Article V District Regulations

In the interest of the public health, safety and welfare, the regulations of the Conservation District are designed and intended to protect areas in the Borough for the preservation of the natural environment and to permit and encourage the retention of open land which will be so located and designed as to constitute a harmonious and appropriate part of the physical development of the Borough as provided for in the Adamstown Borough Comprehensive Plan. The soils in these areas are predominantly floodplain, wet and/or shallow soils. And these districts contain open areas of streams, creeks and drainageways. These districts are established to preserve the areas along streams which are subject to flooding from encroachments that will impair their usefulness as natural drainageways.

The specific intent of the district is:

To combine with present regulations certain restrictions made necessary for areas consisting of floodplain, wet and/or shallow soils.

To prevent the erection of structures in areas unfit for human usage by reason of drainageways from flooding.

To minimize danger to the public health by protecting the water supply and promoting safe and sanitary drainage.

To reduce the financial burdens imposed upon the community, the governmental units, and its individuals.

To permit only those uses in the conservation areas compatible to the preservation of natural conditions which are conducive to the maintenance of unimpeded flow of floodwaters, constant rates of water flow throughout the year by:

Withholding rapid water runoff contributing to downstream flooding; and

Providing area for groundwater absorption for maintenance of the subsurface water supply.

To provide sufficient drainagecourses to carry abnormal flows of stormwater in periods of heavy precipitation.

Permitted uses. The following uses are permitted in the Conservation (CONS) District:

Cultivation and harvesting of crops according to recognized soil conservation practices.

Pasture, grazing land.

Outdoor plant nursery.

Recreational uses, such as park, day camp, picnic grove, campground, golf course, hunting, fishing and boating club, excluding structures, dwellings or vehicular dwellings.

Forestry, lumber and reforestation, excluding storage and mill structures.

Harvesting of any wild crop, such as marsh hay, ferns, moss, berries, or wild rice.

Game farm, fish hatchery (excluding rearing structures), hunting and fishing reserves.

Wildlife sanctuary, woodland preserve, arboretum.

Outlet installations for sewage treatment plants, sealed public water supply wells.

Accessory uses customarily incidental to any of the above-permitted uses.

Special exception uses. The following uses are permitted when special exceptions are granted by the Zoning Hearing Board as provided for in Article XII and other provisions of this chapter:

To be permitted by special exception in areas designated special flood hazard areas on Federal Insurance Administration Flood Hazard Boundary Maps and in areas containing alluvial soils as shown in the Soil Survey of Lancaster County, Pennsylvania, prepared by the U.S. Department of Agriculture Natural Resources Conservation Service, are the following:

Residential front, side, and/or rear yards and uses customarily incidental thereto, except that no structure shall be permitted. Inclusion of open space lands within the residential lots in order to meet minimum lot area or yard requirements is contingent upon complying with the objectives and standards set forth in the intended purpose (Subsection A) and with other pertinent Borough regulations. If such compliance cannot be shown, the land area within the open space district shall not be calculated for purposes of determining lot areas or yard requirements.

Nonpaved parking lots where required by the regulations for any other class of district.

Front, side and/or rear yards of any other class of district, except that an area so utilized shall not be inconsistent with the objectives and standards set forth in the intended purpose (Subsection A) and with any other pertinent Borough regulations.

Within planned unit residential developments it shall be possible to utilize Conservation (CONS) District lands in calculating the total units for the entire tract in accordance with the provisions contained within the planned unit residential section of this chapter.

To be permitted by special exception in areas not designated special flood hazard areas on Federal Insurance Administration Flood Hazard Boundary Maps and areas not containing alluvial soils are the following:

Single-family detached dwellings, provided that the dwelling shall be connected to and use public sanitary sewage for disposal of all wastewater generated on the lot. The public sanitary sewage system shall be the sewage collection, conveyance and treatment facilities owned and operated by the Borough or such other public sewage collection, conveyance and treatment system approved by the PADEP. No dwelling shall use an individual on-lot sewage disposal system.

Customary residential accessory uses, subject to §§ 320-34 and 320-35 of this chapter.

Nonpaved parking lots where required by the regulations for any other class of district.

Within planned unit developments it shall be possible to utilize Conservation (CONS) District lands in calculating total units for the entire tract in accordance with the provisions contained within the planned unit residential development section of this chapter.

Communications antenna mounted on an existing public utility transmission tower, building or other structure, including existing communications towers and communications equipment buildings, subject to the requirements of § 320-62 of this chapter.

Communications tower and communications equipment buildings, subject to the requirements of § 320-63 of this chapter.

Lot area, width, depth, height and yard requirements. Each of the following dimensional requirements shall apply to each use in the Conservation (CONS) District, except as specifically provided for elsewhere in this chapter.

Minimum lot area: three acres.

Minimum lot width: 250 feet.

Minimum front yard: 60 feet in depth.

Minimum side yard: 50 feet in depth (each).

Minimum rear yard: 50 feet in depth.

Maximum lot coverage: 4% covered by buildings and structures.

Maximum paving coverage: 3% covered by paving.

Maximum height: 35 feet, except as provided for in § 320-26.

Supplementary district regulations. The supplementary district regulations in Article VI shall apply, where applicable, as additional requirements for this district.

Minimum off-street parking and loading requirements. Off-street parking and loading shall be provided for in accordance with Article VIII of this chapter.

Signs and advertising structures. Signs shall be permitted in accordance with Article IX of this chapter.

Planning Commission approval. All plans for structures within a distance of 100 feet from the Conservation (CONS) District and all plans for the development of a recreation or utility use within or adjacent to the district shall be approved by the Borough Planning Commission.

Exceptions. To determine the exact extent and nature of areas susceptible to potential problems of flooding, wetness, unbuildability, or pollution in such areas, the Planning Commission may require that a detailed on-site investigation be made. The delineation of the Conservation (CONS) District boundary, as shown on the Soil Maps, can be modified by the Zoning Hearing Board upon receipt of the findings of the detailed on-site survey technique by the petitioner. The Zoning Hearing Board shall act upon the recommendation of the Planning Commission and the validation of the Lancaster County Soil and Water Conservation District and/or other appropriate agencies.

Municipal liability. The granting of a zoning permit or approval of a subdivision plan in any Conservation (CONS) District shall not constitute a representation, guarantee or warranty of any kind by the Borough or by any official or employee thereof of the importance or safety of any structure, use of other plan proposed, and shall create no liability upon or cause of action against such public body, official or employee for any damage that may result pursuant thereto.

§ 320-15 Woodland (W) District.

Intended purpose. The Woodland (W) District is intended and designed to preserve and protect open areas, essential watersheds, and woodlands from intensive development. This district is characterized by sparse residential land uses and contains provisions protecting the woodland, water and wildlife resources from exploitation. Larger minimum lot sizes are indicated because of the environmental constraints. Certain wells serving the Borough's public water supply and distribution system and watershed lands are located within the Woodland (W) District. Recognizing this fact, it is also the intent of the district to regulate development in such a manner that the public interest will be served by lessening the chance of pollution or other damage to the Borough's public water supply.

