A.
Applicability. It is the intent of this article to provide special
controls and regulations for particular uses that are permitted by
right, special exception, or conditional use within the various districts
established in this chapter. All uses must comply with the standards
expressed within the underlying district and all other applicable
sections of this chapter, unless those standards expressed within
this article differ; in such case, the specific standards listed within
this article shall apply.
B.
Permitted uses. For uses permitted by right, these standards must
be satisfied prior to approval of any application for a land development
(when applicable) or for a zoning/building permit (applicable to all
uses, including those subject to land development). The applicant
shall have the burden of proof that the proposed use is in compliance
with these standards and all applicable regulations contained within
this chapter and must furnish whatever evidence is necessary to demonstrate
such compliance.
C.
Special exceptions. For uses permitted by special exception, this
article sets forth standards that shall be applied to each respective
special exception and which the applicant must demonstrate are satisfied
prior to approval of any application for special exception. The applicant
shall have the burden of proof that the proposed use meets all applicable
regulations contained within this chapter, including those specific
to the use, applicable to special exceptions generally, and otherwise
generally applicable to all uses.
D.
Conditional uses. For uses permitted by conditional use, this article
sets forth standards that shall be applied to each respective conditional
use and which the applicant must demonstrate are satisfied prior to
approval of any application for conditional use The applicant shall
have the burden of proof that the proposed use meets all applicable
regulations contained within this chapter, including those specific
to the use, applicable to conditional uses generally, and otherwise
generally applicable to all uses.
A.
Findings. Adult uses have potential negative impacts upon the community
in that:
(1)
Adult uses are frequently used for unlawful sexual activities, including
prostitution and sexual liaison of a casual nature.
(2)
The concern over sexually transmitted diseases is a legitimate health
concern of the Borough which demands reasonable regulation of adult
businesses in order to protect the health and well-being of Borough
citizens.
(3)
There is convincing documented evidence that adult uses, because
of their very nature, have secondary effects, including, but not limited
to, increased incidence of criminal conduct, that cause a deleterious
effect on both neighboring businesses and residential neighborhoods.
(4)
Adult businesses, due to their nature, have serious objectionable
operational characteristics, particularly when they are located in
close proximity to each other, thereby contributing to neighborhood
blight and the downgrading of property values and quality of life.
B.
Within the CI Commercial and Industrial District, adult uses are
permitted by conditional use, provided that the applicant has met
his/her burden of proof that the proposed use meets all applicable
requirements contained within this chapter, including but not limited
to criteria generally applicable to conditional uses and the requirements
of this section.
C.
An adult use shall not be permitted to be located within 500 feet
of any other adult-related use. The distance between any two adult
uses shall be measured in a straight line, without regard to intervening
structures, from the closest point on the exterior property line of
each establishment.
D.
No adult use shall be located adjacent to or across the street or
within 500 feet of any land within the R-1, R-2, R-3 or Mixed Use
Districts; the distance between any adult use and any land specified
above shall be measured in a straight line, without regard to intervening
structures, from the closest point on the exterior property line of
the adult-related use to the closest point on the property line of
said land use or the closest lot line of any building used for residential
or educational purposes of any nature.
E.
No adult use shall be located within 500 feet of any parcel of land
which contains any one or more of the following specified land uses:
amusement park, camp (for minors' activity), child-care facility,
church or other similar religious facility, community center, museum,
park, playground, school or other lands where minors congregate. The
distance between any adult use and any land use specified above shall
be measured in a straight line, without regard to intervening structures,
from the closest point on the exterior property line of the adult-related
use to the closest point on the property line of said land use.
F.
No materials, merchandise or film offered for sale, rent, lease,
loan or for view upon the premises shall be exhibited or displayed
outside of a building or structure.
G.
Any building or structure used and occupied as an adult use shall
be windowless, or have an opaque covering over all windows or doors
of any area in which materials, merchandise or film are exhibited
or displayed, and no sale materials, merchandise or film shall be
visible from outside of the building or structure.
H.
Required parking for the adult use shall be located behind the building
housing the use.
I.
Signage related to the adult use shall be regularly shaped and not
evocative of the human form or feature.
J.
Any external lighting shall be designed in accordance with this chapter
as static lighting and sufficient to illuminate the building access
and to provide building security and shall not cause direct or reflected
glare to adjoining areas or be directed in an outward or upward direction.
K.
Each entrance to the premises shall be posted with a notice specifying
that persons under the age of 17 years are not permitted to enter
therein and warning all other persons that they may be offended upon
entry.
L.
No adult use may change to another adult use except upon approval
of an additional conditional use.
Automotive sales and service uses shall meet the following objective
requirements:
A.
Vehicle and parts storage shall not be located within any required
yard.
B.
No building or structure shall be located closer than 50 feet to
a residential district line or residential use.
C.
Any external lighting shall be designed in accordance with this chapter
as static lighting and sufficient to illuminate the building access
and to provide building security and shall not cause direct or reflected
glare to adjoining areas or be directed in an outward or upward direction.
D.
All solid waste disposal, loading and delivery, and service areas
which adjoin or are adjacent to residential districts and residential
uses shall be screened by means of natural and man-made components
to a height of six feet.
A.
Bed-and-breakfasts shall meet the following objective requirements:
(1)
Each bed-and-breakfast shall have no more than six bedrooms, which
shall sleep not more than two persons or one family related by blood,
marriage or adoption in each room.
(2)
No bedroom shall have cooking facilities.
(3)
One full bathroom facility shall be provided for every two guest
bedrooms. If there are an odd number of guest bedrooms, there shall
be an additional half bath.
(4)
One paved off-street parking space shall be provided for each guest
bedroom, manager and employee.
(5)
The bed-and-breakfast shall be managed by a person who resides in
the bed-and-breakfast. The manager's quarters shall have a full bathroom
facility in addition to and separate and apart from those servicing
the guests.
