
vehicles.
6.
A resident manager may live on the site. A manager, resident or not,
shall be responsible for maintaining the operation of the facility
in conformance with the conditions of approval and all applicable
ordinances. The actual dwelling of the resident manager shall comply
with all of those requirements listed within the RU Zone and shall
be entitled to all residential accessory uses provided in this chapter.
7.
No door openings for any mini-warehouse storage unit shall be constructed
facing any property within the RC, RS, RU, RF, and MI Zones.
8.
These units shall be used solely for dead storage, and no processing,
manufacturing, sales, research and development testing, service and
repair, or other nonstorage activities shall be permitted.
[Ord. 227, 12/18/2006]
1.
Within the RC Zone, retail sales of nursery and garden materials
are permitted by special exception, subject to the following criteria.
2.
All greenhouses and nurseries shall have vehicular access to an arterial
or collector road.
3.
The display and sale of items not grown on the premises shall be
incidental to the nursery operation. The display area for these items
shall not exceed 25% of the total gross display and sales area on
the subject property. The display, sale or repair of motorized nursery
or garden equipment shall not be permitted.
4.
All outdoor display areas shall be set back at least 25 feet from
the street right-of-way line.
5.
All improvements (including parking and loading facilities, but not
including a freestanding sign) shall be screened from adjoining residentially
zoned properties.
6.
One freestanding or attached sign may be permitted advertising the
business. Such sign shall not exceed 12 square feet in size and must
be set back at least 10 feet from all lot lines.
[Ord. 227, 12/18/2006]
1.
Within the RC and RF Zones, nursing, rest or retirement homes are
permitted by special exception, subject to the following criteria.
2.
Minimum lot area: two acres.
3.
The applicant shall furnish evidence that an approved means of sewage
disposal and water supply shall be utilized.
4.
Off-street parking lots and loading areas shall be screened from
adjoining lands within the RC, RS, RU, RF, and MI Zones.
5.
No more than 18 occupants per acre shall be permitted, excluding
the staff of the facility.
[Ord. 227, 12/18/2006]
1.
Within the RU and RF Zones, office and retail conversions are permitted
by special exception, subject to the following criteria.
2.
Only single-family detached dwellings that existed on the effective
date of this chapter and directly adjoin an arterial road may be converted
to include a commercial shop, salon or office. Such commercial uses
shall be limited to that area of the first floor of the building as
it existed on the effective date of this chapter.
3.
The applicant shall furnish evidence that any alterations, improvements
or other modifications proposed to the building will be accomplished
in a manner that complements its residential character.
4.
The applicant shall furnish evidence of an approved means of water
supply and sewage disposal.
5.
The applicant shall obtain any necessary land development approvals.
6.
All commercial off-street parking and/or loading areas shall be screened
from adjoining residences and roads.
7.
One sign shall be permitted which is no larger than 12 square feet
and is affixed to the building.
8.
The applicant shall demonstrate those measures employed to incorporate
shared vehicular access, shared off-street parking and loading, and
shared signage with adjoining properties. If the applicant cannot
incorporate said features, the applicant shall describe what steps
were taken to attempt such design and the specific reasons why the
design is impossible and/or impractical. The applicant shall also
suggest what measures could be taken by the City to facilitate such
a design.
[Ord. 227, 12/18/2006]
1.
Within the HC Zone, off-track betting parlors are permitted by conditional
use, subject to the following criteria.
2.
An off-track betting parlor shall not be permitted to be located
within 1,000 feet of any other off-track betting parlor.
3.
No off-track betting parlor shall be located within 600 feet of any
land within the RC, RS, RU, RF, or MI Zone.
4.
No off-track betting parlor shall be located within 600 feet of any
parcel of land which contains any one or more of the following specified
land uses:
5.
The distance between any two off-track betting parlors shall be measured
in a straight line, without regard to intervening structures, from
the closest point on the exterior parcel line of each establishment.
The distance between any off-track betting parlor and any land use
specified above shall be measured in a straight line, without regard
to intervening structures, from the closest point on the exterior
property line of the off-track betting parlor to the closest point
on the property line of said land use.
6.
No more than one off-track betting parlor may be located within one
building or shopping center.
7.
The applicant shall furnish expert evidence that the proposed use
will not be detrimental to the use of adjoining properties due to
hours of operation, light and/or litter.
8.
The applicant shall furnish expert evidence as to how the use will
be controlled so as to not constitute a nuisance due to noise or loitering
outside the building.
9.
A working plan for the cleanup and recycling of litter shall be furnished
and implemented by the applicant.
10.
Off-street parking shall be provided at the rate of one space per
each 65 square feet of gross floor area, including related dining,
restaurant and snack bar areas.
11.
All off-track betting parlors shall comply with the Pennsylvania
Horse and/or Harness Racing Commission's Rules and Regulations pertaining
to Nonprimary Locations, as defined therein.
[Ord. 227, 12/18/2006]
1.
Within the CB Zone, outdoor cafes shall be permitted by special exception,
subject to the following criteria.
2.
Outdoor cafes shall only be provided as accessory uses to a principal
restaurant or tavern.
3.
Outdoor cafes located within a front yard shall be enclosed by a
three-foot-high fence or wall with a lockable gate.
4.
Outdoor cafes located within a side and/or rear yard shall be screened
from adjoining properties.
5.
During use, each outdoor cafe must be continuously supervised by
an employee or owner of the restaurant.
6.
Any lighting or music systems serving the outdoor cafe shall be located
and designed so as not to constitute a nuisance to adjoining properties.
7.
The applicant shall furnish and implement a working plan for the
continuous cleanup of litter or other debris.
8.
All outdoor seating shall be removed from the outdoor cafe during
seasonal periods when not in use.
[Ord. 227, 12/18/2006]
1.
