[Ord. 1159, 9/11/2014]
In addition to complying with the requirements of this chapter, the requirements of all other Borough ordinances and regulations, including, but not limited to, the Borough Subdivision and Land Development Ordinance [Chapter 22], the Borough Building Code, the Borough Plumbing Code, the Borough ordinance controlling floodplain areas [Chapter 8], the Swimming Pool Ordinance [Chapter 23] of the Borough of Shillington, and the Borough Fire Prevention Code, shall be applicable.
[Ord. 1159, 9/11/2014]
Every building and structure hereafter erected or moved shall be on a lot adjacent to a public street or a private street approved by the Borough Council, or on a lot for which a legally recorded right of access to a public street or approved private street exists. After the effective date of this chapter, no lot shall be created unless it abuts a public street or a private street approved by the Borough Council. For the purposes of this section, a service street (alley) shall not constitute a public street or highway.
[Ord. 1159, 9/11/2014]
1. 
General. The following general regulations shall apply to residential accessory structures, regardless of zoning district:
A. 
No accessory building or structure shall be permitted within any required front yard. Except as noted below, no accessory building or structure shall be permitted within any required side yard. An accessory building or structure which does not exceed 15 feet in height may be placed within three feet of the rear lot line. The minimum distance between an accessory building or structure within a rear yard and a side lot line shall be the side yard requirement of the applicable zoning district, except that an accessory building or structure no greater than 120 square feet in area (unless a conditional use is approved by the Borough Council for a larger area) may be placed no less than three feet from the side lot line.
B. 
When an accessory building is proposed within a rear yard and accessory buildings within 30 feet of the proposed accessory building, which are set back less than the above requirements from a rear lot line, exist on both sides of the proposed accessory building at the effective date of this chapter, as a conditional use, the Borough Council may permit the proposed accessory building to be located no more than the average of the accessory buildings on the adjacent lots from the rear lot line.
C. 
As a conditional use, the Borough Council may permit, in cases of established lots, upon which the main buildings have already been erected, 18 feet or less but greater than 16 feet in width, the intervals required from the side lot lines to be reduced to two feet. In cases of established lots, upon which the main buildings have already been erected, 16 feet or less in width, no interval from the side lot line may be permitted.
D. 
No permanent accessory building or structure shall be constructed on any lot prior to the commencement of construction of the principal building to which it is accessory.
E. 
The maximum height of an accessory structure shall be 25 feet.
F. 
As a conditional use, the Borough Council may permit a common or joint garage or other joint accessory building which is not a structural part of a main building to be erected on adjoining lots.
G. 
No HVAC units shall be located in front yard areas.
2. 
Use Regulations. The following specific use regulations shall apply to residential accessory uses, regardless of zoning district:
A. 
Swimming Pool. Swimming pools shall be subject to the Borough of Shillington Swimming Pool Ordinance No. 1114 [Chapter 23], or any revisions or amendments thereto.
B. 
Detached Garages and Carports. The minimum dimensions of any detached garage shall be 12 feet by 20 feet. The maximum length on any side of the garage serving a single-family dwelling shall be 40 feet. The minimum dimensions of any detached carport shall be 10 feet by 18 feet. The maximum length of any side of the carport serving a single-family dwelling shall be 36 feet.
C. 
Apartment and Townhouse Accessory Uses. Apartment and townhouse accessory uses shall be restricted to uses designed solely for residents of the apartment and townhouse units. One office per project for the purposes of administering and renting dwelling units may be established. One "sample" apartment or townhouse for display purposes shall be permitted for each type of dwelling unit to be constructed.
D. 
Tennis Courts.
(1) 
Tennis courts shall have permanent fences at least 10 feet in height behind each baseline, extending at least the full width of the playing area.
(2) 
A permanent fence at least 10 feet in height and a screen planting shall be established and maintained between the tennis court and lot lines within 20 feet of the tennis court.
E. 
Keeping of Animals. The keeping of domestic farm animals, such as a horse, pig, goat, cow, steer, sheep, or buffalo, or a chicken, duck, rooster, goose, pigeon, or other fowl shall not be considered a permitted accessory use.
F. 
Earth Satellite Receiving Dishes.
(1) 
Any dish greater than 24 inches in diameter shall not be building-mounted. Not more than one such dish shall be placed on any one lot, and all such dishes shall be screened from adjoining properties and streets in accordance with the applicable provisions of this chapter.
(2) 
Any dish 24 inches or less shall be permitted, but not more than two per dwelling unit.
(3) 
If a dish is not used, it must be removed within six months of its use being discontinued.
[Ord. 1159, 9/11/2014]
1. 
General. The following general regulations shall apply to nonresidential accessory structures, regardless of zoning district:
A. 
No building or structure shall be located within any required front, side, and rear yard unless otherwise permitted by this chapter.
2. 
Use Regulations. The following specific use regulations shall apply to nonresidential accessory uses, regardless of zoning district:
A. 
Storage Facilities.
(1) 
All such facilities shall be located in areas which have direct access to a street or driveway. The outdoor storage of materials shall be screened from view from adjoining properties and streets. Such storage shall be limited to the normal operations conducted on the premises. Storage areas shall not be located within required front, side, and rear yards.
(2) 
All outdoor storage facilities shall be enclosed by a fence adequate for the protection of the public, as approved by the Borough.
(3) 
No materials shall be deposited upon a lot in such a form or manner that they may be transferred off the lot by natural causes or forces.
(4) 
All materials capable of causing fumes or dust or which constitute a fire hazard or which are edible or otherwise attractive to rodents or insects shall be stored outdoors only if enclosed in containers which are adequate to eliminate such hazards.
(5) 
Tractor-trailer trucks shall not be used for storage and/or sales of materials.
B. 
Earth Satellite Receiving Dishes.
(1) 
Any dish greater than 24 inches in diameter shall not be building-mounted. Not more than one such dish shall be placed on any one lot, and all such dishes shall be screened from adjoining properties and streets in accordance with the applicable provisions of this chapter.
(2) 
Any dish 24 inches or less shall be permitted, but not more than two per nonresidential unit.
(3) 
If a dish is not used, it must be removed within six months of its use being discontinued.
[Ord. 1159, 9/11/2014]
1. 
This section sets forth minimum criteria for the installation, use and maintenance of exterior lighting, the purpose of which is to require lighting in outdoor public places where safety and security are concerns; protect drivers and pedestrians on nearby streets from glare from nonvehicle light sources that shine directly into their eyes and thereby impair safe travel; shield neighboring properties from glare resulting from excessive light sources and from nonexistent or improperly directed or shielded light sources; limit the height of light standards to preclude or lessen light pollution; and promote efficient design and operation with regard to energy conservation.
2. 
Lighting facilities shall be required for all off-street parking areas and off-street loading areas and for all driveways providing ingress and egress thereto and for all subdivisions and/or land developments for business, commercial, retail, personal service, industrial, multifamily, recreational, institutional and public uses, and for all construction or reconstruction or improvement of any such use for which land development approval is not required. In the approval of any subdivision or land development plan, the Borough shall have the authority to require lighting to be incorporated for other uses or locations where, in its reasonable discretion, such lighting is warranted. In addition, the provisions of this section shall apply to signs, architectural lighting, and landscape lighting.
3. 
Where required by the Borough to demonstrate compliance with the provisions of this chapter, a lighting plan shall be prepared and submitted in accordance with the following criteria:
A. 
A lighting plan shall be submitted for review and approval for all applications and uses which require exterior lighting.
B. 
The lighting plan shall include a schematic layout of all proposed exterior fixture locations, footcandle data, and a plat demonstrating intensities and uniformities within the limitations established with this chapter, as well as the manufacturer's description of the equipment (catalog cuts), glare-control devices, lamps, mounting heights and means, proposed hours of operation of the lighting, and maintenance schedule. Illumination intensities shall be plotted on a ten-foot by ten-foot grid.
C. 
The applicant shall submit a visual impact photometric plan that demonstrates both light coverage and light spillage resulting from the proposed lighting plan and the provision for adequate measures to mitigate nuisance from light pollution and disabling glare, both on the use or development site and on adjacent properties.
4. 
The lighting plan shall be prepared to comply with the provisions specified within the Borough's Subdivision and Land Development Ordinance [Chapter 22].
[Ord. 1159, 9/11/2014]
1. 
Signs may be erected and maintained only when in compliance with the provisions of this chapter and all other ordinances and regulations of the Borough relating to the erection, alteration, and maintenance of signs.
A. 
General.
(1) 
Except in the case of school warning signs, signs giving time and temperature, traffic control signs, and similar municipal signs, except as otherwise noted in this chapter, signs shall not contain moving parts nor use flashing or intermittent illumination, and the source of light shall be steady and stationary.
(2) 
No sign shall be placed in such a position, or have such a source of illumination, that it will cause any danger to pedestrians or vehicular traffic.
(3) 
No signs other than school warning signs, official traffic signs, and other municipal signs shall be erected within the right-of-way lines of any street or extend over any street right-of-way.
(4) 
Every sign shall be kept in good condition. Peeling paint shall be repaired and replaced, broken letters or other parts shall be repaired or replaced, broken lights shall be replaced, and similar maintenance tasks shall be performed when necessary.
(5) 
No sign shall be utilized in a manner which produces a noxious glare or a light intensity greater than one footcandle beyond the lot boundaries. No direct beams of light shall be directed toward adjacent properties or public roads, and all light sources shall be shielded from adjoining properties and streets. Digital displays shall be allowed only in the C, I and INST Zoning Districts. Digital displays on signs shall remain stationary for a minimum of seven seconds before switching to the next panel. The transition from a digital display panel to the next digital display panel shall provide a maximum transition interval of one second. The "transition interval" is defined as the time period in which the display of an electronic sign transitions to another display.
(6) 
The distance from the ground to the highest part of any freestanding sign shall not exceed 10 feet in R-1, R-2, R-3, M-P, L-C, and INST Zoning Districts. The distance from the ground to the highest part of any freestanding sign in the C District shall not exceed 30 feet. No portion of a sign which is attached to a building, supported by a building or which projects from a building shall extend above the height of the building.
