City of Washington, PA Conditional Uses, Special Exceptions, and Additional Requirements for Specific Uses

An application for a conditional use or special exception shall be filed with the Zoning Officer on forms provided by the municipality. An application shall not be considered to be administratively complete until all items required by this chapter, including the application fee and/or deposit, have been received by the municipality.

The application shall indicate the section of this chapter under which conditional use or special exception approval is sought and shall state the grounds upon which it is requested. It shall also be accompanied by a preliminary land development plan, if required by the Subdivision and Land Development Ordinance,[1] or if not, a current property survey indicating all existing and proposed construction, additions or alterations on the site in sufficient detail to determine the feasibility of the proposed development and compliance with all applicable requirements of this chapter.

Editor's Note: See Ch. 315, Subdivision and Land Development.

The Zoning Officer shall review the application to determine whether all materials required by this chapter have been submitted by the applicant. If all such materials have not been submitted by the applicant, then the Zoning Officer shall reject the application as administratively incomplete and shall notify the applicant, in writing, citing the specific deficiencies and the specific requirements of this chapter that have not been met.

If a land development approval is required for the conditional use, the application for conditional use approval and the application for approval of a land development required by the Subdivision and Land Development Ordinance[2] may be processed concurrently or separately at the discretion of the applicant, provided that all application requirements of both ordinances for a conditional use and the land development plan are met.

Editor's Note: See Ch. 315, Subdivision and Land Development.

Planning Commission review.

Conditional uses.

Within five days of receipt of an administratively complete application, the Zoning Officer shall submit copies of the application and any materials submitted therewith to the Municipal Solicitor, the Municipal Engineer, and each member of the Planning Commission.

The Planning Commission shall review the application and forward its written recommendation to Council within 30 days unless the petitioner agrees, in writing, to a time extension.

Special exceptions. The Zoning Hearing Board may request the review and comments of the Planning Commission on any special exception application, which shall be made part of the public record.

Hearings.

A hearing shall be held within 60 days of the filing of an application for either a conditional use or special exception. Hearings for special exceptions shall be held in accordance with the MPC[3] and the requirements provided in Article XIII of this chapter.

Editor's Note: See 53 P.S. § 10101 et seq.

The municipality shall give public notice in a newspaper of general circulation describing the time and place of the hearing and the particular nature of the matter to be considered in conformance with the MPC.

The municipality shall give written notice to the applicant and persons who have made a timely request for notice of such hearing.

The Zoning Officer shall conspicuously post notice of said hearing on the affected tract of land no less than seven days prior to the date of the hearing.

Approval and conditions.

A conditional use or special exception shall only be granted if Council or the Board finds adequate evidence presented by the applicant that the proposed use is duly authorized under the provisions of this chapter, that the application falls within the terms of the specific provisions allowing for such use and that the proposed use complies with all other requirements of this chapter.

An application shall be refused where opponents to the application establish by a preponderance of evidence that the application is contrary to the health, safety and general welfare of the community at large.

In granting a conditional use or special exception, Council or the Board may attach reasonable conditions and safeguards in addition to those expressed in this chapter, as deemed necessary to implement the purposes of the MPC[4] and this chapter. A violation of such conditions and safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a violation of this chapter.

Editor's Note: See 53 P.S. § 10101 et seq.

Among other things, the applicant shall be required to prove that the proposed conditional use or special exception meets the following requirements:

The proposed use meets any specific requirements provided in § 350-57 of this chapter for that specific use.

The proposed use is suitable in that it will not substantially change the character of any surrounding residential neighborhood, after considering any proposed conditions upon approval such as limits upon hours of operation.

The proposed use is suitable in terms of effects on street, traffic and safety with adequate sidewalks and vehicular access arrangements to protect streets from undue congestion and hazard.

The proposed use shall not create a significant hazard to the public health and safety, such as fire, toxic or explosive hazards.

The proposed use is suitable for the site, considering the disturbance of steep slopes, mature woodland, wetlands, floodplains, springs and other important natural features.

(5)

In any application for conditional use or special exception, the applicant shall have the persuasion burden and presentation duty to show compliance with this chapter, and the applicant shall have the persuasion burden to show the applicant's request is not detrimental to the health, safety, and welfare of the neighborhood.

(6)

All provisions of Subdivision and Land Development Ordinance[5] which are not specifically modified in approving a conditional use or special exception shall apply to any conditional use involving subdivision and land development.

Editor's Note: See Ch. 315, Subdivision and Land Development.

Decisions. Council or the Board shall render a written decision or, when no decision is called for, make written findings on the application within 45 days after the last hearing. Where the application is contested or denied, each decision shall be accompanied by findings of fact or conclusions based thereon, together with any reasons therefor.

Expiration of approval. Conditional use or special exception approval shall expire automatically without written notice to the applicant if no application for a grading permit, building permit or an occupancy permit to undertake the construction or authorize the occupancy described in the application for conditional use or special exception approval is submitted within 12 months of said approval, unless Council or the Board, in its sole discretion, extends the conditional use or special exception approval upon written request of the applicant received prior to its expiration. The maximum extension permitted shall be one twelve-month extension.

§ 350-57 Additional requirements for specific uses.

The following uses shall meet the following additional requirements, in addition to all other applicable requirements. Where this article and another provision of this chapter apply to the exact same matter, the provision that is most restrictive upon development or use shall apply.

Adult-oriented establishments and massage parlors.

Purposes. To serve the intent and respond to the findings provided in Title 68, Part II, Subpart E, Chapter 55 of the Pennsylvania Consolidated Statutes,[1] as amended, which are hereby included by reference. To serve the overall objectives of this chapter, and the following purposes:

To recognize the adverse secondary impacts of adult-oriented establishments that affect health, safety and general welfare concerns of the City. These secondary impacts have been documented in research conducted across the nation. These secondary impacts typically include, but are not limited to:

[a]

Increases in criminal activity, increases in activities that increase the risk of transmission of sexually transmitted diseases or other communicable diseases, increases in blight, decreases in the stability of residential neighborhoods, and decreases in property values for surrounding homes, and decreases in the marketability of nearby commercial business space. The research conducted across the nation concludes that adult-oriented establishments typically involve insufficient self-regulation to control these secondary effects.

[b]

To limit adult-oriented establishments to locations where these secondary impacts can be minimized, particularly as they affect residential neighborhoods and commercial revitalization.

[c]

To not attempt to suppress any activities protected by the free speech protections of the State and United States Constitutions, but instead to control secondary effects.

All adult-oriented establishments shall be a standalone use situated on a lot having a minimum area of one acre.

No adult-oriented establishment shall be located within 500 feet of any residential zoning district, as measured from the property line to the residential zoning district line.

No adult-oriented establishment shall be located within 1,000 feet of any religious uses, educational uses, day-care facilities and recreational uses, as measured from the property line to the property line of such use.

No adult-oriented establishment shall be located within 1,000 feet of any an existing adult-oriented establishment whether such use is situated in Washington, East Washington or otherwise, as measured from the property line.

A fifty-foot buffer yard shall be provided along the side and rear lot lines. If such buffer area does not include substantial mature trees that will be preserved, it shall include continuous screening by evergreen trees with an initial height of five feet.

