It is the intent of this article to provide special controls
and regulations for particular uses that may be permitted by right
or by special exception or by conditional use within the various zoning
districts established in this chapter. Special exceptions and conditional
uses are deemed to be permitted uses in their respective districts,
subject to the satisfaction of the requirements and standards set
forth in this article, in addition to all other requirements of this
chapter. All such uses are hereby declared to possess characteristics
of such unique and special forms that each specific use shall be considered
as an individual case. The Zoning Hearing Board may grant approval
of a special exception, provided that the applicant complies with
the standards for special exceptions set forth in this article and
demonstrates that the proposed special exception shall not be detrimental
to the health, safety and welfare of the neighborhood. Similarly,
the Borough Council may grant approval of a conditional use under
applicable regulations. The burden of proof shall rest with the applicant.
In granting a special exception or conditional use, the Zoning Hearing
Board or Borough Council, as appropriate, 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 procedure for consideration of a special exception or conditional use shall follow the procedure for review and hearings as stated in Article XII of this chapter.
In addition to any plan informational requirements for a specific
land use identified in this article, a special exception or conditional
use application shall be accompanied by a scaled drawing of the site
with sufficient detail and accuracy to demonstrate compliance with
all applicable provisions of this chapter and shall include the following:
A.
The location of all buildings, parking areas, traffic access and
circulation drives, open spaces, landscaping, and other pertinent
information.
B.
The names and addresses of adjoining property owners, including properties
directly across a street right-of-way.
C.
Ground-floor plans and building elevations of proposed structures.
D.
A written narrative of the proposed use in sufficient detail to determine
that all applicable standards are adequately addressed.
In order to receive a special exception or conditional use approval,
the applicant shall establish by credible evidence presented to the
Zoning Hearing Board or Borough Council, as applicable, with the application
or during the hearings, that:
A.
The proposed use is consistent with the purpose and intent of this
chapter.
B.
The proposed use does not detract from the use and enjoyment of adjoining
or nearby properties.
C.
The application complies with all criteria established for the respective
land use proposal addressed elsewhere in this chapter.
D.
The proposed use does not substantially impair the integrity of the
Strategic Comprehensive Plan for the Cocalico Region.
E.
The required front yard, side yards, open space areas, and height
limitations for the applicable zoning district have been met.
F.
The off-street parking provisions are in conformance with those specified in Article VIII of this chapter.
G.
Points of vehicular access to the lot are provided at a distance
from intersections and other points of access and in number sufficient
to prevent undue traffic hazards and obstruction to the movement of
traffic.
H.
The location of the site with respect to the existing roads giving
access to it is such that the safe capacity of those roads is not
exceeded by the estimated traffic to be generated or attracted and
not out of character with the normal traffic using said public road.
I.
The pedestrian access from the off-street parking facilities is separated
from vehicular access and sufficient to meet the anticipated demand.
J.
The proposed use is not incompatible with the existing traffic conditions
and adjacent uses and will not substantially change the character
of the immediate neighborhood.
K.
Facilities are available to adequately service the proposed use (e.g.,
schools, fire, police and ambulance protection, sewer, water and other
utilities, etc.).
L.
Screening of the proposed use from adjacent uses is sufficient to
prevent the deleterious impact of the uses upon each other.
M.
The use of the site complies with the requirements of any other public
agency having jurisdiction over the proposed use.
N.
Operations in connection with a special exception or conditional
use will not be more objectionable to nearby properties by reason
of noise, odor, fumes, vibration, glare or smoke than would be the
operations of any permitted use.
O.
Sufficient setbacks to and/or from agricultural operations are provided
in accordance with the applicable district regulations.
In addition to those items required by §§ 320-57 and 320-58 (if applicable), each of the following land uses contains criteria that shall be addressed by the applicant and reviewed by the Zoning Officer, when permitted by right, or by the Zoning Hearing Board, when permitted by special exception, or by the Borough Council, when permitted by conditional use.
All bed-and-breakfast establishments as defined in this chapter
shall be subject to the following additional requirements:
A.
Meals may be offered only to registered guests, and breakfast shall
be the only meal which shall be offered.
B.
The bed-and-breakfast establishment shall comply with all applicable
state and federal regulations, including but not limited to the regulations
of the Pennsylvania Department of Labor and Industry.
C.
The person operating the bed-and-breakfast establishment shall be
a resident of the dwelling. Management of a bed-and-breakfast establishment
by a nonresident manager may be approved by the Zoning Hearing Board.
Billboards are permitted, subject to strict compliance with
the following conditions as well as any other applicable requirement:
A.
The panel shall not exceed 300 square feet in area on one side.
B.
No more than one panel (two sides) shall be permitted on a lot. Panels
cannot be stacked.
C.
There shall be a minimum of 1,000 feet between billboards (except
if a billboard is attached to the opposite side of an existing billboard).
D.
No billboards shall be erected less than 600 feet from existing dwellings.
E.
If lighted, a nonglare lighting fixture designed for outdoor use
shall be used.
F.
No billboard shall be more than 25 feet high.
G.
All billboards shall be set back a minimum distance of 50 feet from
the street right-of-way line or any side lot line.
H.
Any applicant for erection of an off-premises billboard must furnish
a copy of an agreement with the owner of the property on which the
billboard is proposed to be located.
I.
All billboards shall be subject to all other applicable state and
federal regulations, including but not limited to the Pennsylvania
Beautification Act, as well as other requirements for permits on state
highways.
Communications antennas mounted on an existing public utility
transmission tower, building or other structure, including existing
communications towers and communications equipment buildings, shall
be subject to the following criteria:
A.
