The purpose of this article is to establish standards for specific
uses which require special design considerations. These regulations
are set forth to achieve compatibility with the principal uses permitted
in a zoning district. These regulations shall apply to all zoning
districts in which the particular use being regulated is permitted.
It is the intent of the Borough that, where these uses are permitted,
they comply strictly with the standards that have been created to
address their particular impacts and characteristics. The provisions
for this article shall apply in addition to any other applicable zoning
regulations.
[Amended 8-21-2007 by Ord. No. 2007-4]
The following may be permitted as accessory uses in addition
to a permitted principal use in a district, but must always be incidental
and subordinate to the principal use. The accessory use shall be located
in the rear or side yard of the lot and shall be located no further
forward than the front line of the principal building. The minimum
setback for an accessory use in the R3a, R3b, R4, R5 and R6 Zoning
Districts shall not be less than five feet from the side lot lines
and not less than seven feet from the rear lot lines. In all other
zoning districts, the minimum setback for an accessory use shall be
not less than seven feet from the lot lines. Accessory uses shall
have a maximum height of 15 feet and shall specifically be deemed
accessory in accordance with the following terms:
A.
Residential accessory uses, buildings, or structures. Only when
noncommercial and only for the use of residents of the dwelling, accessory
uses to residential uses include, but are not limited to:
(2)
Structures such as, but not limited to, shelter for household
pets, storage sheds, bathhouses, gazebos, decks, patios, tennis courts
and noncommercial greenhouses. Utility structures such as generators
and storage tanks shall be screened from view on all sides to the
greatest extent feasible and, if located in areas subject to traffic,
shall be protected against physical damage.
[Amended 5-17-2011 by Ord. No. 2011-2]
(3)
Noncommercial swimming pool subject to the following:
(a)
Noncommercial swimming pool, including both aboveground
or in-ground pools, designed with a depth of two feet or more, shall
be for use of residents and their guests and shall not be operated
commercially as to charge a fee for its use.
(b)
A permit shall be required to locate, construct
or maintain a noncommercial swimming pool.
(c)
Swimming pools and buildings related to the pool
may be located in the rear or side yard of the lot and shall not be
closer to any rear or side lot line than the minimum required building
setbacks of the district in which the lot is located. Any paved areas
or decks related to the pool shall be no closer than five feet to
a lot line.
(d)
Outdoor lighting, if any, shall be shielded and/or
reflected away from adjacent properties so that the lighting is neither
directed nor reflected upon adjacent properties.
(e)
Noncommercial swimming pools shall be completely
enclosed by a fence of a minimum of four feet in height with no openings
greater than four inches in width and built to deter accidental entrance
to the pool, and shall be maintained in a good, safe condition. All
fence gate openings shall be equipped with self-closing and self-latching
devices for keeping the gate(s) securely closed at all times.
(f)
At the time of application for a building permit,
it shall be demonstrated that the drainage of the pool is adequate
and will not interfere with the water supply system, with existing
sewage facilities, with public streets, and shall not drain into the
neighboring property.
(4)
Garage or yard sales shall meet the following:
(a)
Such temporary uses shall be last no more than
three consecutive days, and shall be limited to not more than four
times within one calendar year. There shall be at least 30 days between
each occurrence.
(b)
Signs advertising garage or yard sales shall be
limited to limited to two square feet in size, and shall be posted
no more than two days prior to the sale and removed within 24 hours
after said event. No more than four off-premises signs shall be placed,
and the location of off-premises signs shall be approved by the property
owners of the properties on which they are placed.
(c)
There shall be no more than one motor vehicle for
sale per residential lot, and that sale shall not exceed 90 days in
length.
(5)
Radio and television or microwave dish antennae subject to § 220-2414.
(8)
Uses designed to serve the residents of a residential development,
including areas for washing machines and dryers, lockers or storage
areas, recreational facilities and lounges.
(9)
Major home occupations in accordance with § 220-2412.
(10)
Minor home occupations in accordance with § 220-2412.
(11)
Supplemental dwelling unit or accessory apartment.
This accessory use allows a smaller secondary dwelling unit within
an existing single-family detached dwelling or accessory building
on the same lot as the principal dwelling without substantial exterior
modification to the existing building. The purpose is to protect and
allow efficient use of the existing housing stock, and to provide
opportunity to allow housing to meet the specific housing needs of
Borough families and allow the owners to remain residents of that
dwelling and the Borough. Supplemental dwelling units shall meet the
following:
(a)
A supplemental dwelling unit shall be permitted
only in single-family detached dwellings and their accessory buildings.
(b)
The supplemental dwelling unit shall remain accessory
and secondary to the principal single-family detached dwelling.
(c)
The area and bulk regulations of the zoning district
shall apply to the lot on which the supplemental dwelling unit is
located.
(d)
No more than one supplemental dwelling unit shall
be allowed on each lot.
(e)
The supplemental dwelling unit shall be permitted
only in one of the following configurations:
[1]
Located in the existing principal dwelling and
may be a conversion of an existing floor area, such as a garage or
upper story of the dwelling, and designed so that, to the greatest
extent possible, the appearance of the principal dwelling remains
that of a single-family detached dwelling.
[2]
Entrances to the supplemental dwelling unit shall
be located to the rear or side of the building, and there shall be
no additions permitted in conjunction with the creation of a supplemental
dwelling unit, except those as may be needed for enclosed stairwells
or to meet Borough and state safety codes.
[3]
Contained within an accessory building on the same
lot as the principal dwelling.
(f)
Either the principal single-family dwelling or
the supplemental dwelling unit shall be occupied by the bona fide
owner of the property on which both dwelling units are located.
(g)
The supplemental dwelling unit shall be no more
than 35% of the principal dwelling's total floor area, and shall have
a minimum floor area of 400 square feet.
(12)
One boarder shall be permitted per each residential
single-family detached dwelling use.
B.
Commercial, institutional, or industrial accessory uses, buildings,
or structures. The following uses shall be permitted when incidental
and subordinate to an existing commercial or industrial use:
(3)
Outdoor storage or display of materials in accordance with § 220-2310.
(4)
Fences or walls in accordance with § 220-2308.
(5)
Radio and television or microwave dish antennae subject to § 220-2414.
(7)
Utility structures such as generators and storage tanks shall
be screened from view on all sides to the greatest extent feasible
and, if located in areas subject to traffic, shall be protected against
physical damage.
[Amended 5-17-2011 by Ord. No. 2011-2]
C.
Temporary structure, building, or use. Temporary structures,
buildings, or uses shall be subject to the following:
(1)
A temporary building permit may be issued for structures or
uses necessary during construction or other special circumstances
of a nonrecurring nature, subject to the Borough permitting process.
(2)
A temporary structure or use could include, but is not limited
to, offices for contractors, bookmobile, mobile unit for medical screening,
political campaign headquarters, temporary structures for business
operations which have been displaced from the principal building due
to damage.
(3)
The time period of the initial permit shall be three months.
The permit may be renewed for six months if the applicant can demonstrate
reasonable progress towards the completion of the project necessitating
the temporary structure, building, or use.
(4)
Such structure, building, or use shall be removed completely
within five days of the expiration of the permit without cost to the
Borough.
D.
Temporary community event. A temporary activity could include,
but is not limited to, special events, flea markets, public exhibits,
municipal activities, nonprofit events, street fairs, festivals, fundraisers,
and similar organizational activities, subject to the following:
(1)
Such temporary uses shall be limited to not more than seven
consecutive days per event, and shall be limited to not more than
four events in a calendar year for each organization. There shall
be a thirty-day period between each event.
(2)
Signs advertising a temporary community event shall be subject to the provisions of Article XXVI. Additionally, such signs shall be limited to 12 square feet in size, and shall be posted no more than 14 days prior to the first day of the event and shall be removed on the final day of the event. No more than four off-premises signs shall be placed and the location of these signs shall be approved by the property owners of the properties on which they are placed.
(3)
The applicant for the use shall provide Borough Council with
plans to ensure adequate parking, emergency access, road access, sanitary
facilities, refuse collection, noise control, and clean-up after the
event.
Adult commercial uses, being those uses as listed in the Pennsylvania
Adult Oriented Establishment Statute, 68 P.S. § 5502, shall
be subject to the following regulations:
A.
Adult entertainment uses shall be located a minimum of 250 feet
from any residential use, church, school, day-care facility, or public
playground or park.
B.
Signs and visible messages based on the allowable sign area
within the applicable zoning district shall be permitted, provided:
(1)
Sign messages shall be limited to verbal description of materials
or services available on the premises and shall not be obscene in
nature.
(2)
Sign messages may not include any graphic or pictorial depiction
of material or services available on the premises.
(3)
Messages which are visible or intended to be visible from outside
the property, such as on or within the doors or windows, shall not
display materials, items, publications, pictures, films, or printed
material available on the premises.
C.
Adult commercial uses shall require application for a conditional
use permit from Borough Council prior to commencement of operation.
Application for such a conditional use permit shall consist of:
D.
Should any adult commercial use cease or discontinue operation
for a period of 90 or more consecutive days, it shall not resume,
nor may it be replaced by another adult entertainment use, unless
said use complies with all the requirements of this section.
E.
Nothing in this chapter shall be deemed to allow any uses that
are "obscene" as that term has been interpreted from time to time
by the courts of the United States or the Commonwealth of Pennsylvania.
A.
An adult housing/care facility is a residential complex design
and operated for mature adults, of 55 years and over, that may include
one or any combination of life care facility, nursing home, or retirement
community as follows (such facilities are subject to the Fair Housing
Act, the Pennsylvania Human Relations Act, and the regulations promulgated
thereunder):
(1)
A life care facility is a form of residential use designed and
operated primarily for mature adults, of 55 years of age or over,
containing certain support facilities including a combination of a
senior center, independent living, personal care, and/or acute care.
(2)
A retirement community may provide a combination of individual
dwelling units in any combination of single-family, two-family, townhouse
or multifamily buildings and may include a community center consisting
of one or more buildings in which accessory uses may be permitted.
(3)
A nursing home is a facility providing bed care or chronic or
convalescent care for persons who, by reasons of illness, physical
infirmity or age, are unable to properly care for themselves.
B.
The tract of land on which the use is conducted shall, in its
entirety, be owned and operated under single or common management.
C.
Maximum building coverage shall be 40% and maximum lot coverage
shall be 50%.
D.
Wheelchair access to all dwelling units and community facilities,
in accordance with the Americans with Disabilities Act, shall be provided
in the design of structures, pedestrian walkways and parking lots.
Where practical and desirable, buildings shall be interconnected by
means of covered or enclosed walkways.
E.
Location, design and layout of buildings containing dwelling
units shall be so designed to ensure open space and privacy between
units.
F.
The minimum tract size shall be 30,000 square feet.
G.
A minimum building setback from the entire tract perimeter of
25 feet shall be provided.
H.
Maximum building height shall be three stories or 35 feet.
I.
