[Ord. 843, 6/19/2007, § 401]
1.
This Part 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.
[Ord. 843, 6/19/2007, § 402]
1.
Each of the following uses shall meet all of the following requirements
for that use:
A.
Adult Use. (This is limited to the following: adult bookstore, adult
movie theater, massage parlor, or adult live entertainment facility).
(1)
Purposes. The regulations on adult uses are intended to serve
the following purposes, in addition to the overall objectives of this
chapter.
(a)
To recognize the adverse secondary impacts of adult uses that
affect health, safety and general welfare concerns of the Borough.
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.
(b)
To limit adult uses to locations where these secondary impacts
can be minimized, particularly as they affect residential neighborhoods
and commercial revitalization.
(c)
To not attempt to suppress any activities protected by the "free
speech" protections of the State and U.S. Constitutions, but instead
to control secondary effects.
(2)
An adult use and its parking area shall not be located within
any of the following distances, whichever is most restrictive:
(a)
Two hundred lineal feet from the lot line of an existing dwelling.
(b)
Two hundred lineal feet from the lot line of any lot in a residential
zoning district.
(c)
One thousand lineal feet from the lot line of any primary or
secondary school, place of worship, library, public park, day care
center or child nursery.
(3)
No adult use shall be located within 1,000 lineal feet from
any existing "adult use."
(4)
A fifty-foot buffer yard shall be provided, regardless of zoning
district, along the side and rear lot lines. If such buffer area does
not include substantial mature trees that will be preserved, it shall
include continuous screening by evergreen trees with an initial height
of five feet.
(5)
No pornographic material, displays or words 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.
(6)
No adult use shall be used for any purpose that violates any
federal, state or municipal law.
(7)
Pornographic and sexually explicit signs and displays shall
be prohibited that are visible from outside of the premises.
(8)
The adult use shall not include the sale or display of "obscene"
materials, as defined by Pennsylvania criminal law, as may be amended
by applicable court decisions.
(9)
An adult use shall be prohibited in all districts except where specifically allowed under § 27-306. An adult use is a distinct use, and shall not be allowed under any other use, such as a retail store or club.
(10)
A minimum lot area of 30,000 square feet is required.
(11)
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.
(12)
No use may include live actual or simulated sex acts nor any
physical or sexual contact between employees and entertainers nor
or between employees or entertainers and customers. At an adult live
entertainment use, employees, dancers or entertainers shall maintain
a minimum distance of two feet from customers. This shall include,
but not be limited to, a prohibition on "lap dancing."
(13)
Only "lawful" massages as defined by state court decisions shall
be performed in a massage parlor.
(14)
All persons within any adult use shall wear nontransparent garments
that cover their genitals and the female areola, except within a permitted
lawful "adult live entertainment facility."
(15)
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. A telephone number shall be provided where the on-site
manager can be reached during Borough business hours. Such information
shall be updated at the beginning of each year in writing to the Zoning
Officer.
(16)
The use shall not operate between the hours of 12 midnight and
7:00 a.m.
(17)
As specific conditions of approval under this chapter, the applicant shall prove compliance, where applicable, with the following state laws, as amended: the Pennsylvania Liquor Code, Act 219 of 1990, 47 P.S. § 1-101, (which pertains to sale or consumption of alcohol between 2:00 a.m. and 8:00 a.m.), Act 207 of 1990, 18 Pa.C.S.A. § 5903 (which pertains to obscenity) and Act 120 of 1996, 68 Pa.C.S.A. § 5503 (which pertains to adult-oriented establishments and which limits enclosed viewing booths among other matters).
(18)
An adult use shall not be on the same lot as a use that sells
alcoholic beverages.
C.
After Hours Club. This use is effectively prohibited by State Act
219 of 1990, as amended, 18 Pa.C.S.A. § 7327. In the event
that the use would be determined to be allowed, a two-hundred-foot
setback shall apply from the building and any parking areas from any
residential zoning district. The applicant shall prove that adequate
on-site security will be in place.
E.
Apartments. See "townhouses and apartments" and "conversions" in
this section.
F.
Assisted Living Facility/Personal Care Center. The standards for
"nursing homes" in this section shall apply.
G.
Auto, Boat or Mobile/Manufactured Home Sales.
(1)
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 § 27-803.
(3)
Any mobile/manufactured homes on a sales site shall meet the
required principal building setbacks from the perimeter lot lines.
H.
Auto Repair Garage.
(1)
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."
(3)
Outdoor storage of motor vehicles shall not be within any required
buffer yard or street right-of-way.
(4)
Overnight outdoor storage of "junk," other than permitted junk
vehicles, shall be prohibited within view of a public street or a
dwelling.
(5)
Any "junk vehicle" (as defined by Part 2) shall not be stored for more than 20 days within view of a public street or a dwelling, unless it is actively under repair. A maximum of six junk vehicles may be parked on a lot outside of an enclosed building at any one time, unless it is actively under repair. Any junk vehicle stored outside overnight shall be screened from view of adjacent dwellings.
(6)
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.
I.
Auto Service Station.
(1)
See definition of this term and "auto repair garage" in Part 2. The uses may be combined, if the requirements for each are met.
(2)
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.
(3)
Fuel pumps shall be at least 25 feet from the existing street
right-of-way and shall meet side yard principal building setback requirements.
(4)
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.
(5)
Any "junk vehicle" (as defined by Part 2) shall not be stored more than 20 days within view of a public street or a dwelling. No junk vehicles shall be stored within 20 feet of an existing street right-of-way. No more than six junk vehicles shall be stored on the lot outside of an enclosed building at any point in time.
(6)
The use may include a "convenience store," if the requirements
for such use are also met.
(7)
A canopy shall be permitted over the gasoline pumps with a minimum
front yard setback of 20 feet from each street right-of-way line.
(a)
Such canopy may be attached to the principal building. The canopy
shall not include any signs, except for the following: 1) a sign may
be attached to each of two sides of the canopy in place of an allowed
freestanding sign, 2) an allowed wall sign may be placed on a portion
of the canopy that is behind the minimum front yard setback line,
and 3) necessary warning signs.
(b)
Within the minimum front yard building setback, the distance
between the ground level and the bottom of the canopy shall not be
greater than 20 feet. Parts of a sloped canopy may have a taller height
if the purpose of the taller height is to deflect soot and glare away
from the street or neighboring properties.
(8)
Fuel tanks and dispensers and ventilation equipment shall be
setback a minimum of 100 feet from the lot line of any residential
or institutional use (such as a school or nursing home). Fuel dispensers
shall be setback a minimum of 30 feet from the existing street right-of-way
line.
J.
Bed and Breakfast Inn.
(1)
Purposes. To provide alternative accommodations and to encourage
and promote the retention and continued maintenance of historically
significant properties within the Borough, particularly buildings
that are larger than average.
(2)
Compliance. All bed-and-breakfasts shall comply with the applicable provisions of the Fire Prevention and Construction Codes [Chapter 5, Part 1]. All bed-and-breakfasts are, for the purpose of such code and this chapter, classified as transient occupancy for the purpose of construction, conversion and alteration under said code, rules and regulations.
(3)
Application.
(a)
No bed-and-breakfast shall be established or operate within
the Borough of Huntingdon without first obtaining a permit to operate
issued by the Borough in accordance with the terms and conditions
of this section.
(b)
The applicant will submit four copies of the following: an application,
site plan and other supporting documentation to the Borough, along
with a nonrefundable application fee. Such fee to be set by resolution
of the Borough Council. The power to approve, approve with conditions
or deny the application and site plan as required by this section
is vested with the Borough as established by resolution. The application
and site plan shall contain the following:
1)
Name, address and telephone number of the owner(s) and the applicant
if the owner is not the applicant.
