Except as provided by law or in this chapter, in each district no building, structure or land shall be used or occupied except for the purposes permitted in § 170-82 and for the zoning districts so indicated.
B.
A use listed in § 170-82 is permitted as a special exception in any district denoted by the letters "SE," provided the Zoning Hearing Board authorizes the issuance of a zoning permit by the Zoning Officer, subject to the requirements of § 170-15 and such further conditions as said Board may impose to insure the protection of adjacent uses, or the health, safety and general welfare.
C.
A use listed in § 170-82 is permitted as a conditional use in any district denoted by the letters "CU," provided the governing body, having received a recommendation from the Planning Commission, grants the conditional use subject to the express standards set forth in § 170-16 and such further conditions that the governing body may impose to insure the protection of adjacent uses, or the health, safety or general welfare.
E.
On any parcel or tract of land only one principal use shall be permitted
except where specifically permitted by this chapter.
A.
Uses permitted by right or as special exception or conditional uses
shall be subject, in addition to use regulations, to such regulations
of yard, lot size, lot width, building area, easements, provisions
for off-street parking and loading, and to such other provisions as
are specified in other sections hereof.
B.
The conversion of an existing structure to a permitted nonresidential use in a zoning district shall be permitted, provided the character of the existing structure is maintained, the parking and other requirements for the particular use are met, and the buffer requirements of § 170-87 are met. A new zoning permit is required each time a structure is converted to a different nonresidential use.
See the Table of Use Regulations included as an attachment to this chapter.
A.
Agricultural uses.
(1)
A-1 Forestry. To encourage maintenance and management of forested
or wooded open space and promote the conduct of forestry as a sound
and economically viable use of forested land throughout the Borough,
forestry activities, including timber harvesting, shall be a permitted
use by right in all zoning districts. The following regulations apply
to all timber harvesting within the Borough where the value of the
trees, logs, or other timber products removed exceeds $1,000. These
provisions do not apply to the cutting of trees for the personal use
of the landowner or for precommercial timber stand improvement.
(a)
FELLING
FORESTRY
LANDING
LANDOWNER
LITTER
LOP
OPERATOR
PRECOMMERCIAL TIMBER STAND IMPROVEMENT
SKIDDING
SLASH
STAND
STREAM
TIMBER HARVESTING, TREE HARVESTING, or LOGGING
TOP
WETLAND
Definitions. The following terms shall have the meanings given
in this section:
The act of cutting a standing tree so that it falls to the
ground.
The management of forests and timberlands when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes, which does not involve any land development.
A place where logs, pulpwood, or firewood are assembled for
transportation to processing facilities.
An individual, partnership, company, firm, association, or
corporation that is in actual control of forest land, whether such
control is based on legal or equitable title, or any other interest
entitling the holder to sell or otherwise dispose of any or all of
the timber on such land in any manner, and any agents thereof acting
on their behalf, such as forestry consultants, who set up and administer
timber harvesting.
Discarded items not naturally occurring on the site such
as tires, oilcans, equipment parts, and other rubbish.
To cut tops and slash into smaller pieces to allow material
to settle close to the ground.
An individual, partnership, company, firm, association, or
corporation engaged in timber harvesting, including the agents, subcontractors,
and employees thereof.
A forest practice, such as thinning or pruning, which results
in better growth, structure, species composition, or health for the
residual stand but which does not yield a net income to the landowner,
usually because any trees cut are of poor quality, too small or otherwise
of limited marketability or value.
Dragging trees on the ground from the stump to the landing
by any means.
Woody debris left in the woods after logging, including logs,
chunks, bark, branches, uprooted stumps, and broken or uprooted trees
or shrubs.
Any area of forest vegetation whose site conditions, past
history, and current species composition are sufficiently uniform
to be managed as a unit.
Any natural or artificial channel of conveyance for surface
water with an annual or intermittent flow within a defined bed and
bank.
That part of forestry involving cutting down trees and removing
logs from the forest for the primary purpose of sale or commercial
processing into wood products.
The upper portion of a felled tree that is not merchantable
because of small size, taper, or defect.
Areas that are inundated or saturated by surface or groundwater
at a frequency and duration sufficient to support, and that under
normal circumstances do support, a prevalence of vegetation typically
adapted for life in saturated soil conditions, including swamps, marshes,
bogs, and similar areas.
(b)
No timber harvesting shall occur until notice has been provided
to the Borough. Notification shall be in writing and shall specify
the land on which harvesting will occur, the expected size of the
harvest area, and, as applicable, the anticipated starting or completion
date of the operation.
(c)
Every landowner on whose land timber harvesting is to occur
shall prepare a written logging plan in the form specified by this
chapter. No timber harvesting shall occur until the plan has been
prepared. The provisions of the plan shall be followed throughout
the operation. The plan shall be available at the harvest site at
all times during the operation and shall be provided to the Borough
enforcement officer upon request.
(d)
Contents of logging plan:
[1]
Design, construction, maintenance, and retirement of the access
system, including haul roads, skid roads, skid trails and landings;
[2]
Design, construction, and maintenance of water control measures
and structures such as culverts, broad-based dips, filter strips,
and water bars;
[3]
Design, construction, and maintenance of stream and wetland
crossings;
[4]
The general location of the proposed operation in relation to
municipal and state highways, including any accesses to those highways;
[5]
A sketch map or drawing containing the following information:
site location and boundaries, including both the boundaries of the
property on which the timber harvest will take place and the boundaries
of the proposed harvest area within that property; significant topographic
features related to potential environmental problems; location of
all earth disturbance activities, such as roads, landings, and water
control measures and structures; location of all crossings of waters
of the commonwealth; and the general location of the proposed operation
to municipal and state highways, including any accesses to those highways.
[6]
Compliance with the requirements of all applicable state regulations, including but not limited to erosion and sedimentation control regulations contained in Title 25 Pennsylvania Code, Chapter 102, promulgated pursuant to The Clean Streams Law; and stream crossing and wetlands protection regulations contained in Title 25 Pennsylvania Code, Chapter 105, promulgated pursuant to the Dam Safety and Encroachments Act.
(e)
Felling or skidding on or across any public thoroughfare is
prohibited without the express written consent of the Borough or the
Pennsylvania Department of Transportation, whichever is responsible
for maintenance of the thoroughfare.
(f)
No tops or slash shall be left within 25 feet of any public
thoroughfare or private roadway providing access to adjoining residential
property.
(g)
All tops and slash between 25 feet and 50 feet from a public
roadway or private roadway providing access to adjoining residential
property or within 50 feet of adjoining residential property shall
be lopped to a maximum height of four feet above the ground.
(h)
No tops or slash shall be left on or across the boundary of
any property adjoining the operation without the consent of the owner
thereof.
(i)
Litter resulting from a timber harvesting operation shall be
removed from the site before it is vacated by the operator.
(j)
Pursuant to Title 75 of the Pennsylvania Consolidated Statutes,
Chapter 49; and Title 67 Pennsylvania Code, Chapter 189, the landowner
and the operator shall be responsible for repairing any damage to
Borough roads caused by traffic associated with the timber harvesting
operation to the extent the damage is in excess of that caused by
normal traffic, and may be required to furnish a bond to guarantee
the repair of such damages.
(k)
The Borough enforcement officer may go upon the site of any
timber harvesting operation before, during, or after active logging
to:
(l)
Any landowner or operator who violates any provision of this
subsection; refuses to allow the Borough enforcement officer access
to a harvest site; or who fails to comply with a notice of violation
or suspension order is guilty of a summary offense and, upon conviction,
shall be subject to a fine of not less than $100 nor more than $300,
plus costs, for each separate offense. Each day of continued violation
of any provisions of this section shall constitute a separate offense.
B.
Residential uses.
(1)
B-1 Single-family detached dwelling: a single-family detached dwelling
on an individual lot with private yards on all sides of the house
and with no public or community open space. Detached dwellings may
include dwellings constructed on the lot, prefabricated dwellings,
manufactured dwellings, modular dwellings and mobile homes.
(a)
No more than one single-family detached dwelling shall be placed
on a lot, and such detached dwelling shall be occupied by not more
than one single-family.
(2)
B-2 Two-family dwelling: a detached or semidetached building where
not more than two individual family dwelling units are entirely separated
by vertical walls or horizontal floors, unpierced except for access
to the outside or to a common cellar.
(3)
B-3 Multifamily dwelling: structures which contain three or more
dwelling units, including townhouses, row houses, garden apartments
or quadruplex units or high-rise units for the elderly or other designations.
(a)
Each dwelling unit in such a structure shall be designed for
occupancy of families living independently of each other.
(b)
Minimum lot area: 20,000 square feet.
(c)
Performance standards:
|
Maximum Building
Height in Stories
|
Maximum Building
Coverage
|
Units Per Net Acre
| ||
|---|---|---|---|---|
|
Townhouses or row houses
|
2.5
|
45%
|
14
| |
|
Garden apartments
|
3.0
|
45%
|
16
| |
|
High rise for the elderly
|
8.0
|
35%
|
60
|
(d)
Such dwelling structures shall be served with adequate public
water and sewer systems.
(e)
Yard planting and screening, as per § 170-87 shall be provided to effectively screen off any adjoining uses.
(f)
High-rise units for the elderly shall be designed for use primarily
(65% or greater) by handicapped persons or persons at least 62 years
of age.