An adult-oriented establishment may be open for business Monday through Saturday from 7:00 a.m. to 1:00 a.m. prevailing time only. No adult-oriented establishment shall be open at any time on Sunday or on a legal holiday as set forth in the Act of May 31, 1893, P.L. 188, Section 1, as amended, 44 P.S. § 11.

No materials or merchandise of any kind offered for sale, rent, lease, or loan or for view upon the premises of an adult-oriented establishment shall be exhibited or displayed outside of a building or structure.

The exterior of the building may include one wall sign or parallel sign identifying the name of the adult business or entertainment use, which shall not exceed 20 square feet in size.

[10]

Freestanding signs, banners, directional signs, illuminated signs, portable signs, roof signs, seasonal signs and billboards shall be prohibited on the property.

[11]

Window signs shall be limited to 25% of the total window area and shall not include any graphic or pictorial depiction of material related to specific sexual activities or anatomical areas.

[12]

Advertisements, displays or other promotional materials related to specific sexual activities or anatomical area shall not be shown or exhibited so as to be visible to the public from the exterior of the building.

[13]

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

[14]

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

[15]

No adult-oriented establishment or massage parlor shall be used for any purpose that violates any federal, state or municipal law.

[16]

No use may include live actual or simulated sex acts nor any physical or sexual contact between employees and entertainers or between employees or entertainers and customers. At an adult-oriented establishment involving live entertainment, employees or entertainers shall maintain a minimum distance of three feet from customers. This shall include, but not be limited to, a prohibition on lap dancing.

[17]

Any application for an adult-oriented establishment use shall state the names and business addresses of all individuals intended to have more than a 5% ownership in such use or in a corporation owning such use and an on-site manager responsible to ensure compliance with this chapter on a daily basis. A telephone number shall be provided where the on-site manager can be reached during City business hours. Such information shall be updated at the beginning of each year in writing to the Zoning Officer.

Editor's Note: See 68 Pa.C.S.A. § 5502.

After hours club. This use is effectively prohibited by State Act 219 of 1990, as amended (Section 7327 of Title 18 of the Pennsylvania Statutes).[2] In the event that the use would be determined to be allowed, a two-hundred-foot setback shall apply from the building and any parking areas from any residential zoning district. The applicant shall prove that adequate on-site security will be in place. See also the BYOB regulations.[3]

Editor's Note: See 18 Pa.C.S.A. § 7327.

Editor's Note: See § 350-57A(9).

Animal day care, kennel, and/or shelter.

All structures in which animals are housed (other than buildings that are completely soundproofed and air conditioned) and all runs outside of buildings shall be located at least 100 feet from all residential lot lines.

Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot routinely be heard within adjacent residential dwellings.

Outdoor play areas shall be a minimum of 100 feet from any residential lot line. No animal shall be permitted to use outdoor runs from 9:00 p.m. to 8:00 a.m. that are within 100 feet of an existing dwelling.

A kennel may be used for breeding.

Outdoor screening shall be provided between any outdoor animal runs and/or play areas and residential lot lines.

The use shall be maintained in a sanitary manner to avoid noxious odors to adjacent properties.

Assisted living facilities and nursing homes.

No building shall be erected nearer than 30 feet from any side or rear lot line within a residential district.

The maximum permitted density shall not exceed 25 beds per acre.

The facility shall have obtained any and all licenses and permits required by the federal, state, or local government which may be relevant to the facility.

A minimum of 20% of the site shall be suitable and developed for outdoor passive recreation uses. The passive recreation areas may include, but shall not be limited to sitting areas and pedestrian walks.

The location, design, and operating characteristics of the use shall be compatible with and not adversely affect adjacent properties and the surrounding area. The proposed development shall be harmonious with surrounding buildings with respect to scale, architectural design and building placement.

(5)

Auto, boat or mobile/manufactured home sales.

No vehicle, boat or home on display shall occupy any part of the street right-of-way or required customer parking area.

Any mobile/manufactured homes on a sales site shall meet the required principal building setbacks.

(6)

Auto repair garage or auto body shop.

All paint work shall be performed within a building, with a fume collection and ventilation system that directs fumes away from any adjacent dwellings. Outdoor major repairs (such as body work and grinding) and outdoor welding shall not occur within 200 feet of a lot line of a principal dwelling.

Outdoor storage of motor vehicles shall not be within any required buffer yard or street right-of-way.

Any junk vehicle shall not be stored for more than 30 days within view of a public street or a dwelling, unless it is actively under repair.

Service bay doors shall not face directly towards an abutting dwelling (not including a dwelling separated from the garage by a street) if another reasonable alternative exits.

A new use shall have sufficient off-street parking for customer vehicles.

(7)

Bed-and-breakfast inn.

The only meal to be served is breakfast and to lodgers of the bed-and-breakfast exclusively.

No exterior structural alteration of the building shall be made except as may be necessary for purposes of sanitation, handicapped accessibility, historic rehabilitation or safety.

The bed-and-breakfast must meet all City requirements for health, fire, and building safety.

The maximum uninterrupted length of stay shall be 14 days.

(8)

Boarding house (includes rooming house).

Minimum lot area: 5,000 square feet.

Minimum side yard building setback: 10 feet each side.

Occupancy limits: two persons per sleeping room.

One additional off-street parking space shall be required for every room rented.

Rooms shall be rented for a minimum period of five consecutive days.

(9)

BYOB club.

A BYOB club that is open after 2:00 a.m. is also effectively prohibited by State Act 219 of 1990, as amended (Section 7327 of Title 18 of the Pennsylvania Statutes).[4]

Editor's Note: See 18 Pa.C.S.A. § 7327.

A BYOB club shall only be allowed in a zoning district where such use is specifically listed in this Zoning Ordinance as being allowed.

(10)

Car wash.

Traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets. On-lot traffic circulation channels and parking areas shall be clearly marked.

Adequate provisions shall be made for the proper and convenient disposal of refuse. The applicant shall provide evidence that adequate measures will be in place to prevent pollutants from being washed into the groundwater or waterways. Any chemicals or polluted runoff that may be hazardous to aquatic life shall be stored within an area that will completely contain any leaks, spills or polluted runoff.

Water from the car wash operation shall not flow onto sidewalks or streets in such a manner as could cause ice hazards.

(11)

Cemetery.

Minimum lot area: five acres. Any building or area used for storage of equipment shall be set back a minimum of 50 feet from any lot in a residential district.

A plan shall be submitted which, in general, shall conform to all the requirements of a subdivision plan, except that individual lots need not be shown. No plan shall be acceptable which does not provide for the continuation of existing streets or of streets already projected or shown on a part of a Comprehensive Plan for all or a portion of the City, unless a study by the City Planning Commission shows that certain streets may be modified or eliminated. Land for required streets shall be dedicated by such plan.

No grave sites shall be placed within 20 feet of any lot line or within 20 feet of a street right-of-way or an interior driveway through the cemetery.

The applicant shall submit draft legal provisions for review by the City Solicitor to show that an acceptable system will be in place to assure the long-term maintenance of the cemetery.

(12)

Check cashing business. The building area occupied by a check cashing business shall not be located within 1,000 feet from the closest building area occupied by another check cashing business.

(13)

Commercial communications tower or antennae.

