In addition to the general standards for all special exceptions as contained in § 224-43, the specific standards for the particular uses allowed by special exception are set forth in this article. These standards must be met prior to the granting by the Zoning Hearing Board of a special exception for such uses in applicable zones.
In the C-H Zone and subject to the requirements of that zone
except as herein modified and provided:
A.
No materials, merchandise, film or service offered for sale, rent,
lease, loan or for view shall be exhibited, displayed or graphically
represented outside of a building or structure.
B.
Any building or structure used and occupied as an adult-oriented
facility shall be windowless or have an opaque covering over all windows
or doors of any area in which materials, merchandise, film, service
or entertainment are exhibited or displayed and no sale materials,
merchandise, film or offered items of service or entertainment shall
be visible from outside the structure.
C.
No sign shall be erected upon the premises depicting or giving a
visual representation of the type of materials, merchandise, film,
service or entertainment offered therein.
D.
Each and every entrance to the structure shall be posted with a notice
that the use is an adult facility; that persons under the age of 18
are not permitted to enter; and warning all others that they may be
offended upon entry.
E.
Parking shall be established at the minimum ratio of one parking
space for each 100 square feet of gross floor area and one parking
space for each employee.
In the C-H, S or I-G Zone and subject to the requirements of
the zone in which located except as herein modified and provided:
A.
Setbacks. All animal runs, fenced enclosures and similar structures
shall be located at least 25 feet from all property or street lines.
B.
All animals must be housed within a structure except while exercising.
C.
All outdoor running or activity areas must be enclosed to prevent
the escape of the animals.
D.
Satisfactory evidence must be presented to indicate that adequate
disposal of animal waste will be provided in a manner that will not
create a public health hazard or nuisance.
E.
Where the use directly abuts a residential use or zone, buffers and
screens shall be provided as necessary to adequately protect the residential
use(s). This includes but is not limited to fences, walls, plantings
and open spaces.
In the C-S Zone and subject to the requirements of that zone
except as herein modified and provided:
A.
An apartment is permitted as an accessory use above the first floor
of a commercial use.
B.
A separate entrance must be provided for the residential use.
C.
A minimum of 400 square feet of open area must be provided for each
dwelling unit, i.e., that part of the lot not covered by buildings
or structures must contain 400 square feet for each dwelling unit.
D.
All parking, habitable floor area and other applicable requirements
of this chapter shall be satisfied for the apartment in addition to
those required for the commercial use.
In the C-H Zone and subject to the requirements of that zone
except as herein modified and provided:
A.
For automobile, recreational vehicle or trailer sales, the lot must
be improved with an automobile, recreational vehicle or trailer display
building devoted exclusively to the display of automobiles, recreational
vehicles or trailers.
B.
All service and/or repair activities shall be conducted within a
wholly enclosed building.
C.
No outdoor storage of parts, equipment, lubricants, fuel or other
materials used or discarded as part of the service repair operation
shall be permitted.
D.
All exterior vehicle storage areas shall be screened from adjoining
residentially zoned properties.
E.
The demolition or junking of automobiles, recreational vehicles or
trailers is prohibited.
F.
All displayed automobiles, recreational vehicles and trailers must
comply with setback requirements.
In the I-G Zone and subject to the requirements of that zone
except as herein modified and provided:
A.
Lot area shall be two acres minimum.
B.
Lot width shall be 200 feet minimum.
C.
Setbacks. Any area used for this purpose must be at least 50 feet
from any property line and 100 feet from any street line.
D.
The area to be used must be completely enclosed with a twelve-foot-high
fence so constructed as not to have any openings.
E.
The use must comply with all applicable state regulations.
In the C-H Zone and subject to the requirements of that zone
except as herein modified and provided:
A.
All structures housing washing apparatus shall be set back at least
50 feet from any street right-of-way line and 20 feet from any side
or rear lot line.
B.
Trash receptacles must be provided and routinely emptied to prevent
the scattering of litter.
C.
Access shall be via an arterial or collector street as designated
in the Borough's Thoroughfare Classification Plan.
D.
Sufficient stacking lanes shall be provided to prevent vehicle backup
on adjoining roads.
In an R-O or R-T Zone and subject to the requirements of the
zone in which located except as herein modified and provided:
A.