Within the RC and I Zones, principal waste-handling, recycling, processing
and disposal facilities are permitted by conditional use, subject
to the following criteria.
2.
All principal waste-handling, recycling, processing and disposal
facilities for "municipal and residual wastes," as defined by the
PA DEP, shall be operated by the Solid Waste Authority of Elk County.
3.
Any processing and/or treatment of waste (including but not limited
to incineration, composting, steaming, shredding, compaction, material
separation, refuse-derived fuel, pyrolysis, etc.) shall be conducted
within a wholly enclosed building.
4.
No waste shall be deposited, stored or disposed of, and no building
or structure shall be located, within 200 feet of any property line
and 500 feet of any adjoining land within the RC, RS, RU, RF, or MI
Zone.
5.
Any external area used for the unloading, transfer, storage, or deposition
of waste must be completely screened from view at the property line.
(The use of an earthen berm is encouraged where practicable.) In addition,
such areas must also be completely enclosed by an eight-foot-high
fence with no openings greater than two inches in any direction.
6.
The applicant must demonstrate compliance (through a written statement)
and continue to comply with all applicable state and federal standards
and regulations.
7.
The use shall be screened from all adjoining land within the RC,
RS, RU, RF, and MI Zones.
8.
All uses shall provide sufficiently long stacking lanes into the
facility so that vehicles waiting to be weighed and/or unloaded will
not back up onto public roads.
9.
All access drives onto the site shall be paved for a distance of
at least 200 feet from the street right-of-way line. In addition,
if portions of on-site access drives are unpaved, then a fifty-foot-long
gravel section of driveway shall be placed just beyond the preceding
two-hundred-foot paved section to help collect any mud that may have
attached to a vehicle's wheels.
10.
Access to the site shall be limited to those posted times when an
attendant is on duty. In order to protect against indiscriminate and
unauthorized dumping, all areas of the site shall be protected by
locked barricades, fences, gates or other positive means designed
to deny access to the area at unauthorized times or locations.
11.
Litter control shall be exercised to prevent the scattering of wind-borne
debris, and a working plan for the cleanup of litter shall be submitted
to the City.
12.
The unloading, processing, treatment, transfer, and disposal of waste
shall be continuously supervised by a qualified facility operator.
13.
Any waste that is to be recycled shall be stored in leak- and vector-proof
containers. Such containers shall be designed to prevent their being
carried by wind or water. These containers shall be stored within
a completely enclosed building.
14.
All storage of waste shall be indoors in a manner that is leak- and
vector-proof. During normal operation, no more waste shall be stored
on the property than is needed to keep the facility in constant operation;
but in no event for more than 72 hours.
15.
A contingency plan for the disposal of waste during a facility shutdown
shall be submitted to the City.
16.
Leachate from the waste shall be disposed of in a manner in compliance
with any applicable state and federal laws or regulations. If leachate
is to be discharged to a municipal sewage facility, pretreatment shall
be required, and appropriate permits shall be obtained from the applicable
agencies and authorities. In no event shall leachate be disposed of
in a storm sewer, to the ground, or in any other manner inconsistent
with the Department of Environmental Protection's regulations.
17.
All structures shall be set back at least a distance equal to their
height.
18.
Water.
A.
The applicant shall submit an analysis of raw water needs (groundwater
or surface water), from either private or public sources, indicating
quantity of water required. If the source is from a municipal system,
the applicant shall submit documentation that the public authority
will supply the water needed.
B.
In addition, if the facility is to rely upon nonpublic sources of
water, a water feasibility study will be provided to enable the municipality
to evaluate the impact of the proposed development on the groundwater
supply and on existing wells. The purpose of the study will be to
determine if there is an adequate supply of water for the proposed
development and to estimate the impact of the new development on existing
wells in the vicinity. The water feasibility shall be reviewed by
the City Engineer.
C.
A water system which does not provide an adequate supply of water
for the proposed development, considering both quantity and quality,
or does not provide for adequate groundwater recharge, considering
the water withdrawn by the proposed development, shall not be approved
by the City.
D.
A water feasibility study shall include the following information:
(1)
Calculations of the projected water needs.
(2)
A geologic map of the area, with a radius of at least one mile
from the site.
(3)
The location of all existing and proposed wells within 1,000
feet of the site, with a notation of the capacity of all high-yield
wells.
(4)
The location of all existing on-lot sewage disposal systems
within 1,000 feet of the site.
(5)
The location of all streams within 1,000 feet of the site and
all known point sources of pollution.
(6)
Based on the geologic formation(s) underlying the site, the
long-term safe yield shall be determined.
(7)
A determination of the effects of the proposed water supply
system on the quantity and quality of water in nearby wells, streams,
and the groundwater table.
(8)
A statement of the qualifications and the signature(s) of the
person(s) preparing the study.
19.
The applicant shall provide a qualified traffic analysis, as described
in § 320 of this chapter.
20.
Within the RC Zone, a minimum one-hundred-foot-wide landscape strip
shall be located along all property lines. No structures, storage,
parking, or any other related activity or operation shall be permitted
within this landscape strip.
21.
The applicant shall furnish expert testimony regarding emergency
preparedness measures provided and/or otherwise available to respond
to potential hazards regarding the spill of waste materials during
transport to and from the site and potential hazards regarding fire-fighting
of waste materials upon the site.
22.
No principal waste-disposal facility shall be located within one
mile of another, as measured in a straight line between the closest
property lines.
[Ord. 227, 12/18/2006]
1.
Within the LI and I Zones, recycling of paper, plastic, glass, and
metal products is permitted by special exception, subject to the following
criteria.
2.
All operations, including collection, shall be conducted within a
completely enclosed building.
3.
There shall be no outdoor storage of materials processed, used or
generated by the operation.
4.
