Borough of Saxonburg, PA EXPRESS STANDARDS AND CRITERIA FOR CONDITIONAL USES AND USES BY SPECIAL EXCEPTION

[Ord. 366, 2/5/1992, Art. V, § 5.02; as amended by Ord. 416, 1/5/2004, § 2]

In addition to the general standards and criteria contained in § 27-52, the standards and criteria for specific uses contained in this section shall also apply for each specific conditional use or use by special exception listed below.

The following criteria shall apply to the specific uses listed whenever such use is authorized in any zoning district as a conditional use or use by special exception.

Apartment in Combination with Office or Retail Business.

(1)

Apartments shall have a minimum gross floor area of 900 square feet.

(2)

Apartments in basements or garages shall not be permitted.

(3)

Apartments on the street floor shall not be permitted.

(4)

A minimum of 500 square feet of usable yard area shall be provided for the enjoyment of the residents of the apartment. The usable yard area shall be screened from adjacent commercial uses or parking areas by a buffer area, as defined by this chapter, which is at least three feet in depth.

(5)

The apartment shall have a separate entrance which does not require travelling through office or retail space.

(6)

Off-street parking shall be provided on the lot for both uses in accordance with the requirements of § 27-62. Shared parking for residential and retail/office use shall not be permitted.

Animal Hospital.

(1)

Outdoor runs and buildings housing animals shall be at least 100 feet from any property line adjoining an "R" district.

(2)

Outdoor runs and similar facilities shall be constructed for easy cleaning, shall be adequately secured by a minimum six-foot high fence with self-latching gate and shall be screened from adjoining residential properties by a buffer area, as defined by this chapter, which is at least four feet in depth, as measured from the property line.

(3)

Boarding of animals shall be limited to those animals which are being treated on the premises and shall be limited to the duration of their treatment.

Automobile Repair Garage.

(1)

The minimum site area shall be 10,000 square feet.

(2)

Such use shall be located no closer than 100 feet to any property in any "R" district.

(3)

There shall be no storage of dismantled vehicles outside of a building.

(4)

All repair work shall be performed within a completely enclosed building which has adequate ventilation and fire protection provisions.

(5)

All towed vehicles must be stored on the premises and shall be screened from public view by a six foot hedge or opaque fence. No vehicle shall be stored or dismantled on any public street.

(6)

The premises shall be kept clean and shall be maintained so as to not constitute a nuisance or a menace to public health and safety.

Automobile Service Station.

(1)

All minor repair work, vehicle washing and lubricating shall be conducted within a completely enclosed building.

(2)

All automobile parts, dismantled vehicles and similar materials shall be stored within a completely enclosed building.

(3)

There shall be no more than one motor vehicle per employee and employer plus three customer's vehicles per repair bay parked outside an enclosed building at any time.

(4)

Canopies over gasoline pumps shall be subject to the requirements of § 27-41(2)(G) of this chapter.

(5)

Gasoline pumps shall be located at least 40 feet from the center line of the right-of-way of any street.

(6)

All fuel, oil or similar substances shall be stored at least 25 feet from any property line.

(7)

All property lines adjoining residential use or zoning district classification shall be screened by a buffer area as defined by this chapter which is at least six feet in depth measured from the property line.

(8)

All lighting shall be shielded away from adjacent properties and streets.

Automobile Wrecking Yard or Junkyard.

(1)

The minimum site size shall be five acres.

(2)

The premises shall be maintained so as to not constitute a nuisance or a menace to public health and safety.

(3)

No garbage or other organic waste shall be stored on the premises.

(4)

The manner of storage shall facilitate access for fire fighting equipment and shall prevent accumulation of stagnant water.

(5)

No junk or wrecked vehicles shall be stored or accumulated and no structure shall be constructed within 100 feet of any dwelling unit or within 40 feet of any property line or public street.

(6)

The premises shall be enclosed by a metal chain-link fence not less than eight feet in height supported on steel posts with self-latching gate.

(7)

The fence shall be supplemented with screening material which creates a visual barrier that is at least 80% opaque.

(8)

The operator shall obtain a license from the Borough prior to initiating operations which shall be renewable annually upon payment of a fee established by resolution of Borough Council and inspection by the Zoning Officer to determine continuing compliance with these standards.

Billboards.

(1)

No billboard shall be located on any property in any "R" or "C" classified district.

