Borough of Dublin, PA USE REGULATIONS

[1]

Editor's Note: The Table of Use Regulations is included as an attachment to this chapter.

[Ord. 294, 11/26/2007, § 27-505; as amended by Ord. 290, 7/12/2010]

Agricultural Uses.

(A1)

Crop Farming/Nursery. The growing, harvesting, storage and/or sale of field, truck and tree crops.

(1)

Parking. One off-street parking space for each employee.

(A2)

Greenhouse. The indoor raising of plants, shrubs and/or trees for sale and transplantation.

(1)

Parking. One off-street parking space for each employee and one off-street parking space for each 100 square feet of gross area used or intended to be used for servicing retail customers.

(A3)

Animal Husbandry. The raising, and/or keeping of livestock and/or poultry for gain and/or profit, subject to the following provisions:

(1)

The minimum lot size shall be five acres in area.

(2)

Any building used for the raising or keeping of livestock or poultry shall be located no less than 200 feet from any street line, dwelling or well, other than the owners well, and not less than 100 feet from the owner's well or any property line.

(3)

Mass production feeding (over 500 head of livestock or 5,000 fowl) shall not be permitted without the specific sanction of the Federal Environmental Protection Agency.

(4)

Parking. No less than two off-street parking spaces per dwelling unit, and one off-street parking space per two employees.

(A4)

Kennel. Any lot on which more than five animals are kept, boarded, or trained for a fee, whether or not in special buildings or runs, including, but not limited to, dog and cat kennels, provided:

(1)

Minimum lot size shall not be less than 10 acres.

(2)

No animal shelter or run shall be located less than 200 feet from any property line.

(3)

A buffer yard of 25 feet shall be required and shall be in accordance with § 27-610.

(4)

Parking. One off-street parking space for each employee plus one off-street parking space for each 10 animals of capacity.

(A5)

Stable. Any lot on which horses are kept, boarded, or trained for a fee, including horses kept as pets, whether in special buildings or not, horse stables, or riding academies, provided:

(1)

Minimum lot size shall not be less than five acres.

(2)

No animal shelter or stable shall be located less than 200 feet from any lot line.

(3)

Parking. One off-street parking space for each employee plus one off-street parking space for each four animals of capacity.

(A6)

Forestry. The management of forests and timberlands when practiced in accordance with accepted silvicultural principles through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve any land development.

(1)

For all forestry operations, a zoning permit shall be required and the following conditions shall be met:

(a)

All applications for a forestry zoning permit shall be accompanied by a forestry management plan, prepared by a qualified forester in accordance with the best management practices of the sustainable forestry initiative and the principles and criteria of the Forestry Stewardship Council. The plan shall be submitted to the Zoning Officer or appropriate municipal authority and the Bucks County Conservation District (BCCD) for approval. All forestry management plans shall contain the following minimum requirements:

Existing features plan which includes the surveyed site boundary, a site location map, adjacent roadways (site access), the overall site area, existing structures, the location and identification of the principle variety or varieties of trees on the site, and all natural resources found on the site including, but not limited to, slopes, wetlands, floodplain, riparian corridor, soil types, etc.

An overall plan (narrative), map, and corresponding schedule which indicates the locations and areas to be logged and the proposed timeline of the entire logging program. Plan should address the proposed road system, log landings, skid roads and trails, and maintenance. The plan should address any temporary road system design, removal and restoration, stream crossings, haul roads, road use, and location in relation to state and Township roads. The plan should also address water control structures, log landing removal and restoration, and maintenance. Copies of all necessary permits shall be required to appear in the plan's appendix.

A reforestation program that outlines procedures and methods for re-establishment of the forest on a sustained yield basis. The program shall specifically identify each principal variety of tree to be reforested, the method of reforestation to be employed, and the recommended reforestation or regeneration period in terms of years.

An erosion and sedimentation control plan designed to prevent erosion and sedimentation during and after the operation, as well as protect any remaining trees and other natural features. This plan shall meet applicable erosion and sedimentation control and stream crossing regulations under the Clean Stream Law, 35 P.S. § 691.1 et seq. [25 Pa. Code, Chapter 102, Erosion Control Rules and Regulations issued under Act of June 22, 1937, P.L. 1987 (Clean Streams Law)] and the Dam Safety and Encroachments Act, 32 P.S. § 693.1 et seq. [25 Pa. Code, Chapter 105, Dam and Waterway Management Rules and Regulations issued under Act of 1978, P.L. 1375 (Dam Safety and Encroachments Act)]. The plan shall be submitted to and approved by Bucks County Conservation District and the Borough shall receive a copy of the "letter of adequacy" issued by the district, along with any associated plans, reports, and permits.

All cutting, skidding, removing, and transporting of trees shall be planned and performed in such a manner as to minimize the disturbance of or damage to other trees and vegetation and the land itself, including soil compaction. A narrative of these procedures shall be included in the plan.

All plans shall show how the general habitat and visual screening of the forest is to be maintained so that the forest retains its visual and habitat qualities at all stages of the long-range cutting plan.

(b)

The area of the forest shall not be cleared below 80% of the forest as it exists at the time of application. The area of land located within the required buffer yards shall be excluded in determining the area of the forest.

(c)

All required performance standards, environmental performance standards, and area and dimensional requirements of the zoning district in which the forestry operations are to take place, shall be met.

(d)

"No logging" buffer zones shall be maintained along both sides of any streams and around the perimeter of any springs. The minimum buffer shall be 50 feet. Buffers along any riparian corridor shall also be provided.

(e)

General Operational Requirements. The following requirements shall govern all forestry activities:

Skidding across perennial or intermittent streams is prohibited except over bridges and culverts.

Felling or skidding on, across, or within any public right-of-way is prohibited without the express written consent of the party responsible for the right-of-way.

No tops or slash shall be left within 25 feet of any public right-of-way, nor within the minimum distance of the required buffer yard from any adjacent property.

All tops and slash shall be cut to a maximum height of four feet within 100 feet of any property line.

All tops and slash be lopped to a maximum height of six feet when located between 25 and 50 feet of a public right-of-way.

(f)

A bond shall be posted, in accordance with Borough standards, to ensure reforestation and regrowth for a minimum of a two-year period. Escrow fees shall also be required to cover the expense of the plan review by the Borough's professionals, as well as meeting attendance, and necessary inspections.

(g)

A minimum of two meetings are required with the applicant and the Borough's professionals. One meeting shall take place prior to any clearing to field verify items contained within the management plan and another inspection meeting shall follow each stage of reforestation to verify proper planting techniques in accordance with the approved management plan and to allow for the release of set bonds. Officials from the BCCD should also be in attendance at these meetings.

(h)

A copy of the required forestry management plan and zoning permit shall be available on the site at all times. The forestry operation is subject to site inspection by Borough officials.

(2)

Any landowner or operator who violates any provision of this section or who willfully or negligently violates any provision of this section is subject to the provisions of Part 14 of this chapter and/or any additional penalties approved by the Board of Supervisors.

(3)

Individual property owners who choose to cut a tree or trees as part of yard maintenance shall be exempt from the provisions of this chapter if the following conditions are met:

(a)

The area to be cleared shall not exceed 1/2 of an acre.

The tree or trees to be removed are dead or diseased.

The tree or trees to be removed are in such condition or physical position as to constitute a danger to the structures or occupants of properties or a public right-of-way.

Should the area exceed 1/2 of an acre, exceed the woodlands protection of 80%, or include more than the removal of dead trees or selective clearing, a zoning permit shall be required from the Zoning Officer.

(4)

Prior to the start of any forestry activities, the applicant shall provide the Borough with a signed, recorded agreement clearly stating that no cutting or clearing shall be considered to reduce the area of the forest/woodland for any subdivision or land development, proposed or not, pursuant to this chapter.

(5)

Parking. One off-street parking space for each employee.

Residential Uses.

(B1)

Single-Family Detached Dwellings. A dwelling designed for and used for occupancy exclusively by one family having only one dwelling unit from ground to roof and having independent outside access and open space on all sides.

(1)

Parking. A minimum of two off-street parking spaces per dwelling unit is required.

(B2)

Twin Dwelling. A dwelling having two dwelling units arranged side by side with only one dwelling unit from ground to roof, independent outside access, and any portion of only one wall in common with another dwelling unit.

(1)

Parking. A minimum of two off-street parking spaces per dwelling unit is required.

(B3)

Cluster Development. A planned development of single-family detached or twin dwellings on lots with modified dimensional requirements.

(1)

Dimensional standards for permitted housing types shall be no less than the dimensional standards given in Part 4.

(2)

Minimum density, open space, and impervious surface standards shall be no less than in the standards found in Part 4.

(3)

Buffer yards no less than 15 feet in width shall be provided in accordance with the standards presented in § 27-610, "Buffer Yards."

(4)

Open space shall be laid out and maintained in accordance with § 27-702, "Open Space in Residential Developments."

(5)

All plans for use B3, Cluster Development of 25 units or more shall be submitted with a community impact analysis to include traffic projections and sewer and water availability.

(6)

Parking. A minimum of two off-street parking spaces per dwelling unit is required. Three off-street parking spaces are required for dwellings having three or more bedrooms, not including garage.

(B4)

Village House. The village house is a single-family detached house on a separate lot. It differs from other forms of single-family detached housing in its lot size and its placement on the lot. It is similar to houses found in the historic villages and towns. The house is placed very close to the street and is additionally distinguished from other single-family houses by plant or architectural treatments. Each unit shall meet two or more of the following characteristics:

(1)

Two canopy trees per lot, or three flowering trees per lot.

(2)

An unenclosed porch, running across at least three-quarters of the house front, being at least seven feet in width.

(3)

A front yard raised above sidewalk grade by at least 30 inches and a retaining wall of at least 18 inches at the sidewalk line.

(4)

A front yard enclosed by a wall or fence of permanent construction at least 30 inches but not to exceed 48 inches in height when measured from grade, and one flowering shrub per 90 inches across the width of the side of the house facing the street.

(5)

Hedge of shrubs planted 18 inches on center for width of yard facing street and two flowering trees.

	Canopy Trees	3-inch caliper
	Flowering Trees	2 1/2 inch caliper
	Flowering Shrubs (flowering shrubs or evergreens or spreading varieties)	24 inches height 18 inches diameter
	Hedge Shrubs	30 inches height

(6)

Parking. A minimum of two off-street parking spaces per dwelling unit is required. Three off-street parking spaces are required for dwellings having three or more bedrooms, not including garage.

(B5)

Performance Development. A development which permits a variety of housing types subject to a series of performance standards. The performance development requires the provision of open space and limits the density and impervious surfaces. See Part 4. All performance developments are subject to the following requirements:

(1)

All plans for use B5, Performance Development, shall be submitted with a community impact analysis to include traffic projections, and sewer and water availability.

(2)

Yards. The yard requirement found in Subparagraph (5)(a) of this section shall be applied to the individual lots proposed in the performance development. Buffer yards shall be required around all the boundaries of a performance development site, in accordance with § 27-610, and shall be considered as part of the minimum open space requirement.

(3)

An amount of land shall be set aside as permanent usable open space and shall:

(a)

Be suitable for use as a park, playground, pedestrian accessway or other similar public purpose, or because of its topography, vegetation, or other natural character, be left open with no particular use assigned to it.

(b)

Either be dedicated to the Borough if acceptable to them, or to be maintained according to the ownership provisions of § 27-702, "Open Space in Residential Developments," or a fee in lieu of open space may be offered to the Borough to be used for the acquisition of recreational land.

(4)

Parking. A minimum of two off-street parking spaces per dwelling unit is required. Three off-street parking spaces are required for dwellings having three or more bedrooms, not including garage.

(5)

Single-Family Detached Dwelling.

(a)

A single-family residence on an individual lot with private yards on all four sides of the house.

(b)

Table of Dimensional Requirements.

Lot area minimum		8,000 square feet
Lot area average		10,000 square feet
Minimum yards:
	Front	35 feet
	Side	10 feet
	Rear	40 feet
Minimum lot width at setback		70 feet

(6)

Twin House.

(a)

A twin house is a single-family semidetached dwelling unit having only one wall in common with another dwelling unit.

(b)

Table of Dimensional Requirements.

Lot area/unit minimum		4,500 square feet
Lot area/unit average		5,000 square feet
Maximum building coverage		35% of lot
Minimum building setback:
	From street	30 feet
	Side yards (each)	10 feet
	Rear yard	20 feet
Minimum lot width/unit at setback line		45 feet

(7)

Duplex.

(a)

A duplex is a two-family dwelling unit where one dwelling unit is located over the other.

(b)

Table of Dimensional Requirements.

Lot area minimum		7,000 square feet
Lot area average		8,000 square feet
Minimum building setback:
	From street	30 feet
	Side yard (each)	15 feet
	Rear yard	20 feet
Minimum lot width at building setback		70 feet

(8)

Patio House.

(a)

The patio house is a single-family detached or semi-detached unit, with one dwelling unit from ground to roof having individual outside access. The lot shall be fully enclosed by a wall four to six feet in height. All living spaces, i.e., living rooms, dens and bedrooms, shall open onto a major open area or patio.

(b)

Table of Dimensional Requirements.

	Lot area minimum	6,000 square feet
	Minimum front and rear yard setback for wall and structure from street	15 feet
	Minimum lot width at setback	60 feet
	Minimum side yards (for building)	10 feet
	Maximum building height	24 feet
	Minimum patio area	65% (of building coverage)

A patio is the area surrounding the house which is enclosed by a wall for privacy. The minimum patio area is determined by multiplying the actual building coverage by the patio area percentage (.65).

