Borough of Akron, PA SUPPLEMENTAL DISTRICT REGULATIONS

All other provisions of this chapter and uses and structures governed thereby shall be subject to such exceptions, additions, restrictions, limitations or modifications as herein provided by the following supplemental regulations. These supplemental district regulations shall apply in all zoning districts, including, but not limited to, the FP Floodplain Zoning District. However, to the extent that there are inconsistent provisions in the FP Floodplain Zoning District regulations in Part 14 hereof that apply to any of these supplemental district regulations, the more restrictive in Part 14 shall prevail.

§ 27-1202 Bed-and-Breakfast Inns.

[Ord. 12-8-97A, 12/8/1997, § 1202]

Bed-and-breakfast inns are permitted as special exceptions in all zoning districts in the Borough, but shall be subject to all the following criteria (in addition to all other applicable criteria for single family detached residential uses in each district).

There shall be a minimum of two off-street parking spaces for the owner/occupier plus one additional off street parking space for each bed-and-breakfast unit and one additional off street parking space for each full or part time employee which are present at any one time and who are not residing in the building.

All bed-and-breakfast inns shall be owner occupied. The operator however can be a family member, even if not an occupant.

Not more than one full time employee not a resident therein shall be permitted for each bed-and-breakfast inn. "Full time" shall be defined for this purpose as an employee employed for a minimum of 40 hours in any work week.

No bed-and-breakfast inn in any residential district shall contain more than three units (exclusive of the residence). No bed-and-breakfast inn shall contain more than five units (exclusive of the residence) in the C-1 and the C-M Districts.

Each bed-and-breakfast inn shall keep a register of all guests.

The maximum stay shall be one week.

Breakfast only shall be served and no meals shall be served to anyone other than occupants.

There shall be no cooking facilities in any unit.

The bed-and-breakfast use shall be conducted in the principal building only.

The billing shall be on a nightly basis only.

Each bed-and-breakfast inn shall contain a minimum of two full baths for each three units (for this purpose only, a unit includes the residence facilities).

The residence unit and each bed-and-breakfast unit shall only be allowed in structures where there are least 700 square feet of used floor area for each such unit and for the residence.

The bed-and-breakfast inn's parking and public facilities shall be adequately screened so that they cannot be seen from the neighbors in any side or rear lots.

Signage shall be as set forth in § 27-1237 hereof.

§ 27-1203 Day-Care Centers.

[Ord. 12-8-97A, 12/8/1997, § 1203]

Child Day Care. Care in lieu of parental care given for part of a twenty-four-hour day to children away from their own homes.

Family Day-Care Home. A home in which child day care is provided at any one time of the day for four through six children who are not relatives of the caregiver.

Day-Care Business. Is a business where child day care is provided in a commercial setting to seven or more children who are not relatives of the caregiver.

A day-care business facility must be located in either the C-1 or C-M zoning districts.

Child day care provided to three or fewer children away from their own homes where there is no employee who is not a resident of the facility shall not be considered regulated by this chapter.

Family day-care home shall be considered a home business under § 27-1204 hereof.

The following additional criteria shall apply to all family day-care homes:

Such family day-care home must be in a single-family detached dwelling with at least 1,500 square feet area of living area (excluding garages, attics, unfinished basements, etc.).

The facility must have an approved valid state registration certificate. Proof of state registration renewal must be supplied to the Borough every year.

Any external evidence of such use shall be limited to one nonilluminated sign, subject to the sign regulations contained in § 27-1204 hereof.

The facility shall not be conducted in an accessory building.

The person primary responsible for the family day-care home shall be a full-time resident in that dwelling.

No more than one person not in residence in the dwelling shall be employed in the family day-care home.

A fence, with a minimum height of four feet, shall physically contain the children within an outdoor play area.

Natural or physical barriers may be used in place of fencing so long as such barriers functionally contain children.

The following criteria additionally apply to day-care business facilities:

The facility must have an approved and currently valid state registration certificate. Proof of state registration renewal must be supplied to the Borough every year.

A fence with a minimum height of four feet shall physically contain the children within the outdoor play area. Natural or physical barriers may be used in place of fencing so long as such barrier's function might contain children.

If a facility has access to streets of different classification, access shall be provided using the street of lesser functional classification.

Play equipment shall be located at least 10 feet from any abutting property line.

All pedestrian passways shall be adequately lit for safety if utilized during non-daylight hours. Specific areas requiring lighting are entrance ways, pedestrian access to outdoor play areas, sidewalks, drop off areas, merchandise delivery areas and all parking lots. Such lighting shall not produce objectional glare on adjacent properties.

In all other zoning districts day-care businesses may also be permitted as accessory uses to churches, schools, and recreation centers only by special exception. Accessory day-care businesses must comply with all other requirements for day-care business centers. In addition, evidence must be submitted to document that adequate indoor space, outdoor play space, and safe vehicular access are provided.

§ 27-1204 Home Occupations and Home Businesses.

[Ord. 12-8-97A, 12/8/1997, § 1204]

Background. The Borough recognizes the need to establish regulations pertaining to home-based occupations and businesses that have arisen as a result of the increased need for the diversity of income to help offset the rising cost of living. The Borough also recognizes the potential benefits to the local community which could be realized by those seeking services or goods supplied through home occupations. However, these positive aspects must be weighed against the potential impacts of such uses on the character of the neighborhoods and health and safety issues.

Purpose. It is the intent of this section to establish regulations which will permit home occupations and home businesses in a manner which will preserve the peace, quiet, and tranquility of residential neighborhoods and to ensure the compatibility of such uses with other uses permitted within the same zoning districts.

Requirements for Home Occupations. Any dwelling may contain a home occupation and all dwellings containing a home occupation shall comply with the following:

There shall be no retail sales of goods on the premises.

All persons involved in the home occupation shall be full-time residents.

There shall no evidence from the exterior that the dwelling is being utilized for purposes other than a dwelling.

No signs shall be utilized.

There shall be no increased need for additional off-street parking.

No more than 20% of the gross floor area of the dwelling unit, excluding attics, porches, garages, and basements, may be used for the practice of a home occupation.

The practice of the home occupation shall be permitted only inside the dwelling or accessory buildings.

Deliveries shall not restrict traffic circulation.

Traffic generated by the home occupation(s) shall not exceed volumes normally expected in a residential neighborhood.

A home occupation shall not produce noise, obnoxious odors, vibrations, lighting glare, smoke, or fumes detectable to normal sensory perception on any adjacent lots or streets, nor shall it produce detectable electrical interference.

The disposal of all materials, fluids, and gases shall be in a manner which complies with all regulations of the Borough sewer and all other applicable government codes.

Home occupations utilizing, or proposing to utilize, explosive or highly flammable materials shall require proof of Fire Department notification.

Regulations for Home Businesses. The Zoning Hearing Board may approve home businesses as special exceptions (if otherwise listed as a special exception use) according to the procedures and requirements specified below. All dwellings containing a Home Business shall comply with the following:

The person primarily responsible for the home business shall be a full-time resident of the premises.

No more than one person not in residence in the dwelling shall be an employee in the home business(es).

No more than 25% of the gross floor area of the dwelling unit (excluding attics, porches, garages, and basements), may be used for the practice of home business(es).

No displays or change in the building facade, including the dwelling and all accessory buildings, shall indicate from the exterior that the dwelling is being utilized for purposes other than a dwelling.

A home business shall limit any external evidence of a business to one nonilluminated sign, subject to § 27-1237 (sign regulations).

Adequate off-street parking facilities shall be provided to reasonably accommodate the normal activity of the home business(es) (with a minimum of that provided in § 27-1205).

Storage of materials, products, or machinery used for the home business shall be wholly enclosed by the dwelling or accessory building, within the maximum floor area previously defined, and shall not be visible from any adjacent lot or street.

The home business(es) shall be conducted entirely within the dwelling or accessory building.

Deliveries shall not restrict traffic circulation.

Traffic generated by the home business(es) shall not exceed volumes normally expected in a residential neighborhood.

A home business shall not produce noise, obnoxious odors, vibrations, lighting glare, smoke, or fumes detectable to normal sensory perception on any adjacent lots or streets, nor shall it produce detectable electrical interference.