(2)

Billboards shall be located only within 400 feet of the center line of an arterial road, as defined by this chapter.

(3)

Billboards shall be freestanding, ground-mounted, single-column post supported displays which have no structural contact with any building or other structure.

(4)

The maximum surface area of a billboard shall be 100 square feet.

(5)

The maximum height of a billboard shall be 20 feet.

(6)

Billboards shall be located so as to be no higher than 40 feet above the curb of the street from which they are intended to be viewed. Billboards which are not at grade shall provide a minimum clearance from the bottom of the sign to grade of 15 feet.

(7)

A billboard may have two sign faces per structure placed back to back or in a "V" shaped configuration on a single support system.

(8)

No billboard shall be placed within 500 feet of any "R" classified property or any public or private school property, park, library or church when the display face of the billboard will be visible therefrom. This required distance shall be measured along the frontage of the street or highway on which the billboard is located.

(9)

Billboards shall be located at least 10 feet from any street right-of-way. Billboards shall be subject to the side yard and rear yard requirements of the zoning district in which they are located, except where the yard adjoins an "R" classified property where the minimum yard required shall be 500 feet.

(10)

No billboard shall be erected closer than 1,000 feet to any other existing or proposed billboard on the same side of the street or highway.

(11)

Billboards shall be non-illuminated or indirectly illuminated, providing all lighting is shielded and reflected away from adjacent streets and property.

(12)

The location of a billboard shall not obstruct visibility of any other business sign nor shall it obstruct visibility for traffic entering or leaving any property or travelling on any street.

Cemeteries.

(1)

The minimum site required shall be 20 acres.

(2)

No mausoleums or crematoriums shall be located within 200 feet of any property line or street right-of-way.

(3)

A drainage plan shall be submitted with the application to show existing and proposed run-off characteristics.

(4)

Parking for principal structures such as chapels or mausoleums shall be provided at the ratio of one space for each three seats or 20 spaces for each room without seats.

(5)

Interior streets shall be designed to accommodate parking along at least one side of the street without interrupting the free flow of traffic.

Churches and Schools.

(1)

The minimum site size shall be one acre.

(2)

(3)

No storage of equipment or material shall be permitted outside a structure.

Commercial, Public and Private Recreation Areas.

(1)

The minimum site required shall be 20,000 square feet.

(2)

The site shall have frontage on and direct vehicular access to an arterial street or collector street, as defined by this chapter.

(3)

Any outdoor activities which are located within 200 feet of any existing dwelling shall cease at 12:00 midnight.

(4)

Any use which includes a swimming pool shall be further subject to § 27-53(2)(FF), below.

(5)

Any use which includes a golf course or country club shall be further subject to § 27-53(2)(0), below.

(6)

Any use which includes a private club shall be further subject to § 27-53(2)(CC), below.

Comparable Uses Not Specifically Listed.

(1)

Comparable uses of the same general character as any of the uses authorized as permitted uses, conditional uses or special exceptions in the zoning district may be authorized, if it is determined that the impact of the proposed use on the environment and the adjacent streets and properties is equal to, or less than, any use specifically listed in the zoning district.

(2)

In determining whether the use is of the same general character, the following characteristics shall be considered: number of employees, floor area of building or lot devoted to the proposed use, the type of products, the material, equipment or services involved, the magnitude of walk-in trade, traffic generation, environmental impacts and similiar features.

(3)

Such use shall involve only those processes and products which are similar to the processes and products listed in the uses permitted by right, conditional uses or uses by special exception in the zoning district.

(4)

The proposed use shall comply with all applicable bulk and dimensional requirements of § 27-41 and any applicable standards and criteria of Part 5 for the most nearly comparable use specifically listed in the zoning district.

(5)

The use shall be consistent with the purpose statement for the Zoning District contained in § 27-34 and the statement of community development objectives contained in § 27-3 of this chapter.

Day-care centers and Pre-School Facilities.

(1)

In "R" districts, day-care centers and pre-school facilities shall be limited to those operated in an existing church.

(2)

The facility shall be licensed by the Commonwealth.

(3)

Safe access and areas for discharging and picking up children shall be provided.

(4)

Outdoor play areas shall be provided and shall be secured by a fence with a self-latching gate.

(5)

The general safety of the site proposed for a day-care center shall be evaluated as it relates to the needs of small children.