Minimum patio dimension

20 x 20 feet

(9)

Atrium House.

(a)

The atrium house is a single-family, attached, one story dwelling unit with individual outside access. The lot shall be fully enclosed by a wall six feet high. A private yard, herein called an atrium, shall be included on each lot. All living rooms, dens, and bedrooms, shall be open onto the atrium.

(b)

Table of Dimensional Requirements.

Lot area minimum		5,000 square feet
Maximum building coverage		65% (of lot area)
Minimum setback for wall and structure:
	From street	15 feet
	From parking lot	25 feet
	Rear yard	10 feet
Minimum lot width at building setback		50 feet
Minimum atrium area		35% (of lot area)
An atrium is a small private area surrounded by the house and wall. The minimum area of the atrium is determined by multiplying the building coverage by the atrium area percentage (0.35).
Minimum atrium dimension		16 by 10 feet
Maximum height		12 feet

(10)

Weak-link Townhouse.

(a)

The weak-link townhouse is a single-family attached dwelling, having individual outside access, with one dwelling unit from ground to roof. Each dwelling shall consist of a one story portion and a two-story portion, with the one story portion placed between two dwelling units along the street frontage. A row of attached dwellings shall not exceed five dwelling units.

(b)

Table of Dimensional Requirements.

Lot area minimum		3,000 square feet
Lot area average		3,400 square feet
Minimum lot width		30 feet
Minimum width one story		12 feet
Maximum building coverage without garage		40% of lot
With one car garage		50% of lot
With two car garage		60% of lot
Minimum building setback with on lot parking:
	Street	20 feet
	Pedestrian walkway	20 feet
Minimum building setback without on lot parking:
	Street	15 feet
	Parking lot	10 feet
	Pedestrian walkway	5 feet
Minimum building spacing		30 feet
Minimum rear yard		30 feet

(11)

Townhouse.

(a)

The townhouse is a single-family attached dwelling unit from ground to roof, having individual outside access. A row of attached townhouses shall not exceed 6 dwelling units.

(b)

Table of Dimensional Requirements.

Lot area minimum		2,500 square feet
Lot area average		3,000 square feet
Minimum lot width		24 feet
Maximum building coverage		50% of lot
Minimum building setback:
	Street	20 feet
	Pedestrian walkway	20 feet
	Parking lot	20 feet
Minimum rear yard		20 feet
Minimum building spacing		30 feet

(12)

Multiplex.

(a)

The multiplex is an attached dwelling. In general, all units have independent outside access; but this is not necessary. Units may be arranged in a variety of configurations; side-by-side, back-to-back, or vertically. The essential feature is the small number of units attached. No more than five shall be attached in any group, and groups shall average no more than four units per structure. No more than three units shall be placed in a row arrangement.

(b)

Table of Dimensional Requirements.

	Minimum lot area per unit	2,500 square feet
	Minimum lot area per building	8,000 square feet
	Maximum impervious surface ratio (on-lot)	0.5
	Minimum front yards (setback from street)	30 feet
	Minimum setback from parking lot	15 feet
	Minimum side yard (each)	15 feet
	Minimum rear yard	25 feet
	Minimum lot width (at minimum building setback line)	80 feet
	Maximum height	35 feet

(B6)

Garden Apartments.

(1)

Garden apartments are multi-family buildings where individual dwelling units share a common outside access. They also share a common yard area, which is the sum of the required lot areas of all dwelling units within the building. Garden apartments shall contain three or more dwellings in a single structure.

(2)

Table of Dimensional Requirements.

		Avg. Apt. Size (square feet)	Min. Lot area per DU (square feet)
Efficiency		500	1,300
1 BR		655	1,750
2 BR		950	2,000
3 BR		1125	2,250
4 BR		1,330	2,500
Minimum site area		5 acres
Maximum impervious surface		50% of site
Minimum lot size per building		1 acre
Minimum building setback line:
	Street		50 feet
	Parking		30 feet
Maximum number of units per building			16
Minimum building spacing			50 feet
Minimum street frontage			100 feet
Maximum building height			35 feet

(3)

All plans for use B6, Garden Apartments shall be submitted with a community impact analysis to include traffic projections, and water and sewer availability.

(4)

Parking. A minimum of two off-street parking spaces per dwelling unit is required.

(B7)

Mobile Home. A transportable single-family dwelling intended for permanent occupancy contained in one unit, or in two units designated to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a foundation. Recreational vehicles shall not be considered mobile homes.

(1)

Parking. A minimum of two off-street parking spaces per dwelling unit is required.

(B8)

Mobile Home Park. A parcel of land under single ownership which has been planned and improved for the placement of mobile homes for dwelling or sleeping purposes and for non-transient use, provided:

(1)

Minimum site area: 10 acres.

(2)

Table of Dimensional Requirements for Mobile Home Lots.

	Mini-mum Lot Area (square feet)	Mini-mum Lot Width at Build-ing Set-back (feet)	Maxi-mum Imperv-ious Surf-aces on Lot (per-cent)	Minimum Yards			Mini-mum Dist-ance Be-tween Units (feet)
				Front	Side (feet)	Rear
Single-wide units 51 feet long	4,800	45	45%	20	5	15	30
Single-wide units 61 feet long	5,250	45	45%	20	5	15	30
Double-wide units	7,000	60	45%	30	5	15	30
Acces-sory building				30	15	15	10

(3)

An enclosure of compatible design and material shall be erected around the entire base of each mobile home. Such enclosure shall provide sufficient ventilation to inhibit decay and deterioration of the structure. The hitch which is employed for the normal movement of the unit shall be removed.

(4)

No mobile home shall be erected in a mobile home lot except upon a mobile home pad. Each mobile home unit shall have its own separate pad.

(a)

Each mobile home pad shall be at least equal in length and width to the dimensions of the mobile home to be placed thereon.

(b)

The pad, at least six inches in thickness, shall be constructed from either concrete, macadam or other material adequate to support the mobile home and to prevent abnormal settling or heaving under the weight of the home. The corners of the mobile homes shall be secured to prevent wind overturn and rocking with at least six tie-downs such as concrete "dead men," screw augers, arrowhead anchors, or other devices suitable to withstand a tension of at least 2,800 pounds. Each mobile home shall be set level on sturdy and substantial supports.

(5)

Off-Street Parking.

(a)

Two off-street parking spaces shall be provided for each mobile home lot. All parking spaces and driveways shall be at least five feet from any side or rear mobile home site line.

(b)

Where recreational facilities are provided within a mobile home park, the same shall be equipped with adequate off-street parking facilities providing 1 1/2 spaces per employee.

(c)

Additional parking spaces for vehicles of nonresidents shall be provided at the rate of two spaces for each 10 units. Such parking spaces may only be provided as additional off-street common parking spaces. Parking shall be prohibited on internal roads and it shall be the duty of the owner or operator of the mobile home park to enforce this provision.

(6)

Service Buildings and Recreation Facilities. Within a mobile home park, nonresidential uses such as a management office, storage facilities for the park residents, laundry facilities, maintenance building and storage for park maintenance equipment, and a community room for the use of the park residents may be constructed subject to the following standards:

(a)

A maximum of 10% of the site area may be used for these purposes. Included in computing the area shall be the buildings, parking, and all required buffer yard requirements.

(b)

A minimum of 10% of the site must be utilized for recreational facilities or areas including, but not limited to, tennis courts, playground areas, and/or whatever is required by Borough Council. These recreational areas may be included in the required open space.

(c)

All buildings must be set back at least 50 feet from adjacent mobile homes.

(d)

All buildings must be set back 50 feet from interior streets in the mobile home park.

(e)

The number of parking spaces to be provided will depend upon the type of facilities proposed and the extent of those facilities. The parking requirements of this chapter for similar uses will be used to determine the number of spaces required.

(7)

Buffer Requirements. No mobile home lot shall be located closer than 50 feet from any residential district line or closer to any property line on which a single-family residence is erected. Along the perimeter of all mobile home parks a thirty-five-foot planting strip shall be created to conform with § 27-610.

(8)

All plans for use B8-Mobile Home Park shall be submitted with a community impact analysis to include traffic projections and water and sewer availability.

(B9)

Residential Conversion. Such use shall include the conversion of an existing dwelling into more than one dwelling.

(1)

The yard requirements for the district in which the use is located shall be met.

(2)

The lot area per dwelling unit shall not be reduced thereby to less than the minimum lot area required for a single-family detached dwelling within each residential district.

(3)

The following minimum floor areas per unit shall be required:

	Efficiency	400 square feet
	1 BR	600 square feet
	2 BR	750 square feet

(4)

All conversions must comply with all applicable regulations of the Pennsylvania Department of Labor and Industry in addition to all local building codes and permit requirements of the Bucks County Department of Health, as applicable.

(5)

The appearance of the conversion shall be in conformance with existing structure regarding size, bulk, etc.

(6)

Exterior fire escapes and outside stairways shall be located at the rear or side of the building.

(7)

Parking. No less than two off-street parking spaces for each dwelling unit. In addition, the following standards shall be met:

(a)

No off-street parking shall be permitted in the front yard. A ten-foot driveway providing access to parking areas in the side or rear of the property may be located in the front yard. All off-street parking areas must be located at least 10 feet from any property line. All off-street parking areas which contain more than five spaces must comply with the buffer and screening requirements of this chapter.

(b)

The intensity of development may be contingent upon the amount of parking permitted for any given lot. No parking shall be so extensive in proportion to the total area of any lot so as to detract from the residential character of the community. The maximum impervious surface ratio for the district may not be exceeded.

(B10)

Manor House. The manor house is an attached dwelling in which most units have independent outside access.

[Added by Ord. 312, 4/24/2017]

(1)

Units shall be arranged side-by-side and back-to-back.

(2)

No more than six units per structure.

(3)

The building shall look like a large single-family detached home in the style of a country home and have a pitched roof(s) with dormers and chimneys.

(4)

A minimum of two off street parking spaces per dwelling unit is required.

(B11)

Live-Work Units. A live-work unit is a combination of a dwelling unit and business space, such as a shop or office that is open to the public for retail trade or personal or professional services, subject to the following conditions:

[Added by Ord. 312, 4/24/2017]

(1)

Occupations permitted include accountants; architects; artists and artisans; attorneys; computer software and multimedia-related professionals; consultants; engineers; planners; fashion, graphic, interior and other designers; insurance, real estate, and travel agents; photographers; and similar occupations.

(2)

Each live-work unit shall have adequate and clearly defined working space, constituting maximum of not less than 50% of the gross floor area of the live-work unit. Each unit must also be equipped with a kitchen with a stove and oven, and an enclosed bathroom containing a bathroom sink, toilet, and shower.

(3)

A maximum of four employees (the unit owner and three employees) may be permitted to work in the unit at any given time.

(4)

A live-work unit may be in a separate building by itself or in a building with a combination of other uses. When combined with other uses in a mixed-use building, it is considered a residential use.

(5)

Parking Requirement. One parking space shall be provided per live-work unit, plus one space per employee.

(B12)

Townhouse. The townhouse is a single-family attached dwelling unit from ground to roof, having individual outside access. A row of attached townhouses shall not exceed six dwelling units.

[Added by Ord. 312, 4/24/2017]

(1)

Table of Dimensional Requirements.

[Amended by Ord. No. 324, 6/10/2019]

Lot area minimum		2,000 square feet
Minimum lot width		20 feet
Maximum building coverage		65%
Minimum building setbacks
	Street	20 feet
	Pedestrian walkway	15 feet
	Parking lot	20 feet
Minimum rear yard		20 feet
Minimum building spacing		15 feet

(2)

Parking. A minimum of two off-street parking spaces per dwelling unit is required, not including a garage.

Institutional and Recreational Uses.

(C1)

Private School. Religious, sectarian and non-sectarian denominational, private, daytime school which is not conducted as a private gainful business.

(1)

Table of Dimensional Requirements.

Lot area minimum		2 acres
Minimum setbacks:
	Front yard	50 feet
	Side yard (each)	30 feet
	Rear yard	50 feet

(2)

Minimum Off-Street Parking Standards.

(a)

Kindergarten. One off-street parking space for each faculty member and employee plus two additional spaces per classroom.

(b)

Elementary School. One off-street parking space for each faculty member and employee plus one space per two classrooms and offices.

(c)

Junior High School. One off-street parking space for each faculty member and employee plus one space per two classrooms and offices.

(d)

Senior High School. One off-street parking space per faculty member and employee plus one space per 10 students of projected building capacity.

(e)

College and Junior College. One off-street parking space per faculty member and employee, plus one space for each 10 classroom seats or one off-street parking space for each 10 auditorium seats, whichever requires the greater number of off-street parking spaces.

(C2)

Public School.

(1)

Table of Dimensional Standards.

Lot area minimum		10 acres
Minimum setbacks:
	Front yard	50 feet
	Side yard	30 feet
	Rear yard	50 feet

(2)

Minimum Off-Street Parking Standards.

(a)

Kindergarten. One off-street parking space for each faculty member and employee plus two additional spaces per classroom.

(b)

Elementary School. One off-street parking space for each faculty member and employee plus one space per two classrooms and offices.

(c)

Junior High School. One off-street parking space for each faculty member and employee plus one space per two classrooms and offices.

