A.
This article establishes additional specific requirements for certain
specific uses, in addition to the sign, parking, environmental and
other general requirements of this chapter and the requirements of
each district. Wherever two requirements conflict, the stricter requirement
shall apply.
B.
For uses allowed within a specific zoning district as special exception uses, see also the procedures and standards in § 400-58. The provisions of this article shall apply regardless of whether the use is permitted by right, by special exception or as a conditional use. See § 400-16 concerning how each use is allowed.
A.
Each of the following uses shall meet all of the following requirements
for that use:
(1)
Adult use. (This is limited to the following: adult bookstore, adult
movie theater, massage parlor or adult live entertainment use).
(a)
Purposes. The regulations on adult uses are intended to serve
the following purposes, in addition to the overall objectives of this
chapter:
[1]
To recognize the adverse secondary impacts of adult uses that
affect health, safety and general welfare concerns of the municipality.
These secondary impacts have been documented in research conducted
across the nation. These secondary impacts typically include, but
are not limited to: increases in criminal activity, increases in activities
that increase the risk of transmission of sexually transmitted diseases,
increases in activities that increase the risk of transmission of
other communicable diseases, increases in blight, decreases in the
stability of residential neighborhoods, and decreases in property
values for surrounding homes, and decreases in the marketability of
nearby commercial business space. The research conducted across the
nation concludes that adult uses typically involve insufficient self-regulation
to control these secondary effects.
[2]
To limit adult uses to locations where these secondary impacts
can be minimized, particularly as they affect residential neighborhoods
and downtown revitalization.
[3]
To not attempt to suppress any activities protected by the free
speech protections of the U.S. and Pennsylvania Constitutions, but
instead to control secondary effects.
(b)
No portion of a building occupied by an adult use shall be located
within:
[1]
400 lineal feet of any residential zoning district boundary;
[2]
200 lineal feet of the lot line of any existing primarily residential
use;
[3]
600 lineal feet from the lot line of any existing primary or secondary
school, public park, public recreation center, place of worship or
day-care center.
(c)
No such use shall be located within 500 lineal feet of any existing
adult use.
(d)
A fifty-foot buffer yard shall be provided, regardless of zoning district, along the side and rear lot lines in accordance with § 400-50, but with plantings of an initial minimum height of six feet.
(e)
No material displaying or suggesting specific sexual activities
shall be placed in view of persons who are not inside of the establishment.
Definite precautions shall be made to prohibit minors from entering
the premises, including signs prohibiting entry to persons under age
18.
(f)
No such use shall be used for any purpose that violates any
federal, state or municipal law.
(h)
The use shall not include the sale or display of obscene materials,
as defined by state law, as may be amended by applicable court decisions.
(i)
A minimum lot area of 10,000 square feet is required.
(j)
For public health reasons, private or semiprivate viewing booths
of any kind are prohibited. This specifically includes, but is not
limited to, booths for viewing adult movies or nude dancers.
(k)
No use may include live actual or simulated sex acts nor any
sexual contact between entertainers nor between entertainers and customers.
This shall specifically prohibit, but not be limited to, entertainers
dancing on the laps of customers.
(l)
Only lawful massages as defined by state court decisions shall
be performed in a massage parlor.
(m)
All persons within any adult use shall wear nontransparent garments
that cover their genitals and the female areola, except for entertainers
within a permitted lawful adult live entertainment use.
(n)
Any application for such use shall state the names and home
addresses of: a) all individuals intended to have more than a 5% ownership
in such use or in a corporation owning such use; and b) an on-site
manager responsible to ensure compliance with this chapter on a daily
basis. Such information shall be updated at the beginning of each
year in writing to the Zoning Officer.
(o)
The use shall not operate between the hours of 12:00 midnight
and 7:00 a.m.
(p)
As specific conditions of approval under this chapter, the applicant
shall prove compliance with the following state laws, as amended:
the Pennsylvania Liquor Code, Act 219 of 1990 (which pertains to sale
or consumption of alcohol between 2:00 a.m. and 8:00 a.m.), Act 207
of 1990 (which pertains to obscenity) and Act 120 of 1996 (which pertains
to adult-oriented establishments and which limits enclosed viewing
booths among other matters).
(3)
Assisted living facility/personal care center. The same standards
shall apply as for nursing homes in this section.
(4)
Auto, boat or mobile/manufactured home sales.
(a)
No vehicle, boat or home on display shall occupy any part of the existing or future street right-of-way or required customer parking area. See buffer yard provisions in § 400-50.
(d)
Any mobile/manufactured homes on a sales site shall meet the
required principal building setbacks from the perimeter lot lines.
(5)
Auto repair garage.
(a)
All paint work shall be performed within a building, with a
fume collection and ventilation system that directs fumes away from
any adjacent dwellings. Outdoor major repairs (such as body work and
grinding) and outdoor welding shall not occur within 250 feet of a
residential lot line.
(c)
Outdoor storage of motor vehicles shall not be within any required
buffer yard or street right-of-way.
(d)
Overnight outdoor storage of junk other than permitted junk
vehicles shall be screened from view of a public street or a dwelling.
(e)
No junk vehicle (as defined by Article II) shall be stored for more than 20 days within view of a public street or a dwelling. A maximum of six junk vehicles may be parked on a lot outside of an enclosed building at any one time. Any junk vehicle stored outside overnight shall be screened from view of adjacent dwellings.
(f)
Service bay doors shall not face directly towards an abutting
dwelling (not including a dwelling separated from the garage by a
street) if another reasonable alternative exits.
(6)
Auto service station.
(a)
This use may be combined with an auto repair garage if the requirements
for each are met.
(b)
All activities except those to be performed at the fuel or air
pumps shall be performed within a building. The use shall not include
spray painting.
(c)
Fuel pumps shall be at least 25 feet from the existing street
right-of-way and shall meet side yard principal building setback requirements.
(d)
Overnight outdoor storage of Junk shall be prohibited within
view of a public street or dwelling. Any junk vehicle stored outside
overnight shall be screened from view of adjacent dwellings.
(e)
No junk vehicle (as defined by Article II) shall be stored for more than 20 days within view of a public street or a dwelling. A maximum of six junk vehicles may be parked on a lot outside of an enclosed building at any one time. Any junk vehicle stored outside overnight shall be screened from view of adjacent dwellings.
(f)
The use may include a convenience store if the requirements
for such use are also met.
(g)
The area covered by any canopy shall be regulated as a building
for the sole purposes of determining building coverage. The canopy
may intrude into the front yard provided it is 20 feet from the street
right-of-way. The bottom of the canopy shall not be greater than 18
feet above the ground level.