(6)
A one- or two-sided sign no larger than two square feet in area shall
identify the bed-and-breakfast.
B.
Licensing. No bed-and-breakfast shall operate in the Borough until
it has been licensed to operate by the Borough. An application for
license shall be made on a form provided by the Borough and shall
be submitted to the Zoning Officer, together with a licensing fee
as set from time to time by resolution of the Borough Council. The
Zoning Officer shall inspect the bed-and-breakfast, and if he or she
finds that the facility is in compliance with the provisions of this
section and that the bed-and-breakfast has not been found to have
violated this section on more than two separate occasions, the Zoning
Officer shall issue a license to operate. An annual application for
license and annual inspection shall be required.
A.
Within the CI Commercial and Industrial District, billboards are
permitted by right.
B.
No billboard shall be located within 500 feet of another billboard
as measured in a straight line, without regard to intervening structures,
property lines, street rights-of-way, or any other improvement.
C.
All billboards shall be a minimum of 40 feet from all property lines
and street rights-of-way.
D.
All billboards shall be set back at least 500 feet from any land
within the R-1, R-2, R-3, Mixed Use and Educational Districts and/or
the closest lot line of any building used for residential or educational
purposes of any nature.
E.
No billboard shall obstruct the view of motorists on adjoining roads
or the view of adjoining commercial or industrial uses which depend
upon visibility for identification.
F.
The maximum area for any one billboard sign face shall not exceed
12 feet in vertical measurement or 25 feet horizontally and in no
event exceed 300 square feet.
G.
The terms "face" and "facing," as used in this section, shall mean
the surface area or surface areas of the structure containing the
message of the billboard sign or signs.
(1)
The billboard sign face area shall be measured by the smallest square,
rectangle, triangle, circle or combination thereof which will encompass
the sign face, or faces if two-sided, and the frame to which the sign
face is affixed above ground level.
(2)
A billboard sign shall contain not more than two facings with only
one advertising message being displayed at any one time per face.
Facings may be placed only back-to-back or V-shaped at an interior
angle of less than 90°.
H.
All properties upon which a billboard is erected shall be regularly
maintained so as not to create a nuisance by means of weeds, litter
or vector habitation.
I.
Any lighting used for billboards shall be designed in accordance
with this chapter to only illuminate the face of the billboard and
not cause direct or reflected glare to adjoining areas or in an upward
direction.
J.
Billboards may not be illuminated by means other than a fixed light.
K.
A billboard may only contain a fixed message. Changing messages are
prohibited.
Churches, hospitals and nursing homes shall meet the following
objective requirements:
A.
Churches, hospitals and nursing homes and their accessory parking
facilities shall be so located as to be readily accessible from streets
that are designed and functioning at a service level that is adequate
to handle the additional traffic generated by the uses.
B.
All parking, outdoor use, solid waste disposal, loading and delivery,
and service areas which adjoin or are adjacent to residential districts
and residential uses shall be screened by means of natural and man-made
components to a height of six feet.
C.
All other areas of the use adjoining or adjacent to a residential
district or residential use shall employ building design and landscaping
elements that are compatible with and maintain a residential character.
D.
Any outdoor lighting shall be designed to prevent direct or reflected
glare to adjoining properties. Any outdoor lighting in areas which
adjoin or are adjacent to a residential district or residential use
shall be designed and operated after 10:00 p.m. and before 6:00 a.m.
to meet the minimum requirements necessary for safety of person and
security of property.
A.
In consideration of Act 191 of 2012, the Wireless Broadband Collocation
Act, effective December 23, 2012, this section applies to wireless
telecommunications facilities and wireless support structures as defined
in this section.
B.
ACCESSORY EQUIPMENT
ANTENNA
BASE STATION
CO-LOCATION
ELECTRICAL TRANSMISSION TOWER
EQUIPMENT COMPOUND
MODIFICATION or MODIFY
REPLACEMENT or REPLACE
SUBSTANTIAL CHANGE or SUBSTANTIALLY CHANGE
WATER TOWER
WIRELESS SUPPORT STRUCTURE
WIRELESS TELECOMMUNICATIONS FACILITY
Definitions. The following words and phrases when used in this section
shall have the following meanings:
Any equipment serving or being used in conjunction with a
wireless telecommunications facility or wireless support structure.
The term includes utility or transmission equipment, power supplies,
generators, batteries, cables, equipment buildings, cabinets and storage
sheds, shelters or similar structures.
Telecommunications equipment that transmits and receives
electromagnetic radio signals used in the provision of all types of
wireless telecommunications services.
A station at a specified site authorized to communicate with
mobile stations, generally consisting of radio transceivers, antennas,
coaxial cables, power supplies and other associated electronics.
The placement or installation of new wireless telecommunications
facilities on previously approved and constructed wireless support
structures, including self-supporting or guyed monopoles and towers,
electrical transmission towers, water towers or any other structure
not classified as a wireless support structure that can support the
placement or installation of wireless telecommunications facilities
if approved by the municipality. The term includes the placement,
replacement or modification of accessory equipment within a previously
approved equipment compound.
An electrical transmission structure used to support overhead
power lines consisting of 69 kilovolt or greater conducting lines,
generally of steel construction and having a height of at least 75
feet. The term shall not include any utility pole having a height
of less than 75 feet.
An area surrounding or adjacent to a wireless support structure
within which base stations, power supplies or accessory equipment
are located.
The improvement, upgrade or expansion of existing wireless
telecommunications facilities or base stations on an existing wireless
support structure or the improvement, upgrade or expansion of the
wireless telecommunications facilities located within an existing
equipment compound, if the improvement, upgrade, expansion or replacement
does not substantially change the physical dimensions of the wireless
support structure.