(6)

Any property line adjoining residential use shall be screened by a buffer area, as defined by this chapter, which is at least three feet in depth as measured from the property line.

Drive-in Facilities.

(1)

The site shall have frontage on and direct vehicular access to an arterial street or collector street, as defined by this chapter.

(2)

In addition to the required parking areas, a minimum of five standing spaces, in tandem, with a minimum total length of 100 feet, in direct line with each window or stall shall be provided for vehicles to wait in line. The standing spaces shall not interfere with the use of any required parking spaces and shall not inhibit the free flow of traffic on the site. The standing spaces shall be designed so that waiting vehicles shall not stand in any right-of-way or overflow onto adjacent properties, streets or berms.

(3)

Entrances, exits and standing spaces shall be adequately indicated with pavement markings or directional signs.

(4)

Parking areas and circulation patterns shall be adequately striped and marked to facilitate circulation on the site.

Drive-in Theaters.

(1)

The minimum site required shall be five acres.

(2)

The site shall have frontage on and direct vehicular access to an arterial street or collector street, as defined by this chapter.

(3)

The site shall not be located within 1,000 feet on an existing dwelling.

(4)

The volume and direction of outdoor speakers shall be regulated so as to minimize the negative impact on adjoining properties.

(5)

Adequate area shall be provided on the site for cars to stand in line at the admission booths without obstructing the flow of traffic on public streets.

Funeral Home.

(1)

The minimum site area shall be 30,000 square feet.

(2)

The site shall have frontage on and direct vehicular access to an arterial street or collector street, as defined by this chapter.

(3)

Adequate area shall be provided on the site for vehicles to form a line and stand on the property.

(4)

Entrances, exits and waiting lanes shall be adequately indicated by pavement markings and/or directional sign.

Golf Courses and Country Clubs.

(1)

Golf courses shall have a minimum site of 10 acres; driving ranges and putting courses shall have a minimum site of two acres.

(2)

Clubhouses shall be located at least 100 feet from any property line adjoining an "R" classified property and at least 50 feet from all other property lines.

(3)

Where eating and/or drinking facilities are provided, parking requirements for restaurants shall apply in addition to the parking requirements for golf courses.

(4)

Operations shall be discontinued between the hours of 2:00 a.m. and 6:00 a.m.

(5)

Swimming pools shall be subject to the provisions of § 27-41(2)(C) and § 27-53(2)(FF), below.

Greenhouse, Private and Non-commercial.

(1)

No on-site sales shall be permitted.

(2)

The greenhouse heating equipment shall not be located within 100 feet of any property line adjoining a residential dwelling.

(3)

There shall be no outside storage of materials or equipment. Stockpiling of manure, mulch, fertilizer or other dust or oder-producing materials shall not be permitted outside a completely enclosed structure.

(4)

The area devoted to the greenhouse shall not exceed 5% of the total rear yard.

Group Care Facilities, Personal Care Boarding Homes and Transitional Dwellings.

(1)

The site shall have direct access to an arterial street or collector street, as defined by this chapter.

(2)

No group care facility, personal care boarding home or transitional dwelling shall be located within 1,000 feet of any other existing or proposed group care facility, personal care boarding home or transitional dwelling.

(3)

In the "R" districts, a group care facility, personal care boarding home or transitional dwelling, where authorized, shall be subject to the bulk and dimensional requirements for single-family dwellings in the district in which it is to be located as specified by § 27-41(2) of this chapter.

(4)

In the "R" districts the maximum number of residents permitted to occupy a personal care boarding home shall be 12.

(5)

In the "R" districts, where authorized, the maximum number of persons permitted to occupy a transitional dwelling shall be 10, not including related children of residents, provided adequate sleeping arrangements are provided in accordance with Commonwealth occupancy standards.

(6)

Adequate provisions shall be made for access by emergency medical and fire vehicles.

(7)

Twenty-four hour supervision shall be provided by staff qualified by the sponsoring agency.

(8)

Adequate open space opportunities for outdoor recreation shall be provided on the lot for the residents consistent with their needs and the area shall be secured by a fence with a self-latching gate.

(9)

The applicant shall demonstrate that residents of the Borough and contiguous communities shall be assigned the highest priority when selecting residents for admission to a group care facility, personal care boarding home or transitional dwelling located in the Borough.