(7)
Bed-and-breakfast inn.
(a)
Within a residential district (where permitted under Article III), a maximum of four rental units shall be provided and no more than three adults may occupy one rental unit. No maximums shall apply within other permitted districts.
(b)
One off-street parking space shall be provided for each rental
unit. The off-street parking spaces for the bed-and-breakfast inn
shall be located either to the rear of the principal building or screened
from the street and abutting dwellings by landscaping.
(c)
In a residential district, there shall not be any signs, show
windows or any type of display or advertising visible from outside
the premises, except for a single sign with a maximum sign area of
six square feet on each of two sides and with a maximum height of
eight feet. Such sign shall only be illuminated externally and shall
use incandescent light or light of similar effect.
(d)
The use shall have a residential appearance and character.
(e)
The use shall be operated and/or managed by permanent residents
of the lot.
(f)
There shall not be separate cooking facilities in any guest
room. Food shall only be served to guests who are staying overnight,
unless a restaurant is also permitted.
(g)
No guest shall stay for more than 14 days in any month.
(h)
In a residential district, the use shall be restricted to buildings
that existed prior to January 1, 1940.
(8)
Boardinghouse (includes rooming house).
(a)
The minimum lot area shall be 20,000 square feet.
(b)
The minimum side building setback shall be 20 feet.
(c)
The minimum lot width shall be 100 feet.
(d)
The maximum density shall be 5,000 square feet of lot area per
bedroom and shall serve no more than 20 persons.
(e)
Each bedroom shall be limited to two adults each.
(f)
A buffer yard with screening meeting § 400-50 shall be provided between any boardinghouse building and any abutting dwelling.
(g)
See also standards for assisted living facility which is a separate
use.
(h)
Signs shall be limited to two wall signs with a maximum of two
square feet each.
(i)
Rooms shall be rented for a minimum period of five consecutive
days.
(9)
Car wash.
(a)
Traffic flow and ingress/egress shall not cause traffic hazards
on adjacent streets. On-lot traffic circulation channels and parking
areas shall be clearly marked.
(b)
Adequate provisions shall be made for the proper and convenient
disposal of refuse. The applicant shall provide evidence that adequate
measures will be in place to prevent pollutants from being washed
into the groundwater or waterways. Any chemicals that may be hazardous
to aquatic life shall be stored within an area that will completely
contain any leaks or spills.
(c)
Water from the car wash operation shall not flow onto sidewalks
or streets.
(d)
Other than a self-service only car wash, any car wash that is
located within 250 feet of an existing dwelling shall not operate
between the hours of 10:00 p.m. and 7:00 a.m.
(11)
Commercial use or club proposed to be open between midnight
and 6:00 a.m. Within the V or GC District, any commercial use or club
proposed to be open any hours between 12:00 midnight and 6:00 a.m.
shall need special exception approval in order to operate during those
hours. Such special exception approval shall only apply to the extended
hours of operation, provided the proposed use is a permitted by right
use.
(12)
Commercial communications antennas as principal or accessory
use.
(a)
An accessory commercial communications antenna shall be permitted
by right in any district if it is attached to another structure, and
if it meets the following additional requirements:
[1]
In a district other than a Commercial or Industrial District,
the antenna shall extend a maximum of 20 feet beyond the existing
structure to which it is attached. The antenna shall be attached to
one of the following existing lawful structures:
[2]
In a Commercial or Industrial District, the antenna shall extend
a maximum of 40 feet beyond an existing building or structure (other
than a dwelling), provided the antenna is set back a distance equal
to its total height above the ground from any dwelling on another
lot.
(b)
Any commercial communications antenna/tower that does not meet Subsection A(12)(a) above shall only be allowed where specifically authorized in § 400-16, and in compliance with the following additional regulations:
[1]
Such antenna/tower shall be set back the following distances
from lot lines, whichever is greater:
[2]
A new tower, other than a tower on a lot of an emergency services
station, shall be set back a minimum distance of 100 feet, plus the
total height of the tower above the surrounding ground level from
any existing dwelling.
[3]
A tower attached to the ground shall be surrounded by a security
fence with a locked gate with a minimum height of eight feet and evergreen
plantings or preserved vegetation with an initial minimum height of
four feet.
[4]
The applicant shall provide a notarized written statement sealed
by a professional engineer stating that the communications antenna/tower
will meet the structural and wind resistance requirements of the latest
published version of the Borough's Building Code.
[5]
The applicant shall describe, in writing, the policies that
will be used to offer space on a tower to other communications providers
which shall serve to minimize the total number of towers necessary
in the region.
[6]
An applicant for a new commercial communications tower shall
provide evidence to the Zoning Hearing Board that they have investigated
co-locating their facilities on an existing tower and other tall structures
and have found such alternative to be unworkable. The reasons shall
be provided. At an absolute minimum, placement upon existing or approved
towers within a one-mile radius shall be considered, in addition to
other reasonable opportunities.
[7]
A maximum total height of 200 feet above the ground shall apply
in a Commercial and Industrial District and 150 feet in any other
district where a tower may be allowed, unless the applicant proves
to the Zoning Hearing Board that a taller height is necessary and
unavoidable.
[8]
The Zoning Hearing Board may require lighting of an antenna
even if it will not be required by the Federal Aviation Administration.
Such lighting is intended to provide protection for emergency medical
helicopters.
[9]
A new tower shall be designed in a manner that minimizes its
visual intrusiveness and environmental impacts to the maximum extent
feasible. For example, monopole designs are preferred over lattice
designs. Self-supporting towers are preferred over towers with guy
wires.
[10]
Design and construction shall minimize the removal
of mature trees, and shall be placed on a lot utilizing to the maximum
extent feasible existing trees and vegetation as screening.
(c)
Purposes. These provisions for commercial communications antennas/towers
are primarily designed to serve the following purposes, in addition
to the overall objectives of this chapter:
[1]
To protect property values;
[2]
To minimize the visual impact of antennas/towers, particularly
considering the importance of the scenic beauty of the area in attracting
visitors for outdoor recreation;
[3]
To minimize the number and heights of towers in a manner that
still provides for adequate telecommunications services and competition.
(d)
A tower/antenna that primarily serves emergency communications
by a Borough-recognized police, fire or ambulance organization, and
is on the same lot as an emergency services station, shall be permitted
by right.
(e)
Any antenna and tower that is no longer in active use shall
be completely removed within six months after the discontinuance of
use. The operator shall notify the Zoning Officer, in writing, after
the antenna or tower use is no longer in active use. Any lease shall
require such removal by the owner of the antenna/tower. Any lease
should provide that the lease shall expire once the antenna/tower
is removed and shall bind every lessee to the terms of any approval
or permit.