The replacement of existing wireless telecommunication facilities
on an existing wireless support structure or within an existing equipment
compound due to maintenance, repair or technological advancement with
equipment composed of the same wind loading and structural loading
that is substantially similar in size, weight and height as the wireless
telecommunications facilities initially installed and that does not
substantially change the physical dimensions of the existing wireless
support structure.
Any increase in the height of the wireless support structure
by more than 10% or by the height of one additional antenna array
with separation from the nearest existing antenna not to exceed 20
feet, whichever is greater, except that the mounting of the proposed
wireless telecommunications facility may exceed the size limits set
forth in this definition if necessary to avoid interference with existing
antennas.
A standpipe or an elevated tank situated on a support structure,
both of which shall be constructed of steel, have a height of at least
75 feet and be used as a reservoir or facility to deliver water.
A freestanding structure, such as a guyed or self-supporting
monopole or tower, electrical transmission tower, water tower or other
structure not classified as a wireless support structure, that could
support the placement or installation of wireless telecommunications
facilities if approved by the Borough.
The set of equipment and network components, including antennas,
transmitters, receivers, base stations, cabling and accessory equipment,
used to provide wireless data and telecommunications services. The
term shall not include the wireless support structure.
C.
Wireless support structures, as defined in this section, are subject
to the following provisions:
(1)
Preapplication submission; determination of need for filing of application
for a zoning/building permit.
(a)
Modifications and replacements of wireless support structures
shall submit the following information for a determination of the
need for the filing of an application for a zoning/building permit:
[1]
Plan depicting the type, location and dimensions of existing
wireless support structure and wireless telecommunications facility.
[2]
Plan depicting the type, location and dimensions of the proposed
modification or replacement of the existing wireless support structure
and wireless telecommunications facility or proposed co-location of
wireless telecommunications facility.
[3]
Written certification with supporting information demonstrating that the proposed modification, replacement or co-location conforms to the requirements of Subsection D.
[4]
Written certification with supporting information demonstrating
that the proposed modification, replacement or co-location conforms
to the initial zoning and/or land use approval issued for the previously
approved wireless support structure or wireless telecommunications
facility.
(b)
The preapplication submission shall be signed by the owner(s)
and the operator(s) of the wireless structure and the wireless telecommunications
facility and shall bear the following statement:
|
I understand that false statements herein are made subject to
the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn
falsification to authorities.
|
D.
No zoning/building permit is required for modification, replacement
or co-location that meets all of the following requirements:
(1)
The proposed co-location, modification or replacement does not substantially
change the physical dimensions of the wireless support structure to
which the wireless telecommunications are to be attached.
(2)
The proposed co-location, modification or replacement does not further
increase the height of a wireless support structure which has already
been extended by more than 10% of its original approved height or
by the height of one additional antenna array.
(3)
The proposed co-location, modification or replacement does not increase
the dimensions of the existing approved equipment compound.
(4)
The proposed co-location, modification or replacement complies with
the applicable conditions of approval attached to the initial wireless
telecommunications facilities, equipment compound and wireless support
structure.
(5)
The proposed co-location, modification or replacement may not exceed
the applicable wind loading and structure loading requirement for
the wireless support structure.
Commercial parking uses shall meet the following objective requirements:
A.
Commercial parking shall be located off street and shall be of adequate
size and design to allow vehicles to maneuver on site and without
backing onto public rights-of-way.
B.
Entrance and exits shall have a width of 12 feet for each lane of
traffic and shall not exceed a total width of 24 feet. In the event
the entrance and exit is controlled with a mechanical control device,
only one traffic lane, 12 feet in width, is required.
C.
All entrances, exits and parking areas shall be paved and shall be
marked to delineate direction of travel and individual parking spaces.
D.
Landscape plantings, comprised of a mix of native evergreen and deciduous
trees, of sufficient height and density to screen the commercial parking
use, shall be located in areas adjoining a residential district or
residential use. A landscape plan specifying the type, size and location
of existing and proposed plant material shall be submitted as part
of the application for conditional use.
A convenience store shall meet the following requirements:
A.
Service islands and other pickup or service facilities shall be set
back at least 30 feet from all public rights-of-way.
B.
Service islands and other pickup or service facilities shall be set
back at least 15 feet from any side or rear lot line.
C.
Convenience stores shall be screened from any adjoining residential
district or residential use by means of a solid masonry wall, fence
or vegetation to a minimum height of six feet.
D.
Solid waste disposal and collection facilities shall be contained
within a gated enclosure constructed of masonry or wood.
E.
No screening wall or solid waste enclosure may contain advertising.
F.
If fuel is sold, no more than three gasoline pumps are permitted
on a lot meeting the required minimum lot size for the district. Three
pumps may be added for each additional 1,000 square feet in lot area.
G.
All ventilation equipment associated with fuel storage tanks shall
be set back 100 feet from adjoining residential districts or residential
uses.
H.
All exterior compressors shall be enclosed to muffle sound to adjoining
properties.
I.
Any outdoor lighting shall be designed to prevent direct or reflected
glare to adjoining properties. Any outdoor lighting in areas which
adjoin or are adjacent to a residential district or residential use
shall be designed and operated after 10:00 p.m. and before 6:00 a.m.
to meet the minimum requirements necessary for safety of person and
security of property.
Day-care services uses shall meet the following objective requirements:
A.
The operator of a day-care service shall at all times comply with
all commonwealth requirements and, upon request, shall present evidence
of such compliance to the Zoning Officer.
B.
Family day-care centers shall have no nonresident employees. Group
day-care centers shall have no more than two nonresident employees.
C.
One off-street parking space shall be provided for each employee.
D.
The area for delivery and pickup of children shall be located on
site of the use. For all new buildings and, where feasible, for all
existing buildings, circular driveways shall be provided for this
purpose.
E.
Any outdoor play area shall be fenced to restrict access to and from
abutting properties, streets or alleys. Such fence shall be a minimum
of four feet in height.
Drive-through facilities shall be permitted as an accessory
use to a commercial use in the C-2 Commercial District, provided:
A.