(g)
Any proposed development with 10 or more dwelling units shall
be provided with usable open space suitably designed and maintained
for use as outdoor recreation space for residents in amounts not less
than 250 square feet per dwelling unit.
(4)
B-4 Mobile home parks: includes the coordinated development, under
single ownership, which is planned and will be improved for the placement
of mobile homes occupied for dwelling purposes.
(a)
All applicable mobile home park provisions of Chapter 153, Subdivision and Land Development, as presently enacted and as may be amended.
(b)
All requirements of the Pennsylvania Department of Environmental
Protection and other applicable agencies shall be met.
(c)
All mobile home parks shall be served with public water and
sewer facilities.
(d)
There shall be a minimum distance of 25 feet between mobile
homes.
(e)
The overall net project density shall not exceed nine dwelling
units per net residential acre.
(f)
Twenty percent of the site shall be set aside in open space,
and 1/2 of that amount shall be usable recreation area.
(g)
Minimum tract road frontage width shall be 300 feet.
(h)
Twenty-foot-wide buffer yard areas shall be provided along all perimeter property lines, and the area shall be screened in accordance with § 170-87.
(i)
Minimum lot area: three acres.
(5)
B-5 Rooming house or boardinghouse: a building containing one or
more dwelling accommodations in which at least two rooms are offered
for rent to adults ages 18 years or older, payable in money or other
consideration, whether or not meals are furnished to occupants, and
in which no transients are accommodated and no public restaurant is
maintained. This use does not include a school or college dormitory,
fraternity or sorority house, membership club with residents and other
similar uses.
(6)
B-6 Group home: includes a group of persons, some or all of whom
are not related by blood, marriage, legal adoption or foster placement,
living together as a single housekeeping unit in a residential dwelling
unit, but not including group care facilities.
(a)
The minimum separation between group homes shall be 1,200 feet,
as measured from the closest property lines.
(b)
There shall be no sign or other exterior indication of a group
home visible from a street.
(c)
The use shall not generate pedestrian or vehicular traffic or
parking in excess of what is characteristic of the district in which
it is located.
(d)
A group home use shall be licensed or certified under applicable
federal, state or county programs.
C.
Religious, educational, recreational and institutional uses.
(2)
C-2 School: A school shall be limited to a private school, religious
or nonreligious, public school or a college or university, operated
by a public or quasi-public institution, which is not conducted as
a private, gainful business as a commercial school and is licensed
under the proper governmental authority, provided that:
(a)
The minimum lot area for elementary schools, junior high schools,
middle schools or high schools shall meet the minimum requirements
of the Pennsylvania State Board of Education.
(c)
No children's play equipment, basketball courts or illuminated
recreation facilities shall be within 50 feet of a residential lot
line.
(d)
Outdoor play areas shall be screened so as to protect adjacent
residential neighborhoods from inappropriate noise and other disturbances.
(f)
There shall be no outdoor storage of buses on the property.
(3)
C-3 Commercial school: Such use shall include a trade, professional,
music or dancing school, provided:
(a)
A trade school that includes an outdoor athletic field, court,
or play area shall be screened so as to protect adjacent residential
neighborhoods from inappropriate noise and other disturbances and
shall be no closer than 50 feet from a residential lot line.
(4)
C-4 Library or museum: Such use shall be limited to a library or
museum open to the public or connected with a permitted educational
use and operated by a public or quasi-public institution.
(5)
C-5 Recreational facility: public park, nature preserve or outdoor
recreation area, owned and operated by the Borough, county, state
or federal government, subject to the following:
(a)
No outdoor active recreational area shall be located nearer
to any lot line than 15 feet, unless the adjacent property is preserved
open space or park land.
(b)
A planted buffer 10 feet in width shall be provided where the
use abuts existing residences or where properties that adjoin are
zoned for residential use and are not preserved open space or park
land.
(c)
Minimum lot area shall be 10,000 square feet.
(d)
This use shall not include a shooting range or target or gun
club.
(6)
C-6 Athletic facility: This use shall be limited to a commercial
athletic recreational facility owned or operated by a nongovernmental
agency and shall be limited to the following uses and facilities related
thereto: fitness club or athletic training center, dance or gymnastics
studio; tennis, racquetball, or squash club, and shall be subject
to the following:
(a)
A minimum lot size of 30,000 square feet is required.
(b)
This use shall not permit amusement parks, shooting range or
target or gun club, or any other activity specifically listed by this
chapter as commercial recreation and entertainment or recreational
facility.
(c)
No outdoor active recreational area shall be located nearer
to any lot line than 25 feet.
(d)
A planted buffer 10 feet in width shall be provided where the
use abuts existing residences or land zoned residential.
(7)
C-7 Private organization or community center: a building and related
facilities used for fraternal, educational, social, cultural or recreational
activities, owned or operated by a corporation, association or group
of individuals, or by an educational, philanthropic, governmental
or religious institution.
(a)
The use shall not be conducted as a private gainful business.
(b)
No outdoor recreational area shall be located nearer to any
lot line than 15 feet.
(c)
In residential districts, private organizations and community
centers shall be limited to those operated by groups which do not
provide dining services and/or the service of alcoholic beverages.
(d)
The minimum lot area shall be 6,000 square feet in the R-1 and
R-2 Zoning Districts, but in all other districts the minimum lot size
shall be 10,000 square feet.
(8)
C-8 Day-care center: day-care center for four or more children providing
out-of-home care for part of a twenty-four-hour day to children under
16 years of age, excluding care provided by relatives and care provided
by places of worship during religious services, subject to the following
additional provisions:
(a)
The facility shall meet all applicable design, site and area
standards of the Pennsylvania Department of Public Welfare, Day-Care
Division.
(b)
Buffer yards shall be provided if the use is located within
a residential district or adjacent to a residential use or district.
(c)
No portion of a child-care facility shall be located within
a three-hundred-foot distance from any potentially hazardous land
use, activity, or natural condition of land, water or any other element
which could pose a threat to the safety and welfare of the children,
staff and other occupants at the facility. Hazardous land uses or
activities include, but shall not be limited to, gasoline service
stations, heavy industrial operations, storage of flammable or high-pressure
materials, flammable or high-pressure underground pipelines, truck
or rail loading areas, etc. Determination of a hazardous land use
shall be that of the Zoning Officer. All child-care facilities shall
provide adequate fencing to contain all children upon the property,
as approved by the Borough.
(d)
Whenever possible, a dropoff area shall be located immediately
adjacent to the facility. The dropoff area should be designed in such
a way that pedestrians do not cross vehicular traffic lanes in any
parking area or driveway. The dropoff area may be designed either
as a part of the on-site parking area or as a part of a driveway providing
direct access to the facility. When the dropoff area is incorporated
into the on-site parking area, the parking spaces nearest to the facility
shall be designated as dropoff spaces. When the dropoff area is incorporated
into a driveway, the dropoff spaces shall be located within a vehicle
turnout area 12 feet in width exclusive of the driveway through traffic
lane(s).
(9)
C-9 Adult day-care center: a facility providing care for the elderly
and/or functionally impaired adults in a protective setting for a
portion of a twenty-four-hour day, subject to the following provisions:
(a)
When a license is required by the state, proof of licensing
shall be presented with the application for the conditional use approval.
Day-care centers exempt from state licensing requirements shall provide
proof of exemption.
(b)
The day-care center shall be screened from adjacent properties
with a fence or vegetative buffer, and an adequate fenced area shall
be provided.
(c)
Site design and supervision characteristics shall ensure the
safety of the users.
(d)
An adult day-care center shall not be located closer than 500
feet to any other adult or child day-care center.
(10)
C-10 Group care facility: a facility which provides resident
services, for a fee or charge, for individuals who are being cared
for by an appropriate residential supervisory staff. These individuals
may be handicapped, aged or disabled or in need of medical and/or
adult supervision and are undergoing rehabilitation and are provided
service and supervision in accordance with their individual needs.
This category includes uses licensed or supervised by any federal,
state or county health/welfare agency (all ages), halfway houses,
resident schools, resident facilities and foster care homes or boardinghomes
for children or adults, but does not include group homes, nursing
homes or detention centers.
(a)
The minimum separation between group homes shall be 1,200 feet,
as measured from the closest property lines.
(b)
The use shall not generate pedestrian or vehicular traffic or
parking in excess of what is characteristic of the district in which
it is located.
(c)
A group care facility use shall be licensed or certified under
applicable federal, state or county programs.
(11)
C-11 Nursing home: a nursing facility or convalescent home licensed
by the Pennsylvania Department of Health which is set up to provide
long-term health care primarily to senior residents with chronic diseases
or disabilities. This use does not include life-care or continuing-care
facilities.
(a)
A minimum of 15% of the lot shall be suitable and developed
for passive recreation. This area shall include outdoor sitting areas
and pedestrian walks.
(12)
C-12 Hospital: a state-licensed facility subject to the following
provisions:
(13)
C-13 Cemetery: A cemetery shall be limited to a burial place
or graveyard, including a mausoleum, provided that:
(a)
Cemetery area and bulk regulations.
[1]
The minimum lot size shall be one acre.
[2]
No more than 5% of the entire area may be devoted to aboveground
buildings not serving as burial markers or memorials, such as business
and administration offices, chapels, maintenance facilities, greenhouses,
workhouses, repair shops and the like. This restriction includes parking
facilities.
[3]
For all accessory buildings, the setback line requirement shall
be the same as for single-family detached dwellings in the zone in
which the cemetery is located.