(f)
All utility buildings serving a tower shall have a maximum height
of 10 feet. Where a utility building is adjacent to a residential
lot, it shall meet principal building setbacks along those lot lines.
(13)
Conversion of an existing building (including an existing dwelling)
into dwelling units.
(a)
Applicable state fire safety requirements shall be met.
(b)
The following regulations shall apply to the conversion of an
existing one-family dwelling unit into a greater number of dwelling
units:
[1]
The front of the building shall maintain the appearance of the
front of a one-family dwelling with a single front entrance. Additional
entrances may be placed on the side or rear of the structure. The
dwelling units may internally share the single front entrance.
[2]
The conversion shall not be permitted if it would require the
placement of an exterior stairway on the front of the building, or
would require the placement of more than three off-street parking
spaces in the existing front yard.
(c)
A previously residential building shall maintain a clearly residential
appearance, except as may be necessary for restoration of a historic
building.
(e)
A maximum total of four dwelling units may be developed per
lot unless a more restrictive provision is established by another
section of this chapter.
(14)
Day-care center, child.
(a)
See also day care, child; family day-care home; or group day-care home as an accessory use in § 400-22.
(b)
The use shall comply with any applicable state and federal regulations,
including having an appropriate State Department of Public Welfare
or other required registration, certificate or license.
(c)
Convenient parking spaces within the requirements of Article VI shall be provided for persons delivering and waiting for children.
(d)
In residential districts, where permitted as a principal use,
a day care use shall have a minimum lot area of 6,000 square feet
and a minimum setback of 10 feet from an abutting residential lot
line.
(e)
The use shall include secure fencing around outdoor play areas. See fence provisions in § 400-22.
(f)
Outdoor play areas of a day-care center involving the care of
25 or more children at any one time shall be set back a minimum of
25 feet from the exterior walls of an abutting existing dwelling.
(g)
This use shall not be conducted in a dwelling that is physically
attached to another dwelling that does not have a common owner.
(h)
In residential districts, any permitted child day-care use shall
maintain an exterior appearance that resembles and is compatible with
any existing dwellings in the neighborhood.
(i)
A day-care use may occur in a building that also includes permitted
or nonconforming dwelling units.
(j)
See also the standards for a place of worship, which allows
a day-care center as an accessory use.
(15)
Group homes. A group home is permitted within a lawful dwelling
unit, provided the following additional requirements are met:
(b)
The applicant shall provide a written statement describing how
the facility will have adequate trained staff supervision for the
number and type of residents. The Zoning Officer may require twenty-four-hour
on-site staffing if necessary for the number and type of residents.
(c)
The applicant shall provide evidence of any applicable federal,
state or county licensing or certification to the Zoning Officer prior
to issuance of a use and occupancy certificate and any occupancy.
If such licensing or certification is changed, suspended or revoked,
the operator shall provide written notice to the Zoning Officer within
seven days.
(d)
The group home shall register, in writing, its location, general
type of treatment/care, maximum number of residents and sponsoring
agency with the Zoning Officer. If there are any changes in such matters,
the operator shall provide written notice to the Zoning Officer within
seven days. The Zoning Officer may require a new approval if, in his
discretion he determines that there are significant changes in the
nature of the group home.
(e)
Any on-site medical or counseling services shall be limited
to a maximum of three nonresidents per day. Any on-site staff meetings
shall be limited to a maximum of five persons at one time.
(f)
A minimum of one off-street parking space shall be provided
per on-site employee, plus one space for every two residents able
to drive a vehicle.
(g)
If a group home is in a residential district, an appearance
shall be maintained that is closely similar to nearby dwellings, and
no sign shall identify the use.
(h)
The persons living on-site shall function as a common household
unit.
(17)
Junkyard.
(a)
Storage of garbage or biodegradable material is prohibited,
other than what is customarily generated on site and routinely awaiting
pickup.
(c)
The site shall contain a minimum of two exterior points of access,
each of which is not less than 20 feet in width. One of these accesses
may be limited to emergency vehicles. Cleared driveways shall be provided
throughout the entire use to allow access by emergency vehicles. Adequate
off-street parking areas shall be provided for customers.
(d)
Outdoor storage shall be completely enclosed (except at approved driveway entrances) by a forty-foot wide buffer yard which complies with § 400-50, unless such storage is not visible from an exterior lot line or street. The initial height of the evergreen planting shall be six feet. Secure chain link or similar fencing with a minimum height of eight feet shall be provided and well-maintained around all outdoor storage areas. Such fencing shall be provided inside of the evergreen screening.
(e)
Burning or incineration is prohibited.
(g)
All fluids shall be drained from all vehicles and properly disposed
of. All batteries and fluids shall be removed from vehicles and stored
in a suitable area on an impervious and properly drained surface.
(h)
The minimum lot area shall be one acre and the maximum area
shall be 10 acres.
(18)
Kennel.
(a)
The minimum lot area shall be three acres.
(b)
All buildings in which animals are housed and all runs shall
be located at least 200 feet from all residential lot lines.
(c)
Buildings shall be adequately soundproofed so that sounds generated
within the buildings cannot routinely be heard within any principal
building on another lot.
(d)
No animal shall be permitted to use outdoor runs from 8:00 p.m.
to 8:00 a.m. that are within 250 feet of an existing dwelling. Runs
for dogs shall be separated from each other by visual barriers a minimum
of four feet in height to minimize dog barking.
(e)
Structures in which animals are kept shall provide adequate
shelter from the elements, including being heated during cold weather.
(f)
All animal wastes shall be removed and properly disposed of
at least once a day and properly contained to avoid absorption into
the ground.
(g)
The operator of the kennel shall exercise all necessary control
over the animals and shall not allow a nuisance condition to exist
in terms of excessive noise, odor or health hazards.
(h)
The kennel shall be operated in full compliance with the State
Animal Welfare Act and applicable state kennel regulations. The kennel
shall be open to regular inspection by the Zoning Officer and any
designated health inspector.
(19)
Medical or dental facility within a LDR or TR District.
[Added 4-6-2009 by Ord.
No. 1-2009]
(a)
The use shall be conducted indoors only. No outdoor storage
or display of any nature shall be permitted. The exterior of the building
in which a medical or dental facility is permitted shall appear residential
in nature as viewed from the street.
(c)
Only one physician or dentist shall operate out of each facility
and assistants, nurses or technicians shall be limited to two in number.
(20)
Membership club.
(a)
Any active outdoor play areas shall be set back at least 30
feet from any abutting residential lot line.
(b)
If a membership club is proposed to be open between the hours of 12:00 midnight and 6:00 a.m., then see the provisions of § 400-21A(11).