All drive-through facilities shall be located on site of the commercial
use.
B.
All drive-through facilities shall be designed and located to minimize
conflict with pedestrian traffic.
C.
A stacking area for six cars shall be provided at each drive-through.
D.
A solid masonry wall of at least 24 inches in height shall be constructed
along a drive-through lane that adjoins an internal pedestrian walkway
or a public sidewalk.
A.
Fences and walls are permitted by right within required yard areas,
provided that no fence or wall, except a retaining wall as noted below,
shall be erected to a height of more than:
B.
The use of retaining walls higher than two feet, up to a maximum
height of 10 feet, is permitted, subject to the following findings:
(1)
That the proposed height of the retaining wall is necessary to facilitate
an efficient use of the site and/or to protect an important sensitive
natural or cultural feature of the site;
(2)
That the applicant has submitted written expert evidence from a professional
engineer registered to practice within the Commonwealth of Pennsylvania
that the proposed retaining wall is designed and will be constructed
to assure structural integrity and will in no way adversely affect
any drainage pattern and/or underground utility lines or interfere
with their rights-of-way;
(3)
That the applicant has provided sufficient separation and physical
barriers between the proposed retaining wall and any pedestrian and/or
vehicle movement areas to ensure adequate vehicle and pedestrian safety;
and
(4)
That the base of the retaining wall is set back a horizontal distance
at least equal to its height from each property line.
C.
The use of glass topped, barbed wire and electric fences is expressly
prohibited.
D.
Fences and walls shall be constructed of durable materials suited
for their purpose and the use of discarded materials, vehicles and
appliances is prohibited. No wall or fence shall be constructed of
corrugated metal, corrugated fiberglass, or sheet metal.
Forestry uses shall meet the following requirements:
A.
Prior to issuance of a zoning/building permit and commencement of
harvesting, an erosion and sedimentation control plan approved by
the Clarion County Conservation District shall be submitted to the
Borough.
B.
Prior to issuance of a zoning/building permit and commencement of
harvesting, road bonding in a form and amount satisfactory to the
Borough shall be submitted to the Borough.
C.
Prior to issuance of a zoning/building permit and commencement of
harvesting, liability insurance in a minimum amount of $2,000,000
to protect existing infrastructure and buildings during harvesting
shall be submitted.
D.
To avoid traffic congestion and excess noise impacts, all harvesting
activities must be conducted between Monday and Friday between the
hours of 8:30 a.m. and 4:00 p.m.
Fraternities and sororities shall meet the following objective
requirements:
Funeral parlors shall meet the following objective requirements:
A.
There shall be no receiving vault, preparation room, or display of
merchandise or advertising of merchandise or services visible from
outside the principal building.
B.
There shall be a minimum of 5,000 square feet of off-street parking,
but in no event less than the number of parking spaces otherwise required
by this chapter.
Gasoline services stations shall meet the following objective
requirements:
A.
Vehicle and parts storage areas shall not be located within any required
yard.
B.
Buildings shall not be located closer than 50 feet to any residential
district or residential use.
C.
All parking, vehicle and parts storage, solid waste disposal, delivery
and service areas which adjoin or are adjacent to residential districts
and residential uses shall be screened by means of natural and man-made
components to a height of six feet.
D.
Any outdoor lighting shall be designed to prevent direct or reflected
glare to adjoining properties. Any outdoor lighting in areas which
adjoin or are adjacent to a residential district or residential use
shall be designed and operated after 10:00 p.m. and before 6:00 a.m.
to meet the minimum requirements necessary for safety of person and
security of property.
Within residential uses in the R-1, R-2 and R-3 Districts, home
occupations, if conducted as an accessory use to a principal residence,
are permitted by right, subject to the following requirements. The
following activities are specifically not permitted as home occupations:
kennels, veterinary offices, pet grooming, small motor repair, automotive
repair, and similar undertakings.
A.
No more than one home occupation may be located in any dwelling unit.
B.
A home occupation must be conducted by a single resident of the dwelling
unit.
C.
Home occupations shall be limited to not more than 25% of the floor
area of the dwelling unit.
D.
No accessory building or structure shall be utilized as a home occupation.
E.
The home occupation shall not alter the appearance of the building
as a dwelling unit.
F.
No signage is permitted.
G.
No sales of any goods or merchandise shall occur on the premises
that would require customer visitation to the site, other than those
goods or merchandise which are produced on the premises and incidental
goods and services.
H.
No mechanical equipment shall be employed in a home occupation, other
than that customarily utilized for hobby or domestic purposes and
used consistent with hobby or domestic purposes.
I.
No manufacturing shall occur on the premises other than the products
of customary hobbies and fabrication of garments by a seamstress or
tailor.
J.
No goods shall be displayed so as to be visible from the exterior
of the premises.
K.
In addition to the required parking spaces for the dwelling unit,
one off-street parking space shall be provided for the customer.
L.
The applicant shall submit evidence of all applicable state approvals,
certificates and permits for the proposed use.
M.
The applicant is required to submit written information providing
for the appropriate disposal of all materials and wastes. The zoning/building
permit for this use shall remain valid only so long as all materials
and wastes are properly disposed of on a regular basis. Should the
nature of the home occupation change in the future such that the materials
used or wastes generated changes significantly, either in type or
amount, the owner of the home occupation shall so inform the Zoning
Officer and shall provide additional evidence demonstrating continued
compliance with the requirements of this section.
Kennels shall meet the following requirements:
A.
In addition to individual animal enclosures, a kennel shall be surrounded
by a secure fence at least six feet in height.
B.
If dogs are to be kenneled, a sound-reduction plan for the hours
of 10:00 p.m. to 8:00 a.m. shall be devised and implemented.
C.
Kennels shall maintain and at all times comply with commonwealth
licensing requirements.
Medical clinics shall meet the following objective requirements:
A.