The disposal of all materials, fluids, and gases shall be in a manner which complies with all regulations of the Borough sewer and all other applicable government codes.

Sales of goods on the premises shall be limited to goods made on the premises and goods which are incidental to services performed on the premises.

Home businesses utilizing, or proposing to utilize, explosive or highly flammable materials shall require proof of fire department notification.

Any other reasonable conditions set forth by the Zoning Hearing Board when granting approval.

No more than one home business shall be permitted on any one lot.

§ 27-1205 Off-Street Vehicles Storage and Parking.

[Ord. 12-8-97A, 12/8/1997, § 1205]

Required. Off-street vehicle storage or standing spaces shall be provided on all lots for which there is a change of use, intensity of use, or new use hereafter established or where there is an addition of a new or addition to a principal building or a principal structure. Such spaces shall be surfaced with an "all weather" durable and dustless material, such as stone (except a stone surface shall not be permitted for Commercial or Industrial uses), asphalt, macadam or concrete and each space shall have vehicular access to a street or alley available for use by such lot.

Computation. For the purposes of computing the number of parking spaces available in a given area the ratio of 180 square feet per parking space shall be the minimum, with a minimum width of nine feet and a minimum depth of 18 feet. Only the area actually used for parking shall be considered. Access or driving lanes shall not be included in the computation, except in the case of single-family detached and semidetached dwellings without other uses contained therein. All parking spaces, except in the case of single-family detached and semidetached dwellings without other uses contained therein, shall allow direct and immediate access without the necessity of traversing any other parking space. The location and size of all parking spaces shall be shown on a plan in order to enable the Borough to be sure that the computation requirements are met.

Minimum Requirements. Unless otherwise specially provided for in this chapter, the following minimum number of parking spaces shall apply:

Adult Entertainment Establishments. One space for each 50 square feet of gross floor space (not limited just to service areas) and one space for every employee (full or part time) on each shift.

Bed-and-breakfast Inns. As provided for in § 27-1202.

Boarding and Rooming Houses. One space for each room to be occupied by boarders or roomers.

Day-Care Business. One space for each employee and one space for every two children.

Dwelling Units. Two spaces for each dwelling unit.

Family Day-Care Home. One additional space for any employee not a resident.

Game Rooms. One space to accommodate each vehicle of all employees (whether full time or part-time) contemplated on the premises at any given time, plus the greater of one space for every 100 square feet of gross floor area or one space for every mechanical amusement device in operation on the premises.

Home Business. One for each person not in residence in the dwelling and one additional one for each potential visitor at any one time.

Hotel, Motel, Tourist Homes or Similar Accommodation. One space for each rental room and one space for each employee on the largest shift.

Industrial Uses. Spaces shall be provided as necessary for employees, business invitees and all other parties using the structure. A plan shall accompany the application together with statistics and other data to show that the proposed facilities will meet all anticipated needs. At a minimum there shall be one and one-half spaces for each two employees.

Mixed Uses. The parking for both or all uses shall be separately computed and the total shall be provided.

Restaurant, Cafe, Tea Room, or Other Place for the Sale of Drinks or Processed Foods. One space for each four seats.

[Amended by Ord. No. 00093, 5/14/2018]

Schools. Two and one-half spaces for each classroom.

Theater, Auditorium, Church, Stadium or Other Place of Public Assembly. One space for each three seats available at a maximum capacity.

For bench seating, 24 inches shall be used to measure each "seat."

All Other Commercial Uses. One space for each 400 square feet of floor area. However, warehouse or storage space shall not be used in the computation of floor area for such uses.

[Amended by Ord. No. 00093, 5/14/2018]

In addition to parking spaces, sufficient provisions shall be made for storage of snow so that the minimum number of parking spaces will still be maintained in the winter.

Other Structures and Uses. Adequate spaces shall be provided for all uses of the premises. A plan shall accompany the application together with statistics and other data to show that the proposed facilities will meet all anticipated needs.

Transitional Housing. One parking space for each bed and on-duty staff member.

[Added by Ord. No. 00093, 5/14/2018]

Short-term Rentals. Two additional off-street parking spaces for each rental bedroom shall be provided. If off-street parking is not permitted on the lot of a single-family dwelling, then two additional off-street parking spaces for each rental bedroom may be located off-lot, as long as there is a written lease with the owner of the land where the spaces are located. In the event of the loss of such off-lot spaces, no short-term rentals shall be permitted until further parking is established.

[Added by Ord. No. 00096, 4/8/2019]

General Parking Regulations. If the vehicle storage area or standing space required above cannot be reasonably provided on the same lot on which the principal use is conducted, the Zoning Hearing Board may, as a special exception, permit such space to be provided on other off-street property. Such space shall be deemed to be required open space associated with the permitted use and shall not thereafter be reduced or encroached upon in any manner. The same off-lot space cannot be claimed by more than one user for use at the same time.

Off-Street Loading and Unloading Space. Off-street loading and unloading space (with any backing in to be exclusively off-street) sufficient for the purpose shall be provided for all business or industrial uses. Such space shall have access to a public street or alley. The Zoning Hearing Board may grant a special exception where hardship would result when an existing use is expanded and this requirement must be met.

Minimum width: 12 feet.

Minimum length: 50 feet.

Minimum vertical clearance: 16 feet.

Parking Area Dimensions.

Minimum dimensions for off-street parking and maneuvering space shall be as follows:

Parking Angle	Stall Width	Stall Depth	Aisle Width
90 degrees	9 feet	18 feet	25 feet
60 degrees	9 feet	18 feet	20 feet
45 degrees	9 feet	19 feet	18 feet

When off-street parking facilities are located adjacent to a public alley, the width may be assumed to be a portion of the maneuvering space requirement.

Nonconforming Parking. In the event of an expansion of a nonconforming building or use and where the parking for the presently existing building or use is validly nonconforming, the parking for the expanded building or use need only be brought up to the standards of this chapter as to the expanded portion of the building or use.

§ 27-1206 Commercial Vehicular Parking or Storage Prohibitions.

[Ord. 12-8-97A, 12/8/1997, § 1206]

The parking for more than two hours or the storage of a commercial licensed vehicle of a gross combination weight rating (GCWR) or gross vehicle weight rating (GVWR) in excess of 8,500 pounds is prohibited in Residential Districts R-1, R-2 and R-3, unless approved by special exception.

When granting special exceptions, the Zoning Hearing Board shall insure that:

The specific site will be an appropriate location for such uses.

Parking space, above that otherwise set forth in this chapter, shall be constructed to provide for this use.

No more than one commercial vehicle will ever be parked on any lot at any one time.

No nuisance or hazard to vehicles or pedestrians will be created.

The location of the commercial vehicle will be adequately screened to keep to a minimum the visibility of the commercial vehicle from any adjoining properties and the public road.

The commercial vehicle will not be parked for in excess of 48 continuous hours.

Engine warmups longer than five minutes shall be prohibited and no cold storage compressor or other engine or similar noise shall be permitted between the hours of 11:00 p.m. and 7:00 a.m., prevailing time.

The nature of applicant's business requires that the commercial vehicle be parked on the lot.

The land which is to be used is not currently in violation of this chapter.

The applicant has satisfied the Zoning Hearing Board that such use will not be detrimental to the general community.

As used herein, the term "gross combination weight rating (GCWR)" shall mean the value specified by the manufacturer as a loaded weight of a combination and the term "gross vehicle weight rating (GVWR)" shall mean the value specified on the federal weight certification label by the manufacturer as the loaded weight of a single vehicle. Except as is otherwise specifically provided herein, the term "licensed commercial vehicle" means any vehicle with a GCWR or GVWR in excess of 8,500 pounds, regardless of its intended use. The term "commercial vehicle" shall not include camping trailers or similar vehicles.

§ 27-1207 Game Rooms.

[Ord. 12-8-97A, 12/8/1997, § 1207]

Each game room shall comply with the following:

Each shall have full separate toilet facilities for both sexes.

Each shall have at least two adult individuals supervising the conduct of patrons during all times when the game room is open.

Each shall provide adequate provision to prevent loitering around the outside of the premises.