(7) 
No sign shall be erected or located as to prevent free ingress to or egress from any window, door or fire escape.
(8) 
No sign which emits smoke, visible vapors or particulates, sound or odor shall be permitted.
(9) 
No portion of any sign shall project over any lot lines.
(10) 
Red, green or amber lights, except those contained within a school warning sign, traffic control sign, or similar municipal sign, shall not be so located that they could create a danger by being construed as traffic lights.
(11) 
The area immediately surrounding each sign shall be kept in a clean, sanitary and healthful condition. No accumulations of loose paper, bottles, cans, garbage or similar items shall be permitted.
(12) 
Any sign which becomes dilapidated or which creates a hazard to the public health, safety or welfare shall be removed at the expense of the owner or lessee. The Borough Zoning Officer shall make such determination as to state of repair.
(13) 
No sign shall project more than 12 inches from the building wall to which it is attached;, except that in C and I Districts, signs may project from the front of a building perpendicularly to the front of the building a distance of not more than four feet, provided that such signs are entirely located underneath a roof overhang or similar architectural feature, such signs are no more than 12 square feet in area on any one side, and/or the lowest portion of all sign facings is at least eight feet above the ground.
(14) 
Signs shall be erected on the property on which the use or event referred to in the sign is conducted, except as noted in Subsections 1B(10) and 1C(2) of this section.
(15) 
A sign shall be removed when the use or event to which it refers is terminated.
(16) 
Signs on mobile stands which can be moved from place to place are prohibited.
(17) 
A sign affixed to any vehicle or other object in such a manner that the carrying of such sign or signs no longer is incidental to the primary purpose of the vehicle or object but becomes a primary purpose in itself, shall be prohibited.
(18) 
Temporary Signs. Except as otherwise noted in this chapter, banner, inflatable, and other types of nonpermanent signs are prohibited, except that the Zoning Officer may issue temporary permits for such signs, but in no case for longer than 30 days. Banner, inflatable, and other nonpermanent signs shall comply with all pertinent regulations applicable to permanent signs.
B. 
Signs Permitted in all Zoning Districts. The following signs are permitted in all zoning districts:
(1) 
Official traffic or street name signs and other official federal, state, county or Borough government signs.
(2) 
Identification signs or bulletin or announcement boards for schools, churches, hospitals, clubs and lodges, municipal buildings, or similar permitted uses, provided that:
(a) 
No more than two such signs shall face any one street.
(b) 
No side of any such sign, excluding signs consisting of open lettering attached to a building, shall exceed 12 square feet in area. A sign consisting of open lettering attached to a building shall not have a height exceeding 10 feet nor an area exceeding 10% of the building wall to which it is attached.
(c) 
No sign shall be located within five feet of a front lot line or within the side yard requirement of a side lot line, except signs attached to existing buildings.
(3) 
Signs advertising the rental or sale of premises, the sale or development of a residential subdivision, the work of contractors, charitable events, and political elections and candidates, temporary in nature, provided that:
(a) 
No side of any such sign shall exceed 12 square feet in area.
(b) 
No more than one such sign shall face any one street.
(c) 
No sign shall be closer than five feet to a front lot line, and no sign shall be placed closer than the side yard requirement to a side lot line, except those attached to existing buildings.
(d) 
Permits shall not be required for the above signs; however, such signs shall be removed within 72 hours of the event to which they refer.
(4) 
Signs advertising a lawful nonconforming use, provided that:
(a) 
No side of any such sign shall exceed 12 square feet in area.
(b) 
No more than one such sign shall face any one street.
(c) 
No sign shall be located within five feet of a front lot line or within the side yard requirement of a side lot line, except signs attached to existing buildings.
(5) 
Signs necessary for the identification and protection of public utility facilities, provided that no side of any such sign shall exceed 12 square feet in area.
(6) 
Signs within a residential development to direct persons to a rental office or sample unit within that development, provided that no side of any such sign shall exceed four square feet in area.
(7) 
Identifying signs for the purpose of indicating the name of a residential development, provided that not more than one such sign shall be allowed for each entrance to the development from a public street and no such sign shall exceed 12 square feet in area.
(8) 
Trespassing signs and signs indicating the private nature of premises. No side of any such sign shall exceed two square feet in area.
(9) 
Signs/displaying the name and occupation of a practitioner in a permitted professional office, studio or home occupation within a dwelling or building accessory thereto. Not more than one sign shall be permitted on any premises. No side of any such sign shall exceed three square feet in area.
(10) 
Signs which are used for directing patrons, members or audience to events or facilities of service clubs, churches or other nonprofit organizations may be erected subject to the following requirements:
(a) 
A sign shall indicate only the name of the organization and the direction to the facility.
(b) 
Only one such sign shall be erected prior to each intersection where turning movement is necessary to reach such facility.
(c) 
No more than four such signs shall be erected in the Borough for each facility or event.
(d) 
Signs shall not exceed 16 square feet in area per side.
(e) 
When signs are along public streets and are not located on the property where the event or facility is located, the owner of the property where the sign is proposed to be located shall have given permission for the sign to be placed on said property.
(f) 
Temporary event signs shall not be located within the clear sight triangle of any street intersection.
C. 
Requirements for Signs in C and I Districts.
(1) 
In addition to signs permitted in all zoning districts above, signs advertising a business, industry, or other permitted use are permitted, provided that:
(a) 
In the case where a lot contains only one use, the total area of all signs placed on or facing any one street shall not exceed 80 square feet, or 15% of the area of the wall surface (including window and door areas) on which they are displayed in the case where all signs will be wall-mounted. The area of open letter signs shall be calculated using the outside dimensions of the words or symbols used in the sign.
(b) 
In the case where a lot contains more than one use, the total area of all signs placed on or facing any one street shall not exceed 80 square feet, or 15% of the area of the wall surface (including window and door areas) on which they are displayed in the case where all signs will be wall-mounted.
(c) 
No more than one freestanding sign and/or no more than one wall-attached sign shall face any one street; except that in the case of a lot containing more than one commercial or industrial use, one sign shall be allowed for each commercial or industrial use located to that portion of the building housing the use. The total area of all signs shall not exceed the quantity established in the previous subsection.
(d) 
A sign attached parallel to a building wall shall not have a height exceeding 10 feet.
(e) 
In the case of a corner lot, the number of freestanding signs shall be limited to one sign facing each street, provided that each such street frontage equals or exceeds the minimum lot width required in the applicable zoning district.
(f) 
A sign consisting of open lettering attached to a building shall include only the name of the business or industry to which it applies and shall face a street, without there being any intervening property.
(g) 
No portion of a freestanding sign shall be located closer than five feet to a street right-of-way line nor closer than the side yard requirement to a side lot line.
(2) 
Off-Premises Advertising Signs. Off-premises advertising signs are permitted in the Commercial Zoning District only with a special exception approval of the Borough's Zoning Hearing Board and shall comply with the following conditions:
(a) 
Location of Off-Premises Advertising Signs. Off-premises advertising signs which conform with the provisions of this section shall be permitted only in the Commercial Zoning District and shall be located only along East or West Lancaster Avenue. In no event shall any portion of any sign be erected within 100 feet of any residentially zoned property. Off-premises advertising signs shall be a minimum of 10 feet from any property line.
(b) 
Size of Off-Premises Signs. The maximum area of an off-premises sign shall be 300 square feet, with a maximum length of 25 feet, plus temporary embellishments not exceeding 20% of the permanent sign area, but not to exceed one display panel on the same face.
(c) 
Spacing of Off-Premises Signs. Property facing thoroughfares and all other property which is zoned as to permit the construction and maintenance of off-premises signs shall be subject to the following:
[1] 
V-type or back-to-back off-premises signs shall be considered one sign.
[2] 
No two off-premises signs shall be spaced less than 500 feet apart.
[3] 
No off-premises sign shall be located in such a manner as to obscure, or otherwise physically interfere with the effectiveness of, an official traffic sign, signal or device or obstruct or physically interfere with a driver's view of approaching or intersecting traffic.
[4] 
Height of Off-Premises Signs. Off-premises signs shall not exceed an overall height of 30 feet above the adjacent ground elevation. The bottom of off-premises signs shall not be closer than 15 feet to the ground at any point under the sign.
[5] 
Lighting of Off-Premises Signs. Off-premises signs may be illuminated, subject to the following restrictions:
[a] 
No revolving or rotating beam or beacon of light that simulates any emergency light device shall be permitted as part of any sign. Flashing devices shall not be permitted upon a sign; however, illuminated signs which indicate customary public information, such as time, date, temperature or other similar information, shall be permitted.
[b] 
External lighting, such as floodlights, thin-line and goose-neck reflectors, are permitted, provided the light source is directed on the face of the sign and is shielded so that the light source is not visible from a neighboring property or from an occupied space in a neighboring building.
[c] 
The illumination of any sign within 200 feet of a residential zone lot line shall be diffused or indirect in design to prevent direct rays of light from shining into adjoining residential districts.
[d] 
In the case of digital off-premises advertising signs, digital displays on signs shall remain stationary for a minimum of seven seconds before switching to the next panel. The transition from a digital display panel to the next digital display panel shall provide a maximum transition interval of one second. The "transition interval" is defined as the time period in which the display of an electronic sign transitions to another display.
[e] 
In no case shall the light from the off-premises advertising sign exceed one footcandle beyond the property line. This light shall be measured at two locations - along the property line closest to the sign at a height of four feet above the grade at that location, and along the property line at the same point closest to the sign at a height of 20 feet above the grade at that location. The applicant shall provide the light measurements noted. These measurements shall be performed by an independent certified lighting consultant (CLC) as certified by the American Lighting Association. Light measurements shall be provided to, reviewed by and approved by the Borough prior to final approval and operation of the sign.
[f] 
Construction Standards. All off-premises signs shall be constructed in accordance with the Uniform Construction Code as adopted and amended by the Borough. The structural elements of all off-premises signs shall be of substantial metal construction and shall be designed by and the construction drawings sealed by a structural engineer registered in the Commonwealth of Pennsylvania.