(10)

Where applicable, certification or licensing by the sponsoring agency shall be prerequisite to obtaining a certificate of occupancy and a copy of an annual report with evidence of continuing certification shall be submitted to the Zoning Officer in January of each year.

Heavier Manufacturing Processes.

(1)

All processes shall be conducted within a completely enclosed building.

(2)

There shall be no noise audible off the premises which exceeds the noise standards specified in § 27-65.

(3)

Any property adjoining residential use or zoning classification shall restrict operations outside the building and shall control all noise from inside the building by closing doors and windows between the hours of 7:00 p.m. and 7:00 a.m.

(4)

Any outside storage of material or equipment be located at least 50 feet from any property line adjoining residential use or zoning classification and shall be screened by an eight foot opaque fence or hedge.

Home Occupations.

(1)

There shall be no external evidence of the use other than a small nameplate attached to the wall of the residence and no larger than one square foot indicating only the name and occupation of the resident.

(2)

No person other than residents of the dwelling or members of the immediate family shall be employed.

(3)

No more than 25% of the floor area of the dwelling shall be devoted to the conduct of a home occupation.

(4)

A home occupation shall not be permitted to be conducted in any accessory structure.

(5)

The use shall not create any additional environmental impact than those impacts normally resulting from residential use.

(6)

The use shall not cause an increase in the use of water, sewerage, garbage, public safety or any other municipal services beyond that which is normal for the residences in the neighborhood.

(7)

The use shall not require internal or external alterations or construction features which are not customary to a dwelling or which change the fire rating of the structure.

(8)

There shall be no use of materials or equipment except that of similar power and type normally used in a residential dwelling for domestic or household purposes.

(9)

There shall be no storage of materials or equipment outside an enclosed building.

(10)

The conduct of any home occupation including, but not limited to, the storage of goods or equipment, shall not reduce or render unusable the garage required for parking for the dwelling unit.

(11)

The use shall not create greater vehicular pedestrian traffic than that which is normal for the residences in the neighborhood.

(12)

Any need for parking generated by the conduct of a home occupation shall be met off the street and on the lot other than in a required front yard.

(13)

The home occupation shall not involve the use of commercial vehicles for delivery of materials to or from the premises and no more than one commercial vehicle which shall not exceed 9,000 pounds GVW shall be parked on the premises.

(14)

There shall be no regular display of merchandise available for sale on the premises; however, merchandise may be stored on the premises for off-site delivery only.

(15)

The home occupation shall not involve the use of advertising signs on or off the premises or any other local advertising media which shall call attention to the fact that the home is being used for business purposes other than a telephone listing or small classified ad briefly describing the service and providing only a telephone number.

(16)

Day care homes shall be permitted as home occupations, provided they meet all of the foregoing standards for home occupations, as well as the following standards:

(a)

Adequate areas for outdoor recreation shall be provided and shall be secured by a fence with self-latching gate.

(b)

A safe area shall be provided for dropping off and picking up children which does not obstruct the free flow of traffic on any public street.

(c)

Off-street parking shall be provided in accordance with the requirements of § 27-62.

(17)

The following uses shall not be considered to be home occupations and shall be limited to the districts in which they are specifically authorized as permitted uses, conditional uses or uses by special exception:

(a)

Animal hospital, veterinary office or clinic;

(b)

Auto body repair shops;

(c)

Beauty shops and barber shops;

(d)

Clinic, hospitals, nursing homes;

Kennels;

Mortuaries;

Private clubs;

Private instruction to more than five students at a time;

(i)

Restaurants or tea rooms;

(j)

Boarding stables or riding academies;

(k)

Vehicle or equipment rental or sales; or

(l)

Retail sales.

Hospitals.

(1)

The minimum site required shall be one acre.

(2)

The site shall have frontage on and direct vehicular access to an arterial street or collector street, as defined by this chapter.

(3)

Hospitals shall be licensed by the Commonwealth.

(4)

The site shall be designed to provide maximum accessibility for emergency and public safety services.

(5)

Adequate areas shall be provided on the site for dropping off and picking up patients.

(6)

Helipads, if proposed as accessory to a hospital, shall meet the following standards:

(a)

Helipads shall be located at least 100 feet from any property line or public street.

(b)

Helipads shall be limited to use by emergency services and health systems.