The following accessory support uses shall be permitted for
this use:
(1)
Indoor and outdoor recreational facilities including auditoriums,
activity rooms, craft rooms, libraries, lounges, and similar recreational
facilities for members of the retirement community.
(2)
Dining facilities.
(3)
Office and retail service facilities designed and adequate to
serve only the members of the community, including, but not limited
to, pharmacy, gift shop, coffee shop, bank, beauty shop and barber
shop.
(4)
Accessory medical offices, nursing and convalescent facilities
limited to residents of the facility for temporary care and not operating
as the principal office of any medical practice serving the general
public.
(5)
Senior center.
(6)
Adult day-care center, in accordance with § 220-2409.
J.
Outdoor lighting shall be consistent with the requirements of
§ 220-2307 and buffering shall be consistent with the requirements
of § 220-2309.
K.
A nursing home shall have a minimum of not less than 1,000 square
feet of lot area provided per bed.
L.
A retirement community use shall have a maximum gross density
of eight units per acre.
M.
A retirement community shall follow the requirements for multifamily
dwelling, § 220-2416, in addition to the requirements of
this section; however the requirements of § 220-2416 shall
prevail when there is conflict between the requirements.
N.
A life care facility shall have a maximum density of 10 units
per acre. Long-term-care beds within this facility shall not exceed
one bed per two dwelling units.
O.
This use shall provide an outdoor sitting area which shall be
landscaped and shall not be located adjacent to parking lots, detention
basins, or collector or arterial streets unless adequate screening
is provided. Sitting areas shall not be located on slopes of over
five-percent grade.
P.
This use shall have a minimum of 10% of the land reserved for
recreational area. Maintenance of these areas shall be the responsibility
of the common management.
R.
The proposed use shall obtain all applicable state and federal
permits, licenses, and certificate of need, as applicable to the proposed
use, as well as conditional use approval, prior to the issuance of
a zoning permit.
An amusement center operated as a gainful business within a
building or structure providing automatic amusement and video games,
including pool or billiard tables or similar facilities, shall be
subject to the following regulations:
A.
An "automatic amusement game" shall include coin-operated machines,
mechanical machines, or electronic machines which operate as a game
of skill or amusement. Such games shall be in this use in any location
where three or more such games are located.
B.
No audio speakers or equipment shall be installed inside or
outside the location of such use which would cause sounds to emanate
to the exterior of the premises.
C.
All amusement centers shall have at least one attendant on duty
during operating hours.
D.
This use shall not be located within 700 feet of a school.
A bed-and-breakfast, being a residential structure occupied
by a resident innkeeper for the commercial use of the temporary lodging
of guests for compensation and providing those guests such lodging
services as maid service and accessory limited eating facilities for
the serving of breakfast and/or afternoon tea, shall be subject to
the following regulations:
A.
A bed-and-breakfast shall only be permitted in a single-family
detached dwelling which is the bona fide residence of the operator.
The appearance of the building shall not be altered as to detract
from its principal purpose as a residential structure, except for
purposes of safety in meeting Borough and state regulations.
B.
No more than two nonresidents of the bed-and-breakfast shall
be employed by the operation.
[Amended 4-19-2016 by Ord. No. 2016-7]
C.
The minimum lot size shall be that of the underlying zoning
district in which this use is located, and a bed-and-breakfast shall
be permitted by special exception.
D.
No more than three guests rooms suitable to accommodate six
guests shall be provided. No guest shall be accommodated for more
than seven consecutive nights.
E.
Breakfast and/or afternoon tea shall be the only meals provided,
and shall be provided only to guests of the bed-and-breakfast. There
shall be no separate cooking facilities in any guest room.
F.
Amenities provided by the bed-and-breakfast such as swimming
pool, porches, or decks shall be limited for the use of the residents
and guests of the facility.
G.
In addition to applicable parking requirements in Article XXV, there shall be one off-street parking space per guest room and one space for each nonresident employee. The off-street spaces shall be screened from adjacent residential properties by fencing or natural vegetation in accordance with Article XXIII.
Boarding house is a building the primary or partial use of which
is the housing of roomers, boarders, or lodgers including dormitories,
hostels, or other like uses, which shall comply with the following
standards:
A.
A maximum of six boarders shall be permitted in a boarding house.
B.
Each boarding unit shall have a minimum floor area of 200 square
feet. A maximum of two boarders may share a boarding unit.
C.
Each boarding house shall contain a common kitchen facility.
D.
A complete bathroom facility shall be provided for every two
units.
E.
An operator shall be on the premises.
[Amended 4-19-2016 by Ord. No. 2016-7]
A building being utilized as a club or social organization offering
restaurant or bar services for members, shall be subject to the following
regulations:
A.
The minimum area for a club or lodge shall be that of the underlying
zoning district.
B.
The use of the facility shall be for authorized members and
guests only.
C.
Lodging of overnight guests is prohibited in any club or lodge
building.
D.
Outdoor activity areas shall be setback a minimum of 25 feet
from any property line.
E.
Outdoor lighting shall comply with the appropriate provisions
in § 220-2307.
F.
A buffer, in accordance with § 220-2309, shall be
maintained adjacent to any residential use or district.
Cluster residential development is a development design which
allows the minimum lot area and yard requirements to be reduced so
that buildings and lots can be grouped together in a more efficient
and environmentally sensitive configuration, provided that the remaining
area is set aside and preserved as common open space. Such use shall
be subject to the following:
A.
Permitted number of lots. The number of lots permitted within
a cluster development shall be determined by dividing the number of
gross acres in the parcel by one and rounding down to the nearest
whole number. For example, on a 28.6 acre parcel, 28 lots would be
permitted.
B.
Dimensional Standards. The following dimensional standards shall
be met:
(1)
Minimum tract size: 10 acres.
(2)
Minimum lot size: 10,000 square feet.
(3)
Minimum front yard: 25 feet.
(4)
Minimum lot width: 60 feet.
(5)
Minimum side yards: Each side yard shall have a width not less
than five feet, provided that the combined total of both side yards
must be a minimum of 15 feet.
(6)
Minimum rear yard: 25 feet.
(7)
Maximum building coverage: 25%.
(8)
Maximum lot coverage: 35%.
(9)
Maximum building height: Three stories or 35 feet, whichever
is less.
C.
Development design standards. The following shall be met:
(1)
Development within a cluster development should be designed
on a traditional grid street pattern consistent with that in Olde
Towne Malvern.
(2)
Garages that have their garage doors facing the street must
be set back at least 10 feet from the front facade of the residence.
(3)
Developed portions of any cluster development should be located
in the northern portion of the district, adjacent to the existing
Olde Towne neighborhood, with the open space located south of the
developed portion.
D.
Open space design standards. The following shall be met:
(1)
A minimum of 45% of the gross tract area shall be designated
on the plan as common open space and held in a parcel or parcels separate
from the developable lots.
(2)
Common open space areas shall be restricted in perpetuity from
any further subdivision by an instrument, duly recorded in the office
of the Recorder of Deeds for Chester County, at the time the subdivision
plan for the development is recorded, which instrument shall be effective
to so restrict the common open space in perpetuity and to allow the
Borough to enforce such restrictions. The instrument shall be subject
to the Borough's prior written approval and the Borough shall be a
party to the instrument.
(3)
Except where this chapter expressly authorizes other standards,
the design standards of the zoning district shall be strictly adhered
to.
E.
Uses permitted in common open space. The following uses, and
no others, shall be permitted within designated open space areas:
(1)
Woodland preserve or wildlife sanctuary, consisting of resources
such as, but not limited to, steep slope areas, woodlands, meadows,
wetlands, streams. No more than 75% of the minimum required common
open space shall be in floodplains, wetlands, and steep slopes.
(2)
Lawn, a grass area with or without trees which may be used by
the residents for a variety of purposes and which shall be mowed regularly
to insure a neat and tidy appearance. Lawn shall not be permitted
on steep slope areas, within wetlands, or within the floodway portion
of the Flood Hazard District.
(3)
Outdoor recreation areas, either active or passive.
(4)
Stormwater management facilities or portions thereof that can
be integrated into the natural environment, such as swales, retention
ponds, and other like facilities, but not concrete or other detention
basins that are empty except after a storm event or other facilities
that are not integrated into the natural environment, at the Borough's
discretion.
(5)
Planned campus development, involving educational and/or religious
use, provided that such use shall only be permitted in structures
existing per the date of adoption of this chapter, so long as no more
than 50% of the minimum required common open space is in this use.
F.
Open space ownership standards. Common open space created pursuant
to a cluster development shall be owned, administered and maintained
by one of the following, subject to approval by Borough Council:
(1)
Fee simple dedication to the Borough. The Borough Council may
take dedicated open space lands and associated facilities. The Borough
has no obligation to accept such property, nor needs to require common
property to be dedicated as a condition for approval.
(2)
Homeowners' association. The open space areas and their facilities
may be held in common ownership by a homeowners' association. The
association shall be formed and operated in accordance with the provisions
contained herein and the provisions of the Pennsylvania Uniform Planned
Community Act,[1] if applicable.
[1]
Editor's Note: See 68 Pa.C.S.A. § 5101 et seq.
(4)
Dedication of easements. Easements within common areas along
such unique natural features as waterbodies may be offered for dedication
to the Borough for public use, or to a private conservancy. Title
to such lands remains in ownership by homeowners' association or condominium.
(5)
Lease back option. Open space may be leased back to the original
owner.
(6)
Retained ownership. The owner of the original parcel may retain
ownership of the restricted open space.
G.
Homeowners' association regulations. The documents creating
the homeowners' association shall include the following provisions
which shall be subject to Borough review and approval:
(1)
A declaration describing the formation and duties of the association,
including the responsibilities for maintenance of the common open
areas shall be defined and presented to the Borough for review.
(2)
Membership shall be mandatory for all residents of the cluster
development. Membership and voting rights shall be defined.
(3)
Rights and duties of the Borough and members of the association,
in the event of a breach of the covenants and restrictions, shall
be defined, including provisions for raising money from members to
maintain the common open space and to immediately correct safety hazards
and ordinance violations.
(4)
The declaration shall include a statement which grants to the
Borough such power, but not the duty, to maintain the common open
space and common facilities, and to assess the cost of the same, as
in municipal lien and as provided within the Pennsylvania Municipalities
Planning Code.
H.
Maintenance standards. The following shall apply:
(1)
Maintenance plan. A plan for the maintenance of the common open
space portion of the development shall be submitted by the applicant
and must meet with the Borough's approval prior to preliminary plan
approval. This maintenance plan shall specify how the open space will
be maintained and by whom, and shall include measurable standards
by which the Borough can determine whether the open space is or is
not being adequately maintained.
(2)
Failure to maintain. In the event that the organization established
to own and maintain common open space, or any successor organization,
shall, at any time after establishment of the cluster development,
fail to maintain the common open space in reasonable order the condition
in accordance with the development plan, the Borough Council may serve
written notice upon such organization, or to the residents of the
cluster development, which notice shall state:
(3)
Public hearing. At such hearing, the Borough Council may modify
the terms of the original notice concerning the deficiencies and may
give an extension of the time within which they shall be corrected.