[4]
A buffer strip of at least 20 feet shall be provided between
building or burial sites and the cemetery property line.
[5]
One dwelling, to be used for custodial personnel, may be permitted.
(b)
Cemetery design standards.
[1]
The maximum height of buildings, including dwelling units, where
permitted, shall be two stories or 35 feet.
[2]
For all entrance features, including gates, fountains, statuary,
identification signs and the like:
[a]
There shall be not more than two identification
signs at such entrance.
[b]
The main portion of entrance features shall be
located no closer to the nearest right-of-way line of any public street
than a distance equal to the building setback line required in the
district in which the cemetery is located.
[c]
No such entrance features shall exceed 12 feet
in height.
(c)
Such use may be an accessory use to any place of worship.
(14)
C-14 Municipal/governmental building or use: Such use shall
be limited to a municipal or governmental administration building,
municipal police station, courthouse, district justice office, road
maintenance facility and such other uses as would customarily be associated
with the operations of government, except such use shall not be deemed
to encompass a landfill, incinerator or other waste disposal facility.
(15)
C-15 Detention facility: Such use shall be limited to facilities
owned and operated by the County of Northampton and shall be limited
to the following:
(a)
A juvenile detention facility as described and regulated in
42 Pa.C.S.A. § 6327.
(b)
A rehabilitation center providing for minimum security detention
of prisoners for work release or partial confinement. Such rehabilitation
center shall not include facilities for the total confinement of prisoners
who have been sentenced or who are awaiting trial.
(c)
A penitentiary, correctional institution or prison.
D.
Office uses.
(1)
Office: a building for business, professional or governmental offices,
provided that:
(a)
Such use shall be carried on wholly indoors and within the principal
building.
(b)
No office building shall include a store, beauty shop or other
personal service shop.
(c)
No office building shall include a store front, a store window
or any other retail commercial characteristic which detracts materially
from the character of the district or surrounding neighborhood.
(d)
No structure designed for office use erected or renovated after
the effective date of this chapter shall include any dwelling unit
or units.
(2)
D-2 Medical office: Such use shall be limited to a building or buildings
with multiple offices for more than one physician or dentist or other
medical professional for examination or treatment of persons as outpatients
and laboratories incidental thereto.
E.
Retail and consumer uses.
(1)
E-1 Retail shop: A retail shop shall be limited to a store selling
apparel, baked goods, books, confections, catering services, drugs,
dry goods, flowers, foodstuffs, furniture, gifts, hardware, household
appliances, jewelry, liquor, milk, notions, periodicals, shoes, stationery,
tobacco, toys, paint, records, cards, novelties, hobby and art supplies,
music, luggage, sporting goods, pets, floor covering, garden supplies,
plants, fabrics and beer and soft drinks or other retail goods, provided
that:
(2)
E-2 Large retail store: A large retail store is a store with greater
than 10,000 square feet of floor area, including, regardless of size,
any variety store, supermarket, department store and discount store.
(3)
E-3 Service business: A service business shall be limited to such
uses as a barber, beautician, laundry and dry cleaning (whether or
not coin-operated), shoe repair, tailor, photographer, newspaper,
printer and travel agency, provided that laundry, dry-cleaning or
clothes-pressing establishments shall not employ equipment or materials
which involve danger from fire or explosion, which detract from the
character of the district or which involve the disposal of materials
or fluids which may result in pollution of air, soil or waterways.
(4)
E-4 Financial establishment: A financial establishment shall be limited
to a bank, savings and loan association, credit union or other financial
establishment, provided that if a drive-in window is provided, a stacking
area to accommodate at least six vehicles shall be provided for each
drive-in window.
(6)
E-6 Eating place, drive-through: Such use shall be limited to cafeterias
and eating establishments in which the principal business is the sale
of foods and/or beverages in a ready-to-consume state for consumption
either within the restaurant building or for carryout with consumption
off the premises, provided that:
(a)
The use must have direct access to a primary or arterial street.
(b)
There shall be only one point of ingress and only one point
of egress per collector or arterial street.
(c)
Where a drive-in window is proposed, a stacking lane shall be
provided to serve a minimum of 10 cars. The stacking lane shall not
be used for parking lot circulation aisles nor shall it in any way
conflict with through circulation or parking.
(d)
A pedestrian walkway shall be provided between an existing sidewalk
and the entrance to the restaurant. If there is no sidewalk, one shall
be provided along the street frontage.
(e)
All such restaurants shall provide a trash storage area which
shall be screened from the street and adjacent properties, in accordance
with this chapter, to prevent trash from blowing from the area and
to permit safe and easy removal of the trash.
(f)
Trash receptacles shall be provided outside the restaurant for
patron use.
(7)
E-7 Repair shop: A repair shop shall be limited to any business for
the repair of appliances, lawn mowers, watches, guns, bicycles, locks
and small business machines (but not including automobile, vehicle
and motorcycle repairs).
(8)
E-8 Motel, hotel and inn: Such use shall be limited to a building
or group of buildings containing rooms for rent for the accommodation
of transient guests, chiefly motorists, plus an eating place, provided
that:
(a)
The use must have direct access to a primary or arterial street.
(b)
Units in such facilities shall contain a minimum of 200 square
feet of floor space, with a minimum of two rooms: a bedroom and a
separate bathroom equipped with a flush water closet, a lavatory basin
and a bathtub or shower, all properly connected to a public water
and public centralized sewer system.
(c)
All such uses shall be served by public water and public centralized
sewage disposal systems.
(d)
The minimum lot area shall be 50,000 square feet.
(e)
Any retail or commercial use accessory to the hotel, motel or
inn use shall be subject to the following restrictions:
[1]
The accessory use shall be contained within the hotel, motel
or inn building, and any customer entrance to any place of business,
except for a banquet, convention or conference center associated with
the hotel, motel or inn, shall be from inside the building.
[2]
The accessory use, except for a banquet, convention or conference
center associated with the hotel, motel or inn, shall be principally
for customers of the hotel, motel or inn.
[3]
There shall be no display of merchandise or other manifestation
of commercial or retail use visible from the street or property line.
(9)
E-9 Commercial recreation and entertainment: An indoor or outdoor
entertainment or recreational facility operated as a commercial venture,
which may include a bowling alley, skating rink, movie theater, theater,
games arcade, recreational camps, driving range, chip and putt golf
or miniature golf.
(10)
E-10 Service station: A service station shall be limited to
a building or group of buildings for the sale of petroleum products,
tires and automotive service, provided that:
(a)
A minimum lot width of not less than 200 feet shall be provided
along each street on which the lot abuts.
(b)
The minimum lot area shall be one acre.
(c)
Such use shall be located on an arterial or a higher order road.
(d)
All fuel tanks shall be placed underground.
(e)
All pumps, lifts and other service facilities shall be located
not closer than 35 feet to any lot or street line.
(f)
No vehicle shall be stored in the open, except those awaiting
minor repairs, for a period exceeding seven consecutive days, unless
screened from adjacent or residential properties.
(g)
All lubricating, making of minor repairs or similar activities
shall be performed in an enclosed building.
(h)
Separate accessways shall be provided for the safe and convenient
egress and ingress of motor vehicles. No accessway shall exceed 35
feet in width nor be less than 15 feet in width.
(i)
Access to the street shall be physically controlled by a concrete
curbing at least eight inches in height.
(j)
All parking, access and outdoor service areas shall be graded,
surfaced, drained and suitably maintained to the satisfaction of the
Borough Engineer to the extent necessary to avoid nuisances of dust,
erosion or excessive water flow across streets.
(k)
All automobile parts and similar articles shall be stored within
a building.
(l)
All refuse shall be stored within a building or enclosed area.
(m)
Paint spraying or body and fender work shall not be permitted.
(n)
Junk vehicles shall not be stored in the open at any time.
(o)
The sale or rental of automobiles, trucks, trailers or other
vehicles shall be prohibited.
(q)
Service stations designed to offer to the public self-service
facilities for dispensing of gasoline and other motor vehicle fuels
shall meet the following conditions:
[1]
At least one qualified attendant shall be on duty while the
station is open to the public, whose primary function shall be to
supervise, observe and control dispensing of flammable or combustible
liquids.
[2]
The attendants shall be situated so as to have a clear view
of the dispensing operations.
[3]
A voice communication system, such as but not limited to an
intercom system, shall be provided so as to allow direct voice communications
at all times between the person dispensing flammable or combustible
liquids and the attendant.
[4]
Emergency controls, including the main power shutoff, shall
be conspicuously posted in the immediate vicinity of the principal
control or the dispenser island.
[5]
Instructions for the operation of the dispensers shall be conspicuously
posted on either the dispenser or the dispenser island.
[6]
A list of emergency procedures and instructions shall be conspicuously
posted in the immediate vicinity of the principal control location
of the attendant.
[7]
Fire-extinguishing and flammable liquids dispensing equipment
shall be approved through National Standards testing.
[8]
At least one fire extinguisher shall be located within 25 feet
of each gasoline pump.
[9]
Warning signs shall be placed in a conspicuous place with each
sign indicating "Warning: (a) It is unlawful to dispense gasoline
into any portable container unless the container is constructed of
metal or is approved by the Fire Marshal; (b) No smoking; (c) Stop
motor."