(d)

Senior High School. One off-street parking space per faculty member and employee plus one space per 10 students of projected building capacity.

(e)

(C3)

Public Utilities. Transformer station, pumping station, relay station, towers (transmission or relay) substations, switching center, sewage treatment plant, and any similar or related installation not including public incinerators and public or private landfills. In residential districts, such uses shall be permitted only where all the following conditions are met:

(1)

No public business office or any storage yard or storage building is operated in connection with it.

(2)

A fifty-foot buffer yard shall be provided along all property lines which shall include adequate means for visual screening.

(3)

Minimum Off-Street Parking. Two off-street parking spaces, or one space per employee, whichever requires the greatest number of spaces.

(C4)

Place of Worship. Place of religious worship, provided that the following requirements are met:

(1)

Table of Dimensional Standards.

Lot area minimum		1 acre
Lot width minimum (at building setback line)		100 feet
Minimum setbacks:
	Front yard	50 feet
	Side yard (each)	20 feet
	Rear yard	35 feet

(2)

Minimum Off-Street Parking. One off-street parking space for each three seats provided for patron use, or at least one off-street parking space for each 40 square feet of gross floor area used or intended to be used for service of patrons, guests or members, whichever requires the greater number of off-street parking spaces, plus one additional space for each full-time employee. Parking areas shall be adequately screened when situated next to land zoned for or in residential use.

(C5)

Cemetery. A burial place or graveyard including mausoleum, crematory, or columbarium.

(1)

Lot size minimum: five acres.

(2)

No more than 10% of the site area may be devoted to aboveground buildings or impervious surfaces not serving as burial markers or memorials.

(3)

Grave sites shall not be permitted on the following soils due to the dangers of periodic flooding or seasonal high water table, which could contaminate the groundwater supply:

	Abbottstown Silt Loam — AbA, AbB
	Bowmansville — Bo
	Doylestown Silt Loam — DoA, Dob
	Urbanland-Abbottstown — Uc

(4)

Minimum Off-Street Parking. One off-street parking space for each employee; and if the cemetery contains a chapel or crematory, one off-street parking space for each 40 square feet of gross floor area used or intended to be used for service of guests.

(C6)

Library or Museum. Library or museum, open to the public or connected with a permitted educational use and not conducted as a private gainful business.

(1)

Table of Dimensional Standards.

Lot area minimum		1 acre
Lot width minimum (at building setback)		100 feet
Minimum setbacks:
	Front yard	50 feet
	Side yard (each)	15 feet
	Rear yard	30 feet

(2)

Minimum Off-Street Parking. One space per five seats or one space per 250 square feet of gross floor area where no seats are provided.

(C7)

Private Recreational Facility. A recreational facility owned or operated by a non-governmental agency, subject to the following provisions:

(1)

A minimum lot size of five acres is required.

(2)

The use shall not be conducted as a private gainful business, nor shall it permit amusement parks, wild animal parks, or zoos.

(3)

No outdoor active recreation area shall be located nearer to any lot line than 100 feet.

(4)

Outdoor play areas shall be sufficiently screened and insulated so as to protect the neighborhood from inappropriate noise and other disturbances.

(5)

Minimum Off-Street Parking. One off-street parking space for each five persons of total capacity, or at least one off-street parking space for each 50 square feet of gross floor area used or intended to be used for service to customers, patrons, clients, guests, or members, whichever requires the greater number of off-street parking spaces, plus one additional space for each full-time employee.

(C8)

Day Care Center/Nursery School. A facility in which out-of-home day care is provided to four or more children, disabled persons and/or elderly.

(1)

In residential districts, the use shall be conducted in a building designed to look like a single-family detached residence.

(2)

An outdoor recreation area shall be provided with a minimum area of 200 square feet for each child utilizing the outdoor recreation at one time and 100 square feet for each disabled or elderly person. This outdoor play area shall be located to the side or the rear of the lot and shall not include any parking areas. The outdoor play area shall be fully enclosed by a four-foot high fence and shall be sufficiently screened and insulated so as to protect the neighborhood from inappropriate noise and other disturbance.

(3)

Sufficient facilities for passenger loading and unloading shall be provided.

(4)

A license from the Pennsylvania Department of Public Welfare shall be required.

(5)

Table of Dimensional Standards.

Lot area minimum		2 acres
Minimum lot width (at minimum building setback)		100 feet
Minimum setbacks:
	Front yard	50 feet
	Side yard (each)	20 feet
	Rear yard	35 feet

(6)

Minimum Off-Street Parking. One off-street parking space for each teacher, administrator, and maintenance employee plus one space per six children and disabled adults of total capacity.

(C9)

Life Care Facility. A life care facility is a form of residential use designed and operated exclusively for mature adults, of 55 years of age or over, containing certain support facilities specifically designed for these individuals. This use is subject to the following restrictions:

(1)

Table of Dimensional Standards.

Minimum lot area		5 acres
Minimum lot width (at minimum building setback)		150 feet
Minimum setbacks:
	Front yard	100 feet
	Side yard (each)	30 feet
	Rear yard	50 feet
Impervious surface ratio (% of lot)		40%
Building height		35 feet
Maximum density		10 equivalent dwelling units per acre

(2)

Support Facilities.

(a)

Retail Facilities. Retail facilities for use of residents and their guests only, no outside advertising is permitted. Retail facilities are limited to the following uses:

Barber shop.

Beauty parlor.

Pharmacy (as an adjunct to the life-care nursing facility).

Commissary.

Newsstand.

Gift shop.

Snack bar/coffee shop.

Thrift shop.

Handicraft shop.

The life-care retail facilities may occupy no more than 1% of the total gross floor area of the life care facility.

(b)

Life Care Nursing Facility. This facility shall be designed for the temporary and long term care of the residents of the life-care facility. Long-term nursing beds within this facility shall not exceed one bed per three dwelling units and two beds shall be equivalent to one dwelling unit in the determination of density.

(c)

Other Support Facilities. Other support facilities include but are not limited to lounge areas, reading rooms, craft rooms, common dining facilities, and recreational rooms. A minimum of 20% of the gross floor area is required for support facilities. Retail facilities may be included in the determination of this area.

(3)

Open Space and Passive Recreational Area. At least 25% of the site area must be maintained as open space which shall not include detention basins, parking lots, accessory buildings or any impervious surfaces except those used for recreational purposes. At least 20% of the site, which may be considered part of the open space, shall be developed for passive recreation. This area shall include outdoor sitting areas and pedestrian walks. All outdoor sitting areas shall be properly landscaped in accordance with § 27-610, and shall not be located on areas subject to flooding or on slopes in excess of 5%.

(4)

Off-Street Parking. There must be 0.85 off-street parking spaces per bedroom in addition to one off-street parking space for each employee on the largest shift. All parking lots shall be properly screened as required in § 27-610 from the view of adjoining properties in addition to the residents of the facility. For off-street parking design see § 27-614.

(5)

Fire Protection. All rooms in the life-care facility shall be provided with sprinkler systems for fire protection and shall contain and be served by wet charged stand pipes to the top floor.

(6)

Location to Service. Due to the dependence of the elderly on alternative means of transportation and the need for acquiring access to primary services, a life care facility must be located within a 1/4 of a mile of the following services:

Drug store.

Grocery store.

Dry cleaners.

Restaurant.

Beauty parlor.

Barber shop.

Public transportation.

(h)

Bank.

(i)

Library.

If this is not possible, the owner/manager of a life-care facility shall submit to the municipality a transportation plan which shall outline a transportation service for the residents of the life-care facility, to be provided by the owner or manager, providing access to these services at reasonable intervals. This plan must be approved by the municipality as a condition for approval of use.

(7)

Public water and sewer facilities are required.

(8)

Safety Features. It is necessary in the design and development of a life-care center, that the safety and physical capabilities of the future residents be considered. The design features of the life-care center should be such that potentially dangerous situations are minimized and the independence and mobility of the residents maximized. The following safety features must be incorporated into the design of the life-care center as a condition of approval. The developer will be required to submit architectural drawings to the Borough to insure that this is the case.

(a)

Handle type spigots and doorknobs.

(b)

Showers, designed for wheelchairs, in place of tubs in at least 30% of the units.

(c)

Non-skid surfaces in tubs and showers.

(d)

All floors should be non-skid.

(e)

Control of water temperature to avoid accidental scalding.

(f)

Flush door entrances for easy wheelchair access.

(g)

Emergency signal systems in bathrooms and bedrooms shall be connected with a central office.

(h)

There should be grab bars around all toilets and tubs. In addition, all grab bars and towel racks should be made of non-corrosive metal and be able to withstand up to 250 pounds.

(i)

All cooking stoves should be electric.

(j)

Stove burner controls shall be located in the front.

(k)

Electric outlets shall be located at levels at least 24 inches above the floor.

(l)

All light fixtures shall be located on the walls at convenient levels to avoid accidents that may occur in the repair of ceiling fixtures.

(m)

There shall be ramps or elevators in addition to stairs.

(n)

All elevators shall have slow closing doors with sensitive reopening mechanisms.

(o)

Hand rails shall be provided for along all steps, ramps, and sloped walks, both indoors and outdoors.

(C10)

Nursing Home. Licensed nursing or convalescent home.

(1)

Table of Dimensional Requirements.

Minimum lot area		30,000 square feet
Minimum lot width (at minimum building setback line)		100 feet
Minimum setbacks:
	Front yard	50 feet
	Side yard (each)	20 feet
	Rear yard	35 feet
Impervious surface ratio		50%

(2)

Parking. One off-street parking space for every two patient beds; plus at least one additional off-street parking space for every two staff and visiting doctors, plus one additional space for every two employees (including nurses). Parking areas must be adequately screened when situated next to land zoned for residential use.

(3)

Each nursing home facility must provide an outdoor sitting facility, which must be properly situated in terms of the microclimate (no extreme southerly exposure). This sitting area must be properly landscaped and shall not be located adjacent to parking lots, arterial highways, detention or retention basins. It shall not be located on areas subject to flooding or on slopes over a 5% grade.

(C11)

(Intentionally Left Blank).

(C12)

(Intentionally Left Blank).

(C13)

Halfway House. A facility in which the residents receive rehabilitative therapy and/or counseling. This facility is permitted in all applicable housing types providing that the following conditions are met:

(1)

Each halfway house may have three but shall have no more than 15 residents.

(2)

There shall be no more than two persons per bedroom for each type of halfway house.

(3)

There shall be no more than three residents per apartment facility, four residents for single-family attached facility, and 10 residents per single-family detached.

(4)

No halfway house may be located within 1,000 feet of another halfway house facility, with the exception of apartment and townhouse complexes containing more than 20 units. Apartment and townhouse complexes of over 20 units may contain one halfway house per 15 units within the complex.

(5)

All halfway houses shall meet the dimensional requirements of the zoning district in which it is to be located, as is required in Part 4.

(6)

Minimum Off-Street Parking. One space per employee or supervisor and one space per five residents. All parking areas for more than three vehicles shall be screened from all adjacent streets and residences.

(7)

Each halfway house must receive all pertinent approvals and/or licenses from the appropriate state or county agencies prior to conditional approval.

(C14)

Private Organization or Community Center. A building and related facilities used for fraternal, educational, social, cultural or recreational activities, owned or operated by a corporation, association or group of individuals, or by an educational, philanthropic, governmental or religious institution.

(1)

The use shall not be conducted as a private, gainful business.

(2)

Lot size minimum shall be one acre.

(3)

No outdoor active recreation area shall be located nearer than 100 feet to any lot line.

(4)

In residential districts, private organizations and community centers shall be limited to those operated by groups which do not provide dining services and/or the service of alcoholic beverages.

(5)

Minimum Off-Street Parking. One off-street parking space for every four persons of total occupancy for meeting halls and one space for every eight persons of total occupancy for all other facilities proposed, including indoor and outdoor facilities.

(C15)

(Reserved)[1]

[1]

Editor's Note: Former Subsection C15, Hospital, was repealed 4/24/2017 by Ord. No. 312.

(C16)

Emergency Services. Fire, ambulance, rescue, and other emergency services of a municipal or volunteer nature on parcels with a minimum size of one acre.

(1)

Minimum Off-Street Parking Spaces. Three off-street parking spaces for every four employees/volunteers on the major shift which has the maximum number of employees/volunteers, or four off-street parking spaces for each fire truck where no community room is a part of the building, whichever requires the greater number of parking spaces. Where a community room is provided, two off-street parking spaces for each fire truck plus one off-street parking space for each 100 square feet of gross floor area.

(C17)

Public Buildings. Public buildings include those uses and structures owned and operated by the municipal, county, or state government for governmental office and business use. All public buildings shall meet the bulk requirements of the district in which they are located.

(1)

Parking. One off-street parking space for every four seats in meeting areas or one off-street parking space for each 200 square feet of gross floor area, whichever requires the greater number of off-street parking spaces, plus one off-street parking space for every employee. This standard shall be used as a guideline only. Required parking shall be based on the needs as determined by the governing body.

(C18)

Funeral Home.

(1)

Mortuary or Funeral Home.

(a)

Table of Dimensional Standards.

Minimum lot size		40,000 square feet
Minimum lot width (at minimum building setback)		100 feet
Minimum setbacks:
	Front yard	50 feet
	Side yard (each)	20 feet
	Rear yard	50 feet

(b)

Minimum Off-Street Parking. One off-street parking space for each four seats provided for patron use, or at least one off-street parking space for each 50 square feet of gross floor area used or intended to be used in the operation of the establishment, whichever is greater, plus one space for each employee.