Each shall have a clear window or one or more windows from which (from the outside) all machines inside the game room can be viewed.

No sound may emanate from the premises.

No electronic interference may emanate from the premises.

Full illumination shall be provided to all parking areas in the event the game room is open after dark (which said illumination shall not shine upon or interfere with the enjoyment of adjoining properties).

§ 27-1208 Illumination.

[Ord. 12-8-97A, 12/8/1997, § 1208]

Wherever illumination is required or permitted in this chapter, all illumination shall be restricted so that light emanating from any source on the property shall not be greater than two foot-candles measured at a six-foot height at the property line.

§ 27-1209 Self-Service Storage Facility.

[Ord. 12-8-97A, 12/8/1997, § 1209]

All self-service storage facilities shall be screened with a permanent barrier (to be approved by the Zoning Officer) so that the facility is not visible from adjacent residential dwellings or residential districts.

All driveway and parking surfaces shall be paved with a permanent paving material, such as concrete or asphalt.

Self-service storage facilities shall in all events be subject to the following additional criteria (in addition to those set forth in the general district regulations elsewhere in this chapter). The maximum restriction that applies will be applicable:

The side and rear yards shall be a minimum of 25 feet, except where adjacent to a residential district in which case the side and rear yards shall be a minimum of 50 feet.

There shall be an open area (unpaved or covered) of a minimum of 20% of the area of the full lot.

The maximum building height shall be 18 feet.

Self-service storage facilities shall only be used for the temporary storage of goods not in use and not associated with any office, retail or other business on premises.

The storage of radioactive materials, explosives, and flammable or hazardous chemicals is prohibited.

Auctions, commercial, wholesale or retail sales from the premises are prohibited.

The servicing, repair or fabrication of any item (whether for profit or for personal use) is prohibited.

The operation of any power tool, spray painting equipment, table saw, lathe, compressor, welding equipment, kilns or other similar equipment is prohibited.

The use for a transfer or storage business is prohibited.

There shall be travel aisles which shall be a minimum of 20 feet in width for one-way aisles and 28 feet in width for two-way aisles.

All lighting shall be deflected away from residential dwellings.

No outdoor storage is allowed.

The minimum floor area for each rental unit shall be 35 square feet.

No storage unit door shall be constructed facing a residentially zoned property.

§ 27-1210 Specific Uses Prohibited.

[Ord. 12-8-97A, 12/8/1997, § 1210]

The following uses are specifically prohibited in all Districts, they being of such a nature as to be totally inconsistent with a highly populated Borough:

Dead animal or other rendering plants.

Automobile, "jalopy," "go-kart," and other self-propelled types of vehicles, racing tracks or drag strips.

Any occupation, trade or process is not specifically allowed pursuant to this chapter where substantial noise, dust, smoke, refuse matter, gas, electrical interference, illumination, vibrations or smells may emanate from the occupation, trade or process on to adjoining properties.

Junkyards and recycling facilities.

The keeping of nondomesticated animals.

The extraction of natural resources, other than water.

Landfill.

Any nondomesticated animal or any agricultural animal (other than a horse that is regulated by other provisions hereof).

[Amended by Ord. No. 00093, 5/14/2018]

§ 27-1211 Height Limit Exceptions.

[Ord. 12-8-97A, 12/8/1997, § 1211]

Penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required for operation and maintenance of the building; skylights, towers steeples, flagpoles, chimneys, smoke stacks, wireless masts, radio and television antennas, utility poles, water tanks or similar structures may be erected above the height limits herein prescribed. However, no penthouse or roof structure or any space above the height limit shall be allowed for the purpose of providing additional floor space for any use. Additionally, the maximum height of all new structures or structures being altered shall not exceed 85 feet from the lowest point to the highest point, or more than 10 feet above any existing structure that already is 75 feet in height or higher.

§ 27-1212 Adult Entertainment Establishments.

[Ord. 12-8-97A, 12/8/1997, § 1212]

Purpose and Legislative Intent.

It is hereby declared a matter of legislative declaration and belief that the morals of minors of Akron Borough are threatened by the presence of adult entertainment establishments as said term is hereinafter defined. These establishments, and the type and character of the merchandise, paraphernalia and services sold in them, create an atmosphere of enticement for minors of Akron Borough that is increased by the lascivious and suggestive advertising often employed to promote the availability of these products and services. It is the intent of the Borough Council to minimize the exposure of these establishments.

It is the firm belief of Council that it has a vital duty and role to protect the moral fiber and standards of its residents, in particular the minors of the community.

The location of adult entertainment establishments is of vital concern to society with regard to their location near areas where minors may learn, play, pass by, or would be exposed to the advertising, window displays, or the general atmosphere encompassing their operation. The legislative body finds that adult entertainment establishments, because of their very nature, are recognized as having objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances, thereby having a deleterious effect upon adjacent areas. Special regulation of these businesses is necessary to insure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods.

It is the intent of the Borough Council in enacting these regulations relative to adult entertainment establishments to exercise only those powers granted to it. These regulations shall in no way be deemed to permit any adult entertainment establishment, as defined herein, which would otherwise be prohibited or in any way regulated by any other obscenity ordinance, and other state, county or local ordinances.

Further, these regulations are enacted to promote, protect and facilitate the public health, safety, morals and general welfare of all residents of Akron Borough.

Definitions. It is the purpose of this subsection, together with its paragraphs, to provide clear and concise definitions of those words, terms, and phrases most commonly utilized in the provisions of these regulations in order to assist in the interpretation of said provisions and to insure uniformity of application. It is intended that the following words, terms and phrases, whenever used, shall be construed as defined in the following paragraphs unless from the context a different meaning is clearly intended. The following definitions are intended to supplement the definitions contained in Part 5:

For the purpose of this Part, "adult entertainment establishments" are defined as follows:

(1)

Adult Bookstore. Any establishment which has a substantial or significant portion of its stock-in-trade as:

(a)

Books, films, magazines or other forms of audio or visual representation which are distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.

(b)

Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.

(2)

Adult Cabaret. A nightclub, theater, bar or other establishment which features live or media representations of performances by topless or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

(3)

Adult Mini Motion Picture Theater. An enclosed or unenclosed building with a capacity of more than five, but less than 50, persons used for presenting any form of audio or visual material, and in which a substantial portion of the total presentation time measured on an annual basis is devoted to the showing of material which is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.

(4)

Adult Model Studio. Any place where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity, except that this provision shall not apply to any "figure studio" or "school of art" or similar establishment which meets the requirements established in the Education Code of the Commonwealth of Pennsylvania for the issuance or conferring of, and is in fact authorized thereunder to issue and confer a diploma.

(5)

Adult Motel. A motel or similar establishment offering public accommodations for any consideration, which provides patrons with material distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.

(6)

Adult Motion Picture Arcade. Any place to which the public is permitted or invited wherein coin or slug operated or electronically or mechanically controlled still or motion picture machines, projectors, or other image producing devices are maintained to show images to five or fewer persons per machine at anyone time, and where the images to be displayed are distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.

(7)

Adult Motion Picture Theater. An enclosed or unenclosed building with a capacity of 50 or more persons used for presenting any form of audio or visual material, and in which a substantial portion of the total presentation time measured on an annual basis is devoted to the showing of material which is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.

(8)

Adult Newsrack. Any coin operated machine or device which dispenses material substantially devoted to the depiction of specified sexual activities or specified anatomical areas.

(9)

Adult Theater. A theater, concert hall, auditorium or other similar establishment, either indoor or outdoor in nature which regularly features live performances which are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas for observation by patrons.

(10)

Bath House. An establishment or business which provides the services of baths of all kinds, including all forms and methods of hydrotherapy during which specified anatomical areas are displayed or specified sexual activity occurs. This subparagraph shall not apply to hydrotherapy treatment practiced by, or under the supervision of a medical practitioner. A medical practitioner, for the purpose of this chapter, shall be a medical doctor, physician, chiropractor or similar professional licensed by the Commonwealth of Pennsylvania.

(11)

Body Painting Studio. Any establishment or business which provides the service of applying paint or other substance whether transparent or nontransparent, to or on the human body when specified anatomical areas are exposed.