Purposes. The purpose of these regulations is to minimize the number of new commercial communication towers through encouraging colocation of commercial communication antennas, to ensure that new towers will be safe and be placed in suitable locations, and to help ensure that municipal land use regulations are in compliance with the Telecommunications Act of 1996.[5]

Editor's Note: See 47 U.S.C. § 609 et seq.

COMMERCIAL COMMUNICATIONS ANTENNA

Definitions. As used in this section, the following terms shall have the meanings indicated:

CELLULAR TELEPHONE

A system providing portable telephone service to specific subscribers. A cellular telephone may also be referred to as a wireless telephone.

Any device used for the transmission or reception of radio, television, wireless telephone, pacer, commercial mobile radio service or any other wireless communications signals, including without limitation omnidirectional or whip antennas, and directional or panel antennas owned or operated by any person or entity licensed by the Federal Communications Commission (FCC) to operate such device. This definition shall not include private residence mounted satellite dishes or television antennas or amateur radio equipment, including without limitation ham or citizen band radio antennas.

COMMERCIAL COMMUNICATIONS TOWER

A structure other than a building, such as a monopole, self-supporting or guyed tower, designed and used to support commercial communication antennas.

FALL ZONE

The area on the ground within a prescribed radius from the base of a commercial communications tower. The fall zone is the area within which there is a potential hazard from falling debris or the collapsing of the commercial communications tower. The fall zone shall be determined by the applicant's engineer and subject to the review and approval of the City Engineer.

HEIGHT OF TOWER

The overall height of the tower from the base of the tower to the highest point of the tower, including, but not limited to, antennas, transmitters, satellite dishes or any other structures affixed to or otherwise placed on the tower. If the base of the tower is not on ground level, the height of the tower shall include the base of the building or structure to which the tower is attached.

PUBLIC UTILITY TRANSMISSION TOWER

A structure, owned and operated by a public utility electric company regulated by the Pennsylvania Public Utility Commission, designed and used to support overhead electricity transmission lines.

District requirements.

Commercial communication towers shall not be permitted in any residential zoning district.

Commercial communication towers shall not be permitted within 100 feet of any residential zoning district.

After review and approval of a site plan by the City Planning Commission, commercial communication towers may be permitted in any commercial, institutional or industrial district.

After approval by the Chief Building Inspector, commercial communication antennas shall be permitted by right in any zoning district if placed on an existing commercial communications tower, public utility transmission tower or any other structure at least 60 feet high.

Commercial communication antennas that are located within an existing structure shall be excluded from the heights requirements of Subsection A(13)(c)[4] above.

Special requirements.

Site plan. A site plan for any proposed commercial communications tower shall be prepared by the applicant and submitted to the City Planning Commission for review in accordance with all applicable zoning and subdivision and development ordinance regulations.

Setback. A commercial communications tower shall be set back from all property lines the most restrictive of the following: a minimum distance equal to 1/2 its height or a distance equal to the commercial communications tower fall zone.

Fence. The base of a commercial communications tower shall be surrounded by a secure fence with a minimum height of eight feet.

Landscaping. Evergreen plantings shall be required to screen the fence surrounding the tower and any other ground level features such as a building or parking area. The evergreen screen shall be a minimum of six feet high at planting with an expectation to grow to a minimum of 15 feet high at maturity. At the discretion of City Council, the landscaping requirement may be altered or waived in the Development District.

Parking. A minimum of two off-street parking spaces shall be provided for a commercial communications tower.

Wind resistance. For any commercial communications tower or antenna higher than 50 feet, the applicant shall provide, at the time of applying for a building permit, certification from a registered professional engineer as to the overall structural integrity of the tower and that the tower or antenna meets the wind resistance requirements stated in the latest version of the Uniform Construction Codes.

Federal Communications Commission (FCC).

[a]

The commercial communications company shall provide documentation that it is licensed by the FCC.

[b]

Whenever applicable, the applicant shall provide documentation that the FCC has approved the proposed commercial communications tower or antenna.

[c]

Whenever applicable, the applicant shall provide documentation that the proposed commercial communications tower or antenna complies with all applicable standards established by the FCC governing human exposure to electromagnetic radiation.

Documentation of need. The commercial communications company shall demonstrate, using technological evidence, that in order to satisfy its functional requirements, the tower and/or antenna must go where it is proposed. Also, if a tower is proposed, that there are no existing structures within 1/4 mile of the site on which to place the antenna.

Removal of commercial communication towers and antennas. If a commercial communications tower and/or antenna remains unused for a period of 12 consecutive months, the owner or operator shall dismantle and remove the tower and/or antenna within six months of notice to do so by the City. In addition, all portions of the base that are at or above the existing grade shall be demolished and removed from the site. Prior to the issuance of a building permit by the City, the applicant shall post security in a form acceptable to the City Solicitor favoring the City in an amount to cover the costs of tower and/or antenna removal and site cleanup. The security shall be utilized by the City in the event that the owner or operator of the facility fails to remove the tower and/or antenna within six months of notification by the City.

(14)

Commercial fuel depot.

Minimum lot size: 20,000 square feet.

Shall not be located within 300 feet of a residential lot line.

Shall meet all state and federal regulations regarding fuel storage and other similar laws.

(15)

Commercial recreation.

Off-street parking shall be required in the Central Business District as follows:

One off-street parking space for every possible four seats in spectator areas based on maximum capacity.

(16)

Community center. A ten-foot minimum width buffer yard shall be provided along the side and rear lot lines adjacent to any lot in a residential district. This provision shall not apply to a community center that serves a single residential development.

(17)

Conversion apartment.

One dwelling unit shall have a minimum of 700 square feet of habitable floor area and all additional dwelling units shall have minimum habitable floor areas according to the following standards:

Type of Unit	Square Feet
One-bedroom	500
Two-bedroom	700
Three-bedroom	900

Each dwelling unit, after conversion, shall contain within the unit complete kitchen, toilet and bathing facilities.

This use shall not be permitted unless the property owner provides the entire building for inspection by City Codes Enforcement officials to inspect the entire building for compliance with City codes, prior to issuance of a zoning permit.

The yard, building area, and other applicable requirements for the district shall not be reduced. The same minimum lot area per dwelling unit shall be met as if the building would be newly constructed with the proposed number of dwelling units.

No exterior structural alteration of the building shall be made, except as may be necessary for purposes of sanitation, safety or historic rehabilitation.

Such conversion shall be authorized only for a large preexisting detached or semidetached building. If the building is currently a one-family dwelling, it shall not be converted to two or more dwelling units unless the building included more than 3,000 square feet of habitable floor area prior to the enactment of this chapter.

Plans showing the proposed rearrangement of the interior of the building and provisions for off-street parking space, including the proposed entrance and exit to such parking spaces, shall be provided.

All parking requirements shall be met for the total number of dwelling units.

(18)

Crematorium.

A crematorium as a principal use shall be set back a minimum of 200 feet from all lot lines of existing dwellings, schools, day-care centers, and all undeveloped residentially zoned lots.

All emissions must meet the requirements of the Pennsylvania Department of Environmental Protection as part of their permitting requirements.

Hours of operation shall be limited to 7:00 a.m. to 7:00 p.m. Monday through Friday.