2)
Address of the proposed bed-and-breakfast, together with tax
parcel identification number.
3)
Zoning district classification of the site.
4)
A sketch, drawn to scale, showing the floor plan of the dwelling,
together with any proposed changes, renovations and additions to same
and designating the rooms to be rented.
5)
A site plan, drawn to the Borough's specifications. The
site plan shall be drawn to scale.
(c)
The Borough may require such additional or supportive information
as deemed necessary for a complete assessment of the proposed bed-and-breakfast
to ensure its compatibility with existing and permitted building and
land uses adjacent to the site and in close proximity thereto.
(d)
Upon approval of the application, a special permit may be issued
only after determination that the proposed use is in compliance with
conditions and limitations set forth in this section. The permit shall
be renewed annually if the establishment is in compliance with the
terms of this section. This review shall take place within 30 days
of its renewal date.
(4)
Conditions.
(a)
The owner of the bed-and-breakfast must reside in the dwelling
or provide detailed information on the management of the establishment.
The owner will provide a sworn statement certifying to such residency
or management arrangements upon request of the Borough.
(b)
The parcel improved by the bed-and-breakfast shall provide or
establish one off-street parking space per room or sleeping unit let.
(c)
Each bed-and-breakfast shall be established, maintained and
operated so as to preserve and compliment the residential character
and integrity of the surrounding area when the facility is established
in a residential district, as provided for in this chapter.
(d)
No room may be permanently occupied by the same paying guest(s).
(e)
Each bedroom occupied by a paying guest shall be equipped with
a properly installed and functioning smoke detector. Further, a smoke
detector shall be properly installed and functioning on or near the
ceiling in the room or hallway from which each bedroom rented to paying
guests exists.
(f)
A single exterior sign or display may be established on the
site of the bed-and-breakfast. Said sign or display shall not exceed
eight square feet in area. No freestanding sign shall be located in
an area where it can impede pedestrian traffic. If the sign or display
is mounted perpendicular to the building, the bottom of the sign must
be a minimum of eight feet above the sidewalk.
(g)
The Borough shall have the right to impose and include such
other and additional conditions as it may deem necessary to effectuate
the purpose of this section.
(h)
The owner shall not make any change, deviation, modification
or variation from the application and site plan once the same is approved
by the Borough.
(5)
Penalties. In addition to other penalties under this chapter,
a violation of regulations set forth herein may result in the loss
of permit to operate.
K.
Boarding House (Includes Rooming House).
(1)
Minimum lot area: 15,000 square feet.
(2)
Minimum side yard building setback: 15 feet each side.
(3)
Minimum lot width: 100 feet.
(4)
Maximum density: six bedrooms per acre; but in no case shall
the lot serve a total of more than 20 persons.
(5)
Each bedroom shall be limited to two adults each.
(6)
A buffer yard with screening meeting § 27-803 shall be provided between any boarding house building and any abutting dwelling.
(7)
Note: There are separate standards for an "assisted living facility,"
which is not considered a boarding house.
(8)
Signs shall be limited to two wall signs with a maximum of two
square feet each.
(9)
Rooms shall be rented for a minimum period of five consecutive
days.
L.
Campground, Camp or Recreational Vehicle Campground.
(1)
Within a residential district, for each acre of total lot area,
there shall be a maximum average of: (a) five recreational vehicle
sites (where allowed), (b) 10 tent sites or (c) cabin sleeping capacity
for 20 persons. Such sites may be clustered in portions of the tract.
Such maximum density shall not apply within a commercial district.
(2)
Retail sales shall be allowed as an accessory use. Within a
residential district, any store shall be limited to sales of recreational,
household, food, gift and camping items. Within a residential district,
any store shall be primarily intended to serve persons camping on
the site.
(3)
All campsites, recreational vehicle sites, and principal commercial
buildings shall be setback a minimum of 50 feet from any contiguous
lot line of an existing dwelling that is not part of the campground
or camp. Within this buffer, the applicant shall prove to the maximum
extent feasible that any existing healthy trees will be maintained
and preserved. Where healthy mature trees do not exist within this
buffer, and if practical considering soil and topographic conditions,
new trees shall be planted within this buffer.
(a)
The screening of evergreens provided in § 27-803 between business and residential uses is not required if the tree buffer would essentially serve the same purpose, or if removal of mature trees would be needed to plant the shrubs.
(b)
Removal of trees within this buffer shall be allowed for necessary
approximately perpendicular street, stormwater channel, driveway and
utility crossings and to provide safe sight distance.
(4)
Buildings used for sleeping quarters shall not be within the one-hundred-year floodplain. See maximum steep slope disturbance provisions in the Subdivision and Land Development Ordinance [Chapter 22].
(5)
Maximum impervious coverage within a residential district, 30%,
which shall include the typical lot area covered by recreational vehicles
at full capacity.
(6)
No person other than a bona fide resident manager/caretaker
shall reside on the site for more than six months in any calendar
year. No recreational vehicle shall be occupied on the site for more
than six months in any calendar year by any one individual or one-family,
other than a resident manager/caretaker.
(7)
Minimum lot area: 10 acres.
M.
Car Wash.
(1)
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.
(2)
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 or polluted runoff
that may be hazardous to aquatic life shall be stored within an area
that will completely contain any leaks, spills or polluted runoff.
(3)
Water from the car wash operation shall not flow onto sidewalks
or streets in such a manner as could cause ice hazards.
(4)
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.
(5)
No portion of a car wash shall be located within 100 feet from
the center line of a perennial waterway.
(6)
Minimum lot area: five acres, which shall be reduced to one
acre if the applicant proves that most of the water used in the operation
will be recycled on-site.
N.
Cemetery.
(1)
Minimum lot area: two acres, which may be on the same lot as
an allowed place of worship.
(2)
A crematorium, where allowed by Part 3, shall be setback a minimum of 250 feet from all lot lines of existing dwellings and all undeveloped residentially zoned lots.
(3)
All structures and graves shall be setback a minimum of: 30
feet from the future right-of-way of any public street, 10 feet from
the cartway of an internal driveway, and 20 feet from any other lot
line. Any buildings with a height greater than 20 feet shall be setback
a minimum of 50 feet from all lot lines.
(4)
No grave sites and no structures shall be located within the
one-hundred-year floodplain.
(5)
The applicant shall prove to the satisfaction of the Zoning
Officer, based upon review by the Borough Solicitor, that the use
will include an appropriate financial system to guarantee perpetual
maintenance.
O.
Commercial Communications Antennae/Tower as Principal or Accessory
Use.
(1)
An accessory commercial communications antenna shall be permitted
by right in any district if it meets the following requirements:
(a)
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:
(b)
In a commercial or industrial district, the antennae shall extend
a maximum of 40 feet beyond an existing building or structure (other
than a dwelling), provided the antenna is setback a distance equal
to its total height above the ground from any lot line of a dwelling
on another lot.
(2)
Any commercial communications antenna/tower that does not meet Subsection 1O(1) above (such as a new freestanding tower) shall only be allowed where specifically authorized in § 27-306, and in compliance with the following additional regulations:
(a)
Such antenna/tower shall be set back from all lot lines and
street rights-of-way a distance that is greater than the total height
of the antenna/tower above the surrounding ground level. The Board
may permit an easement arrangement to be used without meeting the
setback requirement from the edge of the leased area, provided that
there are legal safeguards to ensure that the setback will continue
to be met over time from a lot line.
(b)
A new tower, other than a tower on a lot of an emergency services
station, shall be setback the following minimum distance from any
existing dwelling: 300 feet plus the total height of the tower above
the surrounding ground level.
(c)
A tower attached to the ground shall be surrounded by a security
fence/gate with a minimum height of eight feet and evergreen plantings
or preserved vegetation with an initial minimum height of four feet.