[g] 
Maintenance or Replacement of Existing Off-Premises Signs. The maintenance or replacement of off-premises signs existing prior to this chapter shall be permitted, provided that any revisions or upgrades are in accordance with this chapter. The property owner where the sign is located is responsible for and shall verify that the sign is properly maintained.
[h] 
Removal. Abandoned off-premises signs shall be promptly removed within 30 calendar days of the discontinuances of the use of the sign or if the sign is declared structurally unsound by the Borough's Zoning officer or Building Code Official. All off-premises signs removed for the purpose of abandonment cannot be replaced unless they are conforming to this chapter. It shall be the responsibility of the property owner to have the sign removed if the company that installed the sign is no longer available.
[Ord. 1159, 9/11/2014]
1. 
All areas for off-street parking, off-street unloading and loading, and the storage or movement of motor vehicles shall be physically separated from public streets or highways by a raised curb or planting strip to serve as a barrier against unchanneled motor vehicle entrance or exit, except for necessary accessways for entrance to and egress from such parking, loading or storage areas.
[Ord. 1159, 9/11/2014]
1. 
Paved off-street loading and unloading spaces, with proper access from a street, driveway, or alley, shall be provided on any lot on which a building for trade, business, industry, or warehousing, or other use similarly involving large volume receipt of or distribution of materials or merchandise by motor vehicle, is hereafter erected or expanded. All such areas for the loading and unloading of vehicles, and for the servicing of establishments by refuse collection, fuel and other service vehicles, shall be of such size, design and arrangement that they may be used without blocking or otherwise interfering with the use of automobile accessways, parking facilities and pedestrianways. Loading areas shall not be located within required front yards and shall not be located within five feet of any side or rear lot line. All loading and unloading shall be conducted within or adjacent to a building.
2. 
The number and size of loading spaces provided shall be appropriate for the use to be conducted on the premises and sufficient to accommodate all vehicles serving the use. At least one loading space shall be provided for each use. When a permit is applied for, the application shall show all provisions for off-street loading and include supporting data (data on number, frequency and size of vehicles which will use the loading facilities) which justify the number and size of spaces provided. Number and size of spaces required shall be approved by the Zoning Officer unless otherwise indicated in this chapter.
3. 
All areas for off-street unloading and loading shall be physically separated from public streets or highways by a raised curb or planting strip to serve as a barrier against unchanneled motor vehicle entrance or exit, except for necessary accessways for entrance to and egress from such loading areas.
[Ord. 1159, 9/11/2014]
1. 
In all zoning districts, off-street parking facilities shall be provided whenever:
A. 
A building is constructed or a new use established.
B. 
The use of an existing building or a lot is changed to a use requiring more parking facilities.
C. 
An existing building or use is altered so as to increase the amount of parking spaces required.
2. 
Each parking space shall have minimum dimensions of nine feet by 18 feet. In addition, appropriate driveways, aisles, and maneuvering space shall be provided as necessary to permit safe and convenient access to and use of the area provided for parking purposes. Proper access from a street, alley, or driveway shall be provided. When parking spaces are provided parallel to a driveway or aisle, the minimum dimensions of the spaces shall be 10 feet by 22 feet.
3. 
Parking spaces for residential uses shall be located on the same lot as the use served and shall be located behind the street right-of-way line. Parking spaces for other uses shall be provided for on the same lot as the use being served or in parking facilities within 300 feet of the building served, except in the case of a shopping center or similar grouping of buildings on a lot, in which case all parking areas shall be provided within the lot boundaries.
4. 
Joint parking facilities for two or more uses may be established, provided that the number of spaces provided is not less than the sum of the spaces required for each individual use.
5. 
All parking spaces and means of access, other than those relating to a dwelling, shall be illuminated during night hours of use.
6. 
All parking spaces shall be suitably prepared for use by motor vehicles. All common parking areas and access drives shall be paved, shall be graded to provide convenient vehicular access and proper drainage and shall be maintained in usable condition. The maximum grade of areas used for parking shall not exceed 6%, and the maximum grade of access drives shall not exceed 10%. Surface water shall not be concentrated onto public sidewalks or other lots.
7. 
Areas necessary to fulfill the off-street parking requirements of this chapter shall be used solely for that purpose.
8. 
Off-street parking facilities existing at the effective date of this chapter shall not be subsequently reduced to an amount less than that required under this chapter for a similar new building or use.
9. 
The width of aisles in parking areas shall be no less than listed in the following table:
Aisle Width
Angle of Parking
One-Way
(feet)
Two-Way
(feet)
90°
22
24
60°
18
Not permitted
45°
15
Not permitted
30°
12
Not permitted
10. 
When the required number of parking spaces is computed and a fraction of a parking space results, any fraction below 1/4 may be disregarded, and any fraction 1/4 or greater shall necessitate the provision of a full parking space.
11. 
Parking areas for nonresidential uses shall be designed such that vehicles will not back out onto public streets.
12. 
The design of parking areas shall be such as to prevent, to the greatest extent possible, the stack-up of vehicles on a public street at the entrance to parking areas.
13. 
Where parking requirements are determined by the number of seats and only temporary seats are provided, the number of parking spaces to be provided shall be based upon the capacity for temporary seats in normal usage.
14. 
Parking areas shall be arranged so that no portion of any vehicle parked within a designated parking space can extend over any lot line of the lot on which it is parked.
15. 
Parking areas for nonresidential uses which are designed to contain more than four vehicles shall be screened from the view of any lands zoned R-1, R-2, R-3, M-P, L-C or INST which are adjacent to the land on which the nonresidential parking area is located.
16. 
Parking areas and access drives for nonresidential uses shall be located a minimum of five feet from a street right-of-way line or lot line, unless otherwise specified in this chapter, and the area between the parking area or access drive and the lot line or street right-of-way line shall be landscaped.
17. 
For industrial uses, the number of employees for which parking spaces are to be provided shall coincide with the number of employees provided for in the Pennsylvania Department of Labor and Industry application and regulations (state permit). Parking areas shall not be constructed within the area between the building setback line and the nearest street right-of-way line.
18. 
Maneuvering areas shall be provided to facilitate leaving the end spaces in parking areas.
19. 
For parking lots containing 20 spaces or greater, for purposes of traffic channelization, definition of parking areas, and the reduction of visual monotony, an area equivalent, at a minimum, to 10% of all surface parking areas shall be devoted to interior parking lot vegetative cover. Such areas shall be in addition to any other landscaping or buffering requirements of this chapter. To further assist in traffic channelization, when there is more than one double row of parking spaces in the interior (not along the perimeter) of a parking lot, raised islands shall be placed at the ends of parking bays, such that the end of the bay adjacent to a driving aisle or road is clearly delineated. The island surface, preferably covered with vegetative material, shall be designed so as not to impair visibility needed for traffic flow and turning.
20. 
All areas for off-street parking shall be physically separated from public streets or highways by a raised curb or planting strip to serve as a barrier against unchanneled motor vehicle entrance or exit, except for necessary accessways or access roads which supply entrance to and egress from such parking areas.
21. 
The number of off-street parking spaces to be provided for each use shall be sufficient to accommodate all employee, visitor, and customer parking. One parking space shall be provided per company vehicle to be parked on the premises. Minimum off-street parking requirements shall be as follows, unless otherwise established in this chapter:
Use
Number of Spaces
A.
Residential uses
2 parking spaces per dwelling unit
B.
Industrial, wholesaling or warehousing establishment, manufacturing, laboratory, research center
1 space per employee on the shift of greatest employment, or 1 space per 1,000 square feet of gross floor area, whichever results in more parking spaces
C.
Restaurant, tavern, club, lodge, social quarters or similar use
1 space for each 3 seats
D.
Retail and service establishments; banks or other financial institutions; rental businesses
1 space for each 200 square feet of gross floor area
E.
Office buildings, professional service establishments
1 space for each 250 square feet of gross floor area
F.
Medical, dental and paramedical offices and clinics
1 space per employee plus 5 spaces for each person engaged in practice
G.
Nursing home, group homes, and similar uses
1 space per employee on the largest shift plus 1 space for each 4 beds
H.
Funeral homes
1 space for each 4 seats
I.
Auditorium, theater, municipal building, churches or other places of worship, club or lodge, or other place of public assemblage
1 space for each 4 seats plus 1 space per employee
J.
Library or museum
1 space per 300 square feet of gross floor area
K.
Nursery schools and day-care centers
1 space per employee plus 1 space for loading and unloading of children for each 3 children accommodated in the school
L.
Schools
2 spaces per each administrative staff member, plus 1.2 spaces per each additional staff member, plus 0.25 space per seat in gymnasium
M.
Motel or hotel
1 space for each rental unit plus 1 space for each employee on the shift of greatest employment
N.
Motor vehicle service station or repair garage
2 parking spaces per service bay, plus 1 space per employee on the shift of greatest employment
O.
Bed-and-breakfast
1 space for each rental unit plus 1 space for each employee on the shift of greatest employment
P.
Outdoor recreational facility
1 space per employee on the largest shift plus 1 space per 3 people of total capacity
Q.
Shopping center
5 spaces per 1,000 square feet of gross leasable area
R.
Indoor recreational facility or place of amusement
1 space per 50 square feet devoted to patron use
S.
Student housing
1 space per student resident
T.
Automotive sales
1 space per employee on the largest shift plus 3 spaces designated for customer parking
For any building or use not covered above, the Zoning Officer shall apply the standard for off-street parking spaces in the above schedule deemed to most closely approximate the proposed building use.
[Ord. 1159, 9/11/2014]
1. 
The following standards shall apply to all driveways:
A. 
No driveway shall be constructed in such a manner so as to create a drainage or sedimentation problem on an adjacent property or street.
B. 
Two-way driveway entrances shall not intersect streets at angles of less than 60° nor more than 120°.
C. 
The location and width of exit and entrance driveways shall be planned to interfere as little as possible with the flow of vehicular traffic on adjacent streets. Driveways shall not be located in such a manner that they will cause a hazard to the movement of normal traffic or cause areas of undue traffic congestion on streets or highways.