The cremation unit shall be totally enclosed within a building. At a minimum, the stack height shall be at least 1.5 times the height of nearby structures.

The crematory operator/owner shall provide the City with the necessary certifications to operate the crematorium and prior to issuing a building permit, a copy of the required PADEP general permit shall be provided. The crematorium shall be operated in conformance with all local, state and federal laws.

Bodies shall be cremated in wooden/crate containers only and with plastic that does not create toxic emission (no halogenated plastics).

When cremations are taking place, an operator certified to operate the crematorium shall be on site.

(19)

Day-care center (adult).

Shall be fully licensed by the state, if required by the state.

Shall include constant supervision during all hours of operation.

Shall not meet the definition of a "treatment facility."

(20)

Day-care center (child).

All child day-care facilities shall comply with all current Pennsylvania Department of Public Welfare (DPW) regulations including those standards governing adequate indoor space, accessible outdoor play space and any applicable state or local building and fire safety codes. Day-care centers must hold an approved and currently valid certificate of compliance from the DPW.

No portion of a child day-care facility shall be located within a three-hundred-foot distance from any potentially hazardous land use or activity which could pose a threat to the safety and welfare of the children, staff and other occupants at the facility. Hazardous land uses or activities include, but shall not be limited to, gasoline service stations, heavy industrial operations, storage of flammable or high pressure underground pipelines, truck or rail loading yards, etc.

The outdoor play space shall be completely enclosed by a safe and adequate fence or wall a minimum of four feet in height with a self-latching gate. Any outdoor play area potentially susceptible to encountering vehicles leaving the roadway, travel lanes, or accessways shall be protected by a barrier capable of preventing the vehicle from entering the play area. No portion of the outside play areas shall be less than 25 feet from a neighboring property line without the owner's written consent. Outdoor play shall be limited to the hours between dawn and dusk, prevailing local time.

Day-care centers shall not be conducted on residential premises. A day-care center, if sited on the premises of an operating community service facility or religious institution shall be considered accessory to the principal use of the property concerned.

Activities shall be limited to functions normally associated with part-time tending of children and shall not include overnight or drop-in care.

A minimum of one on-site parking space shall be provided for each 300 square feet of floor area dedicated to child care.

Adequate provision must be made on the site for handicapped parking, handrail, and wheelchair ramps in accordance with the Pennsylvania Department of Labor and Industry Standards for Barrier Free Design (Act 235).

The site shall have direct access to an arterial or collector road as defined by the Zoning Ordinance.

(i)

A minimum of one safe drop-off space shall be provided for each 20 children that the facility is licensed to accommodate.

(j)

Whenever possible, the drop-off area shall be located immediately adjacent to the facility. The drop-off area should be designed in such a way that pedestrians do not cross vehicular traffic lanes in any parking area or driveway. The drop-off area may be designed either as a part of the on-site parking area or the required drop-off spaces may be designed as a part of driveway providing direct access to the day care facility. When the drop-off area is incorporated into the on-site parking area, the parking spaces nearest to the facility shall be designated as drop-off spaces. When the drop-off area is incorporated into a driveway, the drop-off spaces shall be located within a vehicle turnout area 12 feet in width exclusive of the driveway through traffic lane(s).

(k)

The minimum lot area shall be 4,500 square feet.

(l)

The City of Washington reserves the right to impose additional conditions regarding parking, pedestrian travel, ingress, egress and/or all types of access to a facility should the applicant request that a facility be established within proximity of a domiciliary care home, group residential facility, halfway house, personal care home or adult or child day-care center.

(m)

Landscaping on the side yards continuous with off-street parking shall consist of a masonry or solid fence, between four and six feet in height, maintained in good condition and free of all advertising or other signs or in lieu of such wall or fence, shall consist of a strip of land not less than 15 feet in width, planted with an evergreen hedge, or dense plantings of evergreen shrubs not less than four feet in height.

(n)

Where applicable, certification or licensing by the sponsoring agency shall be a prerequisite to obtaining a certificate of occupancy; a copy of an annual report, with evidence of continuing certification, shall be submitted to the Zoning Officer no later than January 31 of each year.

(21)

Dormitories (includes theme housing).

Shall be limited to full-time students, faculty or staff of an accredited college, university, nursing school, medical training program or teaching hospital.

Maximum building height shall be four stories.

The building shall be set back a minimum of 80 feet from an existing single-family detached dwelling or a duplex that is not owned by the institution providing such dormitory.

One off-street parking space per residential occupant shall be required plus an additional five off-street spaces per visitors. All parking must be on lot.

(22)

Drive-through facilities.

Drive-through facilities shall be an authorized accessory use in zoning districts where permitted.

The proposed traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets.

On-lot traffic circulation and parking areas shall be clearly marked.

A drive-through use shall be designed with space for an adequate number of waiting vehicles while avoiding conflicts with traffic onto, around and off of the site. Any drive-through facilities shall be designed to minimize conflicts with pedestrian traffic.

A drive-through window shall not be placed on a wall of building that faces onto a public street. To the maximum extent feasible, drive-through windows shall be placed to the rear of the building, with a location to the side of the building being used if the rear is not feasible.

Any ordering area for a drive-through facility for a restaurant shall be set back a minimum of 100 feet from any existing principal dwelling, unless a stricter requirement is established by another provision of this chapter. The applicant for a drive-through facility shall control the volume of any loudspeaker and/or use setbacks or acoustic barriers so that the loudspeaker cannot be heard from a dwelling. Sound attenuation walls, landscaping or other mitigation measures may be required as necessary.

To the maximum extent feasible, vehicle access for drive-through facilities shall enter or exit using an alley or a low-traffic street.

(23)

Dwelling, single-family attached (also known as "townhouses").

Maximum number of townhouses in any attached grouping shall be eight.

All off-street parking spaces, except spaces on driveways immediately in front of a carport or garage entrance, shall be set back a minimum of 10 feet from any dwelling.

It is strongly recommended that all townhouses be designed so that garages and/or carports are not a prominent part of the view from public streets. For this reason, parking courts, common garage or carport structures or garages at the rear of dwellings are strongly encouraged rather than individual garages opening onto the front of the building, especially for narrow townhouse units.

Vehicle parking spaces and any garages or carports shall be located to the rear of new townhouses to the maximum extent feasible, preferably accessed by a rear alley. Where a shared parking area is proposed, and a location to the rear of the townhouses is not feasible, then a location to the side of a set of townhouses shall be considered.

Any mailboxes provided within the street right-of-way should be clustered together in an orderly and attractive arrangement or structure. Individual freestanding mailboxes of noncoordinated types at the curbside are discouraged.

Vehicular access points onto all arterial and collector streets shall be minimized to the lowest reasonable number. No townhouse dwelling within a tract of five or more dwelling units shall have its own driveway entering onto an arterial or collector street.

(24)

Dwelling, multifamily — garden apartments and high-rise apartments.

Location of buildings. The distance between multifamily dwellings on the same lot shall be not less than 25 feet. All buildings shall be so located in relation one to another that the angle of horizontal from the sill of the lowest window in the habitable area in one building to the highest point of another building, excluding towers, chimneys and similar fixtures, does not exceed 45°. Where possible, the layout of dwellings shall be such that the front of one structure does not face the rear of another.