(e)
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. This policy shall be designed to minimize the total
number of towers necessary in the Borough.
(f)
An applicant for a new commercial communications tower shall
provide evidence to the 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.
(g)
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 it may be allowed, unless the applicant proves to the
Zoning Hearing Board that a taller height is absolutely necessary
and unavoidable.
(h)
The application shall describe any proposed lighting. The 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. Strobe lighting
shall not be used, but flashing lights may be used.
(i)
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 or designs worked into a flag
pole are preferred over lattice designs. Self-supporting towers are
preferred over towers with guy wires that would require removal of
larger numbers of trees.
(3)
Purposes. These provisions for commercial communications antenna/towers
are primarily designed to serve the following purposes, in addition
to the overall objectives of this chapter:
(a)
To protect property values.
(b)
To minimize the visual impact of antenna/towers, particularly
considering the importance of the scenic beauty of the area in attracting
visitors for outdoor recreation.
(c)
To minimize the number and heights of towers in a manner that
still provides for adequate telecommunications services and competition.
(4)
A tower/antenna that is intended to primarily serve 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. Such tower/antenna may also serve commercial purposes.
(5)
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.
(6)
All accessory utility buildings or cabinets shall have a maximum
total floor area of 400 square feet (which may divided among adjacent
buildings serving separate companies), have a maximum height of 10
feet and meet principal building setbacks.
(7)
No new or existing antenna shall cause interference with public
safety telecommunications. The Borough may require the applicant for
a new commercial communications tower to submit a study by a radio
frequency engineer or other qualified professional to analyze the
threat of interference. The study shall also show that the tower and
antenna will not create interference with other communications systems,
such as amateur ham radio operators.
P.
Conversion of an Existing Building (Including an Existing Dwelling)
into Dwelling Units.
(1)
See Part 3, which regulates where conversions are permitted. Applicable state fire safety requirements shall be met.
(2)
The following regulations shall apply to the conversion of an
existing one-family dwelling into a greater number of dwelling units:
(a)
The building shall maintain the appearance 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.
(b)
The conversion shall not be permitted if it would require the
development of an exterior stairway on the front of the building,
or would require the placement of more than two off-street parking
spaces in the required front yard.
(3)
A previously residential building shall maintain a clearly residential
appearance, except as may be necessary for restoration of a historic
building.
(4)
In the R-U District, no more than two dwelling units shall exist
on the lot after the conversion. In other district, 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, unless
the building included more than 3,000 square feet of building floor
area at the time of adoption of this chapter.
(6)
In the R-U District, a minimum of 4,500 square feet of lot area
shall exist per dwelling unit on the lot after the conversion.
Q.
Day Care Center, Child.
(2)
The use shall comply with any applicable state and federal regulations,
including having an appropriate Pennsylvania Department of Public
Welfare (or its successor agency) registration certificate or license.
(3)
Convenient parking spaces within the requirements of Part 6 shall be provided for persons delivering and waiting for children.
(4)
In residential districts, where permitted as a principal use,
a day care use shall have a minimum lot area of 8,000 square feet
and a minimum setback for the principal building of eight feet from
an abutting lot line of a dwelling in a residential district.
(5)
The use shall include secure fencing around outdoor play areas.
(6)
This use shall not be conducted in a dwelling that is physically
attached to another dwelling that does not have a common owner.
(7)
In residential districts, any permitted day care use shall maintain
an exterior appearance that resembles and is compatible with any existing
dwellings in the neighborhood.
(8)
A day care use may occur in a building that also includes permitted
or nonconforming dwelling units.
(9)
See also the standards for a "place of worship" in this section,
which allows a day care center as an adjunct use.
R.
Emergency Services Station.
(1)
The following uses shall be allowed as accessory uses to the principal use of a fire company station: a banquet hall, bingo games, fairgrounds for periodic special events, and auction house. Any building area uses for a banquet hall shall be setback a minimum of 20 feet from the lot line of an existing dwelling and be separated from such residential lot line by a buffer yard meeting § 27-803.
S.
Forestry. See "timber harvesting" in this section.
T.
Golf Course. A golf course may include a restaurant or clubhouse,
provided that such building is located a minimum of 150 feet away
from any lot line of an existing dwelling. The maximum impervious
area covered by man-made surfaces shall not exceed 5% of the total
lot area of the golf course.
U.
Group Homes. Group homes are permitted within a lawful dwelling unit,
provided the following additional requirements are met:
(2)
A group home shall not include any use meeting the definition
of a "treatment center."
(3)
A group home shall include the housing of a maximum of four
unrelated persons, by right and up to six unrelated persons by special
exception, except:
(4)
The facility shall have adequate trained staff supervision for
the number and type of residents. If the staffing of the facility
has been approved by a state or county human service agency, then
this requirement shall have been deemed to be met.
(5)
The applicant shall provide evidence of any applicable federal,
state or county licensing or certification to the Zoning Officer.
(6)
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.
(7)
Any medical or counseling services shall be limited to a maximum
of three nonresidents per day. Any staff meetings shall be limited
to a maximum of four persons at one time.
(9)
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.
(10)
The persons living on-site shall function as a common household
unit.
(11)
The applicant shall notify the local ambulance and fire services
of the presence of the group home and the type of residents.
(12)
An off-street parking space shall be provided for the largest
vehicle that serves the use.
(13)
The building shall have lighted exit lights, emergency lighting
and interconnected smoke alarms.
V.
Heliport. The following provisions shall not apply to a heliport
serving a hospital:
(1)
The applicant shall prove that the heliport has been located
and designed to minimize noise nuisances to other properties.
(2)
The Zoning Hearing Board may place conditions on the size of
helicopters, frequency of use, fueling facilities, setbacks and hours
of operation to minimize nuisances and hazards to other properties.
Provided, that the conditions do not conflict with safety or federal
or state regulations, the Zoning Hearing Board may require that the
majority of flights approach from certain directions, and not from
other directions that are more likely to create nuisances for residential
areas.
X.
Intensive Agriculture. See provisions under "raising of livestock
and poultry" in this section.
Y.
Junkyard. (Includes "automobile salvage yard.")
(1)
Storage of garbage or biodegradable material is prohibited,
other than what is customarily generated on-site and routinely awaiting
pick-up.
(2)
Outdoor storage of junk shall be at least: (a) 100 feet from
any residential lot line and (b) 50 feet from any other lot line and
the existing right-of-way of any public street.
(3)
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 with a minimum
width of 15 feet shall be provided throughout the entire use to allow
access by emergency vehicles. Adequate off-street parking areas shall
be provided for customers.
(4)
Outdoor storage shall be completely enclosed (except at approved driveway entrances) by a forty-foot wide buffer yard which complies with § 27-803, 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 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.
(5)
Burning or incineration is prohibited.
(7)
All gasoline, antifreeze and oil shall be drained from all vehicles
and properly disposed of. All batteries shall be removed from vehicles
and properly stored in a suitable area on an impervious and properly
drained surface.
(8)
Lot area: five acres minimum; 20 acres maximum.
(10)
Any storage of junk shall be maintained a minimum distance of
100 feet from the center line of any waterway, and shall be kept out
of a drainage swale.
Z.
Kennel.
(1)
All buildings in which animals are housed (other than buildings
that are completely soundproofed and air conditioned) and all runs
outside of buildings shall be located at least 150 feet from all "residential
lot lines." This one-hundred-fifty-foot setback shall be increased
to 200 feet if more than 20 dogs are kept overnight on the lot, and
be increased to 250 feet if more than 50 dogs are kept overnight on
the lot.
(2)
Buildings shall be adequately soundproofed so that sounds generated
within the buildings cannot routinely be heard within any principal
building on another lot.
