Part 5 GENERAL PROVISIONS

Home occupations shall be limited to no more than one non-family assistant.

All parking shall be off-street and two additional off-street parking spaces, in addition to those required of the residence units, shall be required.

A home occupation shall not occupy more than 25% of the total floor area of the dwelling, and shall not be carried on in an accessory building.

There shall be no exterior display or exterior storage of goods on said premises.

§ 27-505 Allowable Projections into Yards.

Home occupations shall conform to the general performance standards found in § 27-507.

No-Impact Home Based Business. Home occupations which meet the definition and requirements of a no-impact home based business as set forth in § 27-202 of this Chapter are permitted as accessory uses by right in the Medium Density Residential — Zone 1 (MDR-1), Medium Density Residential — Zone 2 (MDR-2) and the Borough and Village Center (VC) zoning districts, and shall not be subject to the standards set forth above in § 27-503(A) of this Part, other than the requirement that a zoning permit be issued as set forth in this Chapter.

§ 27-504 Adult Uses.

[Ord. 725-04, 11/8/2004]

General. A conditional use permit shall be obtained for all adult-use businesses in the BD Business Development District. For the purposes of this Section, adult uses/entertainment establishments shall include: adult bookstores, adult cabaret, adult mini motion picture theater, adult model studio, adult motel, adult motion picture arcade, adult motion picture theater, adult newsrack, adult theater, massage establishment or any other business or establishment which offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing or relating to specified sexual activity or specified anatomical areas (see § 27-202 definitions).

Provisions.

No adult-use business shall be located within 1,000 feet (305 m) of a park, school, day care center, library or religious or cultural activity.

No adult-use business shall be located within 500 feet (152 m) of any other adult-use business or any agricultural or residential zone boundary.

Such distances shall be measured in a straight line without regard to intervening structures, topography and zoning.

Said business shall be located in BD District and shall not be permitted as a home occupation.

No adult-use business shall be located within MDR-1 Medium Density Residential — Zone 1, MDR-2 Medium Density Residential — Zone 2, VC Borough and Village Center, or IPR Industrial/Public/Recreational Zone.

No adult-use business shall be located on a lot that is less than one acre.

[Added by Ord. No. 832-18, 2/26/2018]

A permitted adult-use business shall have screening on all windows, doorways and points of entry.

[Added by Ord. No. 832-18, 2/26/2018]

[Ord. 725-04, 11/8/2004]

General.

Eaves, cornices or other similar architectural features shall be permitted to project into a required yard no more than 12 inches (305 mm).

Chimneys shall be permitted to project no more than two feet (610 mm), provided the width of any side yard is not reduced to less than 30 inches (762 mm).

Front Yards.

Open, unenclosed ramps, porches, platforms or landings, not covered by a roof, shall be permitted to extend no more than six feet (1829 mm) into the required front yard, provided such porch does not extend above the first level and is no more than six feet (1.83 m) above grade at any point.

Windows shall be permitted to project into a required front yard no more than 30 inches (762 mm).

Side Yards.

Open, unenclosed ramps, porches, platforms or landings, not covered by a roof, shall be permitted to extend no more than six feet (1,829 mm) into the required side yard, provided such porch does not extend above the first level and is no more than six feet (1.83 m) above grade at any point, and provided the width of any side yard is not reduced to less than 30 inches (762 mm).

Windows shall be permitted to project into a required rear yard no more than 30 inches, provided the width of any side yard is not reduced to less than 30 inches (762 mm).

Rear Yards.

Open, unenclosed ramps, porches, platforms or landings, not covered by a roof, shall be permitted to extend no more than six feet (1.83 m) into the required rear yard, provided such porch does not extend above the first level and is no more than six feet (1.83 m) above grade at any point.

Windows shall be permitted to project into a required rear yard no more than 30 inches (762 mm).

§ 27-506 Parking and Truck Loading Requirements.

[Ord. 725-04, 11/8/2004]

General. There shall be provided at the time of erection of any main building or at the time such buildings are altered, enlarged, converted or increased in capacity minimum off-street parking and loading space with adequate provision for ingress and egress by standard-sized vehicles in accordance with the requirements of this Part.

Parking Space Requirements.

Required Number. The off-street parking spaces required for each use permitted by this code shall not be less than that found in § 27-506, Subsection 2E, provided that any fractional parking space be computed as whole space.

Combination of Uses. Where there is a combination of uses on a lot, the required number of parking spaces shall be the sum of that found for each use.

Location of Lot.

The parking spaces required by this code shall be provided on the same lot as the use or where the exclusive use of such is provided on another lot not more than 500 feet (52m) radially from the subject lot within the same or less-restrictive zoning district. Distances greater than 500 feet require a special exception from the Zoning Hearing Board.

Required parking may be located on properly executed leased property with a minimum lease period of three years and with provision for renewal terms no less than one year prior to expiration. Copies of lease and renewals must be provided to the Borough Secretary. Loss of leased parking could result in loss of the use/occupancy requiring parking.

Surface of Driveway and Parking Area. All required parking area and all access drives shall be hard surfaced such that no possibility of erosion will occur.

Off-Street Parking Schedule. Number of parking spaces required.

Dwelling units: 2 per dwelling unit.

Office: 1 per 300 gross square feet (27.87 m²).

Retail: 1 per 200 gross square feet (18.58 m²).

Restaurant: 1 per 100 gross square feet (9.29 m²).

Health club: 1 per 100 gross square feet (9.29 m²).

Warehouse: 1 per 500 gross square feet (46.45 m²).

Assembly: 1 per 300 gross square feet (27.87 m²).

Medical office: 1 per 200 gross square feet (18.58 m²).

Schools: 1 per 3.5 seats in assembly rooms plus 1 per faculty member.

Hotels/motels: 1 per guest room plus 1 per 500 square feet (46.45 m²) of common area.

Industry: 1 per 500 square feet (46.45 m²).

Parking Space Dimension.

Parking Space Width. A minimum of 10 feet (3.048 m) shall be provided for each parking space.

Exceptions to Width.

Parallel parking space shall be permitted to be nine feet (2.743 m) wide.

Handicapped parking spaces shall be a minimum width of 12 feet (3.657 m) wide.

Parking Space Length.

A minimum length of 20 feet (6.096 m) shall be provided for each parking space.

Exceptions to Length.

Parallel parking space shall be a minimum of 22 feet (6.706 m) in length.

Handicapped parking spaces shall be a minimum length of 22 feet (6.705 m).

Loading Spaces.

General. Loading spaces shall be provided on the same lot for every commercial or industrial building in the VC or BD Zones. No loading space is required if prevented by an existing lawful building. The Zoning Officer shall be authorized to waive this requirement on unusual lots.

Loading Space Size.

Each loading space shall have a clear height of 14 feet (4.267 m) and shall be directly accessible through a usable door not less than three feet (0.914 m) in width and six feet, eight inches (2.032 m) high.

The minimum area of a loading space shall be 400 square feet (37.2 m²), and the minimum dimensions shall be 20 feet (6.096 m) long and 10 feet (3.048 m) deep.

Design of Parking Facilities.

[Amended by Ord. No. 832-18, 2/26/2018]

Driveway Width.

Every parking facility shall be provided with one or more access driveways, the width of which shall be the following:

Private driveways: at least 10 feet (3.048 m).

Commercial driveways:

Twelve feet (3.658 m) for one-way enter/exit.

Twenty-four feet (7.315 m) for two-way enter/exit.

Driveway and Ramp Slopes.

The maximum slope of any driveway or ramp shall not exceed 15%.

Transition slopes in driveways and ramps shall be provided in accordance with the standards set by the Zoning Officer and the Borough Engineer.

Parking Space Accessibility.

Each required parking space shall be individually and easily accessible.

No automobile shall be required to back onto any public street or sidewalk to leave any parking space when such space serves more than two dwelling units or other-than-residential uses.

All portions of a public lot or garage shall be accessible to other portions thereof without requiring the use of any public street.

(Reserved)

Striping.

Parking lots with 10 or more spaces shall be striped.

Exception: a private garage or parking area for the exclusive use of a single-family dwelling.

Lighting.

All lights illuminating a parking area shall be designed and located so as to reflect away from any street and adjacent property.

Special Parking Relief for Existing Floor Space in VC District.

[Amended by Ord. No. 832-18, 2/26/2018]

In the VC District, not enough physical space exists to provide the off-street parking required by this chapter for the number of existing properties. This may prevent vacant and nonconforming properties from being used in conformance and compliance with the intent of this chapter.

In order to enable property owners to utilize existing commercial space and to promote some commercial uses in this primarily commercial district, relief from the required off-street parking in the VC District may be granted by the Zoning Officer, if the property owner demonstrates:

Relief is sought for floor space in buildings existing at the time of adoption of this provision; and

It is physically impossible to provide the required off-street parking due to a lack of lot area; and

No existing required parking space has been reduced as of the time of adoption of this provision; and

No enlargement of existing buildings or new buildings qualify for this relief; and

Only the following uses may qualify for parking relief:

Amusement centers (including bowling, pool and billiard halls, video, and similar recreational uses).

Armory.

Banks.

Business or financial services.

Convenience stores (excluding wholesale sales).

Cultural and fraternal activities.

§ 27-507 General Performance Standards.

Cultural institutions (such as museums and art galleries).

Day care.

Fitness centers.

Funeral homes.

Health and medical institutions.

Theaters, indoor.

Laundromats.

Pet shops.

Police and Fire Department stations.

(p)

Public utility.

(q)

Public and governmental services.

Public libraries.

Restaurants.

Retail stores.

Social halls (nonprofit).

(v)

Small retail bakeries.

(w)

Small hardware stores.

(x)

Taverns and cocktail lounges.

(y)

Brewpub/microbrewery.

[Ord. 725-04, 11/8/2004]

Odor. No emission of unpleasant gases or other odorous matter shall be permitted in such quantities as to be offensive outside the lot lines of the tract.

Toxic Gases. No emission of noxious, toxic or corrosive, gases or fumes injurious to persons, property or vegetation shall be permitted outside the lot lines of the tract.

Glare and Heat.

No visible or objectionable glare and/or heat from any process shall be evident to properties adjoining the operation.

Direct glare from incandescent exposed lights shall not be visible from adjoining streets or properties.

Liquid Wastes or Sewage. No discharge is permitted into reservoir, sewage or storm disposal system, stream, open body of water or into the ground, of any materials in such a way or of such nature or temperature as could contaminate any water supply or otherwise cause the emission of dangerous objectionable elements unless treated so that the insoluble substances oils, grease, acids, alkalis and other chemicals are in accordance with the standards as approved by water pollution control boards, appropriate agencies of the Pennsylvania Department of Environmental Protection (PaDEP) and the Hamburg Borough Municipal Authority.