The proposed development shall be served by a public sanitary sewer system.

No building shall exceed 180 feet in length, measured at ground level or any floor level, whether on one frontage, or on the combined frontages of the main frontage and that of any wings of the same building.

Parking.

All parking spaces and access drives shall be at least 15 feet from any multifamily dwelling on the lot. This shall not apply to an interior garage and/or a driveway intended to be used as a parking space for one particular dwelling unit.

No one area for off-street parking of motor vehicles shall exceed 40 cars in capacity. Separate parking areas on a parcel shall be physically separated from one another by a six-foot-wide planting strip.

In multifamily dwellings of 2.5 stories or less in height, maximum building size shall be restricted to not more than 16 dwelling units in one continuous structure and no portion of the building below the first story or above the second story shall be used for dwelling purposes.

In multifamily dwellings of over 2.5 stories in height, the following additional minimum requirements shall be met:

Front yard. No building shall be closer to any street line than twice the depth of the required front yard for the respective residential district in which such buildings is located, and such front yard shall be increased by not less than one foot for each one foot in height of the building over 35 feet.

Side and rear yards. In all districts, for each one foot in height of the building over 35 feet, side and rear yards shall be increased by not less than 1/2 foot.

The distance at the closest point in all districts between any two buildings of a group of elevator-type multiple dwellings, shall not be less than 35 feet and for each two feet such height is increased beyond a height of 35 feet, the distance between such buildings shall be increased by not less than one foot.

Garden apartments above the first floor may be provided with balconies with a maximum extension of eight feet from the principal dwelling unit wall; however, no such extensions shall extend into any required yards.

A garden apartment or multifamily dwelling shall not exceed two dwelling units in depth unless the additional dwelling units abut a court conforming to the following requirements:

No courts shall be between two opposite facing walls thereof less than 60 feet when the other dimension is 10 feet or more.

No court abutting an interior lot side yard shall be less than 10 feet in width.

No wing of a multifamily dwelling shall project into a required yard.

The transverse dimension of a projecting wing shall not be greater than the overall dimension of two dwelling units.

No front entrance shall open on a court that abuts a yard or on a yard except either the yard or both together total not less than 25 feet.

An enclosed court shall be not less than 60 feet in any dimension.

(25)

Funeral home.

Signs shall be limited to one identification sign for each street frontage, provided that the area on either side of such sign shall not exceed six square feet in a residential district.

A parking lot shall not be located between the principal building and the front of the lot.

Any crematorium as an accessory use shall also meet the regulations for such use in this section.

(26)

Gas station.

Any junk vehicle shall not be stored more than 30 days within view of a public street or a dwelling, unless it is actively under repair.

The use may include a convenience store if the requirements for such use are also met.

A canopy shall be permitted over the gasoline pumps with a minimum front yard setback of 20 feet from each street or alley right-of-way line. Such canopy may be attached to the principal building. An allowed wall sign may be placed on a portion of the canopy that is behind the minimum front yard setback line.

Fuel dispensers shall be set back a minimum of 30 feet from the existing street right-of-way line and from any lot line of a lot occupied by a residential use.

The canopy over gasoline pumps shall have a maximum height from the ground to the top of the canopy of 20 feet, except for portions of the canopy that are sloped to direct light away from streets and dwellings.

Lights attached to the bottom of the canopy shall be recessed, angled or screened so that the luminaire itself is not visible from beyond the lot lines.

(27)

Group care facility, domiciliary (dom) care home, personal care boarding home, or temporary shelter.

The minimum area and bulk regulations for a group care facility, dom care home, personal care boarding home, or transitional dwelling shall be the same as those required for a principal use in the zoning district in which the facility is located.

A group care facility, dom care home, personal care boarding home, or temporary shelter shall have frontage on and direct vehicular access to an arterial or collector street as defined by this chapter.

The maximum number of residents housed in a personal care boarding home or temporary shelter shall be 10.

No group care facility, personal care boarding home, or temporary shelter shall be located within 500 feet of another existing or proposed group care facility, personal care boarding home, or temporary shelter.

Adequate provisions shall be made for access for emergency medical and firefighting vehicles.

Twenty-four-hour supervision shall be provided by staff qualified by the sponsoring agency.

Adequate open space opportunities for recreation shall be provided on the lot for the residents consistent with their needs and the area shall be secured by a fence with self-latching gate.

Where applicable, licensing or certification by the sponsoring agency shall be prerequisite to obtaining a certificate of occupancy and a copy of the annual report with evidence of continuing certification shall be submitted to the Zoning Officer in January of each year.

(28)

Gun shop.

No gun shop shall be located within 500 feet of any school or residence and no gun shop shall be within 1,500 feet of another such use, as measured from the property line.

Gun shops shall be required to secure storage and display areas, including a security system, security door or window grates, exterior lighting or site fencing, and limited site access during nonbusiness hours by means of fences, chains or means specified by the Board. All gun shops shall be in compliance with all federal and state laws.

(29)

Heliport.

The applicant shall prove that the heliport has been located and designed to minimize noise nuisances to other properties.

The Zoning Hearing Board may place conditions on the frequency of use, fueling facilities, setbacks and hours of operation to minimize nuisances and hazards to other properties. This provision shall not apply to any heliport used for medical and emergency transport.

(30)

Hospital.

Minimum lot area shall be two acres.

Buildings and parking structures shall be set back a minimum of 50 feet from any lot in a residential district that is occupied by a dwelling and is not owned by the hospital.

A hospital may also include the treatment for drug and alcohol addiction as a clearly accessory use, provided that the use is included completely within the main medical hospital building.

A hospital may also include inpatient and outpatient mental health facilities, provided that the use does not primarily include the housing or treatment of the criminally insane or persons committed to such institution as a result of having been charged with a violent felony. Any inpatient mental health facilities shall be located completely within the main medical hospital building.

A hospital may also include any of the following additional principal or accessory uses:

Medical research facilities and training/education facilities for health care professionals;

Short- and long-term medical care;

Management and administrative offices for health care organizations;

Hospice facilities;

Medical testing facilities;

Operating rooms and emergency facilities;

Medical and dental offices and clinics for treatment;

A nursing home or personal care center; and/or

Ambulatory surgery center.

(31)

Hotel or motel.

Minimum lot area: 6,000 square feet.

May include accessory uses such as commercial recreational facilities and a restaurant.

Tractor-trailer truck parking shall kept be a minimum of 50 feet from any lot of a principal dwelling.

(32)

Junkyard (includes automobile salvage yard).

Storage of garbage or biodegradable material is prohibited, other than what is customarily generated on site and routinely awaiting pick up.

Outdoor storage of junk shall be at least:

One hundred feet from the lot of any dwelling;

Forty feet from any other lot line and the right-of-way of any public street;

One hundred feet from the center line of any waterway; and

Five feet away from a drainage swale.

The site shall contain a minimum of two exterior points of access, each of which is not less than 20 feet in width. One of these accesses may be limited to emergency vehicles. Cleared driveways with a minimum width of 15 feet shall be provided throughout the entire use to allow access by emergency vehicles. Adequate off-street parking areas shall be provided for customers.