The applicant shall demonstrate that the proposed location is necessary
for the efficient operation of the system.
B.
The applicant shall submit notice of approval for the proposed installation
from the Federal Aviation Administration and the Federal Communications
Commission or evidence that no such approval is required.
C.
Communications antennas shall not cause radio frequency interference
with other communications facilities located in the Borough.
D.
A communications equipment building shall be subject to the height
and setback requirements of the applicable zoning district for an
accessory structure.
E.
The owner or operator of the communications antennas shall be licensed
by the Federal Communications Commission to operate such antennas.
F.
The applicant shall submit a plan for the removal of the communications
antenna and related equipment and facilities when they become functionally
obsolete or are no longer in use. The applicant shall be responsible
for the removal of the facility within three months from the date
the applicant ceases use of the facility or the facility becomes obsolete.
G.
The installation of communications antennas on any historic property
will be permitted only when the communications antennas will be installed
using stealth technology and will not be visible to persons looking
at the historic property. For the purposes of this section only, a
historic property is defined as a district, site, building, structure
or object that is on or eligible for inclusion on the National Register
of Historic Places, is recognized by the Pennsylvania Historical and
Museum Commission as being historically significant, or is recognized
by the Historic Preservation Trust of Lancaster County as being historically
significant. Any lot which contains a historic property shall also
be considered a historic property. The applicant shall provide renderings
or other diagrams illustrating how the historic property will appear
after installation of the communications antenna. Any equipment building
or cabinet associated with the communications antenna shall be designed
in a manner in keeping with the architecture of the existing structures
on the historic property, or all equipment shall be located within
an existing structure on the historic property. The applicant shall
demonstrate that the installation of the communications antennas and
the erection of any communications equipment building complies with
all requirements of the National Historic Preservation Act and shall
present copies of applicable communications with the State Historic
Preservation Office of the Pennsylvania Historical and Museum Commission,
including but not limited to the letter of determination.
H.
No communications equipment building shall exceed 200 square feet.
If the carrier proposes to use equipment cabinets placed upon a pad,
the total area of the pad for all of the equipment cabinets and building
shall not exceed 200 square feet in area.
I.
Building-mounted communications antennas shall not be located on
any building used for residential purposes.
J.
In addition to the other requirements of this section, building-mounted
communications antennas shall not be permitted to exceed the height
limitations of the applicable zoning district by more than 20 feet.
K.
Omnidirectional or whip communications antennas shall not exceed
20 feet in height and seven inches in diameter. Directional or panel
communications antennas shall not exceed five feet in height and three
feet in width.
L.
The applicant shall submit evidence from a Pennsylvania-registered
professional engineer certifying that the proposed installation will
not exceed the structural capacity of the building or other structure,
considering wind and other loads associated with the communications
antenna location.
M.
The applicant shall submit detailed construction and elevation drawings
indicating how the communications antennas will be mounted on the
structure.
N.
The applicant shall submit evidence of agreements and/or easements
necessary to provide access to the building or structure on which
the communications antennas are to be mounted so that installation
and maintenance of the communications antennas and communications
equipment building can be accomplished.
O.
The applicant proposing communications antennas to be mounted on
any existing tower shall completely enclose the tower with an eight-foot-high
nonclimbable fence with a self-locking gate.
P.
The communications antennas and related equipment and facilities
shall be visually disguised or concealed, and the applicant shall
submit testimony on how the communications antennas and related equipment
and facilities will be disguised or concealed so that they are not
visible from the surrounding area.
Communications towers, including all communications antennas
and communications equipment buildings associated with such towers,
shall be subject to the following criteria:
C.
The applicant shall demonstrate by means of engineering testimony
and reports that the communications tower and all communications antennas
to be installed on the communications tower are the minimum height
required to function satisfactorily.
D.
Any communications tower shall be set back from each property line
a distance equal to its height unless applicant demonstrates by clear
and convincing evidence that there will be no danger to persons or
property with a lesser setback, but in no circumstances shall the
tower be set back less than 100 feet from any property line. To demonstrate
that there will be no danger to persons or property with a lesser
setback, the applicant shall provide expert testimony by a structural
engineer concerning the ability of the communications tower to withstand
wind, any other adverse conditions and how the communications tower
will fall if it should fail structurally. The setback required by
this subsection shall also be applicable to guide wire anchors for
the communications tower.
E.
The applicant shall furnish expert testimony regarding the construction
methods or other measures used to prevent the toppling of any communications
tower onto adjoining properties and/or roads and the wind-borne scattering
of ice onto adjoining properties and/or roads. The applicant shall
be required to implement construction methods or standards to prevent
such occurrences.
F.
All towers shall be completely enclosed by an eight-foot-high nonclimbable
fence and self-locking gate. The applicant shall provide landscaping
which shall visibly screen the fence. The applicant shall present
a plan of the proposed landscaping.
G.
Communications towers shall be sited so as to separate them from
adjacent activities and structures located on adjoining lots.
H.
Towers shall not be artificially lighted, unless required by the
Federal Aviation Administration or other applicable authority. If
lighting is required, the lighting alternatives and design chosen
must cause the least disturbance to surrounding properties.
All home day care (as a home occupation) and day-care centers
shall be subject to the following regulations:
A.
A pickup and dropoff area shall be provided, which shall provide
the children and/or adults with safe access to the dwelling.
B.
For child-day-care uses, an outdoor play area shall be provided,
which shall be fenced in order to protect the children.
C.