The applicant shall explain the scope of operation and offer expert
testimony regarding the measures used to mitigate problems associated
with noise, fumes, dust, and litter.
5.
The applicant will be required to assure regular maintenance of the
site to immediately collect stray debris.
[Ord. 227, 12/18/2006]
1.
Within the RC and I Zones, sawmills are permitted by conditional
use, subject to the following requirements.
2.
No material shall be deposited or stored, and no building or structure
shall be located, within 200 feet of any property line and 500 feet
of any land within an RC, RS, RU, RF, or MI Zone.
3.
All uses shall provide sufficiently long stacking lanes into the
facility so that vehicles waiting will not back up onto public roads.
4.
Within the RC Zone, all access drives shall connect with an arterial
or collector road and shall be paved for a distance of at least 100
feet from the street right-of-way line. In addition, if portions of
on-site access drives are unpaved, then a one-hundred-fifty-foot-long
gravel section of driveway shall be placed just beyond the preceding
two-hundred-foot paved section, to help collect any mud that may have
attached to a vehicle's wheels. The owner and/or operator shall be
responsible for removing any mud from public roads caused by persons
traveling to and from the site.
5.
Litter control shall be exercised to prevent the scattering of wind-borne
debris, and a working plan for the cleanup of litter shall be submitted.
[Ord. 227, 12/18/2006]
1.
Within the RC Zone, septage and spent mushroom compost processing
and/or commercial mushroom operations are permitted by conditional
use, subject to the following criteria.
2.
Any processing, loading, storage, and packaging operations must be
conducted within a completely enclosed building that is leak- and
vector-proof.
3.
The applicant must demonstrate compliance (through a written statement)
and continue to comply with all applicable state and federal standards
and regulations.
4.
All uses shall provide sufficiently long stacking lanes into the
facility so that vehicles waiting to be weighed or loaded/unloaded
will not back up onto public roads.
5.
All driveways onto the site must be paved for a distance of at least
100 feet from the street right-of-way line. In addition, a one-hundred-fifty-foot-long
gravel section of driveway shall be placed just beyond the preceding
one-hundred-foot paved section to help collect any mud that may have
attached to a vehicle's wheels.
6.
The unloading, processing and transfer of septage and spent mushroom
compost shall be continuously supervised by a qualified facility operator,
and such area shall be screened from all roads and adjoining properties.
7.
Any leachate shall be disposed of in a manner in compliance with
any applicable state and federal laws or regulations. If leachate
is to be discharged to a municipal sewage facility, appropriate permits
shall be obtained from the applicable agencies and authorities. In
no event shall leachate be disposed of in a storm sewer, to the ground,
or in any other manner inconsistent with the PA DEP regulations.
8.
Water.
A.
The applicant shall submit an analysis of raw water needs (groundwater
or surface water), from either private or public sources, indicating
the quantity of water required. If the source is from a municipal
system, the applicant shall submit documentation that the public authority
will supply the water needed.
B.
In addition, a water feasibility study will be provided to enable
the City to evaluate the impact of the proposed development on the
groundwater supply and on existing wells. The purpose of the study
will be to determine if there is an adequate supply of water for the
proposed development and to estimate the impact of the new development
on existing wells in the vicinity. The water feasibility study shall
be reviewed by the City and Authority engineers.
C.
A water system which does not provide an adequate supply of water
for the proposed development, considering both quantity and quality,
or does not provide for adequate groundwater recharge, considering
the water withdrawn by the proposed development, shall not be approved
by the Zoning Hearing Board.
D.
A water feasibility study shall include the following information:
(1)
Calculations of the projected water needs.
(2)
A geologic map of the area, with a radius of at least one mile
from the site.
(3)
The location of all existing and proposed wells within 1,000
feet of the site, with a notation of the capacity of all high-yield
wells.
(4)
The location of all existing on-lot sewage disposal systems
within 1,000 feet of the site.
(5)
The location of all streams within 1,000 feet of the site and
all known point sources of pollution.
(6)
A determination of the long-term safe yield based on the geologic
formation(s) underlying the site.
(7)
A determination of the effects of the proposed water supply
system on the quantity and quality of water in nearby wells, streams,
and the groundwater table.
(8)
A statement of the qualifications and the signature(s) of the
person(s) preparing the study.
9.
A minimum one-hundred-foot-wide buffer strip shall be located along
all property lines. No structures, storage, parking, or any other
related activity or operation shall be permitted within this buffer
strip. Any fences or other screening erected on the site must not
be located within this buffer strip.
10.
The applicant shall provide an analysis of the physical conditions
of the primary road system serving the proposed use. The analysis
shall include information on the current traffic flows on this road
system and projections of traffic generated by the proposed use. Improvements
to the road shall be provided by the applicant to ensure safe turning
movements to and from the site and safe through-movement on the existing
road.
11.
Any structure used for the storage, loading, processing and/or packaging
of spent mushroom compost shall be set back at least 300 feet from
all property lines and 500 feet from any properties within the RC,
RS, RU, RF, or MI Zone. In addition, any ventilation outlets must
be oriented away from any land within said zones.
[Ord. 227, 12/18/2006]
1.
Within the RC Zone, shooting ranges are permitted by conditional
use, subject to the following criteria.
2.
Shooting range operations:
A.
May not substantially injure or detract from the lawful existing
or permitted use of neighboring properties.
B.
May not substantially damage the health, safety or welfare of the
City or its residents and property owners.
C.
Must comply with all applicable state and local laws, rules and regulations
regarding the discharge of a firearm.
D.
The storage of ammunition shall only occur in an approved secure
vault.
E.
Shall limit the number of shooters to the number of firing points
or stations identified on the development plan.
F.