Outdoor storage shall be completely enclosed (except at approved driveway entrances) by a forty-foot-wide buffer yard, unless such storage is not visible from an exterior lot line or street. The initial height of the evergreen planting shall be six feet. Secure fencing with a minimum height of eight feet shall be provided and well-maintained around all outdoor storage areas. Such fencing shall be provided inside of the evergreen screening.

Burning or incineration is prohibited.

All gasoline, antifreeze and oil shall be drained from all vehicles and properly disposed of. All batteries shall be removed from vehicles and properly stored in a suitable area on an impervious and properly drained surface.

(33)

Live-work units.

The use shall meet the definition of a "live-work unit" in Article II.

A maximum of two persons who do not reside within the dwelling may be employed on the premises. If the use will include a nonresident employee, then an additional off-street parking space shall be provided in addition to the parking for the dwelling. If the use will involve customers regularly visiting the property, then another additional off-street parking space shall be provided.

A live-work unit may have a four-square-foot wall sign, which shall not be illuminated.

Only minimum storage of supplies shall be allowed. No outside storage of supplies shall be allowed on the property nor of any highly explosive or combustible material. There shall be no parking of equipment or storage trailers, construction or landscaping equipment, cement mixers or other similar equipment on the property. No activity shall be allowed which would interfere with radio or television transmission in the area; nor shall there be any offensive noise, vibration, rob, dust, odors, heat or glare noticeable at or beyond the property line.

Deliveries from commercial suppliers may not be made more than once each week, and the deliveries shall not restrict traffic circulation.

A live-work unit may involve occasional on-site retail sales of art that was primarily produced on the premises.

A live-work unit may include occasional exhibitions of the art provided that requirements of the Construction Codes are met regarding the numbers of persons who may be accommodated in the unit.

A ceramic kiln shall be electrically powered, as opposed to directly burning its own supply of fuel.

(34)

Massage parlors. See adult-oriented establishments and massage parlors in this section.[6]

Editor's Note: See § 350-57A(1).

(35)

Meal center.

The use shall front on a collector, minor arterial or principal arterial street as indicated on the City's classified street map.

No meal center shall be located within 1,000 feet of an emergency shelter, substance abuse treatment facility, community corrections facility, or meal center as measured from property lines.

The meal center use shall not be operated so as to dominate the immediate vicinity or to interfere with the development and use of neighboring property in accordance with the applicable district regulations. In determining whether the proposed use, will dominate the immediate neighborhood, consideration shall be given to:

The surrounding residential districts;

The location, nature and height of buildings, structures, walls and fences on site;

The nature and extent of landscaping and screening on the site;

The number of visitor trips anticipated each day to the site for services and meals for clients; and

The number of meals that will be served at the meal center.

At least one off-street parking space is required for every six seats at an authorized meal center. On-street parking adjacent to the lot containing the center may be included in the calculations.

There shall be no exterior storage of equipment or materials, or outdoor operations.

(36)

Mineral extraction.

A detailed land reclamation and reuse plan of the area to be excavated shall be submitted with the zoning application for any new or expanded mineral extraction use.

After areas are used for mineral extraction, those areas shall be reclaimed in phases to a nonhazardous and environmentally sound state permitting some productive or beneficial future use.

A fifty-foot-wide yard covered by natural vegetative ground cover (except at approved driveway crossings) shall be required along all exterior lot lines that are within 200 feet of an area of excavation. Zoning Hearing Board may require this yard to include an earth berm with a minimum average height of six feet and an average of one shade tree for each 40 feet of distance along the lot lines. Such shade trees shall be planted outside of any berm and any fence. New trees shall not be required where preserved trees will serve the same purpose.

The following minimum setbacks shall apply for the excavated area of a mineral extraction use from property that is not owned by the owner or operator of the mineral extraction use:

One hundred feet from the existing right-of-way of public streets and from all exterior lot lines of the property;

One hundred fifty feet from a nonresidential principal building, unless released by the owner thereof;

Three hundred feet from the lot line of a dwelling.

The excavated area of a mineral extraction use shall be setback 100 feet from the average waterline of a perennial stream or the edge of a natural wetland of more than two acres.

The Zoning Hearing Board may require secure fencing in locations where needed to protect public safety. Also, warning signs shall be placed around the outer edge of the use.

The Zoning Hearing Board may reasonably limit the hours of operation of the use and of related trucking and blasting operations to protect the character of adjacent residential areas.

(37)

Mobile home park.

The minimum tract area shall be 30,000 square feet, which shall be under single ownership.

The maximum average density of the tract shall be five dwelling units per acre. To calculate this density, land in common open space or proposed streets within the park may be included but land within the one-hundred-year floodplain, wetlands and slopes over 25% shall not be included.

Each mobile home park shall include a thirty-five-foot wide landscaped area, including substantial attractive evergreen and deciduous trees around the perimeter of the site, except where such landscaping would obstruct safe sight distances for traffic. The same area of land may count towards both the landscaped area and the building setback requirements.

A dwelling, including any attached accessory building, shall be set back a minimum of 25 feet from another dwelling within the mobile home park, except that unenclosed porches, awnings and decks may be 15 feet from the walls of another dwelling.

The minimum separation between homes and edge of interior street cartway or parking court cartway shall be 25 feet.

The minimum principal and accessory building setbacks from exterior/boundary lot lines and rights-of-way of preexisting public streets shall be 50 feet.

A detached accessory structure or garage shall be separated a minimum of 15 feet from any dwelling units to which the accessory structure is not accessory.

(38)

Mobile vending units (also known as "food trucks").

A transient merchant permit is required.[7]

Editor's Note: See Chapter 246, Peddling and Soliciting.

Mobile vending units shall be permitted one sign on the unit itself, but no other signage is permitted.

Mobile vending units on private property shall ensure that there is sufficient parking available for its uses and any other uses on the site.

Mobile vending units may utilize public parking areas; however, they may not locate within 200 feet of an existing restaurant or sidewalk cafe unless the restaurant owner gives consent.

(39)

Nursing home.

The minimum lot area required for a nursing home shall be one acre.

All nursing homes shall be licensed by the commonwealth and the license shall be maintained throughout the occupancy. Failure to maintain the license shall be grounds for revocation of the certificate of occupancy.

Ingress, egress, and internal traffic circulation shall be designed to ensure access by emergency vehicles.

The parking and circulation plan shall be referred to the City of Washington Police Department and volunteer fire company for comments regarding traffic safety and emergency access.

Nursing homes shall have a bed capacity of at least 20 beds but no more than 200 beds.

Side abutting residential dwellings or zoning districts shall be a minimum of 25 feet.

Rear yards abutting residential dwellings or zoning districts shall be a minimum of 50 feet.

Disposal of medical waste shall be in accordance with all applicable permits and handling requirements of the Pennsylvania Department of Environmental Protection (PADEP) and the United States Environmental Protection Agency.

(40)

Parking garage.

A parking study shall be required that proves to the satisfaction of City Council that a parking structure is necessary to provide adequate parking to support the businesses in the immediate neighborhood. The person who conducted the parking study shall be present at the conditional use hearing to testify that the study is accurate.

Pedestrian walkways shall be provided to connect the parking areas to the public right-of-way.

Adequate lighting shall be provided for all parking areas and pedestrian walkways.

(41)

Pawn shop.

The building area occupied by a pawn shop facility shall not be located within 1,000 feet from the closest building area occupied by another pawn shop.