(21)
Mineral extraction.
(a)
A copy of all site plan information that will be required by
the state DEP shall also be submitted to the Borough as part of the
zoning application. A detailed and an appropriate land reclamation
and reuse plan of the area to be excavated shall be submitted to the
Zoning Officer. After areas are used for mineral extraction, those
areas shall be reclaimed in phases to a nonhazardous and environmentally
sound state permitting some productive or beneficial future use.
(b)
A seventy-five-foot wide buffer covered by natural vegetative
ground cover (except at approved driveway crossings) shall be required
along all exterior lot lines that are within 250 feet of an area of
excavation. This buffer shall include an earth berm with a minimum
average height of six feet and an average of one shade tree for each
50 feet of distance along the lot lines. Such shade trees shall be
planted outside of any berm and any fence.
(c)
The following minimum setbacks shall apply for the excavated
area of a mineral extraction use from property that is not owned by
the owner or operator of the mineral extraction use:
[1]
One hundred feet from the existing right-of-way of public streets
and from all exterior lot lines of the property;
[2]
One hundred fifty feet from a commercial or industrial building,
unless released by the owner thereof;
[3]
Two hundred fifty feet from a residential lot line, other than
an abandoned dwelling;
[4]
One hundred fifty feet from the lot line of a publicly owned
recreation area that existed at time of the application for the use
or expansion.
(d)
The excavated area of a mineral extraction use shall be set
back 150 feet from the average waterline of a perennial stream or
the edge of a natural wetland of more than two acres.
(e)
Truck access to the use shall be located to reasonably minimize
hazards on public streets and dust and noise nuisances to residences.
(f)
The Zoning Hearing Board may require secure fencing in locations
where needed to protect public safety. As an alternative, the Zoning
Hearing Board may approve the use of thorny vegetation to discourage
public access. Also, warning signs shall be placed at intervals of
not less than 100 feet around the outer edge of the use.
(h)
A soil erosion and sedimentation plan shall be prepared by the
applicant and found to be acceptable to the York County Conservation
District.
(i)
The Zoning Hearing Board, as a condition of special exception
approval, may reasonably limit the hours of operation of the use and
of related trucking and blasting operations to protect the character
of adjacent residential areas.
(j)
The activities and residual effects shall not create conditions
that are significantly hazardous to the health, safety and welfare
of neighboring residents.
(22)
Mobile/manufactured home. Installed on an individual lot or
within a mobile/manufactured home park approved after the adoption
of this chapter.
(a)
Any mobile/manufactured home placed on any lot after the adoption
of this chapter shall be constructed in accordance with 1976 or later
Safety and Construction Standards of the U.S. Department of Housing
and Urban Development. (Note: These federal standards supersede any
Building Code for the actual construction of the home itself.)
(b)
Each site shall be graded to provide a stable and well-drained
area.
(c)
Each home shall have hitch and wheels removed.
(d)
A mobile/manufactured home on an individual lot or mobile/manufactured
home park shall include a system that secures the home to the ground
to prevent shifting, overturning or uneven settling of the home, with
a secure base for the tie-downs.
(e)
The space between the bottom of the home and the ground and/or home pad shall be enclosed using a durable material that has the appearance of a foundation of a site-built home, such as material with a concrete-type or stucco facing. This Subsection A(22)(e) shall not apply within a mobile/manufactured home park. Metal skirting shall only be permitted within a mobile/manufactured home park. Provisions shall be provided as necessary for access to utility connections.
(f)
The front door of the home shall face onto a public street,
except within a mobile/manufactured home park.
(h)
A mobile/manufactured home shall not be permitted within a state-certified
or National Register Historic District, unless it is constructed of
at least two stories with a front door facing a street.
(23)
Mobile/manufactured home park.
(a)
Plans shall be submitted and reviewed by the Borough for all mobile/manufactured home parks in compliance with the mobile home park provisions of Chapters 350 and of the Code, Subdivision and Land Development, and all other provisions of such chapter that apply to a land development, including the submission, approval and improvements provisions (other than specific provisions altered by this section).
(b)
The minimum tract area shall be two contiguous acres, which
shall be under single ownership, but which may include land in an
abutting existing mobile/manufactured home park. The tract shall have
a minimum width at the minimum building setback line of 200 feet.
Two abutting lots may be merged together to form a single mobile/manufactured
home park.
(c)
The maximum average overall density shall be four dwelling units
per acre.
[1]
To calculate this density: land in common open space or proposed
streets within the park may be included but land within the one-hundred-year
floodway or that has natural slopes of 15% or greater shall not be
included.
[2]
Phases. If an existing mobile home park is to be expanded into
an area not previously part of that mobile home park, the maximum
density and minimum common open space for the new area shall be considered
separately from the previously approved areas of the mobile/manufactured
home park. All expansions to an existing park shall also meet all
other provisions of this and other applicable chapters of the Code.
(d)
Each mobile/manufactured home park shall include a thirty-five-foot
wide landscaped area, including evergreen and deciduous trees around
the perimeter of the site, except where such landscaping would obstruct
safe sight distances for traffic. A planting plan for such area shall
be approved by the Zoning Hearing Board as part of any required special
exception approval. Such landscaped area shall not be required between
adjacent mobile home park developments. This landscaped area shall
be 50 feet wide abutting existing single-family detached dwellings.
The same area of land may count towards both the landscaped area and
the building setback requirements.
(e)
Setbacks.
[1]
A mobile/manufactured home, including any attached accessory
building, shall be set back a minimum of 25 feet from another other
dwelling within the mobile home park, except that unenclosed porches,
awnings and decks may be 15 feet from the walls of another dwelling.
[2]
The minimum separation between homes and the edge of interior
street cartway or parking court cartway shall be 25 feet.
[3]
The minimum principal and accessory building setbacks from exterior/boundary
lot lines shall be 50 feet.
(f)
Each home shall comply with the above requirements for mobile/manufactured homes in this § 400-21.
(g)
A detached accessory structure or garage shall be separated
by a minimum of 15 feet from any dwelling units which the accessory
structure is not accessory to.
(h)
A minimum of 10% of the total lot area of the entire mobile/manufactured
home park shall be set aside as common open space for the residents.
(i)
Streets.
[1]
Access to individual mobile home spaces shall be from interior
parking courts, access drives or private streets and shall not be
from public streets exterior to the development.
[2]
Streets within the mobile home park that provide access to reach
20 or more dwellings shall have a minimum paved cartway of 24 feet,
and other local private streets or parking courts serving less than
20 homes shall have a minimum paved cartway of 20 feet.