(11)
E-11 Automotive sales: Automotive sales shall be limited to
the sale and lease of automobiles by a duly franchised new car, truck,
boat or motorcycle dealership; used car, truck, boat or motorcycle
sales; or car, truck, trailer, motorcycle and/or boat rentals; farm
machinery or travel campers, provided that:
(a)
Lighting. All outside lighting shall be directed in such a way
as not to create a nuisance to any adjacent property, and all lighting
shall be arranged and shielded so as to protect the street or highway
and adjoining property from direct glare or hazardous interference
of any kind.
(b)
All facilities shall be located and all services be conducted
within the confines of the lot.
(c)
All preparation, lubrication, repair or similar activities shall
be accessory.
(12)
E-12 Automotive body repair and paint shop: Such use shall be
limited to paint spraying, body and fender work and custom body work,
provided that:
(14)
E-14 Shopping center: Such use shall be limited to a building
or a group of buildings, designed as a planned complex of related
structures and circulation patterns, subject to the following additional
criteria:
(a)
Such centers shall have a lot area of not less than five acres
and a lot width of not less than 500 feet at the street right-of-way
line.
(b)
The majority of all parking shall be provided in separate areas
surrounding any group of shopping buildings.
(c)
Such centers shall be located on an arterial or higher order
road.
(d)
The following uses are permitted as part of a shopping center:
|
C-3
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Commercial school
| |
|
C-6
|
Athletic facility
| |
|
D-1
|
Office
| |
|
D-2
|
Medical office
| |
|
E-1
|
Retail shop
| |
|
E-2
|
Large retail store
| |
|
E-3
|
Service business
| |
|
E-4
|
Financial establishment
| |
|
E-5
|
Eating place
| |
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E-6
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Eating place, drive-through
| |
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E-9
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Commercial recreation and entertainment
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(e)
The shopping center shall be constructed in accordance with
an overall plan and designed with a single architectural style approved
by the Borough Council.
(f)
Regulations dealing with lighting, parking, outdoor storage,
buffering, points of access, signs, landscaping and other applicable
regulations set forth herein shall be met.
(g)
All establishments in the shopping center must have vehicular
service access either from an individual service yard or from a common
service area serving several establishments. All such service areas
must be segregated from public areas and screened from public view.
(h)
Within a tract to be used for a shopping center, subdivision
of the tract into individual lots is not permitted.
(15)
E-15 Funeral home: Such use shall be limited to a mortuary or
funeral home and shall not include a cemetery, columbarium, mausoleum
or other permanent storage facility.
(16)
E-16 Veterinary office or clinic: Such use shall be limited
to the office of veterinarian. If a kennel is part of the office or
clinic, the following conditions shall apply:
(a)
Minimum lot size shall be one acre.
(b)
No animal shelter or runway shall be located closer than 100
feet to any residential building other than the owner's or closer
than 50 feet to the property line.
(c)
The kennel shall be constructed so that the animals cannot stray
therefrom.
(d)
All animals must be kept indoors between 10:00 p.m. and 7:00
a.m.
(17)
E-17 Banquet facility: a facility available for special dinners,
banquets or other dining events by prearrangement with the management
of the facility for groups or parties and not open to the general
public on a daily basis; not an eating place or restaurant.
(18)
E-18 Adult-oriented use:
(a)
The building or structure of such use shall be located no less
than 400 feet from any residential use or district, public or private
school, church recreation facility or any other religious, institutional
or educational, or any youth-oriented use (e.g., day-care service,
entertainment, and including parks and recreation areas) within Wilson
Borough or any adjoining municipality.
(b)
No such use shall be located within 2,000 feet of a similar
use.
(c)
No display of adult-related materials depicting specified sexual
activities or specified anatomical areas shall be visible from a window,
door or exterior of the building.
(d)
No person under the age of 18 years of age shall be permitted
within a building whose operation would be considered an adult-oriented
establishment.
(e)
No more than one adult-oriented use shall be permitted within
any one building or lot, and no adult-oriented use shall be permitted
on the same lot as any other principal use.
(f)
No adult-oriented use or activity may change to another type
of adult-oriented use or activity except upon application to and approval
by the Zoning Hearing Board of such change as a special exception.
(g)
The entrance to the adult-oriented use shall include a sign
warning all individuals that the premises are classified as an adult-oriented
use and that no persons under the age of 18 are permitted on the premises.
(h)
No adult-oriented use may remain open at any time between the
hours of 1:00 a.m. and 6:00 a.m. on weekdays and Saturdays, and 1:00
a.m. and 12:00 noon on Sundays.
(j)
It shall be a violation of this subsection for a person who
knowingly or intentionally, in an adult-oriented use, appears in a
nude or seminude condition, unless the person is an employee who,
while nude or seminude, shall be at least 10 feet from any patron
or customer and on a stage at least two feet above the floor level.
(19)
E-19 Mixed-use building:
(a)
Mixed-use building use shall contain residential and commercial
or office uses only.
(b)
Uses shall be limited to those uses permitted within the district
in which it is located. In no case shall a use not permitted in the
district be approved.
(c)
At least 33% of the gross floor area shall be designated for
residential use.
(d)
Residential uses are not permitted on the ground floors of mixed-use
buildings.
(20)
E-20 Kennel:
(a)
A minimum lot size of 0.25 acres is required.
(b)
All animals must be kept indoors between 10:00 p.m. and 7:00
a.m.
(c)
No animal shelter or runway shall be located closer than 100
feet to any residential building other than the owner's or closer
than 50 feet to the property line.
(d)
The kennel shall be constructed so that the animals cannot stray
therefrom.
(e)
Buildings shall be adequately soundproofed so that sounds generated
within the buildings cannot be perceived at the lot lines.
(21)
E-21 Animal shelter or rescue:
(a)
A minimum lot size of 0.5 acres is required.
(b)
All animals must be kept indoors between 10:00 p.m. and 7:00
a.m.
(c)
No animal shelter or runway shall be located closer than 100
feet to any residential building other than the owner's or closer
than 50 feet to the property line.
(d)
The kennel shall be constructed so that the animals cannot stray
therefrom.
(e)
Buildings shall be adequately soundproofed so that sounds generated
within the buildings cannot be perceived at the lot lines.
(f)
Animal shelters shall be operated in accordance with procedures
accepted by animal rights groups such as the Large Animal Protection
Society (LAPS) and the society for the Prevention of Cruelty to Animals
(SPCA) and the applicable state laws concerning cruelty to animals.
(g)
All such uses shall meet all applicable Pennsylvania state licensing
and codes.
F.
Public utilities and public service organizations.
(1)
F-1 Utility operating facility: Such use shall be limited to a sewage
pumping station, electrical substation, telephone substation, sewage
treatment plant, and any public service or utility, not including
a public incinerator, public or private landfill, or a telecommunications
facility or tower, and provided that the following conditions are
met:
(a)
Such installation must be essential to serve the Borough of
Wilson.
(b)
No zoning permit shall be required for public utilities to be
located in public streets or rights-of-way.
(c)
The following minimum setbacks from all property lines shall
be provided:
[1]
Water tower: setback not less than the height of the tower,
plus 200 feet.
[2]
Electrical substation: 50 feet.
[3]
Well facility: 100 feet.
[4]
Sewer pumping station: 50 feet.
[5]
Water treatment facility: 100 feet.
[6]
Water pump station: 20 feet.
[7]
Sewage treatment plant: 200 feet.
[8]
All other uses: 50 feet.
(d)
Minimum lot sizes shall be adequate to accommodate the above
setbacks, parking requirements and other building requirements.
(e)
No parking shall be permitted within the required setbacks.
(2)
F-2 Emergency services: Emergency services shall be limited to fire,
ambulance, rescue and other emergency services of a municipal or volunteer
nature.
(3)
F-3 Terminal: A terminal shall be limited to a railway station or
bus station providing transportation services to the general public.
(4)
F-4 Telecommunications facility: a structure or structures intended
for transmitting or receiving radio, television, microwave or telephone
communication; any telecommunications facility, including a tower
and associated building, for cellular and personal wireless communications
used to transmit or receive cellular and personal wireless telecommunications
signals.
(a)
Maximum height: 150 feet.
(b)
The tower must be licensed by the Federal Communications Commission
and must be reviewed and approved by the Federal Aviation Administration
and any other regulatory authority with jurisdiction.
(c)
Allowable districts.
[1]
Applicants seeking to construct a telecommunications facility
in Wilson Borough must first apply to the Borough to determine if
a suitable site is available on Borough-owned and/or controlled land
or structures, irrespective of zoning district requirements. If the
facility is not to be located on Borough-owned and/or controlled facilities,
telecommunications facilities, including buildings and towers, are
permitted in the following zoning districts, and only as conditional
uses approved by the Borough Council: C-1, C-2 and I-1.
[2]
Telecommunications facilities, including towers, may be permitted
by conditional use in any other zoning district, provided that the
tower and other facilities can be attached to an existing structure,
can be disguised and shielded so as not to alter the appearance of
the existing structure and where the proposed telecommunications tower
does not increase the height of the existing structure or extend beyond
the existing structure more than five feet, so that it will fit in
with the character of the community.
(d)
All buildings, structures, towers and guy wires shall be located
so that none of same are located within the required front, side or
rear yard setbacks for the district in which it is located. The minimum
lot area for the communications facility shall be 10,000 square feet;
provided, however, that the lot area must be adequate to accommodate
all necessary setbacks from property lines, in accordance with these
regulations, and that any communications tower shall be located no
less than 200 feet from any occupied building.
(e)
General standards for conditional use.