Shall require all shooters to satisfactorily complete an orientation
safety program given in accordance with the Pennsylvania Game Commission
or show a valid hunting permit or gun permit before they are allowed
to discharge firearms without supervision.
G.
Shall prohibit the consumption of alcoholic beverages within the
area approved as the shooting range.
H.
Shall limit firing to the hours between one hour after official sunrise
and one hour preceding official sunset, unless sufficient lighting
is used, in which case all shooting shall cease by 11:00 p.m.
3.
A development plan shall identify the safety fan for each firing
range. The safety fan shall include the area necessary to contain
all projectiles, including direct fire and ricochet. The safety fan
configuration shall be based upon qualified expert testimony regarding
the trajectory of the bullet and the design effectiveness of berms,
overhead baffles, or other safety barriers to contain projectiles
to the safety fan.
4.
The firing range, including the entire safety fan, shall be enclosed
with a six-foot-high, non-climbable fence to prevent unauthorized
entry into the area. Range caution signs with eight-inch-tall red
letters on a white background shall be posted at a maximum of one-hundred-foot
intervals around the range perimeter. Signs shall read "SHOOTING RANGE
AREA, KEEP OUT!"
5.
Range flags shall be displayed during all shooting activities. Range
flags shall be located in a manner visible from entrance drives, target
areas, range floor, and the perimeter of the safety fan.
6.
All surfaces located within the safety fan, including the backstop,
overhead baffles, berms, and range floor, shall be free of hardened
surfaces, such as rocks or other ricochet-producing materials.
7.
All shooting range facilities, including buildings, parking, firing
range, and safety fan, shall be set back a minimum of 100 feet from
the property line and street right-of-way.
8.
The applicant shall present credible evidence that the sounds of
shooting in the nearest residential zone do not exceed the ambient
noise level.
9.
Off-street parking facilities shall be provided with a ratio of 1 1/2
spaces per firing station, but not less than one space for each four
seats.
10.
No part of a shooting range property shall be located within one-quarter
mile of any land within an RC, RS, RU, RF, or MI Zone.
[Ord. 227, 12/18/2006]
1.
Within the HC Zone, shopping centers are permitted by conditional
use, subject to the following.
2.
The subject property shall front on an arterial or collector road,
and all access drives shall be set back at least 200 feet from the
intersection of any street right-of-way lines.
3.
Both public sewer and public water utilities shall be required.
4.
The following tabulates required off-street parking and loading and
interior landscaping standards for shopping centers:
|
Use
|
Minimum Required Off-Street Parking Spaces Per 1,000 Square
Feet of Gross Leasable Floor Area
|
Minimum Required Interior Landscaping as Described in
§ 312, Subsection 15B, of this Chapter
|
Minimum Required Off-Street Loading Spaces
| |
|---|---|---|---|---|
|
Shopping center, as defined herein, with up to 50,000 square
feet of gross floor area
|
5
|
5%
|
1 per 25,000 square feet, or fraction thereof, of gross leasable
floor area
| |
|
Shopping center, as defined herein, with between 50,000 and
100,000 square feet of gross floor area
|
5
|
8%
|
3
| |
|
Shopping center, as defined herein, with over 100,000 square
feet of gross floor area
|
5
|
10%
|
4, plus 1 per 50,000 square feet, or fraction thereof, of gross
leasable floor area over 100,000 square feet
|
5.
In addition to vehicular access to the property, the applicant shall
be required to design and construct pedestrian linkages with adjoining
properties, even if they are not yet developed. Such pedestrian linkages
shall be located so as to provide safe and convenient access to the
shopping center from the nearby areas.
6.
Any shopping center must provide an improved bus stop which would
be conveniently accessible for patrons who would travel to and from
the site by bus. Such bus stop must be provided even if current bus
service is unavailable along the subject property. Such bus stop shall
include a shelter, seating, a waste receptacle, and at least one shade
tree.
7.
A traffic impact report shall be submitted by the applicant, in accordance
with § 320 of this chapter.
8.
Signage shall be permitted in accordance with those regulations of
§ 315 pertaining to planned centers.
9.
The proposed shopping center design shall comply with the applicable
regulations contained within the following table.[1]
[1]
Editor's Note: The Shopping Center Design Requirements Table is included at the end of this chapter.
[Ord. 227, 12/18/2006]
1.
Within the I Zone, slaughtering, processing, rendering, and packaging
of food products and their by-products are permitted as a conditional
use, subject to the following criteria.
[Amended by Ord. 279, 1/21/2013]
2.
Minimum lot area: five acres.
3.
The subject site shall have access to a collector or arterial road.
4.
Public sewer and public water facilities shall be utilized.
5.
All aspects of the slaughtering, processing, rendering, and packaging
operation, excepting the unloading and holding of live animals, shall
be conducted within a completely enclosed building.
6.
All live animals held outside shall be within secure holding pens
or runways, sufficiently large to accommodate all animals without
crowding, and not located within the front yard.
7.
The applicant shall furnish a working plan for animal containment
and for the recovery of escaped animals which minimizes the potential
for animals to enter traffic or cross property lines and which shall
be continuously implemented.
8.
All animal wastes shall be regularly cleaned up and properly disposed
of so as not to be objectionable at the site's property line.
9.
The unloading of live animals from trucks into holding pens and their
movement into the plant shall be continuously supervised by a qualified
operator, whose responsibility it shall also be to immediately identify
and appropriately dispatch any obviously ill or injured animals.
10.
The unloading of live animals and their movement into the plant shall
be conducted in an orderly and calm manner so as to minimize noise
levels.
11.
The loading and unloading of trucks shall be restricted to the hours
between 6:00 a.m. and 10:00 p.m.
12.
No exterior animal holding pens and/or areas devoted to loading/unloading
of animals shall be located within 200 feet of any property line nor
500 feet of any land within an RC, RS, RU, RF, or MI Zone.