A valid certification to operate a day-care center issued by the
Department of Public Welfare shall be obtained and in force, if such
certificate is required for operation by the Department of Public
Welfare.
All home occupations shall be subject to the following regulations:
A.
No more than two home occupations shall be permitted in any dwelling.
B.
The person conducting a home occupation shall be a resident of the
dwelling.
C.
No more than one person not in residence in the dwelling shall be
employed in such occupation.
D.
No more than 25% of the floor area of the dwelling shall be devoted
to the home occupation. In computing the floor area of the dwelling,
attics and basements that are not finished and are not used for residential
or home occupation purposes shall not be included. In determining
the floor area of the home occupation, areas that are used principally
for residential purposes but which may also by used in conjunction
with the home occupation, such as common hallways, common bathrooms
and congregating areas, shall be excluded from the calculation.
E.
No displays or change in the building facade, other than a permitted
sign, shall indicate from the exterior that the dwelling is being
used for any purpose other than as a dwelling.
F.
The home occupation shall be conducted entirely within the dwelling.
No outdoor storage shall be permitted, and no manufacturing, repairing
or other activity connected with the home occupation shall be performed
outside of the dwelling. The home occupation shall be conducted in
such a manner that no noise, odor, vibration or other evidence of
the home occupation is perceptible from the street or adjoining properties.
G.
Retail sales shall not be permitted as a home occupation. Retail
sales may be permitted in conjunction with a home occupation, provided
that such retail sales are necessarily related to and an integral
part of the home occupation.
A.
Purpose.
(1)
It is the purpose of this section to permit a more varied, efficient,
and economical development pattern; to foster the protection of critical
natural resources, such as streams, groundwater, floodplains, wetlands,
steep slopes, woodlands and wildlife habitat areas; and to conserve
open space areas within residential subdivisions.
(2)
By providing for lot averaging, impervious cover and other improvements
may be reduced, resulting in a lesser increase in stormwater runoff
as well as a reduction in subdivision improvement costs.
(3)
By providing for lot averaging, it is the specific goal of the Borough
to minimize the potential adverse aesthetic effects of conventional
land development as a whole and on neighboring property owners in
particular, by encouraging the use of site planning which will reduce
the visual impact of development from the vantage point of surrounding
properties and nearby public roads.
B.
Eligibility. As a design option, a developer may be allowed to modify
the area and bulk regulations for single-family detached residential
development only, provided the following procedures and conditions
are met:
(1)
Lot averaging shall be permitted in the Low Density Residential (R-1)
District and the Medium Density Residential (R-2) District.
(2)
The tract of land to be subdivided shall be contiguous and shall
be held in single and separate ownership.
(3)
The site shall be suitable for development in the manner proposed
without hazards to persons or property, on or off the site, due to
flooding, erosion or other dangers or inconveniences. Conditions of
soil, groundwater, drainage and topography shall be compatible with
proposed site design.
C.
Lot averaging controls. No lot of such size as to be capable of further
subdivision under the district regulations shall be included in determining
the average lot area unless the possibility of such further subdivision
is eliminated by a deed restriction or agreement in a form acceptable
to the Borough and duly recorded in the office of the Recorder of
Deeds of Lancaster County.
D.
Area and bulk regulations. For developments utilizing the lot-averaging
design option, the following minimum area and bulk regulations shall
apply:
|
R-1 - Low Density Residential District
| |||
|---|---|---|---|
|
Normal Minimum
|
If 50% or More of the Tract Has Slopes in Excess of 20%
| ||
|
Lot size
|
1 acre
|
2 acres
| |
|
Lot width
|
100 feet
|
250 feet
| |
|
Front yard
|
50 feet
|
50 feet
| |
|
Side yard
|
15 feet
|
30 feet
| |
|
Rear yard
|
30 feet
|
50 feet
| |
|
Lot coverage (maximum)
|
20%
|
10%
| |
|
Maximum height(1)
|
35 feet
| ||
|
Lot-Averaging Minimum
|
If 50% or More of the Tract Has Slopes in Excess of 20%
| ||
|
Lot size
|
20,000 square feet
|
1.0 acre
| |
|
Lot width
|
80 feet
|
100 feet
| |
|
Front yard
|
30 feet
|
40 feet
| |
|
Side yard
|
12 feet
|
15 feet
| |
|
Rear yard
|
20 feet
|
25 feet
| |
|
Lot coverage (maximum)
|
35%
|
25%
| |
|
Maximum height(1)
|
35 feet
| ||
|
NOTES:
| ||
|---|---|---|
|
(1)
|
Except as provided for in § 320-26.
| |
|
The overall gross residential density of the tract shall not
exceed one dwelling unit per acre, or 0.5 dwelling units per acre
for tracts with 50% or more of the tract area with slopes of 20 or
more.
| ||
|
R-2 - Medium Density Residential District
| ||
|---|---|---|
|
Normal Minimum
| ||
|
Lot size
|
6,000 square feet
| |
|
Lot width
|
60 feet
| |
|
Front yard
|
25 feet
| |
|
Side yard
|
10 feet
| |
|
Rear yard
|
25 feet
| |
|
Lot coverage (maximum)
|
35%
| |
|
Maximum height(1)
|
35 feet
| |
|
Lot-Averaging Minimum
| ||
|
Lot size
|
4,000 square feet
| |
|
Lot width
|
40 feet
| |
|
Front yard
|
20 feet
| |
|
Side yard
|
6 feet
| |
|
Rear yard
|
20 feet
| |
|
Lot coverage (maximum)
|
50%
| |
|
Maximum height(1)
|
35 feet
| |
|
NOTES:
| ||
|---|---|---|
|
(1)
|
Except as provided for in § 320-26.
| |
|
The overall gross residential density of the tract shall not
exceed 7.26 dwelling units per acre.
| ||
E.