[3]
Curbs and sidewalks are not required on the private streets,
but all private streets shall meet all other Borough cartway construction
standards.
(j)
All dwellings within the mobile/manufactured home park shall
be connected to a public water and a public sewage system. The water
system shall meet appropriate minimum water pressure/fire flow and
hydrant requirements.
(24)
Nursing home. A minimum of 20% of the lot shall be suitable
and developed for passive recreation. This area shall include outdoor
sitting areas and pedestrian walks.
(26)
Place of worship.
(a)
The minimum lot area shall be 30,000 square feet, except in
the V or GC Districts it shall meet the requirements of that district.
(b)
Weekly religious education rooms and meeting rooms are permitted
accessory uses, provided that such uses are of such a character and
intensity that they would be clearly customary and incidental to the
place of worship. A primary or secondary school and/or a child or
adult day-care center are permitted on the same lot as a place of
worship, provided the requirements for such uses are also met. Noncommercial
buses used primarily to transport persons to and from religious services
or a permitted school on the lot may be parked on the lot. Other uses
shall only be permitted if all of the requirements for such uses are
also met, including being permitted in the applicable district.
(c)
Two dwelling units may be accessory to a place of worship on
the same lot, provided that they are only used to house religious
leaders and their families.
(27)
Recreation, outdoor.
(28)
Recycling collection center.
(a)
This use shall not be bound by the requirements of a solid waste
disposal facility.
(b)
All materials shall be kept in appropriate containers, with
appropriate sanitary measures and frequent enough emptying to prevent
the attraction of insects or rodents and to avoid fire hazards.
(c)
Adequate provision shall be made for movement of trucks if needed
and for off-street parking.
(d)
A twenty-foot wide buffer yard with screening as required in § 400-50 shall be provided between this use and any abutting residential lot line.
(e)
This use may be a principal or accessory use, including being
an accessory use to a commercial use, an industrial use, a public
or private primary or secondary school, a place of worship or a Borough-owned
use, subject to the limitations of this section.
(f)
Materials to be collected shall be of the same character as
the following materials: paper, fabric, cardboard, plastic, metal,
aluminum and glass. No garbage shall be stored as part of the use,
except for that generated on site and that accidentally collected
with the recyclables. Only materials clearly being actively collected
for recycling may be stored on site.
(g)
The use shall only include the following operations: collection,
sorting, baling, loading, weighing, routine cleaning and closely similar
work. No burning or landfilling shall occur. No mechanical operations
shall routinely occur at the site other than operations such as baling
of cardboard.
(h)
The use shall not include the collection or processing of pieces
of metal that have a weight greater than 50 pounds, except within
an Industrial District.
(i)
The use shall include the storage of a maximum of 50 tons of
materials on the site if the use is within a residential district
and within 500 feet of an existing dwelling.
(29)
Residential conversions. See conversions of an existing building
within this section.
(32)
Self-storage development.
(a)
All storage units shall be of fire-resistant construction.
(b)
Outdoor storage shall be limited to recreational vehicles, boats
and trailers. No junk vehicles shall be stored within view of a public
street or a dwelling.
(c)
Trash, radioactive or highly toxic substances, garbage, refuse,
explosives or flammable materials, hazardous substances, animal carcasses
or skins, or similar items shall not be stored.
(d)
Nothing shall be stored in interior traffic aisles, required
off-street parking areas, loading areas or accessways.
(e)
The use shall not include a commercial auto repair garage unless
that use is permitted in the district and the use meets those requirements.
(f)
Adequate lighting shall be provided for security, but it shall
be directed away or shielded from any adjacent residential uses.
(h)
The minimum separation between buildings shall be 20 feet.
(33)
Swimming pool, nonhousehold.
(a)
The water surface shall be set back at least 50 feet from any
existing dwelling.
(b)
The minimum lot area shall be one acre.
(c)
Any water surface within 100 feet of an existing dwelling shall be separated from the dwelling by a buffer yard meeting § 400-50.
(d)
The water surface shall be surrounded by a secure, well-maintained
fence or building enclosure at least six feet in height.
(e)
A proper method shall be provided for drainage of the water
from the pool that will not flood other property.
(34)
Target range.
(a)
All target ranges shall have a barrier behind the target area
which is of sufficient height and thickness to adequately protect
the public safety. This barrier shall be made of earth for an outdoor
firearms range.
(b)
The design of the outdoor firearms target range shall meet all
guidelines of the National Rifle Association.
(c)
An outdoor firearms target range and any firing stations shall
be located a minimum of 250 feet from any residential lot line, unless
all firing would occur within a completely enclosed sound-resistant
building. Clay pigeon shooting shall be directed away from homes and
streets.
(d)
An outdoor firearms target range shall be properly posted.
(f)
An indoor firearms target range shall be adequately ventilated
and/or air conditioned to allow the building to remain completely
enclosed.
(35)
Townhouses/rowhouses and apartments.
(a)
The maximum number of townhouses attached in any manner shall
be eight.
(b)
All off-street parking spaces, except spaces on driveways immediately
in front of a carport or garage entrance, shall be set back a minimum
of 15 feet from any dwelling.
(c)
It is strongly recommended that all townhouses be designed so
that garages and/or carports are not an overly prominent part of the
view from public streets. For this reason, parking courts, common
garage or carport structures or garages at the rear of dwellings are
encouraged instead of individual garages opening onto the front of
the building, especially for narrow townhouse units.
(d)
Any mailboxes provided within the street right-of-way should
be clustered together in an orderly and attractive arrangement or
structure. Individual freestanding mailboxes of noncoordinated types
at the curbside are specifically discouraged.
(e)
Vehicular access points onto all arterial and collector streets
shall be minimized to the lowest reasonable number. No townhouse dwelling
within a tract of five or more dwelling units shall have its own driveway
entering onto an arterial or collector street.
(36)
Treatment centers.
(a)
The applicant shall provide a written description of all types
of persons intended to occupy the use during the life the permit.
Any future additions to this list shall require an additional special
exception approval.
(b)
The applicant shall prove to the satisfaction of the Zoning
Hearing Board that the use will involve adequate on-site supervision
and security measures to protect public safety.
(c)
The Zoning Hearing Board may place conditions upon the use to
protect public safety, such as conditions on the types of residents
and security measures.
(d)
If the use involves five or more residents, a suitable on-lot
outdoor recreation area shall be provided that is supervised by the
center's staff.
(e)
Any such use shall be set back a minimum of 600 feet from any
existing treatment center.
(37)
Veterinarian office.
(a)
The minimum lot area shall be 15,000 square feet.