(12)

Massage Establishment. Any establishment or business which provides the services of massage and body manipulation, including exercises, heat and light treatments of the body, and all forms and methods of physiotherapy, unless operated by a medical practitioner, chiropractor or professional physical therapist licensed by the Commonwealth. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.

(13)

Outcall Service Activity. Any establishment or business which provides an outcall service which consists of individuals leaving the premises for a period of time for the purpose of providing any service during which time specified anatomical areas are displayed or specified sexual activities occur.

(14)

Sexual Encounter Center. Any business, agency, or person who, for any form of consideration or gratuity, provides a place where two or more persons may congregate, assemble or associate for the purpose of engaging in specified sexual activity or exposing specified anatomical areas, excluding psychosexual workshops, operated by a medical practitioner, licensed by the Commonwealth, to engage in sexual therapy.

(15)

Any other business or establishment which offers its patrons services or entertainment characterized by an emphasis on matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas."

Specified Anatomical Areas. As used herein shall mean and include any of the following:

(1)

Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areolae.

(2)

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Specified Sexual Activities. Includes the following:

(1)

Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following depicted sexually oriented acts or conduct; anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty.

(2)

Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence.

(3)

Use of human or animal masturbation, sodomy, oral copulation, coitus, ejaculation.

(4)

Fondling or touching of nude human genitals, pubic region, buttocks or female breast.

(5)

Masochism, erotic or sexually oriented torture, beating, or the infliction of pain.

(6)

Erotic or lewd touching, fondling or other contact with an animal by a human being.

(7)

Human excretion, urination, menstruation, vaginal or anal irritation.

Permits Required. No person shall operate an adult entertainment establishment without first obtaining a use and occupancy permit as provided elsewhere in this chapter and all other applicable permits required by law.

Minimum Spacing and Proximity Requirements.

No adult entertainment establishment shall be located within 1,000 feet of any other adult entertainment establishment.

No adult entertainment establishment shall be located within specified distances of certain land uses as set forth below:

(1)

No such establishment shall be located on a lot in a zoning district, which zoning district boundary line is immediately adjacent to a residential dwelling lot in a residential zoning district.

(2)

No such establishment shall be located within 350 feet of any parcel of land which contains any one or more of the following specified land uses (either within the Borough or an adjacent municipality):

(a)

Amusement park.

(b)

Camp (for minors activity).

(c)

Child care facility.

(d)

Church or other similar religious facility.

Community center.

Museum.

Nursing home.

School.

The distance between any two adult entertainment establishments shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior parcel line of each establishment. The distance between any adult entertainment establishment and any land use specified in paragraph .B above shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior parcel line of the adult entertainment establishment to the closest point on the property line of said land use.

Visibility from the Street. No person operating an adult entertainment establishment shall permit, or cause to be permitted, any stock-in-trade which depicts, describes or relates to specified sexual activities and/or specified anatomical areas as defined herein, to be viewed from the street, sidewalk or highway.

§ 27-1213 Accessory Buildings.

[Ord. 12-8-97A, 12/8/1997, § 1213; as amended by Ord. 99002, 2/8/1999, §§ III]

Setback. All detached accessory buildings shall be set back at least six feet from each side and rear yard and shall not be within any front yard. The maximum height of each detached accessory building shall not exceed a mean height of 10 feet.

Detached Accessory Buildings in Residential Districts. In the R-1, R-2 and R-3 Districts, the following additional regulations shall apply:

As used herein the term "accessory buildings" shall not include private garages but shall include such items as sheds, dog houses, and pool cabanas.

Other Detached Accessory Buildings. Other detached accessory buildings may be located in any required rear yard provided:

(1)

Such building shall not exceed one story or be more than 15 feet in height.

(2)

All such buildings in the aggregate shall not occupy more than 30% of the area of the required rear yard where so located.

(3)

Such building shall not exceed 250 square feet in floor area.

(4)

Maximum total combined square footage for all such buildings shall not exceed 600 square feet for each lot.

Detached accessory buildings for permitted attached and semidetached dwellings shall be located no closer than six feet from any side lot line formed by a building party wall.

Detached Accessory Buildings in Nonresidential Districts.

In any nonresidential district, an accessory building on that portion of a lot not included in any required yard shall conform with the height regulations for principal buildings.

Accessory buildings located in a rear yard area shall be a minimum of 20 feet from the rear property line.

Accessory buildings shall be a minimum of 10 feet from any side property line.

The maximum number of detached accessory buildings on any lot shall be three.

All detached private garages and detached accessory buildings shall not be constructed of paper, cardboard, cloth, canvas, plastic or other similar nonpermanent materials.

No detached accessory building shall be located in front of the front facade above the principal building in any residential district.

§ 27-1214 Detached Private Garages.

[Ord. 12-8-97A, 12/8/1997, § 1214]

The maximum capacity of a detached private garage shall not exceed three cars for each single-family dwelling and shall not exceed one car for each multifamily dwelling.

The maximum height of each detached private garage shall not exceed 18 feet mean height.

No temporary detached private garages are permitted.

Any detached private garage shall be set back the minimum of the same distance as the principal dwelling, (but not within the front yard setback), except rear yards cannot be less than 10 feet.

§ 27-1215 Fences and Walls.

[Ord. 12-8-97A, 12/8/1997, § 1215]

In the R-1, R-2 and R-3 Residential Districts, no fence or wall shall exceed four feet in height in any front yard or in any side yard in front of the front building facade or six feet in height in any rear yard or in any side yard not in front of the front building facade. A front yard fence or wall shall be located behind the sidewalk.

In nonresidential districts, fences or walls may be erected to a height not exceeding eight feet along the side and rear lot lines, with the following exceptions:

No fence or wall shall exceed four feet in height along any side lot line between the front property line and the front setback line, nor across the front of any commercial or industrial property forward of any abutting property's front setback line.

Where such lots abut property zoned residential, fences or walls may not exceed six feet in height along lot lines where so abutting.

Fences surrounding tennis courts may be erected to a height not exceeding 10 feet, subject to the further requirements of § 27-1223.

No fence or wall shall be constructed nor shall any vegetation be allowed to grow or be planted which would obstruct a required clear sight triangle (See § 27-1234) or which would obstruct or substantially impair vision from a private driveway's exit onto a public roadway or alleyway.

In any areas in front of a dwelling facade (exclusive of porch or other protrusions) no wall shall be permitted and no fence shall have a ratio of open area to solid fence in excess of four parts open area to one part solid fence.

§ 27-1216 Water Supply and Sewage Facilities Required.

[Ord. 12-8-97A, 12/8/1997, § 1216]

In the interest of protecting the public health, safety and welfare, no building hereafter erected, altered or moved shall be provided with other than a municipal supplied water and sewer service.

§ 27-1217 Temporary Structures for Dwelling Purposes.

[Ord. 12-8-97A, 12/8/1997, § 1217]

No cabin, mobile home, garage, shed, camper, basement without a full story above, or other temporary structure, whether of a fixed or mobile nature, may hereafter be erected, maintained or established for any dwelling purpose for any length of time unless approval for temporary use is granted as a special exception by the Zoning Hearing Board.

§ 27-1218 Building Length.

[Ord. 12-8-97A, 12/8/1997, § 1218]

The maximum building length of any one building shall be 150 feet.

§ 27-1219 Yard and Lot Requirements.

[Ord. 12-8-97A, 12/8/1997, § 1219]

Corner Lots.

Front yards are required on all street frontages, and the other yards shall be deemed to be side yards.

Projections into Required Yards.

Cornices, canopies, gutters, eaves or architectural features may project into side yards a distance not exceeding two inches per one foot of side yard width but may not exceed a total of three feet.

Bay windows, balconies, fireplaces, uncovered stairways and necessary landings, and chimneys may project a distance not exceeding three feet into a required side yard.

Patios and paved terraces may be located in side and rear yards provided that they do not extend closer than five feet from any property line. In case of a corner lot, no such structure shall extend into the required yard adjoining each street.

Through Lots. Where a lot extends from street to street, the applicable yard regulations shall apply on both street frontages. However, in the event of a complete system of through lots which are designed for reverse frontage, the front yard need only be along the more minor street of the subdivision.