[1]
The applicant shall present documentation that the tower is
designed in accordance with the standards cited in this chapter for
telecommunications towers and with all applicable safety standards
for towers. The applicant shall demonstrate that the proposed telecommunications
facility and tower are constructed in a manner consistent with all
applicable industry standards, and the surrounding area will not be
adversely affected by support structure failure. Towers and antennas
shall be designed according to the standards of the American National
Standards Institute and the Telecommunications Industry Association.
[2]
Where the proposed site abuts a residential zoning district,
towers shall be permitted only where they are disguised by attaching
them to an existing tall structure where the proposed tower does not
increase the height of the existing structure or by disguising the
tower so that it resembles a tree, silo or church steeple so that
it will fit in with the residential character of the community.
[3]
The applicant shall present a site plan showing the following
items:
[a]
Locations of all existing uses and proposed telecommunications
facilities.
[b]
Elevations and drawings of any existing uses and
proposed telecommunications facilities, showing proposed width, depth,
height, architectural style and structural data for any towers proposed.
[c]
Vehicular access, fencing, landscaping and any
easements for access and utilities.
[d]
The applicant shall demonstrate that the height
of the tower for the telecommunications facility is the minimum height
necessary for the service area.
[e]
In order to reduce the number of telecommunications
towers in the Borough, all towers and support structures shall be
designed to permit other future users, including other telecommunications
companies and police, fire and emergency services. The applicant shall
demonstrate that other telecommunications licensees have been contacted
with the objective of encouraging collocation of licensed antennas
on the same tower.
[f]
No telecommunications facilities (buildings or
towers) shall be located on any site or building registered on the
National Register of Historic Places.
[g]
The telecommunications facility shall be fully
automated and unattended on a daily basis and shall be visited only
for periodic maintenance or emergency repair.
[h]
A six-foot high security fence shall completely
surround the facilities (tower, buildings and any guy wires).
[i]
An evergreen screen consisting of a row of evergreen
trees planted 10 feet on center shall be provided around the outside
of the security fence.
(f)
As part of the development agreement for the construction or
installation of any telecommunications facility, provisions shall
be made for the removal of the structure by the applicant should the
facility not be used for a period of 12 consecutive months.
(g)
Standards for telecommunications facilities combined with another
use on a lot. A telecommunications facility is permitted on a property
with another permitted or lawful nonconforming use subject to the
general standards and to the following additional requirements:
[1]
If the facility consists of a separate building, the building
and tower shall not be located within the minimum front, side and
rear yard setbacks for the zoning district. The lot area for the use
shall be the area needed to accommodate the buildings, towers, guy
wires, buffer planting and security fencing.
[2]
Vehicular access to the building and tower shall not interfere
with the parking or circulation on the site for the principal use.
[3]
Documentation from the owner of the principal use indicating
the willingness to grant an easement, lease or other interest in real
estate shall be provided to the Borough.
G.
Industrial uses.
(1)
G-1 Manufacturing: Manufacturing uses shall include but not be limited
to the production, processing, cleaning and testing of materials,
goods, foodstuffs and products from the following previously processed
and prepared materials: bone, ceramics, cork, feathers, felt, fur,
glass, hair, horn, leather, metal, paper, plaster, plastics, precious
and semiprecious stones, rubber, shells, textiles and tobacco. Manufacturing
may also include the manufacture of electrical appliances and supplies,
small or hand tools, hardware, toys, jewelry, clocks and watches,
musical, professional and scientific instruments, optical goods, machinery
and machine tools, electrical equipment, motors, iron and steel products,
including fabrication and assembly, or other similar uses.
(2)
G-2 Research: scientific or industrial research, testing or experimental
laboratory or similar establishment for research or product development,
provided that:
(3)
G-3 Mini warehouse, mini storage: Such use shall be limited to the
storage of items, limited to personal property generally stored in
residential structures, within a warehouse structure or mini warehouse
structure, provided that:
(a)
The use shall be enclosed with a fence. Between the fence and the perimeter of the property there shall be a landscaped buffer planted in accordance with § 170-87.
(b)
The minimum driveway width between buildings shall be 20 feet.
(c)
No business activity other than leasing of storage units shall
be permitted.
(d)
All storage shall be within enclosed buildings.
(e)
Explosive, radioactive or highly flammable materials and automobiles
shall be prohibited.
(4)
G-4 Printing: Such use shall be limited to printing, publishing and
binding.
(5)
G-5 Contract services: Contract services shall be limited to offices
and supply shops such as building supplies, cement, electric, heating,
plumbing, masonry, painting, landscaping and roofing.
(6)
G-6 Trades: Such use shall be limited to a plumbing shop, carpentry
shop, electrical shop, cabinetmaking, furniture-making and other similar
trades, provided that this use shall not include outside storage.
(8)
G-8 Building materials sale: Such use shall be limited to a lumberyard
and the storage and sale of finished products used in building and
construction, such as concrete and metal pipes, provided that:
(a)
Millworking is permitted as an accessory use.
(b)
Storage yards shall be fully enclosed by fencing and a landscaped
buffer at least 20 feet in width.
(c)
The storage of flammable or toxic gases and liquids and the
production and mixing of asphalt and concrete is prohibited.
(d)
The minimum lot area shall be three acres.
(9)
G-9 Equipment storage yards: Such use shall be limited to the rental
and storage of construction equipment. No storage of junk vehicles
shall be permitted.
(11)
G-11 Food processing: This use shall be limited to food processing,
packing, canning of meat, fish, dairy and other food products as well
as the manufacture and packaging of nonalcoholic beverages, provided
that such uses are served by public water and public sewer services.
(12)
G-12 Laundry, dry-cleaning or dyeing plant: a commercial plant
for laundry, dry cleaning or dyeing.
(13)
G-13 Warehouse: wholesale business, wholesale storage or warehousing,
excluding retail sales except as provided for below. A small retail
store may be operated in conjunction with use G-13, subject to the
following conditions:
(a)
The retail store shall be an accessory use which is clearly
incidental and subordinate to the primary use G-13;
(b)
The retail store may only sell those items stored at the property
in accordance with use G-13; and
(c)
The retail store may not exceed 15% of the gross floor area
or 1,000 square feet, whichever is less.
(14)
G-14 Junkyard: Such use shall be limited to an area of land,
with or without buildings, that is used for the storage of used or
discarded materials, including but not limited to wastepaper, rags,
metal, building materials, house furnishings, machinery, vehicles
and parts thereof, provided that:
(a)
The proposed use of an area shall not be detrimental to adjacent
land uses.
(b)
There shall be maximum lot size of five acres.
(c)
Such use shall be a minimum of 200 feet from any public road
as measured from the street line.
(d)
The land area used for such purposes shall not be exposed to
public view from any residence or public street or road.
(e)
Such uses shall be entirely enclosed by a solid fence or wall
at least six feet high and constructed of plank boards, brick, cinder
block or concrete, with access only through solid gates. Such fence
or wall shall be kept in good repair and neatly painted in uniform
color.
(f)
A dense evergreen buffer shall be provided on the outside perimeter
of the fenced area. Evergreens shall be four to five feet in height
and planted on ten-foot staggered centers.
(g)
The contents of such use shall not be placed or deposited to
a height greater than the height of the fence or wall herein prescribed.
(h)
The storage of paper shall be within a building.
(i)
The storage of toxic chemicals shall be prohibited.
(j)
Dumping of trash or landfill operations and burning of any materials
shall specifically be prohibited.
(k)
All such uses shall be sealed from groundwater contamination
and shall provide groundwater monitoring wells.
(15)
G-15 Mineral extraction:
(a)
The activities and residual effects shall not create conditions
hazardous or otherwise adverse to the value and use of adjacent properties
or the well-being of the surrounding area and its residents.
(b)
The site shall be reclaimed to a nonhazardous state permitting
some reasonable future use and so that the extracting activities and
resulting condition of the site will not result in environmental degradation
of the surrounding area.
(c)
All activities of these land uses shall be effectively screened
from adjacent properties and set back from adjacent properties by
a minimum distance of 50 feet and from residential structures by a
minimum distance of 100 feet or such greater distance as may be required
by site conditions to protect adjacent properties as determined necessary
by the governing body.
(d)
Unique or environmentally significant natural features and significant
historic or architectural structures and sites shall be protected
from disruption or adverse effects from quarrying and/or mining activities.
(e)
A copy of all information submitted to the state agencies shall
also be submitted to the Code Enforcement Officer at the same time.
(f)
A detailed and appropriate land reclamation and reuse plan of
the area to be excavated shall be submitted to the Code Enforcement
Officer. Compliance with such plan shall be a condition of Borough
permits.
(16)
G-16 Lawful use not otherwise permitted: This subsection is
intended to provide, by conditional use, for any lawful use that is
required to be permitted by the Pennsylvania Municipalities Planning
Code and which is not otherwise permitted in any other use categories
described in this section. A lawful use not otherwise permitted shall
be subject to the following requirements:
(a)
The use must comply with the impervious surface, area, lot area,
and dimensional requirements of the district in which the use is proposed.
(b)
The applicant must demonstrate that the use proposed will comply
with all permit requirements of the Pennsylvania Department of Environmental
Protection or any other commonwealth or federal government agency
which regulates such use.
(c)
Conditional use approval shall only be granted by the Borough
Council after it has determined that the granting of such will not
result in additional threats to public safety or extraordinary public
expense, create nuisances, cause fraud or victimization of the public
or conflict with local laws or ordinances.