Access to medical clinics shall be from a street with a pavement
width of at least 24 feet.
B.
All required parking, loading and unloading shall be contained entirely
on the lot containing the medical clinic and shall include sufficient
on-lot maneuvering room so that vehicles will not back onto a public
street.
C.
Any outdoor lighting shall be designed to prevent direct or reflected
glare to adjoining properties. Any outdoor lighting in areas which
adjoin or are adjacent to a residential district or residential use
shall be designed and operated after 10:00 p.m. and before 6:00 a.m.
to meet the minimum requirements necessary for safety of person and
security of property.
D.
All parking, solid waste disposal, loading and delivery, and service
areas which adjoin or are adjacent to residential districts and residential
uses shall be screened by means of natural and man-made components
to a height of six feet.
The Borough has a stated community development objective to
encourage the reuse and continual use of older single-family dwellings
as both affordable housing and as a measure to protect the historic
architecture of the Borough. Therefore, mobile homes outside of mobile
home clusters shall be permitted in the R-1, R-2 and R-3 Districts
only as a conditional use and subject to the following requirements.
A.
The applicant shall submit as part of the application the following:
(1)
A lot plan showing all features of the lot, including structures
and utility facilities, easements and rights-of-way, and significant
buildings and structures on all adjoining lots.
(2)
A plan showing front, rear and both side elevations of the mobile
home.
(3)
One set of color pictures (five by seven) of at least 10 houses within
a five-hundred-foot radius of the proposed location that can be used
to characterize the residential resources of the neighborhood. The
houses must be located within the district where the unit is to be
placed.
B.
The mobile home shall be placed on a permanent foundation with a
footer extending below the frost line.
C.
The mobile home shall be anchored to the foundation, and such anchoring
shall be equivalent to or exceed then-current ANSI standards.
D.
All utility connections must be made with rigid pipe or conduit.
E.
External modifications to be made to the mobile home shall be proposed
with sufficient detail to demonstrate that the mobile home will be
architecturally compatible with the residential resources of the established
neighborhood.
F.
Mobile homes may be placed or installed for temporary purposes for
periods not to exceed six months as a construction office or similar
purpose or as emergency housing or place of business necessitated
by flood, fire or other catastrophe in all zoning districts, provided
that a permit for such location and use is applied for and obtained
from the Zoning Officer. Such permit may be extended for a single
six-month temporary period upon reapplication to and approval by the
Zoning Officer.
A mobile home cluster shall meet the following objective requirements:
A.
The minimum gross area for the use shall be three contiguous and
regularly shaped acres.
B.
The minimum lot area required for each mobile home in the cluster
shall be 5,000 square feet.
C.
The minimum width of the lot area required for each mobile home in
the cluster shall be 50 feet.
D.
The minimum distance between mobile homes shall be 20 feet.
E.
The minimum setback of any mobile home from the street right-of-way
shall be 20 feet.
F.
A safe and convenient paved entrance shall connect the mobile home
cluster with a public street, and such entrance shall be 34 feet in
width. Such entrance shall be designed at a right angle to the public
street.
G.
A paved access drive shall be provided within the cluster and designed
to provide safe and convenient vehicular access to each mobile home.
The access drive shall be 38 feet in width where parking is proposed
for each side and 29 feet in width where parking is proposed only
on one side.
H.
A dead-end street shall provide a turnaround with an outside roadway
diameter of at least 60 feet.
I.
The owner of the mobile home cluster lot shall install and maintain
required stormwater management facilities.
K.
The mobile home cluster shall be improved with lighting at sufficient
frequency and intensity to maintain a safe and secure community.
L.
Two off-street parking spaces shall be provided for each mobile home,
located on the area reserved for the mobile home. Where the internal
accessways are insufficient for off-street parking for guests and
invitees, additional off-street parking shall be provided within the
mobile home cluster.
M.
Each mobile home lot shall be improved with a foundation or pad constructed
from concrete, asphalt or other material sufficient to adequately
support the mobile home.
N.
Each mobile home shall be anchored to the foundation, and such anchoring
shall be equivalent to or exceed then-current ANSI standards.
O.
The base of each mobile home shall be enclosed; such enclosure shall
provide sufficient ventilation to inhibit decay and deterioration
of the mobile home.
P.
Each mobile home shall be connected to the public water and sewer
systems and to an electrical distribution system operated by a public
utility, municipal authority or the Borough.
Q.
The mobile home cluster shall be served by fire hydrants designed
and placed in conformance with the requirements of the water service
provider and installed and maintained at the sole expense of the owner
of the mobile home cluster.
R.
Open space and recreational areas suitable in size, design and location
for the intended occupants of the mobile home cluster shall be provided
on site, provided that such areas shall include a minimum of 20% of
the total area of the mobile home cluster, of which 1/2 of the area
shall be a single piece and located as centrally as possible within
the mobile home cluster.
S.
The owner of the mobile home cluster is responsible for the general
care of the mobile home cluster, including all common improvements,
access drives, walkways and sidewalks, recreation and open space areas.
T.
The owner of the mobile home cluster is responsible for the provision
of solid waste disposal and collection. All solid waste collection
facilities shall be located in areas convenient to the occupants of
the mobile homes and shall be gated and contained in a masonry or
wood enclosure. Such enclosure shall be regularly cleaned.
U.
The owner of the mobile home cluster is responsible for the maintenance
of the access drives and common sidewalks and walkways, including
repair, replacement and snow and ice removal.
V.
No mobile home shall be removed from the Borough without first obtaining
a permit from the Borough Tax Collector, as required by Act 54 of
1959, upon payment of the required fee and real estate and personal
taxes assessed and unpaid at the time the permit is requested.
A.