(C19)

Recreational Facility. A public park, nature preserve or outdoor recreation area, owned and operated by the Borough, county, state or federal government, subject to the following:

(1)

No outdoor active recreation area shall be located nearer than 100 feet to any lot line, unless the adjacent property is preserved open space or park land.

(2)

A planted buffer 10 feet in width shall be provided where the use abuts existing residences or where properties that adjoin are zoned for residential use and are not preserved open space or parkland.

(3)

This use shall not include a shooting range or target or gun club.

(4)

Minimum Off-Street Parking. One off-street parking space for each five persons of total capacity, or at least one off-street parking space for each 50 square feet of gross floor area used or intended to be used for service to customers, patrons, clients, guests or members, whichever requires the greater number of off-street parking spaces, plus one additional space for each employee.

(C20)

Athletic Facility. This use shall be limited to a commercial athletic recreational facility owned or operated by a nongovernmental agency and shall be limited to the following uses and facilities related thereto: fitness club or athletic training center, dance or gymnastics studio; tennis racquetball, or squash club, and shall be subject to the following:

(1)

Minimum lot area shall be three acres.

(2)

This use shall not permit amusement parks, shooting range or target or gun club, or any other activity specifically listed by this chapter as commercial recreation and entertainment or recreational facility.

(3)

No outdoor active recreation area shall be located nearer than 100 feet to any lot line.

(4)

A planted buffer 10 feet in width shall be provided where the use abuts existing residences or where properties that adjoin are zoned for residential use and are not preserved open space or parkland.

(5)

Minimum Off-Street Parking. One off-street parking space for every three persons of total capacity or at least one off-street parking space for every 150 square feet of gross floor area, whichever requires the greater number of spaces, plus one space for each employee.

(C21)

Commercial Educational or Trade School. Such use shall include a trade, professional, tutorial, music or dancing school.

(1)

Parking. One parking space per faculty member and employee, plus two parking space per three students.

Commercial and Office Uses.

(D1)

Medical Office. Office or clinic for medical or dental examination or treatment of persons as out-patients, including laboratories accessory to their use.

(1)

Parking. One parking space per 150 square feet of gross floor area.

(D2)

Office. Business, professional, or government office.

(1)

Parking. One off-street parking space for each 200 square feet of gross floor area.

(D3)

Commercial and Service. Including corner grocery (as distinct from a supermarket), drug store, stationery store, soda fountain, luncheonette, antiques, books, arts and crafts, gifts, barbershop, beauty parlor, fashion and sportswear, gourmet food and specialties, confectionary, bakery, and such similar uses. This use shall not exceed 1,500 square feet of floor area, and only one such use is permitted per lot subject to the following provisions:

(1)

Lighting on pole fixtures shall not exceed 15 feet in height. The source of illumination shall be recessed and shielded within the fixture itself and shall not exceed an average of 1/2 footcandle at the property line.

[Amended by Ord. No. 324, 6/10/2019]

(2)

Outdoor collection stations shall be provided for garbage and trash removal. These stations shall be located to the rear of the structure and shall be screened from view and landscaped.

(3)

Parking. One off-street parking space for each 200 square feet of gross floor area used or intended to be used for servicing customers. Parking shall not be located between a building and a street unless authorized by the Zoning Hearing Board, where the restriction against such a parking area configuration is clearly impractical.

(D4)

Mixed Use. In a mixed-use building, commercial, office, and/or residential uses (including B11 Live-Work Unit) shall be permitted in a building on one lot. Permitted commercial and office uses shall be limited to the following:

[Amended by Ord. 312, 4/24/2017; and by Ord. No. 324, 6/10/2019]

	C20	Athletic Facility
	D1	Medical Office
	D2	Office
	D3	Commercial and Service
	D5	Retail Store
	D6	Service Business
	D7	Financial Establishment
	D9	Eating Place
	D10	Fast Food Restaurant
	D11	Repair Shop
	D14	Entertainment
	D15	Tavern

(1)

Where residential uses are proposed, they shall be on the second and third floors of a mixed-use building. Nonresidential uses shall be on the first and second floors only. Residential uses shall occupy at least 75% of the second floor of mixed-use buildings.

(2)

All permitted uses associated with a mixed use shall be conducted within a completely enclosed building unless expressly authorized. This requirement does not apply to required parking or loading areas, automated teller machines or outdoor seating.

(3)

The maximum building footprint for a mixed-use building shall not exceed 15,000 square feet.

(4)

Parking.

(a)

No off-street parking is required for nonresidential uses unless such uses exceed 3,000 square feet of gross floor area, though a fee in lieu of parking may be provided. Parking is required for the area above 3,000 square feet based on the parking standards for the individual nonresidential uses.

(b)

For residential uses, the following spaces shall be required:

	[1]	Efficiency: 1.25.
	[2]	One-bedroom: 1.50.
	[3]	Two bedrooms or more: 2.0.

(c)

A fee in lieu of parking may be provided in accordance with § 27-614, Subsection 3, if approved by the Borough Council.

(d)

All off-street parking shall be located to the interior side of the buildings and take access to an interior driveway or alley.

(D5)

Retail Store. Retail shops and stores selling antiques, apparel, books, confections, drugs, dry goods, flowers, foodstuffs, furniture, gifts, hardware, toys, household appliances, electronics, computers, jewelry, notions, periodicals, shoes, stationery, tobacco, paint, records, cards, novelties, hobby and art supplies, music, luggage, sporting goods, pets, floor covering, garden supplies, house plants, and fabrics. The provisions of this section shall include the craftsman and artisan operating within the definition of a small business, if the nature and scale of the business is similar to the uses listed under retail shops. Also included within this use shall be the sale of soft drinks, beer, alcoholic beverages in sealed containers not for consumption on premises.

(1)

The total amount of gross floor area shall not exceed 10,000 square feet.

(2)

Parking. One off-street parking space for each 200 square feet of gross floor area used or intended to be used for servicing customers.

(D6)

Service Business. Service business including, but not limited to, barber, beautician, laundry and dry cleaning, shoe repair, tailor, photographer, travel agency.

(1)

Parking. One off-street parking space for each 100 square feet of gross floor area used or intended to be used for servicing customers.

(D7)

Financial Establishment. Bank, savings and loan association, credit union, or other financial establishment, which does not have a drive-in window.

(1)

Parking. A minimum of one off-street parking space for each 100 square feet of gross floor area used or intended to be used for servicing customers.

(D8)

(Reserved)[2]

[2]

Editor's Note: Former Subsection D8, Financial Establishment with Drive-Through Window, was repealed 4/24/2017 by Ord. No. 312.

(D9)

Eating Place. Eating place for the sale and consumption of food and beverages without drive-in service. All food and beverages are to be served by waiters and/or waitresses and consumed inside the building while patrons are seated at counters or tables. The sale of alcoholic beverages must be incidental to the sale and consumption of food.

(1)

Parking. A minimum of one off-street parking space for each 100 square feet of total floor area.

(D10)

Fast Food Restaurant. A fast food restaurant is an eating establishment in which the principal business is the sale of foods and/or beverages to the customer in a ready-to-consume state for consumption either within the restaurant building or for carry-out with consumption off the premises. A fast food restaurant shall conform to the following conditions:

(1)

Minimum lot size: 40,000 square feet.

(2)

Minimum lot width: 150 feet.

(3)

Access Requirements.

(a)

Must have direct access to a collector or arterial street.

(b)

There shall be only one point of ingress and only one point of egress to the collector or arterial street. This may be accomplished in one of the following ways:

The ingress and egress are adjacent to each other with no physical separation. This arrangement must be at least 24 feet wide and not more than 36 feet wide.

The ingress and egress are adjacent with a raised island separating the two. The island shall be no more than 10 feet wide. Each driveway shall be at least 14 feet wide but, not more than 24 feet wide.

The ingress and egress would be completely separated on the site. In this case the driveways shall be at least 100 feet apart measured center line to center line. Each driveway shall be at least 14 feet wide but, not more than 24 feet wide.

(c)

When this use is adjacent to or on the same lot with a group of commercial facilities, it shall use the common access with the other business establishments and not have a separate access to the abutting collector or arterial street.

(d)

The access driveway shall be located so as to allow for adequate acceleration and deceleration lanes.

(e)

The access shall be at least 40 feet from any existing street intersection. The distance shall be measured from the street right-of-way to the edge of the access driveway.

(f)

A traffic impact analysis of the proposal shall be prepared by a traffic engineer or traffic planner. The study shall identify existing traffic levels on the street, project traffic generated by the restaurant, identify potential problems created by restaurant generated traffic, propose solutions to control and provide safe access to the site, and maintain an acceptable level of service on the frontage street.

(4)

Parking Requirements.

(a)

One off-street parking space for every two seats, or three off-street parking spaces for every 100 square feet of gross floor area.

(b)

Parking is not permitted in the front yard.

(c)

Parking areas shall be set back at least 10 feet from any side or rear lot line except when the buffer yard provisions require a greater distance.

(d)

Parking lots are further subject to all applicable parking lot standards of the Borough Subdivision and Land Development Ordinance [Chapter 22].

(5)

Drive-through and drive-up service is prohibited except as an accessory use under the standards of Use F11.

[Amended by Ord. 312, 4/24/2017]

(6)

A pedestrian walkway shall be provided between an existing sidewalk and the entrance to the restaurant. If there is no sidewalk, one shall be provided along the street frontage.

(7)

All fast food restaurants shall provide a trash storage area which is designed and constructed to be screened from the street and adjacent properties, to prevent trash from blowing from the area, and to permit safe and easy removal of the trash.

(8)

Service areas provided for delivery trucks shall be screened from the street and adjacent properties and shall be so located that the service area does not conflict with patron traffic, either vehicle or pedestrian.

(9)

There shall be no storage other than trash outside of the restaurant.

(10)

Vending machines, if provided, shall be placed within the restaurant.

(11)

Lighting:

(a)

All portions of the parking area shall be adequately lighted during after-dark operating hours.

(b)

All light standards shall be located on the raised parking islands or planting areas and not on the parking surface.

(c)

The lighting facilities shall be planned, erected, and maintained so the light is confined to the property and will not cast direct light or glare upon adjacent properties or public rights-of-way.

(d)

The light source shall not be higher than 20 feet and shall not be visible from adjacent properties or public rights-of-way.

(12)

In addition to the planting in required buffer yards, all areas of the site not paved shall be landscaped with a mixture of trees, shrubs, and ground cover. Trees in these planting areas shall be a size and type consistent with the Borough's street tree and buffer planting lists. The plant material should be located so as to accomplish one or more of the following purposes: screening, retard stormwater run off, direct or restrict pedestrian access, define spaces, provide shade, compliment and enhance the building, etc.

Parking areas shall have at least one tree, meeting street tree type and standards, for every 10 parking spaces. The trees shall be planted in such a manner as to afford maximum protection from the sun for parked vehicles.

(13)

Trash receptacles shall be provided outside the restaurant for patron use.

(D11)

Repair Shop. Repair shop for appliances, lawn mowers, watches, guns, bicycles, locks, small business machines, but not including automobiles, trucks, trailers, and other heavy equipment.

(1)

Parking. One off-street parking space for each 300 square feet of gross floor area.

(D12)

Motel/Hotel/Inn. A building or group of buildings for the accommodation of guests, chiefly motorists, containing guest rooms for rent. The following provision shall apply:

(1)

The minimum lot size shall be five acres.

(2)

Parking. One off-street parking space for each rental room or suite, plus one additional off-street parking space for each full-time and/or part-time employee on the largest shift.

(D13)

Boarding House. A dwelling used for the housing of roomers, boarders, or lodgers with or without common eating facilities, including dormitory, fraternity, sorority, or other buildings of charitable, educational, or philanthropic institutions.

(1)

The minimum lot area per sleeping room shall be 1,000 square feet in addition to the lot area requirement for other permitted uses in the applicable district.

(2)

The minimum lot width and minimum yards shall be as specified for the applicable district.

(3)

No separate cooking facilities shall be provided.

(4)

Parking. One off-street parking space for each rental room, plus one additional off-street parking space for each employee.

(D14)

Entertainment. Entertainment and recreation facilities operated as a gainful business within a building.

(1)

Parking. One off-street parking space for each four seats provided for patron use, or at least one off-street parking space for each 50 square feet of gross floor area used or intended to be used for service to customers, patrons, clients, guests, or members, whichever requires the greater number of off-street parking spaces.

(D15)

Tavern. An establishment which serves alcoholic beverages for on-premises consumption and which is licensed by the Pennsylvania Liquor Control Board.

(1)

Parking. One off-street parking space for each 50 square feet of total floor area.

(D16)

Veterinary. Office of a veterinarian with accessory animal kennel. In no event shall animal kennels be allowed as a primary use. Accessory kennels shall be fully enclosed and shall be located at least 200 feet from a lot line.

(1)

Parking. One off-street parking space per 200 square feet of gross floor area.

(D17)

Service Station. Gasoline service station, subject to the following provisions:

(1)

Minimum lot width of not less than 200 feet shall be provided along each street on which the lot abuts.

(2)

All activities except those to be performed at the fuel pumps shall be performed within a completely enclosed building.

(3)

Fuel pumps shall be at least 25 feet from any ultimate street right-of-way.

(4)

All automobile parts and similar articles shall be stored within a building.