Permitted uses. The following uses are permitted in the Woodland (W) District:

Cultivation and harvesting of crops according to recognized soil conservation practices.

Pasture, grazing land.

Outdoor plant nursery, orchard.

Recreation uses, such as park, day camp, picnic grove, campground, hunting and fishing, excluding dwelling or vehicular dwellings.

Forestry, lumber and reforestation, excluding storage and mill structures.

Harvesting of any wild crop such as marsh hay, ferns, moss, berries, or wild rice.

Game farm, fish hatchery, hunting and fishing reserves.

Wildlife sanctuary, woodland preserve, arboretum.

Municipal uses.

Accessory uses customarily incidental to any of the above-permitted uses.

Special exception uses. The following uses are permitted when special exceptions are granted by the Zoning Hearing Board as provided for in Article XII and other provisions of this chapter.

In areas designated special flood hazard areas on Federal Insurance Administration Flood Hazard Boundary Maps and in areas containing alluvial soils as shown in the Soil Survey Lancaster County, Pennsylvania, prepared by the U.S. Department of Agriculture Natural Resources Conservation Service:

Residential front, side, and/or rear yards and uses customarily incidental thereto, except that no structure shall be permitted. Inclusion of open space lands within the residential lots in order to meet minimum lot area or yard requirements is contingent upon complying with the objectives and standards set forth in the intended purpose (§ 320-15A) and with other pertinent Borough regulations. If such compliance cannot be shown, the land area within the Woodland (W) District shall not be calculated for purposes of determining lot areas or yard requirements.

Nonpaved parking lots.

Front, side and/or rear yards of any other use except that an area so utilized shall not be inconsistent with the objectives and standards set forth in the intended purpose (§ 320-15A) and with any other pertinent Borough regulations.

In areas not designated special flood hazard areas on Federal Insurance Administration Flood Hazard Boundary Maps and areas not containing alluvial soils:

Customary residential accessory use, subject to §§ 320-34 and 320-35 of this chapter.

Home occupations in accordance with the requirements of § 320-65.

Adult uses, including, but not limited to adult bookstore, adult movie theater, massage parlor and adult live entertainment use, subject to the following regulations.

Purposes. The regulations on adult uses are intended to serve the following purposes, in addition to the overall objectives of this chapter:

[a]

To recognize the adverse secondary impacts of adult uses that affect health, safety and general welfare concerns of the municipality. These secondary impacts have been documented in research conducted across the nation. These secondary impacts typically include, but are not limited to, increases in criminal activity, increases in activities that increase the risk of transmission of sexually transmitted diseases, increases in activities that increase the risk of transmission of other communicable diseases, increases in blight, decreases in the stability of residential neighborhoods, decreases in property values for surrounding homes, and decreases in the marketability of nearby commercial and business space. Research conducted across the nation concludes that adult uses typically involve insufficient self-regulation to control these secondary effects.

[b]

To limit adult uses to locations where these secondary impacts can be minimized, particularly as they affect residential neighborhoods.

[c]

To not attempt to suppress any activities protected by the free speech protections of the U.S. Constitution, but instead to control secondary effects.

No such use shall be located within 500 lineal feet of the lot line of any library, public park, existing dwelling, nor 1,000 lineal feet of the lot line of any primary or secondary school, place of worship, day-care center or child nursery.

No such adult use shall be located within 1,000 lineal feet of any existing adult use.

A fifty-foot buffer yard shall be provided, regardless of zoning district, along the side and rear lot lines. Buffer planting shall meet all requirements set forth in Chapter 265, Subdivision and Land Development, of the Code.

No pornographic material, displays or words shall be placed in view of persons who are not inside of the establishment. Definite precautions shall be made to prohibit minors from entering the premises.

No such use shall be used for any purpose that violates any federal, state or municipal law.

[7]

Signs shall comply with all requirements of Article IX of this chapter.

[8]

The use shall not include the sale or display of obscene materials, as defined by state law, as may be amended by applicable court decisions.

[9]

The structure shall be connected to and use public sanitary sewage for disposal of all wastewater generated on the lot. The public sanitary sewage system shall be the sewage collection, conveyance and treatment facilities owned and operated by the Borough or such other public sewage collection, conveyance and treatment system approved by the PADEP. No structure shall use an individual on-lot sewage disposal system.

[10]

For public health reasons, private or semiprivate viewing booths of any kind are prohibited. This specifically includes, but is not limited to, booths for viewing adult movies or nude dancers.

[11]

No use may include live actual or simulated sex acts or any sexual contact between entertainers or between entertainers and customers.

[12]

Only lawful massages, as defined by court decisions, shall be performed in a massage parlor.

[13]

All persons within any adult use shall wear nontransparent garments that cover their genitals and the female areola, except within a permitted lawful adult live entertainment use.

[14]

Any application for such use shall state the names and home addresses of all individuals intended to have more than a five-percent ownership in such use or in a corporation owning such use and an on-site manager responsible to ensure compliance with this chapter on a daily basis. Such information shall be updated at the beginning of each year in writing to the Zoning Officer.

[15]

The use shall not operate between the hours of 12:00 midnight and 7:00 a.m.

[16]

As specific conditions of approval under this chapter, the applicant shall prove compliance with the following state laws, as amended: the Pennsylvania Liquor Code,[1] Act 219 of 1990[2] (which pertains to sale or consumption of alcohol between 2:00 a.m. and 8:00 a.m.), Act 207 of 1990[3] (which pertains to obscenity) and Act 120 of 1996[4] (which pertains to adult-oriented establishments and which limits enclosed viewing booths, among other matters).

Editor's Note: See 47 P.S. § 1-101 et seq.

Editor's Note: See 18 Pa.C.S.A. § 4117.

Editor's Note: See 18 Pa.C.S.A. § 5903.

Editor's Note: See 68 Pa.C.S.A. § 5501 et seq.

Communications tower and communications equipment buildings, subject to the requirements of § 320-63 of this chapter.

Large wind energy production facilities, subject to the requirements of § 320-71 of this chapter.

[Amended 4-3-2012 by Ord. No. 365]

Lot area, width, depth, height and yard requirements. Each of the following dimensional requirements shall apply to each use in the Woodland (W) District, except as specifically provided for elsewhere in this chapter.

Minimum lot area: three acres.

Minimum lot width: 250 feet.

Minimum front yard: 60 feet in depth.

Minimum side yard: 50 feet in depth (each).

Minimum rear yard: 50 feet in depth.

Maximum lot coverage: 4% covered by buildings and structures.

Maximum paving coverage: 3% covered by paving.

§ 320-16 Low Density Residential (R-1) District.

Maximum height: 35 feet, except as provided for in § 320-26.

Preservation of existing woodlands. Existing wooded areas shall be protected for all residential uses and other land uses. At least 75% of the number of trees which have a minimum trunk caliper of five inches measured three feet above ground that are existing prior to any earthmoving activities requiring a zoning permit shall be maintained or replaced immediately following construction. Replacement trees shall be a minimum caliper of three inches measured three feet above finished grade.