2. 
The following standards shall apply to residential driveways:
A. 
Driveway entrances or exits into a street from a corner lot on which a single-family or two-family dwelling is constructed shall be located at least 40 feet from the intersection of any street cartway lines.
B. 
No driveway serving a dwelling shall be located within two feet of any side lot line, except in the case of driveways which adjoin one another or shared driveways.
3. 
The following standards shall apply to nonresidential driveways:
A. 
No use shall have more than two accessways to any one street for each 500 feet of frontage.
B. 
The width, excluding radii, of entrances to and exits from parking areas, measured at the street line, shall conform to the following schedule, provided that along state legislative routes, if these standards are in conflict with Pennsylvania Department of Transportation requirements, driveways shall be designed to conform as closely as possible to the requirements of this chapter, while conforming to the requirements of the Pennsylvania Department of Transportation:
Type
Width in Feet
Minimum
Maximum
1-way
12
22
2-way
24
36
Each lane provided shall be a minimum of 12 feet in width.
C. 
Driveway entrances or exits into a street from a corner lot shall be located at least 60 feet from the intersection of any street cartway lines.
[Ord. 1159, 9/11/2014]
1. 
Recreational Vehicles, Boats, Campers and Trailers. Except as noted elsewhere within this chapter, the following provisions shall apply to the storage of recreation vehicles, boats, campers and trailers within the R-1, R-2 and R-3 Zoning Districts, or upon any existing lots used principally for residential purposes within the C, L-C and I Zoning Districts:
A. 
For purposes of this section, recreational vehicles, travel trailers, utility trailers, boats (including trailers) and other trailers used solely for the transport of the residents' recreational vehicle(s) are divided into two separate categories, as follows:
(1) 
Category 1 recreation vehicles that are less than 200 square feet, as described as follows: those recreational vehicles, travel trailers, utility trailers, boats (including trailers) and other trailers used solely for the transport of the residents' recreational vehicle(s) that possess no more than 200 square feet, as measured to the vehicle's outermost edges, nor exceed a height of 10 feet, as measured from the ground to the highest point of the main body of the vehicle. Vehicle height shall not be measured on vehicle accessories (e.g., air conditioners, vents, hatches, masts, antennas, outrigging fishing poles) but will be measured to the highest point of any fly-bridge or other boat console.
(2) 
Category 2 recreation vehicles that are more than 200 square feet, as described as follows: those recreational vehicles, travel trailers, utility trailers, boats (including trailers) and other trailers used solely for the transport of the residents' recreational vehicle(s) that possess more than 200 square feet, as measured to the vehicle's outermost edges, and/or exceed a height of 10 feet, as measured from the ground to the highest point of the main body of the vehicle. Vehicle height shall not be measured on vehicle accessories (e.g., air conditioners, vents, hatches, antennas, masts, outrigging fishing poles) but will be measured to the highest point of any fly-bridge or other boat console.
B. 
The temporary parking of one Category 1 or Category 2 recreation vehicle for periods not exceeding 48 hours during any seven-day period is permitted on a paved or gravel surface in any yard, so long as the vehicle is set back more than 10 feet from any street right-of-way and more than five feet from any adjoining property lines.
C. 
The permanent storage or parking of a Category 1 recreation vehicle shall be permitted, subject to the following requirements:
(1) 
The storage of Category 1 recreation vehicles within the R-1 and R-2 Zoning Districts shall be permitted, provided that the vehicle storage area is located on an improved parking space behind the building setback line and at least 10 feet from the side and rear lot line.
(2) 
The storage of Category 1 recreation vehicles within the R-3, C, L-C and I Zoning Districts shall be permitted, provided that the vehicle storage area is located on an improved parking space behind the building setback line and at least three feet from the side and rear lot lines.
(3) 
The designated vehicle storage areas occupied by Category 1 recreation vehicles shall be paved and maintained in mud-free conditions, the vegetation shall be properly trimmed, and debris or litter shall be disposed of on a regular basis.
(4) 
Category 1 recreation vehicles shall be maintained in order to prevent the leakage of fuels and/or lubricants into the ground or surface water.
(5) 
If applicable, Category 1 recreation vehicles shall be required to maintain valid licences and obtain current inspections.
D. 
The permanent storage or parking of a Category 2 recreation vehicle shall be permitted within the R-1 and R-2 Zoning Districts, subject to the following requirements:
(1) 
The storage of Category 2 recreation vehicles shall be permitted, provided that the vehicle storage area is located on an improved parking space behind the building setback line and at least 10 feet from the side and rear lot line.
(2) 
The designated vehicle storage areas occupied by Category 2 recreation vehicles shall be paved and maintained in mud-free conditions, the vegetation shall be properly trimmed, and debris or litter shall be disposed of on a regular basis.
(3) 
Category 2 recreation vehicles shall be maintained in order to prevent the leakage of fuels and/or lubricants into the ground or surface water.
(4) 
If applicable, Category 2 recreation vehicles shall be required to maintain valid licenses and obtain current inspections.
E. 
The permanent storage or parking of any Category 2 recreation vehicle shall be prohibited within the R-3 Zoning District, or upon any existing lots used principally for residential purposes within the C, L-C and I Zoning Districts, unless the following requirements are met:
(1) 
In no case shall the vehicle contain more than 320 square feet, as measured to the vehicle's outermost edges, nor exceed a height of 12 feet, as measured from the ground to the highest point of the vehicle's main body. The vehicle height shall not be measured on vehicle accessories (e.g., air conditioners, vents, hatches, antennas, masts, outrigging fishing poles) but will be measured to the highest point of any fly-bridge or other boat console.
(2) 
The Category 2 recreation vehicle shall be located on an improved parking space behind the building setback line and at least six feet from the side and rear lot line.
(3) 
No more than one Category 2 recreation vehicle shall be permitted on a lot.
(4) 
The vehicle storage area shall be screened with fencing or landscaping materials along any adjacent side and rear lot lines. Such screening shall not extend into the required front yard.
(5) 
The designated vehicle storage areas occupied by Category 2 recreation vehicles shall be maintained in mud-free conditions, the vegetation shall be properly trimmed, and debris or litter shall be disposed of on a regular basis.
(6) 
If applicable, Category 2 recreation vehicles shall be required to maintain valid licenses and obtain current inspections.
F. 
Unless otherwise permitted by the municipality with jurisdiction, the on-street parking or storage of a Category 1 recreation vehicle or Category 2 recreation vehicle shall not be permitted.
G. 
Unless otherwise permitted as part of the normal functions of a commercial campground or similar use, no major recreational equipment shall be utilized for living, housekeeping or similar activities, when parked or stored on any lot within the municipality with jurisdiction.
2. 
The following provisions shall apply to the parking of tractor-trailer trucks, commercial vehicles exceeding 26,000 pounds and/or commercial vehicles exceeding 20 feet in length:
A. 
The parking of commercial vehicles within Shillington Borough is further regulated under the provisions of the other motor vehicle laws adopted by the municipality.
B. 
Tractor-trailer trucks, trailers from a tractor-trailer truck, commercial vehicles exceeding 26,000 pounds and/or vehicles exceeding 20 feet in length may park on an approved lot designated for a permitted use within the C and I Zoning Districts, provided that the vehicles are properly licensed, registered and stored in an orderly manner on the lot. No such vehicle should be located within the front yard or within 10 feet of the side or rear property line.
C. 
No tractor-trailer trucks or commercial vehicles having a gross weight of more than 2,000 pounds or in excess of 20 feet in length shall be stored or parked along a public street or on a parcel of land within the R-1, R-2 or R-3 Zoning District for more than 48 consecutive hours over any seven-day period. All such vehicles shall comply with all pertinent local, state and federal laws.
[Ord. 1159, 9/11/2014]
When an unimproved lot is situated between two improved lots with front yard dimensions less than those required for the zoning district in which the unimproved lot is located, the front yard required for the unimproved lot may be reduced to a depth equal to the average of the two adjoining lots; provided, however, that this provision shall only apply in such cases where the improved lots in question are improved as of the time of the adoption of this chapter. For the purpose of this section, an unimproved lot shall be the same as a vacant lot, and an improved lot shall be one on which a principal building is erected.
[Ord. 1159, 9/11/2014]
1. 
Except as otherwise provided in this chapter, fences, walls, and hedges may be placed within front, rear, and side yards.
2. 
No wall or hedge shall be erected or planted within the right-of-way lines of any street, nor shall they encroach upon any street right-of-way at any time.
3. 
Fences, walls and hedges shall comply with the corner lot restrictions of this chapter, § 27-615.
4. 
No fence or wall within a front yard area shall exceed four feet in height. No fence or wall in a side or rear yard shall exceed six feet in height. The height of the fence or wall shall be measured from the grade adjacent to the fence or wall to the highest part of the fence or wall. At no point along the fence or wall shall the height exceed the maximum height as noted.
5. 
No fence shall be placed within three feet of the right-of-way line of a service street (alley) nor within five feet of the right-of-way line of any other street.
6. 
All permitted fences or walls shall be constructed of durable building materials, be installed and erected in accordance with the manufacturer's instructions and be constructed in a workmanlike manner. No solid fence shall be permitted within the front yard area.
7. 
The center of any hedge or other shrubbery shall not be placed or planted within three feet of any street line, including the line of service streets (alleys). No hedge or other shrubbery shall be permitted to extend over any street right-of-way line at any time.
8. 
Barbed-wire and electrified fences are not permitted in the R-1, R-2, R-3, C and L-C Zoning Districts. The use of barbed-wire and electrified fences in the Industrial Zoning District is a conditional use, where the applicant shall be required to provide just cause and demonstrate to the Borough Council the need for this type of fencing.
[Ord. 1159, 9/11/2014]
1. 
Except as otherwise provided in this chapter, on every corner lot, a yard equal in depth to the front yard requirement of the zoning district in which the corner lot is located shall be provided on each side of the lot which is adjacent to a street.
2. 