Notwithstanding the minimum lot size required in the base zoning
district and the requirements above, if strict compliance with the
minimum results in an otherwise unacceptable development design, the
Zoning Hearing Board, by variance, may permit a further reduction
in the minimum lot size if it will promote the objectives of this
chapter.
A.
General description. Mobile homes are becoming an increasingly popular
form of housing. However, because of their limited size, relative
mobility, and type of construction, this type of housing requires
the availability of supporting installations and services to provide
the occupants with a healthful, safe, convenient and attractive residential
environment. The following restrictions and regulations are adopted
as part of this chapter, establishing the circumstances and conditions
under which mobile home parks may be established.
B.
Location, area and height regulations.
(1)
Location. Mobile home parks shall only be located in the R-1 Low
Density Residential District and only in areas where the undisturbed
slope of the land is 12% or less.
(2)
Minimum size. The minimum size of a mobile home park for which a
building permit or certificate of use and occupancy may be issued
shall be five acres.
(3)
Density. There shall be a maximum of eight dwelling units per acre.
(4)
Setback. The minimum setback from a public road to any mobile home service or accessory building or off-street parking facility shall conform to the setback(s) prescribed in Article VI of this chapter.
(5)
Yard. The minimum allowable distance between any other mobile home
park boundary line and a mobile home, off-street parking facility,
service or accessory buildings shall be 20 feet.
(6)
Distance between buildings. Mobile homes shall be separated from
each other and from service or accessory buildings and the adjoining
pavement of a mobile home park street or common parking area by at
least 20 feet.
C.
Required mobile home space size and mobile home stand.
(1)
Mobile home space size. Subject to the area and density regulations, the minimum area of any mobile home space shall be 3,000 square feet. When off-street parking as required in Article VIII of this chapter is provided in common parking areas rather than on the mobile home space, the minimum area shall be 2,500 square feet.
(2)
Mobile home stand. Each mobile home space shall be provided with
a hard-surfaced mobile home stand providing a foundation that will
not heave, shift or settle unevenly because of frost action, inadequate
drainage, vibration or other forces acting on the superstructure.
Each mobile home stand shall be equipped with appropriately designed
utility connections. The space between the floor of the mobile home
and stand shall be enclosed to conceal all supports and utility connections.
D.
Mobile home requirements.
E.
Service and accessory buildings.
(1)
Construction. All service and accessory buildings including management
offices, storage areas, laundry buildings, and indoor recreation areas
shall be adequately constructed, ventilated and maintained so as to
prevent decay, corrosion, termites and other destructive elements
from causing deterioration.
(2)
Accessory buildings. Service and accessory buildings shown on an
approved plan may be erected in a mobile home park. Attachments to
individual mobile homes in the form of sheds and lean-tos are prohibited.
(3)
Mobile home park office. Every mobile home park shall have a structure
designed and clearly identified as the office of the mobile home park
manager.
(4)
Storage space. Occupants of each mobile home park shall be provided
with at least 150 cubic feet of enclosed storage space, which shall
be provided in a common storage building located in the mobile home
park.
(5)
Use of service and accessory buildings. Service and accessory buildings
located in a mobile home park shall be used by the occupants only
of the mobile home park or their guests.
F.
Water supply.
(1)
Approved source. All mobile home parks shall be connected to a public
water supply.
(2)
Connection required. All mobile homes and service buildings shall
be connected to an approved water supply system. Individual water-riser
pipes having an inside diameter of not less than 3/4 inch shall be
provided on each mobile home stand and shall terminate no less than
four inches above the ground.
(3)
Protection of lines. Adequate provisions shall be made to protect
water service lines from damage including a shutoff valve on each
mobile home space below the frost line.
(4)
Fire hydrants. Fire hydrants shall be installed in accordance with
specifications of the Borough.
G.
Sewage disposal.
(1)
Approved system. All mobile home parks shall be connected to the
public sewerage system.
(2)
Connection required. All mobile homes and service buildings shall
be connected to an approved sewerage system. Individual sewer-riser
pipes having at least a four-inch diameter shall be located on each
mobile home stand and shall extend at least one inch above ground
level. Provision shall be made for sealing the sewer riser pipe with
a securely fastened plug or cap when the mobile home site is unoccupied.
(3)
Protection of system. Adequate provisions shall be made to protect
sanitary sewers from stormwater infiltration and breakage. All sewer
lines shall be constructed of materials approved by the PADEP or the
Borough.
H.
Storm drainage.
(1)
Surface drainage. The ground surface in all parts of the mobile home
park shall be graded and equipped to drain all surface water in a
safe and efficient manner as approved by the Borough Engineer.
(2)
Drainage structures. Storm sewers, culverts and related installations
shall be provided to permit the unimpeded flow of natural watercourses;
to ensure the drainage of all low points along the line of streets;
to intercept stormwater runoff along streets at intervals reasonably
related to the extent and grade of the area drained.
(3)
Stormwater kept separate. Stormwater shall be kept separated from
sanitary waste until the latter is treated in a manner approved by
the PADEP.
I.
Mobile home park streets.
(1)
Width. All mobile home park streets shall have a right-of-way of
50 feet and a paved width of 34 feet.
(2)
Construction standards. Pavement base and pavement wearing surface
shall be constructed according to the specifications of the Borough.