(3)
No animal shall be permitted to use outdoor runs from 9:00 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.
(4)
See state law regulating kennels.
(5)
Minimum lot area: five acres, unless a larger lot area is required
by another section of this chapter.
AA.
Livestock and Poultry, Raising of.
(1)
Minimum lot area: five acres, except a minimum lot area of 25
acres shall apply for an "intensive agriculture" use.
(2)
Except for an intensive agriculture use, any building or concentrated
feeding areas for the keeping of livestock or poultry shall be located
a minimum of: (a) 300 feet from a lot in a residential district, (b)
200 feet from an existing dwelling that is not within a residential
district, (c) 50 feet from all other exterior lot lines. As a special
exception use, the Zoning Hearing Board may approve a smaller setback
for the expansion of facilities that existed prior to the adoption
of this section where the applicant proves that there is no reasonable
and feasible alternative and where the applicant proves that the lesser
distance would not be detrimental to public health or safety or create
significant hazards or nuisances.
(3)
For an intensive agriculture use, any building or concentrated
feeding areas for the keeping of livestock or poultry shall be located
a minimum of: (a) 600 feet from a lot in a residential district, (b)
200 feet from an existing dwelling that is not within a residential
district, and (c) 100 feet from all other exterior lot lines. As a
special exception use, the Zoning Hearing Board may approve a smaller
setback for the expansion of facilities that existed prior In the
adoption of this section where the applicant proves that there is
no reasonable and feasible alternative and where the applicant proves
that the lesser distance would not be detrimental to public health
or safety or create significant hazards or nuisances.
(4)
The setbacks from property lines provided in this section for
this use shall not apply from dwellings or lots owned by: (a) the
operator or owner of the livestock use, (b) affected property owners
providing a written notarized letter waiving such setback, or (c)
a building housing hogs that is above a manure holding facility.
(5)
Fencing shall be used as necessary and practical to prevent
livestock from entering streets or unauthorized property.
(6)
For a new or expanded raising of livestock or poultry use, evidence
shall be provided by the operator/applicant to the Borough to show
that there will be compliance with procedures and requirements of
the State Nutrient Management Act, 3 Pa.C.S.A. § 501 et
seq., and accompanying state regulations.
(8)
For manure storage facilities that are specifically required
to have a setback from lot lines under the state nutrient management
regulations, that state setback shall apply. For any other manure
storage facilities, a one-hundred-foot minimum setback shall apply
from all lot lines.
(9)
The following additional requirements shall apply to an intensive
agriculture use:
(a)
The applicant shall provide a soil and erosion control plan
to the County Conservation District for review and pay their review
fees.
(b)
The applicant shall describe in writing or on site plans methods
that will be used to address water pollution and insect and odor nuisances.
The applicant shall provide a written comparison of proposed methods
of controlling insect and odor nuisances and avoiding water pollution
to applicable sections of the Pennsylvania Soil and Water Conservation
Technical Guide as published by the U.S. Department of Agriculture
and the State Department of Environmental Protection's Manure
Management Manual for Environmental Protection, or their successor
publications. The applicant may meet this requirement by providing
a cross-reference to certain sections of such manuals or other written
industry standards to describe the methods that will be used.
(c)
The location of the facility is requested to consider prevailing
wind patterns as they may affect the nearest existing dwellings.
(d)
An area shall be provided for trucks to turn around on the property
that avoids the need to back out onto a public road.
BB.
Manufactured Homes. See "mobile/manufactured home" in this section.
DD.
Mineral Extraction.
(1)
The following additional requirements shall be met:
(a)
The applicant shall prove that a continuous route over roads
will be available and will be used by trucks leaving the use that
entirely involves roads with a minimum paved cartway width of 18 feet
from the exit driveway of the mineral extraction use to reach a state
numbered highway. This route shall consider any improvements that
the applicant proposes to fund.
(b)
A copy of all information submitted to state agencies shall
also be submitted to the Zoning Officer at the same time.
(c)
A detailed and appropriate land reclamation and reuse plan of
the area to be excavated shall be submitted to the Zoning Officer.
Compliance with such plan shall be a condition of Borough permits.
(d)
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.
(e)
A fifty-foot wide yard covered by natural vegetative ground
cover (except at approved driveway crossings) shall be required along
all exterior lot lines that are within 200 feet of an area of excavation.
The Board may require this yard to include an earth berm with a minimum
average height of six feet and an average of one shade tree for each
40 feet of distance along the lot lines. Such shade trees shall be
planted outside of any berm and any fence.
1)
New trees shall not be required where preserved trees will serve
the same purpose.
(f)
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 nonresidential principal building,
unless released by the owner thereof.
3)
Four hundred feet from the lot line of a 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.
(g)
The excavated area of a mineral extraction use shall be setback
150 feet from the average waterline of a perennial stream or the edge
of a natural wetland of more than two acres.
(h)
Truck access to the use shall be located to reasonably minimize:
hazards on public streets and dust and noise nuisances to residences.
(i)
Fencing. Borough Council may require secure fencing in locations
where needed to protect public safety. As an alternative, Borough
Council may approve the use of thorny vegetation to discourage public
access. Also, warning signs shall be placed around the outer edge
of the use.
(j)
Hours of Operation. Borough Council, as a condition of conditional
use 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.
(k)
The activities and residual effects shall not create conditions
that are significantly hazardous to the health and safety of neighboring
residents.
(l)
The Borough may require that the applicant post financial security
to cover the costs of damage that may occur to entrances and exits
to public roads as a result of the trucks carrying mining materials.
(m)
A plan shall be submitted showing sequential phases of mining
activities on the land. Mining activities shall be conducted on a
maximum of 50 acres at a time. Reclamation shall be initiated on one
phase before the next phase is opened for mining.
(n)
A plan shall be submitted showing how dust will be controlled.
EE.
Mobile/Manufactured Home. Installed on an individual lot or within
a mobile/manufactured home park approved after the adoption of this
chapter.
(1)
Construction. 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
local construction codes for the actual construction of the home itself.)
(2)
Each site shall be graded to provide a stable and well-drained
area.
(3)
Each home shall have hitch and tires removed.
(4)
Anchoring. A mobile/manufactured home on an individual lot or
mobile/manufactured home park shall include a system that properly
secures the home to the ground to prevent shifting, overturning or
uneven settling of the home. The requirements of the construction
codes shall apply, in addition to the manufacturer's specifications
for installation.
(5)
Foundation Treatment. The space between the bottom of the home
and the ground and/or home pad shall be enclosed using a durable fire-resistant
material. This enclosure shall have the appearance of a foundation
of a site-built home, such as material with a concrete-type or stucco
facing, except that metal skirting shall be allowed for a dwelling
within a manufactured/mobile home park. Provisions shall be provided
for access to utility connections under the home.
FF.
Mobile/Manufactured Home Park.
(1)
Plans and Permits. Plans shall be submitted and reviewed by the Borough for all mobile/manufactured home parks in compliance with the mobile/manufactured home park provisions of the Subdivision and Land Development Ordinance [Chapter 22] and all other provisions of such ordinance that apply to a land development, including the submission, approval and improvements provisions (other than specific provisions altered by this section).
(2)
The minimum tract area shall be one contiguous acre, unless a larger tract area is required by § 27-306 in a particular zoning district. This minimum tract area shall be under single ownership.
(3)
Density. The maximum average density of the tract shall be four
dwelling units per acre.
(a)
To calculate this density: 1) land in common open space or proposed
streets within the park may be included, but 2) land within the one-hundred-year
floodplain, wetlands and slopes over 25% shall not be included.
(4)
Landscaped Perimeter. Each mobile/manufactured home park shall
include a thirty-five-foot wide landscaped area including substantial
attractive 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. The same area of land may count towards both
the landscaped area and the building setback requirements.