Clear sight triangles shall be provided at all street intersections and intersections of driveways with streets. Within such triangles, nothing, except street signs, traffic lights or signs, utility poles, and mailboxes, which impedes vision beyond 2 1/2 feet above or below 10 feet above the center-line grades of the intersecting streets shall be erected, placed, planted, or allowed to grow. Such triangles shall be established in accordance with the following descriptions:
A. 
Intersections of minor streets, of collector streets and driveways, of collector streets and alleys, and of arterial streets and driveways: The clear sight triangle shall be established as a line between two points measured a distance of 75 feet along each center line from the point of intersection of the center lines of the intersecting streets; a triangle shall be established by connecting the two points.
B. 
Intersections of minor and collector streets: The clear sight triangle shall be established as a line between two points measured a distance of 100 feet along the center line of the collector street from the point of intersection of the center lines and a distance of 75 feet along the center line of the minor street from the point of intersection of the center lines; a triangle shall be established by connecting the two points.
C. 
Intersections of minor and arterial streets: The clear sight triangle shall be established as a line between two points measured a distance of 150 feet along the center line of the arterial street from the point of intersection of the center lines and a distance of 75 feet along the center line of the minor street from the point of intersection of the center lines; a triangle shall be established by connecting the two points.
D. 
Intersections of driveways and/or alleys and any street: The intersection of a driveway or alley with any type of street shall have a fifteen-foot clear sight triangle as measured from the intersection of the curblines or from the lines forming the edge of the cartway.
Collector streets are designated as South Wyomissing Avenue, South Museum Road, North Museum Road, and Mifflin Boulevard. Arterial streets are designated as East Lancaster Avenue, West Lancaster Avenue, and Philadelphia Avenue.
3. 
Upon presentation of an application for establishment of a use on a corner lot, the Borough Zoning Officer shall designate which yard abutting a street will be considered the front yard. The yard opposite that yard shall meet the rear yard requirements of the applicable zoning district. Except as otherwise provided in this chapter, any yard adjoining a street which was not designated the front yard must meet the front yard requirements of the applicable zoning district, and the yard opposite that yard shall meet the side yard requirements of the applicable zoning district. In the case of a building to be placed on a corner lot such that the front of the building will not be parallel to a street line, yards shall be provided so that no portion of the building will be placed closer to a street than the front yard requirement of the applicable zoning district, and so that no portion of the building will be placed closer to a lot line than the rear yard requirement of the applicable zoning district, and so that no portion of a side of the building will be placed closer to a lot line than the side yard requirement of the applicable zoning district.
[Ord. 1159, 9/11/2014]
1. 
The following projections shall be permitted into required yards and shall not be considered in the determination of yard size or lot coverage:
A. 
Projecting architectural features, such as bay windows, cornices, eaves, roof overhang, gutters, chimneys, windowsills, open steps, open porches, open terraces and open patios, provided that all such features shall not have a width exceeding eight feet, shall project no more than 10 feet into any required front yard, shall project no more than 18 inches into any required side yard and shall project no more than 15 feet into any required rear yard.
2. 
Where the front yard along the long side of a corner lot is reduced pursuant to provisions of this chapter, no permitted projection shall extend more than 42 inches beyond the wall of the building.
[Ord. 1159, 9/11/2014]
1. 
The building height limitations contained within this chapter shall not apply to chimneys, spires, cupolas, antennas, elevator shafts, HVAC systems, satellite dishes and other similar appurtenances usually required to be placed above the roof level, provided they are not intended for human occupancy.
[Ord. 1159, 9/11/2014]
1. 
If adjoining land is zoned R-1, R-2, R-3, M-P, L-C or INST, all public utility facilities, storage, or activities outside a building, including parking and loading, shall be screened from view from public streets and adjoining lots.
[Ord. 1159, 9/11/2014]
1. 
Upon request of the Borough, a landowner shall furnish proof at his own expense that he is in compliance with the following standards. No use shall be operated in such a manner as to constitute a danger to the residents and inhabitants of the Borough. No land, building, structure or premises shall be used, altered or occupied in such a manner as to create any dangerous, injurious, noxious or otherwise objectionable conditions.
A. 
Air Management.
(1) 
No gases, vapors, or fumes shall be emitted which are harmful to persons, property, animals, or vegetation beyond the lot lines of the lot on which such gases, vapors, or fumes originate. No toxic or corrosive gases, vapors, or fumes shall be released into the atmosphere.
(2) 
No odors shall be detectable beyond the lot lines of the lot on which such odors originate.
(3) 
The regulations of the Pennsylvania Department of Environmental Resources shall be complied with for fugitive emissions, particulate matter emissions, sulfur compound emissions, standards for sources, sources of volatile organic compounds, emission of hazardous air pollutants, and ambient air quality sources.
(4) 
No person shall permit the emission into the outdoor atmosphere of visible air contaminants.
(5) 
No dust or dirt shall be discharged beyond the lot lines of the lot on which it originates.
(6) 
Emissions from equipment used for the preparation of food by a properly permitted restaurant or mercantile use shall be allowed in the Commercial District, provided that the emission shall comply with the requirements of this § 27-620 and the termination of the flue or exhaust duct from the emission source shall be located a minimum of two feet above the eave or edge of the closest roof which is above an occupied residential interior space or an adjacent residential building.
B. 
Wastewater Management.
(1) 
Effluent must meet any standards established by the Pennsylvania Department of Environmental Protection, the Borough or the Borough Authority.
(2) 
In no case shall untreated potentially dangerous or contaminating effluent or waste from plant operations be discharged.
C. 
Solid Waste Management.
(1) 
No storage of waste material on the lot shall be permitted in excess of 30 days. All waste materials awaiting transport shall be concealed from view from all adjacent properties and streets and kept in enclosed containers.
(2) 
No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces, nor shall any substance which can contaminate a stream or watercourse or otherwise render such stream or watercourse undesirable as a source of water supply or recreation, or which will destroy aquatic life, be allowed to enter any stream or watercourse.
D. 
Noise and Vibration.
(1) 
The following requirements for noise and vibration control shall apply to all existing and proposed uses within Shillington Borough:
(a) 
Noise shall be regulated by the provisions of this chapter and/or by other municipal ordinances pertaining to noise.
(b) 
No physical vibration shall be perceptible without aid of instruments at or beyond the lot lines, with the exception of temporary construction activity.
(c) 
No continuous noise in excess of the following limits shall be permitted at the property line of the site on which the noise sources originates:
Maximum Permissible Noise Levels (in decibels or dBA)
Measurement Taken Along the Adjoining Property Line Within the Following Zoning Districts
Time of Day (over 10-minute time period)
Maximum Peak Limits Over Any 8-Hour Period
6:00 a.m. to 8:00 p.m.
8:00 p.m. to 6:00 a.m.
R-1 and R-2 Residential Zoning Districts
55 dBA
50 dBA
60 dBA less than 10 minutes
70 dBA less than 1 minute
R-3 Residential Zoning District
60 dBA
55 dBA
60 dBA less than 10 minutes
70 dBA less than 1 minute
Commercial (C) and Limited Commercial (L-C) Zoning Districts and Industrial (I) Zoning District
60 dBA
55 dBA
70 dBA less than 10 minutes
75 dBA less than 1 minute
(d) 
For noises that are considered smooth or continuous, the maximum permitted noise levels shall be measured over a period of 10 minutes. The noise levels shall be measured or verified by the Zoning Officer or a police officer with municipal jurisdiction along any adjoining property line from which the noise originates. Where the noise levels exceed the maximum permissible limits during the specified time period and time of day, the owner of the property shall be considered in violation of the maximum decibel limits permitted by this section of this chapter.
(e) 
For those noises that are not smooth and continuous, the peak noise levels shall be measured over a period of one minute to 10 minutes. The noise levels shall be measured by the Zoning Officer or Code Enforcement Officer along any adjoining property line from which the noise originates.
(f) 
Where the noise levels exceed the maximum permissible peak limits with in any eight-hour period of time, the landowner of the property shall be considered in violation of the maximum decibel limits permitted by this section of this chapter.
(2) 
The maximum permissible noise levels specified by this section shall not apply to the following conditions:
(a) 
General repair activities conducted between the hours of 6:00 a.m. to 8:00 p.m., provided that the activities are permitted by Shillington Borough.
(b) 
Construction activities conducted between the hours of 6:00 a.m. to 8:00 p.m., provided that the activities are permitted by Shillington Borough or other agency with jurisdiction.
(c) 
Household power tools and equipment utilized between the hours of 6:00 a.m. to 8:00 p.m., provided that the activities are temporary or do not exceed a six-month time period.
(d) 
Blasting, providing it is conducted in association with construction activities which have been permitted by local, state or federal agencies.
(e) 
Alarms or other devices used for the purposes of alerting people to the existence of an actual emergency or to warn people of an imminent danger.
(f) 
Municipal uses.
(g) 
Routine noises made by bells, chimes, or carillons utilized for a place of worship, school or civic use.
(h) 
Licensed motor vehicles and authorized modes of transportation.
(i) 
Agricultural uses.
(j) 
Generators and HVAC units.
(3) 
No physical vibration shall be perceptible without use of instrument at or beyond the lot lines.
E. 
Visual and Heat.
(1) 
Any operation producing light or glare shall be performed within an enclosed building or in such a manner as not to be visible or to produce any effect beyond the property line of the lot on which this operation is located. All exterior lighting shall comply with § 27-605 of this chapter and the associated section(s) of the Borough's Subdivision and Land Development Ordinance [Chapter 22].
(2) 
Any operation producing heat shall be conducted in such a manner as to prevent any effect from the heat beyond the lot lines of the lot on which the operation is located.
F. 
Electromagnetic and Radioactive Radiation.
(1) 
All electromagnetic radiation shall comply with the regulations of the Federal Communications Commission, provided that no electromagnetic radiation shall be produced which interferes with radio or television reception or the operation of other equipment beyond the lot lines. No injurious electromagnetic radiation or radioactive emission shall be produced, and all radioactive emission shall meet federal and state standards.
G. 
Carcinogenic Substances.
(1) 
No carcinogenic substances shall be released into the air, ground, or water.