Vibration. Vibration perceptible beyond the lot line shall not be permitted.

Noise. No noise shall be audible beyond the lot line exceeding the average intensity of street traffic at the front lot line. Objectionable noises due to intermittence, beat, frequency or shrillness shall be muffled.

Smoke, Soot or Dust. The emission of gray smoke at a density greater than No. 1 on a Ringelmann Chart, published by the U.S. Bureau of Mines, shall not be permitted except gray smoke of a shade not darker than No. 2 may be emitted for not more than four minutes in any 30 minutes.

Electric or Electronic Interference. Electric or electronic devices shall be shielded in such a manner as not to interfere with radio or television reception or transmission of any kind.

Storage. All raw materials, fuel, machinery and equipment used in the operations shall be enclosed within a structure or screened by a substantially solid wall or fence of such design and height to conceal all operations and materials from the view of an observer standing at grade level of an existing residential district line or public street. Storage, handling and use of flammable liquids or materials shall comply with existing Borough and/or State fire protection codes and be readily accessible to firefighting equipment.

Stormwater Management. Stormwater management shall be provided for all new construction in accordance with existing Borough stormwater management regulations set forth within the subdivision and land development ordinance or a separate stormwater ordinance as may be in effect.

§ 27-508 Environmental Controls.

[Ord. 725-04, 11/8/2004]

Within each district on the Official Zoning Map, there will exist land areas that are generally unsuitable or marginally unsuitable for development. These areas are delineated in the Borough of Hamburg Comprehensive Plan (The Joint Comprehensive Plan for Northern Berks County) or the U.S. Army Corps of Engineers floodplain delineation, if available, and herein defined:

Intent.

It is the intent to establish overlay controls relating to use of areas unsuitable or marginally suitable for development.

It is the intent to establish overlay requirements relating to permitted uses, bulk and area and coverage requirements of the primary zoning district. It is not the intent to prohibit development, except possibly in known floodplains, but to insure that adequate consideration is given to potential environmental impact resulting from development of those areas considered to be ecologically sensitive.

Areas Generally Unsuitable for Development Include.

Flood Fringe District. That position of the floodplain outside the floodway.

Floodplains. The area boundaries encompassed within a flood of a one-hundred-year frequency on available U.S. Army Corps of Engineers' floodplain maps.

Floodway Soils. Soil groupings associated with a floodplain, having characteristics such flooding hazard, high-water table and seasonal high-water table conditions. These conditions afford severe limitations for the development of street excavations for basements, bearing for heavy structures and on lot sewage disposal. These areas should be used for appropriate activities, but should be accompanied by plans and reports indicating how development problems will be overcome.

Soils Having Severe Limitations for On Lot Sewage Disposal. Unsatisfactory for conventional on lot sewage disposal systems, if used, will necessitate specialized design for sewage disposal to insure that on lot sewage failures will not occur. Plans for development on these soils should be accompanied by on lot design(s) that will overcome the specific problems.

Steep Slopes. Slopes over 25% in grade are unsatisfactory for conventional on lot sewage disposal systems and present extensive problems to development and should be avoided. Lesser slopes from 15-25% in grade present such problems as hazardous street grades, hazardous intersection, unusually long street with no outlets, excessive cutting and filling, loss of vegetation, soil erosion, soil slippage, stream siltation and sedimentation and accentuation of flooding problems. Plans for development of such slopes should indicate specifically how these problems are to be overcome.

Substantially Improved Structure. Any structure within the Borough limits which has had any additions, renovations or improvements of any nature greater than 10% of the fair market value of the structure and the premises on which it is erected at the time that the renovations, additions or improvements are made.

Areas Marginally Suitable for Development Include.

Large Woodlands. Included in this category since these generally coincide with hillsides and steep slopes and are generally an integral part of the landscape. Large-scale cutting of timber will probably result in large-sale surface water runoff, soil, erosion and related problems. Plans for development of these areas should include a qualified evaluation of how such development problems will be overcome.

Slopes. Fifteen to 25% in grade are buildable but offer practical development problems found in Subsection (B)(5) above. Plans for development of these slopes should indicate how specific development problems will be overcome.

Procedure.

The Zoning Officer will advise the applicant when his property or parcel lie within either a generally unsuitable or marginally suitable land as outlined in the Hamburg Comprehensive Plan.

The applicant will be advised to seek competent assistance fully utilizing existing governmental agencies such as the County Farm Agent, Soil Conservation Service, County Planning Commission, U.S. Army Corps of Engineers and other professional assistance where indicated.

The Zoning Officer will advise the applicant that a zoning permit shall not be issued until the Borough Engineer has certified that the conditions on the lot are as actually stated on the plan, and that the plan as proposed addresses all the potential problems arising on the lot and will solve all potential development problems.

Overlay Restrictions.

Floodplains. No structure or dwelling shall be constructed in any officially delineated or calculated one-hundred-year floodplain unless plans indicating that such structure will not accentuate potential flooding and will create no possible hazard to life or property and sanitary facilities.

Floodway Soils. Plans for development of a structure or dwelling in floodway soils shall include detailed site inspections including core borings, percolation tests, determination of bedrock strata and groundwater level determinations. These tests will be used to determine what improvements are necessary to make this land usable for a structure or dwelling and its essential services.

Slopes over 15% in Grade. Detailed plans shall be prepared for structures or dwellings proposed to be constructed on slopes over 15% in grade. Plans shall show existing topography, proposed structure or dwelling locations, streets and drives location and grades, foundation drainage, sanitary facilities, grading plan, re-vegetation or planting plan prepared by a registered architect, landscape architect or engineer. Plans shall be accompanied by a statement as to how problems of surface water runoff, erosion, soil stabilization, on lot sewerage seepage, re-vegetation, stream siltation and all other associated problems are to be overcome.

Maximum lot coverage shall not exceed 5% for lots where the average slope equals 25%.

Maximum lot coverage shall be decreased at a rate of 0.2% for each percent increase in slope over 25%.

Soils Having Severe Limitations for On Lot Sewage Disposal. Structures or dwellings necessitating on lot sewage disposal shall be accompanied by plans prepared by a sanitarian or engineer indicating in detail the design of a sanitary system needed to overcome such problems along with documentation needed and a statement that the probability of failure of such a system is negligible.

Soils Having Slopes of 8 to 15% in Grade. Structures or dwellings proposed shall submit similar plans as outlined in Subsection (C)(2).

Woodlots. Any destruction or cutting of woodlots in conjunction with development of structures or dwellings shall include a statement prepared by a landscape architect or engineer indicating how the loss in tree cover will affect surface water runoff, erosion, soil stabilization, stream siltations and what re-vegetation plans will be effected to overcome the above problems.

Applicability. The provisions of this Section shall be applicable in addition to any other applicable provisions of this Chapter or any other ordinance, code or regulation.

Dangers to Human Life. In accordance with the Pennsylvania Floodplain Management Act and the regulations adopted by the Department of Community and Economic Development, as required by the Act, any new or substantially improved structure which:

Will be used for the production or storage of any of the following dangerous materials or substances; or,

Will be used for any activity requiring the maintenance of a supply of more than 550 gallons, or other comparable volume, of any of the following dangerous materials or substances on the premises; or,

Will involve the production, storage or use of any amount of radioactive substances shall be subject to the provisions of this Section, in addition to all other applicable provisions.

The following list of material and substances are considered dangerous to human life:

Acetone.

Ammonia.

Benzene.

Calcium carbide.

Carbon disulfide.

Celluloid.

Chlorine.

Hydrochloric acid.

Hydro cyanic acid.

Magnesium.

Nitric acid and oxides of nitrogen.

(l)

Petroleum products (gasoline, fuel, oil, etc.).

Phosphorus.

Potassium.

Sodium.

Sulphur and sulphur products.

(q)

Pesticides (including insecticides, fungicides and rodenticides).

(r)

Radioactive substances, insofar as such substances are not otherwise regulated.

Floodplain.

Within any floodway district any structure of the kind described in Subsection (F) above.

Where permitted within any Flood Fringe District or General Floodplain District, any structure of the kind described in Subsection (F) above, shall be:

Elevated or designed and constructed to remain completely dry up to at least 1 1/2 feet above the one-hundred-year flood plain.

Designed to prevent pollution from the structure or activity during the course of a one-hundred-year flood.

Any such structure, or part thereof, that will be built below the regulatory flood elevation shall be designed and constructed in accordance with the standards for completely dry flood proofing contained in the publication "Flood Proofing Regulations" (U.S. Army Corps of Engineers, June 1972) or with some other equivalent watertight standard.

Within any General Floodplain District, any structure of the kind described in Subsection (F) above, shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse.

Except for a possible modification of the freeboard requirements involved, no variance shall be granted for any of the other requirements of this Section.

The provisions of this Section shall be applicable, in addition to any other applicable provisions of this Chapter, or any other ordinance, code or regulation.

Identification of Activities Requiring a Special Permit. In accordance with the Pennsylvania Floodplain Management Act (Act 1978-166) and regulations adopted by the Department of Community and Economic Development as required by the Act, the following obstructions and activities are prohibited if located partially or entirely within any identified floodplain district:

The commencement of any of the following activities or the construction, enlargement or expansion of any structure used, or intended to be used, for any of the following activities:

Hospitals.

Nursing homes.

Jails or prisons.

The commencement of, or any construction of, a new mobile home park or mobile home subdivision or substantial improvement to an existing mobile home park or mobile home subdivision.

§ 27-509 Shopping Centers.

[Ord. 725-04, 11/8/2004]

Shopping centers shall be in single ownership or under a guaranteed unified management control. Such shopping centers shall consist of harmonious selection of uses and groupings of buildings, services and parking areas, circulation and open space and shall be subject to the following provisions:

Permitted Principal Uses.

Stores for the sale of goods at retail or the performance of customary personal services or services clearly incidental to retail sales.

Business, professional or banking offices.

Restaurants, cafes or similar places serving food and/or beverages.

Parking areas for transient auto vehicles, but not for the storage of new or used motor vehicles for sale. Temporary use is permitted for car dealers during special sales or shows no longer than five days duration in any six-month period.

Permitted Accessory Uses Located on the Same Lot with the Permitted Principal Use.

Only the customary accessory uses associated with a commercial district shall be permitted; provided, they are limited to the same lot as the principal uses.

Uses Permitted only be Special Exception Issued by the Zoning Hearing Board.

Gasoline service stations.

Drive-in establishments.