H.
Accessory uses.
(1)
H-1 Home-based business: a business or commercial activity administered
or conducted as an accessory use which is clearly secondary to the
use as a residential dwelling and which involves some customer, client
or patient traffic, whether vehicular or pedestrian, pickup, meeting
location, delivery or removal functions to or from the premises in
excess of those normally associated with a residential use. The business
or commercial activity must satisfy the following requirements:
(a)
The home-based business shall be accessory to a residence and
carried on wholly indoors and within a dwelling or other structure
accessory thereto and shall be clearly incidental and subordinate
to its use for residential purposes by its occupants.
(b)
The business activity shall be compatible with the residential
use of the property and surrounding residential uses and shall meet
the minimum and maximum area, height and dimensional requirements
of the district in which the use is located.
(c)
Such use shall be limited to single-family detached dwellings.
(d)
There shall be no use of show windows, display or advertising
visible outside the premises, except as provided for signs herein.
(e)
There shall be no exterior storage of material or building material.
(f)
There shall be no parking of commercial vehicles, except that
parking of not more than one commercial vehicle exceeding a one-ton
loading capacity and with no more than two axles or four wheels, whichever
is less, including any construction or landscaping vehicles and trailers
used for their transportation (i.e., front-end loaders, cranes, cement
mixers, riding lawn mowers, etc.), shall be permitted only within
a completely enclosed building.
(g)
The appearance of the residential structure shall not be altered
or the home-based business within the residence be conducted in a
manner which would cause the premises to differ from the residential
character by the use of colors, materials, construction, lighting,
show windows or advertising visible on the premises to attract customers
or clients, other than an identification sign not exceeding two square
feet, notwithstanding any other provisions of this chapter.
(h)
A sign displaying the name and address of the home-based business
may be permitted, subject to the following requirements: no more than
one such sign shall be erected on the lot; the area of the sign shall
not exceed two square feet in size; and the sign shall be either fixed
flat on the main wall of the building or may be erected in the front
yard, but not within 10 feet of the cartway.
(i)
No articles shall be sold or offered for sale except such as
may be produced on the premises.
(j)
There shall be no stockpiling, storage or inventory of products
of a substantial nature.
(k)
There shall be no commodities sold or services rendered that
require receipt or delivery of merchandise, goods or equipment by
other than passenger motor vehicle or by parcel or letter carrier
mail service using vehicles typically employed in residential deliveries.
(l)
The home-based business shall be carried on only by inhabitants
of the dwelling and not more than two additional employees.
(m)
The floor area devoted to a home-based business shall not occupy
more than 25% of the ground floor of the principal residential structure
or 500 square feet, whichever is less; all portions of the floor area
to be used for the home-based business shall be accessible to employees
and clients without having to enter or walk through the areas of the
residence devoted to solely residential use, and all areas to be used
for employees and client visits shall be in one location and not separated
by rooms or hallways which are used for residential purposes.
(n)
No equipment or process shall be used in a home-based business
which creates discernible noise, vibration, glare, fumes, odors or
electrical interference at the property line, and no equipment or
process shall be used which creates visual or audible interference
in any radio or television receiver off the lot or causes fluctuations
in line voltage off the lot.
(o)
No manufacturing, repairing or other mechanical work shall be
performed in any open area. All such activities shall be conducted
in such a manner that they are not detectable or noticeable at or
beyond the property line.
(p)
The business activity may not generate any solid waste or sewage
discharge, in volume or type, which is not normally associated with
residential use in the neighborhood.
(q)
The maximum number of off-street parking spaces shall be limited to six parking spaces, which shall not include any garage spaces and shall be designed to comply with the appropriate provisions of Article XVI of this chapter.
(r)
No more than one home-based business shall be permitted per
residential dwelling.
(s)
The hours of operation shall be limited to Monday through Saturday,
and activities shall occur between the hours of 8:00 a.m. to 9:00
p.m.
(t)
Parking spaces required by the home-based business in addition
to those required for the residential use must be located to the side
or to the rear of the principal residence and must be separated from
adjoining properties by a ten-foot-wide planted buffer.
(u)
The business may not involve any illegal activity.
(2)
H-2 No-impact home-based business: a business or commercial activity
administered or conducted as an accessory use which is clearly secondary
to the use as a residential dwelling and which involves no customer,
client or patient traffic, whether vehicular or pedestrian, pickup,
delivery or removal functions to or from the premises, in excess of
those normally associated with residential use. The business or commercial
activity must satisfy the following requirements:
(a)
The no-impact home-based business shall be accessory to a residence
and carried on wholly indoors and within a dwelling or other structure
accessory thereto and shall be clearly incidental and subordinate
to its use for residential purposes by its occupants.
(b)
The business activity shall be compatible with the residential
use of the property and surrounding residential uses and shall meet
the minimum and maximum area, height and dimensional requirements
of the district in which the use is located.
(c)
There shall be no use of show windows, display or advertising
visible outside the premises.
(d)
There shall be no exterior storage or building material.
(e)
There shall be no outside appearance of a business use, including
but not limited to parking, signs or lights.
(f)
The appearance of the residential structure shall not be altered
or the no-impact home-based business within the residence be conducted
in a manner which would cause the premises to differ from the residential
character by the use of colors, materials, construction, lighting,
show windows or advertising visible on the premises to attract customers
or clients.
(g)
There shall be no display or sale of retail goods and no stockpiling,
storage or inventory of products of a substantial nature.
(h)
There shall be no commodities sold or services rendered that
require receipt or delivery of merchandise, goods or equipment by
other than passenger motor vehicle or by parcel or letter carrier
mail service using vehicles typically employed in residential deliveries.
(i)
The no-impact home-based business shall be carried on only by
inhabitants of the dwelling.
(j)
The floor area devoted to a no-impact home-based business shall
not occupy more than 25% of the ground floor of the principal residential
structure or 500 square feet, whichever is less.
(k)
No equipment or process shall be used in a no-impact home-based
business which creates discernible noise, vibration, glare, fumes,
odors or electrical interference at the property line, and no equipment
or process shall be used which creates visual or audible interference
in any radio or television receiver off the lot or causes fluctuations
in line voltage off the lot.
(l)
The business activity may not generate any solid waste or sewage
discharge, in volume or type, which is not normally associated with
residential use in the neighborhood.
(m)
The business may not involve any illegal activity.
(3)
H-3 Residential accessory structure: Such use shall include a residential
accessory structure or use, including but not limited to:
(a)
Parking of not more than one commercial vehicle not exceeding
a one-ton loading capacity and with no more than two axles or four
wheels, whichever is less, including any construction or landscaping
vehicles and trailers used for their transportation (i.e., front-end
loaders, cranes, cement mixers, riding lawn mowers, etc.), shall be
permitted only within a completely enclosed building and only as an
accessory to a single-family detached dwelling and shall only be for
the use of the inhabitants of the subject residence.
(b)
Structures, such as fences and walls, that are man-made structures,
erected to enclose or screen areas of land are permitted, subject
to the property owner and/or applicant applying for and receiving
a zoning permit from the Borough and subject to the following restrictions:
[1]
Fences and walls in any portion of the front yard, as defined
by this chapter, shall not exceed four feet in height. Height shall
be measured from the mean ground level surrounding the fence or wall
to the highest point of the fence or wall.
[2]
Fences and walls in side and rear yards shall not exceed six
feet in height.
[3]
No fences or walls may be constructed in the clear site triangle
or in any portion of a street right-of-way or in a public easement
or in any portion of any public or private easement where the easement
agreement prohibits fences or walls.
[4]
Notwithstanding anything to the contrary contained in this subsection,
fences or walls surrounding tennis courts may be not more than 10
feet in height, but tennis courts may not be located in any portion
of the required front yard as defined by this chapter.
[5]
These regulations shall not apply to the following:
(c)
Structures such as storage sheds, bathhouses and private greenhouses,
provided that they do not exceed 15 feet in height and that they meet
the following requirements:
[1]
Structures with a floor area of 144 square feet or less shall
be no closer than four feet to any property line.
[2]
Structures, other than detached garages, with a floor area of
more than 144 square feet shall meet the setback requirement for principal
buildings for the applicable zoning district.
[3]
Such structures shall be permitted accessory uses for single-family
detached dwellings only.
[4]
The impervious surface requirements of the district in which
the use is located must be met and shall be calculated, including
the accessory structures.
[5]
Decks attached to or immediately adjoining a dwelling unit shall
not encroach more than 10 feet into a required rear yard.
(d)
Detached garages which are accessory to residences are permitted
to be located no closer to a side or rear property line than four
feet. Such garages shall be located behind the principal building
setback line closest to the street on which the principal building
fronts and shall be set back from the street line a distance no less
than the actual setback of the principal building from the street
line. Garages shall not exceed 15 feet in height.
(4)
H-4 Outside storage:
(a)
Outside storage, other than storage as a primary use of the
land, necessary but incidental to the normal operation of a primary
use, shall be permitted, subject to the following additional provisions:
[1]
No part of the street right-of-way, no sidewalks or other areas
intended or designed for pedestrian use, no required parking areas
and no part of the required front yard shall be occupied by outside
storage.
[2]
Outside storage areas shall occupy an area of less than 1/2
of the existing building coverage.
[3]
Outside storage areas shall be shielded from view from the public
streets in accordance with the buffer requirements of this chapter.