If the deficiencies, or if the modifications thereof, shall not be
corrected within 30 days or within any extension, the Borough may
enter upon the common open space and maintain the same for a period
of one year. Said maintenance by the Borough shall not constitute
a taking of said common open space, nor vest in the public any rights
to use the same.
(4)
Burden of proof. Before the expiration of said year, the Borough
shall, upon its initiative or upon the request of the organization
responsible for the maintenance of the common open space, call a public
hearing upon notice to such organization and to the residents of the
cluster development. At the hearing, such organization or the residents
of the development shall show cause why such maintenance by the Borough
shall not continue for a succeeding year. If the Council shall determine
that such organization is ready and able to maintain said common open
space in reasonable condition, the Borough shall cease to maintain
common open space at the end of said year. If the Borough Council
shall determine that such organization is not ready and able to maintain
said common open space in a reasonable condition, the Borough may,
in its discretion, continue to maintain common open space during the
next year, succeeding year and, subject to a similar hearing and determination,
in years thereafter.
(5)
Cost of maintenance. The cost of such maintenance and enforcement
proceedings by the Borough shall be assessed ratably, in accordance
with present tax assessments against the properties within the development
which includes the common open space and shall become a lien on the
said properties. The Borough, upon entering the common open space
for the purposes of maintenance, shall file a notice for such lien
in the County Office of the Prothonotary.
Commercial facilities where daytime supervision is provided
for the care of children or adults, not related to the caregiver or
operator, and where the child or adult care area is not part of a
family residence. Commercial day-care center must be licensed or approved
to provide services as required by the Commonwealth of Pennsylvania.
Day-care centers shall be subject to the following regulations:
A.
Prior to issuing Borough approval for a permit, the applicant
shall have received all pertinent approval and licenses from appropriate
state and other agencies.
B.
Minimum indoor areas and outdoor play area requirements per
child shall meet the most current Pennsylvania Department of Public
Welfare requirements, and the applicant shall submit proof to the
Borough, prior to the Borough's issuing of permits, that these requirements
have been met. In addition, an outdoor play area shall be provided
according to the following:
(1)
The outdoor recreation area shall be located to the rear or
side of the building.
(2)
The outdoor recreation area shall be enclosed by a fence suitable
to restrict children to the play area and fencing shall be a minimum
of five feet in height.
(3)
The outdoor recreation area shall not include driveways, parking
areas, or any other area unsuited to active recreation.
(4)
The outdoor recreation shall be on the same site as the principal
structure.
(5)
Outdoor recreation areas shall be sufficiently screened as to
protect residential areas from disturbance.
(6)
Outdoor recreation areas shall be limited to daylight hours.
An establishment that, by design, physical facilities, services,
or by packaging procedures encourages or permits customers to receive
services or obtain goods while remaining in their vehicles. Such use
shall include any establishment for the sale and consumption of food
and beverages, any establishment providing banking services or other
services in which there is a drive-through window, and shall comply
with the following provisions:
A.
The use shall have direct access to either a collector or arterial
street as defined in the Borough Comprehensive Plan.
B.
There shall only be one point of ingress and one point of egress
to the collector or arterial street.
C.
The drive-through window shall not be located facing or adjacent
to a residential use or district.
D.
Drive-through service windows for restaurants must have a cartway
that has a dedicated area for conducting business, a vehicle stacking
lane which can accommodate a minimum of eight cars for those waiting
to conduct business, and an area for departing vehicles. The stacking
lane shall not be used for parking lot circulation aisles or in any
way conflict with parking or circulation. The stacking lane shall
be clearly marked to distinguish it from other traffic.
E.
Drive-through service windows for banks or other services must
have a cartway that has a dedicated area for conducting business,
a vehicle stacking lane which can accommodate a minimum of five cars
for banking and other uses for those waiting to conduct business,
and an area for departing vehicles. The stacking lane shall not be
used for parking lot circulation aisles or in any way conflict with
parking or circulation. The stacking lane shall be clearly marked
to distinguish it from other traffic.
F.
Access shall be a minimum of 40 feet from street intersections.
The distance shall be measured from the closest street line to the
closest edge of the access driveway.
G.
When this use is adjacent to or on the same lot as other commercial
establishments, it shall use a common access with the other establishments
and not have a separate entrance to the street.
H.
A sidewalk shall be provided between an existing sidewalk and
the entrance to the facility. If there is no existing sidewalk, one
shall be provided along the street frontage.
I.
Trash receptacles shall be provided outside the restaurant for
patron use, but shall not be located within 15 feet of any residential
properties.
J.
A trash or solid waste storage unit shall be provided which
is designed to be screened from the street and adjacent properties.
A funeral home is a building used for the preparation of the
deceased for burial and the display of the deceased and rituals connected
therewith before burial or cremation, and shall comply with the following:
A business or commercial activity administered or conducted
as an accessory use, which is clearly secondary to the use as a residential
dwelling. There shall be two categories of home occupations/home-based
businesses: major and minor/no-impact. For the purposes of this chapter,
the terms "minor home occupation" and "no-impact home-based business"
shall be synonymous, and likewise the terms "major home occupation"
and "major home-based business" shall be synonymous. Such uses shall
be permitted when in accordance with the following standards:
A.
Minor home occupation/no-impact home-based business. Minor home
occupations no-impact home-based business shall meet all of the following:
(1)
The business activity shall be compatible with the residential
use of the property and surrounding uses.
(2)
The use is carried on entirely by the inhabitants of the dwelling,
and shall employ no employees other than family members residing in
the dwelling.
(3)
The use does not involve any customer, client, or patient visits,
whether vehicular or pedestrian, to the dwelling.
(4)
Such use involves no pickup, delivery, or removal functions
to or from the premises in excess of those normally associated with
the residential use.
(5)
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
(6)
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs or lights.
(7)
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
(8)
The business activity may not generate any solid waste or sewage
discharge, in volume or type, which is not normally associated with
residential use in the neighborhood.
(9)
The business activity shall only be conducted within the dwelling
and shall not exceed 25% of the total floor area of the principal
residential structure.
(10)
Such business use shall not involve any illegal
activity.
(11)
Minor home occupations shall be permitted in any
dwelling type.
B.
Major home occupation/major home-based business. A home occupation that does not meet one or more of the criteria listed under Subsection A, above, shall be defined as a major home occupation/major home-based business, a home occupation which requires additional regulations because of its greater potential impact on the area in which it is located. Major home occupations shall only be allowed in single-family detached dwellings, with one major home occupation per single-family detached dwelling. Major home occupations shall be permitted only by special exception in those zoning districts where major home occupations are permitted and when other applicable criteria of this section and chapter can be met.
C.
Prohibited home occupations. The following uses, but not limited
to these uses, shall not be permitted as home occupations under any
conditions:
(1)
Home occupations which cannot meet any of the criteria of Subsection A above for a minor home occupation.
(2)
The following uses are prohibited as home occupations and shall
be classified as commercial uses:
(a)
Animal shelter, commercial kennel or veterinary
office.
(b)
Rooming or boarding home.
(c)
Bed-and-breakfast.
(d)
Funeral home.
(e)
Restaurant.
(f)
Outdoor cafe.
(g)
Club or lodge.
(h)
Medical or dental clinic (two or more doctors or
dentists).
(i)
Retail shop.
(j)
Convalescent home or nursing home.
(k)
Rental business.
(l)
Furniture stripping.
(m)
Auto or small engine repair.
(n)
Painting of vehicles, trailers, or boats.
(o)
Manufacturing, repairing or other mechanical work performed in connection with the home occupation shall not be performed in any outdoor area unless it is fenced or screened in accordance with Article XXIII.
(p)
Private school with organized classes.
(q)
Welding shop.
(r)
Other uses of similar character to those listed
above.
D.
Determination. The Zoning Officer shall determine whether a
proposed home occupation falls under the category of minor, major,
or prohibited. The applicant shall be responsible for supplying such
information as deemed necessary by the Zoning Officer to make this
determination. Major home occupations shall be required to obtain
and renew a home occupation permit on an annual basis. The following
procedure for approval and permitting shall apply:
(1)
Upon determining that the proposed use is a minor home occupation
and is in conformance with the requirements of this chapter, the Zoning
Officer shall issue a home occupation permit.
(2)
Where the Zoning Officer determines that the proposed use is a major home occupation, the use shall require review and approval by the Zoning Hearing Board in accordance with the provisions of Article XXVIII, regarding the granting of special exceptions, and the criteria of this section. The Zoning Hearing Board may attach such reasonable conditions and safeguards as it deems necessary to implement the purposes of this chapter. Following approval, the Zoning Officer shall issue a home occupation permit.
(3)
A home occupation permit shall not be transferable to another
property or to another type of home occupation. The permit issued
shall only be valid for the use and on the property for which it was
originally issued. In the event that a property with an existing home
occupation is sold, leased, or rented to someone other than the original
permit holder, the new owner, leasee or renter shall be required to
obtain a home occupation permit, demonstrating full compliance with
the requirements of this chapter and any other applicable regulations.
E.
General standards applicable to home occupations. The following
standards shall apply to all home occupations, whether major or minor:
(1)
No more than one major home occupation or two minor home occupations
shall be permitted per lot.
(2)
The practice of a home occupation shall be carried on entirely
within the dwelling which is the bona fide residence and under ownership
of the principal practitioner and/or an accessory building, used also
as a residential garage and located on the same lot as the dwelling.
(3)
All applicants for a home occupation shall be required to obtain
a permit from the Borough in accordance with the requirements of § 220-2412D,
above, within 30 days prior to beginning operation of the use.
(4)
There shall be no change in the outward appearance of the dwelling,
any accessory building and/or the lot so as to suggest that any use
other than the principal residential dwelling use is conducted there
by the use of signs, advertising, materials, show windows, or special
lighting or to create building spaces or improvements not useful for
normal residential purposes. No public display of any goods and/or
product, information and/or advertising concerning any goods and/or
product shall be allowed.
(5)
The home occupation shall not cause noise, odor, dust and/or
electrical interference and/or have any sensory impact, different
from normal residential use, which a person may perceive on any other
property.
(6)
There shall be no storage or use upon the premises of toxic,
explosive, polluting, dangerous, or other substances defined as "hazardous"
by the Pennsylvania Department of Environmental Protection.
(7)
With the exception of family day-care home, below, no home occupation
activity shall be conducted between the hours of 8:00 p.m. prevailing
time and 7:00 a.m. prevailing time which involves individuals to enter
or leave the premises or which requires mechanical operations.
(8)
Such use involves no pickup, delivery, or removal functions
to or from the premises in excess of those normally associated with
the residential use. Any deliveries from major commercial suppliers
which may be disruptive to the neighborhood in which the use is located
shall not be made between the hours of 8:00 p.m. prevailing time and
8:00 a.m. prevailing time.