Wellhead protection. The storage, mixture and/or application of regulated substances, including pesticides and fertilizers, shall not occur within a radius of 500 feet from any municipal well.

Supplementary district regulations. The supplementary district regulations in Article VI shall apply, where applicable, as additional requirements for this district.

Minimum off-street parking and loading requirements. Off-street parking and loading shall be provided for in accordance with Article VIII of this chapter.

Signs and advertising structures. Signs shall be permitted in accordance with Article IX of this chapter.

Intended purpose. The regulations for the R-1 Low Density Residential District are designed to provide an area in the Borough where single-family detached dwellings can be developed at an overall density of one dwelling unit per acre or less. This district is also designed to allow limited recreational development. Further, this district is recognized to contain areas of steep slope which need regulation for protection and preservation from development activities.

Permitted uses.

Single-family detached dwellings.

Single-family detached dwellings with lot averaging.

Forestry activities, subject to the conditions listed in § 320-53 of this chapter.

Customary accessory uses or structures customarily incidental to any of the above-permitted uses, including:

Private garages.

No-impact home-based businesses, subject to the conditions listed in § 320-68 of this chapter.

Special exception uses. The following uses are permitted when special exceptions are granted by the Zoning Hearing Board as provided for in Article XII and other provisions of this chapter:

Uses which, in the opinion of the Board, are of the same general character as those listed as permitted uses and which will not be detrimental to the intended purpose of the Low Density Residential District.

Recreational uses open to the public, such as parks, picnic groves and campgrounds, including permanent structures, subject to the following requirements:

Miniature golf, video arcades and similar activities shall not be permitted as either a principal or accessory use.

Target ranges for indoor or outdoor shooting shall not be permitted as either a principal or accessory use.

Taverns and restaurants shall not be permitted as either a principal or accessory use.

Recreational uses and areas and structures operated by private membership clubs for the benefit of their members, subject to the limitations of Subsection C(1).

Bed-and-breakfast inns, subject to the conditions listed in § 320-60 of this chapter.

Necessary public utility/municipal structures and buildings.

Mobile home parks, subject to the conditions listed in § 320-67 of this chapter.

Lot area, width, depth, height and yard requirements – without lot averaging.

Each of the following dimensional requirements shall apply to each use in the Low Density Residential (R-1) District, except single-family detached dwellings employing lot averaging, and except as specifically provided for elsewhere in this chapter.

Minimum lot area: one acre.

Minimum lot width: 100 feet.

Minimum lot depth: 150 feet.

Minimum front yard: 50 feet in depth.

Minimum side yard: 15 feet in depth (each).

Minimum rear yard: 30 feet in depth.

Maximum lot coverage: 25% covered by buildings and structures.

Maximum height: 35 feet, except as provided for in § 320-26.

§ 320-17 Medium Density Residential (R-2) District.

The development of single-family detached dwellings employing lot averaging shall comply with the requirements of § 320-66.

Preservation of existing woodlands. Existing wooded areas shall be protected for all residential uses and other land uses. At least 50% of the number of trees which have a minimum trunk caliper of five inches measured three feet above ground that are existing prior to any earthmoving activities requiring a zoning permit shall be maintained or replaced immediately following construction. Replacement trees shall be a minimum caliper of two inches measured three feet above finished grade.

Application for development of tracts where 50% or more of the tract has a slope in excess of 20% shall be limited to the removal of no more than 25% of the vegetative cover.

Supplementary district regulations. The supplementary district regulations in Article VI shall apply, where applicable, as additional requirements for this district.

Minimum off-street parking and loading requirements. Off-street parking and loading shall be provided for in accordance with Article VIII of this chapter.

Signs and advertising structures. Signs shall be permitted in accordance with Article IX of this chapter.

Intended purpose. The regulations for the R-2 Medium Density Residential Districts are designed to protect and strengthen the characteristics of certain areas in the Borough where the development pattern has already been established with single-family residential dwellings of a minimum density character and to allow for the development of new districts of similar character where appropriate.

Permitted uses. Land and buildings in an R-2 Medium Density Residential District shall be used only for the following purposes:

Single-family detached dwellings.

Single-family detached dwellings with lot averaging.

Churches and similar places of worship.

Nursery, kindergarten, elementary schools, community activity buildings, parks and playgrounds.

Customary accessory uses and buildings incidental to any of the above-permitted uses, including:

Private garages.

No-impact home-based businesses, subject to the conditions listed in § 320-68 of this chapter.

Forestry activities, subject to the conditions listed in § 320-53 of this chapter.

Special exception uses. The following uses are permitted when special exceptions are granted by the Zoning Hearing Board as provided for in Article XII and other provisions of this chapter:

Uses which, in the opinion of the Board, are of the same general character as those listed as permitted uses and which will not be detrimental to the intended purpose of the Medium Density Residential District.

Recreation areas and structure operated by membership clubs for the benefit of their members.

Cemeteries, hospitals, clinics and convalescent homes.

Necessary public utility structures and buildings.

Planned unit residential developments, subject to the conditions listed in § 320-69 of this chapter.

Home occupations, subject to the conditions listed in § 320-65 of this chapter.

Lot area, width, depth, height and yard requirements.

Each of the following dimensional requirements shall apply to each use in the Medium Density Residential (R-2) District, except single-family detached dwellings employing lot averaging, and except as specifically provided for elsewhere in this chapter.

Minimum lot area: 6,000 square feet.

Minimum lot width: 60 feet at the building line.

Minimum lot depth: 100 feet.

Minimum front yard: 25 feet in depth.

Minimum side yard: 10 feet in depth (each).

Minimum rear yard: 25 feet in depth.

Maximum lot coverage: 35% covered by buildings and structures.

Maximum height: 35 feet, except as provided for in § 320-26.

§ 320-18 Main Street Residential (R-3) District.

The development of single-family detached dwellings employing lot averaging shall comply with the requirements of § 320-66.

Supplementary district regulations. The supplementary district regulations in Article VI shall apply, where applicable, as additional requirements for this district.

Minimum off-street parking and loading requirements. Off-street parking and loading shall be provided for in accordance with Article VIII of this chapter.

Signs and advertising structures. Signs shall be permitted in accordance with Article IX of this chapter.

Intended purpose. The R-3 Main Street Residential District is composed of the older portions of the Borough with the highest residential densities. This area contains a compatible mingling of single-family detached, semidetached and row house (townhouse) dwelling units. This area also historically contained numerous commercial activities as well. The regulations for this district are designed to stabilize and protect the essential characteristics of the district, to allow for compatible business uses and to encourage a suitable environment for family life.

Permitted uses. Land and buildings in an R-3 Main Street Residential District shall be used only for the following purposes:

Single-family detached dwellings.

Single-family semidetached or two-family dwellings.

Churches and similar places of worship.

Nursery, kindergarten, elementary schools, community activity buildings, parks and playgrounds.

Municipal uses.

Public uses.

Necessary public utility structures and buildings.

Home occupations in accordance with the requirements of § 320-65.

Any retail business whose principal activity is the sale of merchandise in an enclosed building, excepting uses such as the following which tend to detract from or interfere with such shopping activity: automobile sales and service, car washes and the like.