Bed-and-breakfast operations shall be conducted so as to be clearly
incidental and accessory to the primary use of the site as a single-family
dwelling.
B.
Guest stays shall be limited to a maximum of 14 days.
C.
Breakfast shall be the only meal served to overnight lodgers.
D.
A minimum of one off-street parking space per guest room shall be
provided in addition to the required parking for the dwelling unit.
E.
One sign may be erected on the property. The maximum size shall be
two square feet and it may be illuminated only by indirect lighting.
F.
The inn must comply with local regulations, including but not limited
to fire, health and building codes.
In the C-H Zone and subject to the requirements of that zone
except as herein modified and provided:
A.
All outdoor storage and display areas shall be screened from adjoining
roads and properties.
In an R-O or S Zone and subject to the requirements of the zone
in which located except as herein modified and provided:
A.
All burial plots or facilities shall be located at least 30 feet
from all property or street lines.
B.
Buffers and screens shall be provided as necessary to adequately
protect neighboring properties. This includes but is not limited to
fences, walls, plantings and open spaces.
C.
Pet cemeteries must meet all of the above applicable requirements.
In the R-O, R-T, C-S or C-H Zones and subject to the requirements
of the zone in which located except as herein modified and provided:
In the C-S, C-H or I-G Zone and subject to the requirements
of the zone in which located except as herein modified and provided:
A.
Not more than 90% of the lot area shall be covered with impervious
surfaces.
B.
No sale, rental, service or repair operation is permitted.
C.
The design of the parking facility must be approved by the Borough
Engineer with regard to layout, access, drainage and dimensions of
aisles.
D.
Except along access drives, a concrete curb six inches in height
must be placed along all street right-of-way lines.
E.
To protect other vehicles and pedestrians in the immediate area of
such a use, railing, fencing, posts and chains or similar protective
barricades must be located on the perimeter of the parking areas except
at access drives or exits.
F.
Buffers and screens shall be provided as necessary to adequately
protect neighboring properties. This includes but is not limited to
fences, walls, plantings and open spaces.
G.
If intended for night use, adequate lighting must be provided. The
lighting provided must be directed down and onto the parking area.
In the C-S Zone and subject to the requirements of that zone
except as herein modified and provided:
A.
Where the use abuts a residential use(s), buffers and screens shall
be provided as necessary to adequately protect neighboring properties.
This includes but is not limited to fences, walls, plantings and open
spaces.
In the R-O, R-T or C-S Zone and subject to the requirements
of the zone in which located except as herein modified and provided:
A.
Setbacks. All buildings shall be located at least 35 feet from all
property and street lines.
B.
Consideration shall be given to potential traffic volumes and problems.
If the proposed use will generate a medium or higher volume of traffic,
i.e., in excess of 750 vehicle trips per day (as per the Pennsylvania
Department of Transportation), access shall be via an arterial or
collector street as designated in the Borough's Thoroughfare Classification
Plan.
C.
Buffers and screens at least six feet high shall be provided as necessary
to adequately protect neighboring properties. This includes but is
not limited to fences, walls, plantings and open spaces.
D.
The facility must comply with all applicable building, health, safety
and fire codes.
In the R-T or R-O Zone and subject to the requirements of the
zone in which located except as herein modified and provided:
A.
The facility shall obtain a certificate of licensure from the Pennsylvania
Department of Public Welfare and shall provide a copy of said certificate
to the Borough prior to occupancy approval by Dallastown Borough.
B.
Outdoor play areas for children must be located in a side or rear
yard and shall be sufficiently enclosed so as to provide for the health
and safety of the children as determined by the Zoning Hearing Board.
C.
At least one parking space for each employee plus one space for each
100 square feet of habitable floor area shall be provided.
D.
Where the use abuts a residential use(s), buffers and screens shall
be provided as necessary to adequately protect neighboring properties.
This includes but is not limited to fences, walls, plantings and open
spaces.
In the R-O or R-T Zone and subject to the requirements of the
zone in which located except as herein modified and provided:
A.
The facility shall obtain a certificate of registration from the
Pennsylvania Department of Public Welfare and shall provide a copy
of said certificate to the Borough prior to occupancy approval by
Dallastown Borough.
B.