(c)

Evidence of compliance with all applicable regulations of Federal Aviation Administration and Pennsylvania Department of Transportation Bureau of Aviation shall be submitted.

(d)

The helicopter landing pad shall be clearly marked with the insignia commonly recognized to indicate a private use helipad.

(e)

The helicopter landing pad shall be paved, level and maintained dirt free. Rooftop pads shall be free of all loose stones and aggregate.

(f)

An application for a helipad on a roof shall be accompanied by a certification by a registered engineer that the loads imposed by the helicopter will be supported by the structure.

Indoor Amusement, Including Theaters.

(1)

All activities shall be conducted in a completely enclosed building.

(2)

Doors and windows shall remain closed at all times.

(3)

Any use which includes a restaurant or retail sales in a pro shop shall provide parking for those uses in accordance with requirements of § 27-62 in addition to the parking required for indoor amusements.

Kennel.

(1)

Kennels shall be accessory to a farm, as defined by this chapter, or when proposed as a principal use, shall have a minimum site area of five acres.

(2)

Outdoor kennels shall be located at least 200 feet from any property line adjoining residential use or zoning classification and at least 50 feet from any other property line.

(3)

Outdoor runs and similar facilities shall be constructed for easy cleaning and shall be adequately secured by a minimum six-foot high fence with self-latching gate. Such facilities shall be screened by a six-foot compact hedge along all property lines adjoining residential use or zoning classification.

Medical and Dental Clinic.

(1)

Conversion of an existing dwelling to a medical or dental clinic shall be permitted only if adequate area exists on the lot to meet parking requirements and to allow vehicles to turn around on the site without backing onto public streets.

(2)

The minimum lot area required for new construction of a medical or dental clinic shall be 20,000 square feet.

(3)

Parking shall not be permitted in any side yard.

(4)

All parking spaces adjoining side and rear property lines shall be screened by a buffer area, as defined by this chapter, which is at least five feet in depth as measured from the property line.

Mineral Removal.

(1)

There shall be no removal of minerals or vegetative cover within 200 feet of the bank of any stream or natural watercourse identified on maps prepared by the United States Geologic Survey (USGS).

(2)

Mineral removal shall be prohibited in watersheds of rivers or streams now or hereafter designated by the Pennsylvania Fish Commission as a wilderness trout stream, by the Pennsylvania Department of Environmental Resources as part of the Scenic Rivers System or designated under the Federal Wild and Scenic Rivers Act.

(3)

No mineral removal shall be conducted within 300 feet of any public building, school, church, community or institutional building, commercial building, public park or private recreational area.

(4)

No mineral removal shall be conducted within 100 feet of the outside right-of-way line of any public road, except where access roads or haulage roads join the right-of-way line and where the appropriate State or Federal agency having jurisdiction over the conduct of mineral removal operations shall permit it in accordance with law.

(5)

No mineral removal shall be conducted which will adversely affect any publicly owned park or places included in the National Register of Historic Sites, unless approved by the governmental agency with jurisdiction over the park or historic site.

(6)

No mineral removal shall be conducted within 100 feet of a cemetery.

(7)

No mineral removal shall be conducted within 500 feet of any occupied dwelling, unless the consent of the owner of the dwelling has been obtained in advance of the filing of the application for zoning approval.

(8)

The applicant shall present expert testimony to demonstrate that the proposed mineral removal operation will not adversely affect any of the following:

(a)

Lawful existing or permitted uses of adjacent properties.

(b)

The quality or adequacy of any public or private water supply source.

(c)

Any flood-prone or landslide prone areas within the Borough.

(9)

The applicant shall present expert testimony to demonstrate that the use of explosives, if proposed, shall not cause injury to any adjacent underground water resources.

(10)

If blasting is to be undertaken, a seismograph shall be placed on the site of the operation during all times when blasting is performed which shall be monitored by an independent engineering consultant whose credentials are acceptable to the Borough and whose fee is paid by the applicant.

(11)

The applicant shall provide reclamation plans for the site which demonstrate that the condition of the land after the operation is completed will allow economically and ecologically productive uses of the type permitted in the district in which the site is located. Acceptance of the reclamation plan shall not constitute approval of any aspect of any future development plan.

(12)

The applicant shall show the proposed routes of all trucks to be utilized for hauling and the estimated weights of those trucks. The applicant shall comply with designated weight limits on Borough streets and shall design the hauling routes for the mineral removal operation to minimize the impact on local streets within the Borough.