13.
All animal holding pens and/or areas used for the loading/unloading
of animals shall be screened from all adjoining properties and shall
include a minimum fifty-foot-wide landscape strip.
14.
Sewer and water lines shall not meet within or beneath the plant
and shall further be designed and installed to minimize the potential
for leakage and contamination by maximizing the separation distance
between lines and laying sewer lines at greater depth than water lines.
15.
Where wastewater pretreatment is required by the EPA or local authority,
wastewater shall be kept completely covered at all times to reduce
the potential for release of odors. In no event shall wastewater be
disposed of in a storm sewer, to the ground, or in any other manner
inconsistent with PA DEP regulations.
16.
Public water supplies shall be tested for water potability prior
to approval, and annually thereafter, the results of which shall be
regularly submitted to the USDA.
17.
All unusable animal by-products shall be stored indoors in leak-
and vector-proof containers. In the case of slaughtering or processing
operations which do not do their own rendering, the applicant shall
provide evidence of a written contract with a rendering operation
for the daily disposal of such waste products. In no case shall any
waste products remain on the site for more than 24 hours.
18.
The applicant must demonstrate written compliance with, and continue
to comply with, all applicable local, state and federal standards
and regulations.
19.
The use shall provide sufficiently long stacking lanes and on-site
loading/unloading areas, so that trucks waiting to be loaded/unloaded
will not back up onto public roads. No parking or loading/unloading
shall be permitted on or along any public road.
20.
Vehicular access shall be so arranged as to minimize danger and congestion
along adjoining roads and to avoid the creation of nuisances to nearby
properties. Access drives used by trucks shall only intersect with
major collector or arterial roads.
21.
All access drives onto the site shall have a paved minimum thirty-five-foot-wide
cartway for a distance of at least 100 feet from the street right-of-way.
In addition, if portions of on-site access drives are unpaved, then
a one-hundred-fifty-foot-long gravel section of driveway shall be
placed just beyond the preceding two-hundred-foot paved section to
help collect any mud that may have attached to a vehicle's wheels.
22.
The applicant shall furnish a traffic impact report prepared by a
professional traffic engineer in accordance with § 320 of
this chapter.
[Ord. 227, 12/18/2006]
1.
Within the LI and I Zones, truck or motor freight terminals are permitted
by conditional use, subject to the following criteria.
2.
The applicant shall furnish a traffic impact report, prepared by
a professional traffic engineer, in accordance with § 320
of this chapter.
3.
The subject property shall have a minimum of 300 feet of road frontage
along an arterial and/or collector road.
4.
The subject property shall be located no closer than 500 feet from
any RC, RS, RU, RF, or MI Zone and/or property containing a school,
day-care facility, park, playground, library, hospital, nursing, rest
or retirement home, or medical residential campus.
5.
All structures (including but not limited to air compressors, fuel
pump islands, and kiosks) shall be set back at least 50 feet from
any street right-of-way line. Unless the fuel pump islands are set
back 200 feet from the street line, they shall be designed so that,
when fueling, trucks must be parallel to the street.
6.
Access driveways shall be a minimum of 28 feet and a maximum of 35
feet wide. All access drives onto the same road shall be set back
at least 150 feet from one another, as measured from the closest points
of cartway edges.
7.
Off-street parking shall be provided at a rate equal to that required
for each of the respective uses comprising the truck stop. Any gates
or other barriers used at the entrance to parking areas shall be set
back and arranged to prevent vehicle backups onto adjoining roads
during peak arrival periods.
8.
All vehicle service and/or repair activities shall be conducted within
a completely enclosed building. Outdoor storage of parts, equipment,
lubricants, fuels, or other materials used or discarded in any service
or repair operations must be screened from adjoining roads and properties.
9.
The outdoor storage of unlicensed and/or uninspected vehicles is
prohibited.
10.
The demolition or junking of vehicles and machinery is prohibited.
Demolished vehicles and/or parts thereof shall be removed within 30
days after arrival.
11.
Any exterior public-address system shall be designed and operated
so that the audible levels of any messages conveyed over the system
will not exceed the ambient noise levels of the use, as measured at
each of the property lines.
12.
The applicant shall furnish evidence that the storage and disposal
of materials and wastes will be accomplished in a manner that complies
with all applicable state and federal regulations.
[1]
Editor's Note: Former § 456, Two-Family Conversions,
was repealed by Ord. No. 314, 11/18/2019.
[Ord. 227, 12/18/2006]
1.
Within the LI and I Zones, warehousing and wholesale trade establishments
are permitted by special exception, subject to the following criteria.
2.
The applicant shall provide a detailed description of the proposed
use in each of the following topics:
A.
The nature of the on-site activities and operations, the types of
materials stored, the frequency of distribution and restocking, the
duration period of storage of materials, and the methods for disposal
of any surplus or damaged materials. In addition, the applicant shall
furnish evidence that the disposal of materials will be accomplished
in a manner that complies with state and federal regulations.
B.
The general scale of the operation, in terms of its market area,
specific floor space requirements for each activity, the total number
of employees on each shift, and an overall needed site size.
C.
Any environmental impacts that are likely to be generated (e.g.,
odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance,
wastewater, stormwater, solid waste, etc.) and specific measures employed
to mitigate or eliminate any negative impacts. The applicant shall
further furnish evidence that the impacts generated by the proposed
use fall within acceptable levels, as regulated by applicable laws
and ordinances, including but not limited to those listed in § 318
of this chapter.
D.
A traffic impact report prepared in accordance with § 320
of this chapter.
3.
The subject property shall be located no closer than 500 feet from
any RC, RS, RU, RF, or MI Zone and/or property containing a school,
day-care facility, park, playground, library, hospital, nursing, rest
or retirement home, or medical residential campus.