(5)
A dwelling, including any attached accessory building, shall
be setback a minimum of 25 feet from another dwelling within the mobile
home park, except that unenclosed porches, awnings and decks may be
15 feet from the walls of another dwelling.
(6)
The minimum separation between homes and edge of interior street
cartway or parking court cartway shall be 25 feet.
(7)
The minimum principal and accessory building setbacks from exterior/boundary
lot lines and rights-of-way of pre-existing public streets shall be
50 feet.
(8)
Each home shall comply with the requirements for "mobile/manufactured
homes" stated in the preceding paragraph.
(9)
Accessory Structures. A detached accessory structure or garage
shall be separated a minimum of 15 feet from any dwelling units which
the accessory structure is not accessory to.
(10)
"Common Open Space" for a Mobile Home Park. A minimum of 15%
of the total lot area of the entire mobile home park shall be set
aside as common open space for the residents. The applicant shall
prove that these areas will be suitable for active or passive recreation.
(11)
Streets.
(a)
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.
(b)
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.
(c)
Curbs and sidewalks are not required on the private streets,
but all private streets shall meet all other Borough cartway construction
standards.
(12)
Utilities. All units within the mobile home park shall be connected
to a public water and a public sewage system. The system shall meet
appropriate minimum water pressure/fire flow and hydrant requirements.
The applicant shall prove that adequate provisions are made for solid
waste disposal.
(13)
Along through-streets, a minimum nighttime lighting level of
0.2 foot candles shall be maintained, at no expense to the Borough.
(14)
Other Requirements. A manufactured/mobile home park shall comply
with all of the same requirements of Borough ordinances that apply
to a subdivision or land development of site-built single-family detached
dwellings, except for requirements that are specifically modified
by this section.
GG.
Motor Vehicle Race Track.
(1)
All areas used for the racing, testing and maintenance of motor
vehicles shall be setback a minimum of 400 feet from the lot line
of an existing dwelling or a residential district boundary.
(2)
All buildings, parking, loading and unloading areas shall be
setback a minimum of 150 feet from the lot line of an existing dwelling
or a residential district boundary.
(3)
The applicant shall prove that the standards of Part 5 will be met, including noise, lighting and dust.
(4)
Minimum lot area: 30 acres.
JJ.
Picnic Grove Commercial.
(1)
All buildings, pavilions and areas used for nighttime activities
shall be a minimum of 150 feet from an existing dwelling on another
lot. All parking areas shall be setback a minimum of 75 feet from
any residential lot line. The use shall not operate between the hours
of 11:00 p.m. and 7:00 a.m.
(3)
Minimum lot area: five acres.
KK.
Place of Worship.
(1)
Minimum lot area: 30,000 square feet in a residential district,
unless a larger lot area is required by the applicable zoning district.
In any other district, a place of worship shall meet the minimum lot
area provided in Part three for that district.
(2)
Weekly religious education rooms and meeting rooms are permitted accessory uses provided they are incidental to the place of worship. A primary or secondary school and/or a child or adult day care center may be approved on the same lot as a place of worship provided the requirements for such uses are also met. See § 27-305. Other uses shall only be allowed if all of the requirements for such uses are also met, including being permitted in the applicable district.
(3)
A maximum of one dwelling unit may be accessory to a place of
worship on the same lot, to house employees of the place of worship
and/or an employee and his/her family.
LL.
Recreation, Outdoor.
(1)
All buildings, pavilions and areas used for nighttime activities
shall be a minimum of 100 feet from an existing dwelling on another
lot.
(2)
This term shall not include "publicly-owned recreation," a "golf
course," or a "motor vehicle racetrack."
(5)
Where woods exist adjacent to an exterior lot line of the use adjacent to a residential lot line, such woods shall be preserved within at least 20 feet of such lot line, except for approved driveway, utility and trail crossings. Where such woods will not exist, a twenty-foot wide buffer yard in accordance with § 27-803 shall be required.
MM.
Recycling Collection Center.
(1)
This use shall not be bound by the requirements of a solid waste
disposal facility.
(2)
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.
(3)
Adequate provision shall be made for movement of trucks if needed
and for off-street parking.
(4)
A twenty-foot wide buffer yard with screening as described in § 27-803 shall be provided between this use and any abutting "residential lot line."
(5)
This use may be a principal or accessory use, including being
an accessory use to a commercial use, college, 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.
(6)
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.
(7)
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.
(8)
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.
(9)
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.
NN.
Residential Conversions. See "conversions of an existing building"
within this section.
PP.
(Reserved)
QQ.
School, Public or Private, Primary or Secondary.
(1)
Minimum lot area: 40,000 square feet in a residential district.
In any other district, the use shall meet the standard minimum lot
area requirement for that district.
(2)
No children's play equipment, basketball courts or illuminated
recreation facilities shall be within 50 feet of a residential lot
line.
(3)
The use shall not include a dormitory unless specifically permitted
in the district.
RR.
Self-Storage Development.
(1)
All storage units shall be of fire-resistant construction.
(2)
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.
(3)
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.
(4)
Nothing shall be stored in interior traffic aisles, required
off-street parking areas, loading areas or accessways.
(5)
The use shall not include a commercial auto repair garage unless
that use is permitted in the district and the use meets those requirements.
(6)
Adequate lighting shall be provided for security, but it shall
be directed away or shielded from any adjacent residential uses.
(8)
Minimum separation between buildings - 20 feet. Maximum length
of any building - 300 feet.
SS.
Solid Waste Transfer Facility or Solid Waste-to-Energy Facility.
(1)
All solid waste storage, disposal, incineration or processing
shall be at least 200 feet from the following: public street right-of-way,
exterior lot line, one-hundred-year floodplain, edge of a surface
water body (including a water filled quarry) or wetland of more than
1/2 acre in area.
(2)
All solid waste storage, disposal, incineration or processing
shall be a minimum of 500 feet from any residential district, perennial
creek, publicly-owned park or any existing dwelling that the applicant
does not have an agreement to purchase.
(3)
The use shall be served by a minimum of two paved access roads,
each with a minimum cartway width of 24 feet. One of these roads may
be restricted to use by emergency vehicles.
(4)
No burning or incineration shall occur, except within an approved
waste to energy facility.
(5)
The operation and day-to-day maintenance of the solid waste
disposal area shall comply with all applicable state and federal regulations
as a condition of the continuance of any permit of the Borough. Violations
of this condition shall also be considered to be violations of this
chapter.
(6)
Open dumps and open burning of refuse are prohibited.
(7)
The applicant shall prove to the satisfaction of the Zoning
Hearing Board that the existing street network can handle the additional
truck traffic, especially without bringing extraordinary numbers of
trash hauling trucks through or alongside existing residential or
residentially zoned areas and especially considering the width and
slopes of streets in the Borough.
(8)
The applicant shall prove to the satisfaction of the Zoning
Hearing Board that the use would not routinely create noxious odors
off of the tract.
(9)
A chain link or other approved fence with a minimum height of
eight feet shall surround active solid waste disposal areas to prevent
the scattering of litter and to keep out children, unless the applicant
proves to the satisfaction of the Zoning Hearing Board that this is
unnecessary. The Board shall require earth berms, evergreen screening
and/or shade trees as needed shall be used to prevent waste operations
from being visible from a public street or dwelling.
(10)
A minimum lot area of 15 acres shall be required for the first
250 tons per day of capacity to treat or dispose of waste, plus one
acre for each additional 100 tons per day of capacity. A solid waste
facility shall have a maximum total capacity of 500 tons per day.
(11)
Health Hazards. Any facility shall be operated in such a manner
to prevent the attraction, harborage or breeding of insects, rodents
or vectors.
(12)
Attendant. An attendant shall be present during all periods
of operation or dumping.