The pawn shop shall fully comply with recordkeeping requirements of the State Pawnbrokers License Act,[8] as amended, and such records shall be available for review by the City Police upon request.

Editor's Note: See 63 P.S. § 281-1 et seq.

(42)

Religious institution.

Minimum lot area: 10,000 square feet in a residential district.

Permitted accessory uses may include:

Primary or secondary school.

Day-care center.

Gymnasium/recreational facility.

Kitchen.

Parsonage, parish house or rectory.

Other uses that are customarily accessory to religious uses and places of worship.

Accessory uses shall be on the same lot as the primary religious use/place of worship and shall meet the following requirements:

Accessory uses shall meet area and bulk requirements of the zoning district in which they are located.

Accessory uses shall be set back a minimum of 20 feet from a residential use or district.

Outdoor play spaces shall be completely enclosed by a safe and adequate fence or wall a minimum of four feet in height, unless a greater height is required by the governing body. Any outdoor play area potentially susceptible to encountering vehicles leaving the roadway, travel lanes, or accessways shall be protected by a barrier capable of preventing the vehicle from entering the play area. Outdoor play shall be limited to the hours between dawn and dusk, prevailing local time.

Off-street parking shall be in accordance with Article IV.

(43)

Retail store (greater than 7,000 square feet).

Blank walls shall not be permitted along any exterior wall facing a street, parking area, or walking area. Walls or portions of walls where windows have not been provided shall have architectural treatments that are similar to the front facade, including materials, colors, and details.

Upper story windows of front facades shall not be boarded or covered and shall comprise a minimum of 35% window area in the facade above the ground floor and a maximum of 75%.

Building types shall be compatible to the historic architecture of the area in their massing and external treatment.

Retail stores over 7,000 square feet shall be developed in accordance with the following requirements:

Buildings shall attempt to maintain the horizontal rhythm adjacent facades by using a similar alignment of windows, floor spacing, cornices, awnings as well as other elements. This rhythm shall be achieved by aligning the top, middle, and base floors.

The massing of any facade should generally not exceed 50 feet maximum; massing variations every 30 feet or less is preferred.

Buildings shall have a three- to five-foot break in depth for every 50 feet of continuous facade. Such breaks may be met through the use of bay windows, porches, porticos, building extensions, towers, recessed doorways, and other architectural treatments.

(44)

Schools (includes public/private, primary or secondary).

Minimum lot area: 20,000 square feet.

No outdoor play areas or facilities shall be within 15 feet of a residential lot line.

The use shall not include a dormitory unless specifically permitted in that district.

(45)

Self-storage development.

Outdoor storage shall be limited to recreational vehicles, boats and trailers. No junk vehicles shall be stored within view of a public street or a dwelling.

Trash, radioactive or highly toxic substances, garbage, refuse, explosives or flammable materials, hazardous substances, animal carcasses or skins, or similar items shall not be stored.

Interior traffic aisles shall be kept clear of obstructions to emergency vehicles.

Adequate lighting shall be provided for security, but it shall be directed away or shielded from any adjacent residential uses.

Any outdoor storage or garage doors within 200 feet of a street right-of-way and visible from the street shall be screened from that street by a buffer yard meeting the requirements in Article V. Any fencing shall be placed on the inside of the plantings.

Minimum separation between buildings: 20 feet. Maximum length of any building: 300 feet.

(46)

Shopping center.

The primarily vehicle route into and through the site should be directed away from the primary pedestrian routes into the main doors of the commercial uses.

The development shall consist of a harmonious selection of uses, and groupings of buildings, service and parking areas, circulation and open spaces, planned and designed as an integrated unit in such manner as to constitute a safe, efficient and convenient retail shopping center or related planned business development.

The appropriate use of property adjacent to the shopping center or planned business development shall be safeguarded. Along each side or rear property line which directly abuts a residential or institutional district boundary line, a twenty-foot buffer yard shall be required which shall include a suitable and uninterrupted coniferous planting screen not less than four feet in height nor 15 feet in width along each street line which directly abuts a residential or an institutional district boundary line. A strip of the required front yard area not less than 10 feet in width measured from the street line shall be suitably landscaped, except for necessary sidewalks and accessways and may include a wall not more than four feet in height.

No storage of materials, equipment or goods shall be permitted outside a building, and no merchandise shall be displayed on the exterior of a building, except in conformance with the following regulations:

Only merchandise intended for immediate sale shall be displayed on the sidewalk in front of any store. At least eight feet of sidewalk shall remain unobstructed for pedestrian use between the merchandise or display and the curb.

Any other area of a shopping center property proposed for storage or display purposes shall be subject to site plan approval by the City Planning Commission. All such areas shall be enclosed in a suitable fence or plant screen, located adjacent to the main building in such a manner as to prevent a view of the stored items from any adjacent property at ground level, and placed in such a manner as to control pedestrian and vehicular movement in the area.

Adequate provisions shall be made for safe and efficient pedestrian and vehicular traffic circulation within the boundaries of the shopping center. Such provisions shall include raised curbs or medial walkways which shall prohibit vehicles from straying from their designated circulation routes. Also, these walkways shall be suitably planted to help reinforce the proper routing of traffic and add to the overall appearance of the shopping center.

All access roads, parking area, service and other areas for vehicular use shall be paved with bituminous concrete material or other hard surface material meeting specifications acceptable to the City Engineer.

The proposed development shall be served by public sewer and water facilities.

Each multiple-family development permitted in conjunction with a principal business shall comply with the provisions of the RT district, unless specified otherwise.

(i)

If the development of the shopping center is to be carried out in progressive stages, each stage shall be so planned that the foregoing requirements and the intent of this chapter shall be fully complied with at the completion of any stage. The initial stage of development shall comprise a minimum total ground floor area of 7,500 square feet, or a minimum of six permitted main uses.

(47)

Solid waste transfer facility, solid waste landfill or solid waste-to-energy facility.

All solid waste storage, disposal, incineration or processing shall be at least 100 feet from the following: public street right-of-way, exterior lot line, one-hundred-year floodplain, edge of a surface water body (including a water filled quarry) or wetland of more than 1/2 acre in area.

All solid waste storage, disposal, incineration or processing shall be a minimum of 300 feet from any residential district, perennial creek, publicly owned park or any existing dwelling that the applicant does not have an agreement to purchase.

No burning or incineration shall occur, except within an approved waste-to-energy facility.

Any facility shall be operated in such a manner to prevent the attraction, harborage or breeding of insects, rodents or vectors.

Gates. Secure gates, fences, earth mounds and/or dense vegetation shall prevent unauthorized access.

Adequate means of emergency access shall be provided.

For a solid waste-to-energy facility or solid waste transfer facility, all loading and unloading of putrescent solid waste shall only occur within an enclosed building, and over an impervious surface drains to a holding tank that is then adequately treated, and all solid waste processing and storage shall occur within enclosed buildings or enclosed containers.

(48)

Studio, artisan manufacturing. Permitted activities shall be limited to the on-site production of goods by hand manufacturing which involves only the use of hand tools or domestic mechanical equipment that does not exceed two horsepower each or a single kiln not exceeding eight cubic feet in volume and the incidental sale to consumers. Typical production includes custom furniture, ceramic studios, glassblowing, candle making, custom jewelry, stained and leaded glass, woodworking, custom textile manufacturing and crafts production.