4.
All structures (including but not limited to air compressors, fuel
pump islands, and kiosks) shall be set back at least 50 feet from
any street right-of-way.
5.
Access driveways shall be a minimum of 28 feet and a maximum of 35
feet wide. All access drives onto the same road shall be set back
at least 150 feet from one another, as measured from the closest points
of cartway edges.
6.
Any gates or other barriers used at the entrance to parking areas
shall be set back and arranged to prevent vehicle backups onto adjoining
roads during peak arrival periods.
7.
All vehicle service and/or repair activities shall be conducted within
a completely enclosed building. No outdoor storage of parts, equipment,
lubricants, fuels, or other materials used or discarded in any service
or repair operations shall be permitted.
8.
The outdoor storage of unlicensed and/or uninspected vehicles is
prohibited.
9.
The demolition or junking of vehicles and machinery is prohibited.
Demolished vehicles and/or parts thereof shall be removed within 30
days after arrival.
10.
The applicant shall designate and reserve sufficient space on the
site to accommodate staged or queued vehicles awaiting loading/unloading
at a rate of no less than 5% of the projected maximum number of trips
per day.
[Ord. 227, 12/18/2006]
1.
Within the RC Zone, wind farms (as defined herein) are permitted
by special exception, subject to the following criteria.
2.
The applicant shall prepare and submit a narrative and mapping describing
the proposed wind farm, including:
A.
An overview of the project.
B.
The project location.
C.
The approximate generating capacity of the wind farm.
D.
The approximate number, representative types and height or range
of heights of wind turbines to be constructed, including their generating
capacity, dimensions and respective manufacturers.
E.
A description of accessory facilities.
F.
An affidavit or similar evidence of agreement between the property
owner(s) and the applicant demonstrating that the applicant has the
permission of the property owner(s) to apply for necessary permits
for construction and operation of the wind farm.
G.
A listing and map of the properties on which the proposed wind farm
will be located and the properties adjacent to where the wind farm
will be located.
H.
A site plan showing the planned location of each wind turbine, property
lines, setback lines, access road and turnout locations, substation(s),
electrical cabling from the wind farm to the substation(s), ancillary
equipment, buildings, and structures, including permanent meteorological
towers, associated transmission lines, and layout of all structures
within the geographical boundaries of any applicable setback.
3.
The applicant shall demonstrate with credible expert evidence that:
A.
To the extent applicable, the wind farm shall comply with the Pennsylvania
Uniform Construction Code, 34 Pa. Code §§ 403.1 —
403.142.
B.
The design of the wind farm shall conform to applicable industry
standards, including those of the American National Standards Institute.
The applicant shall submit certificates of design compliance obtained
by the equipment manufacturers from Underwriters Laboratories, Det
Norske Veritas, Germanischer Lloyd Wind Energies, or other similar
certifying organizations.
C.
Each of the proposed wind turbines shall be equipped with a redundant
braking system. This includes both aerodynamic overspeed controls
(including variable pitch, tip, and other similar systems) and mechanical
brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall
regulation shall not be considered a sufficient braking system for
overspeed protection.
D.
All electrical components of the wind farm shall conform to relevant
and applicable local, state and national codes and relevant and applicable
international standards.
E.
Wind turbines shall be a non-obtrusive color such as white, off-white,
gray or some color similar to the background of the proposed wind
turbine.
F.
Wind turbines shall not be artificially lighted, except to the extent
required by the Federal Aviation Administration or other applicable
authority that regulates air safety.
G.
Wind turbines shall not display advertising, other than an incidental
insignia of the turbine manufacturer.
H.
On-site transmission and power lines between wind turbines shall,
to the maximum extent practicable, be placed underground.
I.
A clearly visible warning sign concerning voltage must be placed
at the base of all at-grade transformers and substations.
J.
Visible, reflective, colored objects, such as flags, reflectors,
or tape, shall be placed on the anchor points of each guy wire and
along each guy wire up to a height of 10 feet from the ground. The
applicant shall also submit a working plan for the regular inspection
of such guy wires and replacement of any needed flags, reflectors,
or tape.
K.
Wind turbines shall be designed and constructed to be non-climbable
up to 15 feet above the ground surface.
L.
All access doors to wind turbines and electrical equipment shall
be locked or fenced, as appropriate, to prevent entry by non-authorized
persons.
M.
Wind turbines shall be set back from the nearest principal building
of a property owner who has agreed to locate the proposed wind farm
upon his/her property a distance of not less than 50 feet or 1.1 times
the wind turbine height, whichever is greater. The setback distance
shall be measured from the closest point of the wind turbine base
to the nearest point of the principal building.
N.
Wind turbines shall be set back from the adjoining property line
of a property owner who has not agreed to locate the proposed wind
farm upon his/her property a distance of not less than 50 feet or
1.1 times the wind turbine height, whichever is greater. The setback
distance shall be measured from the closest point of the wind turbine
base to the nearest point of the adjoining property line.
O.
Wind turbines shall be set back from the right-of-way of any street
a distance of not less than 50 feet or 1.1 times the wind turbine
height, whichever is greater. The setback distance shall be measured
from the closest point of the wind turbine base to the nearest point
of the street right-of-way.
4.
The applicant shall be responsible for the prompt repair and maintenance
of all roads used to transport equipment and parts for construction,
operation or maintenance of the wind farm. The applicant shall prepare
an engineering report that documents road conditions prior to construction
and again within 30 days after construction is complete or as weather
permits. Such reports shall be reviewed by the City Engineer; any
discrepancies shall be mediated by a third engineer selected by mutual
acceptance by the applicant's and the City's engineers. The applicant
shall demonstrate that it has appropriate financial assurance to ensure
the prompt repair of damaged roads, and the City may bond the road
in compliance with state regulations.