Preemption. Chapter 32 of Act 13[1] specifically preempts regulation through this chapter
of:
(1)
Features of oil and gas operations regulated by Chapter 32 of Act
13;
(2)
Requirements on construction of oil and gas operations that are more
stringent than those requirements imposed on construction of other
industrial uses; and
(3)
Requirements on height, screening, fencing, lighting or noise relating
to oil and gas operations that are more stringent that those requirements
imposed on other industrial uses or other uses within the meaning
of "land development" as defined by the Municipalities Planning Code[2] that are located within the zoning district in which the
oil and gas operations are located.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
[1]
Editor's Note: See 58 Pa.C.S.A. § 3201 et seq.
B.
Definitions.
C.
Permitted uses.
(1)
As mandated by Act 13, the following uses shall be permitted in all
districts:
(a)
Well and pipeline location assessment operations;
(b)
Oil and gas operations, other than activities at natural gas
impoundment areas, natural gas compressor stations, natural gas processing
plants, and natural gas wells and well sites.
(c)
Natural gas impoundment areas, provided that the edge of any
impoundment area shall not be located closer than 300 feet from any
existing building.
(2)
Natural gas wells and well sites shall be permitted in all districts,
except the R-1, R-2, R-3 and MU Districts.
(4)
In the R-1, R-2, R-3 and MU Districts, oil and gas operations, other
than the placement, use and repair of oil and gas pipelines, water
pipelines, access roads or security facilities, may not take place
within 300 feet of an existing building.
(5)
Natural gas compressor stations and natural gas processing plants
shall be permitted in the CI Commercial and Industrial District.
D.
Conditional uses. As mandated by Act 13, the following uses are permitted
as conditional uses.
(1)
A wellhead that cannot be located at least 500 feet from any existing
occupied building, wells and well sites shall be permitted as a conditional
use in the R-1, R-2, R-3 and MU Districts, subject to the following
objective requirements in addition to the requirements generally applicable
to conditional uses:
(a)
The outer edge of the well pad is located no closer than 300
feet from an existing building.
(2)
A natural gas compressor station shall be permitted as a conditional
use in the R-1, R-2, R-3, MU, C-1, C-2 and E Districts, subject to
the following objective requirements in addition to the requirements
generally applicable to conditional uses:
(a)
The natural gas compressor building is located 750 feet or more
from the nearest existing occupied building or 200 feet from the nearest
lot line, whichever is greater, unless the regulation is waived by
the owner of the occupied building or adjoining lot.
(b)
The noise level may not exceed a noise standard of 50 dBA at
the nearest property line or the applicable standard imposed by federal
law, whichever is less stringent.
E.
May not exceed limitations on other industrial uses or land developments.
(1)
Requirements or limitations imposed on the construction of oil and
gas operations may not exceed those imposed on construction activities
for other industrial uses within the Borough.
(2)
Height, screening, fencing, lighting and noise requirements or limitations
imposed on permanent oil and gas operations may not exceed those imposed
on other industrial uses or other land development within the zoning
district in which the permanent oil and gas operation is located.
A.
This section complies with the requirements of the Pennsylvania Municipalities
Planning Code for provision for no-impact home-based businesses as
permitted uses in all districts.
B.
For purposes of this section, a no-impact home-based business is
a business or commercial activity administered or conducted as an
accessory use which is clearly secondary to the use as a residential
dwelling and which involves no customer, client or patient traffic,
whether vehicular or pedestrian, pickup, delivery or removal functions
to or from the premises in excess of those normally associated with
residential use.
C.
To qualify as a no-impact home-based business, the business or commercial
activity must meet the definition of no-impact home-based business
and satisfy all of 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 inventorying of a substantial nature.
(4)
There shall be no outside appearance of a business use, including
but not limited to parking, signs or lights.
(5)
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
(6)
The business activity may not generate any solid waste or sewage
discharge in volume or type which is not normally associated with
residential use in the neighborhood.
(7)
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
(8)
The business may not involve any illegal activity.
Rooming houses shall meet the following objective requirements:
A single-family — high-density occupancy use
shall meet the following requirements:
A.
The single-family residential structure existed as of the effective
date of this chapter.
B.
The structure is of such size as to reasonably accommodate a density
greater than allowed under the definition of "family" provided in
this chapter.
C.
Bedrooms of sufficient size are available for each occupant.
D.
In addition to parking otherwise required by this chapter for a single-family
use, one additional parking space is provided for each additional
occupant above the number allowed under the definition of "family"
provided in this chapter.
E.
A maximum of four persons is allowed.
[Amended 11-3-2015 by Ord. No. 2015-810]
Townhouse dwellings shall meet the following objective requirements:
A.
Townhouses shall have no more than six dwelling units in a single
row.
B.
Architectural treatments shall vary between units, including elevations,
setbacks, balconies, architectural detail, roof pitch, and external
materials and colors.
C.
The particular physical characteristics and natural amenities of
the site shall be considered in the layout and arrangement of buildings,
parking areas, recreation and open space areas, and landscaping.
E.
The minimum width of any side yard adjoining a street, driveway or
parking area shall be not less than 30 feet.
F.
Access and delivery areas shall be provided in the front of each
townhouse unit.
G.
Parking may be provided as carports, integral parts of a townhouse,
or in a joint parking facility subject to a maintenance agreement.
H.
Adequate solid waste disposal and collection facilities shall be
provided in either a structure closed on at least three sides or screened
from adjoining properties by a fence, masonry wall or screen plantings.
I.