Retail sales in which both a workshop and a retail outlet or showroom are required, such as plumbing, electrician, interior decorating, dressmaking, tailoring, upholstering, photographic reproduction, and similar establishments of no more objectionable character, subject to the following provisions: not more than 25% of the total usable floor area of the establishment shall be used for servicing, repairing, manufacturing, or processing activity.

Restaurants and other establishments serving food and beverages except those having the character of a drive-in type.

(12)

Enclosed theaters, assembly halls and similar places of assembly for entertainment.

(13)

Personal service shops which deal directly with consumers, offices and establishments.

(14)

Other uses which are similar to the above nonresidential uses and subject to the following regulations:

All business establishments shall be retail or service establishments dealing directly with consumers.

All businesses' servicing and processing, except for off-street parking and loading, shall be conducted within enclosed buildings.

(15)

Forestry activities, subject to the conditions listed in § 320-53 of this chapter.

(16)

Customary accessory uses and buildings incidental to any of the above-permitted uses, including:

Private garages.

No-impact home-based businesses, subject to the conditions listed in § 320-68 of this chapter.

Special exception uses. The following uses are permitted when special exceptions are granted by the Zoning Hearing Board as provided for in Article XII and other provisions of this chapter:

Townhouses and apartment buildings.

Recreation areas and structures operated by membership clubs for the benefit of their members.

Cemeteries, hospitals, clinics and convalescent homes.

Uses which, in the opinion of the Zoning Hearing Board, are of the same general character as those listed as permitted uses and which will not be detrimental to the intended purpose of the Main Street Residential District.

Lot area, width, depth, height and yard requirements. Each of the following dimensional requirements shall apply to each use in the Main Street Residential (R-3) District, except as specifically provided for elsewhere in this chapter.

Minimum lot area.

Single-family detached dwelling units: 4,000 square feet.

Single-family semidetached and two-family dwelling units: 3,000 square feet per dwelling unit.

Apartment buildings: 10,000 square feet for the first dwelling unit and an additional 2,000 square feet for each additional unit.

Townhouse (row house) unit: 2,400 square feet.

Nonresidential uses: 6,000 square feet.

Minimum lot width.

Single-family detached and two-family dwelling units: 40 feet at the building line.

Single-family semidetached dwelling units: 30 feet at the building line (each unit).

Apartment buildings: 100 feet at the building line.

Townhouse (row house) unit: 20 feet at the building line.

Nonresidential uses: 40 feet at the building line.

Minimum lot depth: 100 feet.

Minimum front yard. The front wall of any new building or structure shall not be located farther from the street than the front wall of the nearest existing adjacent building or structure in the R-3 District.

Minimum side yard(s).

Single-family detached and two-family dwellings. There shall be two side yards, each having a minimum width of three feet.

Single-family semidetached dwellings. There shall be one side yard having a minimum width of three feet for each dwelling unit.

Apartments. There shall be two side yards, each having a minimum width of five feet.

Townhouses (end units). There shall be one side yard having a minimum width of three feet.

Nonresidential uses. There shall be one side yard having a minimum width of five feet on each side of the building that is not a common party wall.

Minimum rear yard: 25 feet in depth.

Maximum lot coverage.

All residential uses: 50% covered by buildings and structures.

Nonresidential uses: 75% covered by buildings and structures.

Maximum height. No principal structure shall exceed three stories in height, except as provided for in § 320-26.

Supplementary district regulations. The supplementary district regulations in Article VI shall apply, where applicable, as additional requirements for this district.

Minimum off-street parking and loading requirements. Off-street parking and loading shall be provided for in accordance with Article VIII of this chapter.

Signs and advertising structures. Signs shall be permitted in accordance with Article IX of this chapter.

§ 320-19 Mixed Use (MU) District.

Intended purpose.

The principal purpose of the Mixed Use (MU) District is to encourage the implementation of diverse but compatible land uses, such as a mixture of residential, office, retail, recreational, tourist-related, craft-related and similar uses in a manner in which the uses complement each other. All developments in the Mixed Use (MU) District shall be subject to plan review through the conditional use plan review process. In utilizing the plan review process, the regulations of this district encourage planned locations containing appropriate densities, height and mixture of uses for new residential and commercial uses. The regulations recognize that areas in and near the Borough already cater to tourists who make use of existing antique and flea market facilities. Provisions in this district will complement those existing facilities by providing housing for the proprietors and patrons of those facilities, by providing services for the facilities, proprietors and patrons as well as by providing compatible commercial, trade and craft facilities. Among the services offered may be lodging arrangements commonly referred to as "bed-and-breakfast" facilities or small country inns. Additional purposes of the district are to encourage the preservation of existing natural features, including woodlands and natural waterways, and to serve as a buffer to adjacent residential uses. The regulations in this district also seek to encourage sufficient allocation of land and design of pedestrian and vehicular circulation patterns to meet the objective of providing an efficient, well-planned area.

The MU District encourages the creation of planned developments where residents of the Borough will both live and work. This will seek to decrease the demands placed on existing public service facilities during normal commuter hours.

All MU Districts shall be mapped and the regulations applied to certain selected geographic areas intended to carry out the purposes of the Borough's Comprehensive Plan and the purposes of this district.

Conditional uses. All developments in the Mixed Use (MU) District are subject to approval as a conditional use. It is the intent of these regulations that there shall be no uses permitted as of right nor shall there be any uses permitted by special exception. Land and buildings in the Mixed Use (MU) District shall be used only for a combination of the following:

Residential uses.

Dwellings, including single-family detached, single-family semidetached, two-family, townhouse and apartment dwellings, provided that the minimum size of any residential unit shall be 800 square feet and that no more than 80% of the residential units in any one development shall be apartments and/or townhouses.

In this district only, dwellings may be used as pensiones, subject to the following limitations:

During the conditional use approval process, the applicant shall designate the maximum number of pensiones and the maximum number of bedrooms which will be made available for rental in such pensiones. No more than 80% of the dwellings in a mixed use development may be used as pensiones.

No dwelling may be used as a pensione unless there will be at least one permanent occupant and at least 800 square feet of living space is designated for the exclusive use of the permanent occupant or occupants.

The first floor of a dwelling used as a pensione may have commercial space. Off-street parking for the commercial space shall be provided in accordance with § 320-19C(8)(b). Such off-street parking shall be in addition to the off-street parking for the dwelling unit and the pensione bedrooms.

The applicant for a zoning permit to authorize construction of the dwelling unit shall designate whether the dwelling unit shall be used as a pensione. The applicant shall demonstrate to the Zoning Officer that the maximum number of dwelling units approved for use as pensiones and the maximum number of bedrooms approved for pensione use in the conditional use approval has not been exceeded and that off-street parking as required by § 320-19C(8)(c) will be provided.

A dwelling unit which is not a pensione cannot be used as a pensione until the owner obtains a zoning permit authorizing such use. The applicant for a zoning permit to convert a dwelling unit to pension use shall demonstrate to the Zoning Officer that the maximum number of dwelling units approved for use as pensiones and maximum number of bedrooms approved for pensione use in the conditional use decision will not be exceeded by the conversion and that off-street parking as required by § 320-19C(8)(c) will be provided.