(9)
Storage or material or products in outdoor areas shall be screened
in accordance with § 220-2309.
(11)
All commercial vehicles shall be parked on the
same lot as the home occupation, and only one commercial vehicle may
be parked outside of a garage, enclosed structure, or screened parking
space.
F.
Standards applicable to major home occupations. In addition
to other applicable criteria of this chapter, the following standards
shall apply to major home occupations:
(1)
Major home occupations shall be permitted only in single-family
detached structures or an accessory structure to a single-family detached
dwelling.
(2)
The total area used for a major home occupation shall not exceed
35% of the floor area of the principal residential structure.
(3)
No more than one person, other than residents of the dwelling,
may be employed or subcontracted at the major home occupation. Use
of nonresident employees must have prior approval from the Zoning
Hearing Board.
(4)
No more than two clients at any one given time are allowed to
be visiting the premises to conduct business on the premises related
to the major home occupation.
(5)
No articles shall be sold or offered for sale on-site, except
those produced on the premises. Such sales must have prior approval
by the Zoning Hearing Board.
(6)
Where employees or customer visits are anticipated, off-street parking shall be provided in sufficient capacity to prevent interference with normal residential parking in the neighborhood. Off-street parking, inclusive of required residential parking, shall be in accordance with Article XXV, in addition to two additional parking spaces required for a major home occupation.
(7)
Beauty parlors and barber shops may be permitted as a major
home occupation provided that no more than two stylist or barber chairs
are provided and all other provisions of this chapter are met.
(8)
Instructional services may be permitted as a major home occupation
provided that a maximum of two students may be instructed at any one
time, and no more than two trips per hour.
(9)
Family day-care home. Family day-care home is a major home occupation
in which a private residence is used for the care and supervision
of between three and six children or adults, not related to the caregiver.
A family day-care home must be registered with the Pennsylvania Department
of Public Welfare. When in compliance with the provisions outlined
below and all other applicable requirements, family day-care home
shall be permitted as a major home occupation:
(a)
Prior to final Borough approval of this use and
the issuing of a permit by the Zoning Officer, the applicant shall
demonstrate receipt and holding of all pertinent approvals and registration
certificates from appropriate state or county agencies, and shall
provide evidence that all criteria set by the Zoning Hearing Board
have been met. These shall be conditions of Borough permit approval.
(b)
A family day-care home use shall only be permitted
in a single-family detached dwelling.
(c)
There shall be no alterations to exterior facades
of residential structures to accommodate family day-care home facilities
in a residential district, except for safety purposes which shall
be confined to rear or side walls not visible from any public right-of-way.
(d)
For a family day-care home intended for children,
a minimum outdoor play area meeting the most current Pennsylvania
Department of Welfare regulations shall be provided for each child.
The outdoor play area shall be located to the side or rear of the
property. Setbacks for this play area shall meet the side and rear
setback requirements for the applicable district.
(e)
The outdoor play area shall be enclosed by a suitable
fence with a minimum height of five feet or other barrier suitable
to prevent children from crossing. This requirement shall also apply
to adult family day-care home where outdoor sitting areas are provided
for the use of clients.
(f)
In addition to the off-street parking required
for a single-family home, at least one additional space is required
for each nonresident employee. There shall be sufficient area on the
lot or available parking on the street abutting the lot to accommodate
the pick-up and drop-off of children without interference with local
traffic.
An institutional home is a dwelling providing nontransient special
care lodging for a minimum for seven and a maximum of 15 persons,
and not more than four resident supervisors, in which some or all
of the occupants are unrelated. The Borough Council shall grant conditional
use approval for a proposed institutional home only if it complies
with all of the following conditions:
A.
The number of residents requiring special care shall be a minimum
of seven and a maximum of 15, and there shall be a maximum of four
resident supervisors.
B.
The resident supervisors shall provide twenty-four-hour supervision,
and shall be qualified by training and experience in the field for
which the home is intended.
C.
The use shall be licensed under the applicable state program
for which the home is intended.
D.
Any medical or counseling services provided on the premises
shall be limited to providing such services for the residents of the
home only.
A.
Microwave dish, radio or television antennae. Such antennae
shall be considered a permissible accessory use, subject to the following
standards:
(1)
Radio or television antennae. Radio or television antennae is
a device primarily an arrangement of wire or metal rods, freestanding,
attached to a building or attached to a support structure, used for
receiving frequency signals, including television and radio antennae,
and not used for commercial broadcasting or communication purposes.
Such devices shall include amateur radio service band radio antennae
used by Federal Communications Commission (FCC) licensed amateur radio
service operators. Radio or television antennae shall be subject to
the following:
(a)
General provisions.
[1]
Where applicable, structures shall comply to FCC
regulations and the Borough Building Code.
[2]
Permitting. It shall be unlawful for any person
to install, construct, or increase the height of any antennae support
structure without first obtaining a building permit, except no permit
shall be required if the height of the antennae support structure
(excluding the height of any building to which it is attached) is
15 feet or less.
[3]
Applications for a building permit shall be made
upon such forms prescribed by the Borough and shall have attached
the following items in addition to any other items as required by
the Borough:
[a]
A location site plan, drawn to scale, showing any
existing structures and indicting the location of the proposed antennae
support structure and any required guy wiring and/or braces.
[b]
Manufacturer's drawings and specifications for
the antennae support structure including written manufacturer's and/or
licensed professional structural engineer certification that the structure
and prescribed footings, and guy wiring and braces, if required, have
been designed in compliance with the minimum applicable design load
and wind load requirements.
[c]
A permit fee as required by the Borough fee schedule.
[4]
No antennae shall protrude in any manner upon the
adjoining property without the written permission of the adjoining
property owner, and no antennae shall protrude upon the public right-of-way.
[5]
The structure shall meet all yard requirements
of the zoning district in which it is located; however, no freestanding
antennae support, including antennae(s), shall exceed a height of
35 feet, except that such height may be increased provided that for
every foot of height in excess of 35 feet there shall be added to
each yard requirement for the structure one corresponding foot of
width and depth. Freestanding support structures may be erected only
in a rear or side yard.
[6]
Any antennae support structure which has not been
in service for more than six months shall be removed.
(b)
Television antennae.
[1]
The maximum height of an antennae support structure
and antennae(s) shall not exceed the peak of the roof of the principal
building by more than 15 feet, or if freestanding, a height of 50
feet above ground level.
[2]
No more than one television antennae and support
structure shall be permitted per lot.
(c)
Amateur radio antennae.
[1]
The installation and use of amateur radio service
antennae(s) within the Borough shall be limited to FCC licensed amateur
radio operators.
[2]
No antennae support structure(s) and antennas shall
exceed a height of 35 feet except that such height may be increased
to a maximum height of 65 feet for amateur radio antennae installations
provided that for every foot of height in excess of 35 feet there
shall be added to each yard requirement for the structure one corresponding
foot of width and depth.
(2)
Microwave dish antennae. Microwave dish antennas are parabolic
earth-based reflectors, together with a pedestal and any other attachment
and parts thereof, commonly referred to as a dish antennae, used or
intended to receive microwaves, radio or electromagnetic waves from
an overhead satellite, and shall be subject to the following requirements:
(a)
General regulations. Microwave dish antennas in
all districts shall be subject to the following additional general
regulations:
[1]
All microwave dish antennae shall remain accessory
to the principal use of the lot on which it is located.
[2]
No microwave antennae may be erected in any district
or any location within a district which does not meet regulations
of the Federal Communications Commission (FCC) or other regulatory
agency having jurisdiction.
[3]
Microwave antennas shall be properly anchored and
installed to resist a minimum wind load of 30 pounds per square foot
of projected horizontal area. Supports, anchors and foundations shall
take into account overturning movements and forces created by wind
loading. The safety factor against overturning or sliding for wind
forces on microwave antennas shall be 2.0.
(b)
All residential districts. Microwave antennas in
residential districts shall be subject to the following:
[1]
The diameter of the microwave antennae shall not
exceed four feet.
[2]
When freestanding (not roof-mounted), the following
shall apply:
[a]
The total height of the microwave antennae from the antennae base shall not exceed six feet, unless approved as a special exception by the Zoning Hearing Board in accordance with Article XXVIII and § 220-2414A(2)(c), below.
[b]
Such an arrangement should be screened, to the
greatest extent feasible, with staggered plantings or fencing to the
extent that such screening does not substantially interfere with reception.
[c]
Supporting material shall comply with the Borough
Building Code.
[d]
The microwave antennae should, if possible, be
located only in the side or rear yard and not closer than 10 feet
to any property line.
[3]
When roof- or wall-mounted, mounting materials
and methods shall comply with the Borough Building Code.
[4]
Permit requirements. Before erection or installation
of any microwave dish antennae in a residential district, a permit
application shall be made to the Borough and a permit issued and an
appropriate fee, as established by the Borough Council, shall be paid.
The application process shall be in conformity with this section and
all applications shall be accompanied by plans in duplicate and to
scale, showing:
[a]
The dimensions of the lot and location of the buildings
thereon.
[b]
Details of all microwave antennae anchors, supports
and foundations, and the exact proposed location thereon on the lot.
[c]
When microwave antennas are attached to an existing
structure, provide details of how microwave antennae loads will be
distributed to the existing structure.
(c)
All commercial, institutional, and industrial districts.
Microwave antennas shall be subject to the following regulations:
[1]
Microwave dish antennas up to four feet in diameter
may be installed, subject to those specific regulations set forth
for residential uses, as established above.
[2]
Microwave dish antennas exceeding four feet in
diameter, but not more than nine feet in diameter, shall be permitted,
subject to the following restrictions:
[a]
The total height of the microwave dish antennae
from its base shall not exceed 12 feet.
[b]
The microwave dish antennae shall be located not
less than 25 feet from any property line.
[c]
Screening shall be provided to the greatest extent
feasible, with staggered plantings or fencing to the extent that such
screening does not substantially interfere with reception.
[3]
Permit requirements. A permit shall be required
prior to the erection or installation of any microwave dish antennae
in any commercial, institutional, or industrial district. The application
process shall be in conformity with this section and all applications
shall be accompanied by plans in duplicate and to scale, showing:
[a]
The dimensions of the lot and location of the buildings
thereon.
[b]
Details of all microwave antennae anchors, supports
and foundations, and the exact proposed location thereon on the lot.
[c]
Design wind load on each anchor and allowable wind
load on each anchor.
[d]
Forces on foundation, including live load and dead
load.
[e]
Allowable soil bearing pressure and actual soil
bearing pressure.
[f]
Strength and allowable stresses of cables, rods
or braces. Actual force and allowable force for each cable, rod or
brace.
[g]
When microwave antennas are attached to an existing
structure, provide details of how microwave antennae loads will be
distributed to the existing structure.
B.
Commercial communications antenna and facilities. Such facility
is a structure that includes a transmitting, receiving, or relay tower
and support structures and accessory buildings that is licensed by
the Federal Communications Commission (FCC) for the specified purpose
of television, radio, or telephone communication beyond that which
would be used for normal personal or residential use. Such uses shall
include cellular, wireless, television, radio, or microwave tower.