Townhouse dwellings shall comply with the following requirements:
|
Number of Bedrooms
| |||||||
|---|---|---|---|---|---|---|---|
|
1
|
2
|
3
|
4
|
5
| |||
|
Minimum lot area, square feet
| |||||||
|
With two-car garage
|
1,700
|
2,000
|
2,000
|
2,400
|
2,600
| ||
|
With on-lot parking
|
1,400
|
1,700
|
1,800
|
2,300
|
2,500
| ||
|
With off-lot parking
|
1,100
|
1,400
|
1,500
|
1,800
|
2,000
| ||
|
Minimum lot width, feet
| |||||||
|
With two-car garage
|
28
|
28
|
28
|
30
|
32
| ||
|
With on-lot parking
|
22
|
22
|
24
|
26
|
26
| ||
|
With off-lot parking
|
18
|
20
|
20
|
20
|
20
| ||
|
Minimum yards
| |||||||
|
Front
|
20
|
20
|
20
|
20
|
20
| ||
|
Side
|
As required in the district in which located, except as provided in Subsection E where adjoining a street, driveway or parking area.
| ||||||
|
Rear
|
As required in the district in which located.
| ||||||
|
Required off-street parking spaces
|
1.25
|
2.0
|
2.0
|
3.0
|
3.0
| ||
Upper-story dwellings shall meet the following requirements:
A.
The use of the first-story space is a use permitted in the district
and meets the general requirements set forth in this chapter.
B.
Off-street parking for the upper-story dwelling in the C-2 District
shall be provided on site and at the ratio of one parking space per
bedroom, provided that one parking space is required for an efficiency
unit.
C.
Each dwelling unit shall maintain at least 144 square feet of floor
area per bedroom, which area cannot include a kitchen, bath or laundry
area.
Except as otherwise provided in this chapter, wireless support structures, as defined in § 210-36B, shall meet the following objective requirements. The remaining definitions set forth in § 210-36B are incorporated in this section by reference.
A.
An applicant proposing construction of a new wireless support structure
shall demonstrate that a good faith effort has been made to obtain
permission to mount proposed wireless telecommunications facilities
on an existing building, structure or wireless telecommunications
tower. At a minimum, the applicant shall have contacted all owners
of potentially suitable existing buildings, structures and wireless
support structures within a one-fourth-mile radius of the site of
the proposed wireless support structure site and shall certify one
or more of the following reasons preventing co-location:
(1)
The co-location of the proposed telecommunications facilities would
exceed the structural capacity of the existing building, structure
or wireless support structure and its reinforcement cannot be accomplished
at a reasonable cost.
(2)
The proposed telecommunications facilities would cause radio frequency
interference with other existing facilities located on the existing
building, structure or wireless support structure and the interference
cannot be prevented at a reasonable cost.
(3)
The existing building, structure or wireless support structure does
not have adequate location, space, access or height to accommodate
the proposed equipment or to allow it to perform its intended function
and expansion to accommodate the co-location cannot be accomplished
at a reasonable cost.
(4)
A commercially reasonable agreement could not be reached with the
owner of the existing building, structure or wireless support structure,
which reason may not be established by the applicant upon mere assertion.
B.
A wireless support structure may be located on a lot occupied by other principal buildings or structures or may occupy a leased parcel within a lot, provided the area reserved for the wireless support structure and accessory buildings, structures and equipment satisfies Subsection C.
C.
The base of the wireless support structure shall be set back from
all property lines and street right-of-way lines a minimum distance
equivalent to 1 1/2 times the height of the structure, and in
no event shall the structure be placed within any required yard for
the district.
D.
Accessory buildings, structures and equipment shall be set back from
all property lines a minimum of 50 feet.
E.
Access to the wireless support structure and accessory buildings,
structures and equipment shall be provided by means of a public street
or easement to a public street. The easement shall be a minimum of
20 feet in width and shall be improved to a width of at least 10 feet
with a dust-free, all-weather surface (if stone or gravel, at a depth
of six inches and compacted) for its entire length.
F.
The applicant shall submit certification from a Pennsylvania-registered
professional engineer that the proposed wireless support structure
will be designed and constructed in accordance with current national
structural standards.
G.
The applicant shall demonstrate that the proposed height of the wireless
support structure is the minimum height necessary for the provision
of wireless telecommunications services.
H.
Unless preempted by airport zoning, the maximum height of any wireless support structure shall be 190 feet. In the event the height of the structure must be increased to provide the minimum height necessary for the provision of wireless telecommunications services, the setback required by Subsection B from adjoining property lines and street right-of-way lines shall be increased by one foot for each foot of height in excess of 190 feet.
I.
The wireless support structure shall be landscaped so as to screen
the base and accessory buildings, structures and equipment from adjoining
properties.
J.
All guy wires associated with a guyed wireless support structure
shall be clearly marked so as to be visible at all times and shall
be located within a fenced enclosure.
K.
The site of a wireless support structure shall be secured by a fence
with a minimum height of eight feet.
L.
One off-street parking space shall be provided within the fenced
area.
M.
No signs or lights shall be mounted on a wireless support structure
except as may be required by the Federal Communications Commission,
Federal Aviation Administration or other governmental agency that
has jurisdiction.
N.
The applicant shall submit to the Borough a copy of the current Federal
Communications Commission license for the owner/operator of each wireless
telecommunications facility co-located on the wireless support structure;
the name, address and emergency telephone number for each owner/operator
of each co-located wireless telecommunications facility on the structure;
and a certificate of insurance evidencing general liability coverage
in the minimum amount of $1,000,000 per occurrence and property damage
coverage in the minimum amount of $1,000,000 per occurrence covering
the wireless support structure and co-located wireless telecommunications
facilities.
O.
A wireless support structure that is unused for a period of 12 consecutive
months shall be considered abandoned. The owner of the structure and
the owner of the property on which the structure is located shall
remove the structure within six months of the expiration of such twelve-month
period.
P.
Prior to the erection of the wireless support structure, the owner
of the wireless support structure and the owner of the land upon which
the wireless support structure is proposed to be erected shall obtain
a zoning/building permit from the Zoning Officer, which permit shall
have a term of one year, renewable for a similar term upon application
to the Zoning Officer. The Zoning Officer may deny a zoning/building
permit if he or she determines that any provisions of this section
have been violated. Failure to renew a permit shall give rise to a
rebuttable presumption that the structure owner and landowner intend
to abandon the use of the wireless support structure. In the event
of a denial of a permit or failure to renew a permit, the wireless
support structure shall be removed within six months of the expiration
of the last zoning/building permit issued for the tower.