(13)

Portions of the site where mineral removal operations are conducted may be required to be fenced or screened, as necessary, to provide security and protect adjacent properties.

(14)

The applicant shall comply with all applicable State and Federal regulations and shall show evidence of obtaining the required State or Federal permits before initiating any work and of maintaining the required permits throughout the duration of all operations. Any suspension or revocation of the required State of Federal permits shall constitute a violation of zoning approval and will result in the suspension or revocation of zoning approval and/or enforcement of the penalty provisions of this chapter.

(15)

Zoning approval shall expire if work authorized in the application for approval of a use by special exception is not commenced within 90 days of the date of approval of the application by Borough Council, unless the applicant submits a written request for an extension to Borough Council prior to the expiration of the 90 days explaining the reasons for the delay in initiating the work and Borough Council approve the request.

(16)

Once work is initiated under an approved application for approval of a use by special exception, zoning approval shall be valid for a period of one year from the date of approval of the use by special exception by Borough Council. An application for renewal of zoning approval shall be submitted prior to the date of expiration of zoning approval and can be granted by the Zoning Officer upon demonstration by the applicant that all conditions of the use by special exception approval and the required Federal and State permits remain in full force and effect and that the applicant is diligently pursuing the completion of the mineral removal operation. Upon expiration or revocation of zoning approval for use by special exception, the applicant may reapply for approval of the use by special exception.

Mobile Home Park.

(1)

The minimum site required for a mobile home park shall be 10 contiguous acres.

(2)

The site of a mobile home park shall be serviced by public water or State approved private water system and public sewers or State approved private sewage disposal system.

(3)

Around the perimeter of the mobile park site there shall be minimum front and rear yards of 50 feet each and minimum side yards of 30 feet each. No portion of an individual mobile home lot may extend into the required perimeter yards. Landscaping, parking and recreational facilities may project into the required perimeter yards if they are at least 20 feet from the exterior property line bounding the site.

(4)

Individual mobile home lots shall meet the minimum requirements of the Butler County Subdivision and Land Development Ordinance.

(5)

Support and Anchoring. Individual mobile homes shall be placed upon suitable supports to insure that the unit will remain level and free from structural damage. Each mobile home shall be provided with an anchoring system to prevent and resist overturning or lateral movement caused by wind forces. Such anchoring shall be equivalent to or exceed NFPA Standard No. 501A-1974 (ANSI A129.3-1975).

(6)

Skirting. Each mobile home shall be skirted with an enclosure of compatible design and material. Such skirting shall provide adequate ventilation to inhibit the formation of moisture and decay.

(7)

Common Facilities. No less than 10% of the mobile home park site shall be devoted to common facilities for passive and active recreation limited to use by the residents of the mobile home park. Such common facilities may include, but shall not be limited to, community clubs, swimming pools, tennis courts, parks, playgrounds, shelters, hiking trails, hobby areas, laundries and service buildings for resident use.

(8)

Screening. All property lines adjoining residential use or zoning district classification shall be screened by a buffer area as defined by this chapter which is at least 15 feet in depth measured from the property line.

(9)

Interior streets shall be lighted.

(10)

Interior streets shall be constructed in accordance with the design standards of the Butler County Subdivision and Land Development Regulations.

Municipal Buildings, Libraries, Police and Fire Stations.

(1)

The minimum site required shall be 20,000 square feet.

(2)

Fire stations which include social halls and are located in any "R" district shall cease activities in the social hall at 12:00 midnight.

(3)

Ingress and egress for police and fire stations shall be located so as to maximize sight distance along adjacent public streets.

(4)

Fire stations and municipal maintenance facilities shall be located on the site so that vehicles and equipment can be maneuvered on the site without interrupting traffic flow or blocking public streets.

(5)

There shall be no outside storage of materials or equipment.

(6)

All operations shall be conducted within a completely enclosed building, as defined by this chapter.

AA.

Nursery and Landscaping Business.

(1)

Any greenhouse heating equipment shall not be located within 100 feet of any property line adjoining a residential dwelling.

(2)

Outdoor display areas shall be included in the calculation of parking required for retail sales.

(3)

Outdoor growing areas shall be designed to control erosion and manage runoff of stormwater.