(13)
Gates. Secure gates, fences, earth mounds and/or dense vegetation
shall prevent unauthorized access.
(14)
Emergency Access. The operator of the use shall cooperate fully
with local emergency services. This should include allowing practice
exercises on the site and the provision of all information needed
by the emergency services to determine potential hazards. Adequate
means of emergency access shall be provided.
(15)
Under authority granted to the Borough under Act 101 of 1988,
53 P.S. § 4000.101 et seq., the hours of operation shall
be limited to between 7:00 a.m. and 9:00 p.m.
(17)
Litter. The operator shall regularly police the area of the
facility and surrounding streets to collect litter that may escape
from the facility or trucks.
(18)
Dangerous Materials. No radioactive, hazardous, chemotherapeutic
or infectious materials may be stored, processed, disposed or incinerated.
Infectious materials are defined as medical wastes used or created
in the treatment of persons or animals with seriously contagious diseases.
(19)
The applicant shall provide sufficient information for the Borough
to determine that the requirements of this chapter will be met.
(20)
For a solid-waste-to-energy facility or solid waste transfer
facility, all loading and unloading of solid waste shall only occur
within an enclosed building, and over an impervious surface drains
to a holding tank that is then adequately treated. All solid waste
processing and storage shall occur within enclosed buildings or enclosed
containers.
TT.
Stable, Nonhousehold. (Includes riding academies; see also "keeping of pets in § 27-403.)
(1)
Minimum lot area: 2 acres for the first horse or similar animal,
plus one acre for each additional horse or similar animal.
(2)
Any horse barn, manure storage areas or stable shall be a minimum
of 100 feet from any lot line of an adjacent dwelling.
(3)
Manure shall be regularly collected and disposed of in a sanitary
manner that avoids nuisances to neighbors. Manure shall be stored
in a manner that prevents it from being carried off by runoff into
a creek. Manure shall not be stored within 100 feet of a perennial
waterway.
UU.
Swimming Pool, Nonhousehold.
(1)
The water surface shall be setback at least 50 feet from any
existing dwelling on another lot.
(2)
Minimum lot area: one acre.
(3)
Any water surface within 100 feet of an existing dwelling on another lot shall be separated from the dwelling by a buffer yard meeting § 27-803.
(4)
The water surface shall be surrounded by a secure, well-maintained
fence at least six feet in height.
(5)
Drainage. A proper method shall be provided for drainage of
the water from the pool that will not flood other property.
VV.
Timber Harvesting.
(1)
A soil and erosion conservation plan shall be prepared and submitted
if the timber harvesting involves more than one acre.
(2)
Clear cutting shall not cover more than one acre, except in
areas approved for construction of buildings, parking, stormwater
facilities, utilities or other improvements.
WW.
Townhouses and Apartments.
(1)
Maximum number of townhouses in any attached grouping: 8.
(2)
Paved Area Setback. 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 10 feet from any dwelling.
(3)
Garages. 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.
(4)
Mailboxes. 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.
(5)
Access. 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.
(6)
Common Open Space. If a development includes more than five
acres, then a minimum of 15% of the total lot area of the development
involving townhouses and apartments and their accessory uses shall
be set aside as common open space for the residents. The applicant
shall prove that these areas will be suitable for active or passive
recreation.
(a)
A recreation building or pool available to all residents of
the development may count towards the open space requirement. Areas
with a width of less than 50 feet shall not count towards this requirement.
XX.
Treatment Center.
(2)
The applicant shall provide a written description of all conditions
(such as criminal parolees, alcohol addiction) that will cause persons
to occupy the use during the life the permit. Any future additions
to this list shall require an additional special exception approval.
(3)
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.
(4)
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.
(5)
If the use involves five or more residents, a suitable recreation
area shall be provided that is supervised by the center's staff.
YY.
Trucking Company Terminal.
(1)
As a condition of approval, the Zoning Hearing Board may require
additional earth berming, setbacks, landscaping and lighting controls
as they determine to be necessary to provide compatibility with adjacent
dwellings. These measures shall be designed to minimum glare, noise,
soot, dust, air pollutants and other nuisances upon dwellings.
ZZ.
Veterinarian Office (Includes Animal Hospital).
(1)
Minimum lot area: one acre.
(2)
Any structure in which animals are treated or housed shall be
a minimum of 30 feet from any lot line of an existing dwelling. Buildings
shall be adequately soundproofed so that sounds generated within the
buildings cannot routinely be perceived within any adjacent dwellings.
(3)
Animals undergoing treatment may be kept as an accessory use.
However, a commercial kennel shall only be allowed if a kennel is
permitted in that district and if the applicable requirements are
met.
AAA.
Windmill(s) Designed Primarily for Generating Electricity for
Off-Site Use.
(1)
The application shall include the following information:
(a)
The name of project applicant.
(b)
The name of the project owner.
(c)
The legal description and address of the project.
(d)
A description of the project including: number, type, name plate
generating capacity, tower height, rotor diameter, and total height
of all wind turbines and means of interconnecting with the electrical
grid.
(e)
Site layout, including the location of property lines, wind
turbines, electrical wires, interconnection points with the electrical
grid, and all related accessory structures. The site layout shall
include distances and be drawn to scale.
(f)
Engineer's certification.
(g)
Documentation of land ownership or legal control of the property.
(h)
A topographical map of the property and surrounding area showing
the proposed windmill locations.
(i)
An acoustical analysis.
(j)
Information on compliance with any FAA regulations.
(k)
Decommissioning plan.
(2)
Definitions.
(a)
Fall Zone. The area, defined as the furthest distance from the
tower base, in which a guyed tower will collapse in the event of a
structural failure. This area is less than the total height of the
structure.
(b)
Conservation Lands. Land owned in fee title by state or federal
agencies and managed specifically for conservation purposes, including
but not limited to state gamelands, state forest, state parks, natural
areas, and federal recreation areas. For the purposes of this section
public conservation lands will also include lands owned in fee title
by nonprofit conservation organizations. Public conservation lands
do not include private lands upon which conservation easements have
been sold to public agencies or nonprofit conservation organizations.
(c)
Rotor Diameter. The diameter of the circle described by the
moving rotor blades.
(d)
Total Height. The highest point, above ground level, reached
by a rotor tip or any other part of the windmill.
(e)
Tower. Towers include vertical structures that support the electrical
generator, rotor blades, or meteorological equipment.
(f)
Tower Height. The total height of the windmill exclusive of
the rotor blades.
(g)
Windmill or Wind Turbine. A wind turbine is any piece of electrical
generating equipment that converts the kinetic energy of blowing wind
into electrical energy through the use of airfoils or similar devices
to capture the wind.
(3)
Setbacks. A windmill regulated by this section shall be setback
the following minimum distances, whichever is greater:
(4)
Temporary towers designed to test possible locations for a windmill
shall be permitted by right, provided they are removed within one
year and meet the same setbacks as a windmill.
(5)
For a windmill, a professional engineer shall certify that the
turbine, foundation and tower design of the WECS is within accepted
professional standards, given local soil conditions.
(6)
Rotor blades or airfoils must maintain at least 12 feet of clearance
between their lowest point and the ground.
(7)
Warnings.
(a)
A sign(s) shall be posted on the tower, transformer and substation
warning of high voltage. Signs with emergency contact information
shall also be posted on the turbine or at another suitable point.
(b)
For all guyed towers, visible and reflective objects, such as
plastic sleeves, reflectors or tape, shall be placed on the guy wire
anchor points and along the outer and innermost guy wires up to a
height of eight feet above the ground. Visible fencing may be required
around anchor points of guy wires.