The following regulations shall apply to all commercial communication
antennas and wireless communications facilities constructed in the
Borough.
[Amended 5-19-2015 by Ord. No. 2015-2]
(1)
Purposes. The purpose of these regulations shall be as follows:
(a)
Accommodate the need for commercial communications
antennas and facilities while regulating their location and number
in the Borough.
(b)
Encourage the joint use or co-location of any new
antenna support structures in order to reduce the number of such structures
needed in the future.
(c)
Minimize adverse visual effects of commercial communications
antennas and facilities, and antenna support structures through proper
design, siting, and vegetative screening.
(d)
Avoid potential damage to adjacent properties from
antenna support structure failure and falling ice, through proper
structural engineering and proper site location of antenna support
structures.
(e)
Provide funds for the borough to regulate and/or
maintain location sites as may be necessary.
(2)
Standards for the location of such commercial communications
antennas and associated uses. All commercial communication antennas
and facilities shall meet the following locational requirements:
(a)
Any antenna that is attached to an existing communications tower, smoke stack, water tower, or other tall structure, is permitted in commercial, institutional and industrial zoning districts and shall not exceed the height of the existing structure; otherwise Subsection B(2)(b), below, shall apply. If the antenna is to be mounted on an existing structure and does not exceed the height of the existing structure, a full site plan shall not be required.
(b)
Except within the I-3 District, where freestanding
commercial communications antennas and facilities of up to 150 feet
in height shall be permitted by right, a commercial communications
site or wireless communications facility with antennas that is not
mounted on an existing structure, regardless of height, requires approval
as a conditional use in accordance with § 220-2910, shall
meet the requirements of this section, and shall be permitted only
in the LI Industrial District.
(3)
Standards for approval applicable to all commercial communication
antennas. All commercial communication antennas and wireless communications
facilities shall meet the following requirements:
(a)
Height. The applicant shall demonstrate that the
antenna or other structure or equipment is the minimum height required
to function satisfactorily, unless it can be demonstrated that the
purpose of increased height beyond the minimum necessary is to allow
for future co-location of facilities on said antenna or equipment,
which in no case shall exceed 200 feet for antennas not mounted to
an existing structure. Height shall be the vertical distance measured
from the base pad of the antenna to the highest point of the support
structure or antenna, whichever is higher. If the support structure
is on sloped grade, the lowest grade shall be used in the calculation.
(b)
Setbacks. If a new antenna or structure is to be constructed, the minimum distance between the base of the support structure or any guy wire anchors and any property line shall be equal to or greater than the antenna height, as defined in Subsection B(3)(a), above. However, the setback required can be modified by the Borough Council if Council determines that a lesser setback will reduce the commercial communication antenna's visual impact or is necessary to fulfill a need of an emergency services provider, and if safety issues are satisfied.
(c)
Structure safety. The applicant shall demonstrate
that the proposed antenna and support structure are safe, designed
and built in accordance with the Borough Building Code, Federal Aviation
Administration (FAA) and FCC regulations, and other applicable codes
and standards, and that the surrounding areas will not be negatively
affected by support structure failure, falling ice or other debris,
electromagnetic fields, or radio frequency interference. All support
structures shall be fitted with anticlimbing devices, as approved
by the manufacturer of the support structure and Borough Engineer.
The owner or operator of the commercial communication antenna and
facility shall submit to the Borough an annual inspection report regarding
the structural safety of the commercial communications support structure
and facility.
(d)
Fencing. A fence shall be required around the antenna
support structure and other equipment, unless the antenna is mounted
on an existing structure. The fence shall be eight feet in height.
(e)
Landscaping. Landscaping shall be required to screen
as much of the support structure, fence, equipment, and other ground
level features as possible. A combination of existing vegetation,
topography, walls, decorative fences, or other features may be permitted
if they achieve the same degree of screening as required below. If
the antenna is mounted on an existing structure, such landscaping
shall not be required.
(f)
Joint use/co-location. To reduce the number of
antenna support structures needed in the community in the future,
antennas and other wireless communication equipment shall co-locate
and the proposed support structure shall be required to accommodate
other users, including other commercial communication companies, and
local police, fire, and ambulance companies, unless there are mechanical,
structural or other factors preventing the joint use/co-location of
facilities.
(g)
Licensing. The commercial communications company
must provide evidence to the Borough that it is licensed by the FCC.
(h)
Electromagnetic emission. The commercial communications
company shall comply with FCC regulations and requirements promulgated
by the FCC for safe human exposure to radio frequency electromagnetic
fields, and shall provide copies to the Borough of the latest FCC
information regarding emission standards and shall also submit information
on the power intensity of the facility annually demonstrating compliance
with current FCC standards. Once installed, any increase in power
or output of the facility shall be reported immediately to the Borough.
(i)
Parking. If the commercial communications site
is fully automated, adequate parking shall be required for maintenance
workers. If the site is not automated, the number of parking spaces
shall equal the number of people on the largest shift.
(j)
Design. Commercial communication antennas mounted
on an existing structure shall be designed and maintained, to the
greatest extent feasible, to blend with the existing structure. Commercial
communication support structures shall, to the greatest extent feasible,
blend with the existing surroundings, and support structures shall
be painted or have a galvanized finish to reduce visual impact. Painting
of support structures shall meet all FAA regulations.
(k)
Lighting. No antenna support structure shall be
artificially lighted except as required by the FAA. Such lights shall
be shielded so as to reduce intrusion upon nearby properties.
(l)
Interference. The applicants shall provide to the
satisfaction of the Borough proof of evidence from a qualified licensed
professional engineer in the State of Pennsylvania that the placement
of the commercial communications antenna and facility will not interfere
with public safety nor the usual and customary transmission or reception
of radio, television, or other communication services for adjacent
residential and nonresidential properties.
(m)
Site plan. Site plan requirements are as follows:
[1]
A site plan conforming to the requirements of the
Borough Subdivision and Land Development Ordinance[1] shall be required for all commercial communication sites
proposing a new structure, equipment, or antenna higher than the existing
structure on which it is mounted. The site plan shall show the antenna,
antenna support structure and specifications, equipment facility,
building, fencing, buffering, grounding, adjacent uses within 200
feet of the site, description and illustration of the design of the
commercial communication antenna and facility in order for the Borough
to assess visual impact, and all other items required by the Subdivision
and Land Development Ordinance, and shall meet all other applicable
requirements of this chapter for the district in which it is located.
Additionally, a report prepared by a qualified licensed professional
engineer in the Commonwealth of Pennsylvania shall certify as to the
proper design of the foundation and support structure in accordance
with all applicable requirements.
[2]
The site plan shall not be required if the antenna
or equipment is to be mounted on an existing structure and not higher
than the existing structure. In such cases, information necessary
for the applicable zoning permit and building permit shall be provided
as well as a report prepared by a qualified licensed professional
engineer in the Commonwealth of Pennsylvania which shall certify as
to the proper design of the foundation and support structure in accordance
with all applicable requirements.
(n)
Location. Notwithstanding § 220-2414B(2)(b),
any applicant that receives a certificate of public convenience or
other permit from the Pennsylvania Public Utility Commission, purporting
to permit the location of a wireless communications facility within
a public right-of-way, shall nonetheless be required to procure a
conditional use permit for location in the permissible districts and
to demonstrate the standards for approval delineated in this section.
(o)
Fee. There shall be an annual fee for wireless
communications facilities located in the public right-of-way. The
fee shall be set by the Borough Council, and shall be subject periodically
to change. This location fee shall be separate and distinct from the
fee provided for in § 220-2414B(7).
(4)
Standards for commercial communication antennas and wireless
communications facilities requiring conditional use approval. In addition
to the requirements of § 220-2910 and § 220-2414B(3)
above, the following standards shall be met when a commercial communications
antenna requires approval as a conditional use:
(a)
The commercial communications company is required
to demonstrate, using technological evidence, that the antenna must
be located where it is proposed in order to satisfy its function in
the company's grid system.
(b)
If the commercial communications company proposes
to build a tower, as opposed to mounting the antenna on an existing
structure, it is required to demonstrate that it contacted the owners
of tall structures within a one-quarter-mile radius of the site proposed,
requesting permission to install the antenna on those structures,
offered market compensation to such owners, and was denied permission
for reasons other than economic ones. Tall structures shall include,
but are not limited to, smoke stacks, water towers, tall buildings,
and antenna support structures of other communications towers (fire,
police, etc.). The Borough may deny the application to construct a
new tower if the applicant has not made a good faith effort to mount
the antenna on an existing structure.
(c)
If conditional use is granted, it shall be subject
to the condition that the use of the commercial communication antenna
support structure shall be made available to other users as per § 220-2414B(3)(f),
above.
(5)
Installation and maintenance. Commercial communications antennas
and facility owners shall employ ordinary and reasonable care in the
installation and maintenance of such facilities. They shall maintain
no less than the best available technology for preventing failures
and accidents which are likely to cause damage, injury or nuisance
to the public.
(6)
Removal of commercial communication antennae and facility. The
commercial communication antennae/facility owner is required to notify
the Borough immediately upon cessation and abandonment of the operation.
Commercial communication antennae that are no longer licensed and
active commercial transmitting facilities shall be removed at the
owner's expense within 60 days of the last date that the facility
was licensed by the FCC. At the time of issuance of the permit for
construction of the commercial communication antennae/facility, a
bond or escrow account shall be posted with the Borough in an amount
sufficient to ensure the expense of the dismantling and removal of
said structure.
(7)
Fees. Subject to any limitations imposed by Pennsylvania or
United States laws applicable to the applicant's proposed use, an
applicant seeking the approval of a commercial communication antennae
and facility shall establish an escrow account with the Borough from
which the Borough will make payment of fees and charges for consultants
it deems necessary for the processing and reasonable expenses related
to the application.
(8)
Exemptions. Any applicant claiming an exemption from municipal
zoning or land development review pursuant to applicable Pennsylvania
or United States laws relating to wireless or telecommunications equipment
shall provide notice of such exemption, together with sufficient information
to prove such exemption, including reference(s) to the specific exemption(s)
claimed. Should the Borough choose to publish a form to collect such
information regarding claimed exemption from the zoning provisions
of this Code, land use provisions of this Code, or both, all applicants
claiming an exemption shall use the form as published in order to
facilitate an orderly and timely review.
The following design standards shall govern the creation of
a mobile home park, being a parcel of land under a single and separate
ownership which has been planned and improved for the placement of
mobile homes for nontransient uses, consisting of two or more mobile
home lots:
A.
Minimum tract size. A mobile home park shall have a contiguous
area of not less than three acres.
D.
Open space. A minimum of 15% of the gross tract area shall be
in open space for the use and enjoyment of the residents of the mobile
home park. The following standards shall apply to the open space:
(1)
The open space shall not be located within or be included in
calculating the buffer area required, or setback areas, but shall
be included in calculating the maximum density permitted.