§ 27-1220 Outdoor Storage for Nonresidential Uses.

[Ord. 12-8-97A, 12/8/1997, § 1220]

Outdoor storage for nonresidential uses shall be completely screened from view of any adjacent residential use. Screening shall consist of evergreen plantings, architectural screen, fence or wall.

No storage shall be permitted within the front yard of any lot.

Outside storage of raw materials and/or finished products shall be permitted only within the buildable area of the lot to the rear of the front building wall of the principal building, and shall not exceed 20 feet in height in nonresidential districts and 10 feet in height in residential districts.

In multiple-family, commercial, industrial and other nonresidential developments, garbage storage shall be centralized and enclosed on three sides by architectural screening or plantings.

No flammable or explosive liquids, solids or gases shall be stored in bulk above ground, except for tanks of fuel (A) directly connected to energy or heating devices or (B) used in conjunction with active construction activities. A list of such liquids, solids or gases stored on site shall be supplied to the fire company serving the Borough. The applicant shall also demonstrate compliance with all applicable regulations of the U.S. Environmental Protection Agency; Pennsylvania Department of Environmental Protection; and the Pennsylvania State Police, Fire Marshal Division, including notification and registration requirements. All tanks must be properly screened from all adjacent residential uses.

No structure or land shall be used or developed, and no structure shall be located, extended, converted or structurally altered unless the applicant takes all reasonable measures to minimize the impacts of the aboveground and underground storage of heating oil, gasoline, diesel fuel, chemical solutions or other substances which, if released, would constitute pollutants to surface water or groundwater. The applicant shall also demonstrate compliance with all applicable regulations of the U.S. Environmental Protection Agency; Pennsylvania Department of Environmental Protection; and the Pennsylvania State Police, Fire Marshal Division, including notification and registration requirements.

§ 27-1221 Outdoor Storage; Residential Uses.

[Ord. 12-8-97A, 12/8/1997, § 1221]

Outdoor storage for residential uses shall be completely screened from view of any adjacent residential use. Screening shall consist of evergreen plantings, architectural screen, fence or wall.

No outdoor storage shall be permitted within the front yard of any lot.

Outside storage of raw materials and/or finished products shall be permitted only within the buildable area of the lot to the rear of the front building wall of the principal building, and shall not exceed six feet in height in residential districts and 10 feet in height in other districts.

No structure or land shall be used or developed, and no structure shall be located, extended, converted or structurally altered unless the applicant takes all reasonable measures to minimize the impacts of the above ground and underground storage of heating oil, gasoline, diesel fuel, chemical solutions or other substances which, if released, would constitute pollutants to surface water or groundwater. The applicant shall also demonstrate compliance with all applicable regulations of the U.

Environmental Protection Agency; Pennsylvania Department of Environmental Protection; and the Pennsylvania State Police, Fire Marshal Division, including notification and registration requirements.

§ 27-1222 Private Outdoor Swimming Pools.

[Ord. 12-8-97A, 12/8/1997, § 1222]

A building permit shall be required for the installation or construction of a private outdoor swimming pool on the same lot as the principal residence, subject to the following conditions:

Such pool may not be erected or installed in any required side yard, front yard or rear yard.

The pool shall not be located closer to the front of the lot than the front facade (excluding porches or other protrusions) of the principal building.

Any such pool shall be completely surrounded by a fence or wall that is not less than four feet in height. All gates or doors opening through said fence shall be erected, maintained and provided with a self-closing, lockable gate to prevent unauthorized use of the pool and to prevent accidents. However, if said pool is an above-ground pool with sidewalls extending more than 3 1/2 feet above the ground level, then a fence is not required, provided that all points of access to said pool are adequately protected.

An approved temporary construction fence shall be erected around the excavation site during the construction of an in-ground pool and shall remain in place until the permanent fence is installed.

Water shall not be placed into a swimming pool until a certificate of use and occupancy has been issued.

No swimming pool shall occupy more than 25 of the area of the lot on which it is built.

Floodlighting or other illumination used in conjunction with any swimming pool shall be shielded and directed away from adjacent properties.

Hot tubs and spas shall be considered pools for purposes of this section and shall in all respects comply with this section unless they include a lockable cover which is kept locked when not in use or comply with paragraph .C, in which case they need only comply with paragraphs .A, .B, .E, .G, .K, and .L, hereof.

No structure shall be permitted or maintained without an applicable, maintained filtration system utilizing an approved method of treatment of water.

All permanent (a type customarily providing for treatment of water) pool types which exceeds one foot above the mean ground level shall be screened by a permanent screen of a fence or vegetation with a height of no less than the maximum structural height of said pool and any attached or related structures thereto. Vegetation screens shall be such that when planted would customarily grow to said height within a period of no more than two growing seasons. However, fences shall not exceed a height of six feet.

Any structure not maintained in a usable condition, abandoned, or where use has been discontinued, shall be immediately removed.

§ 27-1223 Tennis Courts.

[Ord. 12-8-97A, 12/8/1997, § 1223]

Tennis courts are permitted accessory uses to residences in all residential zoning districts, subject to the following:

No facility shall be permitted unless it is protected by a permanent, open mesh, chain link fence 10 feet in height behind each baseline extending 10 feet beyond the playing area in each direction.

Any such facility, including fence, shall conform to all minimum setbacks.

No facility, including fence, shall be located closer to the front of the lot than the front facade (excluding porches or other protrusions) of the principal building.

Illumination shall be subject to § 27-1208 hereof.

Any structure not maintained in a usable condition, abandoned, or where use has been discontinued, shall be immediately removed.

§ 27-1224 Antennas.

[Ord. 12-8-97A, 12/8/1997, § 1224]

Antennas are permitted accessory structures in all zoning districts, subject to the following:

Antennas shall be installed in accordance with manufacturers' specifications and shall not exceed 12 feet in diameter. They may be located only in rear or side yards or on the roof of a building and must adhere to the specified setback requirements for the zoning district in which they are located.

Ground-mounted satellite antennas shall not exceed 15 feet in height.

Roof or chimney-mounted antennas are subject to the requirements of paragraph .B except that they also may not project more than five feet above the roofline. The maximum size of a roof or chimney-mounted antenna shall not exceed five feet in diameter.

This section shall not be construed to regulate antennas of a size of one meter or less, which shall be free of regulation.

§ 27-1225 Cellular Uses.

[Ord. 12-8-97A, 12/8/1997, § 1225]

The shared use of existing towers and antenna facilities shall be encouraged and preferred to the construction of new such facilities.

The applicant shall submit an adequate report inventorying existing towers and antenna sites within 1/2 mile search radius of the proposed tower, outlining opportunities for shared use as an alternative to the proposed use.

The applicant must demonstrate the proposed tower or antenna cannot be accommodated on an existing approved tower or facility due to one or more of the following reasons:

Unwillingness of the owner to entertain a cellular telephone facility proposal.

The planned equipment would exceed the structural capacity of existing and approved towers and facilities, considering existing and planned use for those facilities.

The planned equipment would cause radio frequency interference with other existing or planned equipment, which cannot be reasonably prevented.

Existing or approved towers or facilities do not have the space on which the proposed equipment can be placed so it can function reasonably.

Other reasons make it impractical to place the equipment proposed by the applicant on existing and approved towers or facilities.

§ 27-1226 Abandoned Vehicles.

[Ord. 12-8-97A, 12/8/1997, § 1226]

In all districts, junked, wrecked, stripped or inoperable motor vehicles or trailers, all trailers without current registration plates and all motor vehicles without current registration plates and inspection stickers displayed thereon shall be parked or stored in a completely enclosed building unless the lawful principal use of the property on which such vehicles or trailers are located involves the repair, storage or disposal thereof.

§ 27-1227 Erection of More Than One Principal Building on a Lot.

[Ord. 12-8-97A, 12/8/1997, § 1227]

In any district, more than one principal use or more than one building housing a permitted or permissible principal use may be erected on a single lot, provided that all yard and other requirements of this chapter are met for each building and each use as though each use and/or building were on an individual lot.

§ 27-1228 Structures to Have Access.