(3)
Curbs. Curbs shall be required on both sides of all streets in a
mobile home park. Curbs shall be the vertical type; shall be uniform
throughout the park; and shall be maintained in their original condition
at all times.
(4)
Clear sight triangle. Measured along the center lines of intersecting
streets, a clear sight triangle of 75 feet from the point of intersections
shall be kept free of all obstructions except at the intersection
of a mobile home park road with a public road where the clear sight
triangle shall be 100 feet.
(5)
Grades. There shall be a minimum grade of 0.75% and a maximum grade
of 10% on all mobile home park streets.
J.
Off-street parking requirements.
K.
Pedestrian walks.
(1)
Required. All mobile home parks shall provide pedestrian walks on
both sides of the street which allow pedestrian access between individual
mobile homes, service and accessory buildings, and public rights-of-way.
(2)
Width. All pedestrian walks shall have a minimum width of four feet.
(3)
Construction. All pedestrian walks shall be constructed of hard-surfaced
material and shall be maintained in their original condition at all
times.
(4)
Lighting. All pedestrian walks shall be provided with lighting units
so spaced, equipped and installed that will allow safe movement of
pedestrians at night.
L.
Ground cover and screening.
(1)
Surface protection. Ground surfaces in all parts of every park shall
be paved, covered with other solid material or protected with vegetative
growth that is capable of preventing soil erosion and the emanation
of dust during dry weather.
(2)
Harmful vegetation. Park grounds shall be maintained free of vegetative
growth which is poisonous or which may harbor rodents, insects or
other pests harmful to man.
(3)
Screening. Screening, such as fences or natural growth, shall be
provided along the property boundary line separating the mobile home
park from adjacent properties.
M.
Electrical distribution. Every mobile home park shall contain an
electrical wiring system consisting of wiring, fixtures, equipment
and appurtenances, which shall be installed and maintained in accordance
with local electric power companies' specifications regulating such
systems. Each mobile home shall be connected to this electrical distribution
system.
N.
Solid waste and vector control. Solid waste disposal and vector control
shall be the responsibility of the mobile home park operator and shall
be performed in accordance with the requirements of the PADEP regulations.
O.
Permits. A permit to construct or make alterations to a mobile home
park shall be issued only after a plan, which has been approved by
the PADEP, has been filed with and approved by the Borough Council.
The Council shall require that the standards prescribed in this section
are met prior to its approval.
P.
Submission and review of plans. All plans submitted shall contain
the following information at a scale of not smaller than one inch
equals 50 feet.
(1)
All information required by Rules and Regulations, PADEP, Chapter
4, Article 415, Regulations of Mobile Home Parks, Section 4, Submission
and Review of Plans adopted October 30, 1959, as amended from time
to time.
(2)
Name of mobile home park.
(3)
Name of municipality.
(4)
Date of plan preparation.
(5)
Graphic scale.
(6)
Name and address of firm preparing plan.
(7)
North point.
(8)
Name and address of owner of record.
(10)
Location map.
(11)
Approximate boundaries of mobile home spaces numbered consecutively.
(12)
Location and dimension of pedestrianways.
(13)
Location of off-street parking spaces.
(14)
Location of bench mark and datum used.
(15)
Location of proposed monuments and markers.
(16)
Location and dimensions of streets with complete curve data
on center lines.
(17)
Clear sight triangle at all street intersections.
(18)
Typical cross-section of all roads.
(19)
Street center-line profile.
(20)
Location of all utilities.
(21)
Location, dimensions and use of all service and accessory structures.
(22)
Location and dimensions of all mobile home stands.
(23)
Location of all plantings and landscaping.
(24)
Location and type of waste containers.
(25)
Engineer's or surveyor's certificates with seal that survey
and plan are correct.
Q.
Inspections and certificate of use and occupancy.
(1)
Original issuance. A certificate of use and occupancy for an approved
mobile home park shall be issued by the Zoning Officer upon presentation
of a certificate of registration issued by the PADEP and after inspection
by the Zoning Officer as provided in this chapter. A certificate of
use and occupancy shall be issued only for that portion of the mobile
home park for which all improvements shown on the approved plan have
been installed. Additional certificates of use and occupancy shall
be issued for each further portion improved and ready for occupancy.
(2)
Renewal. The certificate of use and occupancy shall be issued for
a period of one year and shall expire concurrently and require renewal
at the same time as the certificate of registration issued by the
PADEP. Renewal of certificate of use and occupancy shall be performed
in the same manner as described for issuance of the original certificate
of use and occupancy.
(3)
Periodic inspection. A representative of Adamstown Borough may inspect
a mobile home park at reasonable intervals and at reasonable times
to determine compliance with this chapter.
No-impact home-based businesses are permitted as a use by right
in all districts, except that such permission shall not exceed any
deed restriction, covenant or agreement restricting the use of the
land, nor any master deed, bylaw or other document applicable to a
common-interest-ownership community.
A.
A no-impact home-based business is a business or commercial activity
administered or conducted as an accessory use which is clearly secondary
to the use as a residential dwelling and which involves no customer,
client or patient traffic, whether vehicular or pedestrian, pickup,
delivery or removal functions to or from the premises, in excess of
those normally associated with residential use.
B.
The business or commercial activity must satisfy the following requirements:
(1)
The business activity shall be compatible with the residential use
of the property and surrounding residential uses.
(2)
The business shall employ no employees other than family members
residing in the dwelling.
(3)
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
(4)
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs or lights.
(5)
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
(6)
The business activity may not generate any solid waste or sewage
discharge, in volume or type, which is not normally associated with
residential use in the neighborhood.