(4)

Outdoor storage of materials and equipment shall be screened from view from a public street or adjoining residential property by a six-foot high opaque fence or hedge.

(5)

Storage of manure, fertilizer, compost or other odor or dust producing substances shall not be permitted within 100 feet of any property line adjoining residential use or zoning classification.

BB.

Nursing Homes.

(1)

The facility shall be licensed by the Commonwealth.

(2)

The minimum site required shall be 20,000 square feet.

(3)

The site shall have frontage on and direct vehicular access to an arterial street or collector street, as defined by this chapter.

(4)

The minimum number of beds in any building shall be 20 and the maximum number of beds shall be 200.

(5)

Adequate open space shall be provided for outdoor activity, consistent with the needs of the residents.

CC.

Private Club.

(1)

Any club which includes a restaurant shall meet the parking requirements of § 27-62 in addition to the parking requirements for private clubs.

(2)

Any club which includes a swimming pool shall comply with the standards and criteria of § 27-53(2)(FF) below.

(3)

Any club which contains a golf course shall comply with the standards and criteria of § 27-53(2)(o), above.

(4)

A buffer area, as defined by this chapter, at least five feet in depth measured from the property line shall be provided along all property lines adjoining residential use or zoning classification.

DD.

Public Utility Installations.

(1)

Transmission facilities and towers which exceed the height limitations of the district shall be certified by a registered engineer as being structurally sound and able to withstand wind loads.

(2)

Distribution equipment which is not within a completely enclosed building, as defined by this chapter, shall be secured by a fence at least six feet in height with self-latching gate.

(3)

Administrative buildings shall comply with the bulk and dimensional requirements specified in § 27-41(1) for principal buildings in the District in which they are proposed.

(4)

Parking for administrative buildings shall be provided in accordance with the requirements of § 27-62 of this chapter for offices.

(5)

Water and sewage treatment plants and water towers shall comply with the applicable laws of the Commonwealth regarding construction and operation of the facility.

(6)

Above ground storage facilities may exceed the height limitations of the district, provided they are at least 200 feet from any dwelling.

(7)

Above ground towers shall provide an in-ground reservoir with a storage capacity equal to the capacity of the above ground tower.

(8)

All facilities associated with water and sewage treatment plants and water towers shall comply with the bulk and dimensional requirements for principal structures specified in § 27-41(1) of this chapter for the district in which they are located.

(9)

There shall be no outside storage of materials or equipment.

EE.

Retirement Community.

(1)

The minimum site required shall be 20 acres.

(2)

The site shall have frontage on and direct access to an arterial street or collector street, as defined by this chapter.

(3)

The site shall be served by public water and public sewers.

(4)

Dwelling units in the community shall be subject to the bulk and dimensional requirements for single-family dwellings and multifamily dwellings in the R-2 district specified in § 27-41(1) of this chapter.

(5)

If a nursing home is proposed as part of the retirement community, it shall be subject to the provisions of Subparagraph (BB), above.

(6)

The following accessory uses may be incorporated into a residential building, provided they are designed and intended primarily to serve the residents of the retirement community: congregate dining facilities, bank, laundry or dry-cleaning pick up, card or gift shop, convenience food store and medical or dental offices.

(7)

The parking ratio for dwelling units in a retirement community may be reduced to one parking space per dwelling unit upon provision of visitor parking spaces at the ratio of one parking space for every five dwelling units.

FF.

Swimming Pools, Public, Private or Commercial.

(1)

All public, private and commercial swimming pools, other than swimming pools accessory to single-family dwellings, shall have permanent vehicular access to a public street.

(2)

The construction of all such swimming pools shall comply with all applicable State requirements.

(3)

All such swimming pools which are accessory structures shall comply with the provisions of § 27-41(2)(C) of this chapter.

(4)

All such swimming pools which are principal structures shall comply with the bulk and dimensional requirements of § 27-41(1) of this chapter for principal structures in the district in which it is proposed.

(5)

The pool and bathing area shall be completely enclosed by a mall or fence at least eight feet in height to prevent uncontrolled access. The fence or wall shall be located at least 10 feet from any property line and the area immediately outside the enclosure shall be suitably landscaped with grass, hardy shrubs and trees and shall be maintained in good condition.

GG.

Temporary Structures, Other than Construction Trailers.