[Ord. 12-8-97A, 12/8/1997, § 1228]

Every building hereafter erected or placed shall be on a lot adjacent to a public street or with access to a private street approved as a special exception by the Zoning Hearing Board, and all structures shall be so located on lots so as to provide safe and convenient access for servicing, fire protection, and required off-street parking. The minimum width of access measured at the right-of-way line of the street shall be 25 feet.

§ 27-1229 Storage of Explosives.

[Ord. 12-8-97A, 12/8/1997, § 1229]

No explosives, other than small supplies of gunpowder for personal reloading of firearms, shall be stored in the Borough except that explosives may be stored in the C-1 District, provided the storage area is no closer than 200 feet to any property line, and provided the requirements of all other provisions of this chapter have been previously met.

§ 27-1230 Motor Vehicle Service Station.

[Ord. 12-8-97A, 12/8/1997, § 1230; as amended by Ord. No. 00093, 5/14/2018]

The building shall be constructed so as to blend harmoniously with the surrounding neighborhood. All automobile parts, dismantled, inoperable or derelict vehicles and similar parts shall be stored only within an enclosed building. All gasoline pumps shall be located outside of buildings on private property and in no case within 20 feet of any property line or the street cartway. All repair work shall be performed inside a building.

§ 27-1231 Slope.

[Ord. 12-8-97A, 12/8/1997, § 1231]

In those areas of the Borough where the natural slope of land exceeds 20% no structure will be erected, except on special exception granted, which shall find that the use will not unduly disturb existing grades and natural soil conditions. A statement must be prepared by an engineer in regard to the building method used in overcoming foundation problems, the maintenance of the natural watershed, and the means of preventing soil erosion. Such statement must be approved by the Zoning Hearing Board as part of the special exception proceeding.

§ 27-1232 (Reserved) [1]

[1]

Editor’s Note: Former § 27-1232, Accessory Building and Structures; Animal Structures (Ord. 12-8-97A, 12/8/1997, § 1232), was repealed 5/14/2018 by Ord. No. 00093.

§ 27-1233 Keeping and Burial of Animals.

[Ord. No. 00093, 5/14/2018[1]]

Prohibited. No person shall keep any hog, cattle, goat, rooster or sheep or any hive of bees (In the case of hives of bees only, they shall be allowed if they are at least 20 feet from any side property line and six feet from the rear property line or front yard setback.) at any place within the Borough.

Horses. For each horse, there shall be at least one acre of grasslands.

Fowl. No person shall keep any chickens or other fowl at any place within the Borough, except subject to the following conditions:

Fowl shall be limited to six fowl, but in no event shall there be any male fowl and nothing greater than five pounds.

(1)

Such chickens or other fowl shall be kept in good condition, healthy, clean and free from disease.

(2)

Pens or coops shall be provided for all chickens or other fowl, and no chickens or other fowl shall be permitted to run at large.

(3)

No pen or coop shall be located within 50 feet of any off-premises dwelling or 20 feet of a side property line or six feet of any rear property line or front yard. No fowl shall be located in a dwelling.

(4)

All pens or coops shall be kept clean and free from vermin and shall be dry, airy, well-lighted and not overcrowded.

(5)

All refuse food and excrement shall be removed as often as necessary to prevent odors from developing.

Burial of Dead Animals. No person shall bury any horse, cattle, sheep or swine at any place within the limits of the Borough. Any person burying any other dead animal within the limits of the Borough shall be required to bury the same not less than three feet below the surface of the ground, and only on the property which they own.

All kennels in the Borough shall be completely enclosed, and there shall be no sounds of animals or smells of animal waste that can be heard or smelled off the property line.

As an accessory building or structure in any zoning district, an animal shelter for domestic pet animals owned by the occupant may be maintained by the occupant for noncommercial purposes, provided the area in which a shelter and/or accessary yard is maintained is suitably enclosed, all yard requirements are maintained and it is not closer than the greater of 10 feet from the property line or 50 feet from the nearest dwelling (other than the dwelling of the occupant).

No more than six domestic pet animals in any combination (other than fish which are not so limited) shall be permitted for each dwelling at any one time.

As to all animals, the exterior of all properties shall be kept in a sanitary conditions, free from unpleasant odors and conditions contributing to the breeding of flies.

This section is enacted to regulate the maintenance, keeping or possession of animals within the Borough in order to promote the health, safety and general welfare of its inhabitants. Where the provisions of this section impose greater restrictions than those of any other statute, ordinance, regulation or resolution, the provisions of this section shall be controlling. Where the provisions of any other statute, ordinance, regulation or resolution impose greater restrictions than this section, the provision of such other statute, ordinance, regulation or resolution shall be controlling.

10.

It shall be unlawful for any person to keep any domestic pets, except as provided in this section:

The keeper of every such animal shall confine the same in an enclosure sufficient to prevent such animal from running at large, and such enclosure shall be of a size and construction conducive to the animal's health, and adequate sanitary drainage facilities shall be provided.

Every keeper of any animal shall cause the litter and droppings therefrom to be collected daily in a container or receptacle that when closed shall be ratproof and flytight and, after every such collection, shall cause such container or receptacle to be kept closed. At least once a week every such keeper shall cause all litter and droppings so collected to be disposed of in such a manner as not to permit the presence of fly larvae.

Every keeper of any animal shall cause all feed provided therefor to be stored and kept in a ratproof and flytight building, box, container or receptacle.

11.

None of the aforesaid provisions shall apply to any pet store, which shall be limited to the C-1 Zoning District. However, nondomesticated animals shall not be permitted anywhere in the Borough.

[1]

Editor's Note: This ordinance also repealed former § 27-1233, Kennels (Ord. 12-8-97A, 12/8/1997, § 1233).

§ 27-1234 Visibility at Street Intersections.

[Ord. 12-8-97A, 12/8/1997, § 1234; as amended by Ord. 00057, 4/11/2011, § III]

A one-hundred-foot clear sight triangle shall be provided and maintained at all street intersections. The triangle shall be established by measuring 100 feet from the point of intersection of the center lines of the streets. No building, structure, planting, parking, or other obstruction that would obscure the vision of a motorist shall be permitted within such area.

Borough signage and utility poles shall not be considered offending structures. In the cases of fences and walls in the front yard setback or building line, they shall also not extend beyond the greater of one-half the front yard setback or building line distance as those terms are set forth herein.

§ 27-1235 Temporary Construction Structures.

[Ord. 12-8-97A, 12/8/1997, § 1235]

During the course of active construction and prior to the issuance of any certificate of use and occupancy permit, the Zoning Officer may issue a temporary permit (which shall be valid for no longer than the period for which the building permit is valid) allowing for the placement on property upon which construction is taking place of temporary storage or office trailers, or portable sanitary facilities as are necessary for completion of the project. The Zoning Officer shall require that all such structures and facilities comply with yard requirements for structures otherwise set forth herein and shall have discretion to limit occupancy inconsistent with the health, safety and welfare of the community. All such structures shall be sufficiently secured to the ground to prevent turnover from storms. All such structures shall only be used for storage and uses relating to property upon which they rest and the number may be limited by the Zoning Officer, to prevent abuse or reduce dangers.

§ 27-1236 Temporary Quarters.

[Ord. 12-8-97A, 12/8/1997, § 1236; as amended by Ord. No. 00093, 5/14/2018]

One temporary quarters to an existing single-family detached dwelling shall be permitted, provided that the conditions set forth in this section are met, and further provided that the accessory use, in all respects, complies with this chapter relating to the zoning district wherein the proposed temporary quarters is to be constructed or to be used. The intent of these provisions is to allow for family members to reside on the premises, but to prohibit the creation of for-profit apartments in districts where multifamily housing is not otherwise permitted. The conditions are as follows:

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

The use may contain separate cooking, sleeping, living and bathroom facilities.

The use shall be part of the principal residence or may be contained in the existing accessory structure such as a garage. No new separate structures on the same lot with the principal residence shall be permitted to be constructed for this use.

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

Temporary quarters shall share an electric meter and shall not be separately metered.

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

No more than one temporary quarters shall be permitted per single-family detached dwelling.

Temporary quarters shall be considered permitted uses in all of the residential zoning districts, the Commercial Mixed (C-M) Zoning District and the Commercial (C-1) Zoning District.