Area and Bulk Regulations.

Lot size: the area for development shall be a minimum of five acres.

Lot coverage: 20% maximum.

Building height: two stories or 35 feet maximum.

Front yard: 200 feet minimum.

Side yards: 100 feet minimum each side.

Rear yard: 100 feet minimum.

Supplementary Regulations.

Off-street parking shall be provided on the premises at a ratio of one parking space per 200 square feet of gross floor area.

Parking shall be permitted in the areas required for front, side and rear yard setbacks up to a point of 25 feet from any front, side or rear lot line of the shopping center.

All parking areas shall be suitably paved with permanent hard surface coverings.

Access and Traffic Controls.

All means of ingress and egress from the shopping center to any public street or State highway shall be located at least 200 feet from any other intersecting street or streets and shall be designed to conduct traffic in a safe manner.

The developer shall be responsible for the purchase and erection of any necessary traffic control devices and the construction of additional acceleration or deceleration lanes as may be required by PennDOT, Borough Planning Commission or Hamburg Borough Council.

Interior Circulation.

Interior access ways shall be designed so as to prevent the blocking of vehicles entering or leaving the site.

Areas provided for loading or unloading of trucks and/or other vehicles or for servicing of shops for rubbish collection or other services shall be adequate in size and shall be so arranged that they may be used without blocking or interfering with interior circulation and parking facilities.

Lighting. Lighting for buildings, signs, access ways and parking areas shall be so arranged as not to reflect toward public streets or cause any annoyance to surrounding property owners or residents.

Shopping Cart Storage. Establishments furnishing carts or mobile baskets shall provide definite areas on the site for the storage of said carts. Storage area shall be clearly marked and designated for the storage of shopping carts and/or mobile baskets.

Screening.

All lot lines abutting residential district, along the side yard or rear yard, shall be appropriately screened by fences, walls, or year-round planting and/or other suitable enclosures of a minimum height of four feet and a maximum height of six feet.

If trees, evergreen hedges or other types of year-round plant are used, a landscaped area shall be provided at least five feet in width along the entire interior lot lines.

Storage of Trash or Rubbish.

Storage areas for trash and rubbish shall be completely screened and all organic rubbish shall be contained in airtight, vermin proof containers.

No such storage area shall be permitted within any required yard space.

Signs. Signs shall conform to § 27-510 of this Part.

Sewage and Drainage.

All shopping centers shall be required to connect to a public sewage system.

A storm runoff and drainage system shall be installed consistent with sound engineering practices. The proposed system shall first be approved by the Borough Engineer or other qualified person designated by Borough Council. The design and construction of the system shall be such as to not only drain the shopping center site but also adequately dispose of all runoff and drainage from the shopping center site. The plan should be reviewed by the Berks County Conservation District.

Site Plan Review and Approval. A proposed shopping center shall be deemed to be a subdivision governed by the provisions of the Borough of Hamburg subdivision and land development ordinance and the procedures established by said subdivision regulations for approval of subdivision plans shall be followed in obtaining approval for shopping centers.

§ 27-510 Sign Regulations.

[Ord. 725-04, 11/8/2004; as amended by Ord. 736-06, 2/13/2006, §§ 2,3; by Ord. 744-06, 11/27/2006, §§ 1-4; by Ord. 758-08, 9/22/2008; and by Ord. 783-11, 4/11/2011, § 2]

Purpose. The purpose of this Section is to protect the safety and orderly development of the community through the regulation of signs and sign structures.

Sign Types. General. Sign types and the computation of sign area shall be as depicted in the following Figures 510.2.1(1) through 510.2.1(4).[1]

[1]

Editor's Note: Figures 510.2.1(1) through 510.2.1(4) can be found at the end of this chapter.

General Sign Provisions.

Conformance to Codes. Any sign hereafter erected shall conform to the provisions of this Part and the provisions of the International Building Code and of any other ordinance or regulations within this jurisdiction.

Signs in Rights-of-Way. No sign other than an official traffic sign or similar sign shall be erected within two feet (610 mm) of the lines of any street, or within any public way, unless specifically authorized by other ordinances or regulations of this jurisdiction or by specific authorization of the zoning officer.

Projections Over Public Ways.

Signs projecting over public walkways shall be permitted to do so only subject to the projection and clearance limits either defined herein or, if not so defined, at a minimum height of eight feet (2,438 mm) from grade level to the bottom of the sign.

Signs, architectural projections or sign structures projecting over vehicular access areas must conform to the minimum height clearance limitations imposed by the jurisdiction for such structures.

Signs shall be limited to a maximum area of six square feet and shall not exceed 36 inches in any dimension. Signs shall be located as close as is feasible to the center of the wall to which it is attached.

No freestanding sign may project past the sidewalk line or the setback line whichever is more restrictive.

Traffic Visibility. No sign or sign structure shall be erected at the intersection of any street (including driveways) in such a manner as to obstruct free and clear vision, nor at any location where by its position, shape or color it may interfere with or obstruct the view of or be confused with any authorized traffic sign, signal or device.

Sign Size and Type.

Area of Sign. The area of a sign shall be construed to include all lettering, working and accompanying designs and symbols, together with background, whether open or enclosed, on which they are displayed, but not including any supporting framework and bracing which is incidental to the display itself. Where the sign consists of individual letters or symbols attached to or painted on a surface of structure or building, the area shall be considered to be the smallest rectangle which can be drawn to encompass all of the letters and symbols.

Permitted Signs. In zoning districts, the maximum size of signs and type of signs permitted shall be in accordance with the following regulations:

All Districts.

Official traffic or directional signs and other official federal, state, county or Borough government signs.

Temporary signs announcing a campaign, drive or event of a civic, philanthropic, educational or religious organization, provided such sign shall not exceed 60 square feet in area and shall be removed immediately upon the completion of the campaign, drive or event.

Business signs offering the sale or rental of the premises upon which the sign is erected, provided that the area of any such sign shall not exceed six square feet and not more than one such sign shall be placed on the property unless such property fronts on more than one street, in which case one sign may be erected on each street frontage.

Temporary signs of contractors, developers, architects, engineers, builders and artisans, erected and maintained on the premises where the work is being performed, provided, that the area of each such sign shall not exceed 12 square feet, and provided that such sign shall be removed upon completion of the work.

Residential Districts (MDR-1 and MDR-2).

Home occupation or name sign displaying the name and address of the occupant or the profession or activity of the occupant of a dwelling, provided that not more than one such sign shall be erected for each permitted use, and provided that the area of each such sign shall not exceed two square feet, and provided that each sign shall be fixed flat on the main wall of such building. Such sign may be interior-lighted in the cases of the office of a physician or dentist.

Sign, bulletin, announcement board or identification sign for schools, churches, clubs or other principal uses and buildings other than dwellings on the same lot therewith for the purpose of displaying the name of the institution and its activities or services, provided that the area of any such sign shall not exceed 12 square feet and not more than one such sign shall be erected on any one street frontage.

Off-premises signs shall not be permitted in the MDR-1 and MDR-2 Districts.

Commercial and Industrial Districts (VC, BD and IPR).

[Amended by Ord. No. 832-18, 2/26/2018]

Business or commercial sign on the same lot as the use to which it relates, provided that such sign shall be limited to two square feet for each linear foot of horizontal building facade length, but not to exceed an aggregate area of 160 square feet, provided that, if the subject property is in excess of one acre, the business or commercial sign may exceed these size limitations upon the grant of a conditional use by the Borough Council of the Borough of Hamburg.

Special temporary promotional devices, signs or displays, such as banners or pennants, for a period not to exceed 30 consecutive days.

Off-premises signs shall not be permitted in the VC District.

Institutional/Public/Recreational District (IPR District).

Off-premises signs shall not be permitted in the IPR District.

Supplemental Sign Regulations.

[Amended by Ord. No. 832-18, 2/26/2018]

Projection. No freestanding sign may project past the sidewalk line or the building reserve line, whichever is more restrictive.

Height. No attached sign shall be erected upon the roof of a building nor extend above the height of the building. A freestanding sign shall meet the height requirements of the particular district in which it is located.

(Reserved)

Illumination. Signs may be lighted with nonglaring lights or by shielded floodlights, provided that lighting is screened from adjacent properties. No light of intermittent, flashing or animated types shall be permitted.

Placement. No signs shall be permitted which are posted, stapled or otherwise attached to public utility poles or trees within the sidewalk line. No sign shall be located within eight feet of any side property line nor be located within the sidewalk line.

Construction. All signs, except temporary signs, shall be constructed of durable material and kept in good condition and repair.

Nonconforming Signs. Nonconforming signs, once removed, shall be replaced only with conforming signs; however, nonconforming signs may be repainted or repaired, provided such repainting or repairing does not extend the nonconformity of the existing sign.

Animation and Changeable Messages. Animated signs, except as prohibited in § 27-510, Subsection 5, are permitted in VC Village Center and BD Business Development Zones only. Changeable signs, manually activated, are permitted for nonresidential uses in all zones. Changeable signs, electrically activated, are permitted in all nonresidential zones.

Maintenance, Repair and Removal.

Every sign permitted by this chapter shall be kept in good condition and repair.

When any sign becomes insecure, in danger of falling or is otherwise deemed unsafe by the Zoning Officer, or if any sign shall be unlawfully installed, erected or maintained in violation of any of the provisions of this chapter, the owner thereof or the person or firm using same shall, upon written notice by the Zoning Officer, forthwith in the case of immediate danger, and in any case within not more than 10 days, make such sign conform to the provisions of this chapter or shall remove it. If within 10 days the order is not complied with, the Zoning Officer shall be permitted to remove or cause such sign to be removed at the expense of the owner and/or the user of the sign.

Obsolete Sign Copy.

Any sign copy that no longer advertises or identifies a use conducted on the property on which said sign is erected must have the sign copy covered or removed within 30 days after written notification from the Code Official.

Upon failure to comply with said notice from the Code Official, the Code Official is authorized to cause the removal of such sign copy, and any expenses incident thereto shall be paid by the owner of the building, structure or ground on which the sign is located.

Nonconforming Signs. Any sign legally existing at the time of the passage of this chapter that does not conform in use, location, height or size with the regulations of the zone in which such sign is located shall be considered a legal nonconforming use or structure and shall be permitted to continue in such status until such time as it is abandoned or removed by its owner, subject to the following limitations:

[Amended by Ord. No. 832-18, 2/26/2018]

Structural alteration, enlargement or re-election are permissible to allow the alteration of an existing, nonconforming sign to current size and height standards with conditional use approval from the Borough Council, provided the alteration does not diminish the visibility of any other sign.