Q.
By making application for a wireless support structure zoning/building
permit, a landowner grants to the Borough and to its officials, employees,
agents and contractors, for the duration of the term of the permit
and a reasonable time thereafter, full authority and permission to
enter the premises to remove an abandoned wireless support structure
or to remedy an emergency condition directly or indirectly caused
by, or relating to, such structure and to place a lien upon the property
for the costs of the removal of the structure or remedial action taken.
[Added 11-3-2015 by Ord.
No. 2015-810]
Multifamily dwellings shall meet all the following objective
requirements:
A.
Dimensional requirements. The lot and yard requirements shall meet
the provisions of the MU Mixed Use Zoning District as provided in
Attachment 1 (Table of Dimensional Requirements).[1] Exception: the maximum height shall not exceed 45 feet.
[1]
Editor's Note: Said table is included as an attachment
to this chapter.
B.
Off-street parking.
(1)
Two parking spaces are required for every dwelling unit.
(2)
All off-street parking areas shall have a paved or concrete
surface, graded with positive drainage directed to a public storm
water management facility or water body.
(3)
Off-street parking shall be improved with a five foot planting
strip between the front line and the parking lot. The planting strip
shall include one native tree planted every 25 feet on center, shrubs
planted 15 feet on center, and the remainder in groundcover.
(4)
Off-street parking lot shall be screened on any side which adjoins
a residential district or use. Such screening shall include a mix
of native evergreens and deciduous trees, plants, and groundcover.
(5)
Any lighting shall be sufficient to illuminate the parking area
and to provide for safety and security, but shall not cause direct
or reflected glare to adjoining residential districts or residential
areas.
(6)
No parking lot shall be larger than 15,000 square feet.
(7)
Any parking lot larger than 10,000 square feet needs internal
landscaping covering at least 4% of the lot consisting of deciduous
trees native to the region and/or shrubbery.
C.
Maximum permitted occupancy. One bedroom units shall permit no more
than two residents. Two bedroom units shall permit no more than four
residents.
D.
Minimum size of living spaces. A one-bedroom dwelling unit shall
have no less than 600 square feet of livable space. Two-bedroom dwelling
units shall have no less than 800 square feet of livable space.
E.
Building frontage. All buildings shall front toward the front of
the property if possible. On a lot with multiple buildings, those
located on the interior of the site shall front forward and relate
to one another, both functionally and visually. A lot with multiple
buildings may be organized around features such as courtyards, greens
or quadrangles which encourage pedestrian activity and incidental
social interaction among users. Buildings shall be located to allow
for adequate fire and emergency access.
F.
Maximum permitted units per lot. No more than 20 units are permitted
per one-acre lot.
H.
Accessibility. Entrances and sidewalks must be ADA compliant.
I.
Solid waste. All individual refuse containers must be hidden from
site until date of pickup. If large roll-off containers or dumpsters
are used for an entire multifamily dwelling, they must be hidden behind
a screened in area with gate closure.
J.
Recreational facilities. Multifamily dwellings consisting of more
than 10 dwellings on one lot must provide an area for social or recreational
gathering (e.g., gazebo, park, courtyard, or pavilion).
[Added 11-3-2015 by Ord.
No. 2015-810]
Senior housing development shall meet the following objective
requirements.
A.
Dimensional requirements. The lot and yard requirements shall meet
the provisions of the MU Mixed Use District as provided in Attachment
1 (Table of Dimensional Requirements).[1] Exception: the maximum height shall not exceed 45 feet.
[1]
Editor's Note: Said table is included as an attachment
to this chapter.
B.
Off-street parking.
(1)
One parking space per dwelling unit.
(2)
One parking space per on-shift employee/staff.
(3)
One parking space per five units.
(4)
All off-street parking areas shall have a paved or concrete
surface, graded with positive drainage directed to a public storm
water management facility or water body.
(5)
All off-street parking lots shall be improved with a five-foot
planting strip between the front line and the parking lot. The planting
strip shall include one native tree planted every 25 feet on center;
shrubs shall be planted 15 feet on center, and the remainder in groundcover.
(6)
Off-street parking shall be screened on any side which adjoins
a residential district or use. Such screening shall include a mix
of native evergreens and deciduous trees, plants and groundcover.
(7)
Any lighting shall be sufficient to illuminate the parking area
and to provide for safety and security, but shall not cause direct
or reflected glare to adjoining residential districts or residential
area.
(8)
No parking area shall be larger than 15,000 square feet.
(9)
Any parking lot larger than 10,000 square feet needs internal
landscaping covering at least 4% of the lot consisting deciduous trees
native to the region and/or shrubbery.
C.
Americans with Disability Act compliance. All development and/or
structures shall comply with the current applicable Americans with
Disability Act requirements and all other applicable federal, state
and local laws.
D.
Maximum permitted occupancy. One-bedroom units shall permit no more
than two residents. Two-bedroom units shall permit no more than four
residents.
E.
Building frontage. All buildings shall front toward the front of
the property if possible. On a lot with multiple buildings, those
located on the interior of the site shall front forward and relate
to one another, both functionally and visually. A lot with multiple
buildings may be organized around features such as courtyards, greens
or quadrangles which encourage pedestrian activity and incidental
social interaction among users. Buildings shall be located to allow
for adequate fire and emergency access.
H.
Accessibility. All entrances and sidewalks must be ADA compliant.
I.
Solid waste. All individual refuse containers must be hidden from
site until the date of pickup. If large roll-off containers or dumpsters
are used for an entire senior development, they must be hidden behind
a screened in area with a locking gate.
J.
Recreational facilities. Senior developments must provide an area
for social or recreational gathering (e.g., gazebo, park, courtyard
or pavilion).