Outdoor play areas for children must be located in a side yard or
to the rear of the dwelling to provide for the health and safety of
the children as determined by the Zoning Hearing Board.
C.
No employees, other than residents of the dwelling, shall be permitted.
D.
Day-care operations shall be conducted so as to be clearly incidental
and accessory to the primary use of the property as a residential
dwelling.
In the R-O or R-T Zone and subject to the requirements of the
zone in which located except as herein modified and provided:
A.
The facility must be certified by the York County Area Agency on
Aging prior to occupancy approval by Dallastown Borough.
B.
Domiciliary care operations shall be conducted as an accessory use
to the primary use of the property as a single-family residence.
C.
The domiciliary care home must be owner occupied and only family
members residing on the premises shall provide the care associated
with a domiciliary care facility.
D.
No facilities for cooking or dining shall be provided in individual
rooms or suites.
E.
The home must comply with all local regulations, including but not
limited to fire, health and building codes.
In a C-H Zone and subject to the requirements of that zone except
as herein modified and provided:
A.
Access shall be via an arterial or collector street as designated
in the Borough's thoroughfare classification plan.
B.
All buildings must be set back at least 15 feet from any property
line and 40 feet from a street line.
C.
Buffers and screens at least six feet height shall be provided as
necessary to adequately protect neighboring properties. This includes
but is not limited to fences, walls, plantings and open space.
In the R-O or R-T Zone and subject to the requirements of the
zone in which located except as herein modified and provided:
A.
A buffer yard at least 20 feet in width must be located on the site
in all instances where the site adjoins a residential use. The buffer
yard shall be naturally landscaped, have no impervious cover and shall
not be used for building, parking or loading.
B.
In addition, screening shall be provided as necessary to adequately
protect neighboring properties. This includes but is not limited to
fences, walls, plantings and open spaces.
In the S Zone and subject to the requirements of that zone except
as herein modified and provided:
A.
The display and sale of items not grown on the premises shall be
incidental to the nursery operation. The display and sales area for
such items shall be limited to a total of 25% of the gross display
and sales area of the property.
B.
The display, sale or repair of motorized nursery, lawn or garden
equipment shall not be permitted.
C.
All structural improvements, i.e., parking and loading facilities,
shall be screened from adjoining properties where the use abuts an
R Zone.
D.
One freestanding or attached sign advertising the use may be permitted,
the maximum size of which shall be 30 square feet. Such a sign must
be at least 20 feet from all lot lines.
In the C-S Zone and subject to the requirements of that zone
except as herein modified and provided:
A.
A minimum of 250 square feet of habitable floor area shall be provided
for each occupant.
B.
A common kitchen and dining facility shall be provided and no cooking
or dining facilities shall be provided in individual rooms or suites.
This provision is not intended to require such facilities if the affiliated
institution provides them elsewhere.
C.
Off-street parking shall be provided for each group quarters based
upon one parking space for each occupant.
D.
All group quarters and group homes shall comply with all applicable
building, health, safety and fire codes.
E.
Group quarters may be an accessory or principal use but must be directly
affiliated with a parent religious, educational, charitable or philanthropic
institution.
In the C-S Zone and subject to the requirements of that zone
except as herein modified and provided:
A.
A minimum of 250 square feet of habitable floor area must be provided
for each occupant, including any staff.
B.
A common kitchen and dining facility shall be provided and no cooking
or dining facilities shall be provided in individual rooms or suites.
This provision is not intended to require any kitchen and dining facilities
if an affiliated institution provides them elsewhere.
C.
All halfway houses shall comply with all applicable building, health,
safety and fire codes.
D.
Off-street parking shall be provided for all halfway houses based
upon one parking space for each occupant.
In the I-G Zone and subject to the requirements of that zone
except as herein modified and provided:
A.
Consideration shall be given to potential traffic volumes and problems.
If the proposed use will generate a medium or higher volume of traffic,
i.e., in excess of 750 vehicle trips per day (as per the Pennsylvania
Department of Transportation), access shall be via an arterial or
collector street as designated in the Borough's Thoroughfare Classification
Plan.
B.
A buffer yard 50 feet wide must be located on the site in all instances
where the site adjoins a residential use or zone. The buffer yard
shall be naturally landscaped, have no impervious cover and shall
not be used for building, parking, loading or storage.