(5)

Paint-spraying or body and fender work shall not be permitted.

(6)

Lubrication, oil changes, tire changes, and minor repairs permitted if entirely within a building.

(7)

Service stations shall be located not less than 2,000 feet apart.

(8)

Parking. One off-street parking space for every 300 square feet of gross floor area, or two off-street parking spaces for each service bay, whichever is larger. Off-street parking spaces are not to be a part of, or interfere with, the accessways to the pumps.

(D18)

Automotive Repair. Automotive repair garage, including paint spraying, body and fender work, or car washing facility provided that all repair and paint work is performed within an enclosed building. Fuel pumps shall be permitted providing that all pumps are located at least 25 feet from any ultimate street right-of-way.

(1)

Parking. One off-street parking space for each 100 square feet of gross floor area.

(D19)

Truck Sales. Sale and rental of new and used trucks and heavy equipment.

(1)

Outside display areas are not permitted in the required front yards.

(2)

A twenty-foot buffer yard around all boundaries other than street boundaries shall be required. Such buffer yards shall meet all provisions of § 27-610.

(3)

Truck repair facilities are permitted as an accessory use where truck rentals are involved providing that such repairs take place in an enclosed structure or are visually screened from the view of all adjoining properties and streets. Gas pumps are also permitted as an accessory use to truck rentals providing they are used for the rental vehicles only and gas is not sold to the general public.

(4)

Parking. One off-street parking space for each 100 square feet of gross display area.

(D20)

Automotive Sales. Sale and rental of new and used cars, light trucks (less than 6,000 lb. GVW), trailers, motorcycles or boats.

(1)

Display areas are not permitted in the required front yard.

(2)

A twenty-foot buffer yard around all boundaries other than street boundaries shall be required. Such buffer yards shall meet all provisions of § 27-610.

(3)

Parking. One off-street parking space for each 100 square feet of gross display area.

(D21)

Automotive Accessories. Sale of automotive accessories, parts, tires, batteries, and other supplies. Installation of parts shall be in a building.

(1)

Parking. One off-street parking space for each 200 square feet of gross floor area.

(D22)

Parking Lot or Garage. A lot of record upon which the parking or storing of automotive vehicles is the primary use, provided:

(1)

No sale, rental, service, or repair operation of vehicles shall be performed.

(2)

The parking or storage of heavy trucks (greater than 6,000 lb. GVW) or trailers shall not be permitted.

(3)

All parking areas shall meet the design standards of § 27-614 of this chapter.

(D23)

Shopping Center. A neighborhood or regional shopping center which is preplanned and designed as a complex of related structures and circulation patterns subject to the following criteria:

(1)

Shopping centers shall have a minimum site area of three acres.

(2)

Not more than 25% of the total area shall be occupied by buildings.

(3)

Uses D1, D2, D5, D6, D7, D8, D9, D10, and D11 be permitted.

(4)

Any use of the same general character as any of the above permitted uses, when authorized by Borough Council, provided that such use shall be subject to such reasonable restrictions as the Board may determine.

(5)

Signs, when erected, shall be maintained in accordance with the provisions of Part 8. In addition to signs permitted in Part 8 for individual establishments, one freestanding sign indicating the name of the shopping center, provided that (a) the area on any one side of any such sign shall not exceed 75 square feet, and (b) the location of such sign shall be designated or in connection with the required development plan and orientation.

(6)

Building Placement. No building or permanent structure, other than a permitted sign, shall be erected within 100 feet of a street line, or within 50 feet of any property line. No parking, loading, or service area shall be located less than 30 feet from any property line.

(7)

The proposed development shall be constructed in accordance with an overall plan and shall be designed as a single architectural unit with appropriate landscaping.

(8)

Outdoor storage and displays shall conform to the provisions of Subsection F5.

(9)

The distance, at the closest point, between any two buildings or groups of units of attached buildings, shall be not less than 20 feet.

(10)

The proposed development shall be served by approved water and sewage disposal facilities, the adequacy of which shall be demonstrated and guaranteed.

(11)

Lighting.

(a)

All portions of the parking area shall be lighted to UCC standards during after-dark operating hours.

(b)

All light stands shall be located on the raised parking islands or planting areas and not on the parking surface.

(c)

The lighting facilities shall be planned, erected, and maintained so the light is confined to the property and will not cast direct light or glare upon adjacent properties or public rights-of-way.

(d)

The light source shall not be higher than 20 feet and shall not be visible from adjacent properties or public rights-of-way.

(12)

Buffer yards, along any residential boundary line, shall be provided and shall be not less than 50 feet in width, measured from such boundary line or from the street line, and shall be in accordance with the provisions of § 27-610. Such buffer yard may be coterminous with any required yard in this district; and in case of conflict, the larger yard requirement shall apply.

(13)

Parking. One parking space per 200 square feet of gross floor area.

(D24)

Outdoor Motion Picture Establishment. An open lot used for the showing of motion pictures or theatrical productions on a paid admission basis to patrons seated in automobiles. Such use may include facilities for the sale and consumption of food and nonalcoholic beverages.

(1)

Such use shall have frontage on an arterial or collector highway and all access shall be taken from the arterial or collector highway. The applicant shall provide an analysis of the physical conditions of the road system at the proposed points of access. Improvements to ensure safe turning movements and traffic safety shall be provided by the applicant as required by the governing body. The applicant shall provide sufficient vehicle stacking area or a marginal access road to ensure that entering vehicles will be able to pull off the road.

(2)

The motion picture screen shall be no closer to any property line than 1.25 times the height of the picture screen or the minimum yard requirements of the zoning district, whichever setback is greater.

(3)

The maximum impervious surface ratio for this use shall be 60%.

(4)

The motion picture screen shall not be oriented towards the arterial or collector highway.

(5)

The applicant shall provide a plan for buffering in accordance with § 27-610, and shall meet the following standards:

(a)

Along an adjacent property line that is zoned residential or a property line with an existing residential use and along any road, either:

A six-foot high solid wooden fence within the exterior 50 feet of the buffer yard and three-inch caliper deciduous trees at an average of one tree per 40 lineal feet of buffer plus six-foot to eight-foot tall evergreen trees at an average of one tree per 20 lineal feet of buffer. The trees shall be placed between the fence and the property line.

A four-foot high berm planted on top as in Subparagraph (5)(a) above with plant material listed in Clause (b) below.

One three-inch caliper deciduous tree at an average of one tree per 40 lineal feet of buffer plus one six-foot to eight-foot tall evergreen trees at an average of one tree per 20 lineal feet of buffer plus one three-foot to four-foot deciduous shrub per four lineal feet of buffer.

(b)

Acceptable plant material for the buffer yard noted in Clause (a) above shall be:

Evergreen trees:

	Ilex opaca — American Holly
	Picea abies — Norway Spruce
	Picea omorika — Serbian Spruce
	Picea pungens — Colorado Spruce
	Pinus strobus — White Pine
	Pseudotsuga menziesii — Douglas Fir
	Tsuga Canadensis — Canadian Hemlock

Deciduous trees as specified in the Dublin Borough Subdivision and Land Development Ordinance [Chapter 22].

Shrubs:

	Aronia arbutifolia — Red Chokeberry
	Cornus sericea — Red-osier Dogwood
	Euonymus alatus 'Compactus'
	Forsythia x intermedia — Forsythia
	Hamamelis virginiana — Common Witch Hazel
	Ilex glabra — Inkberry
	Itea virginica — Virginia Sweetspire
	Myrica pensylvanica — Northern Bayberry
	Viburnum species

(c)

In accordance with § 27-701, Subsection 4, of this chapter, a clear-sight triangle shall be maintained at all street intersections and at all points where access drives intersect with roads.

(6)

The lot size shall be five acres.

	Minimum lot width (at minimum building setback line)	300 feet
	Minimum front yard	100 feet
	Minimum side yard (each)	50 feet
	Minimum rear yard	50 feet
	Buffer yard (next to residential use or district)	50 feet

(7)

Parking. One off-street parking space for each employee, plus parking spaces for proposed capacity of facility, as deemed sufficient by the governing body.

(D25)

Adult Uses.

(1)

Adult uses shall include, and shall be limited to, the following defined terms: "adult book store," "adult entertainment," "adult mini-motion picture theater" and "adult motion picture theater" as defined herein:

ADULT BOOK STORE

An establishment having a substantial or significant portion of its stock and trade in or an establishment which, as one of its principal business purposes, offers for sale, books, films, video cassettes or magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas and, in conjunction therewith, has facilities for the presentation of adult entertainment for observation by patrons.

ADULT ENTERTAINMENT

	1)	An exhibition of any adult-oriented motion pictures, meaning those distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
	2)	A live performance, display or dance of any type which has a significant or substantial portion of the performance any actual or simulated performance of specified sexual activities or exhibition and viewing of specified anatomical areas, removal of articles of clothing, or appearing unclothed, pantomiming, modeling or any other personal services offered to customers.

ADULT MINI-MOTION PICTURE THEATER

An enclosed building with a capacity of less than 50 persons which has a principal business purpose of exhibiting, presenting or selling material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons.

ADULT MOTION PICTURE THEATER

An enclosed building with a capacity of more than five persons which has a principal business purpose of exhibiting, presenting or selling material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons.

(2)

No more than one adult use shall be located on a zoning lot.

(3)

No such use shall be located within 1,500 lineal feet of any other existing or approved "adult use."

(4)

A thirty-foot buffer yard shall be provided along the side and rear lot lines but with plantings of an initial minimum height of six feet, planted 10 feet on center maximum.

(5)

Definite precautions shall be made to prohibit minors from entering the premises. An owner or operator of an adult use commits a violation of this chapter if the person knowingly allows a person under the age of 18 years on the premises of an adult use. It shall be grounds for an immediate revocation of the use permit for the adult use if the owner is found to have violated this section.

(6)

The applicant must prove to the satisfaction of Borough Council that such use would not in any way adversely affect the character of the surrounding area, including property values. In this regard, Borough Council shall prescribe reasonable setbacks of the proposed use from neighboring properties, primary and secondary schools, places of worship, public parks, day care centers, child nurseries, libraries, and existing residential dwellings.

(7)

No such use shall be permitted for any purpose that violates any federal, state or Borough law. Any violation of this zoning requirement involving a serious criminal offense that the proprietor had continuing knowledge of and allows to occur shall be sufficient reason for the Borough to revoke Borough permits.

(8)

No such use shall be allowed in combination with the sale of alcoholic beverages.

(9)

Any building, structure or movie screen involving the use of adult entertainment shall be located no closer than 300 feet from any residential use or district, public or private school, church, recreation facility, day care center, or any other religious, institutional or educational use.

(10)

No materials sold within or activities occurring within shall be visible from any window or door.

(11)

Advertisements, displays, or other promotional materials, other than signs, shall be shown or exhibited so as to be visible to the public from pedestrian sidewalks, or walkways, or from other areas, public or semi-public.

(12)

No signs shall be placed, erected, or used on the premises except as provided for in Part 8, nor shall any building or structure be painted in garish colors or such other fashion as will effectuate the same purpose as a sign(s) without the approval of the Dublin Borough Council. No sign shall be permitted which portrays any part of the human body naked or in a state of undress or in revealing clothes.

(13)

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

(14)

These uses are specifically prohibited in all districts except where specifically permitted by conditional use.

(15)

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

(16)

Only "lawful" massages, which shall be defined as "manipulation of the tissues for remedial or hygienic purposes," shall be performed in a massage parlor. A massage cannot include any sexual activity.

(17)

All persons within any adult use other than a permitted adult live entertainment use shall wear non-transparent garments that cover their genitals and the female areola.

(18)

The applicant shall provide receipts showing that he/she has mailed by certified mail a written notice of the proposed conditional use hearing date to all property owners of record within 1,000 feet of the subject property at least 10 days prior to the hearing date.

(19)

Adult Use Owners and Managers. The applicant shall submit a written list of all persons having an ownership interest of more than 1% in the business, including shareholders and partners of any corporation. The applicant shall also submit the name of the manager who is responsible to ensure that all Borough and state regulations are enforced on a day-to-day basis. Applicant shall also supply the following information for all owners and managers: (a) Social Security number; (b) driver's license no.; (c) photograph; (d) list of prior adult businesses where owner or manager has worked; and (e) list of any criminal convictions. Such information shall include the person's business and home addresses and phone numbers and shall be a matter of public record. Such information shall be kept up-to-date. Failure to keep such information up-to-date shall be a violation of this chapter and be reason for automatic suspension of Borough permits. Upon satisfactory compliance with this provision, said permit shall be reinstated insofar as it is accomplished within 30 days of revocation.

(20)

Uses which, due to their actual or intended character, meet the definitions in D25(1) above are subject to the following criteria:

(a)

Table of Dimensional Requirements.

Adult Bookstore, Adult Entertainment and Adult Mini Motion Picture Theater.

Minimum lot area		1.5 acre
Minimum lot width (at minimum building setback line)		150 feet
Minimum setbacks:
	Front yard	50 feet
	Side yard (each)	30 feet
	Rear yard	35 feet
Impervious surface ratio (% of lot)		60%

Adult Motion Picture Theater.

Minimum lot area		2 acres
Minimum lot width (at minimum building setback line)		150 feet
Minimum setbacks:
	Front yard	100 feet
	Side yard (each)	30 feet
	Rear yard	35 feet
Impervious surface ratio (% of lot)		45%

(21)

Off-Street Parking.