Accessory uses customarily incidental to those listed above.

Commercial uses.

Stores and personal service shops for the conducting of retail businesses.

Specialty shops for custom work and articles to be sold at retail or wholesale on the premises, provided that shops engaging in wholesale sales shall not exceed 5,000 square feet in area.

Restaurants and other establishments serving food and beverages.

Liquor stores or wine stores.

Studios for teaching handcraft, artistic, musical or other similar skills.

Offices for providing medical, dental, real estate, accounting or legal services, provided that no more than three individuals who are the principal doctors, dentists, real estate sales people, accountants or lawyers, whichever the case may be, together with their support staff, may practice on the premises at any one time.

Hotels or inns, provided that no facility shall have more than 12 rooms or other units of accommodation for patrons.

Workshops for artisans and craftspersons.

(i)

Accessory uses that are both customarily incidental to those above-listed and which are reasonably necessary for the planned development of which such uses are a part.

Specific standards governing all mixed use development. It is the intent of these regulations of this section to establish all specific standards governing developments in the Mixed Use (MU) District. In the event that other provisions of this chapter establish standards which are different from those set forth in this section, the regulations set forth in this section shall supersede the conflicting provisions in the other provisions of this chapter.

Mix of uses. All development in the MU District shall have a mix of uses meeting the following standards. Each proposal shall include an analysis of the commercial use ratio. The commercial use ratio shall be calculated by dividing the total floor area devoted to commercial uses by the total floor area of all buildings. For purposes of determining this ratio, all open or enclosed courtyards and partially or fully enclosed pedestrian walkways shall be excluded from both the numerator and the denominator in the calculation. Pavilion areas which are intended to be open to the public but which may, from time to time, have commercial activities located therein, shall be excluded from both the numerator and the denominator in the calculation. The floor area of bedrooms and common areas in a pensione shall be counted as residential floor area and not as commercial floor area.

The maximum commercial ratio for the development as a whole and for each phase, in a phased development, shall be 40%.

Within a contiguous group of buildings having at least 10,000 square feet of aggregate floor area, the maximum commercial ratio within that contiguous group of buildings shall be 60%.

Minimum lot area. Every mixed use development shall be on one lot containing a minimum of 10 acres.

Landscaping.

Landscape surface ratio. The percentage of the area of land devoted to pervious landscaping and plant containers divided by the area of the lot shall be no less than 20%. In calculating the landscape surface area ratio required for a mixed use development, every acre or portion of an acre of land containing natural amenities which are preserved shall be considered to be twice its actual area. The natural areas to be considered shall be limited to woodlands, natural waterways, sites which are historically significant and areas having unique geological features or which are habitats for rare or endangered plant or animal species. In addition to landscaping areas on site, the owner of a proposed mixed use development may offer to dedicate to the Borough or another appropriate public body off-site open space area meeting the requirements for a landscape area, which, if accepted by the Borough, shall count toward the required landscape surface ratio by counting in both the numerator and the denominator. Off-site areas which are so accepted and which meet the above requirements for natural areas shall be considered to be twice their actual area in the same manner as on-site natural areas.

Landscape materials. Landscaping materials shall include, but not be limited to, a combination of ground covers, shrubs, vines, flowers, deciduous trees, evergreens, planters, rocks, gravel, earth mounds, fences, fountains and park or sidewalk type furniture such as benches. No less than 80% of any required landscape area shall be vegetative.

Green space for setbacks. There shall be no minimum front yard, side yard or rear yard setbacks for the proposed development, provided that green space shall be provided for a depth of 15 feet along the perimeter of the entire lot. The green-space requirement may be waived or modified if the lot or lots to which it would be adjacent are included in the overall plan for the project and the uses in the lot or lots are complementary to the uses planned for the project.

Landscape screening. A landscape screen shall be provided along all property lines adjacent to residential areas. Screening shall consist of walls, fences, earth berms or evergreen trees, hedges or shrubs. No wall or fence shall be constructed of woven chain link, corrugated metal, corrugated fiberglass or similar materials. Screening shall be arranged to block the ground-level views between grade and the height of six feet. Landscape screens shall achieve such visual blockage within two years following installation. Trees, hedges and shrubs selected to provide screening shall be typical of their species and variety, have well-developed branches, be densely foliated and have vigorous, fibrous root systems. Any tree, hedge or shrub which dies within 18 months of planting shall be replaced.

Density. The maximum floor area ratio for every development shall be 40%. The floor area ratio means the ratio, expressed as a percentage, of gross floor area, excluding storage areas, to the total lot area. In equation form, the floor area ratio is expressed as follows:

Floor area ratio = gross floor area/lot area

Maximum height. No building or structure intended for human occupancy shall exceed the lesser of four stories or 45 feet, including attic areas but not including towers, belfries, flagpoles, skylights, chimneys or similar architectural features not intended for human occupancy.

Utilities.

Every mixed use development shall be served by both public water and public sewer.

Every mixed use development shall have adequate electrical service.

All trash and waste stored outside of a building shall be placed in containers which shall be located in an enclosed or visually screened area. If screened, the screening shall be accomplished by either vegetative material or a fence meeting the requirements for landscape screening set forth above.

Public improvements. All public improvements and public amenities, including stormwater management facilities, sanitary sewer lines, public waterlines, streets, curbs and pedestrian walkways shall meet the standards of the Borough or of the municipal authority or other body having jurisdiction and shall be completed or sufficient financial security submitted to secure their completion before any building permits are issued for any other structures. In the event of a phased development, it shall be demonstrated that such public utilities and public amenities as are reasonably necessary for the efficient operation of the entire project shall be installed prior to the occupancy of individual residential, commercial or recreational units.

Parking.

Residential. Two parking spaces shall be provided for every dwelling unit. All residential parking areas shall be located separate and apart from commercial parking spaces.

Commercial. One parking space shall be provided for every 300 square feet of gross floor area of commercial space. Solely for the purpose of determining parking requirements, the floor area of wholly or partially enclosed pavilion areas which may, from time to time, have commercial activities located therein, shall be included in the gross floor area used to calculate commercial parking requirements.

Residential units used as pensiones. One off-street parking space shall be provided for every bedroom designated for guests in a dwelling unit authorized to be used as a pensione in addition to the off-street parking spaces required for the dwelling unit itself by § 320-19C(8)(a). The parking spaces available for pensiones may but need not be located separate and apart from commercial parking spaces. The location may be designated as part of a conditional use approval or the location may be designated by the Zoning Officer in connection with the issuance of a zoning permit or certificate of use and occupancy so as to ensure that parking is located within a reasonable distance of the pensione.

Use of parking areas limited to parking. The areas designated for parking shall be limited to use for parking and for vehicular access to the parking areas. Such areas shall not be used for display of goods or retail sales of any nature.