C.
Any outdoor storage areas shall be enclosed by a wall or fence and
screened from view of adjoining properties. No material may be stored
so as to create a public health hazard or a public nuisance.
D.
No toxic or hazardous materials may be stored on any property, except
in compliance with applicable state regulations.
[Added 12-11-2023 by Ord. No. 600[1]]
In the R-O and R-T Zones and subject to the requirements of
that zone except as herein modified and provided:
A.
An in-law quarters shall be permitted in single-family detached dwellings.
B.
The in-law quarters shall be a maximum of 40% of the size of the
primary residence and no larger than 1,000 square feet.
C.
The owner(s) of the residence in which the in-law quarters is created
shall occupy either the primary residence or the in-law quarters.
D.
The occupants of the in-law quarters shall be limited to two in number.
E.
The in-law quarters shall be an integral part of the primary residence,
with an interior connection such that, upon the termination of its
use as an in-law quarters, the rooms may be incorporated back into
the original single-family residence.
F.
Additions. Additions to an existing single-family detached dwelling
designed to allow the creation of an in-law quarters in that dwelling
shall be permitted; provided that yard and building coverage requirements
of this chapter are maintained and the addition will facilitate the
creation of an otherwise allowed in-law quarters in a logical manner
considering design, layout and safety factors.
G.
Exterior alterations.
(1)
Alterations to the exterior of the existing dwelling, other than
those to improve the maintenance and attractiveness of the dwelling,
shall be minimized; after creation of the in-law quarters, the building
shall maintain the usual appearance of a single-family detached dwelling
and shall remain compatible with the character of the surrounding
neighborhood.
(2)
The converted dwelling shall have no more than the existing number
of entrances along the front of the building. All other entrances
to either the principal or accessory dwelling units shall be located
on the side or rear of the building.
(3)
No new unenclosed exterior stairways shall be allowed on the front
of the converted dwelling.
(4)
Necessary changes in the number or placement of windows to provide
adequate light and air will be allowed but shall be minimized; any
changes which occur must be done in a manner consistent with the architectural
character of the dwelling.
H.
Parking. A minimum of one all-weather off-street parking space, with
unrestricted ingress and egress to the street, shall be provided for
the in-law quarters, in addition to that required for the original
single-family detached dwelling unit.
I.
Health and safety code requirements.
(1)
The single-family detached dwelling and the in-law quarters shall
conform to all requirements of the applicable building, health, fire
and sanitary codes which regulate structural soundness, overcrowding,
fire protection, sewage disposal and water supply.
(2)
If an on-site sewer or water system is to be used, the applicant
shall submit evidence to the Zoning Officer showing that the total
number of occupants in the single-family detached dwelling and the
in-law quarters will not exceed the maximum capacities for which the
original single-family detached dwelling was designed, unless those
systems are to be expanded, in which case the Expansion approvals
are to be submitted. Any connection to or addition to an existing
on-site sewer system shall be subject to the review and approval of
the Sewage Enforcement Officer.
J.
Recording. The owner of the property shall execute an agreement with
the Borough, which shall be recorded with the Office of the Recorder
of Deeds in and for York County, Pennsylvania, which shall require
the immediate removal of all food preparation facilities from the
in-law quarters at such time as the unit is no longer being utilized
as an in-law quarters and shall set forth the limitations in this
section as to the use and occupancy of the in-law quarters.
In a C-S or C-H Zone and subject to the requirements of the
zone in which located except as herein modified and provided:
A.
Consideration shall be given to potential traffic volumes and problems.
If the proposed use will generate a medium or higher volume of traffic,
i.e., in excess of 750 vehicle trips per day (as per the Pennsylvania
Department of Transportation), access shall be via an arterial or
collector street as designated in the Borough's Thoroughfare Classification
Plan.
B.
The applicant shall furnish evidence that the proposed use will not
be detrimental to the use of adjoining properties because of hours
of operation, noise, light, litter, dust and pollution.
C.
Where the use abuts a residential use(s), buffers and screens shall
be provided as necessary to adequately protect neighboring properties.
This includes but is not limited to fences, walls, plantings and open
spaces.
In the I-G Zone and subject to the requirements of that zone
except as herein modified and provided:
A.