(49)

Vehicle towing station.

Outdoor storage of vehicles shall be at least:

One hundred feet from the lot of any dwelling.

Forty feet from any other lot line and the right-of-way of any public street.

(50)

Tattoo and body piercing establishment.

The building area occupied by a tattoo and body piercing establishment shall not be located within 1,000 feet from the closest building area occupied by another tattoo and body piercing establishment.

Tattoo and body piercing establishments shall not be located on a lot within 500 feet measured by a straight line in any direction from the lot line of a charter school, private school, or public school, which provides elementary or secondary education. Instructional or vocational schools are excluded from the separation requirement.

(51)

Treatment center.

A treatment center shall not be located within 1,000 feet of an existing treatment center.

Each treatment center shall meet the following requirements:

Proof of adequate supervision by people qualified by training and experience in the field for which the facility is intended shall be provided.

The facility must comply with all applicable fire, housing, building, property maintenance, and health codes, and all regulations pertaining to transient occupancy with respect to emergency lighting, smoke detectors, exit lights, and other safety devices.

Any food preparation, service, or distribution shall be licensed in accordance with any applicable local or state regulations and inspected by the Pennsylvania Department of Agriculture.

All services provided on site shall be contained within the structure and operated by a nonprofit, charitable, or for-profit organization.

The applicant for these facilities shall submit with its application a plan outlining in detail the management of the facility. This shall include information on personnel, supervision, hours of operation, services provided, rules and regulations, and any other information pertinent to the operation of the facility.

The applicant shall provide a written description of all conditions (such as criminal parolees, alcohol addiction) that will cause persons to occupy the use during the life the permit. Any future additions to this list shall require an additional special exception approval.

The applicant shall prove to the satisfaction of the Council that the use will involve adequate on-site supervision and security measures to protect public safety. If any applicable county, state, federal or professional association standards provide guidance on the type of supervision that is needed, the proposed supervision shall be compared to such standards.

The Council may place conditions upon the use to protect public safety, such as conditions on the types of residents and security measures.

This lot shall be located a minimum of 500 feet from a lot line of a lot occupied by each of the following: a school, public park or playground, day-care center, or college.

(52)

Utility buildings and structures, including substations.

Access and parking shall be provided only in relationship to the maintenance and servicing of such facilities.

A chain-link fence and locked gate eight feet in height shall surround the building or structures of such facilities.

Outside lighting shall be directed away from adjacent properties.

The location, design and operation of such facilities shall not adversely affect the character of any adjacent residential properties.

Shall not require routine trucking movements on local residential or substandard streets.

A buffer yard not less than 20 feet in depth and comprised of trees and/or shrubs designed to conceal such buildings or structures of such facilities shall be required.

(53)

Vehicle garages for use by residents in the vicinity.

Such garage shall be the main building on a lot, unless located as a part of a multiple-family dwelling planned as a complete unit.

Such garage shall preferably be arranged as a unit in which no doors would face directly upon a public street. Plantings may be required to permit the building to become an attractive element of the neighborhood.

Such garages shall not be used for commercial storage or vehicle repair.

(54)

Veterinary office (includes animal clinics and hospitals).

Minimum lot area: 8,000 square feet.

Any structure in which animals are treated or housed shall be a minimum of 50 feet from any residential lot line. Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot routinely be perceived within adjacent residential dwellings.

Outdoor animal runs may be provided for use between 8:00 a.m. and 8:00 p.m., provided the runs are at least 100 feet from any residential dwelling and provided that the runs for dogs are separated from each other by visual barriers a minimum of four feet in height to minimize dog barking.

A commercial kennel shall not be permitted as an accessory use, unless a kennel is a permitted principal use in that district.

Any outdoor solid waste receptacles and all structures housing animals shall be setback a minimum of 50 feet from any existing dwelling on an adjacent lot.

(55)

Wind turbines.

The following provisions apply to wind turbines allowed as a principal use:

The wind turbine shall be set back from the nearest principal building on another lot a distance not less than two times the maximum height to the top of the extended blade, unless a written waiver is provided by the owner of such building. All wind turbine setbacks shall be measured from the center of the base of the turbine. This provision shall apply to buildings that existed prior to the application for a zoning permit.

The audible sound from the wind turbine(s) shall not exceed 45 A-weighted decibels, as measured at the exterior of a occupied principal building on another lot, unless a written waiver is provided by the owner of such building.

The owner of the facility shall completely remove all aboveground structures within 12 months after the wind turbine(s) are no longer used to generate electricity.

Wind turbines shall not be climbable for at least the first 12 feet above the ground level.

All wind turbines shall be set back from the nearest public street right-of-way a minimum distance equal to the maximum height to the top of the maximum height of the extended blade.

All wind turbines shall be set back from the lot line a minimum distance equal to the maximum height to the top of the maximum height of the extended blade, unless a written waiver is provided by the owner of the abutting lot(s).

If guy wires are used, and they are not within a fence, they shall be marked near their base with reflectors, reflective tape or similar method.

The turbine shall include automatic devices to address high speed winds.

Accessory electrical facilities are allowed, such as a transformer, provided that any building shall meet setbacks for a principal building.

[10]

The site plan shall show proposed driveways, turbines and areas of woods proposed to be cleared.

[11]

Temporary towers designed to test possible locations for a wind turbine shall be permitted by right, provided they are removed within one year and meet the same setbacks as a wind turbine.

[12]

For a wind turbine, a professional engineer shall certify that the turbine, foundation and tower design of the windmill is within accepted professional standards, given local soil conditions.

[13]

Rotor blades or airfoils must maintain at least 12 feet of clearance between their lowest point and the ground.

[14]

Decommissioning. A wind turbine shall be considered a discontinued use after one year without energy production, unless a plan is developed and submitted to the Zoning Officer outlining the steps and schedule for returning the wind turbine to service. All wind turbines and aboveground facilities shall be removed within 90 days after the use is discontinued.

[15]

The maximum height of any wind turbine shall be 250 feet.

The following provisions apply to wind turbines allowed as an accessory use, primarily for on-site electrical use.

All wind turbines shall be set back from the lot line a minimum distance equal to the total maximum height to the top of the extended blade, unless a written waiver is provided by the owner of such adjacent lot. All wind turbine setbacks shall be measured from the center of the base of the turbine.

The audible sound from the wind turbine shall not exceed 45 A-weighted decibels, as measured at the exterior of a occupied principal building on another lot, unless a written waiver is provided by the owner of such building.

The owner of the facility shall completely remove all aboveground structures within 12 months after the windmill is no longer used to generate electricity.

A wind turbine shall not be climbable for at least the first 12 feet above the ground level, unless it is surrounded by a fence with a minimum height of six feet.

All wind turbines shall be set back from the nearest public street right-of-way a minimum distance equal to the total maximum height to the top of the extended blade.

If guy wires are used, and they are not within a fence, they shall be marked near their base with reflectors, reflective tape or similar method.

The turbine shall include automatic devices to address high speed winds, such as mechanical brakes and over speed controls.

The maximum total height above the ground level to the tip of the extended blade shall be 80 feet.