(2)
Open space shall be substantially free of structures, except
those designed for recreational purposes or the preservation of historic
structures, and shall be usable.
(3)
Open space shall be located and designed so as to be easily
accessible by residents of the mobile home park and to preserve natural
features.
(4)
Open space shall have a minimum of 10% of its total area suitable
for active recreational use. Active recreation areas shall be free
of obstructions, including watercourses, floodplains, steep slopes,
and wetlands. Such areas shall be no less than 1/4 acre in size and
no less than 75 feet in width measured in any horizontal direction.
(5)
Such areas shall be setback a minimum of 10 feet from residential
uses.
(6)
When an area is designed for active recreation and abuts an
arterial or collector street, it shall be fenced, provided with an
earthen berm, or combination thereof, that physically separates it
from the street.
(7)
Shall be operated and maintained in accordance with the provisions
under this section.
E.
Buffer. There shall be a minimum buffer area of 20 feet around
the perimeter of the tract to be used as a mobile home park. No mobile
home, accessory building or structure shall be located within the
buffer area.
F.
Sidewalks. Sidewalks shall be provided to connect dwellings
with parking areas, recreational/open areas, and refuse facilities.
G.
Parking. Off-street parking shall be provided in conformity with Article XXV. On-street parking shall be permitted on the internal mobile home park roads.
H.
Public sewage and water. Public water service and public sanitary
sewer systems service shall be provided for each mobile home. Confirmation
of service availability shall be a condition of plan approval.
I.
Mobile home pad and skirting.
(1)
Every mobile home shall be placed on a concrete pad at least
six inches in thickness, with at least six tie-downs provided, either:
(2)
Every mobile home shall have solid, all-weather skirting enclosing
the area between the ground and the mobile home floor so that it shall
prevent that area from forming a harborage for rodents, avoid the
creation of a fire hazard and to prevent unsightly conditions.
J.
Maintenance of facilities. The operator and owner of the mobile
home park shall be responsible for maintaining all common facilities,
including but not limited to roads, parking areas, sidewalks or pathways,
common open space, water supply and sewage disposal systems and service
buildings, in a condition of proper repair, maintenance and cleanliness,
in compliance with the applicable Borough ordinance, code and regulations.
If, upon inspection by the Zoning Officer or other representative,
it is determined that the mobile home park is not in compliance with
this standard of maintenance, the owner and operator shall be considered
to be in violation of this chapter and the Zoning Officer shall notify
the operator or licensee of the particulars of any such violation.
K.
Mobile home park management. Every mobile home park shall include
an office for the person in charge of such park. A copy of the operating
permit, along with the register, shall at all times be open for inspection
by any Borough officials. The register shall include, but not be limited
to the following information:
A multifamily dwelling is a building containing three or more
dwelling units, each with independent kitchen, bathroom and bedroom
facilities, which may have independent outside access, including,
but not limited to triplexes, quadraplexes, townhouses, and apartments.
Multifamily dwellings shall be permitted in accordance with the following:
A.
The area and bulk regulations under the applicable zoning district
shall apply.
B.
Multifamily developments consisting of multiple buildings shall
adhere to the following regulations:
(1)
The maximum length of a multifamily building shall be 175 feet.
(2)
Multifamily buildings are encouraged to be located in clusters
which create common open areas, rather than situated parallel to one
another. Where clustering is not feasible due to site conditions,
there shall be no more than three abutting buildings parallel to each
other within the development.
(3)
Staggered setback of dwelling units and a variation in facade
design shall be encouraged to offer visual variety, individualism,
and some private yard area. It is recommended that no more than two
contiguous units shall have the same facade setback within a building.
Changes in setbacks shall be a minimum of four feet.
(4)
Buildings within the development shall be designed to provide
individual dwelling units with views and direct access to required
open areas.
(5)
Dwelling units shall be set back a minimum of 15 feet from common
parking areas and shall be set back a minimum of 25 feet from common
refuse areas.
(6)
Dwelling units must be setback a minimum of 25 feet from the
tract boundary.
(7)
Sidewalks shall be provided to connect dwellings with parking
areas, recreational/open areas, and refuse facilities. Sidewalks should
adhere to Olde Towne design guidelines, as outlined in the Borough
Subdivision and Land Development Ordinance.[1]
(9)
Outdoor lighting shall be in accordance with § 220-2307.
(10)
Buffering shall be in accordance with § 220-2309,
in addition to which all areas not covered by impervious surfaces
shall be landscaped and maintained with suitable ground cover and
plants. Existing vegetation is encouraged to be maintained for landscaping
purposes.
(11)
Required parking shall adhere to those standards set forth in Article XXV. Parking areas shall be adequately landscaped to provide shade, to screen vehicles from public streets, and to reduce glare and noise within the development. Parking lots shall be setback a minimum of 25 feet from any right-of-way and shall be screened with landscaping. Landscaping shall be provided around the perimeter of all parking areas, except for access points and walkways.
(12)
All multifamily developments shall have a minimum
of 15% of the land reserved for recreational areas. Recreation areas
shall be free of obstructions, including watercourses, floodplains,
steep slopes, and wetlands. Such an area shall be contiguous, and
shall be setback a minimum of 10 feet from any residential uses or
residential accessory uses, and shall be a minimum of 50 feet in width.
Maintenance of this area shall be the responsibility of the landowners',
homeowners', or condominium owners' association. This area shall not
be located within or be included in calculating the required buffer
area or setback areas, but shall be included in calculating the maximum
density permitted. This area shall be substantially free of structures,
except those designed for recreational purposes or the preservation
of historic structures, and shall be usable. This area shall be located
and designed so as to be easily accessible by residents of the multifamily
dwelling development. When an area is designed for active recreation
and abuts an arterial street, it shall be fenced, provided with an
earthen berm, or combination thereof, that physically separates it
from the street. Failure to maintain any recreational areas shall
constitute a violation of this chapter and shall be actionable by
the Borough.
(14)
Separate storage facilities for trash and for
recyclable materials shall be provided in accordance with § 220-2424.
[Added 8-21-2007 by Ord.
No. 2007-4]
A multishop retail is a shopping center containing two or more
retail uses located in one building or on a single lot and preplanned
and designed as a complex of related structures and circulation patterns,
and shall be in accordance with the following:
A.
The area and bulk regulations for multishop retail under the
applicable zoning districts shall apply.
B.
Primary access shall be from a collector or arterial street
as defined in the Borough Comprehensive Plan.
D.
Multishop retail uses including parking and service areas shall
be fully screened from all adjacent residential uses and districts
in accordance with § 220-2309.
E.
Outdoor storage shall comply with standards set forth in § 220-2310.
F.
Outdoor lighting shall comply with standards set forth in § 220-2307.
G.
Establishments furnishing shopping carts shall provide defined
areas on the site for the storage of such carts which shall be clearly
marked and designed for such use.
H.
Trash receptacles for patron use shall be provided outside of
any establishment with take-out service or convenience shopping.
I.
Sidewalks shall be provided along all street frontage and pedestrian
access to sidewalks on or adjacent to the property.
J.
Separate storage facilities for trash and for recyclable materials
shall be provided in accordance with § 220-2424.
[Added 8-21-2007 by Ord.
No. 2007-4]
[Amended 4-21-2009 by Ord. No. 2009-3; 11-16-2021 by Ord. No. 2021-9]
An outdoor cafe is an outdoor area, such as a patio, deck, porch,
or similar structure, of an associated restaurant, tavern, bakery,
ice cream shop, or other similar food service establishment used for
furnishing food and beverages to be consumed on the premises in an
identified dining area outside of the principal building. Outdoor
cafes shall adhere to the following:
A.
Prior to establishing an outdoor cafe, an applicant shall first
apply for and secure a zoning permit, if the outdoor cafe is entirely
on private property, or a conditional use, if the outdoor cafe is
wholly or partially within the public right-of-way.
(1)
In addition to generally applicable requirements relating to
zoning permits and conditional uses, an applicant shall submit the
following information in writing to the Zoning Officer and/or to the
Borough Council as an attachment to the zoning application, conditional
use application, as appropriate:
(a)
Written consent of the property owner, if other
than the applicant.
(b)
Plan specifying the location of the outdoor cafe,
including a calculation of proposed number of occupants, seating capacity,
location of rights-of-way, parking spaces, utility installations,
curb cuts, sign posts, trees, planters or other existing features
in close proximity to the proposed cafe.
(c)
Indoor seating capacity.
(d)
Hours of operation.
(e)
Calculation of satisfactory parking to serve the
use.
(f)
Statement of indemnity as per § 220-2418A(3),
below.
(g)
Information sufficient to demonstrate compliance
with § 220-2418B through H, below.
(2)
No action shall be taken on any application for a permit under
this section until the application has been completed fully and the
application fee, as required by the schedule of fees established and
amended by resolution of the Borough Council, is paid in full.
(3)
The applicant shall indemnify and keep harmless the Borough,
its officers, employees and agents from and against any and all actions,
suits, demands, payments, costs, and charges for and by reason of
the existence of an outdoor cafe, and all damages to persons or property
resulting from or caused by the presence, location, use, operation,
installation, maintenance, replacement or removal of such use, or
by the acts or omission of the employees or agents of the applicant
for such use.
B.
Outdoor cafe uses abutting or adjacent to residential districts
shall stop serving customers on or before 9:00 p.m., prevailing time,
on Sunday through Thursday and clear all tables of food, beverages
and customers on or before 10:00 p.m. On Friday and Saturday, customer
service shall stop at 10:00 p.m., prevailing time, and all tables
shall be cleared of food, beverages and customers on or before 11:00
p.m.
C.
Except as permitted by the Borough Council pursuant to conditional
use approval, the cafe shall not be located on or extend onto a public
sidewalk where the width of said sidewalk is less than 10 feet.
D.
The outdoor cafe shall be located abutting the building in which
the restaurant, tavern, bakery, ice cream shop or other similar food
service establishment is located, except as permitted by the Borough
Council pursuant to conditional use approval.
E.
The outdoor cafe shall be separated from parking areas or traffic
flow areas by fencing, screening or buffering. However, in any location
where the outdoor cafe is not separated from the flow of traffic or
parking areas, no table shall be located within six feet of the curb
or the boundary of that area, whichever is closer.
F.
There shall be no live musical performances within the outdoor
cafe area.
G.
The applicant shall maintain and operate the outdoor cafe in
accordance with all Borough ordinances and state and federal laws,
as well as rules and regulations promulgated and adopted by the Borough
which pertain to the outdoor cafe. The Borough may require the applicant
to provide, from time to time, copies of permits, licenses or certifications
from entities having jurisdiction, such as, but not limited to, the
Pennsylvania Liquor Control Board or the Chester County Health Department,
in order to confirm compliance with this section.
H.
Removal.