(7)
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
(8)
The business may not involve any illegal activity.
A.
Planned unit residential developments shall comply with the following
standards as well as all other applicable provisions of this chapter
not in conflict herewith.
B.
The purpose of the following standards and requirements is to permit
the clustering of detached, semidetached and attached structures on
reduced-sized lots and the grouping of the open space made available
by this reduction so as to achieve a design that will provide an alternative
pattern of subdivision layout to the standard uniform lot pattern
which prevails under other sections of this chapter. The standards
set forth are designed to achieve:
(1)
A characteristic of design and site planning in which houses are
grouped together on a tract of land, and each cluster of houses serves
as a module which is set off from others like it by an intervening
space that helps give visual definition to each individual cluster.
(2)
The preservation and proper allocation and utilization of unusual
and important physical or topographical features of undeveloped land
that is held for the common recreational enjoyment of the adjacent
residents of the Borough at large.
(3)
More efficient use of the land of those public facilities required
to serve new residential development.
C.
Site standards.
(1)
The provisions of this section shall apply only to a tract of land
having a minimum of 40 acres proposed to be developed for 100 or more
dwelling units and which tract is under single ownership.
(2)
The site, when developed, shall be connected to the public water
and public sewer systems.
(3)
The site shall have existing street frontage sufficient to construct
the necessary interior roads to service such development.
D.
Density.
(1)
The maximum number of residential lots or units that may be created
shall be computed by subtracting from the total tract area 20% of
the area and dividing the remaining area by 10,000 square feet for
detached dwellings, and 3,000 square feet for semidetached and attached
dwellings.
E.
Common open space. There shall be common open space within any site,
or portion thereof, which is submitted for final approval. Such open
space shall be usable for recreational or ornamental purposes. This
includes parcels of land or water, or a combination of land and water,
within the site designated for a planned unit residential development
and/or municipality. The use of any open space may be limited or controlled
at the time of final plat approval where necessary to protect adjacent
properties or uses. At least 50% of the area of the planned unit residential
development shall be allocated to and shall remain common open space,
exclusive of roads, parking areas, structures, and service lawns.
F.
Dimensional requirements.
(1)
No detached or semidetached building shall be located within 25 feet
of any other building.
(2)
No attached building shall be located within 50 feet of any other
building.
(3)
No building shall be located within 50 feet of the center line of
any internal street.
(4)
All internal streets will have a minimum paved cartway of 34 feet
with curbing and sidewalk provided, unless the Zoning Hearing Board
deems the thirty-four-foot width, the curbing or the sidewalk unnecessary.
G.
Off-street parking and loading requirements. Off-street parking and loading shall be provided for in accordance with Article VIII of this chapter.
H.
Commercial areas, not exceeding 10% of the total area of the planned
residential development, will be permitted only in developments that
total 100 acres or more in size.
The Zoning Hearing Board may allow, as a special exception,
the elimination of adjacent side or rear yards on two adjacent lots
in Industrial and Highway Commercial Districts, provided the following
conditions and standards are adhered to.
[Amended 4-3-2012 by Ord.
No. 365]
A.
Solar energy systems – general requirements.
(1)
The local utility provider shall be contacted to determine grid interconnection
and net metering policies. The applicant shall submit written confirmation
to the Borough that the utility company has been informed of the owner's
intent to install a grid-connected system and has approved of such
connection. The applicant also shall submit certificates of design
compliance obtained by the equipment manufacturers from a certifying
organization, and any such design shall be certified by an Engineer
registered in the Commonwealth of Pennsylvania.
(2)
The solar energy system shall comply with all applicable Borough
ordinances and codes so as to ensure the structural integrity of such
solar energy system.
(3)
In order to ensure the safety of emergency responders and in accordance
with Borough requirements, the type of solar energy system (thermal,
chemical or electrical) and the system shutoff location(s) shall be
clearly identified on the equipment.
(4)
Before any construction can commence on any solar energy system,
the property owner must acknowledge that he/she is the responsible
party for owning and maintain the solar energy system. If the solar
energy system is abandoned or is in a state of disrepair, it shall
be the responsibility of the property owner to remove or maintain
the solar energy system.
B.
Solar collectors – roof-mounted. Roof-mounted solar collectors
shall be permitted as an accessory use to a principal use within any
zoning district by right in accordance with the following standards:
(1)
Roof-mounted solar collectors shall comply with the maximum building
height requirements of the zoning district in which the installation
of the solar collector is proposed.
(2)
On pitched roofs, roof-mounted solar collectors shall be installed
as close to parallel as possible to the pitch of the roof while not
sacrificing the efficiency of the solar collector.
(3)
On flat roofs, roof-mounted solar collectors may be installed at
an angle to improve the efficiency of the solar collector with regard
to the predominant sun angle, provided that the solar collector is
placed in a manner to minimize its visibility from street level.
(4)
There will be a minimum of 36 inches of clearance at the ridgeline
where solar photovoltaic energy systems are installed on roofs. Systems
are allowed to be installed down to the eave, if there remain three
access points from the ground to the ridge. If there are less than
three access points to the roof ridge, then there shall remain a thirty-six-inch
perimeter of walking area around the system.
(5)
The systems installed shall provide for the ability to disconnect
the system and disable the production of electricity to avoid potentially
hazardous conflicts between the system and firefighters and their
respective firefighting apparatuses. The manufacturer's specifications
and a detailed sketch showing the location of all disconnects shall
be submitted to the Borough with a copy to the local fire department
responsible for coverage of the site as part of the application. The
systems shall be subject to the review of the local fire chief/marshal
prior to the issuance of a building permit.