Permitted uses. All uses permitted in the Borough's Industrial-General
Zone shall be permitted.
B.
Lot area. Minimum lot area must be provided equal to that total required
if individual lots were to be subdivided and sold to tenants.
C.
Lot width shall be 200 feet minimum. Individual parcels within the
park shall have a lot width of at least 100 feet.
D.
Individual parcels within the park shall have minimum setbacks as
follows: front, 25 feet; each side, 20 feet; rear, 20 feet.
E.
Access. Primary access shall be via an arterial or collector street
as designated in the Borough's Thoroughfare Classification Plan.
F.
Buffers and screens. When adjacent to a residential zone, a buffer
yard of not less than 100 feet shall be maintained on each side adjoining
the residential zone. The buffer yard shall be naturally landscaped,
have no impervious cover and shall not be used for buildings or loading;
however, parking is permitted within the interior 25 feet of the one-hundred-foot
buffer. Screening shall be provided as necessary to protect neighboring
properties in a residential zone (i.e., to screen from view the industrial
uses.)
G.
All internal streets providing access to parcels within the park
shall be constructed to Borough specifications.
In the R-O, R-T or C-S Zone and subject to the requirements
of the zone in which located except as herein modified and provided:
A.
Buffers and screens shall be provided as necessary to adequately
protect neighboring properties. This includes but is not limited to
fences, walls, plantings and open spaces.
B.
Accessory services, including laboratories and pharmacies for the
use of patients visiting medical practitioners in the clinic, may
be permitted as part of the clinic facility, subject to the following
specific conditions:
(1)
All entrances to parts of the building in which these accessory services
are provided shall be from within the building and any direct access
from the street is prohibited.
(2)
The hours during which these services are provided shall be the same
as those during which medical practitioners are receiving patients.
(3)
In the R-O and R-T Zones signs or other evidence advertising or indicating
the provision of these services visible from outside the building
are prohibited; except that there may be erected one sign not exceeding
two square feet in area attached to the building, any illumination
thereof being white, nonflashing and limited to an enclosed lamp design.
In the I-G Zone and subject to the requirements of that zone
except as herein modified and provided:
A.
Parking for the individual storage units shall be provided by parking/driving
lanes adjacent to the buildings. These lanes shall be at least 20
feet wide where access to storage units is only on one side of the
aisle and at least 30 feet wide where access to storage units is on
both sides of the aisle.
B.
If a manager/business office is established on the site, at least
four parking spaces must be provided adjacent to the office.
C.
The servicing or repair of stored equipment shall not be conducted
on the premises. Also no business activities, other than rental of
storage units, shall be conducted on the premises.
D.
The storage of flammable liquids, highly combustible or explosive
materials or hazardous chemicals is prohibited.
E.
If a parking area is to be provided for the outdoor storage of recreational
vehicles, such parking shall be in addition to any required parking.
F.
All outdoor lights shall be shielded to direct light onto the uses
established and away from adjacent property.
G.
Buffers and screens shall be provided as necessary to adequately
protect neighboring properties. This includes but is not limited to
fences, walls, plantings and open spaces.
H.
All loading areas must be paved or covered with crushed stone so
as to render such areas dust-free and passable in all weather conditions.
In the R-O Zone and subject to the requirements of that zone
except as herein modified and provided:
A.
The minimum lot area shall be three acres.
B.
Each mobile home lot (not including street right-of-way) must not
be less than 10,000 square feet in area and not less than 80 feet
wide at the street right-of-way line.
C.
Public water facilities and public sewer facilities approved by the
Pennsylvania Department of Environmental Protection must be utilized.
D.
The setback of all buildings and structures within the mobile home park shall comply with the setback requirements for the zone in which located (i.e., where setbacks on street frontage and adjoining property lines are concerned, the setbacks for the zone apply to the mobile home park as a single lot). Setbacks for each individual mobile home lot within the mobile home park are listed in Subsection E of this section.
E.
Setback requirements for individual mobile home lots. Each mobile
home lot within the mobile home park shall adhere to the following
minimum setback requirements (however, in no case shall the distance
between any two mobile homes be less than 30 feet in any direction).
F.
The Zoning Hearing Board may require suitable screen planting or
may further restrict the proximity of mobile homes or other improvement
to adjoining properties or may attach such other conditions or safeguards
to the use of land for a mobile home park as the Board may deem necessary
to protect the general welfare.