(b)
Any structure in which animals are treated or housed shall be
a minimum of 50 feet from any residential lot line. Buildings shall
be adequately soundproofed so that sounds generated within the buildings
cannot be heard at a residential lot line.
(c)
Outdoor animal runs may be provided for small animals for use
between 8:00 a.m. and 8:00 p.m., provided the runs are at least 150
feet from any existing dwelling and provided that the runs for dogs
are separated from each other by visual barriers a minimum of four
feet in height.
(d)
Although animals may be kept as an accessory use, a commercial
kennel shall only be allowed if a kennel is permitted in that district
and if the applicable requirements are met.
A.
General. Accessory buildings, structures or uses that are clearly
customary and incidental to a permitted by right, special exception
or conditional use are permitted by right, except as is provided for
in this chapter. A business shall only be conducted as an accessory
to a dwelling if specifically permitted by this chapter.
B.
Accessory setbacks. The accessory setback requirements of the applicable
district shall apply to every accessory building, structure or use
unless a standard that is more restrictive or less restrictive is
specifically stated in this article for a particular accessory use.
Accessory structure setback requirements shall not apply to permitted
surface parking lots, fences or permitted accessory signs.
C.
Prohibited locations. No accessory structure, use or building shall
be permitted in the front yard in any district, unless specifically
permitted by this chapter.
D.
Special standards. Each accessory use shall comply with all of the
following standards listed for that use:
(2)
Day care, child as an accessory use.
(b)
In any case, in a residential district, seven to 12 children
(other than children who are related to the primary caregiver) shall
only be cared for at one time within a single-family detached dwelling
with a minimum lot area of 12,000 square feet and a ten-foot minimum
setback from all existing dwellings on another lot(s). Four to six
children, in addition to children who are related to the primary caregiver,
shall only be cared for at one time within a dwelling that is not
attached to another dwelling. The care of fewer numbers of children
may occur within any lawful dwelling unit.
(c)
The dwelling shall retain a residential appearance with no change
to the exterior of the dwelling to accommodate the use, other than
cosmetic improvements.
(d)
The use shall be actively operated by a permanent resident of
the dwelling.
(e)
If four or more children who are not related to the primary
caregiver are cared for, then a minimum of 200 square feet of safe
exterior play area shall be available.
(g)
The use shall comply with any applicable state and federal regulations,
including having all required State Department of Public Welfare (or
other required regulatory agency) registration certificates or licenses
if required by such agency.
(h)
The use shall include a secure fence around any outdoor areas
that are routinely used for outdoor play abutting streets.
(3)
Donation/recycling
drop-off bins.
[Added 8-2-2021 by Ord. No. 4-2021[1]]
(a)
See § 400-10 for the definition of a donation/recycling drop-off bin (referred to herein as a "bin").
(b)
Accessory use. Bins may be permitted as an accessory use to
all permitted nonresidential uses within a residential zoning district
pursuant to this subsection.
(c)
Temporary use permit.
[1]
The property owner or authorized agent must apply for a temporary
use permit ("TUP") on the form provided by the Borough prior to installing
or operating a bin(s). All such use and operation of the bin shall
be subject to the terms and conditions set forth in the TUP or elsewhere
in the Borough Code of Ordinances.
[2]
An annual fee of $25 per bin shall be paid for each TUP. This
amount may be amended from time to time by resolution of the Borough
Council.
[3]
The TUP must be renewed every six months.
[4]
The Borough may consider prior permit revocations, including,
without limitation, TUPs, notices of violations, and any fraudulent
information provided on any prior applications when determining whether
to approve or deny any application for a TUP for a bin, or any annual
renewal thereof.
(d)
Location; number.
[1]
Bins must be located on a paved surface, and shall not be located
within the front or side setbacks, landscaped areas, or within required
parking spaces.
[2]
Bins must not obstruct pedestrian or vehicular traffic flow,
be located within any public right-of-way, drive aisles, fire lanes,
loading zones, or any other location that may cause hazardous conditions,
or constitute a threat to the public health, safety, and/or welfare.
[3]
For properties containing one acre or less, only one bin shall
be permitted; for properties containing over one acre, no more than
two bins shall be permitted.
[4]
For properties on which more than one bin is permitted, no more
than two bins shall be clustered together in any one location.
(e)
Capacity and display.
[1]
Bins shall have a capacity of no more than four cubic yards.
For properties on which more than one bin is permitted, an eight-cubic-yard
bin is permitted in place of two four-cubic-yard bins.
[2]
Bins must have a securely closing and locking lid, shall be
clearly marked to identify the specific items and materials to be
collected for donation, and clearly marked on the deposit-facing side
of the bin with the TUP number issued by the Borough.
[3]
Bins must display the name and local telephone number and email
address of the entity obtaining the TUP.
(f)
Removal of donated items.
[1]
Bins must be emptied of the contents between the hours of 8:00
a.m. and 5:00 p.m., prevailing time, no less than one time every 14
calendar days. In the event the 14th day falls on a holiday as recognized
by the Borough, the aforementioned deadline shall be extended to the
following day.
[2]
Any items that are left outside of the bins must be removed
within 24 hours of the earlier to occur of: discovering the same,
or receiving notice of the same from the Borough.
(g)
Damaged and/or vandalized bins. Any damaged or vandalized bin
must be repaired or removed within five business days of the earlier
to occur of: discovering the same, or receiving notice of the same
from the Borough; provided, however, that in the event any bin(s)
presents a public health, safety, or welfare concern, the same shall
be remedied within 24 hours of the earlier to occur of: discovering
the same, or receiving notice of the same from the Borough.
(h)
Responsibility; violations.
[1]
It shall be the responsibility of the property owner, or the
authorized agent thereof, and the entity obtaining the TUP to keep
the area surrounding the bins free of litter and debris, and to otherwise
comply with the terms of this subsection and the Borough Code of Ordinances;
and to maintain the bin in good condition, including, without limitation,
free of dents and rust.
[2]
Any bin that is not maintained or located in compliance with
this subsection, after notice to the property owner and the entity
obtaining the TUP as provided herein:
[a]
Is hereby deemed a public nuisance in accordance
with the Spring Grove Borough Property Maintenance Code, as amended,[2] and shall be subject to the terms thereof, including,
without limitation, the enforcement and violation provisions of Section
106 therein; and
[b]
May result in the revocation of the TUP.
[3]
If any TUP is revoked as the result of a violation(s) of the
provisions herein, the Borough shall not refund any permit fee paid
for such bin(s).