§ 27-1237 Permanent Sign Regulations.

[Ord. 12-8-97A, 12/8/1997, § 1237; as amended by Ord. 99003, 12/8/1997, § I-III; and by Ord. No. 00093, 5/14/2018]

Purposes. The purposes of these permanent sign regulations are (A) to regulate the promulgation of permanent signage in order to maintain and enhance the traditional aesthetic environment of the Borough; (B) to promote pedestrian and traffic safety; (C) to minimize the adverse effects of permanent signage on nearby properties; and (D) to enable the fair and consistent enforcement of these permanent sign restrictions.

Applicability; Effect. These regulations only apply to permanent signs and do not apply to temporary signs unless Chapter 19, Part 1, of the Akron Borough Code of Ordinances specifically refers to the contrary. Signs may be erected, placed, established, created, altered or maintained only in conformance with the standards, procedures, exemptions and other requirements of this section and any and all other ordinances and regulations relating to signs and similar devices. Zoning permits will be required for the erection, placement, establishment, creation or alteration of all signs unless otherwise indicated in this section. The effect of this section, as more specifically set forth herein, is as follows:

To establish a permit system to allow a variety of types of signs in nonresidential districts, and a limited variety of signs in all other districts, subject to the standards and the permit procedures of this section.

To allow certain signs that are small, unobtrusive and incidental to the principal use of the respective lots on which they are located, subject to the substantive requirements of this section, but without a requirement for permits.

To prohibit all signs not expressly permitted by this section.

To provide for enforcement of the provisions of this section.

Computations. The following regulations shall control the computation of sign area and sign height:

Computation of Area of Individual Signs.

(1)

The area of a sign face (which is also the sign area of a wall sign or other sign with only one face) shall be computed by measuring the outside edges of the structure (but excluding poles or other support that do not contain a part of the sign).

(2)

In the case of canopies, which contain a part of which shall be a sign, the area of the sign on the canopy shall be computed by the means of the smallest square, triangle, rectangle or circle, or combination thereof, that will encompass the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed.

Computation of Area of Multifaced Signs. The sign area for a sign with more than one face shall be computed by computing the largest area of the largest sign face.

Computation of Sign Height. The height of a sign shall be computed as the distance from the greater of the base of the sign or its pole at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the grade after construction, exclusive of any filling, berming, mounding or excavating solely for the purpose of locating the sign.

Design, Construction, and Maintenance. All signs shall be designed, constructed and maintained in accordance with the following standards:

Except for banners, flags, yard sale signs, temporary signs and window signs conforming in all respects with the requirements of this section, all signs shall be constructed of permanent materials and shall be permanently attached to the ground, a building or another structure by direct attachment to a rigid wall, frame or structure.

All signs shall be maintained in good structural condition.

Signs Permitted in All Districts. Signs listed in this section are permitted in all zoning districts as defined in this chapter and shall not require permits (except certain real estate marketing signs as defined herein below) and shall not be counted when calculating the number of signs on a premises; however, such signs shall conform with the general regulations for signs enumerated in the remainder of this section:

Name and Address of Resident. Name and address of resident, but not to include any commercial advertising, of not more than two square feet in sign area.

No Trespassing Signs. No trespassing signs or other such signs regulating the use of a property, such as "No Hunting" and "No Fishing," of not more than two square feet in sign area in residential districts, and five square feet in all nonresidential districts.

Signs Regulating On-Premises Traffic, Parking or Other Functional Subjects. Signs regulating on-premises traffic (Examples: "In-Out," "Enter-Exit"), parking or other functional subdivision, such as lavatory facilities, telephone, hours of operation, "open/closed," signs denoting other sections of a premises such as "Lubrication" and "Office," of not more than two square feet in sign area in residential districts, and five square feet in all nonresidential districts. All such signs shall bear no commercial advertising, logos or other identifications.

Signs Erected by a Governmental Body. Signs erected by a governmental body or under the direction of such a body and bearing no commercial advertising, such as traffic signs, railroad crossing signs, safety signs, and signs identifying public schools and playgrounds.

Memorial Signs or Tablets. Memorial signs or tablets and signs denoting the date of erection of buildings, with no more than two square feet of sign area.[1]

[1]

Editor’s Note: Former Subsection 5F, Special Events of Charitable or Public Service Groups, and G, Yard Sale Signs, were repealed 5/14/2018 by Ord. No. 00093.

Signs and Other Devices Prohibited in All Zoning Districts. The following signs and other devices shall not be permitted, erected or maintained in any zoning district, notwithstanding anything else to the contrary contained in this section or elsewhere:

No signs shall emit smoke, visible vapors, particles, sound, or odor.

[Amended by Ord. No. 00093, 5/14/2018]

Light sources which cast light on signs unless shielded by opaque material so that bulbs are not visible from off the property on which the signs are located.

Any sign or sign structure which constitutes a hazard to public safety or health.

Signs which by reason of size, location, content, coloring, or manner or intensity of illumination, distract or obstruct the vision of drivers, either when leaving a roadway or driveway, or obstruct or detract from the visibility or effectiveness of any traffic sign or control device or public streets and roads.

Any sign which obstructs free ingress to or egress from a fire escape, door, window or other required building exit.

Signs which may use of the words such as "Stop," "Look," "One-Way," "Danger," "Yield," or any similar words, phrases, symbols, lights or characters, in such a manner as to interfere with, mislead or confuse traffic.

Any sign which advertises a defunct business or product no longer sold.

Any sign in the R-1, R-2, or R-3 Zoning District in excess of eight square feet or any sign in the Commercial -C1 or Commercial Mixed-CM Zoning District in excess of 30 square feet.

[Amended by Ord. No. 00093, 5/14/2018]

Signs painted on, attached to, or supported by a municipal sign or streetlight standard, stone, cliff, or other natural object.

Searchlights, pennants, spinners, banners and streamers, inflatable balloons and similar devices, except for temporary occasions (such as grand openings) not to exceed 15 days duration and no more than one time a calendar year.

Limit on Number of Signs Per Premises. Notwithstanding anything to the contrary in this section or elsewhere, no more than three signs may be erected or maintained on any premises at any one time, except when a building is located on a corner lot and has public entrances on two or more public ways, or where a building has both a front and rear public entrance, one additional sign may be erected. A double-faced sign shall count as a single sign. Signs enumerated in subsections 5.C, .D and .E shall not be included in calculating the total.

Limit on Height of Signs. No free standing sign or any part thereof (including braces, supports or lights) shall exceed a height of 20 feet.

Permanent Signs in Public Right-of-Way. No permanent signs are allowed in the public right-of-way, except for the following:

[Amended by Ord. No. 00093, 5/14/2018]

Permanent Signs. Permanent signs, including:

(1)

Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information and direct or regulate pedestrian or vehicular traffic.

(2)

Bus stop signs erected by a public transit company.

(3)

Informational signs of a public utility regarding its poles, lines, pipes or facilities.

Emergency Signs. Emergency warning signs erected by a governmental agency, a public utility company or a contractor doing authorized or permitted work within the public right-of-way.

Other Signs Forfeited. Any sign installed or placed on public property, except in conformance with the requirements of this section, shall be forfeited to the public and subject to confiscation. In addition to other remedies hereunder, the Borough shall have the right to recover from the owner or person placing such a sign the full costs of removal and disposal of such signs.

10.

Permitted Signs in Zoning Districts. Signs are permitted in the Borough of Akron as follows:

Residential R-1, Residential R-2, and Residential R3 Districts.

(1)

Signs permitted under subsection .5, as further restricted below.

(2)

Residential Signs. One identification sign per dwelling unit and one sign indicating the private nature of a driveway or premises. If lighted, signs shall be illuminated by incident rays adequately shielded to avoid glare.

(3)

Signs for Uses Permitted for Nonconforming Uses. Signs for the identification of those uses permitted for the identification of nonconforming uses may be approved by the Zoning Hearing Board. The Board shall determine the size and type of sign so as to protect the appearance and character of the district in which it will be located, but in no event may the signs exceed those in the commercial districts in any way.

(4)

[2]All signs are subject to the general regulations of this section.