Any legal nonconforming sign shall be removed or rebuilt without increasing the existing height or area if it is damaged, or removed with conditional approval from the Zoning Hearing Board or Borough Council, provided the rebuilding will not diminish visibility of any other existing sign.

Signs that comply with Subsection 3J(2) above need not be permitted.

Exempt Signs.

The following signs shall be exempt from the provisions of this chapter. No sign shall be exempt form § 27-510, Subsection 3D.

Official notices authorized by a court, public body or public safety official.

Directional, warning or information signs authorized by federal, state or municipal governments, and community bulletin boards.

Memorial plaques, building identification signs and building cornerstones when cut or carved into a masonry surface or when made of noncombustible material and made an integral part of the building or structure.

The flag of a government or noncommercial institution, such as a school.

Religious symbols and seasonal decorations within the appropriate public holiday season.

Works of line art displayed in conjunction with a commercial enterprise where the enterprise does not receive direct commercial gain.

Street address signs and combination nameplate and street address signs that contain no advertising copy and which do not exceed six square feet in area.

Prohibited Signs. The following devices and locations shall be specifically prohibited:

Signs located in such a manner as to obstruct or otherwise interfere with an official traffic sign, signal or device, or obstruct or interfere with a driver's view of approaching, merging or intersecting traffic.

Except as provided for elsewhere in this code, signs encroaching upon or overhanging public right-of-way, no sign shall be attached to any utility pole, light standard, street tree or any other public facility located within the public right-of-way.

Signs which blink, flash or are animated by lighting in any fashion that would cause such signs to have the appearance of traffic safety signs and lights, or municipal vehicle warnings form a distance, or present a nuisance to the surrounding environment as determined by the Zoning Officer.

Portable signs except as allowed for temporary signs. (Sidewalk sandwich signs are permitted provided the sidewalk is not obstructed to required width for travel and sign is removed at the end of business each day.)

Any sign attached to, or placed on, a vehicle or trailer parked on public or private property, except for signs meeting the following conditions:

The primary purpose of such a vehicle or trailer is not the display of signs.

The signs are magnetic, decals or painted upon an integral part of the vehicle or equipment as originally designed by the manufacturer, and do not break the silhouette of the vehicle.

The vehicle or trailer is in operating condition, currently registered and licensed to operate on public streets when applicable, and actively used or available for use in the daily function of the business to which such signs relate.

Vehicles and trailers are not used primarily as static displays, advertising a product or service, nor utilized as storage, shelter or distribution points for commercial products or services for the general public.

Balloons, streamers or pinwheels except those temporarily displayed as part of a special sale, promotion of community event. For the purposes of this Subsection, "temporarily" means no more than 20 days in any calendar year.

No attached or detached sign shall be erected upon the roof of a building nor extend above the height of the building. Freestanding signs shall meet the height requirements of the particular district in which it is located.

Permits.

Permits Required. Unless specifically exempted, a permit must be obtained form the Zoning Officer for the erection and maintenance of all signs erected or maintained within this jurisdiction and in accordance with other ordinances of this jurisdiction. Exemptions from the necessity of securing a permit, however, shall not be construed to relieve the owner of the sign involved from responsibility for its erection and maintenance in a safe manner and in a manner in accordance with all the other provisions of this Chapter.

Construction Documents. Before any permit is granted for the erection of a sign or sign structure requiring such permit, construction documents shall be filed with the Zoning Officer and building inspector showing the dimensions, materials and required details of construction, including loads, stresses, anchorage and any other pertinent data. The permit application shall be accompanied by the written consent of the owner or lessee of the premises upon which the sign is to be erected and by engineering calculations signed and sealed by a registered architect, landscape architect or engineer where required by the International Building Code or Building Inspector and/or Zoning Officer.

Changes to Signs. No sign shall be structurally altered, enlarged or relocated except in conformity to the provisions herein, nor until a proper permit, if required, has been secured. The changing or maintenance of moveable parts or components of an approved sign that is designed for such changes, or the changing of copy, business names, lettering, sign faces, colors, display and/or graphic matter, or the content of any sign shall not be deemed a structural alteration.

Permit Fees. Permit fees to erect, alter or relocate a sign shall be in accordance with the fee schedule adopted within this jurisdiction.

Special Promotions, Event And Grand Opening Signs. Signs temporarily displayed to advertise special promotions, events and grand openings shall be permitted for nonresidential uses in a residential district, and for all commercial and industrial districts subject to the following limitations:

Such signs shall be limited to one sign per street front.

Such signs may be displayed for not more than 30 consecutive days in any three-month period, and not more than 60 days in any calendar year. The signs shall be erected no more than 30 days prior to the event or grand opening, and shall be removed not more than one day after the event or grand opening.

The total area of all such signs shall not exceed 12 square feet in any single-family residential district, 12 square feet in any multifamily residential district and 160 square feet in any commercial or industrial district.

Special Event Signs in Public Ways.

Signs advertising a special community event shall be permitted in or over public rights-of-way, subject to approval by the Zoning Officer as to the size, location and method of erection.

The Zoning Officer may not approve any special event signage that would impair the safety and convenience of use of public rights-of-way, or obstruct traffic visibility.

Portable Signs.

Portable signs shall be permitted only in the VC and BD districts, as designated in this code, subject to the following limitations:

No more than one such sign may be displayed on any property, and shall not exceed an area of six square feet.

Such signs shall be displayed not more than 20 days in any calendar year.

Any electrical portable signs shall comply with the ICC Electrical Code, as adopted in this jurisdiction.

No portable sign shall be displayed prior to obtaining a sign permit.

Requirements for Specific Sign Types.

Canopy and Marquee Signs.

The permanently affixed copy area of canopy or marquee signs shall not exceed an area equal to 25% of the face area of the canopy, marquee or architectural projection upon which such sign is affixed or applied.

Graphic striping, patterns or color bands on the face of a building, canopy, marquee or architectural projection shall not be included in the computation of sign copy area.

Awning Signs.

The copy area of awning signs shall not exceed an area equal to 25% of the background area of the awning or awning surface to which such a sign is affixed or applied, or the permitted area for wall or fascia signs, whichever is less.

Neither the background color of an awning, nor any graphic treatment or embellishment thereto such as striping, patterns or valances, shall be included in the computation of sign copy area.

Projecting Signs. Refer to § 27-510(3)(C) for regulations on projections over public ways.

Under Canopy Signs. Not permitted.

Roof Signs. Not permitted.

Window Signs. Window signs shall be permitted for any nonresidential use in a residential district, and for all commercial and industrial districts, subject to the following limitations:

The aggregate area of all such signs shall not exceed 25% of the window area on which such signs are displayed. Window panels separated by muntins or mullions shall be considered as one continuous window area.

Window signs shall not be assessed against the sign area permitted for other sign types.

Menu Boards. Menu board signs shall not be permitted to exceed five square feet.

Murals.

[Amended by Ord. 822-16, 5/23/2016]

Any person or entity desiring to apply a mural to the exterior surface of a wall or facade of a building or structure within the Borough of Hamburg shall only do so upon receipt of the prior approval of the Borough Council in accordance with the procedures set forth in this Subsection 10H.

Any person or entity desiring to apply a mural to the exterior surface of a wall or facade of a building or structure within the Borough of Hamburg shall apply for the mural by submitting an application with the Borough Manager. Said application shall be submitted in writing and include the following:

Name and address of the applicant;

Name and address of the owner of the property where the mural is proposed to be located (if different than the applicant);

A rendering of the mural containing the proposed picture or graphic illustration and proposed dimensions;

An identification of the person or entity to apply the mural (if approved); and

A nonrefundable filing fee in the amount of $100, which fee (upon request to the Borough Council) may be waived by the Borough Council in its sole and absolute discretion. The amount of said fee may be amended by resolution of the Borough Council from time to time.

Upon receipt of a complete application, the Borough Council shall review the application at a publicly advertised open meeting of the Borough Council within 30 days of receipt of the application. At said meeting, the applicant shall make its presentation to the Borough Council, and the Borough Council shall have the ability to question the applicant. The Borough Council shall also have the discretion to accept public comment on the application. Upon completion of the presentation, the Borough Council may discuss and deliberate in executive session to determine if the application meets all of the following criteria:

The proposed mural meets the definition of "mural" in § 27-202, definition of "sign," Subsection HHH, hereof;

The proposed mural does not contain any obscene image(s) or word(s);

The proposed mural does not contain any advertisement for the promotion of a particular business, service or product.

The proposed mural is not to be located in the MDR-1 or MDR-2 Zoning District or any other residential zoning district within the Borough;

The proposed mural is to be located and designed in such a manner and fashion that it will not cause any distraction or otherwise unsafe condition for motor vehicles traveling on the roadway(s) within eyesight of the proposed mural;

The proposed mural will maintain the aesthetic quality of the Borough of Hamburg for the betterment of Hamburg commerce and the general welfare of the population, in the sole discretion of the Borough Council; and

The proposed mural is otherwise in compliance with all other applicable federal, state and/or local rules and regulations in effect.

Following the review of such application by the Borough Council as set forth above, the Borough Council shall issue a public decision on the application at a publicly advertised open meeting of the Borough Council within 30 days following completion of the meeting at which the application was reviewed by the Borough Council as set forth above.

An aggrieved applicant shall have the ability to appeal a final determination of the Borough Council hereunder by filing such appeal with the Zoning Hearing Board of the Borough in accordance with the procedures under the Borough's Zoning Ordinance.

If the application is approved, the applicant shall complete installation of the mural within 12 months from the date of the approval, or the approval will expire after expiration of said time period.

The Borough Council, in its sole and absolute discretion, shall have the right and ability to impose reasonable conditions on the proposed mural as part of any approval hereunder.

A mural that is approved hereunder shall be maintained and repaired, on an as-needed basis, when the mural becomes faded, chipped, stripped or otherwise in a condition other than its original state/condition, when first applied, due to exposure to the weather elements or otherwise. The owner of the building or structure upon which the mural is applied shall be responsible for the cost and expense of such maintenance and repair.

Penalties. Any person who shall violate any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine of not less than $250 and not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day or portion thereof in which a violation exists shall be considered a separate violation of this Part. In addition to any penalty imposed in accordance with this Part, the defendant may be ordered to take any and all required actions, at its sole cost and expense, to maintain the mural as set forth in Subsection 10H(8) above.

11.

Off-Premises Signs and Permits.

[Added by Ord. No. 832-18, 2/26/2018]

Application. This section applies to signs do not qualify as on-premises signs and which are located in the BD District and within 300 feet of the Route 61 right-of-way.