(1)
The applicant shall remove the outdoor cafe within 30 days after
written notice if the Borough Zoning Officer determines that the use
is detrimental to the health, safety or general welfare of the public
as follows:
(a)
The outdoor cafe is no longer being used as such.
This section shall not apply if the use is temporarily suspended due
to weather or casualty, provided that the cafe area, furniture and
fixtures are secured.
(b)
The use has been temporarily or permanently closed
for violation of any applicable Borough, state, or federal law and/or
regulation.
(c)
The use is operated in violation of any ordinance
or regulations of Malvern Borough.
(2)
In the event that the applicant for an outdoor cafe wholly or
partially within a public right-of-way fails to remove the outdoor
cafe within seven days after the thirty-day period after written notice,
the Borough may proceed to remove and restore the area and charge
the applicant for the cost thereof. In this instance, the applicant
shall be entitled to the return of furnishings or equipment so removed,
only after the payment of all costs for the removal incurred by the
Borough and after requesting the return in writing. The responsibility
for removal under the provisions of this section shall be the sole
responsibility of the applicant without any obligation or cost assessed
against the Borough.
I.
The Borough may, from time to time, add regulations or rules
that it deems necessary to facilitate the purposes, as defined, and
functioning of this outdoor cafe, and these rules and regulations
shall be approved by the Borough Council.
Such use shall involve a grouping of two or more buildings for
education or religious purposes, which are developed according to
a unified plan including the layout of lots, buildings, access streets,
landscaping, and other improvements typically in a campus-like setting,
and shall be in accordance with the following:
A.
The area and bulk regulations as defined in the applicable zoning
districts shall apply.
B.
Uses shall include educational uses, religious uses, or philanthropic
uses.
D.
The tract of land to be developed shall be in one ownership
or, in the case of multiple ownership, shall be developed according
to a single overall unified plan with common authority and ownership.
E.
The tract and uses therein shall have access only to an arterial
or collector street as defined by the Borough Comprehensive Plan with
a common ingress and egress.
Such use shall involve a grouping of two or more office buildings
which are developed according to a unified plan including the layout
of lots, buildings, access streets, landscaping, and other improvements
typically in a campus-like setting, and shall be in accordance with
the following:
A.
The area and bulk regulations as defined in the applicable zoning
district shall apply.
B.
Uses shall include professional offices, administrative offices,
business office, governmental offices.
D.
The tract of land to be developed shall be in one ownership
or, in the case of multiple ownership, shall be developed according
to a single overall unified plan with common authority and ownership.
E.
The tract and uses therein shall have access only to an arterial
or collector street as defined by the Borough Comprehensive Plan with
a common ingress and egress.
F.
A planned office campus shall, whenever practical, reuse the
existing buildings and facilities within the district to promote maintenance
of the Borough character and architecture. Whenever possible, it is
encouraged that reuse of the existing buildings should maintain the
architectural integrity and facades of the buildings. Building plans
indicating the overall extent of exterior alterations should be submitted
as part of the conditional use review application. Any building listed
on or eligible for the National Register of Historic Places shall
be listed on the building plan. It is strongly encouraged that additional
buildings be designed to complement the architectural character and
development layout of existing buildings.
Churches, place of worship, and other religious uses shall be
subject to the following regulations:
A.
Minimum lot area for a religious use shall be 20,000 square
feet.
B.
The uses permitted under this use shall include:
(1)
Church, synagogue, or other place of worship.
(2)
Accessory uses, including the following:
(a)
Institutional classrooms or educational use.
(b)
Kitchen.
(c)
Office for the religious use.
(d)
Gymnasium/recreational facility.
(e)
Day-care center as per § 220-2409.
(f)
Rectory or other lodging for minister, priest,
rabbi, or similarly qualified individual.
(g)
Cemetery, as per the following regulations:
[1]
Aside from soil disturbance associated with internment, ground cover shall be maintained at all times. Retention of natural buffer areas shall be maintained to the greatest degree possible along with the use of landscaping material for commercial buffers, as per Article XXIII, in order to mitigate the visual impacts to neighboring properties and the water recharge capacity.
[2]
No buildings other than mausoleums, mortuaries,
and the like shall be permitted and no building shall be more than
15 feet in height.
[3]
Individual plots shall be set back a minimum of
50 feet from all lot boundaries and public rights-of-way.
[4]
No vault or plot shall be located where, at its
greatest depth below the ground surface, it may intrude upon the seasonal
high water table.
C.
Accessory uses to a religious use and on the same lot as a primary
religious use shall meet the following:
(1)
Accessory uses shall meet area and bulk requirements of the
zoning district in which they are located and shall be in accordance
with § 220-2401.
(2)
Accessory uses shall be setback a minimum of 25 feet from a
residential use or district, and shall be sufficiently screened to
minimize disturbance of residential areas.
E.
Screening and buffering shall be in accordance with § 220-2309.
F.
Lighting shall be in accordance with § 220-2307.
A residential conversion is the dividing of a single-family
detached dwelling into two or more dwelling units, with the resulting
units each having independent kitchen, bath, and sleeping facilities.
The intent is to provide an alternative use for structurally sound,
larger, older homes which may no longer be able to function economically
viably as a single unit and which provide an excess amount of living
space for today's decreasing family size. The following shall apply:
A.
The following minimum floor areas shall be met:
|
Type of Unit
|
Minimum Floor Area
(square feet)
| |
|---|---|---|
|
Efficiency
|
450
| |
|
1 bedroom
|
550
| |
|
2 bedrooms
|
700
| |
|
3 bedrooms
|
800
|
B.
The minimum lot area and bulk regulations for single-family
dwellings in the district in which the residential conversion is proposed
shall be met. There shall be a lot area not less than the product
of the minimum lot area prescribed in the district regulations and
the number of families for the use of which such dwelling is to be
converted.
C.
Separate kitchen and bathroom facilities shall be provided per
unit. All applicable Borough Building Code and Chester County Health
Department regulations and permit requirements regarding the installation
of these facilities shall be met and indicated on all plans. Approval
from all applicable agencies is necessary prior to issuance of a building
permit by the Borough.
D.
Trash receptacles shall be screened so as not to be visible
from the street or abutting properties, except on scheduled days for
trash pick-up. The yard and building area requirements for the district
in which the building is located must be complied with.
E.
Residential conversions shall not be permitted on an existing
nonconforming lot or in a nonconforming structure.
F.
Single-family dwellings which are converted shall maintain the
appearance of the original single-family dwelling with a single front
entrance. The dwelling units may share the single front entrance.
An additional entrance may be placed on the side or rear of the building.
Fire escapes and outside stairways shall, where practicable, be located
on the rear of the building, no preference to any side wall, and shall
in no case be located on the front facade facing a street. Except
as may be necessary for these reasons of safety, there shall be no
major structural change of the building in connection with the residential
conversion.
G.
Site and floor plans for the residential conversion shall be
included with the application for conversion indicating both exterior
and interior building alterations.
[Amended 10-4-2016 by Ord. No. 2016-14]
An upper floor dwelling unit is one or more contiguous rooms,
hallways, and appurtenant private spaces within a building, which
together constitute a separate living area containing independent
cooking and sleeping facilities for one family, and which is physically
separated from any other dwelling unit, and which is located on the
second floor or higher of any structure where so permitted, and which
is above either a separate residential use or a separate commercial
use, and which is located in the same structure as that separate residential
use or commercial use below, and shall be required to meet the following
criteria:
A.
Appearance, design and construction. Nothing herein shall be
construed to alter the dimensional regulations applicable in the district
where any upper floor dwelling unit is proposed, including, without
limitation, the regulation of height, area, location, or performance
characteristics of any structure or other improvement. Buildings which
are altered in order to contain one or more upper floor dwelling units
shall maintain the exterior appearance of the use located below the
upper floor dwelling unit(s). Upper floor dwelling unit(s) may be
served by a shared ground-level entryway, centralized mailbox area,
staircase, stair tower, and landings but two or more upper floor dwelling
units shall not share any interior corridor, interior common trash
facilities, common lounges or meeting rooms, common deck(s), common
pools, hot tubs, or spas, or any other common amenities.
B.
Separate kitchens and bathrooms. Separate kitchen and bathroom
facilities shall be provided for each upper floor dwelling unit. All
applicable Borough Building Code and Chester County Health Department
regulations and permit requirements regarding the installation of
kitchen and bathroom facilities shall be met and indicated on all
plans. Approval from all applicable agencies shall be necessary prior
to issuance of a building permit by the Borough.
C.
Off-street parking. The off-street parking requirements of this section shall be met in accordance with Article XXV and shall be calculated separately for each use, but may be provided in a common parking lot.
D.
Trash receptacles. All trash receptacles upon any lot which
contains an upper floor dwelling unit shall be screened so as not
to be visible from the street or abutting properties, except on scheduled
days for trash pick-up.
E.
Shared entrances. An upper floor dwelling unit(s) may share
a single a single point of access with other upper floor dwelling
units or residential uses within the same structure.
F.
Separate entrances. An upper floor dwelling unit shall have
independent exterior access from, and no interior access to, any nonresidential
use below. Entrance(s) for upper floor dwelling units which are above
nonresidential uses shall be physically separate, clearly marked,
and visually distinct and distinguishable from the entrance(s) for
any nonresidential use(s) in the same structure.
G.
Additional entrances. One additional entrance for every two
upper floor dwelling units may be placed on the side or rear of the
building to serve one or more upper floor dwelling units. Enclosed
stair towers may be placed on the side of the building closest to
the abutting street of the lowest functional classification. Except
as expressly required by the Fire Marshal in writing, any fire escapes
or unenclosed outside stairways shall be located on the rear of the
building, or in the case of a corner lot, to the side of the building
farthest from the abutting street of the highest functional classification.
H.
Prohibited in nonconforming lots and structures. Upper floor
dwelling units shall not be permitted on an existing nonconforming
lot or in a nonconforming structure.
I.
Nonresidential nuisance prohibited. Any nonresidential use should
not be a nuisance to the upper floor dwelling unit.
J.
Compliance with Rental Property Ordinance. Each upper floor dwelling unit on a parcel which is not owned by a natural person who resides upon the said parcel shall be conclusively presumed be a rental unit pursuant to Chapter 162 of the Malvern Borough Code of Ordinances and subject to the provisions thereunder. The owner of each such parcel shall prepare and file an application for a housing license, together with any applicable fee for the same, prior to the issuance of any use and occupancy permit for any upper floor dwelling unit and annually thereafter.
[Added 8-21-2007 by Ord.
No. 2007-4]
A.
Applicability. All multifamily, commercial, institutional and
industrial uses shall have an enclosed area designated for storage
of trash and an area for storage of recyclable materials, both of
a size adequate to contain the amounts of trash and of recyclable
materials reasonably expected to be generated by the use.
B.
The storage area for recyclable materials shall be of sufficient size to allow for the separation and separate storage of: 1) glass and plastic bottles and jars; 2) cans; 3) cardboard; 4) paper; and 5) any other materials that the Borough may designate in § 173-2 of the Malvern Borough Code of Ordinances.