(i)
For the avoidance of doubt, the property owner, or the authorized
agent thereof, and the entity obtaining the TUP shall be the parties
controlling the TUP and the bin(s) located on the property. Nothing
contained herein shall be deemed to prohibit a property owner, or
the authorized agent thereof, and the entity obtaining the TUP from
removing and disposing of any unwanted bin(s) at any time, whether
or not the said bin(s) is/are permitted or not permitted pursuant
to the terms hereof.
(4)
Drive-through service or facilities.
(a)
The proposed traffic flow and ingress/egress shall not cause
traffic hazards or congestion on adjacent streets.
(b)
On-lot traffic circulation shall be clearly marked.
(c)
A drive-through use shall be designed with space for an adequate
number of waiting vehicles while avoiding conflicts with traffic onto,
around and off of the site. Any drive-through facilities shall be
designed to minimize conflicts with pedestrian traffic and through
traffic.
(d)
Exterior trash receptacles shall be provided and be regularly
emptied. All applications shall describe measures that will be taken
to control litter.
(e)
Any exterior speaker system shall be located and designed to
avoid noise nuisances for neighbors.
(5)
Fences and walls.
(a)
Fences and walls are permitted by right in all districts. Any
fence or wall shall be durably constructed and well-maintained. Fences
that have deteriorated shall be replaced or removed.
(b)
No fence or wall shall obstruct the sight requirements of § 400-50C. A fence or wall shall also be set back at intersections of two alleys or a street and an alley as needed to provide for minimum sight distance.
(c)
Fences.
[1]
Any fence located in the front yard of a lot in a residential
or V District shall:
[a]
Be an open-type of fence (such as picket or split
rail) with a minimum ratio of one to one of open to structural areas;
[b]
Not exceed three feet in height; and
[c]
Be constructed entirely of wood (plus any required
fasteners and any wire mesh attached on the inside of the fence),
or wrought iron or other material such as vinyl that resembles wood
or wrought iron.
[2]
A fence shall not be required to comply with minimum setbacks
for accessory structures.
[3]
Other than as provided in subsection D(4)(c)[1] above:
[a]
A maximum height of eight feet shall apply to fences
that are not within a residential or Village District or a residential
use.
[b]
A fence located in a residential district in a
location other than a required front yard shall have a maximum height
of 6.5 feet, except a maximum height of eight feet shall be permitted
by special exception if such taller height is necessary to protect
public safety around a specific hazard.
[4]
No fence shall be built within the street right-of-way. A fence
of a dwelling may be constructed up to, but not upon, a lot line in
a residential district, but a one foot or greater setback is required
to provide for future maintenance of the fence.
[5]
Barbed wire shall not be used as part of fences around dwellings.
Electrically charged fences shall only be used to contain farm animals,
and shall be of such low intensity that they will not permanently
injure humans. No fence shall be constructed out of fabric, junk,
junk vehicles, appliances, tanks or barrels.
(6)
Garage sale (see definition in § 400-10).
(a)
Every garage sale shall require a permit issued by the Borough,
which permit shall remain at the place of the sale during the entire
time of the sale.
(b)
A garage sale shall include only goods and property of the applicant,
and shall not include wholesale sales, sale of new merchandise other
than custom crafts, or goods or property otherwise acquired by an
applicant for the purpose of resale.
(c)
No garage sales shall be held during more than four days total
in any two consecutive weeks.
(d)
The use shall be clearly accessory to the principal use.
(e)
The sale shall not be held between the hours of 7:00 p.m. and
7:00 a.m.
(f)
Goods for sale shall only be displayed on the day of the sale.
(g)
Every dwelling is limited to three garage sales per calendar
year.
(7)
Home occupations.
(a)
All home occupations shall meet the following requirements:
[1]
The use shall be conducted primarily by a permanent resident of the dwelling. A general home occupation shall involve a maximum of two persons who do not reside within the dwelling working on site or utilizing vehicles based at the property on a daily basis. See limits in Subsection D(6)(b) below concerning no-impact home occupations.
[2]
The use shall be conducted indoors. No outdoor storage or display
related to the use shall be permitted. No changes shall occur to the
exterior of a building that would reduce its residential appearance
as viewed from a street.
[3]
The use shall be secondary to the residential use.
[4]
The use shall occupy an area that is not greater than 30% of
the total floor area of the principal dwelling unit, not including
unimproved basements and alleys.
[5]
One off-street parking space shall be required per nonresident
person working on site. In addition, for a general home occupation,
the Zoning Hearing Board shall require additional off-street parking
if the Board determines it is necessary for customer parking.
[6]
A no-impact home occupation shall not involve regular delivery
or pickup by trucks. A general home occupation shall not involve delivery
or pickup by tractor-trailer trucks.
[7]
The regulations of § 400-22D(9)(d) regarding parking of trucks shall apply to a home occupation. No excavating equipment shall be parked overnight on a residential lot or an adjacent street as part of a home occupation.
[8]
No equipment or machinery shall be permitted that produces noise,
noxious odor, vibration, glare, electrical or electronic interference
detectable on another property. The use shall not involve the storage
or use of hazardous, flammable or explosive substances, other than
types and amounts typically found on a residential property. The use
shall not involve the storage or use of toxic or highly hazardous
substances.
[9]
A home occupation shall not be conducted in a manner that is
perceptible to other residents between the hours of 9:00 p.m. and
7:30 a.m.
[10]
Any tutoring or instruction shall be limited to
a maximum of three students at a time.
[11]
A barbershop or beauty shop shall not include
any nonresident persons working on site.
[12]
The main office of a medical doctor, chiropractor
or dentist shall not be permitted as a home occupation.
[13]
See home occupation sign requirements in § 400-38. A no-impact home occupation shall not include any sign, except within the V, GC or I Districts.
[14]
The Zoning Hearing Board shall also determine whether a home occupation meets the special exception standards of § 400-58C. In making such determination, the Board shall review the likely amounts of traffic, the types of operations involved and related nuisances, the amount of off-street and on-street parking that is available, the density of the neighborhood, whether the use would be adjacent to another dwelling, and setbacks from other dwellings.
[15]
The use shall not involve manufacturing, other
than of custom crafts and sewing. The use shall not involve commercial
repair of motor vehicles.
[16]
The use may include sales using telephone, mail
order or electronic methods. On-site retail sales shall only be permitted
within a general home occupation, if occasional in nature or by appointment,
and if specifically approved as part of a special exception approval,
if within a residential district.
[17]
If more than one home occupation is accessory
to a dwelling, the total aggregate impact of the home occupations
shall be considered in determining compliance with this chapter.
[18]
A zoning permit shall be required for any home
occupation.
(b)
In addition to the requirements listed in Subsection D(6)(a) above, the following additional requirements must be met to qualify as a no-impact home occupation:
[1]
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
[2]
The business shall employ no employees other than family members
residing in the dwelling.