(8)
Decommissioning. A windmill shall be considered a discontinued
use after one year without energy production, unless a plan is developed
and submitted to the Zoning Officer outlining the steps and schedule
for returning the windmill to service. All windmills and accessory
facilities shall be removed to four feet below ground level within
90 days of the discontinuation of use.
(a)
A decommissioning plan shall outline the anticipated means and
cost of removing windmill at the end of their serviceable life or
upon becoming a discontinued use. The cost estimates shall be made
by a competent party; such as a professional engineer, a contractor
capable of decommissioning or a person with suitable expertise or
experience with decommissioning. The plan shall also identify the
financial resources that will be available to pay for the decommissioning
and removal of the windmill and accessory facilities.
(9)
All windmills shall comply with the noise limits of this chapter,
as well as construction and electrical codes requirements and Federal
Aviation Administration requirements if within an approach zone to
an airport and in regards to lighting.
(10)
Interference. The applicant shall minimize or mitigate interference
with electromagnetic communications, such as radio, telephone, microwaves,
or television signals cause by any windmill.
[Ord. 843, 6/19/2007, § 403]
1.
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.
2.
Accessory Setbacks. The accessory setback requirements of the applicable
district shall apply to every accessory building, structure or use
unless a standard that is clearly meant to be more restrictive or
less restrictive is specifically stated in this Part for a particular
accessory use. Accessory structure setback requirements shall not
apply to permitted surface parking lots, fences or permitted accessory
signs.
3.
Front Yard Setback. No accessory structure, use or building shall
be permitted in a required front yard in any district, unless specifically
permitted by this chapter.
4.
Special Standards. Each accessory use shall comply with all of the
following standards listed for that use:
B.
Day Care, Child - as Accessory to a Dwelling.
(2)
In any case, seven or more 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 without being required to meet this Subsection 4B. 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.
(3)
The dwelling shall retain a residential appearance with no change
to the exterior of the dwelling to accommodate the use, other than
cosmetic improvements.
(4)
The use shall be actively operated by a permanent resident of
the dwelling.
(5)
If seven or more children are cared for who are not related
to the primary caregiver, then a minimum of 400 square feet of exterior
play area shall be available, surrounded by a six-foot high secure
fence.
(7)
The use shall comply with any applicable state and federal regulations,
including having an appropriate State Department of Public Welfare
(or its successor agency) registration certificate or license if required
by such agency.
(8)
The use shall include a secure fence around any outdoor areas
abutting streets that are routinely used for outdoor play.
C.
Drive-Through Facilities.
(1)
The proposed traffic flow and ingress-egress shall not cause
traffic hazards on adjacent streets.
(2)
On-lot traffic circulation and parking areas shall be clearly
marked.
(3)
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.
D.
Fences and Walls.
(1)
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. A fence shall
not be required to comply with minimum setbacks for accessory structures.
(3)
Fences.
(a)
Front Yard. No fence in the minimum front yard in a residential
district or in the HD Historic Overlay District shall be constructed
of chain link metal. Any fence located in the required minimum front
yard of a lot in a residential district:
1)
Be an open-type offence (such as picket, wrought iron, vinyl
post, or split rail) with a minimum ratio of 1:1 of open to structural
areas.
2)
Not exceed four feet in height. A taller height may be approved
by the Zoning Officer if necessary to contain animals or to address
a specific hazard, such as an electric transformer.
(b)
On a corner lot, a fence or wall shall meet the same requirements
along both streets as would apply within a minimum front yard. However,
a fence that only extends behind the rear of a dwelling may have a
maximum height of 6.5 feet along one of the streets, other than the
street that is along the front of the dwelling.
(c)
Height.
1)
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 of height of 10 feet shall be allowed around a tennis
court (provided it is outside of the minimum front yard) and a taller
height may be allowed where the applicant proves to the Zoning Officer
that such taller height is necessary to protect public safety around
a specific hazard.
2)
A fence in the minimum front yard that is not within a residential
district shall have a maximum height of four feet.
(d)
Setbacks. No fence shall be built within an existing street right-of-way. A fence may be constructed without a setback from a lot line, except that a fence shall be located on the inside of any buffer plantings required by § 27-803 and except that a five-foot minimum setback shall apply for a fence of a principal business that is more than six feet in height and that is adjacent to a principal dwelling. Where no setback is required, a one foot or greater setback is recommended to provide for future maintenance of the fence and to account for possible inaccurate lot lines.
(e)
Fence Materials. Barbed wire shall not be used as part offences
around dwellings in residential districts. 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 or
wall shall be constructed out of fabric, junk, junk vehicles, appliances,
drums or barrels.
(4)
Walls.
(a)
Engineered retaining walls necessary to hold back slopes are
exempted from setback regulations and the regulations of this section,
and are permitted by right as needed in all districts. However, if
a retaining wall is over eight feet in height, it shall be setback
a minimum of 15 feet from a lot line of an existing dwelling.
(b)
No wall of greater than three feet shall be located in the required front yard in a residential district, except as a backing for a permitted sign as permitted in § 27-704.
(c)
A wall in a residential district outside of a required front
yard shall have a maximum height of three feet if it is within the
minimum accessory structure setback.
(d)
Walls that are attached to a building shall be regulated as
a part of that building.
E.
Garage Sale (Includes Yard Sale, Moving Sale and Porch Sale).
(1)
See definition in Part 2. A garage sale shall not include wholesale sales, nor sale of new merchandise of a type typically found in retail stores.
(2)
Each dwelling may have garage sales on a maximum of 6 total
days per calendar year.
(3)
The use shall be clearly accessory to the principal use.
(4)
No outdoor storage shall be permitted when the sale is not in
operation.
(5)
All items shall be placed and offered for sale within the confines
of the property described in the permit.
(6)
No toxic or alcoholic beverages shall be offered for sale at
a garage sale.
(7)
Garage sale signs shall have a maximum sign area of two square
feet, shall not be placed more than one day before the sale, and shall
be removed within 24 hours after the conclusion of the garage sale.
The Borough may require the payment of a deposit or escrow to ensure
the removal of garage sale signs within 24 hours after the garage
sale is completed.
F.
Home Occupations.
(1)
All home occupations shall meet the following requirements:
(a)
The use shall be conducted primarily by a permanent resident
of the dwelling, and involve a maximum of one person working on-site
at any one time who does not reside within the dwelling. A maximum
of one nonresident employee shall visit the property on a daily basis
or operate a vehicle based at the property.
(b)
The use shall be conducted indoors. No outdoor storage or display
related to the home occupation shall be permitted. No changes shall
occur to the exterior of a building that would reduce its residential
appearance as viewed from a street.
(c)
The use shall occupy an area that is not greater than 25% of
the total floor area of the principal dwelling unit. The use shall
clearly be secondary to the residential use.
(d)
One off-street parking space shall be required per nonresident
employee. In addition, for a major home occupation, the Zoning Hearing
Board shall require additional off-street parking if the Board determines
it is necessary for customer parking.
(e)
The use shall not require delivery by tractor-trailer trucks.
(f)
The regulations of § 27-403, Subsection 1I(4), 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.
(g)
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.
(h)
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.
(i)
Any tutoring or instruction shall be limited to a maximum of
three students at a time.
(j)
A barber or beauty shop shall not include any nonresident employees.
(k)
The main office of a medical doctor, chiropractor or dentist
shall not be permitted as a home occupation.
(l)
A home occupation may include a single one square foot nonilluminated sign, as permitted by Part 7. The sign shall have a maximum height above the ground of six feet and may be attached to a building or a pole. The sign shall not be allowed within the street right-of-way.
(m)
The Zoning Hearing Board shall deny a major home occupation
application, or limit its intensity through conditions, if the Board
determines the use would be too intense for the proposed location.
In making such determination, the Board shall review the likely amounts
of traffic, the types of deliveries needed, 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.