General Provisions. An off-premises sign may not be erected or maintained in a manner inconsistent with the following criteria:

On any corner lot, no off-premises sign shall be erected or project within the triangle formed by the street right-of-way lines and a line connecting them at points 30 feet from the corner formed by the intersection of the right-of-way lines.

No portion of the supporting structure shall be visible above any area.

No off-premises sign shall be located closer than 500 feet to the nearest off-premises sign on the same side of a highway having an advertising surface facing in the same direction, regardless of the size of the sign.

No off-premises sign shall be erected, nor any existing sign maintained, that incorporates flashing, scintillating, beacon or running lights.

Illumination of off-premises signs may be permitted, provided that such illumination is effectively shielded so as to prevent beams or rays of light from being directed at any portion of the travelway and adjacent properties.

All off-premises signs shall be erected on permanent footings, and all sign support structures for off-premises signs over 100 square feet area in size must be provided by a commercial sign company and/or designed by a professional engineer.

The applicant for the erection or maintenance of an off-premises sign must obtain a written permission/lease agreement, which permits the applicant access to the property to maintain the sign, if the land upon which the sign is to be placed is owned by anyone other than the applicant. The applicant must provide the Borough with a copy of the written permission/lease agreement prior to issuance of a sign permit.

Any permittee, for the erection or maintenance of an off-premises sign, at its sole expense, will remove any sign if the sign remains without bona fide advertising for 12 months.

Any permittee for the erection or maintenance of an off-premises sign, at its sole expense, will keep all advertising surfaces, support structures, and immediate surroundings at the base of each sign free of debris and graffiti, and it shall otherwise be kept well-maintained.

No off-premises sign shall be used to illustrate any lewd, pornographic or lascivious acts.

Each side of a single- or double-faced off-premises sign shall be allowed an advertising display area of not more than 1,200 square feet, exclusive of embellishments, which shall not exceed 15% of the total display area.

(12)

Each multifaced off-premises sign may have a maximum of two advertising surfaces facing in one direction. Both surfaces shall be the same shape and size. The total copy area of each side shall not exceed 1,200 square feet.

(13)

Off-premises signs shall not exceed an overall height of 75 feet above the surface of the road and shall not be closer than 10 feet to the nearest right of way/property line.

(14)

Off-premises signs shall only be permitted in the BD District and only within 300 feet of the Route 61 right-of-way.

A temporary sign for the advertising of charitable, nonprofit or other community-related events shall be permitted with the permission of the Zoning Officer, provided that said signs shall not be erected for a period in excess of 30 consecutive days without the approval of the Borough Council.

12.

Permits.

[Added by Ord. No. 832-18, 2/26/2018]

Applicability. A zoning/sign permit shall be required for all signs regulated under § 27-510 of this Part, including, but not limited to, official signs and directional signs.

Permit Applications. Permit applications shall be completed as follows:

Application for a permit for a sign shall be made with the Zoning Officer.

Application shall be made on a form to be provided by the Zoning Officer and shall contain the following information and documentation:

The name and address of the sign owner and the landowner, together with an affidavit attesting that there is a valid lease agreement between them for the land on which the sign is to be located, or that the sign owner is also the landowner.

If the sign is an existing sign, the affidavit shall contain the date of erection of the sign or a statement that the sign was erected on or before the effective date of this Part.

A drawing, to scale, showing:

The location of the sign with reference to the highway, indicating station and distance from center line, right-of-way line, fence or edge of pavement.

For a directional sign, the distance along the highway in each direction to the nearest sign in the same classification.

A drawing, to scale, showing all dimensions of the sign. For a directional sign or an on-premises sign advertising activities being conducted on the premises and located more than 50 feet from the advertised activity, the drawing shall also contain an accurate representation of the advertising or informative contents of the sign.

Each application shall be accompanied by the appropriate fee, as determined by the Zoning Officer.

Priorities. Priorities shall include the following:

Directional Signs. Where issuance of permits for two or more directional signs or official signs would conflict with the applicable spacing provisions, permits will be issued in the following order or priority.

An existing sign which is in conformance with federal and state law and this Part, either upon application for an initial permit or for renewal of a previous permit.

A sign of the Borough.

A sign of another agency of the commonwealth.

A sign of a local governmental unit or an agency thereof.

A sign of the United States government or an agency thereof.

A sign of another public agency.

A sign of a private nonprofit organization.

(h)

A sign of a private profit-making organization or individual.

In the case of a conflict among two or more signs with the same priority, a permit will be issued for the sign which the Zoning Officer determines is most in the interest of the traveling public or, at the option of the Zoning Officer, the sign for which an application was first received by it.

Revocation of Permits. Revocation of permits includes the following:

Permits shall be subject to revocation upon 15 days' written notice for violation of this chapter, upon change of information provided in the application.

Permits for signs which are prohibited to be erected or maintained under federal or state law shall be revocable upon 30 days' written notice.

Revocation of a permit shall not be grounds for refund of the permit fee.

Restoration of Damaged or Partially Destroyed Nonconforming Signs.

Application. This section of the chapter applies to signs erected or controlled under this chapter.

Nonconforming Signs. Nonconforming signs shall conform with the following:

If a sign is damaged or destroyed as a result of tortuous conduct, such as vandalism, the sign may be repaired or replaced by the sign owner.

If a sign is damaged as a result of natural disaster or nontortuous conduct so that 50% or more of its value remains intact, the sign may be repaired by the sign owner.

The following apply to signs damaged or destroyed as provided in Subsection 12E(2)(a) and (b) above:

Determination of the percentage of the value of the sign and damage shall be made by the Zoning Officer.

Replaced or repaired signs shall be of a size and type currently allowed under this chapter with conditional approval of the Borough Council.

If a sign is replaced, the replacement sign shall remain at the same location.

If a sign is destroyed or damaged as a result of natural disaster or other nontortuous conduct so that less than 50% of the sign remains intact, the sign may be repaired or replaced only in compliance with the provisions of § 27-510. Determination of the value of the sign and the damage shall be made by the Zoning Officer.

Damaged or destroyed signs not replaced or repaired within 60 days of notice from the Zoning Officer shall be considered abandoned.

Abandoned Signs.

Application. This section applies to signs erected or controlled under this chapter.

The following signs shall be presumed to be abandoned:

A sign that has remained without bona fide advertising for 12 months or which has been without a current lease or license from the landowner for more than 90 days.

A sign (other than nonconforming sign) which requires maintenance or repair in excess of 25% of the replacement cost of the sign, and the amount of required maintenance or repair shall be made by the Borough after consultation with the sign owner.

A sign considered abandoned, damaged or partially destroyed under § 27-510, Subsection 4E, hereof.

A nonconforming sign, otherwise compensable under state law, which, since the date on which the sign became eligible for compensation, has been enlarged, illuminated or structurally improved in any manner (except normal repairs) or the location of which has been changed.

A sign, the permit for which has been revoked under this Part.

Removal of Abandoned Signs. Signs that are abandoned shall be removed by the persons responsible for the erection or maintenance thereof within 30 days after notice by the Code Enforcement Officer of the abandonment. Upon 30 days' notice, the Code Enforcement Officer may remove signs that are abandoned at the expense of those responsible for the erection or maintenance of the signs.

Erection, Maintenance and Repair of Signs.

Application. This section applies to signs erected or controlled under § 27-510 of this Part.

Use of Limited Access Highway Right-of-Way Prohibited. A sign may not be erected, maintained or repaired from a portion of a limited access highway right-of-way. Sign owners or others responsible for the erection, maintenance or repair of a sign shall be required to perform these functions from areas maintained or controlled by them; nor may a vehicle be used in conjunction with an activity or be parked or stood within the limited access highway right-of-way.

§ 27-511 Requirements for Uses Permitted by Special Exception.

Preservation of Vegetation. Vegetation located in the highway right-of-way may not be destroyed, damaged, moved or disturbed in maintaining, repairing or erecting a sign.

[Ord. 725-04, 11/8/2004]

Multifamily Development.

Multifamily development is permitted by special exception in the MDR-1 District, subject to the following conditions:

Site Criteria.

Multifamily development shall be connected to the public water and sewer system.

Multifamily development shall be located along arterials or collector streets or have direct access to such streets without having to pass through existing or planned lower-density single-family residential areas.

The minimum tract size is five acres.

Area and Bulk Regulations.

The number of multifamily dwelling units permitted on a tract shall be computed on the following basis:

	Type of Apartment Unit	Minimum Lot Area (square feet per dwelling area)
	Townhouse	4,000
	Low-rise	3,600
	Garden	3,000

In no case shall the product of the area computed by multiplying the number of units by the minimum lot area per dwelling units exceed the total square foot area of the gross tract. Gross tract shall not include existing streets or overhead public utility easements.

Various types of units may be mixed on a single tract, but in no case shall the aggregate sum attained by multiplying the number of individual dwelling units by the minimum lot area exceed the gross tract area as defined in Subsection 1A(2)(b) above.

Existing site amenities shall be preserved. Streams and streamways, rock, outcrops, sloping land over 15% in grade, floodway soils and woodland shall not be encroached by structures, roads or parking areas regardless of densities permitted under Subsection 1A(2). Where significantly large areas of the gross tract area fall into the above categories, the Zoning Hearing Board may relax yards and/or distance between buildings in order to accommodate the number of dwelling units normally permitted, based on calculations outlined in Subsection 1A(2)(a) and (k).

The maximum building coverage for the gross tract area shall not exceed 15%.

Usable common open space devoted to recreational use (not including parking, driveways, and streets) shall be provided at the rate of 1/4 square foot per one square foot of occupied gross floor area.

Apartment buildings shall not exceed three stories or 35 feet in height, whichever is greater.

(h)

Yards in the conventional sense shall be provided only along the perimeter of the tract. Any yard facing existing streets shall be considered a front yard and shall have a minimum depth of 75 feet. All other perimeter yards shall have minimum depth of 50 feet.

(i)

The minimum horizontal distance between apartment buildings shall be:

Two times the average height of the two apartments where front or rear walls face front or rear walls.

One and one-half times the average height of the two apartments where front or rear walls face side walls.

Equal to the height of the highest building for side walls facing side walls.

(j)

The minimum horizontal distance from the front or rear wall of and apartment building to internal development driveways or streets or parking areas shall not be less than:

Type of Apartment Unit	Parking Areas	Driveways
Townhouse	None-25 feet**	20 feet**
Garden	20 feet	40 feet
Low-rise	35 feet	55 feet

Where common parking serves two apartment buildings.

Supplementary Multifamily Regulations.

Townhouse Apartments.