G.
A mobile home park and extension thereof shall also comply with all
applicable state and/or municipal regulations now in effect or hereafter
enacted.
In the C-H Zone and subject to the requirements of that zone
except as herein modified and provided:
In the C-S Zone and subject to the requirements of that zone
except as herein modified and provided:
A.
Access shall be via an arterial or collector street as designated
in the Borough's Thoroughfare Classification Plan.
B.
All structures shall be setback at least 20 feet from the side property
lines.
C.
Where the use abuts a residential use, buffers and screens shall
be provided as necessary to adequately protect the residential neighboring
property. This includes but is not limited to fences, walls, plantings
and open spaces.
In an R-O or R-T Zone and subject to the requirements of the
zone in which located except as herein modified and provided:
A.
Lot area shall be 20,000 square feet minimum.
B.
Lot width shall be 100 feet minimum.
C.
Height shall be three stories maximum, but no more than 35 feet.
D.
Density. A maximum of six dwelling units per acre shall be permitted
in the R-O Zone. A maximum of eight dwelling units per acre shall
be permitted in the R-T Zone.
E.
Paved area. Not more than 25% of the lot area shall be paved with
an impervious surface, e.g., driveways, parking areas, walkways.
F.
Public sewer and public water approved by the Pennsylvania Department
of Environmental Protection must be utilized.
G.
Distance between buildings. Where two or more multifamily dwellings
are located on a single lot, the minimum distance between principal
buildings shall be 40 feet.
H.
All parking areas shall be located at least 10 feet from any property
line or street line.
I.
Buffers and screens shall be provided as necessary to adequately
protect neighboring properties. This includes but is not limited to
fences, walls, plantings and open spaces.
J.
Setbacks. A minimum setback of 25 feet is required from all property
lines.
In any zone and subject to the requirements of the zone in which
located except as herein modified and provided:
A.
Expansion of the nonconformity shall be confined to the lot on which
it is located on the effective date of this chapter or any amendment
thereto creating the nonconformity.
B.
The total of all such expansion shall not exceed an additional 35%
of the area of those buildings, structures or land area devoted to
the nonconforming use as they existed on the date on which such buildings,
structures or use first became nonconformities.
C.
Provision for access drives, off-street parking and off-street loading
shall be consistent with standards required by this chapter.
D.
Provision for yards, building height and building area shall be consistent
with the standards required for permitted uses in the zone in which
the nonconformity in question is located.
E.
Appearance should be harmonious with surrounding properties. This
feature includes but is not limited to landscaping, enclosure of principal
and accessory uses, height control, sign control and maintenance in
good condition of all improvements and open spaces.
F.
Buffers and screens shall be provided as necessary to adequately
protect neighboring properties. This includes but is not limited to
fences, walls, plantings and open spaces.
G.
The expansion shall not create new dimensional nonconformities or
further increase existing dimensional nonconformities.
In an R-O, C-S or S Zone and subject to the requirements of
the zone in which located except as herein modified and provided:
A.
A minimum lot size of one acre is required.
B.
A minimum lot width of 150 feet is required.
C.
Consideration shall be given to potential traffic volumes and problems.
If the proposed use will generate a medium or higher volume of traffic,
i.e., in excess of 750 vehicle trips per day (as per the Pennsylvania
Department of Transportation), access shall be via an arterial or
collector street as designated in the Borough's Thoroughfare Classification
Plan.
D.
The applicant shall furnish evidence that the proposed use will not
be detrimental to the use of adjoining properties because of hours
of operation, noise, light, litter, dust and pollution.
E.
Buffers and screens shall be provided as necessary to adequately
protect neighboring properties. This includes but is not limited to
fences, walls, plantings and open spaces.
In the R-O, R-T or S Zone and subject to the requirements of
the zone in which located except as herein modified and provided:
A.
The Zoning Hearing Board shall review and decide upon the appropriateness
of the design of parking, lighting and similar features of the proposed
use to minimize adverse impacts on adjacent properties.
B.
Existing trees and vegetation shall be preserved, to the extent possible,
to maintain the area in a natural state.
In the R-T or C-S Zone and subject to the requirements of the
zone in which located except as herein modified and provided:
A.