(1)

Approval for temporary structures shall be granted for a specific time period not to exceed six months. If continued need for the temporary structure is demonstrated by the applicant, approval may be granted for annual renewal of the period for the temporary structure by the Zoning Officer, provided all conditions of the original approval are maintained.

(2)

All temporary structures shall be removed within 10 days of expiration of the specific period for which the structure is approved.

(3)

All temporary structures which are proposed to be accessible to the public shall provide parking in accordance with the requirements of § 27-62 of this chapter for the proposed use.

(4)

Vehicular access for all temporary structures which are proposed to be accessible to the public shall be designed to minimize congestion on the site and to not impede the free flow of traffic for any other permanent structure on the site.

(5)

All temporary structures proposed to be used as principal structures shall comply with the bulk and dimensional requirements of § 27-41(1) for the zoning district in which they are proposed. All temporary structures which are proposed to be used as accessory structures shall comply with the requirements of § 27-41(1) for accessory structures.

(6)

Temporary structures which are erected for a particular event shall be removed within 48 hours of the event.

(7)

Temporary structures which are proposed as principal structures and which are accessible to the public shall provide sanitary facilities, unless such facilities already exist on the site.

HH.

Warehousing and Wholesaling in Conjunction with Retail Business.

(1)

All materials and equipment shall be stored within a completely enclosed building, as defined by this chapter or shall be limited to storage in the rear yard, if screened from view from the street or adjacent "R" classified properties by a six foot hedge or opaque fence.

(2)

No shipping or receiving shall be permitted within 300 feet of property in any "R" district between the hours of 6:00 p.m. and 8:00 a.m.

(3)

Wholesale sales shall not exceed 25% of the gross sales of the retail business.

(4)

The gross floor area devoted to wholesaling or warehousing shall not exceed the gross floor area devoted to the retail business.

II.

Adult Businesses.

(1)

Adult businesses, as defined herein, shall be permitted only in the M, Manufacturing, District.

(2)

Adult businesses shall not be located within 500 feet of any property line of a property which is zoned residential, including properties across a public street.

(3)

Adult businesses shall not be located within 500 feet of any property line of a property which contains an existing school, day-care center, hospital, group care facility, personal care boarding home, group home, public park or playground, church or establishment which is licensed to serve and/or sell alcoholic beverages.

(4)

No adult business shall be located within 500 feet of any other existing or proposed adult business.

(5)

Persons or owners who intend to operate an adult business shall obtain a license to operate from the Borough and shall pay a $500 investigation fee to the Borough. In addition, such persons or owners shall supply to the Borough detailed information regarding the ownership and financing of the proposed business as required on the licensing application. Applications for licensing shall be filed with the Borough Zoning Officer.

(6)

An adult business shall be initially licensed when it has met all the requirements of this section. The license shall be valid through December 31st of the year in which the license is initially issued. For each year thereafter that the business intends to continue, the owner or operator shall seek a renewal of the license. The application for renewal shall be submitted to the Borough Secretary by November 1st of the year preceding the year for which the license renewal is sought. The lack of a license or failure to renew such license in a timely fashion shall be grounds for the Borough Zoning Officer to deny or revoke an occupancy permit for an adult business.

(7)

Nothing in this chapter shall be construed to authorize any offense defined in Title 18, Pa.C.S., § 5003, as amended.

JJ.

Single-family Primary Residence - Retail Business Mix.

(1)

Retail business hours would be limited to 10:00 a.m. to 8:00 p.m. daily; Sunday from 12:00 noon to 8:00 p.m.

(2)

At the Official Zoning Map of the Borough of Saxonburg shall be amended to change the zoning district of the area on the north side of Rebecca Street from its intersection with Main Street to its intersection with West Water Street from R-2 District to C-2 Convenience Commercial District.

(3)

Total retail space would be limited to 5% of the lot area, excluding area occupied by buildings and other structures.

(4)

Retail structure may be detached or attached to the existing residence.

(5)

No additional structures shall be permitted in addition to the retail structure and primary residence structure plus permitted accessory buildings.

(6)

Signage will be limited to one freestanding sign not to exceed six square feet per lot. No retail use requiring more than three off-street parking spaces will be approved. Off-street parking spaces shall be improved to a dust-free condition.

(7)

Deliveries to the lot shall conform to the Borough's delivery restriction regulations.