Townhouse apartments shall consist of no less than three nor more than eight dwelling units, except as outlined in Subsection 1B(3)(d) below.

Automobile parking and service shall be provided in the front of a townhouse or as an integral part of the building. Parking shall be provided at a rate of two spaces for each townhouse unit.

Private patio areas shall be provided for each townhouse dwelling unit. Fences, walls or other separations between dwelling units shall be approximately six feet in height.

[Amended by Ord. No. 832-18, 2/26/2018]

Garden Apartments and Low-Rise Apartment Dwellings.

Garden apartments and low-rise apartment dwellings shall not exceed 150 feet in length, except as outlined in Subsection 1B(3)(d) below.

Parking areas and service for garden apartments or low-rise apartments only in the case where through corridors are provided may be consolidated on the front entrance side of garden apartments or one side of the low-rise apartment building.

All Apartment Developments.

The front face of all units shall be landscaped as well as 10% of the required yard areas. A low-rise apartment shall be considered for this purpose as having two front faces.

Required usable open space devoted to recreational use shall be designed and improved and equipped and maintained by the developer in accordance with plans submitted and approved by the Borough Planning Commission.

Common open space which includes land for common use and ownership within the project shall be owned and maintained in accordance with the provisions of Act 247, as amended.

Varying architectural treatments are desired within apartment projects, individual apartments and between dwelling units in a townhouse apartment. Variations may include those of exterior elevations, building setbacks, provision of balconies, architectural details, pitch of roof, exterior materials or use of color. Variety and flexibility in apartment project design and layout and arrangement of buildings and parking areas, services, recreation areas, common open space and planting that fully considers the particular physical characteristics of the site and natural amenities is highly desired.

Parking Regulations.

Number of Spaces. Off-street parking, whether garage or on lot, shall be provided at the rate of two spaces for each multifamily dwelling unit.

Location. Required parking spaces shall be provided within 500 feet of the nearest boundary line of the building served.

[Amended by Ord. No. 832-18, 2/26/2018]

All access drives and parking areas shall be at least 20 feet from all multifamily dwellings (except townhouses) and from exterior lot lines.

Parking areas shall be designed to avoid requiring cars to back onto a public street.

Entrance and exit ways shall have a minimum width of 12 feet for each lane of traffic entering or leaving the site.

All dead-end parking lots shall be designed to provide sufficient backup area for the end stalls of the parking area.

Evergreen plantings shall be provided of sufficient height and density to screen off-street parking from public street view as well as from adjoining residential districts. A planting plan specifying type, size and location of existing and proposed planting material shall be submitted with the application for subdivision approval.

All accessways and parking areas shall be suitably paved with a permanent hard-surface covering.

Entrance and exit ways and interior accessways shall be designed so as to prevent the blocking of vehicles entering or leaving the site.

Drainage.

A storm runoff and drainage system shall be installed by the developer in accordance with sound engineering practice so as to adequately drain the project site, to adequately dispose of all runoff and drainage away from the project site and so as not to permit excess flow of water across streets or adjoining properties. Plans for such drainage system shall be submitted with the application for subdivision approval and shall be subject to approval by the Borough Engineer.

All provisions of Berks County Subdivision Regulations regarding storm drainage shall be complied with.

Construction.

All buildings shall be built to conform with the building regulations as established by the State Department of Labor and Industry and all building regulations of the Borough; and in the case of duplication of such regulations, the more-restrictive shall govern.

(h)

Lighting. Lighting for buildings, accessways and parking areas shall be so arranged as not to reflect toward public streets or cause any annoyance to building occupants or surrounding property owners or residents.

(i)

Storage of Trash and Rubbish. Exterior storage areas for trash and rubbish shall be satisfactorily screened with evergreen plantings, and all trash and rubbish shall be contained in airtight, verminproof containers. Interior storage areas for trash and rubbish shall at all times be kept in an orderly and sanitary fashion.

(j)

Signs for Multifamily Dwellings.

The following signs shall be permitted:

Freestanding temporary real estate signs for advertising the sale or rental of the premises upon which the sign is erected, provided that the total area does not exceed 50 square feet and that there shall be no more than one such sign on any one property on the same street frontage. Temporary real estate signs shall be removed 12 months after building construction is completed.

Directional signs, not to exceed two square feet each, erected within the project itself to direct persons to a rental officer or sample apartment.

Permanent identifying signs for the purpose of indicating the name of the multifamily project and for the purpose of identifying the individual buildings within the project. Not more than one sign for each entrance to the project from a public street to identify the name of the project shall be permitted, and no such signs shall exceed 10 square feet in size. Signs to identify the individual building within the project shall not exceed three square feet in size.

(k)

Site Plan Review and Approval. Multifamily developments shall be deemed to be a subdivision governed by the provisions of the Borough of Hamburg Subdivision and Land Development Ordinance (SALDO), and no zoning permit shall be issued for a multifamily development unless and until the owner thereof has complied with and has obtained any and all final approvals required thereby.

[Amended by Ord. No. 832-18, 2/26/2018]

Residential Clustering.

Clustering of single-family residences is allowed by special exception in the MDR-1 District, subject to the following conditions:

The minimum tract of land shall be 10 acres in size and under single ownership and control.

Connection to both a public water supply and public sewer system is required.

A minimum of 10% of the gross tract acreage shall be provided as common open space, owned and maintained in accordance with the provisions of Act 247. "Common open space" shall not include area devoted to streets or overhead public utility easements.

The minimum lot area requirements and maximum lot coverage are automatically waived in the case of residential clustering.

Gross tract densities shall not exceed six dwelling units per acre. Existing streets and overhead public utility easements shall not be included in calculating gross tract acreage or allowable number of dwelling units.

The developer shall submit plans for the entire tract in single or unified ownership and shall reflect the staging sequences for development of the entire tract. These plans shall be of similar detail as required by the subdivision regulations.

Where variances are requested in minimum yard requirements by the developer, the above subdivision plan shall include a detailed layout of a individual building placement and lot grading on the subdivision plan in sufficient detail to enable evaluation of the effects of yard variations on individual lot privacy, light, air, noise, fire protection, off-street parking, snow removal, etc. The minimum front yard shall not be reduced along any Borough major or collector highway.

All plans shall be submitted to the Borough Planning Commission for written recommendation prior to Zoning Hearing Board action.

Agricultural Activities. All forms of agriculture, horticulture, animal husbandry, nursery, and greenhouses, except intensive agriculture activities including dry lot feed farms, mushroom production, and egg production, are permitted by special exception in the IPR District, subject to the following conditions:

Animal storage structures, pens or open storage of manure shall not be located closer than 300 feet to abutting lot or street lines.

Solid and liquid wastes shall be handled and disposed of in a manner to avoid creating insect or rodent infestations, stream pollution or a public nuisance.

(Reserved)[1]

[1]

Editor's Note: Former Subsection 4, Retail and Service Establishments, was repealed 2/26/2018 by Ord. No. 832-18.

Membership Clubs. Membership clubs, outdoor recreational facilities, private recreation areas, swim and tennis clubs, and sports clubs are permitted by special exception in the MDR-1 District, subject to the following conditions:

No building activity area or parking area shall be located within 100 feet of any street or lot line unless a detailed landscaping plan is presented which, in the opinion of the Board, will adequately screen adjoining properties from view and noise that result from such activity.

Maximum building coverage shall not exceed 20% of the area of the lot.

Any such club shall be incorporated pursuant to the provisions of a membership corporation or unincorporated association approved by the Borough Council and catering exclusively to members and their guests.

Exterior lighting, other than that essential for the safety and convenience of the users of the premises, shall be prohibited. All exterior lighting shall be shielded from the view of all surrounding streets and lots.

Conversion of Existing Structures to Higher Densities. Conversion of existing residential structures to higher densities is allowed in the MDR-1 and MDR-2 Residential Districts by special exception, subject to the following conditions:

The minimum lot area per dwelling unit shall not be less than 2,000 square feet per each dwelling unit.

Conversion is not allowed unless off-street parking is provided on the premises at a rate of two off-street parking spaces per each dwelling unit proposed within the existing structure.

Where off-street parking cannot be accommodated on the lot, shared off-street lots may be permitted at the discretion of the Zoning Hearing Board.

Gasoline Service Stations. Gasoline service stations are permitted by special exception in the BD Business Development District, subject to the following conditions:

Plans are required to be presented detailing traffic flow within the station, points of ingress and egress and probable effects on local traffic flow. Ingress and egress points shall not be located closer than 100 feet to any intersection.

Service station operation shall be limited to sales and minor repairs.

All vehicle and parts storage shall be so designed and located as not to intrude into any required yard. Yard areas adjacent to residential districts shall be suitably screened with a six-foot planting or fence.

[Amended by Ord. No. 832-18, 2/26/2018]

Main or accessory buildings shall not be located closer than 50 feet to any residential district.

All lighting provided shall not produce glare visible to adjoining residences.

Car Wash. Car washes are permitted by special exception in the BD Business Development District, subject to the following conditions:

Automatic, semiautomatic or self-service car washes shall be limited to the service of cleaning or waxing of vehicles and shall be carried out only within an enclosed building.

The lot shall be so graded that process water shall not run off across the lot or onto a public street.

Car washes shall be required to provide a grease trap within their sewer hookup, designed to specifications provided by the Borough Engineer.

Lot area shall be sufficient to provide space for the building required along with access drives and storage area.

Automobile storage or waiting space shall be provided at the rate of not less than five vehicles for each bay in a self-service car wash and not less than 10 vehicles for each space or rated capacity within an automatic or semiautomatic car wash.

All vehicle storage shall be designed and located so as not to intrude into any required yards. Main or accessory buildings shall not be located closer than 50 feet to any residential district.

All lot lines adjoining residential areas shall be adequately screened.

Lighting provided shall not produce glare to adjoining properties.

Hours of operation shall be limited so as not to inconvenience adjoining residential properties during normal sleeping hours.

Residences in Commercial Structures. Residences in commercial structures are permitted by special exception in the VC Borough and Village Center District, subject to the following conditions:

Off-street parking shall be provided at the rate of two parking spaces for each dwelling unit in addition to the commercial parking requirements.

[Amended by Ord. No. 832-18, 2/26/2018]

A minimum area of 500 square feet of lot area shall be provided for the use and enjoyment for each dwelling unit located within the structure.

Group Home.

[Added by Ord. No. 838-18, 8/27/2018]

A group home is permitted by special exception in the VC District, subject to the following conditions:

No more than one group home shall be located in any one dwelling.

The premises where the group home is located shall be owned or leased by the sponsoring Pennsylvania licensed nonprofit social service agency.