(a)

Adult Bookstore. One off-street parking space for each 200 square feet of gross floor area used or intended to be used for servicing customers, plus one additional space for each full-time and/or part-time employee on the largest shift.

(b)

Adult Entertainment. One off-street parking space for each three seats for customers use plus one additional off-street parking space for each full-time or part-time employee on the largest shift.

(c)

Adult Mini-Motion Picture Theater. One off-street parking space for each four seats provided for patron use, or at least one off-street parking space for each 50 square feet of gross floor area used or intended to be used for service to customers, patrons, clients, guests, or members, whichever requires the greater number of off-street parking spaces, plus one additional space for each full-time and/or part-time employee on the largest shift.

(d)

Adult Motion Picture Theater. One off-street parking space for each four seats provided for patron use, or at least one off-street parking space for each 50 square feet of gross floor area used or intended to be used for service to customers, patrons, clients, guests, or members, whichever requires the greater number of off-street parking spaces, plus one additional space for each full-time and/or part-time employee on the largest shift.

(D26)

Car Wash. A facility for washing automobiles.

(1)

A car wash shall include a water recycling facility.

(2)

Car washes shall be designed with a stacking area to accommodate a minimum of eight cars. The stacking area shall not in any way conflict with through circulation or parking.

(3)

Parking. One off-street parking space for each employee.

(D27)

Commercial Recreation and Entertainment. Commercial recreation and entertainment. An indoor or outdoor entertainment or recreational facility operated as a commercial venture, which may include a bowling alley, skating rink, movie theater, theater, games arcade, recreational camps, driving range, chip and putt golf or miniature golf.

(1)

Minimum lot area: five acres.

(2)

No outdoor active recreation area shall be located nearer to any lot line than 100 feet.

(3)

Outdoor play areas shall be sufficiently screened with a planted buffer 10 feet in width.

(4)

Parking. One off-street parking space for every three persons of total capacity, plus one space for every employee.

(D28)

Large Retail Store. A large retail store is a store with greater than 10,000 square feet of floor area, including, regardless of size, any variety store, supermarket, department store and discount store. A large retail store shall not exceed a floor area of 15,000 square feet.

[Amended by Ord. 312, 4/24/2017]

(1)

Parking. One off-street parking space for each 200 square feet of gross floor area used or intended to be used for servicing customers.

Industrial Uses.

(E1)

General Industry. The following uses are to be considered industrial uses. Any industrial use not listed may be permitted as a conditional use providing that the Borough Council deems it similar in character to the uses listed below.

(1)

Manufacturing. Manufacturing, including the production, processing, cleaning, testing, and distribution of materials, goods, food stuffs, and products.

(a)

Parking. Three off-street parking spaces for every four employees on the largest shift, plus one space for each company vehicle normally stored on the premises.

(2)

Research. Research, testing, or experimental laboratory.

(a)

Parking. Three off-street parking spaces for each four employees on the largest shift, or one off-street parking space for every 750 square feet of gross floor area, whichever is greater, plus one space for each company vehicle normally stored on the premises.

(3)

Wholesale. Wholesale business, wholesale storage, and/or warehousing.

(a)

Parking. Three off-street parking spaces for each four employees on the largest shift plus one space for every 250 square feet of gross floor area used for servicing customers.

(4)

Printing. Printing, publishing, binding.

(a)

Parking. Three off-street spaces for each four employees on the largest shift plus one space for every 250 square feet of gross floor area used for servicing customers.

(5)

Contracting. Contracting offices and shops such as building, cement, electrical, heating, masonry, plumbing, carpentry, painting, and roofing.

(a)

Parking. Three off-street parking spaces for each four employees on the largest shift plus one space for every 250 square feet of gross floor area used for servicing customers.

(6)

Truck Terminal. Truck terminal licensed by the Public Utilities Commission.

(a)

Parking. Off-street parking spaces as the Borough Council and Planning Commission shall determine adequate to serve customers, employees, visitors, and vehicles normally parked on premises.

(7)

Crafts. Plumbing, carpentry, cabinet-making, furniture-making and similar crafts.

(a)

Parking. Three off-street parking spaces for each four employees on the largest shift plus one space for every 250 square feet of gross floor area used for servicing customers.

(8)

Mill. Where grain, lumber, and similar products are processed.

(a)

Parking. Three off-street parking spaces for each four employees on the largest shift plus one space for every 250 square feet of gross floor area used for servicing customers.

(E2)

Industrial Park. An industrial park is a restricted type of industrial land use in which an emphasis has been given to compatibility with surrounding land use and aesthetics. Development shall be based upon a comprehensive plan which will include detailed provisions for streets, utilities, and landscaping. The use shall be subject to the following criteria:

(1)

Industrial parks shall have a minimum site area of five acres. Individual lots within the park shall have a minimum area of 20,000 square feet per principal use.

(2)

Uses listed under E-1 shall be permitted.

(3)

Signs, when erected, shall be maintained in accordance with the provisions of Part 8. In addition to signs permitted in Part 8 for individual establishments, one freestanding sign indicating the name of the industrial park may be erected, provided that (a) the area on any one side of any such sign shall not exceed 75 square feet, and (b) the location of such sign shall be designated on, or in connection with, the required development plan.

(4)

The proposed development shall be served by approved water and sewage disposal facilities, the adequacy of which shall be demonstrated and guaranteed.

(5)

Lighting facilities shall be provided and arranged in a manner which will protect the highway and neighboring properties from direct glare or hazardous interference of any kind.

(6)

Buffer yards shall conform to § 27-610.

(7)

All lots within the industrial park shall take access off an interior roadway. Access for the park shall be from an arterial highway.

(8)

All parking and loading facilities shall be located to the rear or side of buildings.

(9)

Interior roadways shall have street trees in accordance with the Subdivision and Land Development Ordinance [Chapter 22].

(10)

A traffic impact and water feasibility study shall be required.

(11)

Parking. One off-street parking space for each employee on the largest shift, or one space for every 500 square feet of gross floor area, whichever is greater, plus one space for each company vehicle normally stored on the premises.

(E3)

Mini Warehouse. A building or group of buildings in a controlled access compound that contains varying sizes of individually controlled access compartments to be used for the storage of excess personal property, subject to the following conditions:

(1)

Property must border on an arterial road.

(2)

On-site Circulation. Minimum width of interior driveways: 20 feet.

(3)

Buffer. Buffer yards shall be provided in accordance with § 27-610 of this chapter.

(4)

Fire and Safety. Preliminary plans shall be reviewed and subject to the approval by the municipal police and fire officials.

(5)

Minimum Requirements for Lease Restrictions.

(a)

Storage limited to items of personal property, generally stored in residential accessory structures.

(b)

No activities other than leasing of storage units.

(c)

No explosive, radioactive, or highly flammable materials.

(d)

All storage in enclosed buildings.

(6)

Maximum Building Size. Each structure shall not exceed 6,000 square feet in size.

(7)

Table of Dimensional Standards.

Minimum lot area		2 acres
Minimum building setbacks:
	Front yard	75 feet
	Side yard (each)	50 feet
	Rear yard	50 feet
Lot width minimum (at minimum building setback line)		150 feet

(8)

Lighting facilities shall be provided and arranged in a manner which will protect the highway and neighboring properties from direct glare or hazardous interference of any kind.

(9)

Parking. One off-street parking space for each 2,000 square feet of gross floor area of storage. These parking spaces should be distributed equally throughout the storage facility. In addition, one off-street parking space for each 10,000 square feet of gross floor area of storage shall be provided at the project office for use by prospective clients. If living quarters for a caretaker are provided, two additional off-street parking spaces are required.

(E4)

Lumber Yard. Lumber yard, including planing mill, where wood products are sold or processed into finished items such as molding, trim, etc.

(1)

Parking. Three off-street parking spaces for each four employees on the largest shift plus one space for every 250 square feet of gross floor area used for servicing customers.

(E5)

Salvage Yard/Recycling Facility. An area of land, with or without buildings, used for the storage of used or discarded materials, including but not limited to waste paper, rags, metal building materials, house furnishings, machinery, vehicle processing, salvage, sale or other use or disposition of the same. The deposit or storage of two or more motor vehicles not having valid registration, excluding farm vehicles, or of two or more wrecked or broken vehicles, or the major parts of two or more such vehicles, shall be deemed to make the lot a junkyard. (This does not include activities related to use D17 Service Station and use D18 Automotive Repair.) Such uses shall be subject to the following additional provisions:

(1)

No material shall be placed in any junkyard in such a manner that it is capable of being transferred out of the junkyard by wind, water or other natural causes.

(2)

The boundaries of any junkyard shall at all times be clearly delineated.

(3)

All paper, rags, cloth and other fibers, and activities involving the same, other than loading and unloading, shall be within fully enclosed buildings.

(4)

All junkyard materials and activities not within fully enclosed buildings shall be surrounded by a solid fence at least eight feet in height, and maintained in good condition. Any gate in such fence shall be similarly constructed and maintained, and shall be kept locked at all times when the junkyard is not in operation.

(5)

All materials shall be stored in such a manner as to prevent the breeding or harboring of rats, insects, or other vermin. When necessary, this shall be accomplished by enclosure in containers, raising of materials above the ground, separation of types of material, preventing the collection of stagnant water, extermination procedures, or other means.

(6)

No burning shall be carried on in any junkyard. Fire shall be prevented and hazards avoided by organization and segregation of stored materials, with particular attention to the separation of combustibles from other materials and enclosure of combustibles where necessary (gas tanks shall be drained), by the provision of adequate aisles (at least 15 feet for escape and firefighting, and by other necessary measures.)

(7)

Stacking of material shall not exceed eight feet in height.

(8)

No junked material shall be visible from any of the surrounding lands, buildings or streets.

(9)

A fifty-foot buffer yard is required. The buffer yard shall conform to § 27-610.

(10)

Minimum lot area: five acres.

(11)

Parking. One off-street parking space for each employee in the largest shift.

(E6)

Cellular Telecommunications Facility. A cellular telecommunications facility consists of the equipment and structures involved in receiving telecommunications or radio signals from a mobile radio communications source and transmitting those signals to a central switching computer which connects the mobile unit with other mobile units or land-based telephone lines. The following general provisions are in addition to the provisions for particular applications specified below.

(1)

The location of the tower and equipment building shall comply with all natural resource protection standards of this chapter.

(2)

An eight-foot high security fence shall completely surround the tower (and guy wires if used) and equipment structure.

(3)

The following buffer plantings shall be located around the perimeter of the security fence:

(a)

An evergreen screen shall be planted that consists of either a hedge, or evergreen trees planted three feet on center maximum. All plantings shall be at least six feet in height.

(b)

Existing vegetation (trees and shrubs) shall be preserved to the maximum extent possible.

(4)

The tower shall be designed and constructed to all applicable standards of the American National Standards Institute, ANSI/EIA-222-E Manual, as amended.

(5)

The tower shall comply with all local, state and federal regulations including, without limitation, all emission standards and licensing of the Federal Communications Commission, effective September 1, 1997, or as amended from time to time.

(6)

A soil report complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA 22-E, as amended, shall be submitted to the municipality to document and verify the design specifications of the foundation for the tower and anchors for the guy wires if used.

(7)

Towers and antennae shall be designed to withstand wind gusts of at least 100 miles per hour.

(8)

All towers shall be fitted with anti-climbing devices.

(9)

No sign shall be mounted on the tower structure.

(10)

Tower structures supporting antenna shall be painted or have a galvanized finish.

(11)

No antenna or tower structure shall be illuminated except as required by the Federal Aviation Administration or the Federal Communications Commission.

(12)

An antenna may not be located on a building or structure that is listed on a historic registry.

(13)

Any addition to an antenna or modification of an existing antenna shall require Borough approval.

(14)

Elevations of existing and proposed structures or towers showing width depth, and height, use statistical data on the antenna and support structure shall be provided to the Borough.

(15)

Sole Use on a Lot. A cellular telecommunications facility is permitted as a sole use on a lot subject to the following:

(a)

Minimum lot size: 20,000 square feet.

(b)

Minimum setback requirements: The distance from the base of the proposed tower to the nearest point on the lot line shall not be less than the full height of the tower. The equipment structure shall comply with the minimum setback requirements for the district in which the structure is located.

(c)

Maximum tower height: 200 feet.

(d)

Maximum equipment structure size: 600 square feet.

(16)

Combined with Another Use. A cellular telecommunications facility is permitted with an existing or proposed use, subject to the following:

(a)

The existing or proposed use on the property may be any permitted use in the district or any lawful nonconforming use, and need not be affiliated with the cellular telecommunications provider.

(b)

The cellular telecommunications facility shall be fully automated and unattended on a daily basis, and shall be visited only for periodic maintenance.

(c)

Minimum lot area: the minimum lot area shall be the area needed to accommodate the tower (guy wires if used), the equipment structure, security fence and buffer planting. If the title to the land on which the cellular telecommunications facility is located is conveyed to the owner of the facility, the land remaining with the principal lot shall continue to comply with the minimum lot area for the district.

(d)

If the land on which the telecommunications facility is located is conveyed by an easement or lease, the telecommunications provider shall provide proof of same to the Borough.

(e)

Minimum setbacks: the telecommunications equipment structure shall comply with the minimum setback requirements for the host lot. The distance from the base of the proposed tower to the nearest point on the lot line shall not be less than the full height of the tower.