(n)
The use shall not involve manufacturing, other than of custom
crafts and sewing. The use shall not involve commercial repair of
motor vehicles.
(o)
The use may include sales using telephone, mail order or electronic
methods. On-site retail sales shall be prohibited, except for sales
of hair care products as accessory to a barber/beauty shop.
(p)
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.
(q)
A zoning permit shall be required for a major home occupation.
(2)
In addition to the requirements listed in Subsection 1F(1) above,
the following additional requirements shall apply to a "minor home
occupation":
(a)
The use shall not routinely involve routine visits to the home
occupation by customers or more than one nonresident employee at a
time.
(b)
The use shall only involve the following activities:
1)
Work routinely conducted within an office.
2)
Custom sewing and fabric and basket crafts.
3)
Cooking and baking for off-site sales and use.
4)
Creation of visual arts (such as painting or wood carving).
5)
Repairs to and assembly of computers and computer peripherals.
6)
A construction trades person, provided that no nonresident employees
routinely operate from the lot.
(c)
A zoning permit shall not be required for a minor home occupation.
G.
Outdoor Storage and Displays, Commercial or Industrial as a Principal
or Accessory Use.
(1)
Location. 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 parking area.
(2)
No such storage or display shall occur on areas with a slope
in excess of 25% or within the one-hundred-year floodplain.
(4)
Tire Storage.
(a)
For tires not mounted on a motor vehicle, any outdoor storage
of more than five tires on a lot in a residential district or more
than 50 used tires in a nonresidential district shall only be permitted
as part of a Borough-approved junkyard.
(b)
The outdoor storage of more than 50 used tires shall be limited
to the I-C Industrial Commercial District.
(c)
Where allowed, any storage of used tires shall involve stacks
with a maximum height of 15 feet, and that cover a maximum of 400
square feet. Each stack shall be separated from other stacks from
all lot lines by a minimum of 75 feet. If the same set of tires is
stored on a lot for more than six months, they shall be stored within
a building or trailer.
(d)
The operator of a lot involving tire storage shall prove that
the tires are stored in a manner that minimizes public health hazards
from the breeding of vectors in accumulated water and/or that the
site is regularly sprayed to minimize vectors.
H.
Pets, Keeping of.
(1)
This is a permitted by right accessory use in all districts.
(2)
No use shall involve the keeping of animals or fowl in such
a manner or of such types of animals that it creates a serious 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.
(4)
Pigeons, chickens, roosters, ducks, geese and/or similar fowl
shall not be kept on a lot of less than one acre. However, if the
total weight of such fowl exceeds 500 pounds, then the requirements
shall be met for "raising of livestock or poultry."
(5)
Any keeping of pets shall only be permitted provided it does
not create unsanitary conditions or noxious odors for neighbors.
(6)
Horses. Minimum lot area: two acres for first horse or similar
animal, plus one acre for each horse or similar animal in excess of
one. Any horse barn, manure storage areas or stable shall be a minimum
of 75 feet from any "residential lot line."
(7)
See the definition of "pets" in § 27-202. 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, fish, gerbils and lizards.
(a)
The following and similar animals shall only be allowed to be
kept as pets if the Zoning Hearing Board approves a particular number
and type of species as a special exception after the applicant proves
they will not cause nuisances or hazards: bears, wolves, wolf-dog
hybrids, venomous snakes that could be toxic to humans, monkeys, apes,
constrictor snakes that could be dangerous to humans, or any "exotic
wildlife" as defined by the Pennsylvania Game and Wildlife Code, 34
Pa.C.S.A. § 101 et seq. Exotic wildlife shall also require
an exotic wildlife possession permit from the state.
(8)
The keeping of cows, sheep, goats and hogs shall require a minimum
lot area of five acres.
|
Recreational Vehicle Parking. See under residential accessory
structure or use in this section.
|
I.
Residential Accessory Structure or Use. (See definition in Part 2.)
(1)
Accessory structures and uses (other than fences) shall not be located within the required accessory use setback as stated in § 27-307, Subsection 1, unless specifically exempted by this chapter. Accessory structures shall not be located within a front yard, nor within any yard required to be equal in width to a front yard along a street on a corner lot. See accessory setback regulations in § 27-307.
(2)
Accessory buildings in a residential district on a lot of less
than two acres shall meet the following requirements:
(a)
Maximum of two accessory buildings per lot.
(4)
Parking of Commercial Trucks. The overnight outdoor parking
of commercial trucks or the trailer from a tractor-trailer combination
on a principal residential lot in a residential district is prohibited,
except that one of the following shall be permitted if such vehicle(s)
is used by residents of the dwelling to travel to and from work:
(a)
The parking of a maximum of one vehicle of up to 13,000 pounds
aggregate gross vehicle weight.
(b)
The parking of one vehicle with an aggregate gross vehicle weight of over 13,000 pounds aggregate gross vehicle weight; provided, such vehicle is kept a minimum of 100 feet from any dwelling on another lot; and, provided, a row of evergreen trees meeting § 27-803 is planted to buffer views of the vehicle from the street and dwellings on other lots.
(c)
Construction equipment that is not primarily intended for on-road
use shall not be stored overnight in a residential district. A vehicle
shall not block a shared driveway or street.
(5)
Repairs. Repairs of a truck with an aggregate gross vehicle
weight of over 13,000 pounds aggregate gross vehicle weight shall
not occur on a residential lot. Repairs of motor vehicles that are
not owned or leased by a resident of the lot or his/her "relative"
shall not occur on a residential lot.
(8)
Recreational Vehicles or Boats. A recreational vehicle or boat
with a length of 24 feet or greater shall not be parked in the front
yard of a dwelling during more than two days in any seven-day period.
J.
Swimming Pool, Household. (Referred hereafter as "pool.")
(1)
See the requirements of the Construction Code [Chapter 5, Part 1] regarding fencing of pools. In the event such Construction Code does not result in a fence being required, then this chapter provision shall apply. Every swimming pool containing 24 inches or more of water depth shall include a fence, wall, above-ground pool walls or similar enclosure surrounding the pool. Such enclosure shall extend not less than four feet above the ground. All gates shall be self-closing and self-latching, with latches placed at least four feet above the ground.
(2)
A swimming pool shall not be located in a minimum front yard.
The water surface and any raised decking of a swimming pool shall
be setback a minimum of five feet from side and rear lot lines.
K.
Unit for Care of Relative.
(2)
The accessory unit shall be occupied by a maximum of two persons,
who shall be "relatives" 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.
(3)
The applicant shall prove to the Zoning Officer that the accessory
unit has been designed and constructed so that it can be easily reconverted
into part of the principal dwelling unit or is a modular cottage that
will be completely removed from the lot after the relative no longer
resides within the unit. Such accessory unit may be converted into
an additional bedroom(s), permitted home occupation area or similar
use. 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 or otherwise function as part of the principal dwelling
unit.
(4)
The applicant shall establish a legally binding mechanism in
a form acceptable to the Borough that will prohibit the use of the
accessory unit as a separate dwelling unit after the relative no longer
resides within the unit. Such mechanism shall also be binding upon
future owners.
(5)
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.
(6)
Such accessory unit shall not decrease the one-family residential
appearance of a one-family dwelling, as viewed from exterior property
lines. The accessory unit shall be attached to the principal dwelling
unit, except a detached dwelling may be specifically approved by the
Zoning Hearing Board as a special exception. If a detached modular
dwelling is placed on the property, it shall be completely removed
within 90 days after the relative no longer lives within it. A detached
dwelling shall only be placed on the lot if it will meet principal
building setbacks and has a maximum building floor area of 900 square
feet.
(7)
Additional parking for the accessory unit is not required if
the applicant proves that the resident(s) of the accessory unit will
not routinely operate a vehicle.