A licensed physician, licensed psychologist, counselor or social worker in the employ of or under contract to the sponsoring agency shall be responsible for the assignment of residents to the group home.

By design and intent, the group home shall provide for the long-term housing needs of its residents, not for the needs of transient individuals, to the extent that a resident shall reside for at least six consecutive months except in the event of an emergency or special circumstances approved by the Zoning Officer.

No fewer than one and no more than two live-in supervisors shall reside in the group home, and at least one of those supervisors shall be on the premises during all hours in which any resident of the group home is on the premises.

The dwelling unit shall not be altered in any manner that would change the single-family dwelling character of the group home.

One off-street parking space shall be provided for each supervisor assigned to the group home.

The Pennsylvania licensed nonprofit social service agency shall document to the Borough that all plumbing, heating, electrical, sanitary sewer, storm sewer and similar facilities meet the applicable ordinances, rules, regulations and laws of the municipality and/or the Commonwealth of Pennsylvania.

Such use shall not adversely affect the character of the general neighborhood, nor the conservation of property values, nor the health and safety of residents or workers on adjacent properties and in the general neighborhood, nor the reasonable use of neighboring properties.

Such use shall be of such size and so located and laid out in relation to its access streets that vehicular and pedestrian traffic to and from such use will not create undue congestion or hazards prejudicial to the general neighborhood. The surrounding streets shall be sufficient to accommodate any expected increase in traffic generated by the proposed use.

§ 27-512 Standards for Outdoor Advertising.

The proposed use shall not have an adverse effect upon the logical and economic extension of public services and facilities, such as public water, sewer, police and fire protection, and public schools.

[Ord. 725-04, 11/8/2004; as amended by Ord. 744-06, 11/27/2006, §§ 5, 6]

Directional and Official Signs.

Application. This section applies to official signs and directional signs that are erected and maintained within 660 feet of any highway, road or street located within the Borough.

Standards for Directional Signs. The following apply only to directional signs.

General. The following signs are prohibited:

Signs advertising activities that are illegal under federal or state law or Borough ordinances or regulations applicable for the location of those signs or the location of those activities.

Signs that obscure or otherwise interfere with the effectiveness of an official traffic sign, signal or device or obstruct or interfere with the driver's view of approaching, merging or intersecting traffic.

Signs that are erected or maintained upon trees or painted or drawn upon rocks or other natural features.

Obsolete signs.

Signs that are structurally unsafe or in disrepair.

Size. The size of each directional sign shall conform with the following:

Sign may not exceed the following limits:

Maximum area: three square feet.

Maximum height: 20 feet.

Maximum length: 20 feet.

Dimensions include border and trim but exclude supports.

Lighting. Directional signs may be illuminated, subject to the following:

Directional signs that contain, include or are illuminated by a flashing, intermittent or moving light are prohibited.

Directional signs that are not effectively shielded so as to prevent beams or rays of light from being directed at a portion of the traveled way, or which are of such intensity or brilliance as to cause glare or to impair the vision of the driver of a motor vehicle, or which otherwise interfere with a driver's operation of a motor vehicle are prohibited.

Directional signs may not be so illuminated as to interfere with the effectiveness of or obscure the visibility of an official traffic sign, device or signal.

Directional signs shall be illuminated by lighting at the top of the sign directed downward so as to minimize the effect of the illumination in the surrounding area.

Spacing. Requirements for spacing shall be as follows:

Each location of a directional sign shall be approved by the Code Enforcement Officer.

Two directional signs facing the same direction of travel may not be spaced less than 500 feet apart.

Not more than three directional signs pertaining to the same activity and facing the same direction of travel may be erected along a single route approaching the activity.

Message Content. The message on directional signs shall be limited to the identification of the attraction or activity and directional information useful to the traveler in locating the attraction, such as mileage, route number or exit number. Descriptive words or phrases and pictorial or photographic representations of the activity or its environs are prohibited.

Selection Methods and Criteria. Selection methods and criteria shall include:

Privately owned activities or attractions eligible for directional signs are limited to the following: natural phenomena, scenic attractions, historic, educational, cultural, scientific and religious sites and outdoor recreational areas.

To be eligible, privately owned attractions or activities shall be nationally or regionally known and of outstanding interest to the traveling public.

On-Premises Signs.

Application. This section applies to signs that advertise the sale or lease of the premises on which they are located or advertise activities conducted on the premises on which they are located.

General Provisions. A on-premises sign may not be erected or maintained in a manner inconsistent with the following criteria:

A on-premises sign may not be permitted that attempts or appears to attempt to direct the movement of traffic or which interferes with, imitates or resembles an official traffic sign, signal or device.

A on-premises sign may not be permitted which prevents the driver of a vehicle from having a clear and unobstructed view of official signs and approaching or merging traffic.

A on-premises sign may not be permitted that contains, includes or is illuminated by a flashing, intermittent or moving light or lights.

Lighting may not be permitted to be used in any way in connection with any sign unless it is so effectively shielded as to prevent beams or rays of light from being directed at any portion of the main traveled way, or is of such low intensity or brilliance as not to cause glare or to impair the vision of the driver of any motor vehicle, or to otherwise interfere with any driver's operation of a motor vehicle.

A on-premises sign may not be permitted to be erected or maintained upon trees or painted or drawn upon rocks or other natural features.

(Reserved)[1]

[1]

Editor's Note: Former Subsection 3, Off-Premises Signs, and Subsection 4, Permits, were repealed 2/26/2018 by Ord. No. 832-18.

(Reserved)

Penalty For Violation of § 27-512.

Penalty. The penalty for violation of § 27-512 shall be as follows:

Except as provided in Subsection 5B below, if a landowner or sign owner or their employees or agents violate a provision of this section, the permit for the sign shall be revoked and the sign owner shall be required to remove the sign within 30 days thereafter.

If a sign permit is revoked under this section, a permit will not be issued to the sign owner for a sign within 500 feet of the original sign; nor will a permit be issued to another person for a sign within 500 feet of the original sign for a period of one year from the removal of the original sign.

Payment in Lieu of Removal. Payment in lieu of removal shall include:

In the case of a first offense, the Zoning Officer will, in lieu of removal of the sign under § 27-512, Subsection 5A(1), accept payment of $100 for violation of Subsection 4G(2), or double the value of the vegetation for violation of Subsection 4G(3).

§ 27-513 Standards for Temporary Portable Storage Units.

If the Zoning Officer accepts payment in lieu of removal under Subsection 5B, the owner of the sign will be required to post a bond, in form acceptable to the Zoning Officer, to guarantee payment of removal costs of the sign in the event of a subsequent violation of this section with reference to the sign.

In additional to the penalties set forth above, the Borough shall have the right to commence a civil action against any sign owner or their employees or agent for a violation of § 27-512 with the penalties set forth in §§ 27-703 and 27-704 of this Part and the enforcement provisions of the Pennsylvania Municipalities Planning Code.

Grounds for Denial of Permit. The Zoning Officer will deny a permit for an advertising device (sign) if he/she determines that the sign cannot be serviced in a feasible manner except from the right-of-way of a limited access highway, or that the sign would not be visible from the highway without destruction, damage, removal or disturbance of vegetation in the highway right-of-way.

Hearing. A person notified of the revocation or denial of a permit under § 27-512 shall be granted a hearing before the Zoning Hearing Board to review the revocation or denial of the permit, if a request is made within 20 days of the date of the notice revoking or denying the permit. A request for a hearing shall operate to stay the revocation of a permit pending disposition of the hearing.

[Ord. 725-04, 11/8/2004]

The use of a temporary portable storage unit shall be permitted in all zoning districts within the Borough subject to the regulations set forth under this Section.

No more than two temporary portable storage units sometimes referred to as PODS (Portable On Demand Storage Units) may be located on a single property at one time.

The temporary portable storage unit shall not be located on any public streets, unless specific approval has been secured from the Borough Zoning Officer/Building Inspector.

The temporary portable storage unit may not be located within the front yard of the property of the property unless no other reasonable alternative exists and the location will not restrict vehicular sight distance particularly at street intersections or at a driveway entrance.

The location of any temporary portable storage unit shall also not encroach into any required side or rear yard.

The property owner will be required to secure a temporary zoning permit for the use of a temporary portable storage unit. The permit to be issued by the Borough Zoning Officer/Building Inspector will be valid for a time period of 10 calendar days at which time the temporary portable storage unit must be removed from the property.

§ 27-514 Standards for Rehabilitation Centers.

[Ord. 758-08, 9/22/2008]

The use of a rehabilitation center, as defined under Part 2, § 27-202, of this Chapter, is permitted in the VC Borough and Village Center Zoning District within the Borough, subject to the regulations set forth under this section.

All rehabilitation centers shall be licensed by the appropriate local and state regulatory agencies prior to occupancy and at all times thereafter.

All rehabilitation centers, whether or not the rehabilitation center is the result of new construction or reuse of an existing building, shall be designed and operated in accordance with the following general standards and requirements:

Unless otherwise directed by the Zoning Officer and in addition to the application required by § 27-705A herein, a site plan or land development plan shall be submitted to the Zoning Officer upon application for a zoning permit, which is accurately prepared to a scale of one inch equaling 20 feet. The site plan or land development plan shall show the location and the dimensions of the rehabilitation center, off-street parking areas, private entrances, walkways, fencing and landscaping.

Unless otherwise directed by the Zoning Officer and in addition to the application required by § 27-705A herein, an architectural plan shall be submitted to the Zoning Officer upon application for a zoning permit, which is accurately prepared to a scale of 1/8 inch equaling one foot. The architectural plan shall show the dimensions, intended use and square footage of the entire structure.

Where appropriate, the rehabilitation center shall provide a twenty-five-foot-wide buffer yard and planting screen along the property lines at the perimeter of the premises to enhance the privacy of adjacent property owners and protect them from inappropriate noise, light and other disturbances emanating from the rehabilitation center. The design of the landscape and planting screen shall be subject to the approval of the Borough Council. In the event of a determination, in the sole discretion of Borough Council, that the compliance with this section by a rehabilitation center is inappropriate, then the rehabilitation center shall install a wall or fence along the property lines at the perimeter of the premises.

All means of ingress and/or egress shall be located and designed to accommodate traffic in a safe and efficient manner.

The rehabilitation center shall provide suitable areas for loading spaces, fire lanes and emergency vehicles, which shall be designed to comply with the provisions specified in Part 5, § 27-506, of this Chapter. All proposed areas designated for the loading or unloading of emergency response vehicles, buses and/other service vehicles shall be planned and arranged so they may be utilized without interfering with traffic circulation and parking facilities.