5.
The applicant shall provide a copy of the project summary and site
plan, as required in this § 458, to the City Emergency Management
Coordinator. The applicant shall prepare and coordinate the implementation
of an emergency response plan for the wind farm acceptable to the
City Emergency Management Coordinator prior to the issuance of a zoning
permit for the proposed use.
6.
Audible sound from a wind farm shall not exceed 55 dBA, as measured
at the following minimum distances. Methods for measuring and reporting
acoustic emissions from the wind farm shall be equal to or exceed
the minimum standards for precision described in AWEA Standard 2.1
— 1989, titled "Procedures for the Measurement and Reporting
of Acoustic Emissions from Wind Turbine Generation Systems, Volume
I: First Tier."
A.
A distance of not less than 50 feet or 1.1 times the wind turbine
height, whichever is greater, from the nearest principal building
of a property owner who has agreed to locate the proposed wind farm
upon his/her property.
B.
A distance of not less than 50 feet or 1.1 times the wind turbine
height, whichever is greater, from the adjoining property line of
property owner who has not agreed to locate the proposed wind farm
upon his/her property.
C.
A distance of not less than 50 feet or 1.1 times the wind turbine
height, whichever is greater, from the right-of-way of any street.
7.
The applicant shall make reasonable efforts to minimize shadow flicker
and to avoid any disruption or loss of radio, telephone, television
or similar signals. The applicant shall mitigate any such harm caused
by the wind farm on any adjoining property whose owner has not agreed
to locate the proposed wind farm upon his/her property.
8.
The applicant shall maintain a current general liability policy covering
bodily injury and property damage, with limits of at least $1 million
per occurrence and $1 million in the aggregate. Certificates of insurance
coverage shall be made available to the City each year that the wind
farm operates.
9.
The applicant shall be responsible for the decommissioning of the
wind farm in accordance with the following requirements:
A.
The applicant shall, at his/her expense, complete decommissioning
of the wind farm, or individual wind turbines, within 12 months after
the end of the useful life of the wind farm or individual wind turbines.
The wind farm or individual wind turbines will presume to be at the
end of their useful life if no electricity is generated for a continuous
period of 12 months.
B.
Decommissioning shall include removal of wind turbines, buildings,
cabling, electrical components, roads, foundations to a depth of 36
inches, and any other associated facilities.
C.
Disturbed earth shall be graded and reseeded, unless the landowner
requests, in writing, that the access roads or other land surface
areas not be restored.
D.
An independent and certified professional engineer shall be retained
to estimate the total cost of decommissioning ("decommissioning costs"),
without regard to salvage value of the equipment, and the cost of
decommissioning net salvage value of the equipment ("net decommissioning
costs"). Said estimates shall be submitted to the City after the first
year of operation and every fifth year thereafter.
E.
The applicant shall post and maintain decommissioning funds in an
amount equal to the net decommissioning costs, provided that at no
point shall decommissioning funds be less than 25% of decommissioning
costs. The decommissioning funds shall be posted and maintained with
a bonding company or federal- or commonwealth-chartered lending institution
chosen by the facility owner or operator and participating landowner
posting the financial security, provided that the bonding company
or lending institution is authorized to conduct such business within
the commonwealth and is approved by the City.
F.
Decommissioning funds may be in the form of a performance bond, surety
bond, letter of credit, corporate guaranty or other form of financial
assurance as may be acceptable to the City.
G.
If the applicant fails to complete decommissioning within the period prescribed by § 458, Subsection 9A, of this chapter, then the landowner shall have six months to complete decommissioning.
H.
If neither the applicant nor the landowner complete decommissioning within the periods prescribed by §§ 458, Subsection 9A and G, of this chapter, then the City may take such measures as necessary to complete decommissioning. The entry into and submission of evidence of a participating landowner agreement to the City in accordance with § 458, Subsection 2F, of this chapter shall constitute agreement and consent of the parties to the agreement, their respective heirs, successors and assigns that the City may take such action as necessary to implement the decommissioning plan.
I.
The escrow agent shall release the decommissioning funds when the
applicant has demonstrated and the municipality concurs that decommissioning
has been satisfactorily completed or upon written approval of the
municipality in order to implement the decommissioning plan.
[1]
Editor's Note: Former § 459, Oil and Gas Operations,
added 11/7/2011 by Ord. 269, as amended, was repealed 2/15/2016 by
Ord. 296. See now § 459.1.
[Added by Ord. 296, 2/15/2016]
Where well pads for unconventional wells, disposal wells or
natural gas compression stations are authorized under this chapter
as a special exception use, the proposed use must meet all of the
applicable requirements set forth in this section.
1.
Location and site requirements:
A.
The well pad, compression station or disposal well shall not be located
within any area having a population density at the time of application
in excess of 1,086.07 persons per square mile as delineated on the
population density map for the City of St. Marys issued by the United
States Census Bureau, as from time to time amended;
B.
No unconventional well bore shall be located closer than 1,250 feet
to any occupied structure;
C.
No compressor or generator used in the drilling or hydraulic fracturing
operations of an unconventional well shall be located closer than
1,000 feet to any occupied structure;
D.
The outer perimeter of the well pad or natural gas compressor station
site shall not be closer than 1,000 feet to any occupied structure;
E.
The outer edge of any used water impoundment shall not be located
closer than 1,000 feet to any existing source of potable water serving
an occupied structure;
F.
The foregoing setback requirements may be reduced if the applicant
can demonstrate that the topography surrounding the well pad is such
that it provides a natural barrier to noise, dust and other adverse
impacts to neighboring property;
G.
The noise level from the well pad site or compression station shall
not exceed an average sound level of 65 dbA, or the applicable standard
imposed by federal law, whichever is less, measured at the boundary
of neighboring properties over the relevant time period established
under OSHA regulations for industrial activities in effect at the
date of application.