Vehicular access. All parking facilities shall be designed so that every vehicle may proceed to and from any parking space without requiring the moving of another vehicle. All parking areas shall be designed so as to provide for the safe, efficient movement of traffic with the least amount of congestion. Principal vehicular access shall be separated from principal pedestrian access. All principal vehicular access points shall be designed to encourage smooth traffic flow and minimize hazards to vehicular and pedestrian traffic.

Pedestrian access. All mixed use developments shall have sufficient and adequate pedestrian walkways. It is the intent of this district that the project be designed so as to encourage the establishment of main parking areas where individuals park their motor vehicles and then walk to the development. Once inside the development, adequate and safe interior pedestrian access shall be provided to all commercial uses.

Natural amenities. All mixed use developments shall be designed insofar as practical to preserve existing wooded areas, natural waterways, ponds, lakes and wetlands.

(12)

Signs. Each mixed use development shall have no more than one identification sign for every separate public street on which the development fronts. Each identification sign may have no more than two faces, and each face shall not exceed 80 square feet in area. Each separate commercial use shall be entitled to one sign containing no more than two sign faces, and each face shall not exceed three square feet in area. The individual commercial sign shall be either attached directly to the face of the commercial structure or erected perpendicular to the face of the commercial structure.

(13)

Phased development. In the event that a development is planned to be constructed in phases, the following standards shall be adhered to:

The number of phases and intensity of each phase shall comply with the standards of the Pennsylvania Municipalities Planning Code.

The public improvements and other public amenities required as a part of each phase, including, but not limited to, streets, open space, landscaping and stormwater management facilities, shall be capable of standing as a separate development without completion of the remaining phases.

(14)

Retail sales and display located outside of stores, shops, studios and workshops. Within the Mixed Use (MU) District, the display and sale of goods which are permitted by the terms of this chapter shall be limited to the stores, shops, studios and workshops which are permitted by this chapter and to pavilion areas and areas adjacent to the above-described buildings subject to the following limitations:

As to pavilion areas, such use of the pavilion areas must be: a) specifically approved as part of an application; b) must be a permanent structure under roof; and c) must not exceed 10% of all floor area devoted to commercial use.

As to sales and display permitted outside stores, shops, studios and workshops, such sales and display are limited to within five feet of those named buildings and must be operated by the proprietor of the particular store, shop, studio or workshop.

(15)

Administration of pensiones. The owner of each residential unit approved to be used as a pensione shall designate the permanent principal occupant of the pensione at the time of issuance of the certificate of use and occupancy. The owner shall notify the Zoning Officer each time the permanent principal occupant of the pensione changes by filing the form prescribed by the Zoning Officer. The owner of the pensione shall pay the administrative fee established by ordinance or resolution of the Borough Council when filing the form to designate a new permanent principal occupant.

Procedure for all conditional uses in the Mixed Use (MU) District.

Where Borough Council, in this chapter, has stated conditional uses to be granted or denied by the Borough Council pursuant to express standards and criteria, the Borough Council shall hear and decide requests for such conditional uses in accordance with the procedure outlined in this section. In granting a conditional use, the Council may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this chapter.

The Borough shall schedule the application for action at a public meeting within 90 days of its first regularly scheduled public meeting after the date of filing. At least 30 days prior to the public hearing on the application for conditional use, Borough Council shall submit the application and plan to the Borough Planning Commission for review and comment.

All applicants for a conditional use shall submit 12 sets of sketch plans for the proposed use to Borough Council as a part of the application for a conditional use. The sketch plan shall provide the following:

A statement describing the proposed use.

A location map showing the entire tract and its relation to the surrounding area, drawn on a scale of 2,000 feet per inch.

The location of all existing floodplains, wetlands, watercourses, railroads, areas of subsidence, wooded areas (marking any wooded areas to be cleared), bridges, culverts, and other significant natural features on the tract.

The location of all streets bordering the tract and the location and names of all owners of adjoining tracts.

Location of all proposed land uses.

Size and intensity of use data, including the number of residential or commercial units, lot size, the number and types of dwelling units, and the floor area ratio.

[7]

The location and arrangement of all open spaces and yards, landscaping and buffer yards.

[8]

The location, size (numbers shown), arrangement and capacity of all areas to be used for motor vehicle access, off-street parking, off-street loading and unloading.

[9]

The location and dimensions of pedestrian walkways.

[10]

Provisions to be made for the treatment and disposal of sewage and industrial wastes and for water supply. The applicant shall demonstrate that the proposed methods of disposal of sewerage and provision of water are adequate and feasible.

[11]

Site contours at two-foot intervals.

[12]

Zoning districts and applicable area, bulk and yard requirements.

[13]

Certification by the person who prepared the sketch plan.

[14]

Certification of ownership and acknowledgment of plans signed by owner or developer.

All applicants for a conditional use shall provide a traffic study and report prepared by a professional traffic engineer for all phases of the development. Such traffic study and report shall have the following minimum considerations:

A description of the traffic impact area, including such areas, major roads and potential trip generation rates to be determined by current land use planning references. The traffic area shall include key roadway corridors that afford access to the site and critical intersections that may be affected by site-generated traffic. The exact limits of the traffic area shall be based on engineering judgment and on understanding of existing traffic conditions at and in the vicinity of the proposed site. In all instances, the traffic area must be mutually agreed upon by the applicant and Borough prior to preparation of the study. Trip generation rates shall be determined through the use of the current edition of the Trip Generation Report published by the Institute of Transportation Engineers.

Existing twenty-four-hour and peak traffic volume data, including weekdays, Saturdays and Sundays, when appropriate, for all streets which provide direct access to the proposed development and for the arterial streets and collector streets which will serve the proposed development, as well as any major intersection within the traffic impact area.

Existing twenty-four-hour and peak-hour traffic volume data, including weekdays, Saturdays and Sundays, when appropriate, for all streets which provide direct access to the proposed development and for the arterial streets and collector streets which will serve the proposed development, as well as any major intersection within the traffic impact area projected for the design year without the impact of the proposed development. The design year shall be considered the point in time when the development is completed and shall be determined in accordance with accepted engineering practices. In the event of a dispute as to the design year, the determination of the Borough Engineer shall be final.

Estimates of the total number of vehicles trips to be generated by the proposed development for typical twenty-four-hour periods, including weekdays, Saturdays and Sundays, when appropriate, and the typical a.m. and p.m. peak periods for weekdays, Saturdays and Sundays.

Assignments of post-development twenty-four-hour and peak-hour volumes to the arterial streets and collector streets and other streets that will serve the proposed development based upon the projections of increased traffic volumes within the traffic impact area. In making these estimated assignments, consideration shall be given to other developments approved but not yet constructed and to development trends.

Projected twenty-four-hour and peak-hour turning movement data for all access points proposed for the development.

[7]

Existing levels of service and levels of service projected for the design year without the impact of the proposed development on all abutting streets and all major intersections within the traffic impact area. Level of service shall be computed in accordance with the 1985 Highway Capacity Manual, Special Report 209, published by the Transportation Research Board, or any subsequent revision of such manual.

[8]

Capacity and level of service analysis on all abutting streets and all major intersections which will be impacted by the additional volumes generated by the development, including post-development capacity and level of service and degradation of capacity and level of service.