The applicant must secure a license from the Pennsylvania Department
of Public Welfare and submit a copy of said license to the Borough
prior to occupancy approval by Dallastown Borough.
B.
No kitchen or dining facilities shall be permitted in individual
rooms or suites.
C.
The facility must meet all applicable fire, health, safety and building
codes.
D.
At least one parking space for each employee plus one parking space
for each bedroom shall be provided.
In the R-O, R-T or C-S Zone and subject to the requirements
of the zone in which located except as herein modified and provided:
A.
Outdoor storage of materials shall be prohibited within the residential
zones. Outdoor storage in other zones shall be completely enclosed
with a six-foot-high fence and screened from adjoining streets and
properties.
B.
The storage of maintenance vehicles and related apparatus shall be
within wholly enclosed buildings.
C.
The use may be exempted from lot coverage and open area requirements,
provided that the Borough Engineer has approved the stormwater management
plan and other design aspects of the site.
D.
All off-street parking shall be at least 10 feet from all property
lines.
In the R-T, C-S, C-H or I-G Zone and subject to the requirements
of the zone in which located except as herein modified and provided:
A.
Not more than 90% of the lot area shall be covered with impervious
surfaces.
B.
No sale, rental, service or repair operation is permitted.
C.
The design of the parking facility must be approved by the Borough
Engineer with regards to layout, access, drainage and dimensions of
aisles.
D.
Except along access drives, a concrete curb which provides a curb
reveal of eight inches in height must be placed along all street right-of-way
lines.
E.
To protect other vehicles and pedestrians in the immediate area of
such a use, railing, fencing, posts and chains or similar protective
barricades must be located on the perimeter of the parking areas except
at access drives or exits.
F.
Buffers and screens shall be provided as necessary to adequately
protect neighboring properties. This includes but is not limited to
fences, walls, plantings and open spaces.
G.
If intended for night use, adequate lighting must be provided. The
lighting provided must be directed down and onto the parking area.
In any zone and subject to the requirements of the zone in which
located except as herein modified and provided:
A.
The permitted building or structure shall not include the storage
of vehicles or equipment used in the maintenance of any utility, and
no equipment causing unreasonable noise, vibration, smoke, odor or
hazardous effect shall be installed.
B.
Unhoused equipment shall be enclosed with a fence or wall not less
than six feet in height which shall be so constructed as not to have
openings, holes or gaps larger than two inches in any dimension. Such
fence must be surrounded by evergreen plantings.
C.
There shall be no specific minimum lot size; however, each lot shall
provide front, side and rear setbacks which comply with the requirements
of the zone in which located. Such uses shall be exempt from lot coverage
and open area requirements of the zone in which located, provided
that the stormwater management plan is approved by the Borough Engineer.
In a C-S or R-T Zone and subject to the requirements of the
zone in which located except as herein modified and provided:
A.
Any structure proposed as a rooming house or boardinghouse shall
have a habitable floor area in addition to that required for the person
or family operating the facility of at least 250 square feet for each
roomer or boarder.
B.
No facilities for cooking or dining shall be provided in individual
rooms or suites.
C.
All rooming houses and boardinghouses shall comply with all applicable
local regulations, including but not limited to fire, health, safety
and building codes.
In the C-S or C-H Zone and subject to the requirements of the
zone in which located except as herein modified and provided:
A.
Lot area shall be 12,000 square feet minimum.
B.
Buildings must be set back at least 40 feet from the street line.
C.
Gasoline pumps and all service equipment must be set back at least
20 feet from any lot line or street right-of-way line and located
so that vehicles stopped for service will not extend over the property
line.
D.
All lights must be diverted toward the facility or downward on the
lot.
E.
No outdoor stockpiling of tires or outdoor storage of trash is permitted.
An area enclosed by a wall, fence or vegetative material and screened
from view of adjoining properties shall be provided whenever outdoor
storage is required. No materials may be stored so as to create a
fire hazard.
F.
At least 10% of the lot on which the facility is situated must be
devoted to natural landscaping.
G.
All merchandise, except vending machines and oil racks, shall be
displayed within a building.
H.
Access shall be via an arterial or collector street as designated
in the Borough's Thoroughfare Classification Plan.