(f)

Access: the vehicular access to the equipment structure shall, whenever feasible, be provided along the circulation driveways of the existing use.

(g)

Maximum tower height: 200 feet.

(h)

Maximum equipment structure size: 600 square feet.

(17)

Combined with an existing structure: Where possible an antenna for a cell telecommunications facility shall be attached to an existing tower or structure subject to the following conditions:

(a)

Maximum height: 50 feet above the existing tower or structure, but overall combined height of no more than 200 feet.

(b)

Minimum setbacks: The distance from the base of the proposed antenna to the nearest point on the lot line shall not be less than the full height of the antenna.

(c)

If the telecommunications provider proposes to locate the equipment structure in a separate building, the structure shall comply with the minimum setback requirements for the district.

(18)

Parking. A minimum of two off-street parking spaces shall be provided for a cellular telecommunications facility.

(E7)

Extraction. Such use shall include extractive operations for oil, gas, sand, clay, shale, gravel, topsoil, stone, and similar operations, including borrow pits (excavations for removing material for filling operations) subject to the following provisions:

(1)

The minimum lot area shall be five acres.

(2)

No extraction will be conducted closer than 400 feet to the boundary of any district in which extraction is not permitted, nor closer than 200 feet to the boundary of any district in which extraction is permitted, nor closer than 300 feet from the center line of any street, nor closer than 400 feet to the point of intersection of the center line of two streets. The setback area shall not be used for any other use in conjunction with extraction except access streets, berms, screening, landscaping and signs.

(3)

A chain-link fence at least 10 feet in height, surmounted by three strands of barbed wire, shall be required within the setback area at a point no closer than the ultimate right-of-way line, to be maintained in a constant state of good repair. Appropriate warning signs shall be mounted or posted along the fence at intervals of not more than 100 feet.

(4)

An adequate internal circulation pattern of streets shall be maintained between the excavation sites and processing areas. Use of public streets shall not be permitted for hauling between extractive and processing areas except where required in connection with such pattern or for access of vehicular traffic originating from or destined to points beyond the limits of such excavation sites and processing areas. Access shall be regulated in accordance with the Borough Subdivision and Land Development Ordinance [Chapter 22].

(5)

No slope shall be maintained exceeding the normal limiting angle of slippage of the material in which the excavation or extraction is being made. No undercutting shall be permitted within the setback area except for the tunnels to provide transportation of materials between extractive and processing areas.

(6)

All operations shall be constructed with sufficient lateral support to be safe with respect to:

(a)

Hazard to persons.

(b)

Physical damage to adjacent lands or improvements.

(c)

Damage to any street, sidewalk, parking area or utility by reason of slide, sinking, or collapse.

(7)

Stockpiles shall not exceed 100 feet in height and shall not be located closer than 200 feet to any district boundary line, nor closer than 300 feet to the center line of any street, or where the contiguous district is a district in which extraction is permitted. All reasonable precautions shall be taken to prevent any materials or wastes deposited upon any stockpile from being washed, blown or otherwise transferred off the site by normal causes or forces.

(8)

All drainage from the site of extractive operations shall be controlled by dykes, barriers or drainage structures sufficient to prevent any silt, debris, or other loose materials from filling any existing drainage course, or encroaching on streets and adjacent properties.

(9)

No ground vibration caused by blasting, grinding, drilling or machinery shall exceed the limits established by the Act of July 10, 1957, P.L. 685, as amended, 73 P.S. §§ 164-168, and the rules and regulations adopted thereunder, with the exception that no blasting shall cause a peak particle velocity greater than 1.0 inch per second, measured at any property line or at the center line of any street.

(10)

Parking. Off-street parking spaces shall be provided as the municipal governing body and planning commission shall determine as adequate to serve customers, employees, visitors, and vehicles normally parked on the premises.

Accessory Uses.

(F1)

Accessory Home Occupation. An accessory home occupation is an accessory use for financial gain that shall be clearly subordinate to the primary residential use of the property. Such use shall meet both the general standards and the specific standards of the various categories below.

(1)

General Standards. The following shall apply to all home occupations listed below:

(a)

A home occupation must be conducted within a residential dwelling which is the bona fide residence of the principal practitioner or in an accessory building thereto which is normally associated with a residential use.

(b)

The amount of floor area devoted to any permitted home occupation shall not be more than 25% of the ground floor area of the principal residential structure or 400 square feet, whichever is less. At least 850 square feet of the gross floor area must remain in residential use. Although the floor area devoted to a professional office home occupation may not exceed 25% of the ground floor area of the principal structure, the home occupation may be conducted within the principal structure or an accessory use structure.

(c)

In no way shall the appearance of the residential structure be altered or the occupation within the residences be conducted in a manner which would cause the premises to differ from its residential character by the use of colors, materials, construction, lighting, show windows, or advertising visible outside the premises from its residential character to attract customers or clients, other than those signs permitted by this chapter.

(d)

One sign is permitted per home occupation providing that it is no larger than nine inches by 18 inches bearing only the name, occupation, and office hours of the practitioner. In addition, it shall not be illuminated or placed in a window.

(e)

Only one commercial vehicle is permitted per home occupation except as specified for a particular home occupation. All commercial vehicles shall be parked on-lot and must be parked in a garage or an enclosed structure.

(f)

Off-street parking spaces are not permitted in the front yards. A ten-foot wide driveway providing access to parking areas in the side or rear of the property may be located in the front yard. All off-street parking areas must be located at least 10 feet from any property line. All off-street parking areas which contain more than three spaces, must comply with the buffer and screening requirements of this chapter and the parking lot design requirements of § 27-614.

(g)

There shall be no exterior storage of materials or refuse resulting from the operation of the home occupation.

(h)

No equipment or process shall be used in a home occupation which creates noise, vibration, glare, fumes, odors, dust, or electrical interference detectable to the normal senses off the lot. No equipment or process shall be used which creates visible or audible interferences in any radio or television receivers off the premises.

(i)

Accessory home occupation shall not include the following: animal hospitals, commercial stables and kennels, funeral parlors or undertaking establishments, antique shops, tourist home, restaurants, and rooming/boarding/lodging houses.

(2)

Individual Standards. The following shall apply to specific types of accessory home occupation:

(a)

Professional Offices.

A professional office is a service oriented business use conducted within an enclosed area specifically designed for the functional needs of the use, wherein the professional services of the practitioner are the salable commodity offered to the client. Professional offices include, but are not limited to, the following: office facility of a salesman, sales representative, or a manufacturer's representative. Office facility of an architect, engineer, broker, dentist, doctor, psychiatrist, insurance agent, land surveyor, lawyer, writer, musician, real estate agent, accountant, travel agent, and other similar professions.

Office facility of a minister, rabbi, or priest, providing that the office is open to the public or congregation.

A professional office home occupation is a permitted accessory use, providing that the home occupation complies with the following conditions and a zoning permit is obtained.

Professional offices are permitted as an accessory use where the primary use is a single-family detached dwelling.

No more than two persons, other than members of the immediate family, may be employed.

In addition to the off-street parking spaces required in this chapter for the particular residential use concerned, a professional office shall provide one off-street parking space for each 200 square feet of office space. A maximum of six off-street parking spaces are permitted on one lot, inclusive of the required residential parking.

(b)

Personal Services. A service business including, but not limited to, barbers, beauticians, or photographers, and other similar professions.

Personal services are permitted as an accessory use where the primary use is a single-family detached dwelling.

Beauty parlors and barber shops may be permitted provided that no more than two patrons can be served at one time.

No more than one person, other than members of the immediate family, may be employed.

In addition to the off-street parking spaces required in this chapter for the particular residential use concerned, a personal service shall provide one off-street parking space for each employee, plus one additional space for each 200 square feet of office space. A maximum of six off-street parking spaces are permitted on one lot, inclusive of the required residential parking.

(c)

Instructional Services. An instructional service is a home occupation in which the practitioner provides the client with special instruction in a specific area of study. The conduction of this home occupation should not require a room or series of rooms specifically designed for that purpose, except that sound proofing is permitted in cases of musical instruments or singing instruction.

Instructional services involving musical instruments or singing are permitted in any type of residence providing the room used for instruction is sound proofed and only one student at a time is instructed. Any instructional service involving more than one student at a time is permitted in a single-family detached dwelling only. Instructional services involving only one student at a time and no musical instruments are permitted in any dwelling type.

No persons shall be employed other than members of the immediate family.

In addition to the off-street parking spaces required in this chapter for the particular residential use concerned, an instructional service shall provide one off-street parking space per two students being instructed at any one time. A maximum of four off-street parking spaces are permitted on one lot inclusive of residential parking.

(d)

Home Crafts. Home crafts are businesses where the commodity is crafted, fabricated, or assembled by the resident craftsman. Home crafts include: artist, sculptor, dressmaker, seamstress, tailor, model maker, rug weaver, lapidary work, cabinet maker, furniture making, pottery, ceramics, and other similar professions.

Home crafts are permitted only in single-family detached dwellings.

No more than one person other than members of the immediate family may be employed.

Home crafts shall not include the following: machine shop, auto body repair, auto servicing. In addition to the off-street parking spaces required in this chapter for the particular residential use concerned.

In addition to the off-street parking spaces required in this chapter for the particular residential use concerned, a home craft shall provide one off-street space per each 300 square feet of gross floor area or portion thereof used for the home occupation. A maximum of five off-street parking spaces are permitted on one lot inclusive of the required residential parking.

(e)

Family Day Care. A family day care use is a facility in which care is provided for six or less children at any one time where the child care areas are being used as a family residence.

Licensing, approval, and permit procedures: Prior to the granting of a permit by the Zoning Officer, the applicant must obtain a license from the Department of Public Welfare, Bureau of Child Development Programs. Licensure is certification of compliance with Chapter H, § 8C, of the Department of Public Welfare's Social Services manual by this Department to the applicant, subject to licensure under Article X of the Public Welfare Code.

A use shall be conducted in a building designed for residential occupancy and for the safety and well being of the occupants.

All family day care facilities which provide care for children over the age of one year shall provide an outdoor play area of 100 square feet per child (over one year of age). Under no circumstances should this area be less than 300 square feet. This area shall not include any impervious surface or parking area.

Family day care use is only permitted as an accessory use to single-family attached and detached use.

If a family day care use is located adjacent to a nonresidential use, a parking lot, or on a street classification higher than a residential access street, the outdoor play area must be enclosed by an unclimbable fence which is deemed appropriate by the Borough. The outdoor play area shall be located to the side or rear of the property.

No more than one person other than members of the immediate family may be employed.

Parking Standards. In addition to the off-street parking required for a single-family home, at least one additional off-street parking space is required for each employee. All parking areas in excess of three spaces must be screened.

(f)

Trade Business. The use of a single-family residence as a base of operation for the trade but no phase of the trade is conducted on the property. Trades included in this home occupation are: electrician, plumber, carpenter, mason, painter, roofer and similar occupations.

Trade businesses are permitted as an accessory use where the primary use is a single-family detached or attached dwelling.

No more than one person, other than members of the immediate family, may be employed.

A maximum of three business vehicles may be parked on the property. These vehicles shall be parked to the side or rear of the dwelling unit.

The area of the office, storage of materials and equipment (excluding vehicles) shall not exceed the limitations of Subsection (F1)(1)(b) above. All materials and equipment shall be stored in a structure.

No assembling, manufacturing, processing, or sales shall be conducted on the property.

In addition to the off-street parking spaces required for the residential use, a trade business shall provide one off-street parking space for each employee.

(g)

Repair Services. A repair service for appliances, electronics, televisions, radios, lawn mowers, watches, bicycles, locks, small business machines, cameras, and other similar services.

No people in addition to members of the immediate family may be employed.

All repair work shall be conducted within a building.

In addition to the parking required for the residential dwelling unit, one off-street parking space per 300 square feet of gross floor area shall be provided for this use.

(F2)

Residential Accessory Buildings.

(1)

Parking spaces for the parking of passenger automobiles; parking of commercial vehicles not exceeding 3/4-ton loading capacity within a completely enclosed building.

(2)

Structures such as fences and walls shall meet the following requirements:

(a)

The maximum height shall be three feet in the front yard and six feet elsewhere.

(b)

If a lot fronts on two or more streets, for this use only, the height of the fencing shall be provided as follows: a maximum three-foot high fence is permitted in the front yard in which the house is facing (i.e., the side of the house containing the primary entrance.) The other front yard(s) (i.e., the side or sides of the house not containing the primary entrance) a maximum six-foot high fence is permitted as long as the required sight triangle is satisfied. The property owner shall depict the front yard in the permit submission. The Zoning Officer shall review and make a determination regarding the front yard, which determination may be appealed to Borough Council.

(c)

(Reserved)[3]

[3]

Editor’s Note: Former Subsection F(F2)(2)(c), regarding apertures in fences over five feet in height, was repealed by Ord. No. 309, 9/12/2016.

(d)

Any fence in the side yard which is over five feet high must be landscaped on the side toward the street unless it is parallel to or on the side lot line.

(e)

On a reverse frontage lot, any backyard fence over five feet in height shall be landscaped on the side toward the street.

(f)

There shall be no fences located in drainage easements or drainage swales which are part of an approved stormwater management plan.

(g)

Fences and walls shall be kept in good repair.

(3)

Buildings such as storage sheds, bath houses, and private greenhouses.

(4)

Facilities for domestic servants or caretakers employed on the premises and for occasional gratuitous guests.