C.
Solar collectors – ground-mounted. Ground-mounted solar collectors
shall be permitted as an accessory use to a principal use within any
zoning district by right in accordance with the following standards:
(1)
Ground-mounted solar collectors shall comply with the setback requirements
of the zoning district in which the installation of the solar collector
is proposed.
(2)
Ground-mounted solar collectors shall not be permitted by right in
any front yard. The Zoning Hearing Board may authorize, by special
exception, the installation of a ground-mounted solar collector in
a front yard if the applicant demonstrates that, due to solar access
limitations, no location exists on the property other than the front
yard where the solar collector can perform effectively.
(3)
Ground-mounted solar collectors shall not exceed a height of 10 feet.
(4)
Glare from ground-mounted solar collectors shall be directed away
from adjoining properties or street rights-of-way. Fences or vegetative
screens may be utilized to prevent glare from impacting adjoining
properties or street rights-of-way.
D.
Small wind energy systems. Small wind energy systems shall be permitted
as an accessory use to a principal use within any zoning district
by right in accordance with the following standards:
(1)
The design and installation of all small wind energy systems shall
conform to applicable industry standards, including those of the ANSI,
Underwriters' Laboratories (UL), Det Norske Veritas, Germanischer
Lloyd Wind Energies, the ASTM, or other similar certifying organizations,
and shall comply with the Building Code[1] and with all other applicable fire and life safety requirements.
The manufacturer's specifications shall be submitted as part of the
application.
(2)
No more than one small wind energy system shall be permitted per
lot.
(3)
Small wind energy systems shall not generate noise which exceeds
55 decibels, measured at any property line.
(4)
Small wind energy systems shall not be artificially lighted, except
to the extent required by the FAA.
(5)
All on-site utility and transmission lines extending to and from
the small wind energy system shall be placed underground.
(6)
No part of any small wind energy system shall be located within or
above any front yard, along any street frontage, nor within any required
principal building setback of any lot.
(7)
Structure-mounted small wind energy systems shall comply with all
applicable provisions of this section.
(8)
All small wind energy systems that are independent of any other structure
shall be located a minimum distance of 1.1 times the turbine height
from any inhabited structure, property line, street right-of-way,
or overhead utility line. This setback requirement shall not apply
to inhabited structures when located on the same lot as the small
wind energy system.
(9)
The maximum height of any small wind energy system shall not exceed
50 feet from the finished grade elevation.
(10)
No portion of any small wind energy system shall extend over
parking areas, access drives, driveways or sidewalks.
(11)
The minimum height of the lowest position of the wind turbine
shall be 15 feet above the ground.
(12)
Small wind energy systems shall not display advertising, except
for reasonable identification of the small wind energy system's manufacturer.
Such sign shall have an area of less than four square feet.
(13)
When an accessory building is necessary for storage cells or
related mechanical equipment, the accessory building shall not have
a floor area exceeding 200 square feet and shall comply with the accessory
building requirements specified within each zoning district. Accessory
buildings shall not be located within any front yard or along any
street frontage, nor within any required setback of any lot.
(14)
The owner shall provide a copy of the letter from the electric
utility company, indicating that it has received and processed an
application for interconnection of renewable generation equipment
with the application for a zoning permit. The owner shall provide
a copy of the final inspection report or other final approval from
the electric utility company to the Borough prior to the issuance
of a certificate of use and occupancy for the small wind energy system.
Off-grid systems shall be exempt from this requirement.
(15)
The owner of the small wind energy system shall, at the owner's
expense, complete decommissioning within 12 months after the end of
the useful life of the small wind energy system. It shall be presumed
that the wind turbine is at the end of its useful life if no electricity
is generated for a continuous period of 12 months.
(16)
The owner of the small wind energy system shall provide evidence
that the owner's insurance policy has been endorsed to cover damage
or injury that might result from the installation and operation of
the small wind energy system.
E.
Large wind energy production facilities. Large wind energy production
facilities shall be permitted as a special exception use in the Woodland
(W) District, subject to the following regulations:
(1)
The layout, design and installation of large wind energy production
facilities shall conform to applicable industry standards, including
those of the ANSI, Underwriters' Laboratories (UL), Det Norske Veritas,
Germanischer Lloyd Wind Energies, the ASTM, or other similar certifying
organizations, and shall comply with the Building Code and with all
other applicable fire and life safety requirements. The manufacturer's
specifications shall be submitted as part of the application.
(2)
Large wind energy production facilities shall not generate noise
which exceeds 55 decibels, measured at any property line.
(3)
All on-site utility and transmission lines extending to and from
the large wind energy production facility shall be placed underground.
(4)
All large wind energy production facilities shall be equipped with
a redundant braking system. This includes both aerodynamic overspeed
controls (including variable pitch, tip and other similar systems)
and mechanical brakes. Mechanical brakes shall be operated in a fail-safe
mode. Staff regulation shall not be considered a sufficient braking
system for overspeed protection.
(5)
Large wind energy production facilities shall not be artificially
lighted, except to the extent required by the FAA.
(6)
Wind turbines and towers shall not display advertising, except for
reasonable identification of the large wind energy production facility's
manufacturer. Such sign shall have an area of less than four square
feet.
(7)
Wind turbines and towers shall be a nonobtrusive color such as white,
off-white or gray.
(8)
All large wind energy production facilities shall, to the extent
feasible, be sited to prevent shadow flicker on any occupied building
on adjacent lot.