H. 
PADEP Requirements.
(1) 
All regulations of the Pennsylvania Department of Environmental Protection shall be complied with.
I. 
Exterior Storage of Materials.
(1) 
No highly flammable or explosive liquids, solids, or gases shall be stored in bulk above ground, except tanks or drums of fuel directly connecting with energy devices, heating devices, or appliances located and operated on the same lot as the tanks or drums of fuel.
(2) 
All outdoor storage facilities for fuel, raw materials, and products and all fuel, raw materials, and products stored outdoors shall be enclosed by an approved safety fence.
(3) 
All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects shall be stored outdoors only if enclosed in containers which are adequate to eliminate such hazards.
[Ord. 1159, 9/11/2014]
1. 
Definitions. As used in this section, unless the context otherwise requires, the following definitions shall be used:
AIRPORT
Reading Regional Airport, located in Bern Township, Berks County, Pennsylvania.
AIRPORT ELEVATION
Three hundred forty-four feet above mean sea level.
APPROACH SURFACE
A surface longitudinally centered on the extended runway center line, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in Subsection 3. In plan, the perimeter of the approach surface coincides with the perimeter of the approach zone.
APPROACH, TRANSITIONAL, HORIZONTAL, AND CONICAL ZONES
These zones are set forth in Subsection 2.
BOARD
The Zoning Hearing Board of Shillington Borough, Berks County, Pennsylvania.
CONICAL SURFACE
A surface extended outward and upward from the periphery of the horizontal surface at a slope of 20:1 for a horizontal distance of 4,000 feet.
HAZARD TO AIR NAVIGATION
An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.
HEIGHT
For the purpose of determining the height limits in all zones set forth in this chapter and shown on the Airport Zoning Map, the datum shall be mean sea level elevation, unless otherwise specified.
HORIZONTAL SURFACE
A horizontal plane 150 feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone.
LARGER THAN UTILITY RUNWAY
A runway that is constructed for and intended to be used by propeller-driven aircraft of greater than 12,500 pounds' maximum gross weight and jet-powered aircraft.
MUNICIPALITY
The Borough of Shillington, Berks County, Pennsylvania.
NONCONFORMING USE
Any structure, object of natural growth, or use of land which is inconsistent with the provisions of this chapter or an amendment thereto and which is in existence as of the effective date of this chapter or of such amendment thereto, as the case may be.
NON-PRECISION-INSTRUMENT RUNWAY
A runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area-type navigation equipment, for which a straight-in non-precision-instrument approach procedure has been approved or planned.
OBSTRUCTION
Any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth in Subsection 2.
PERSON
An individual, firm, partnership, corporation, company, association, joint-stock association or government entity; includes a trustee, a receiver, an assignee, or a similar representative of any of them.
PRECISION-INSTRUMENT RUNWAY
A runway having an existing instrument approach procedure utilizing an instrument landing system (ILS) or a precision approach radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on an approved airport layout plan or any other planning document.
PRIMARY SURFACE
A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway. The width of the primary surface is set forth in Subsection 2. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line.
RUNWAY
A defined area on an airport prepared for landing and takeoff of aircraft along its length.
STRUCTURE
An object, including a mobile object, constructed or installed by man, including, but without limitation, buildings, towers, cranes, smokestacks, earth formation, and overhead transmission lines.
TRANSITIONAL SURFACES
These surfaces extend outward at ninety-degree angles to the runway center line and the runway center line extended at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. Transitional surfaces for those portions of the precision approach surfaces, which project through and beyond the limits of the conical surface, extend a distance of 5,000 feet measured horizontally from the edge of the approach surface and at ninety-degree angles to the extended runway center line.
TREE
Any object of natural growth.
UTILITY RUNWAY
A runway that is constructed for and intended to be used by propeller-driven aircraft of 12,500 pounds' maximum gross weight and less.
VISUAL RUNWAY
A runway intended solely for the operation of aircraft using visual approach procedures.
ZONING OFFICER
That person appointed by the Borough to issue zoning permits, who shall be charged with the duty of administering and enforcing this chapter.
2. 
Airport Zones. In order to carry out the provisions of this chapter, there are hereby created and established certain zones which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces and conical surfaces as they apply to Reading Regional Airport. Such zones are shown on the Airport Zoning Map. An area located in more than one of the following zones is considered to be only in the zone with the more-restrictive height limitation. The various zones are hereby established and defined as follows:
A. 
Utility Runway Visual Approach Surface Zone: Established beneath the visual approach surface. The inner edge of this approach zone coincides with the width of the primary surface and is 250 feet wide. The approach zone expands outward uniformly to a width of 1,250 feet at a horizontal distance of 5,000 feet from the primary surface. Its center line is the continuation of the center line of the runway.
B. 
Runway Larger than Utility Visual Approach Surface Zone: Established beneath the visual approach surface. The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 1,500 feet at a horizontal distance of 5,000 feet from the primary surface. Its center line is the continuation of the center line of the runway.
C. 
Runway Larger Than Utility with a Visibility Minimum Greater than 3/4 Mile Non-Precision-Instrument Approach Surface Zone: Established beneath the non-precision-instrument approach surface. The inner edge of this approach zone coincides with the width of the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly to a width of 4,000 feet at a horizontal distance of 10,000 feet from the primary surface. Its center line is the continuation of the center line of the runway.
D. 
Precision-Instrument Runway Approach Surface Zone: Established beneath the precision-instrument approach surface. The inner edge of this approach zone coincides with the width of the primary surface and is 1,000 feet wide. The approach zones expands outward uniformly to a width of 16,000 feet at a horizontal distance of 50,000 feet from the primary surface. Its center line is the continuation of the center line of the runway.
E. 
Transitional Surface Zones: The transitional zones are the areas beneath the transitional surfaces adjacent to each runway and approach surface.
F. 
Horizontal Surface Zone: Established beneath the horizontal surface, 150 feet above the established airport elevation. The horizontal zone is established by swinging arcs of 5,000 feet radii for all runways designated utility or visual and 10,000 feet for all others from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal surface zone does not include the approach and transitional surface zones.
G. 
Conical Surface Zone: Established beneath the conical surface. The conical zone is established as the area that commenced at the periphery of the horizontal zone and extends outward therefrom a horizontal distance of 4,000 feet.
3. 
Airport Zone Height Limitations. Except as otherwise provided in this chapter, no structure shall be erected, altered, or maintained, and no tree shall be allowed to grow, in any zone created by this chapter to a height in excess of the applicable height herein established for such zone. Such applicable height limitations are hereby established for each of the zones in question as follows:
A. 
Utility Runway Visual Approach Surface Zone: slopes 20 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway center line.
B. 
Runway Larger Than Utility Visual Approach Surface Zone: slopes 20 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway center line.
C. 
Runway Larger Than Utility with a Visibility Minimum Greater than 3/4 Mile Non-Precision-Instrument Approach Surface Zone: slopes 34 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway center line.
D. 
Precision-Instrument Runway Approach Surface Zone: slopes 50 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway center line; thence slopes upward 40 feet horizontally for each foot vertically to an additional horizontal distance of 40,000 feet along the extended runway center line.
E. 
Transitional Surface Zone: slopes seven feet outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface, and extending to a height of 150 feet above the airport elevation. In addition to the foregoing, there are established height limits sloping seven feet outward for each foot upward beginning at the sides of and the same elevation as the approach surface and extending to where they intersect the conical surface. Where the precision-instrument runway approach zone projects beyond the conical zone, there are established height limits sloping seven feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface and extending a horizontal distance of 5,000 feet measured at ninety-degree angles to the extended runway center line.
F. 
Horizontal Surface Zone: established at 150 feet above the airport elevation.
G. 
Conical Surface Zone: slopes 20 feet outward for each foot upward beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation.
H. 
Excepted Height Limitations: Nothing in this chapter shall be construed as prohibiting the construction or maintenance of any structure, or growth of any tree, to a height up to 35 feet above the surface of the land.
4. 
Use Restriction. Notwithstanding any other provisions of this chapter, no use may be made of land or water within any zone established by this chapter in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport.
5. 
Nonconforming Uses.
A. 
Regulations Not Retroactive. The regulations prescribed in this chapter shall not be construed to require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations at the effective date of this chapter or otherwise interfere with the continuance of a nonconforming use. Nothing contained herein shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this chapter and which is diligently prosecuted.
B. 
Marking and Lighting. Notwithstanding the preceding provision of this section, the owner of any existing nonconforming structure or tree is hereby required to permit the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary by the airport to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstruction. Such markers and lights shall be installed, operated, and maintained at the expense of the owner.
6. 
Permits.
A. 
Future Uses. Except as specifically provided in Subsection 6A(1), (2), and (3) hereunder, no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree shall be planted in any zone hereby created unless an airport permit therefor shall have been applied for and granted. Each application for an airport permit shall indicate the purpose for which the airport permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure, or tree would conform to the regulations herein prescribed. No airport permit for a use inconsistent with the provisions of this chapter shall be granted unless a variance has been approved in accordance with Subsection 6D. Exemption from an airport permit does not exempt the applicant from any required zoning or building permit.
(1) 
In the area lying within the limits of the horizontal zone and conical zone, no airport permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when, because of terrain, land contour, or topographic features, such tree or structure would extend above the height limits prescribed for such zones.
(2) 
In areas lying within the limits of the approach zones but at a horizontal distance of not less than 4,200 feet from each end of the runway, no airport permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when such tree or structure would extend above the height limit prescribed for such approach zones.
(3) 
In the areas lying within the limits of the transition zones beyond the perimeter of the horizontal zone, no airport permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when such tree or structure, because of terrain, land contour, or topographic features, would extend above the height limit prescribed for such transition zones.
(4) 
Nothing contained in any of the foregoing exceptions shall be construed as permitting or intended to permit any construction, or alteration of any structure, or growth of any tree in excess of any of the height limits established by this chapter, except as set forth in Subsection 3H.
B. 