(b)
Uses requiring more substantial amounts of land area for storage, such as any nursery, garden center, automotive sales, truck terminal and lumberyard, may be exempt from the provisions of Subsection H(4)(a)[2] and [3] above. For these and other similar uses, no more than 25% of the lot area shall be used for outside storage. For these uses only, outdoor storage may be placed within the required yard area so long as all storage is set back a distance equal to at least 50% of the required yard area for the district in which the use is located. Among the uses that shall not be considered appropriate for inclusion under this provision are retail shop, repair shop, service station, automobile repair and car wash, automotive accessories, wholesale, contracting and trades.
(c)
The storage of tractor trailers, panel trucks, vans and similar
vehicles which supply or service establishments in commercial or industrial
districts shall be permitted, provided that such vehicles shall be
used by the establishment in the normal conduct of its business.
(5)
H-5 Temporary structures and vehicles: Such use shall be limited
to a temporary structure, vehicle or use. A temporary permit may be
issued for structures or uses necessary during construction or other
special circumstances of a nonrecurring nature, such as fires, construction
or other causes of a similar nature, subject to the following additional
provisions:
(a)
The time period of the initial permit shall be six months. This
permit may be renewed for three-month time periods, not to exceed
a total time period of two years.
(b)
Temporary nonconforming structures or uses shall be subject
to authorization by the Zoning Officer or Borough Council.
(c)
Such structure or use shall be removed completely within 30
days of the expiration of the permit without cost to the municipality.
(d)
Tractor trailers shall not be permitted to be parked in residential
districts except during construction.
(e)
No retail sales shall be permitted from temporary uses or structures.
(f)
The placement of all temporary structures shall be subject to
the approval of the Zoning Officer.
(6)
H-6 Swimming pool: A swimming pool shall be permitted as an accessory
to a residential use, provided that:
(a)
No person, owner or occupant of land shall install or maintain
a swimming pool or other artificial body of water capable of being
filled to a depth exceeding 18 inches at the deepest or lowest point
unless a permit is first obtained from the Code Enforcement Officer
and the required plans and information are filed, together with required
permit fees. Ornamental pools and wading pools which do not exceed
18 inches in depth are exempt from these provisions. Swimming pools
shall include any pool, regardless of design or construction materials
or the permanency of its location both above and below ground level,
which is built, erected or used for the purpose of bathing or swimming
and all buildings, equipment, and appurtenances thereto. This chapter
shall also apply to public swimming pools used and maintained by an
individual, firm, corporation, club or association of persons for
use by the public or members and their invitees or guests.
(b)
The building area restrictions as set forth for the pertinent
zoning districts in this chapter shall apply and, in addition thereto,
each such pool area and the paving or coping surrounding it or associated
with it shall not be located in any front yard and not closer than
four feet to any property lines.
(c)
Building permits are required prior to the construction, alteration,
remodeling or additions to a swimming pool or other artificial water
areas not specifically exempt from this chapter. Application for a
permit for the construction of a swimming pool shall be made to the
Code Enforcement Officer. Each application for a private or public
swimming pool shall be accompanied by a duplicate set of plans, specifications
and plot plans of the property. The location of the pool on the property
and with respect to adjoining property and street lines shall be shown,
together with the location, height and type of fencing or walls or
protective equipment and accessory buildings. No permit for a private
or public swimming pool shall be issued until the plans, specifications
and plot plans have been approved by the Zoning Officer through compliance
with this chapter and the Borough Building Code.
(d)
Written approval must be obtained upon inspection of the pool
and subject to the discretion of the inspecting officer.
(e)
All swimming pools shall be subject to an annual inspection
by the Code Enforcement Officer or the Health Officer or other official
designated by the Borough Council or the Health Department who shall
have the right of inspection whenever they, in their sole discretion,
deem it necessary to do so.
(f)
Safety. Any pool or water area subject thereto shall be suitably
designed, located and maintained so as not to become a nuisance or
hazard either to adjoining property owners or the public generally.
All detachable ladders shall be removed when the pool is not in use.
(g)
Sanitary quality of water. The physical, chemical and bacterial
qualities of the water in public swimming pools shall comply with
the latest standards of the Commonwealth of Pennsylvania Department
of Health. Failure to maintain the sanitary quality of water prescribed
by this section or to restore such water to the required quality within
the time prescribed by the Department of Health shall be a violation
of this section.
(h)
Accessory buildings. Locker rooms, bathhouses, cabanas, shower
rooms, toilets, runways and all other physical facilities or equipment
incidental to the operation of any public swimming pool shall be kept
in a sanitary condition at all times and shall otherwise comply with
the Borough ordinances, rules and regulations.
(i)
Construction and maintenance. The construction and design of
all pools shall be such that the same can be maintained and operated
as to be clean and sanitary at all times. The owners of every such
pool shall be responsible to maintain said pool in such condition
as to prevent breaks in the pool chassis or water from the pool overflowing
into adjacent public or private property. Swimming pools shall be
constructed, equipped and maintained in strict conformity with the
provisions of the swimming pool and public health codes issued by
the Commonwealth of Pennsylvania and the Northampton County Health
Department.
(j)
Outdoor lighting, if used, shall be installed in such a way
as to be shielded and not to reflect toward or into the interior of
adjacent residential properties.
(k)
All electrical work connected with the pool and all equipment
incidental thereto shall comply with all Underwriters' Laboratories,
Inc., regulations and must be inspected and certified by an ICC Electrical
Inspector prior to the issuance of a certificate of compliance. In
no event may said pool be used prior to such approval.
(l)
If pools are connected to any water, sewer or public utility
line, there must be installed a separate valve controlling such line,
both as to supply and drainage, and a permit must be obtained prior
to installation from the agency furnishing such utility service. A
minimum isolation distance of 25 feet shall be required between a
swimming pool and any sewage disposal system.
(m)
Approved filtration systems and circulators must be provided
for all pools except such exempt or nonexempt wading pools as are
emptied on a daily basis as hereinafter provided.
(n)
All pool installations shall conform to all applicable building
codes.
(o)
In no case shall water in the pool or pool area be permitted
to emit an offensive odor or create any unhealthful condition. Further,
it shall be a violation of this chapter to cause or allow drainage
onto adjoining land, public or private; provided, however, that the
Zoning Officer may issue a permit for drainage into storm sewers at
his discretion.
(p)
No pool shall be located under any electric power lines (including
service lines), and the pool must be located at least 10 feet (measured
horizontally) from such power lines.
(q)
No water shall be placed in the pool until a fence, as required
by this chapter, has been completed.
(r)
Fencing of pools. Fencing of pools must comply with Appendix
G of the most current adoption of the International Residential Code.
(s)
The owner of any swimming pool shall allow the Borough Code
Enforcement Officer, Health Officer or other authorized official access
to the pool and appurtenances for the purpose of inspection to ascertain
compliance with this chapter at all reasonable times.
(t)
Pool construction and security. All pools shall be constructed
and secured in accordance with the Uniform Construction Code (UCC),
International Code Council (ICC), and International Residential Code
(IRC), as adopted by Wilson Borough.
(7)
H-7 Recreational vehicles: These regulations apply to recreational
vehicles which are stored on a property but are not enclosed within
a garage or other building.
(a)
Recreational vehicles include travel trailers, boats, campers,
snowmobiles, all-terrain vehicles, trailers for these vehicles and
other similar vehicles.
(b)
Two recreational vehicles, not enclosed within a garage or other
building, shall be permitted per dwelling.
(c)
Recreational vehicle parking is permitted as an accessory residential
use only for single-family detached dwellings.
(d)
Recreational vehicles shall not be stored between the street
line and the front building line and/or in front of the principal
building unless the recreational vehicle is totally screened from
view by fencing and vegetation or the recreational vehicle is at least
100 feet from the front property line of the single-family dwelling.
(e)
No such vehicle shall be used for living, sleeping or housekeeping
purposes when parked or stored on a residential lot or in any location
not approved for such use.
(f)
No recreational vehicles stored on the property shall be closer
than seven feet from any property lines.
(g)
For the purpose of this subsection, recreational vehicles shall
be presumed stored on a property if they remain on the property for
more than seven consecutive days and more than 10 days in any calendar
month.
(8)
H-8 Garage/yard sales: Such uses shall be limited to no more than
two days in duration. No more than two such sales can be held per
property in a calendar year. There shall be at least 30 days between
sales.
(9)
H-9 In-law suite: One in-law suite to a residential dwelling shall
be permitted, provided that the conditions set forth in this subsection
are met, and further provided that the accessory use, in all respects,
complies with this chapter relating to the zoning district wherein
the proposed in-law suite is to be constructed or to be used. The
intent of these provisions is to allow for related family members
to reside on the premises.
(a)
In-law suites may contain separate cooking, sleeping, living
and bathroom facilities.
(b)
The in-law suite shall occupy no more than 25% of the total
usable floor area of the principal residence, not including any garage.
(c)
In-law suites shall be part of the principal residence or may
be contained in the existing accessory structure such as a garage.
No new separate structures on the same lot with the principal residence
shall be permitted to be constructed for this use.
(d)
The required off-street parking for the principal dwelling plus
one additional off-street parking space for the in-law suite shall
be provided.
(e)
No more than one in-law suite shall be permitted per residential
dwelling.
(f)
Each in-law suite shall be registered with the Borough Code
Enforcement Officer, who shall keep record of its use to ensure compliance
with this chapter.