[9]

Accident levels within the past five years at the above intersections categorized by accident type for each intersection.

[10]

Projected twenty-four-hour and peak-hour turning movement data for all access points for the proposed development.

[11]

In the event that the proposed development will result in levels of service at any intersection in the traffic area being reduced below a level of service of "C," provide descriptions of street improvements and traffic control devices that will be required to: a) ensure that traffic generated by the proposed development will not cause the level of service at such intersection to fall below "C"; b) mitigate traffic congestion which will be caused by the proposed development; c) mitigate traffic safety hazards which will be caused by the proposed development; and d) avoid problems of traffic congestion and safety.

[12]

Descriptions of any actions proposed or offered by the applicant to alleviate the impact of the proposed development on the Borough's transportation network.

Borough Council may grant approval of a conditional use, provided that the applicant complies with the following standards for the conditional use. The burden of proof rests with the applicant.

The applicant shall establish by credible evidence compliance with all conditions relating to the conditional use enumerated in the section which gives the applicant the right to seek the conditional use and with all requirements applicable to such use.

The applicant shall establish by credible evidence that the proposed conditional use shall be properly serviced by all existing public service systems. The peak traffic generated by the proposed use shall be accommodated in a safe and efficient manner or improvements made in order to effect the same. Similar responsibilities shall be assumed with respect to other public or private service systems, including, but not limited to, police protection, fire protection, utilities, parks and recreation.

The applicant shall establish by credible evidence that the proposed conditional use shall be in and of itself properly designed with regard to internal circulation, parking, buffering and all other elements of proper design as specified in this chapter and any other governing law or regulation.

The applicant shall provide the Borough Council with sufficient plans, studies or other data to demonstrate compliance with this chapter.

The Borough Council shall impose such conditions as are necessary to ensure compliance with the purpose and intent of this chapter.

§ 320-20 Highway Commercial (HC) District.

Borough Council shall render a decision upon the conditional use application within such time limits as are set forth in the Pennsylvania Municipalities Planning Code and shall communicate such decision as required by the Pennsylvania Municipalities Planning Code.

Intended purpose. These districts are designed for commercial uses which are dependent on highway traffic or need open areas for the display of merchandise.

Permitted uses. Land and buildings in Highway Commercial (HC) Districts shall be used only for the following purposes:

Any nonresidential use permitted as of right in the R-3 Main Street Residential District.

Restaurants and other business establishments serving food and beverages, which may include drive-in and drive-through facilities.

Roadside stands for the retail sale of locally grown farm produce.

Retail sales of antiques and collectibles in accordance with the following standards:

All sales shall be made and all merchandise shall be displayed:

Within an enclosed building;

Within a permanent outdoor facility providing shelter for consumers and delineation of the sales area;

From an open area which is set back from the front lot line at least the same distance as the principal building existing on the lot or, if there is no existing building, to the building setback line.

The sales and parking areas shall be maintained in a neat and orderly condition.

Motels and hotels.

No-impact home-based businesses in accordance with the requirements of § 320-68.

Home occupations in accordance with the requirements of § 320-65.

Municipal uses.

Public uses.

Mixed commercial/residential buildings, limited to one residential dwelling unit per mixed commercial/residential building.

Customary accessory uses and buildings incidental to any of the above-permitted uses.

Special exception uses. The following uses are permitted when special exceptions are granted by the Zoning Hearing Board as provided for in Article XII and other provisions of this chapter.

Vehicle service facilities in accordance with the following standards and conditions:

The applicant shall submit a set of construction plans and specifications to the Zoning Hearing Board, showing all structures, pumps, storage tanks, parking areas, and driveways for ingress and egress.

All pumps shall be located outside of buildings and on private property and in no case shall be within 20 feet of any lot line.

All automotive parts, dismantled vehicles, and similar articles shall be stored within a building; all fuel oil or similar substances shall be stored at least 35 feet from any lot line.

In no event shall a permit be granted for such use located within 500 feet of a school, hospital, infirmary, church, museum, club or place of public assembly having a capacity of 100 or more persons; provided, however, a vehicle service facility shall not be deemed nonconforming through the subsequent erection of such uses.

The grant of a special exception for a vehicle service facility shall be subject to such conditions and safeguards as the Board may impose with respect to, among other considerations, the location and adequacy of entrances and exits.

Sales offices and lots for the retail sales of new and/or used automobiles, trucks, motorcycles, boats, recreational vehicles, farm equipment, and mobile homes which may include the servicing of vehicles as an accessory use.

Billboards, in accordance with the regulations of § 320-61 and all other applicable federal and state statutes and regulations.

Amusement centers, including drive-in theaters, bowling alleys, miniature golf courses, golf driving ranges and similar uses.

Animal hospitals and veterinary medical establishments for the treatment of animals; provided, however, that boarding and breeding of animals shall not be permitted.

Wholesaling and warehousing establishments, which shall not include the storage or sale of junk.

Public utility buildings.

Monument sales, mortuaries and funeral homes.

Single-family detached dwellings.

Uses which are of the same general character of those listed as permitted uses and which will not be detrimental to the intended purpose of this district.

Commercial/light industrial complex subject to the following requirements:

[Added 8-6-2024 by Ord. No. 417]

The minimum lot area shall be 10 acres.

The commercial uses shall be limited to uses authorized by § 320-20B.

Buildings containing commercial uses shall be located between any street frontage and any building containing light industrial uses.

The light industrial uses shall be limited to the following:

Design and fabrication of scientific, optical, medical, electronic, and precision instruments or components such as control panels.

Manufacturing, fabricating, assembling and/or processing of scientific and precision instruments and controls; computer products and components; electronics and parts assembly; pharmaceutical and optical goods; medical and dental equipment, including but not limited to custom industrial machinery and robotics.

Repair, maintenance, or upgrading of custom machinery, robotics, and precision instruments, including sale of parts and equipment.

Programming, training, and support for custom machinery or robotics.

Manufacturing of metal products of a light nature, including heating and ventilating ducts and equipment, hardware and cutlery, and other similar products.

Offices and storage for the design, manufacturing, fabrication or assembly use.

The applicant shall provide truck turning templates to demonstrate that the uses on the lot can receive deliveries and can ship finished goods without vehicles having to back onto adjoining streets and that emergency vehicles can safely access all buildings. The applicant shall demonstrate that it provided the truck turning templates and other plans to the Adamstown Fire Company No. I for review and comment prior to the hearing on the special exception application.

No outdoor storage of materials or finished products shall be permitted. This provision does not prohibit temporary display of goods for sidewalk sales or similar limited time events.

All land shall be in a single ownership. If all land is not to be maintained in a single ownership, the applicant for the special exception shall demonstrate full compliance with § 320-24. This provision is not intended to prohibit formation of a condominium or planned community to allow separate ownership of space within buildings in the mixed commercial/light industrial complex.

No residential uses shall be permitted.

(i)

The applicant shall present a calculation of the required off-street parking for all of the uses in the commercial/light industrial complex and a plan demonstrating that such off-street parking shall be provided with its special exception application.

Lot area, width, depth, height and yard requirements.