Existing Uses. No airport permit shall be granted that would allow the establishment or creation of an obstruction or permit a nonconforming use, structure, or tree to become a greater hazard to air navigation than it was on the effective date of this chapter or any amendments thereto or than it is when the application for a permit is made.
C. 
Nonconforming Uses Abandoned or Destroyed. Whenever the Zoning Officer determines that a nonconforming tree or structure has been abandoned or more than 80% torn down, physically deteriorated, or decayed, no airport permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from these zoning regulations.
D. 
Variances. Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use property, not in accordance with the regulations prescribed in this chapter must apply to the Board for a variance from such regulations. The application for variance shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Such variances may be allowed where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship, and relief granted will not be contrary to public interest, will not create a hazard to air navigation, will do substantial justice, and will be in accordance with the spirit of this chapter. Additionally, no application for variance to the requirements of this chapter may be considered by the Board unless a copy of the application has been furnished to the Airport Manager for advice as to the aeronautical effects of the variance. If the Airport Manager does not respond to the application within 15 days after receipt, the Board may act on its own to grant or deny said application. Any variance granted may be made subject to any reasonable conditions that the Board may deem necessary to effectuate the purposes of this chapter.
E. 
Obstruction Marking and Lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this chapter and to be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to install, operate, and maintain, at the owner's expense, such markings and lights as may be necessary.
7. 
Enforcement.
A. 
It shall be the duty of the Zoning Officer to administer and enforce the regulations prescribed herein. Applications for airport permits shall be made to the Zoning Officer.
[Ord. 1159, 9/11/2014]
1. 
Only a resident of the dwelling unit may practice the home occupation.
2. 
No storage of materials or products related to the home occupation shall be permitted outside any buildings or structures on the property.
3. 
Not more than one person, whether paid or unpaid, shall be employed by the practitioner of a professional occupation to provide secretarial, clerical or other similar assistance.
4. 
No noise, odor, dust, vibration, electromagnetic interference, smoke, heat or glare resulting from the home occupation shall be perceptible at or beyond the lot boundaries, and the home occupation must also comply with the requirements of § 27-620 of this chapter.
5. 
Any need for parking generated by the home occupation shall be met off-street on the lot on which the home occupation is conducted. In addition to the two off-street parking spaces required for the dwelling unit, the low-impact home occupation shall have at least one off-street parking space provided on the property for use by the business.
6. 
Home occupations shall be conducted within a one- or two-family dwelling with direct access to ground level.
7. 
Not more than one home occupation may be practiced in any one dwelling unit.
8. 
There shall be no alterations made to the outside of the dwelling in a manner inconsistent with the basic architecture of the dwelling.
9. 
No more than 40% of the area covered by the dwelling, excluding the garage, shall be utilized by the home occupation.
10. 
Signage for a low-impact home occupation shall be governed by the requirements of § 27-606 of this chapter.
11. 
All low-impact home occupations shall be allowed in the zoning districts where noted and shall be approved by the Borough Council as a conditional use. The applicant shall provide documentation to the Borough Council during the hearing to demonstrate that the proposed business will comply with each requirement of this section.
[Ord. 1159, 9/11/2014]
1. 
In-home non-traffic businesses, including, but not limited to, telephone marketers, computer analysis and website designers, are permitted in a residential dwelling in all zoning districts as a no-impact home occupation under the following conditions:
A. 
Only a resident of the dwelling unit may practice the home occupation.
B. 
No storage of materials or products related to the in-home business shall be permitted outside any buildings or structures on the property.
C. 
No employees, whether paid or unpaid, and no customers may come to the business location.
D. 
No noise, odor, dust, vibration, electromagnetic interference, smoke, heat or glare resulting from the home occupation shall be perceptible at or beyond the lot boundaries, and the in-home business must also comply with the requirements of § 27-620 of this chapter.
E. 
The no-impact home occupation can be conducted in any residential unit.
F. 
There shall be no alterations made to the outside of the dwelling in a manner inconsistent with the basic architecture of the dwelling.
G. 
There shall be no signs advertising the in-home business.
H. 
Not more than one home occupation may be practiced in any one dwelling unit.
I. 
No more than 25% of the dwelling's habitable space shall be utilized by the in-home business.
J. 
No additional off-street parking is required for the no-impact home occupation.
[Ord. 1159, 9/11/2014]
1. 
Accessory alternative energy systems as noted in the following sections shall be permitted in the zoning districts as set forth in this section. Primary alternative energy systems where the systems are operated by an entity to provide power to the grid or to provide heat to more than one dwelling unit are not permitted in the Borough except as noted in this section.
A. 
Solar Energy Systems. Solar energy systems are permitted by right as an accessory use in all zoning districts where structures of any sort are allowed, so long as the system meets the requirements of this section and all other applicable construction codes as set forth below or in the Uniform Construction Code as adopted by the Borough.
(1) 
Applicability.
(a) 
A system is considered a solar energy system only if it supplies electrical or thermal power primarily for on-site use; except that when a property upon which the facility is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on-site use may be used by the utility company. The owner of the solar energy system shall provide written confirmation that the public utility company has been informed of the customer's intent to install an interconnected customer-owned generator and that the utility also approves of such connection. Off-grid systems shall be exempt from this requirement.
(b) 
This section applies to solar energy systems to be installed and constructed after December 31, 2012.
(c) 
Any upgrades, repairs, replacements, modifications or changes that materially alter the size or placement of an existing solar energy system shall comply with the provisions of this chapter.
(2) 
Design and Installation.
(a) 
The solar energy system shall comply with all applicable building and construction codes, as amended from time to time, and any regulations adopted by the Pennsylvania Department of Labor and Industry.
(b) 
The design and installation of solar energy systems shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI), Underwriters' Laboratories (UL), the American Society for Testing and Materials (ASTM), or other similar certifying organizations, and shall comply with the Uniform Construction Code and with all other applicable fire and life safety requirements. The manufacturer's specifications shall be submitted as part of the application.
(c) 
All exterior electrical and/or plumbing lines must be buried below the surface of the ground and be placed in a conduit. Depth shall be in accordance with the applicable building code.
(d) 
Whenever practical, all solar energy systems shall be attached to a building or located on an impervious surface. If not designed to be attached to the building, the applicant shall demonstrate by credible evidence that such systems cannot feasibly be attached to a building due to structural limitations of the building.
(e) 
Solar energy systems shall be designed and located in order to prevent reflective glare toward any inhabited structure on adjacent properties as well as adjacent street rights-of-way.
(f) 
No portion of an accessory solar energy system shall be located within or above any front yard, along any street frontage, nor within any required setback of any property.
(3) 
Height Restrictions. Active solar energy systems must meet the following requirements:
(a) 
Building-mounted or roof-mounted solar energy systems shall not exceed the maximum permitted height in any zoning district. For purposes for the height measurement, solar energy systems other than building-integrated systems shall be considered to be mechanical devices and are restricted consistent with other building-mounted mechanical devices.
(b) 
Ground-mounted or pole-mounted solar energy systems shall not exceed the maximum accessory structure height within the underlying district.
B. 
Wind Energy Systems. Wind energy systems are permitted by right as an accessory use in the Light Industrial Zoning District where structures are allowed, so long as the system meets the requirements of this section and all other applicable construction codes set forth below or in the Uniform Construction Code as adopted by the Borough.
(1) 
The number of accessory wind systems per property shall be limited to one.
(2) 
Setback. The base of the tower shall be set back from all property lines, public rights-of-way, and public utility lines a distance equal to the total extended height. Turbines shall be allowed closer to a property line than its total extended height if the abutting property owner(s) grants written permission and the installation poses no interference with public utility lines or public road and rail rights-of-way.
(3) 
Tower Height. So long as the total extended height meets noise and setback requirements, there shall be no specific height limitations, except as imposed by Federal Aviation Administration regulations. The total extended height is defined as the height measured from the grade at the base of the tower to the top of the highest blade or motor housing.
(4) 
Sound. Sound produced by the turbine under normal operating conditions, as measured at the property line, shall not exceed the definition of nuisance noise. Sound levels, however, may be exceeded during short-term events out of anyone's control, such as utility outages and/or severe wind storms.
(5) 
Wind Turbine Equipment.
(a) 
The design and installation of all accessory wind energy systems shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI), Underwriters' Laboratories, Det Norske Veritas, Germanischer Lloyd Wind Energies, the American Society for Testing and Materials (ASTM), or other similar certifying organizations, and shall comply with the Uniform Construction Code and with all other applicable fire and life safety requirements. The manufacturer's specifications shall be submitted as part of the application.
(b) 
When an accessory building is necessary for storage cells or related mechanical equipment, the accessory building shall not have a floor area exceeding 120 square feet and shall comply with the accessory building requirements specified within the underlying zoning district.
(6) 
Requirements for Engineered Drawings. Building permit applications for wind energy systems shall be accompanied by standard drawings of the wind turbine structure and stamped engineered drawings of the tower, base, footings, and/or foundation as provided by the manufacturer. Engineer's sealed drawings are required for submission for the building permit.
(7) 
Soil Studies. For standard soil conditions (not including gravel, sand, or muck), foundations developed by the wind turbine manufacturer shall be acceptable for turbine installations of 20kw or less and will not require project-specific soils studies.
(8) 
Compliance with FAA Regulations. No wind energy system shall be constructed, altered, or maintained so as to project above any of the imaginary airspace described in FAR Part 77 of the FAA guidance on airspace protection.
(9) 
Compliance with National Electrical Code. Building permit applications for wind energy systems shall be accompanied by a line drawing of the electrical components, as supplied by the manufacturer, in sufficient detail to permit a determination that the manner of installation conforms to the National Electrical Code.
(10) 
Utility Notification. No small wind energy system shall be installed until evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.
(11) 
Insurance. Additional insurance beyond homeowners' coverage may not be required.
(12) 
Abandonment. If a wind turbine is inoperable for six consecutive months, the owner shall be notified that they must, within six months of receiving the notice, restore their system to operating condition. If the owner(s) fail to restore their system to operating condition within the six-month time frame, then the owner shall be required, at his expense, to remove the wind turbine from the tower for safety reasons. The tower then would be subject to the public nuisance provisions of the Borough Code and all other Borough ordinances.