[3]
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
[4]
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs or lights.
[5]
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
[6]
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.
[7]
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
[8]
The business may not involve any illegal activity.
(8)
Outdoor storage and display. Commercial or industrial as a principal
or accessory use.
(a)
Outdoor storage or display shall not occupy any part of any
of the following: the existing or future street right-of-way, sidewalk
or other area intended or designed for pedestrian use, or required
or existing parking area.
(b)
No such storage or display shall occur on areas with a slope
in excess of 25% or within the one-hundred-year floodway.
(d)
Any storage of more than 150 used tires shall only be permitted
as part of a Borough-approved junkyard. Any storage of used tires
shall involve piles/stacks of tires with a maximum height of 15 feet,
and that cover a maximum of 400 square feet. Each pile or stack shall
be separated from other piles or stacks and from all lot lines by
a minimum of 75 feet.
(9)
Pets, keeping of.
(a)
This is a permitted by right accessory use in all districts.
(b)
No use shall involve the keeping of animals or fowl in such
a manner or of such types of animals that it creates in the determination
of the Zoning Officer a nuisance (including noise or odor), a health
hazard or a public safety hazard. The owner of the animals shall be
responsible for collecting and properly disposing of all fecal matter
from pets. No dangerous animals shall be kept outdoors in a residential
district, except within a secure, completely enclosed cage or fenced
area of sufficient height or on a leash under full control of the
owner. Animals shall not create unsanitary conditions or noxious odors
for neighbors.
(d)
The keeping of a maximum of two total pigeons (except as may
be preempted by the State Carrier Pigeon Law[3]), chickens, ducks, geese and/or similar fowl shall be
permitted on lot with a minimum lot area of 10,000 square feet. Such
fowl shall not be kept on a lot of less than 10,000 square feet.
[3]
Editor's Note: See 53 P.S. § 3951 et seq.
(e)
Animals shall not create unsanitary conditions or noxious odors
for neighbors.
(f)
A minimum lot area of two acres shall be required for the keeping
of a horse. For each additional horse or similar equine animal, an
additional acre shall be required.
(g)
Only those pets that are domesticated and are compatible with
a residential character shall be permitted as keeping of pets. Examples
of permitted pets include dogs, cats, rabbits, gerbils and lizards,
but do not include bears, goats, wolves, wolf-dog hybrids, cows, venomous
snakes that could be toxic to humans, hogs or sheep.
(10)
Residential accessory structure or use.
(a)
Accessory structures and uses (other than fences) shall not be located within the required accessory use setback set forth in § 400-17A, unless specifically exempted by this chapter. Accessory structures shall not be located within a front yard. On a corner lot, accessory structures shall not be allowed in either front yard.
(d)
Parking commercial trucks overnight on a lot in a residential
district where the principal use is residential is prohibited, except
that the following shall be permitted if such vehicle is used by residents
of the dwelling to travel to and from work:
[1]
The parking of a maximum of two vehicles, each of up to 14,000
pounds aggregate gross vehicle weight.
(g)
In a residential or V District, a motor vehicle that does not
display a current license and registration shall not be kept in a
location visible from a street or a dwelling on another lot.
(h)
In a residential district, a recreational vehicle greater than
20 feet in length shall not be kept in a front yard of a dwelling
for more than three days in any seven-day period.
(11)
Swimming pool, household (referred hereafter as "pool").
(b)
Any pool deck or shelter that is elevated above the average
surrounding ground level and the water surface of any pool shall be
set back a minimum of 10 feet from any lot line. Patios around pools
that are level with the average surrounding ground level are not required
to be set back from lot lines. A pool is not permitted within a required
front yard. A pool shall comply with limitations of any water or sewer
easement.
(c)
A proper method shall be provided for drainage of the water
from the pool that will not flood other property. Such method may
be subject to approval of the Zoning Officer.
(d)
The Borough does not assume responsibility for guaranteeing
to the public that all new and existing pools fully comply with these
provisions.
(e)
A zoning permit shall be required for the construction or placement
of a swimming pool.
(12)
Telephones or vending machines.
(a)
No outdoor pay telephone and no outdoor coin-operated vending
machine shall be placed on a public sidewalk in the public right-of-way,
except for newspaper/periodical vending machines. A newspaper/periodical
vending machine shall only be permitted on a sidewalk if a four-foot
wide pedestrian path is unobstructed.
(b)
No pay telephone and no coin-operated vending machine shall
be permitted outdoors as accessory to a dwelling or a vacant lot.
(13)
Unit for care of relative.
(a)
A Borough permit shall be required for this use.
(b)
The accessory unit shall be occupied by a maximum of two persons,
who shall be relatives of one of the permanent residents of the principal
dwelling unit. At least one resident of the accessory unit shall need
such accommodations because of an illness, old age or disability,
based upon written letter from a licensed medical doctor.
(c)
The applicant shall prove to the Zoning Hearing Board that the
accessory unit has been designed and constructed so that it can be
easily reconverted into part of the principal dwelling unit after
the relative no longer resides within the unit. Such conversion and/or
removal shall occur a maximum of 120 days after the relative no longer
lives in the unit. A written plan shall be submitted showing how the
accessory unit will be changed to no longer be a separate unit. The
accessory unit may be converted into an additional bedroom(s), permitted
home occupation area or similar use. Any separate kitchen facilities
shall be removed. A lawful detached garage may be converted into a
unit for care of relative, and then be reconverted to a garage or
permitted home occupation area.
(d)
The applicant shall enter into an agreement with the Borough
which will prohibit the use of the accessory unit as a separate dwelling
unit after the relative no longer resides within the unit. Such agreement
shall assure compliance with this subsection and this chapter. Such
agreement shall also be binding upon future owners and occupants.
As part of the approval under this subsection, the applicant shall
be required to agree that he/she will allow the Zoning Officer to
enter the principal dwelling unit and unit for care of a relative
to determine compliance with this subsection. The Zoning Officer shall
provide 48 hours' advance notice of such inspection. The Zoning Officer
shall be allowed to make this inspection annually and upon renewal
of the permit.
(e)
The owner of the property shall be required to annually renew
the permit for the use. Such renewal shall be conditioned upon the
owner proving that a relative of the occupants of the principal dwelling
unit continues to reside within the accessory unit.
(f)
Such accessory unit shall not decrease the one-family residential
appearance of a one-family dwelling unit as viewed from exterior property
lines.
(g)
Additional parking for the accessory unit may be waived by the
Zoning Hearing Board as part of the special exception approval if
the applicant proves that the resident of the accessory unit will
not operate, own or lease a vehicle.