Exterior storage areas for trash and rubbish shall be properly screened with secured fencing and landscaping materials. All containers shall be airtight, verminproof and have adequate storage capacity to accommodate the projected volumes of solid waste emanating from the rehabilitation center. No such storage area shall be permitted within 50 feet from any lot line.

No rehabilitation center shall be located within 1,000 linear feet of another rehabilitation center, church, family day care, group day care, group care facility or school.

One off-street parking space shall be provided per employee, initially computed on the basis of the estimated maximum number of employees that could be present at any given time, plus one space for each four patient/client beds within the rehabilitation center. This minimum amount must be maintained at all times.

There shall be a minimum of 50 square feet of floor space and 450 cubic feet of air space per each patient/client sleeping area in the rehabilitation center, exclusive of office space, sanitary facilities, storage space and other auxiliary rooms.

There shall be no more than one kitchen or cooking facility in the rehabilitation center. Accordingly, there shall be no separate cooking facilities included in the individual rooms for patients/clients of the rehabilitation center.

The rehabilitation center shall provide copies of all licenses from the necessary and appropriate state and local agencies governing the rehabilitation center to the Zoning Officer prior to occupancy and as such licenses are renewed thereafter.

An emergency management plan for the rehabilitation center shall be developed in the event of a catastrophic event resulting from flooding, snow, fire, ice, earthquake, utility outage or other catastrophic event prior to occupancy. The emergency management plan shall be submitted to the Zoning Officer prior to the issuance of the occupancy permit. Upon occupancy, the rehabilitation center shall provide a copy of the emergency management plan to the social workers and patients/clients of the rehabilitation center and the Borough EMA Director.

The Borough Council of the Borough may require the installation and implementation of certain security provisions at the premises of the rehabilitation center as it may deem necessary and appropriate for the safety of the surrounding and nearby residents and property owners. Such security provisions may include but not be limited to fencing, outdoor lighting, audible alarms and twenty-four-hour security personnel.

All rehabilitation centers shall be subject to inspections by the Zoning Officer, Borough Code Enforcement Officer and Borough Sewage Enforcement Officer, as deemed necessary by such officer.

§ 27-515 Standards for Correctional Facilities.

[Ord. 771-09, 9/28/2009, § 8]

The use of a correctional facility, as defined under Part 2, § 27-202, of this Chapter, is permitted in the BD Business Development Zone — Commercial/Industrial Zoning District within the Borough subject to the regulations set forth under this Section.

The correctional facility shall comply with all applicable codes and regulations and shall have, current and in effect, the appropriate state licenses at all times.

No correctional facility shall be located within 1,000 feet from another correctional facility, rehabilitation center or group care facility.

No correctional facility shall be located within 500 feet from a residential zoning district or use.

No correctional facility shall be located within 500 feet of a school, church, playground, park, camp, community center, child care facility or other area where minor children assemble or congregate.

The minimum lot area for a correctional facility shall be seven acres.

The maximum building coverage shall not exceed 75% of the total land area of the lot.

Off-street parking shall be in an amount of one space per employee on the largest shift and 1 1/2 spaces per resident bed or one space per 300 square feet of building area, whichever is greater.

Commercial outdoor signs shall be prohibited. Identification and directional signs shall be allowed as authorized in this Zoning Ordinance.

§ 27-516 Vehicle Recycling Facilities, Towing and Impound Yards, and Outside Storage Facilities.

The correctional facility shall provide a twenty-five-foot-wide buffer yard and opaque screen on the exterior of the fencing or wall along the property lines at the perimeter of the lot to enhance the privacy of adjacent property owners and protect them from inappropriate noise, light and other disturbances emanating from the correctional facility. The design of the landscape and screen shall be subject to the approval of the Borough Council.

11.

All means of ingress and/or egress shall be located and designed to accommodate traffic in a safe and efficient manner.

12.

The correctional facility shall provide suitable areas for loading spaces, fire lanes and emergency vehicles, which shall be designed to comply with the provisions specified in Part 5, § 27-506, of this Chapter. All proposed areas designated for the loading or unloading of emergency response vehicles, buses and/other service vehicles shall be planned and arranged so they may be utilized without interfering with traffic circulation and parking facilities.

13.

Exterior storage areas for trash and rubbish shall be properly screened with secured fencing and landscaping materials. All containers shall be air-tight, verminproof and have adequate storage capacity to accommodate the projected volumes of solid waste emanating from the correctional facility. No such storage area shall be permitted within 50 feet from any lot line.

14.

An emergency management plan for the correctional facility shall be developed in the event of a catastrophic event resulting from flooding, snow, fire, ice, earthquake, utility outage or other catastrophic event prior to occupancy. The emergency management plan shall be submitted to the Zoning Officer prior to the issuance of the occupancy permit.

15.

The Borough Council shall attach to any approval conditions ensuring appropriate security measures, including, but not limited to, fencing or other barriers, cameras, lighting, guards, sign-in and sign-out sheets, curfews for residents, guard dogs, sirens and direct alarms with the Hamburg Police Department.

16.

The facility shall be built, maintained and operated so as to avoid potentially adverse influences and impacts upon surrounding properties and the general health, safety and welfare.

[Added by Ord. No. 832-18, 2/26/2018]

Purpose and Intent. The purpose of this section is to provide specific requirements for vehicle recycling facilities and towing and impound yards in the Borough in the following manner:

The requirements and standards set forth below are meant to mitigate the substantial impacts of vehicle recycling facilities and towing and impound yards.

The requirements are designed to improve the aesthetics, general appearance and function of the vehicle recycling facilities, towing and impound yards and outside storage facilities.

These design standards are designed to provide screening of all storage areas.

Definitions. As used in this section, the following terms shall have the meanings indicated:

TOWING AND IMPOUND YARD

The temporary storage of vehicles that have been towed, carried, hauled, or pushed from public or private property for impoundment in a public or private impound yard. This use does not include "automotive sales and service" or "vehicle recycling facility."

VEHICLE RECYCLING FACILITY

The outside storage of, or use of property as a storage yard for, operative or inoperative automobiles or trucks; or a junk yard, salvage yard, tow truck service, or wrecker service, which may include, but is not limited to:

The outside storage of two or more used vehicles, or used vehicle parts regardless of completeness, operational ability, condition, time frame, or reasons; or

Storage of any number of used vehicles or used vehicle parts for the purpose of dismantling, stripping, salvaging or selling all or part of the vehicle, except that the storage of any number of vehicles or equipment within the confines of an enclosed building shall not constitute a vehicle recycling facility and shall not be required to comply with the design guidelines and site requirements of this section. All other site requirements of the underlying zone in which the facility is located will apply. Notwithstanding any provisions of this section to the contrary, "vehicle recycling facility" does not include "automotive sales and service" as otherwise defined in this chapter.

Licenses and Permits. It shall be unlawful for any person to conduct, maintain or operate a vehicle recycling facility, towing and impound yard, or outside storage facility within the Borough unless such person shall first obtain conditional use approval, comply with all the standards and conditions required by such conditional use approval, and comply with all other required Borough, county, state and federal regulations.

Standards.

Vehicle recycling facilities, towing and impound yards, and outside storage facilities are uses allowed only within the BD Overlay District Zone and shall be allowed only as a conditional use approved by the Borough Council. The Borough Council may set conditions as necessary.

All vehicle recycling facilities, towing and impound yards, and outside storage facilities shall comply with all Borough ordinances and standards and county, state and federal laws.

Development plans shall be submitted for review by the Borough Council and the standards that follow.

Site Design and Environmental Standards:

All vehicle recycling facilities, towing and impound yards, and outside storage facilities shall be surrounded by a seven-foot visual barrier fence for all frontages along a public street. An eight-foot visual barrier fence is required on the exterior property lines, except that the common boundary with another vehicle recycling facility, towing and impound yard, or outside storage facility may be marked with a chain-link barrier fence. These visual barriers may be increased in style, height or durability as determined by the Borough Council. The visual barrier shall be painted or constructed of one color and material providing a consistent appearance. The intent of this requirement is to screen the vehicle storage areas from outside of the property, and the fence may need to be modified by the Borough Council due to the specific topography to accomplish that result. Notwithstanding the above requirements, parking areas for customers, employees, and vehicle sales are not required to be behind a visual barrier fence.

All vehicle recycling facilities, towing and impound yards, and outside storage facilities shall hard-surface the entire vehicle storage parking and maneuvering areas with concrete, asphalt or approved engineered dustless surface.

All vehicle recycling facilities, towing and impound yards, and outside storage facilities shall be located on a properly drained site that is properly graded to ensure rapid drainage and to ensure that the site remains free from stagnant pools of water. Properties shall provide a site drainage plan and grading plan with adequate facilities to dispose of any runoff and any contaminants by a method that is approved by the Berks County Conservation District, Planning Commission, Borough Engineer and Hamburg Borough Council.

All vehicle recycling facilities, towing and impound yards and outside storage facilities shall provide the Borough with a fluid drainage and disposal plan that complies with all federal, state and local standards.

The construction or operation of the vehicle recycling facility, towing and impound yard, or outside storage facility shall not add to the contamination of the soil, alter groundwater flow, create additional drainage runoff or alter topography in such a way that creates hazards to the proposed site, adjoining properties, or the Borough.

Vehicle recycling facilities shall construct and maintain a permanent primary building. Primary buildings shall be constructed of masonry along the front/street frontage. Secondary storage buildings may be constructed of other materials as approved by the Borough Council.

Permanent landscaping shall be designed and installed that complies with the requirements of the Borough Council. Landscaping design shall be reviewed by the Borough Council as part of the conditional use review. No vehicles shall be parked or displayed within the areas designated for landscaping.

Each vehicle recycling facility, towing and impound yard, or outside storage facility shall provide adequate off-street customer and employee parking that complies with the standards of off-street parking requirements. Customer parking must be separate from the vehicle storage area and accessible from the public road without being restricted with fences or gates. Operable licensed vehicles being displayed for sale shall be located in a separate designated area and are not required to be screened with a visual barrier.

Vehicle recycling facilities, towing and impound yards, and outside storage facilities shall provide a vehicle parking plan that demonstrates that the stored vehicles or partial vehicles are stored in a unified, organized manner. A minimum of a twenty-foot-wide drive accessway with a forty-four-foot-wide outside turning radius shall be provided between every two rows of vehicles to facilitate emergency vehicles and tow vehicles. When fire hydrants are provided at the accessways, the width of the road shall be 28 feet wide for a minimum of 20 feet on both sides of the fire hydrant.

Vehicles shall not be stacked. Only one vehicle height shall be permitted within the vehicle storage areas.