C.
All trash storage and recyclable material storage shall be located
inside a building or in a fenced enclosure to prevent infestation,
scattering, damage and vandalism.
[Added 4-21-2009 by Ord.
No. 2009-3]
A.
Multiuse development consists of a lot or building or combination
of lots or buildings on one or more unified development tracts, erected,
altered, used and/or occupied for any combination of the below listed
uses, developed in accordance with a master development plan.
B.
Required master development plan.
(1)
A master development plan shall be a required component of the
conditional use application for all proposed multiuse development
projects. The master development plan, which is defined in more detail
in § 220-2425F(1) below, shall include the proposed buildings,
site improvements, building elevations and other information as necessary
to present the plan.
(2)
Upon conditional use approval of a master development plan,
the uses and design criteria proposed in the master development plan
shall be the uses and design criteria permitted and required for the
development of the subject tract(s). Any substantial change in uses
or facades constituting a significant deviation from the conditional
use approval shall require additional conditional use approval.
(3)
Preliminary and final subdivision and land development plans
submitted for the approved multiuse development shall be in accordance
with the master development plan design specifications, documents
and plans submitted and approved by conditional use.
(4)
The tract(s) subject to the master development plan may be subdivided
or divided into condominium units or lease units, but only if such
division does not interfere with the development of the tract(s) in
accordance with the approved master development plan. Any document
conveying an ownership or leasehold interest in any portion of the
tract(s) subject to the master development plan shall include notice
that the development and use of the property is subject to the master
development plan.
C.
Permitted uses. Subject to the land use mix regulations of Subsection E below, any combination of the following uses may be approved by the Borough Council as a component of a multiuse development subject to a master development plan:
(1)
Parking garage, parking lot, or in-building parking facility
designed to serve a multiuse development or developments and located
on the same tract therewith.
(2)
Upper floor dwelling units.
(3)
Retail sales store, including multishop retail stores.
(4)
Restaurant, tavern or similar establishment.
(5)
Office, including but not limited to business or professional
office or post office.
(6)
Retail service shop, such as bakery, ice cream or similar shop,
custom tailoring or millinery shop, clock, watch or jewelry shop,
or household appliance repair shop.
(7)
Personal service shop, such as a barber shop, beautician or
clothes cleaner and pressing pick up point, but not including laundry,
dry cleaning or clothes pressing establishment.
(8)
Bank or similar financial institution.
(9)
Outdoor cafe as per § 220-2418.
(10)
Indoor recreation facility.
(11)
Accessory use as per § 220-2401.
D.
Area and bulk regulations.
(1)
All multiuse development shall meet the area and bulk regulations
as follows, which shall supersede all area and bulk regulations or
requirements otherwise applicable in the underlying zoning district:
(a)
Minimum tract area: two acres.
(b)
Minimum lot width: 20 feet.
(c)
Front build-to line: Zero to five feet minimum
distance between a building and the front sidewalk.
(d)
Minimum side yard: none required.
(e)
Minimum rear yard: 20 feet. The minimum rear yard
may be reduced to 10 feet if the applicant demonstrates, to the satisfaction
of Borough Council and the Fire Marshall, that emergency access to
the structure and adjacent structures will remain adequate.
(f)
Maximum building coverage: 75% Additional building
coverage shall be permitted as equal to the nonpaved square footage
area of all landscaped courtyards, gardens, or tree planting areas,
located on upper floor terraces or roof-tops of buildings.
(g)
Maximum lot coverage: 90%
(h)
Maximum and average building height: The maximum
building height shall be 65 feet and the average building height shall
be 55 feet. For any building consisting of separate and distinct architectural
sections (an architectural section being a unique building facade,
such as an individual row building) the average of all roof sections
may not exceed 55 feet and no roof may exceed 65 feet (except as indicated
herein, all heights are measured in accordance with the Zoning Ordinance
definition of "building height" at § 220-201). Any averaging
of different roof sections shall be weighted based on the horizontal
length of each roof section relative to the entire length of the building.
For building height purposes, vertical measurement at the mean level
of the ground shall be measured from finished, as-built grade.
[NOTE: Average building height shall be calculated as the sum
of the weighted average of each building section. As an example, for
a fifty-foot-wide building with two twenty-five-foot-wide sections,
one section 65 feet in height and the other 45 feet, the average height
would equal 55 feet: (65 feet x 0.5) + (45 feet x 0.5) = 55 feet.]
E.
Design standards.
(1)
Land use mix. At a minimum the master plan shall include the
following requirements:
(a)
At least 10% of the total building area shall be
for office and retail related uses.
(b)
First floor office and retail space shall range
from 30 feet to 50 feet in depth as measured from the front building
facade.
(c)
No residential uses shall be on the first floor.
(d)
No more than 50% of the residential dwelling units
shall have less than two bedrooms.
(e)
No off-street parking shall be located between
the front of any building and King Street, or within the front portion
of buildings along the King Street side, the first floor frontage
of which is to be only for retail and office uses.
(2)
Site improvements. Required site improvements include the following:
(a)
Sidewalks at least 10 feet wide along the King
Street frontage with wider sidewalks along outdoor cafe serving areas.
(b)
On-street parking along King Street.
(c)
Bump-outs at intersections to restrict traffic
from travelling in the parking lanes and to improve pedestrian safety.
(d)
Proposed plans for all loading and trash collection
shall be provided.
(e)
Parking structures shall not have direct vehicular
building entrances on King Street.
(f)
Outdoor lighting shall be in conformance with § 220-2307.
(g)
Separate storage facilities for trash and recyclable
materials shall be provided in accordance with § 220-2424.
In addition, all outdoor uses shall provide adequate containers for
the separate collection of trash and recyclable materials.
(h)
Streetscape improvements along King Street shall
include the following:
(3)
Building design.
(a)
The conditional use application shall include front,
side and rear elevation drawings.
(b)
The King Street facade shall have windows on each
floor that are generally compatible with existing fenestration patterns
on historic buildings along King Street.
(c)
First floor spaces along King Street shall be designed
and used as windowed storefronts. No false storefronts are permitted.
Windows shall be predominately of clear glass to permit views into
the building or of window displays. Incidental use of decorative stained
or etched glass is permitted, provided that most of the window area
on each facade is clear.
(d)
All roof-top mechanical equipment shall be screened
from street level views.
(e)
All facades that are visible from other properties
shall include windows.
(f)
Building exterior surfaces shall replicate natural
materials, such as brick, stone, stucco, wood shingles/siding. Any
use of vinyl siding is subject to review and approval by the Borough.
F.
Plan submission requirements.
(1)
Master development plan. The base site plan for the master development
plan shall be drawn at a scale of not less than one inch equals 100
feet and shall contain information sufficient to assess the design
and impact of future development of the tract(s), including, but not
limited to, the following:
(a)
Schematic groupings of buildings and structures
(including a schedule of gross floor areas and heights).
(b)
Total building area being proposed, represented
by the total square footage of all nonresidential development and
the number of dwelling units proposed for all residential development.
(c)
Amount of impervious coverage expressed as a total
area and as a percentage of total tract area.
(d)
A conceptual depiction of the proposed streetscapes
and landscaped area.
(e)
Circulation. The general vehicular and nonvehicular
circulation pattern for the entire tract(s), including points of access
to the tract(s), and the location, dimensions, rights-of-way and ownership
of the major road network.
(f)
Phasing plan. A phasing plan that identifies all
proposed construction and associated public utilities and infrastructure
needs for each phase.
(g)
Plan detail. These submission requirements shall
be indicated in sufficient detail to serve as a firm commitment by
the applicant with regard to the future development of the tract(s)
and for the Borough Council and the Planning Commission to evaluate
the effect of the master development plan on the health, safety and
general welfare of the Borough. Although a fixed and dimensional layout
showing exact building locations, shapes, dimensions, landscape plans
and sub-district requirements, such as is required for land development
approval, shall not be required for master development plan approval;
information and specifications shall be provided that clearly set
forth design requirements for all subsequent preliminary and final
land development plans prepared for the proposed mixed-use development.
(h)
Anticipated waivers. Unless otherwise stated in
the master development plan submission, compliance with all provisions
of the Malvern Borough Subdivision and Land Development Ordinance[2] shall be required. All anticipated requests for waivers
of the Subdivision and Land Development Ordinance requirements shall,
to the extent feasible at this stage of the development project, be
included with the master development plan submission. In addition,
in approving a master development plan and/or conditional use approval
thereof, Borough Council may provide relief to design, area and bulk
requirements as might otherwise be applicable in either this chapter
or Subdivision and Land Development Ordinance.
(i)
The approved master site development plan shall
be the basis for the preliminary and final land development plan submissions
and shall be used to determine the design intent when there are discrepancies
or omissions in the land development plan submissions.
G.
Criteria for master development plan application review. In
addition to all other criteria and conditions for conditional use
approval, decisions granting or denying conditional use approval shall
be based on the following criteria:
(1)
The extent to which the master development plan is consistent
with the Borough and County Comprehensive Plans.
(2)
The extent to which the master development plan's general design
and character is reasonably compatible with surrounding properties,
including both the improved and natural environment, as well as the
following design elements:
(a)
Anticipated building locations, bulk, and height.
(b)
Location and distribution of outdoor recreation
space.
(c)
The mix of proposed land uses.
(d)
The extent to which the master development plan
adequately preserves significant natural features and historic resources.
(e)
The extent to which the master development plan
provides safe and adequate transportation systems that include both
vehicular and pedestrian access to and from the master development
plan tract(s).
(f)
The extent to which the master development plan
is consistent with the public health, safety and welfare.
(g)
The extent to which public facilities and services
will be impacted by the development in the master development plan.
(h)
The provision of appropriate landscaping, both
on the tract(s) and along public rights-of-way near the tract(s) and/or
the payment in lieu of landscaping to fund future landscaping by the
Borough.
(i)
The extent to which the master development plan
provides safe and adequate vehicular and pedestrian access to and
from the tract(s), including on-site circulation, pedestrian and bicycle
circulation and safe pedestrian access to adjacent and nearby residential
areas, transit stops and neighborhood activity centers. In considering
whether the master development plan is adequate from this standpoint,
the following elements shall be considered:
[1]
Construction, reconstruction or improvement of
the sidewalk network beyond the development tract(s).
[2]
Provision of traffic signals and signage to facilitate
safe access to the development tract(s).
[3]
Payment of funds in lieu of pedestrian improvements
to supplement funds that may be available to the Borough for future
installation of such improvements.
[4]
The extent to which loading areas are designed
and managed to reduce delivery vehicle parking on King Street.
[5]
The extent to which "green" materials, systems
and techniques are utilized, such as LEED certification.
H.
Infrastructure improvements. The developer of a multi-use development,
in the context of the conditional use approval, shall discuss with
the Borough and agree to reasonable financial contributions for community,
recreation, traffic and/or infrastructure purposes, or installation
by the developer of actual improvements with a similar value.