H.
Setbacks may be reduced by the Zoning Hearing Board upon written
consent of all neighboring properties directly impacted by the setback
reduction. The Zoning Hearing Board may require the installation of
man-made sound barriers in such cases, unless specifically waived
by the neighboring property owner.
I.
Permanent structures on the well pad shall comply with any height
restrictions in the Pennsylvania Oil and Gas Act, as from time to
time amended,[1] and shall not violate the Airport Safety Zone regulations
listed in § 231 of this chapter, unless written approval
is received from the City of Saint Marys Airport Authority and the
Federal Aviation Administration.
[1]
Editor's Note: See 58 P.S. § 601.101 et seq.
2.
As part of each application, the applicant shall submit a copy of
the plat and any water management plan filed with its well permit
application under Section 3211 of the Pennsylvania Oil and Gas Act,
58 Pa.C.S.A. § 3211, as from time to time amended. Unless
the plat and water management plan contain the following information,
the application shall also include:
A.
An overall site plan of the project.
B.
A detailed site plan of the project showing well pad location, access
roads, property lines, setback lines, and names and deed references
of adjoining surface land owners.
C.
A description of accessory facilities serving the project.
D.
Gantt charts for proposed development schedules and site decommissioning
projections.
E.
The site address of the development as determined by the Elk County
911 Emergency Communications System.
F.
The name, address and telephone number of the applicant's site manager
(which information shall be regularly updated by the applicant).
G.
The well permit and well pad identification numbers.
3.
For unconventional well pads and disposal well sites, the applicant
shall submit a traffic control plan, which shall include:
A.
All anticipated routes within the City for access to and from the
well pad or site;
B.
Proposed schedule of traffic activity serving the well pad or site,
including the estimated level and duration of trucking activities;
C.
Where identified by the City or the Department of Transportation,
a plan for construction of turning lanes or other traffic control
devices to alleviate traffic congestion issues on City or state highways;
D.
A plan for dust control on public highways and nonpublic access roads
serving the well pad or site; and
E.
Installation of signs to discourage or control the use of jake brakes.
6.
Development of the well pad site shall apply the following best practices,
unless the applicant can demonstrate that the practices are unnecessary
or inappropriate:
A.
Facilities shall be centralized on single sites to minimize disturbances
to the natural landscape;
B.
Where new roads are needed, applicants will design alignments that
can serve as new trails or public accesses after the development ceases;
C.
Applicants shall use existing infrastructure alignments (streets,
rights-of-way, power and communication corridors, sewer and water
easements and railways) when selecting locations for temporary or
permanent horizontal infrastructure;
D.
The site shall utilize downward-facing lighting infrastructure (except
in the case of obstruction lighting) to preserve the dark sky nature
of the rural landscape;
E.
In restoring development sites after decommissioning, the utilization
of native species is required, and a random planting scheme is encouraged;
F.
The transportation of water to and from the site by pipeline is preferred,
where feasible;
G.
Site identification signs shall be posted at the intersection of
each access road for an unconventional well pad with each public highway.
7.
Operational Requirements for Unconventional Well Pads and Disposal
Well Sites:
A.
Each access road shall be paved for a distance of 100 feet from its
intersection with each public highway;
B.
The staging of trucks and equipment shall not be done within 500
feet of any occupied structure;
C.
The applicant shall maintain continuous dust control on all access
roads to prevent a dust nuisance on neighboring properties;
[Added by Ord. No. 334, 1/16/2023]
Where digital currency mining is allowed by special exception
under this chapter, the use shall meet all of the following requirements:
1.
All activities
constituting the use must be conducted within an enclosed building;
2.
The building
shall be set back at least 100 feet from any street or property boundary;
3.
The sound
level measured at the property boundary shall at no time exceed a
noise level of 65 dbA, or the applicable standard imposed by federal
law, whichever is less, over the relevant time period established
under OSHA regulations for industrial activities in effect on the
date of application;
4.
The applicant
must produce evidence, certified by a professional engineer, that
the proposed use will not have an adverse effect on electrical or
digital internet services in the neighborhood or the City.
[Added by Ord. No. 334, 1/16/2023]
Where a community solar energy system (CSES) or a grid-scale
solar energy system GSES) is permitted by special exception under
this chapter, the use shall meet all of the following requirements:
1.
All facilities,
including solar arrays, must be set back at least 50 feet from every
property boundary;
2.
The use
shall not cause any glare to any neighboring properties;
3.
All on-site
utility and transmission lines and piping shall be placed underground
to the extent feasible;
4.
The applicant
shall provide written confirmation that the public utility company
to which the applicant intends to connect the system has approved
the connection;
5.
In the
case of a CSES, the applicant shall submit a copy of all relevant
documents establishing the existence of a good faith contract for
the purchase or use of the power to be generated by the facility;
6.
The applicant
shall submit a plan for the regular maintenance of the grounds surrounding
and within the facility to a condition consistent with the neighborhood
which surrounds the facility;
7.
If the
site is to be leased, the applicant shall submit a copy of the lease,
with the right to redact all financial information from the documents;
8.
All structures
shall comply with any relevant height limitations within the chapter;
9.
The applicant
shall submit a plan for decommissioning of the facility if no energy
is produced from the facility for a continuous period of two years.
Decommissioning shall include the removal of all aboveground and underground
facilities and the return of the property to its natural state.
10.
Prior
to the approval of any permit, the Zoning Hearing Board may require
that the applicant post financial security for decommissioning. The
financial security may not exceed the estimated cost of removal of
all facilities from the site. The security may consist of an irrevocable
letter of credit from a national-recognized financial institution
or licensed insurance company authorized to do business in the Commonwealth
of Pennsylvania.