(5)

Private Swimming Pool. A private swimming pool shall be permitted, provided:

(a)

It shall be located in the rear or side yard only. Open private swimming pools and related bathhouses are considered structures for the purpose of permits and regulations of this chapter. For the purpose of this chapter, swimming pools are not counted as floor area in computing the lot coverage. Pools and all their appurtenances including, but not limited to, decks, copings and filter equipment, shall conform to all area and setback requirements of the district in which they are located, or shall be set back a minimum of 10 feet from the property line or side walk, whichever is greater.

(b)

No building, swimming place or swimming pool, or any other structure intended to be used for bathing or swimming purposes in which water may collect in excess of a depth of 12 inches and which has a water holding capacity in excess of 500 gallons shall be constructed, altered, added to or operated unless such swimming pool or place is surrounded by a fence around the entire perimeter. All detachable ladders shall be removed when the pool is not in use. No water shall be placed in the pool until a fence, as required by this chapter, has been completed.

(c)

Fencing of Pools.

Permanent swimming pools above or below grade must be completely enclosed with a minimum four-foot high, not exceeding four-inch spacing, fence, building wall, or such other material as may be acceptable at the discretion of the building inspector, to carry out the intent of this chapter. No fence shall be higher than six feet, unless higher fences are authorized as a special exception by the Zoning Hearing Board. Existing fences are exempt only insofar as they exceed maximum height requirements.

Swimming pools equipped with surrounding elevated walkways that are at least four feet above the ground need not be fenced if the construction is such that it prevents access to the water by small children, and the ladders from the ground are removed or the pool is made inaccessible, when not attended.

Plastic, light metal, or other light duty materials which do not exceed a struck volume depth of 12 inches at the deepest or lowest point, and in addition, which are completely emptied of water when not in use, shall be exempt from the fencing provisions of this chapter.

(d)

No swimming pool shall be located under electrical wires, including service lines, and the pool must be located at least 10 feet (measured horizontally) from such power lines.

(e)

No swimming pool shall be constructed, altered, remodeled or added on to in the Borough except in accordance with a permit therefore previously secured from the Zoning Officer of the Borough, upon written application accompanied by a plan showing the size, shape, and location of the swimming pool and its enclosure and such other information as may be necessary to the Zoning Officer to determine whether the pool complies with this chapter.

(f)

Any pool or water area shall be suitably designed, located and maintained so as not to become a nuisance or hazard to either adjoining owners or to the public generally. All detachable ladders shall be removed when the pool is not in use.

(g)

All electrical work connected to the pool and all equipment incidental thereto shall comply with all Underwriters' regulations and must be inspected and certified by an underwriters inspection agency prior to the issuance of a certificate of compliance. In no event may said pool be used prior to such approval.

(h)

Approved filtration systems and circulators must be provided for all pools except such exempt or non-exempt wading pools as are emptied on a daily basis.

(i)

Outdoor lighting, if used, shall be installed in such a way as to be shielded and not to reflect toward or into the interior of adjacent property owners.

(j)

If pools are connected to any water, sewer, or public utility line, there must be installed a separate valve controlling such line, both as to supply and drainage, and a permit must be obtained prior to installation from the agency furnishing such utility service.

(k)

A minimum isolation distance of 25 feet shall be required between a swimming pool and any sewage disposal system.

(l)

Wading pools exempt from the provisions of this chapter are those temporary pools of plastic, light metal, or other light duty materials which do not exceed a struck volume depth of 12 inches at the deepest or lowest point and, in addition, which are completely emptied of water when not in use.

(6)

Private Hot Tub.

(a)

A private hot tub or other outdoor type bathing apparatus which has a capacity of 500 gallons or less and is situated outside. All outside hot tubs must either be elevated two feet above the ground level and contain a cover which when closed can support a weight up to 40 pounds and a lock or it must conform with the requirements of (F2)(5).

(b)

For the purpose of this chapter, hot tubs are not counted as floor area in computing the lot coverage, but shall conform to all area and setback requirements of the district in which they are located, or shall be set back a minimum of 10 feet from the property line or sidewalk, whichever is greater.

(7)

Parking of Recreational Vehicles. These regulations apply to recreational vehicles which are stored on a property but are not enclosed within a garage or other building and shall include travel trailers, boats, campers, snowmobiles, all-terrain vehicles, trailers for these vehicles and other similar vehicles.

(a)

Two recreational vehicles, not enclosed within a garage or other building, shall be permitted per dwelling.

(b)

Recreational vehicle parking is permitted as an accessory residential use only for single-family detached dwellings and twin dwellings.

(c)

Recreational vehicles shall not be stored between the street line and the front building line and/or in front of the principal building unless the recreational vehicle is totally screened from view by fencing or vegetation, or the recreational vehicle is at least 400 feet from the front property line of the single-family dwelling.

(d)

No such vehicle shall be used for living, sleeping or housekeeping purposes when parked or stored on a residential lot or in any location not approved for such use.

(e)

No recreational vehicles stored on the property shall be closer than seven feet from any property lines.

(f)

For the purposes of this subsection, recreational vehicles shall be presumed stored on a property if they remain on the property for more than seven consecutive days and more than 10 days in any calendar month.

(F3)

In-Law Suite. One in-law suite to a single-family detached dwelling shall be permitted, provided that the conditions set forth in this section are met, and further provided that the accessory use, in all respects, complies with this chapter relating to the zoning district wherein the proposed in-law suite is to be constructed or to be used. The intent of these provisions is to allow for related family members to reside on the premises, but to prohibit the creation of for-profit apartments in districts where multi-family housing is otherwise permitted. The conditions are as follows:

(1)

The in-law suite shall occupy no more than 25% of the total usable floor area of the principal residence, not including any garage.

(2)

In-law suites may contain separate cooking, sleeping, living and bathroom facilities.

(3)

In-law suites shall be part of the principal residence or may be contained in the existing accessory structure such as a garage. No new separate structures on the same lot with the principal residence shall be permitted to be constructed for this use. In-law suites shall not be located in cellar areas (an area having 1/2 or more of its floor to ceiling height below the average level of the adjoining ground).

(4)

The required off-street parking for the principal dwelling plus one additional off-street parking space for the in-law suite shall be provided.

(5)

In-law suites shall be occupied only by related family members such as elderly parents or dependent adult children.

(6)

A restriction shall be added to the deed, to the satisfaction of the Borough, limiting the occupancy of the in-law suite to related family members, such as elderly parents or dependant adult children.

(7)

There shall be no changes to the exterior of the residence which suggests that the dwelling unit is other than a single-family dwelling or which would otherwise detract from the single-family character of the neighborhood.

(8)

No more than one in-law suite shall be permitted per single-family detached dwelling.

(9)

Each in-law suite shall be registered with the Township Zoning Officer, who shall keep a record of its use to ensure compliance with this chapter. A fee shall be imposed by Borough Council for the registration of said use, which said fee shall be fixed annually by Borough Council by resolution.

(10)

A certification shall be received from the Bucks County Board of Health or other regulatory agency certifying that the wastewater facilities are adequate to accommodate the single-family dwelling as well as the in-law suite as defined in this subsection.

(F4)

(Intentionally Left Blank).

(F5)

Outside Storage or Display.

(1)

Outside storage or display, other than storage as a primary use of the land, necessary but incidental to the normal operation of a primary use; subject to the following additional provisions:

(a)

No part of the street right-of-way, no sidewalks or other areas intended or designed for pedestrian use, no required parking areas, and no part of the required front yard shall be occupied by outside storage or display.

(b)

Outside storage and display areas shall occupy an area of less than one half of the existing building coverage.

(c)

Outside storage and/or display areas shall be shielded' from view from the public streets and adjacent lots.

(2)

Uses requiring more substantial amounts of land areas for storage or display may be exempt from the provisions of Subsections F5(1)(b) and F5(1)(c) above when granted as a special exception by the Zoning Hearing Board. Such uses shall be subject to the following additional provisions:

(a)

Neither the principal use nor the outside storage and display use shall encroach upon the minimum required yards and buffer yards of the district.

(b)

In particular, uses appropriate for consideration under this provision include, but are not limited to, nurseries (Use A1), lumber yards (Use E4), truck sales (Use D19), and truck terminals (Use E1(6)).

(c)

Among the uses that shall not be considered appropriate for inclusion under this provision are retail stores (Use D5), repair shops (Use D11), gasoline service station (Use D17), automobile repair garage (Use D18), sale of automobile accessories (Use D21), car wash (Use D26), large retail (Use D28), wholesale business and storage (Use E1(3)), contractor offices and shops (Use E1(5)), and crafts (Use E1(7)).

(d)

Parking. None.

(F6)

Temporary Structure or Use. A temporary permit may be issued for structures or uses necessary during construction or other special circumstances of a non-recurring nature, subject to the following additional provisions:

(1)

The time period of the initial permit shall be six months. This permit may be renewed for three-month time periods, not to exceed one year.

(2)

Temporary structures or uses shall be subject to authorization by the Zoning Officer.

(3)

Such structures or uses shall be removed or uses discontinued completely upon expiration of the permit without cost to the municipality.

(4)

Parking. None.

(F7)

(Intentionally Left Blank).

(F8)

(Intentionally Left Blank).

(F9)

No-Impact Home-Based Business. 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, pick-up, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. 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)

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 in type which is not normally associated with residential use in the neighborhood.

(7)

The business activity shall be conducted within the dwelling and may not occupy more than 25% of the habitable floor area.

(8)

The business may not involve any illegal activity.

(F10)

Bed and Breakfast. A bed and breakfast is any building or residence used for accommodation of transient guests which is not a motel or hotel as enumerated in (D12). Such uses shall be subject to the following provisions:

(1)

Such uses shall be accessory only to a single-family detached residential use that is in compliance with the district in which it is located.

(2)

Such uses shall be subordinate to the principal owner-occupied residential use.

(3)

Maximum number of guest rooms shall be six.

(4)

At least one bathroom shall be provided for the first guest room plus one bathroom for each two additional guest rooms. The living quarters for the residents shall have their own bathroom or bathrooms.

(5)

Any one or more guests may not remain in the same bed and breakfast facility for more than 14 days in a six-month period.

(6)

No external alterations, additions, or changes to the exterior structure shall be permitted, except as required by the Pennsylvania Department of Labor and Industry or for safety reasons as required by any other governmental agency. Fire escapes or external stairways shall be located either to the rear or to the side of the residence.

(7)

Parking. There shall be one off-street parking space per guest bedroom provided on the premises, in addition to other off-street parking spaces required by this chapter. The off-street parking spaces shall be located either to the rear of the main dwelling, or screened from the roadway and adjacent properties by fencing or natural vegetation in accordance with the buffer yard standards of this chapter.

(F11)

Drive-Through. Any vehicle-related commercial facilities in which a service is provided, or goods, food, or beverage are sold, to the operator of, or passengers in, a motor vehicle without the necessity of the operator or passengers disembarking from the vehicle. Drive-throughs shall be accessory uses to the principal uses E2 Service Business, E3 Financial Establishment and E5 Fast-Food Restaurant. Drive-throughs shall be by special exception for use E1 Retail Shop. (Also see § 22-714, Subsection 10, in the Subdivision and Land Development Ordinance for additional requirements for drive-throughs.)

[Added by Ord. 312, 4/24/2017]

(1)

General Standards.

(a)

The drive-through facility shall be designed so as not to impede or impair vehicular and pedestrian traffic movement or exacerbate the potential for pedestrian/vehicular conflicts.

(b)

Drive-throughs located on pad sites in existing shopping centers shall have circulation patterns that are integrated with that of the center.

(c)

Hours of operation shall be set as a condition of the conditional use permit.

(2)

Locational Standards.

(a)

Drive-through uses may not be located across a street from residential zoning districts unless separated by an arterial street.

(3)

Frontage Requirements.

(a)

Minimum lot frontage on at least one street shall be 150 feet for all drive-through uses.

(4)

Setbacks and Landscaping.

(a)

The drive-through use shall be screened from adjacent residential land uses by screening vegetation.

(b)

Landscape buffering shall be placed between the drive-through lanes and adjacent properties.

(5)

Stacking Distance.

(a)

A stacking area is to be provided for cars waiting for drive-through service, which will be no less than 160 feet long.

(b)

One additional stacking space shall be provided after the exit from a car wash building to collect rinse water and minimize icing on public streets in winter.

(6)

Setbacks.

(a)

Overhead canopies shall be set back 10 feet from any street right-of-way and property line and 20 feet from any residential property line. The total height for any overhead canopy shall not exceed 20 feet.

(b)

Service areas and stacking lanes must be set back at least 10 feet from all lot lines.

(c)

Outdoor speakers or menu boards must be set back at least 50 feet from all lot lines.

(7)

Curbing. Interior curbs shall be used to separate driving areas from exterior fixtures such as fuel pumps, vacuums, menu boards, canopy supports and landscaped islands. The curbs shall be of a nonmountable design with a minimum reveal of six inches.

(8)

Application Requirements. A traffic impact study shall be submitted to provide information which will be used to determine the necessary stacking area and the impacts of the proposal upon local traffic circulation. The traffic impact study shall address the following issues:

(a)

Nature of the product or service being offered.

(b)

Method by which product or service is being offered (e.g., window service or brought to vehicle by employee).

(c)

Time required to service typical customer.

(d)

Arrival rate for patrons.

(e)

Peak demand hour.

(f)

Anticipated vehicular stacking required.

(g)

Anticipated traffic generation.