Each of the following dimensional requirements shall apply to each nonresidential use (including mixed commercial/residential buildings) in the Highway Commercial (HC) District, except as specifically provided for elsewhere in this chapter.

Minimum lot area: 20,000 square feet.

Minimum lot width: 100 feet at the building line.

Minimum lot depth: 150 feet.

Minimum front yard: 50 feet in depth.

Minimum side yard: 20 feet in depth (each).

Minimum rear yard: 25 feet in depth.

Single-family detached dwellings, as permitted by special exception in the Highway Commercial (HC) District, shall comply with the following dimensional requirements:

Minimum lot area: 6,000 square feet.

Minimum lot width: 60 feet at the building line.

Minimum lot depth: 100 feet.

Minimum front yard: 50 feet in depth.

Minimum side yard(s): there shall be two side yards, each having a minimum width of 10 feet.

Minimum rear yard: 25 feet in depth.

Maximum lot coverage.

Single-family detached dwellings: 35% covered by buildings and structures.

Nonresidential uses: 75% covered by buildings and structures.

Maximum height: 35 feet, except as provided for in § 320-26.

Supplementary district regulations. The Supplementary district regulations in Article VI shall apply, where applicable, as additional requirements for this district.

Minimum off-street parking and loading requirements. Off-street parking and loading shall be provided for in accordance with Article VIII of this chapter.

Signs and advertising structures. Signs shall be permitted in accordance with Article IX of this chapter.

§ 320-21 Industrial (I) District.

Intended purpose. The Industrial District is designed to provide for the continuation of existing light industrial and manufacturing uses in the Borough, allow for the establishment of similar uses, and provide for the conversion of former industrial sites to other compatible uses. The Industrial District is intended for use primarily by industries and other uses characterized by the absence of objectionable external effects, with the purpose of encouraging compatibility within the districts and to surrounding or adjacent districts.

Permitted uses. Land and buildings in the Industrial Districts shall be used only for the following purposes:

Any use not otherwise prohibited by law of a manufacturing, fabricating, processing, packaging, testing nature which, in the opinion of the Zoning Officer, will not be injurious or have an adverse effect on the adjacent areas and subject to such conditions, restrictions and safeguards as may be deemed necessary by the Zoning Officer in the interest of public health, safety and welfare.

Administrative office activity.

Laboratory for scientific or industrial research development.

Wholesale distribution of industrial products, including lumber and coal yards, building material storage areas, contractor equipment storage areas, and commercial warehousing not including junkyards.

Public utility buildings or structures, railroad transfer and storage tracks, passenger and/or freight terminals.

Customary accessory uses and buildings customarily incidental to any of the above-permitted uses.

No-impact home-based businesses in accordance with the requirements of § 320-68.

Home occupations in accordance with the requirements of § 320-65.

Special exception uses. The following uses are permitted when special exceptions are granted by the Zoning Hearing Board as provided for in Article XII and other provisions of this chapter:

Uses which, in the opinion of the Zoning Hearing Board are of the same general character as those listed as permitted uses and which will not be detrimental to the intended purpose of this district.

Junkyards used for storage, wrecking, converting used or discarded materials, providing that such use is completely enclosed by appropriate vegetative planting to be planted and maintained at a height not less than eight feet, backed by a solid fence no less than six feet in height.

Conversions of existing structures in the Industrial District for one or more of the following uses:

Conversion apartments.

Indoor theaters, auditoriums and similar activities.

Community centers.

Stores and shops for the conducting of any generally recognized retail business, but not to include drive-in service places.

Restaurants and other business establishments serving food and beverages, but not to include drive-in service places.

Medical centers/clinics.

Offices and workshops of a plumber, electrician, decorator or similar trade, and baking, printing and similar establishments.

Day-care centers.

(i)

Mixed commercial/residential uses.

(j)

Mixed commercial/industrial uses.

(k)

Laundries, laundry services and cleaning plants.

Lot area, width, depth, height and yard requirements. Each of the following dimensional requirements shall apply to each use in the Industrial District, except as specifically provided for elsewhere in this chapter.

Minimum lot area: one acre.

Minimum lot width: 200 feet.

Minimum lot depth: 150 feet.

Minimum front yard: 25 feet in depth.

Minimum side yard: 20 feet in depth (each).

Minimum rear yard: 20 feet in depth.

Maximum height: no principal structure shall exceed 40 feet in height, except as provided for in § 320-26.

Supplementary district regulations. The supplementary district regulations in Article VI shall apply, where applicable, as additional requirements for this district.

Minimum off-street parking and loading requirements. Off-street parking and loading shall be provided for in accordance with Article VIII of this chapter.

Signs and advertising structures. Signs shall be permitted in accordance with Article IX of this chapter.

§ 320-22 Institutional (INS) District.

Intended purpose. The purpose of the Institutional District is to provide for institutionally owned lands, including Borough and school district facilities. The Institutional District is also intended for religious- and social-service-oriented uses and similar nonprofit quasi-public institutions where the use is for public purpose. In addition, the district is intended to provide a land use category for parks, open space, playgrounds, and recreational areas.

Permitted uses. The following uses are permitted in the Institutional (INS) District:

Churches and similar places of worship, including parish houses.

Cemeteries.

Recreational uses open to the public, such as parks, picnic groves, campgrounds, exercise and weight training facilities, swimming and diving facilities and racquet sports courts, including permanent structures, subject to the following requirements:

Miniature golf, video arcades and similar activities shall not be permitted as either a principal or accessory use.

Target ranges for indoor or outdoor shooting shall not be permitted as either a principal or accessory use.

Taverns, restaurants or boardinghouses shall not be permitted as either a principal or accessory use.

Recreational uses and areas and structures operated by private membership clubs for the benefit of their members subject to the limitations of Subsection B(3).

Nursery, kindergarten, elementary, middle and high schools.

Municipal and public uses.

Forestry activities, subject to the conditions listed in § 320-53 of this chapter.

Accessory uses or structures customarily incidental to any of the above-permitted uses.

Lot area, width, depth, height and yard requirements. Each of the following dimensional requirements shall apply to each use in the Institutional (INS) District, except as specifically provided for elsewhere in this chapter.

Minimum lot area: one acre.

Minimum lot width: 200 feet.

Minimum lot depth: 150 feet.

Minimum front yard: 25 feet in depth.

Minimum side yard: 20 feet in depth (each).

Minimum rear yard: 20 feet in depth.

Maximum lot coverage: 35% covered by buildings and structures.

Maximum height: 35 feet, except as provided for in § 320-26.

General requirements.

Lighting for outdoor facilities and parking shall be designed so as to not cast glare on adjoining properties.

Where an Institutional (INS) District abuts any residential district, a landscape strip not less than 10 feet in width shall be planted and maintained with appropriate vegetative landscaping materials. To the maximum extent possible, this landscape strip and any vegetative screening shall use and maintain existing vegetation. Such vegetative planting, including any architectural screens or fences, shall be planted and maintained at not less than six feet in height, except on corner lots where a vision obstruction as defined and controlled in § 320-30 of this chapter would occur.