(9)
A clearly visible warning sign concerning voltage shall be placed
at the base of all pad-mounted transformers and substations or fence.
(10)
All access doors to wind turbines and electrical equipment shall
be locked or fenced, as appropriate, to prevent entry by nonauthorized
persons.
(11)
No portion of any large wind energy production system shall
extend over parking areas, access drives, driveways or sidewalks.
(12)
All large wind energy production facilities shall be independent
of any other structure and shall be located a minimum distance of
1.1 times the turbine height from any inhabited structure, property
line, street right-of-way, or overhead utility line.
(13)
The minimum height of the lowest position of the wind turbine
shall be 30 feet above the ground.
(14)
All large wind energy production facilities shall be completely
enclosed by a minimum eight-foot-high fence with a self-locking gate,
or the wind turbines' climbing apparatus shall be limited to no lower
than 12 feet from the ground, or the wind turbines' climbing apparatus
shall be fully contained and locked within the tower structure.
(15)
The large wind energy production facility owner is required
to notify the Borough immediately upon cessation or abandonment of
the operation. The large wind energy production facility owner shall
then have 12 months in which to dismantle and remove the large wind
energy production facility from the lot. At the time of issuance of
the permit for the construction of the large wind energy production
facility, the owner shall provide financial security in form and amount
acceptable to the Borough to secure the expense of dismantling and
removing said structures.
(16)
The owner of the large wind energy production facility shall
be required to provide a certificate of insurance to the Borough,
providing evidence of liability insurance of not less than $1,000,000
and naming the Borough as an additional insured on the policy or policies
of the owner and/or lessee.
F.
Outdoor wood-fired boilers. Outdoor wood-fired boilers shall be permitted
as an accessory use to a principal use within any zoning district
by right in accordance with the following standards:
(1)
All outdoor wood-fired boilers shall comply with the regulations
established for outdoor wood-fired boilers by the Pennsylvania Department
of Environmental Protection in 25 Pa. Code Chapter 123, § 123.14,
as may be amended from time to time.
(2)
All outdoor wood-fired boilers shall be set back a minimum of 50
feet from any property line and a minimum of 150 feet from any residences
or other buildings or structures where frequent assembly occurs, such
as schools., offices, businesses, places of worship, or any similar
use as determined by the Zoning Officer, excluding such structures
when located on the same lot as the outside wood-fired boiler.
(3)
All outdoor wood-fired boilers shall have a minimum stack height
of 10 feet above the ground. In any case where residences or other
buildings or structures where frequent assembly occurs, such as schools,
offices, businesses, places of worship, or any similar use as determined
by the Zoning Officer, are located within 300 feet or closer to an
outside wood-fired boiler, excluding such structures when located
on the same lot as the outside wood-fired boiler, the stack height
shall be two feet above the height of the eave of overhang of the
roof of such residences or buildings that are nearest to the outdoor
wood-fired boiler location.
(4)
No person shall construct, install, establish or maintain any outdoor
wood-fired boiler without first obtaining a zoning permit.
G.
Geothermal energy systems. Geothermal energy systems shall be permitted
as an accessory use to a principal use within any zoning district
by right in accordance with the following standards:
(1)
Only closed-loop geothermal energy systems shall be permitted. Open-loop
geothermal energy systems are prohibited within the Borough.
(2)
For all closed-loop geothermal systems relying upon circulating fluids,
only nontoxic, biodegradable circulating fluids such as food grade
propylene glycol shall be permitted.
(3)
Geothermal systems shall not encroach on public drainage, utility
roadway or trail easements of any nature.
(4)
All horizontal closed-loop systems shall be no more than 20 feet
deep.
(5)
All vertical closed-loop geothermal energy systems shall have proper
grout sealing with the following properties:
(a)
High thermal conductivity to allow heat transfer;
(b)
Low viscosity to allow the grout top wrap around the pipe;
(c)
Low shrinkage volume to ensure that the grout will not pull
away from the pipe; and
(d)
Low permeability to prevent the migration of antifreeze solution
in the event of a line breakage.
(6)
Geothermal energy systems shall be located a minimum distance of
25 feet from any property line, unless documentation in the form of
a written agreement with the adjoining property owner(s) is provided.
(7)
Geothermal energy systems shall be located a minimum distance of
100 feet from existing potable water wells and a minimum distance
of 25 feet from any existing septic system.
(8)
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 the applicable zoning district.
(9)
All horizontal closed-loop geothermal energy systems shall be properly
backfilled, including the removal of sharp-edged rocks before backfilling
in order to prevent such rocks from coming into contact with the system
pipe.
(10)
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 Adamstown Borough
Building Code[2] and with all other applicable Borough requirements. The
manufacturer's specifications shall be submitted as part of the application.
(11)
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 shall remove the abandoned system at its expense after a
demolition permit has been obtained 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.
H.
Building permit required. The installation of solar energy systems,
wind energy facilities, geothermal energy systems and/or outdoor wood-fired
boilers shall be subject to all permitting and inspections with regard
to applicable provisions of the Pennsylvania Uniform Construction
Code (UCC) and the National Electric Code (NEC) in addition to any
other Borough ordinances and/or regulations required to demonstrate
compliance with the provisions of this chapter.
I.
Protection. Where a solar or wind energy system has been installed,
it shall be the responsibility of the property owner to secure any
easements or restrictive covenants necessary to protect the skyspace
affecting the solar or wind system. Such an agreement shall be negotiated
between owners of affected properties, but it is not a requirement
for approval of a building and zoning permit for the solar or wind
energy system.