(g)
A certification shall be received from the Northampton County
Department of Human Services or other regulatory agency certifying
that the wastewater facilities are adequate to accommodate the principal
residential dwelling as well as the in-law suite as defined in this
section.
(10)
H-10 Wind energy system: An energy conversion system, including
appurtenances, which converts wind to a usable form of energy to meet
all or part of the energy requirements of the on-site use. Accessory
wind energy systems shall not be used primarily for the generation
of power to sell to other users, although this provision shall not
prohibit the sale of excess power generated to the local utility company.
The following requirements shall apply to accessory wind energy systems:
(a)
No wind energy system, or addition of a wind turbine to an existing
wind energy system shall be constructed or located within Wilson Borough
unless a permit has been issued to the facility owner or operator
approving construction of the facility under this chapter.
(b)
There shall be a maximum of one device on a single parcel.
(c)
Any physical modification to an existing and permitted wind
energy system that materially alters the size, type and number of
wind turbines or other equipment shall require a permit modification
under this chapter. Like-kind replacements shall not require a permit
modification.
(d)
The design of the wind energy system shall conform and comply
with all manufacturer's specifications and any and all applicable
industry standards.
(f)
Maximum height of the structure, including all moving and rotating
parts, shall be 65 feet, measured from the undisturbed ground elevation
at the base of the device, to the highest point of the arc of the
blade, or to the top of the tower, whichever is greater, unless a
greater restriction is imposed by FAA regulations.
(g)
All wind energy systems shall be equipped with an over speed
control system in accordance with the manufacturer's specifications.
(h)
All electrical components of the wind energy system shall conform
to relevant and applicable local, state and national codes, and relevant
and applicable international standards. The facility shall have an
output limit of 50 KW.
(i)
Wind turbines shall be a nonobtrusive color such as white, off-white
or gray.
(j)
Wind energy systems shall not be artificially lighted, except
to the extent required by the Federal Aviation Administration or other
applicable authority that regulates air safety.
(k)
Wind turbines shall not display advertising, except for reasonable
identification of the turbine manufacturer, facility owner or operator.
(l)
On-site transmission and power lines between wind turbines shall,
to the maximum extent practicable, be placed underground and in accordance
with applicable IRC Codes.
(m)
A clearly visible warning sign concerning voltage must be placed
at the base of all pad-mounted transformers and substations.
(n)
Visible, reflective, colored objects such as flags, reflectors,
or tape shall be placed on the anchor points of guy wires and along
the guy wires up to a height of 10 feet from the ground.
(o)
Wind turbines shall not be climbable up to 15 feet above ground
surface.
(p)
All access doors to wind turbines and electrical equipment shall
be locked or fenced, as appropriate, to prevent entry by nonauthorized
persons.
(q)
All wind turbines shall be set back from the nearest property
line a distance of not less than the maximum setback requirements
for that zoning classification where the turbine is located or 1.1
times the turbine height, whichever is greater. The setback distance
shall be measured to the center of the wind turbine base. In no case
shall a system be located within or above a front yard or within or
above the minimum required side and/or rear yards.
(r)
Minimum distance between the undisturbed ground at the base
of the device and any protruding blade shall be 15 feet, as measured
at the lowest point of arc of the blades.
(s)
When a building is necessary for storage cells or related mechanical
equipment, the building shall not exceed 150 square feet in area,
shall not exceed eight feet in height and must not be located in any
required front, side or rear yards.
(t)
Accessory wind energy systems attached to existing structures
shall not exceed a height of 20 feet above the height of the existing
structure that it is attached to, and shall be located on the existing
structure so that a minimum distance of 1.1 times the overall height
of the accessory wind energy system is maintained between the device
and any property line and/or existing street right-of-way.
(u)
Noise and shadow flicker.
[1]
Audible sounds from a wind energy system shall not exceed 50
dBA, as measured from the setback line (front, side or rear) of a
contiguous neighboring property. Methods for measuring and reporting
acoustic emissions from wind turbines and the wind energy system shall
be equal to or exceed the minimum standards for precision described
in AWEA Standard 2.1 - 1989 titled Procedures for the Measurement
and Reporting of Acoustic Emissions from Wind Turbine Generation Systems
Volume I: First Tier.
[2]
The facility owner and operator shall make reasonable efforts
to minimize shadow flicker to any occupied building on a nonparticipating
landowner's property.
(v)
Signal interference. The applicant shall make reasonable efforts
to avoid any disruption or loss of radio, television or similar signals,
and shall mitigate any harm caused by the wind energy system.
(w)
Decommissioning.
[1]
The facility owner and operator shall, at its expense, complete
decommissioning of the wind energy system, or individual wind turbines,
within 12 months after the end of the useful life of the system or
individual wind turbines. The wind energy system or individual wind
turbines will presume to be at the end of its useful life if no electricity
is generated for a continuous period of 12 months.
[2]
Decommissioning shall include removal of wind turbines, buildings,
cabling and electrical components.
[3]
The Borough Engineer shall review and approve a cost estimate
provided by the applicant, which cost estimate shall establish the
total cost of decommissioning (decommissioning costs) without regard
to salvage value of the equipment. Said estimates shall be submitted
to Wilson Borough after the first year of operation and every fifth
year thereafter.
[4]
The facility owner or operator shall post and maintain a decommissioning
fund (escrow account) in an amount equal to the net decommissioning
cost with the Borough. Decommissioning funds may be in the form of
a performance bond, surety bond, letter of credit, corporate guarantee
or other form of financial assurance as may be acceptable to Wilson
Borough.
[5]
If the facility owner or operator fails to complete decommissioning
as set forth herein, then the landowner shall have six months to remove
the wind energy system.
[6]
If neither the facility owner or operator nor the landowner
complete decommissioning within the periods prescribed, then Wilson
Borough may take such measures as necessary to complete decommissioning.
Wilson Borough is authorized to use the decommissioning funds held
in escrow by the Borough to complete the decommissioning process.
[7]
The escrow agent shall release the decommissioning funds when
the facility owner or operator has demonstrated and the municipality
concurs that decommissioning has been satisfactorily completed, or
upon written approval of the municipality in order to implement the
decommissioning plan.
(11)
H-11 Solar energy system: Solar energy systems include any solar
collector or other solar energy device, or any structural design feature
whose primary purpose is to provide for the collection, storage, and
distribution of solar energy for space heating or cooling, for water
heating or for electricity generation that may be mounted on a building
or on the ground and is not the primary use of the property. Solar
energy systems may include solar panels which, for purposes of this
subsection, are structures containing one or more receptive cells,
the purpose of which is to convert solar energy into usable electrical
energy by way of a solar energy system. Solar energy systems may be
installed as ground arrays or roof mounted. The following requirements
shall apply, as applicable, to solar energy systems:
(a)
The solar energy system shall conform to the area and dimensional
regulations of the zoning district in which the solar energy system
is installed.
(b)
All components of the system shall be considered impervious
and considered as such in the calculation of the maximum impervious
coverage. Impervious coverage for solar panels/collectors shall be
measured when oriented at the absolute maximum horizontal plane.
(c)
No adjacent property owner shall be required to remove or cut
any plant, bush, crop, or tree nor shall any solar energy system be
located so that any reflection is directed toward an adjoining property.
(d)
Ground-mounted systems shall not be permitted in a front yard.
(e)
A ground-mounted system may not exceed a height of 15 feet above
the ground when oriented at maximum tilt.
(f)
Permitted roof-mounted solar panels shall not exceed a height
of three feet from the rooftop at any point; shall not project vertically
above the peak of a sloped roof or project vertically more than five
feet above a flat roof installation; and shall not exceed the maximum
height requirements for the district in which it is located.
(g)
The collector surface and mounting devices for roof-mounted
accessory solar energy systems shall not extend beyond the exterior
perimeter of the building on which the system is mounted or built.
Exterior piping for solar hot water systems shall be permitted to
extend beyond the perimeter of the building on side and/or rear yard
exposures only.
(h)
The installation of a solar energy system shall conform to the
extent applicable to the Pennsylvania Uniform Construction Code, as
amended,[3] and regulations, if any, adopted by the Pennsylvania Department
of Labor and Industry, and to applicable industry standards, including
those of the American National Standards Institute. Manufacturer's
data and certificates of design compliance shall be submitted with
the zoning permit and plans.
[3]
Editor's Note: See 35 P.S. § 7210.101 et seq.
(i)
All wiring shall comply with the applicable version of the National
Electric Code (NEC). The local utility provider shall be contacted
by the owner to determine grid interconnection and net metering policies.
(j)
Solar energy systems shall not be used for displaying any advertising
except for reasonable identification of the manufacturer or operator
of the system. In no case shall any identification be visible from
the property line.
(k)
The design of solar energy systems shall, to the extent reasonably
possible, use materials, colors, textures, screening, and landscaping
that will blend the facility into the natural setting and existing
environment.
(l)
Mechanical equipment associated with and necessary for the operation
of the solar energy system shall be screened from any adjacent property
that is residentially zoned or used for residential purposes. The
screen shall consist of shrubbery, trees, or other plant materials
that provide a visual screen.
(m)
All solar energy system operators/owners must comply with any
and all federal, state, and local regulations pertaining to solar
energy and its collection for personal use.
(n)
If any of the requirements herein conflict with federal and/or
state requirements then the federal and/or state requirements shall
govern unless the requirements of this chapter are more stringent
in which case this chapter shall govern.