(13) 
Signage. All signs, other than the manufacturer's or installer's identification, appropriate warning signs, or owner identification on a wind generator, tower, building, or other structure associated with a small wind energy system, visible from any public road shall be prohibited.
(14) 
Lighting. No illumination of the turbine or tower shall be permitted unless required by the FAA.
(15) 
Access. Any climbing foot pegs or rungs below 12 feet of a freestanding tower shall be removed to prevent unauthorized climbing. For lattice or guyed towers, sheets of metal or wood may be fastened.
C. 
Anaerobic Digesters. Anaerobic digester systems are not permitted within the Borough.
D. 
Geothermal Heating Systems. Geothermal heating systems shall be permitted as an accessory use in all zoning districts and shall be subject to the following regulations:
(1) 
Design and Installation.
(a) 
Only the following types of geothermal energy systems shall be permitted:
[1] 
Closed horizontal loop.
[2] 
Closed vertical loop.
(b) 
Open-loop systems are not permitted within the Borough.
(c) 
The design and installation of geothermal systems and related boreholes for geothermal heat pump systems shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI), the International Ground Source Heat Pump Association (IGSHPA), the American Society for Testing and Materials (ASTM), the Air-Conditioning and Refrigeration Institute (ARI), or other similar certifying organizations, and shall comply with the Uniform Construction Code and with all other applicable federal, state and Borough requirements. The manufacturer's specifications shall be submitted as part of the application.
(d) 
For closed-loop systems, the following shall apply:
[1] 
For all closed-loop geothermal systems relying upon circulating fluids, only nontoxic, biodegradable circulating fluids, such as food-grade propylene glycol, shall be permitted.
[2] 
All horizontal closed-loop systems shall be no more than 40 feet deep.
(2) 
Height and Setback Restrictions. All horizontal closed-loop systems shall be no more than 40 feet deep.
(a) 
Unless otherwise specified, geothermal systems shall be located a minimum distance of 10 feet from any property line.
(b) 
Aboveground equipment associated with geothermal pumps shall not be installed in the front yard of any lot or the side yard of a corner lot adjacent to a public right-of-way and shall meet all required setbacks for accessory structures in the applicable zoning district.
(c) 
Geothermal heating systems for use by more than one property shall be permitted under this chapter with the following conditions:
[1] 
All property owners of the properties on which the multi-property geothermal piping system is located or properties which draw heat or cooling from this system shall provide permanent recorded easements for the installation and maintenance of the system.
[2] 
All properties which utilize the multi-property geothermal system shall be party to an agreement whereby they accept responsibility for the installation and maintenance of the geothermal system.
[3] 
Should the parties included in this agreement decide that the use of the system shall be discontinued, there shall be documentation provided to the Borough showing that the parties are in agreement to the removal of the system.
(3) 
Abandonment. If the geothermal system remains nonfunctional or inoperative for a continuous period of one year, the system shall be deemed to be abandoned and shall constitute a public nuisance. The owner(s) shall remove the abandoned system at their expense after a demolition permit has been obtained and shall be in accordance with the following:
(a) 
The heat pump and any external mechanical equipment shall be removed.
(b) 
Pipes or coils below the land surface shall be filled with grout to displace the heat transfer fluid. The heat transfer fluid shall be captured and disposed of in accordance with applicable regulations. The top of the pipe, coil or boring shall be uncovered and grouted.
E. 
Outdoor Wood-Fired Boilers. Outdoor wood-fired boilers (OWB) are not permitted within the Borough.
[Ord. 1159, 9/11/2014]
1. 
Group homes are facilities which are designed or used as a residence for not more than five persons, not necessarily related by blood, marriage, adoption, or legal guardianship, who, because of their physical or emotional condition, or their social or interpretation skills, otherwise would limit, inhibit, or prevent their ability to function as useful or productive members of society. All such group homes shall be provided with supported services through a licensed social service agency. Group homes are subject to the following regulations:
A. 
A full-time resident manager is required to live on the premises.
B. 
The facility must be officially inspected by the Pennsylvania Department of Welfare or other state department with oversight of the facility.
2. 
All group homes shall comply with the following general standards and requirements, which the applicant bears the burden of establishing in pursuing its special exception application:
A. 
A site plan or land development plan shall be accurately prepared for a proposed group home. The site plan or land development plan shall show the location and the dimensions of the group home, off-street parking areas, private entrances, walkways, fencing and landscaping. These plans shall show the dimensions, intended use and square footage of each room and storage area within the group home.
B. 
One off-street parking space shall be provided per employee, computed on the basis of the estimated maximum number of employees that could be present at any given time, plus one space for every four residents within the group home. Garage space shall not be used in calculating off-street parking.
C. 
No more than two live-in employees or supervisors shall reside in a group home.
D. 
The residential exterior appearance of the structure and premises shall be maintained. No external alterations, additions, or changes to the exterior of the structure are permitted, except as may be required by the Pennsylvania Department of Welfare or other governmental agency, or as may be needed for safety reasons or to accommodate the physically handicapped. When the group home is abandoned, the dwelling shall be restored to its prior dwelling unit status.
E. 
There shall be no more than one kitchen or cooking facility (with the exception of facilities existing as of the date of this chapter that contain more than one kitchen or cooking facility). Meals shall be served to employees, residents and visitors only. No separate cooking facilities are permitted for any occupant.
F. 
The applicant shall provide documentation to the Borough Code Enforcement Officer, Sewage Enforcement Officer and Zoning Officer that the group home complies with all sewer, water, building, fire, plumbing, heating, electrical and similar facilities and that the same meets the applicable standards established by the Borough of Shillington Code and by the Commonwealth of Pennsylvania.
G. 
The applicant shall provide documentation to the Code Enforcement Officer and Zoning Officer that the group home has been licensed as a group home by the Pennsylvania Department of Public Welfare and shall meet all current DPW regulations, including those standards governing indoor space and applicable state and local building and fire safety codes. The applicant shall maintain a current and valid license as a group home from the DPW.
H. 
Although live-in supervision is not mandatory, the applicant shall provide evidence and documentation to the Borough that it will provide the residents of the group home with the physical safety and emotional support that is required. Immediate contact with a manager or supervisor of the agency or operator of the group home shall be available 24 hours per day, seven days per week, to the authorized representatives of the Borough. The applicant shall further provide evidence to establish that its proposed group home, its facilities and its operation will neither cause a direct threat to the public health, safety or welfare nor constitute a direct threat to the safety of the nearby residents or properties.
I. 
No group home shall have more than 14 residents at any given time period, not including the live-in supervisors and employees. As a reasonable accommodation as set forth in the Federal Fair Housing Amendments Act, 42 U.S.C. § 3601 et seq., and in order to enable persons with handicaps equal access to housing, the Zoning Hearing Board may grant a reasonable accommodation, as defined in this chapter, from this provision.
J. 
An emergency management plan must be developed in the event of a catastrophic event resulting from flooding, fire, snow, ice, earthquake, utility outage or other catastrophic event. The emergency management plan should be submitted to the Borough Emergency Management Coordinator for review and consideration prior to the issuance of the use and occupancy permit. The owner and operator of the group home shall provide a copy of the emergency management plan to the social workers and tenants of the group home.
[Ord. 1159, 9/11/2014]
1. 
The occupancy of a dwelling shall be regulated by the definition of "family."
2. 
A student home shall meet the same regulations as apply to the type of dwelling unit, in addition to the student home regulations.
3. 
The owner of any existing student home shall register its location with the Zoning Officer. Failure to register will be cause for eviction.
4. 
All student homes are subject to the provisions of the Borough's Rental Ordinance [Chapter 11, Part 1].
5. 
Where a student home is lawfully nonconforming because it is occupied by three or fewer college or university students, the use shall only be allowed to continue in such nonconforming manner if the owner registers such nonconformity with the Zoning Officer within 60 days after the enactment of this chapter or the amendment that made the use nonconforming.
6. 
For all new student housing, the zoning application shall include a site plan and architectural plans, drawn to scale. All new student housing plans and all applications to register existing student housing with the Zoning Officer shall also demonstrate the location and dimensions of off-street parking, private entrances, and walkways, the dimensions and square footage of each room and storage space and shall indicate the intended use of each room.
7. 
The housing arrangement must meet the standards for the Borough of Shillington building, housing and fire codes as required for residential rental properties. The owner must verify to the Zoning Officer on an annual basis that the building meets all of the plumbing, electrical, heating, building, fire and similar standards set by the Borough and the Commonwealth of Pennsylvania.
8. 
The owner of any student housing dwelling must be able to demonstrate to the Zoning Officer each year that there is sufficient off-street parking to allow for one space per each occupant. Student housing units are limited in occupancy to one off-street parking space per student/occupant of the dwelling unit. In the event an existing student home is nonconforming as it relates to parking criteria, the owner shall have one year from the adoption of this chapter to demonstrate parking that complies with this chapter.
9. 
No cooking facilities of any kind shall be located in any room except the central kitchen.
10. 
Every bedroom shall be at least 70 square feet of floor area, and there shall be no more than two occupants per bedroom.
11. 
No basement or cellar shall be used as a habitable bedroom unless appropriate relief is granted pursuant to the Borough Rental Ordinance.
12. 
No student home shall be located within 500 linear feet of any other lot on which is established a student home, except by variance, measured by the shortest distance between the two lots where the proposed student home is located (including, but not limited to, each existing student home use located in any district which is of a different designation that the district in which the new student home use is proposed).
13. 
A single-family detached dwelling used as a student home shall have a floor area of at least 1,000 square feet, exclusive of basements, garages and accessory buildings.
14. 
A student home shall meet the area and bulk requirements for the type of dwelling in the applicable zoning district where such use is proposed.
15. 
The owner of a student home, or the agent or manager of the student home, shall annually register the student home per the provisions of the Borough Rental Ordinance.
16. 
Except as noted above relative to nonconformities, student housing shall not be permitted in any zoning district except as explicitly set forth in this chapter.