In the C-S or C-H Zone and subject to the requirements of the
zone in which located except as herein modified and provided:
A.
All buildings must be setback at least 25 feet from any property
line and 40 feet from a street line.
B.
Access shall be via an arterial or collector street as designated
in the Borough's Thoroughfare Classification Plan.
C.
A buffer yard at least 20 feet wide must be provided on the site
in all instances where the site adjoins a residential zone or use.
The buffer yard shall be naturally landscaped, have no impervious
cover and shall not be used for building, parking, loading or storage
purposes. In addition, screening shall be provided as necessary to
adequately protect neighboring properties. This includes but is not
limited to fences, walls and plantings.
In the R-T Zone and subject to the requirements of that zone
except as herein modified and provided:
In the I-G Zone and subject to the requirements of that zone
except as herein modified and provided:
A.
Any processing of solid waste, including but not limited to incineration,
compaction, material separation, recycling, refuse-derived fuel and
pyrolysis, shall be conducted within a wholly enclosed building.
B.
No refuse shall be deposited or stored and no building or structure
shall be located within 50 feet of any property line.
C.
A buffer yard at least 50 feet wide shall be located along all property
lines. No structures, storage, parking or any other related activity
or operation shall be permitted within this area. The buffer shall
be naturally landscaped and have no impervious cover.
D.
Any area used for the unloading, transfer, storage, processing or
incineration of refuse must be completely screened from ground-level
view at the property line. In addition, such areas must also be completely
enclosed by an eight-foot-high fence, with no openings greater than
two inches in any direction.
E.
All uses shall provide sufficiently long stacking lanes into the
facility, so that vehicles waiting to be weighed will not back up
onto public roads.
F.
Access to the site shall be limited to those times when an attendant
is on duty. In order to protect against indiscriminate and unauthorized
dumping, all areas of the site shall be protected by locked barricades,
fences, gates or other means designed to deny access to the area at
unauthorized times or locations.
G.
Hazardous waste as described by the Department of Environmental Protection
shall not be accepted at the proposed facility.
H.
The unloading, processing and transfer of solid waste shall be continuously
supervised by a qualified facility operator.
I.
Any waste that cannot be used in any disposal process or material
that is to be recycled shall be stored in leakproof and vectorproof
containers. Such containers shall be designed to prevent their being
carried by wind or water.
J.
All storage of solid waste shall be indoors in a manner that is leakproof
and vectorproof. During normal operation, no more solid waste shall
be stored on the property than is needed to keep the facility in constant
operation.
K.
A contingency plan for the disposal of solid waste during a facility
shutdown shall be submitted to the Borough.
L.
The applicant shall submit an analysis of raw water needs indicating
the quantity of water required. The applicant shall also submit documentation
that the public water authority will supply the water needed.
M.
The applicant shall provide an analysis of the physical conditions
of the primary road system serving the proposed use. The analysis
shall include information on current traffic flows on this road system
and projections of traffic generated by the proposed use. Improvements
to the road shall be provided by the applicant to ensure safe turning
movements to and from the site and safe through movement on the existing
road.
N.
The applicant shall submit proof that the proposed facility complies
with the regulations of the Department of Environmental Protection
and has been permitted in writing by said agency.
In the C-S Zone and subject to the requirements of that zone
except as herein modified and provided:
A.
Buffers and screens shall be provided as necessary to adequately
protect neighboring properties from any adverse effects of the use
or vehicular traffic. This includes but is not limited to fences,
walls, plantings and open spaces.
B.
The use shall not constitute a public or private nuisance.
C.
The use must be more than 200 feet from any church, hospital, charitable
organization, school or public playground.
D.
The use must be more than 200 feet from any other facility licensed
by the Pennsylvania Liquor Control Board.
In the I-G Zone and subject to the requirements of that zone
except as herein modified and provided:
A.
Access shall be via an arterial or collector street as designated
in the Borough's Thoroughfare Classification Plan.
B.
Satisfactory provision shall be made to minimize harmful or unpleasant
effects such as noise, odors, fumes, glare, vibration or smoke.
C.
A buffer yard at least 50 feet wide must be located on the terminal
site in all situations where the site adjoins a residential zone.
This yard shall be naturally landscaped, have no impervious cover
and shall not be used for parking, building, loading or storage purposes.