[2]

Editor’s Note: Former Subsection 10A(4), Real Estate Marking Signs, was repealed 5/14/2018 by Ord. No. 00093. This ordinance also provided for the renumbering of former Subsection 10A(5) through (7) as Subsection 10A(4) through (6), respectively.

(5)

All signs for home businesses or home occupations shall be limited to one sign with a maximum of two square feet, which shall not be located on or that it in any way projects upon any sidewalk or any passageway.

(6)

Permanent Residential Development Signs. Permanent residential development signs at major entrances designed to identify a residential subdivision and containing no commercial advertising shall have a maximum area of 25 square feet.

Commercial C-1 and C-M Districts.

(1)

Signs permitted under subsection .5, are also further restricted below.

(2)

Signs shall identify the name of the facility and/or advertise only services or products available on the premises.

(3)

The total area of all signs shall not exceed 30 square feet.

(4)

Projecting signs, freestanding signs and wall signs shall be subject to the size as stated in subsection .12 and shall be no more than 15 feet above grade.

(5)

The specific criteria in subsection .12 related to certain sign types and uses shall also apply.

(6)

[3]In the Commercial-1 District only, where a lot has access exclusively across a private right-of-way or where secondary access is provided across a private right-of-way, such lot shall be allowed a free-standing sign within said private right-of-way (subject to the other requirements of this chapter) which additional sign may also serve all uses having access through said private right-of-way, but which additional sign shall be subject to the size and other limitations contained in this chapter.

[3]

Editor’s Note: Former Subsection 10B(6), regarding real estate signs, was repealed 5/14/2018 by Ord. No. 00093. This ordinance also provided for the renumbering of former Subsection 10B(7) and (8) as Subsection 10B(6) and (7), respectively.

(7)

All signs are subject to the general regulations of this section.

11.

(Reserved)[4]

[4]

Editor’s Note: Former Subsection 11, Temporary Signs, was repealed 5/14/2018 by Ord. No. 00093.

12.

Additional Criteria for Certain Permanent Sign Types and Uses in the Commercial-C1 and Commercial Mixed-CM Zoning Districts.

[Amended by Ord. No. 00093, 5/14/2018]

Projecting Signs. In addition to the general provisions of this section, the following regulations shall apply to all projecting signs:

(1)

No sign shall project into any building setback.

(2)

No portion of any sign shall be less than eight feet above normal grade.

(3)

No single face of a sign shall exceed 15 square feet in sign area.

(4)

No sign shall have a vertical dimension greater than six feet.

Wall Signs. In addition to the general provisions of this section, the following regulations shall apply to all wall signs:

(1)

No sign shall extend above the top of the wall upon which it is placed.

(2)

No sign, or any part thereof, shall project more than six inches from the wall upon which it is mounted.

(3)

No sign shall extend beyond the left and right extremities of the wall to which it is attached.

(4)

There shall be more than one sign per business on any building or structure, and the aggregate sign area shall have a total area of not more than 25% of the wall area.

(5)

The total of all wall signs on any structure cannot exceed 30 square feet.

Freestanding Permanent Signs. In addition to the general provisions of this section, the following regulations shall apply to all freestanding permanent signs in the Commercial-C1 and Commercial Mixed-CM Zoning Districts:

(1)

Every freestanding sign and all parts, braces and supports thereof shall be located entirely within the property lines of the premises and shall not project over public rights-of-way or other adjoining lands. Freestanding signs may be permitted between the property line and the building setback line, except where otherwise prohibited by this chapter. The base of the sign shall be located behind the street right-of-way. The sign shall be no less than three feet and not more than 15 feet above the curbline, and shall not project closer than seven feet from the curbline or two feet from the right-of-way, whichever is more restrictive of the two.

(2)

A freestanding sign shall have no more than two faces or advertising sides.

(3)

No freestanding sign face or advertising sign shall have any dimension (length, width, diameter, etc.) in excess of 10 lineal feet.

(4)

All freestanding signs hereafter erected shall be centrally located within a planted green area at least equal to the allowable area of a single face or advertising side for the subject sign, which area shall also include ornamental evergreen shrubbery to minimize the visibility of poles, supports and braces of such sign.

(5)

There shall be no more than one freestanding sign for each building. Notwithstanding the foregoing, whenever the provisions of § 27-1237, Subsection 10B(7) apply, there shall be allowed joint usage within a secondary access point (in fee or by easement) of one additional free-standing sign, which additional freestanding sign may be used concurrently by all property owners with rights to use such easement.

Roof Signs. Roof signs are prohibited in the Borough.

13.

Off-Premises Permanent Signs: Billboards.

[Amended by Ord. No. 00093, 5/14/2018]

Signs which advertise products or services, other than those which are sold on the premises where the signs are located and which are not otherwise regulated by any other provision of any other chapter of the Borough of Akron Code of Ordinances, may only be erected in the Commercial- C1 Zoning District and only provided all of the following criteria are met:

(1)

The surface area of the sign does not exceed 200 square feet.

(2)

No sign shall be erected less than 100 feet from an existing residence.

(3)

There shall be a minimum of 750 feet between signs.

(4)

No sign shall be more than 25 feet high.

(5)

The sign shall be set a minimum of 30 feet from the street right-of-way line.

(6)

Only one advertisement of any particular business shall be permitted on each side of the sign.

The provisions of Subsection 13A shall not apply as to free-standing signs within private rights-of-way as are specifically described in § 27-1237, Subsection 10.B(7), hereof.

14.

Electronic Variable Messaging Sign (EVMS).

[Added by Ord. No. 00093, 5/14/2018[5]]

Such signs shall be permitted only on a portion of an approved freestanding sign. The sign area of an EVMS sign shall be a maximum of 60% of the total area of the total freestanding sign.

The display shall have a maximum luminance of 5,000 nits during daylight hours and a maximum of 125 nits from dusk through dawn.

The message displayed on the sign shall be static and nonanimated and shall remain fixed for the minimum of 10 seconds.

When the message is transitioned, it shall be accomplished in one second or less with all moving parts or illumination changing simultaneously and in unison.

The sign shall contain a default design that will freeze the sign in one position if a malfunction occurs, or, in the alternative, it shall shut down.

The sign shall not display any message that moves, appears to move, scrolls, or changes in intensity during the fixed display period.

The sign shall retain a dark-colored background with light-colored graphics, letters or symbols.

There shall be a maximum of one EVMS sign per property.

[5]

Editor's Note: This ordinance also provided for the renumbering of former Subsections 14 through 16 as Subsections 15 through 17, respectively.

15.

Applications and Permits.

Applications for permits to erect, alter or modify permanent signs shall be made to the Zoning Officer.

Except as provided in subsection .5 hereof, it shall be unlawful to commence the erection of any permanent sign or to commence the moving or alteration of any permanent sign until the Zoning Officer has issued a sign permit for such work.

In applying to the Zoning Officer for a sign permit, the applicant shall submit a dimensional sketch or scale plan indicating the shape, size, height and location of all signs to be erected, altered or moved and supply such other information as may be required by the Zoning Officer for determining whether the provisions of this section are being observed. If the proposed sign as set forth in the application is in conformity with the provisions of this section and other ordinances of the Borough then in force, the Zoning Officer shall issue a sign permit for such sign. If the sign permit is refused, the Zoning Officer shall state such refusal in writing with the cause of such refusal explained. The issuance of a permit shall in no case be construed as waiving any provisions of this section.

16.

Removal of Certain Signs. After one year, any sign which advertises business or service no longer in existence on the premises shall be considered to be abandoned. Signs that are abandoned shall be removed by the persons responsible for the erection and/or maintenance thereof or the property owner within 30 days after notice of the abandonment to such persons by the Zoning Officer. If such persons fail or refuse to remove such abandoned signs after the notice aforesaid, the Zoning Officer may (in addition to other remedies in this chapter) remove the signs at the expense of the property owner or the persons responsible for the erection and/or maintenance thereof.

17.

Violations. Any of the following shall be a violation of this chapter and shall be subject to the enforcement remedies and penalties provided by this chapter and by state law:

To install, create, erect or maintain any sign in a way that is inconsistent with any plan or permit governing such sign or the premises on which the sign is located.

To install, create, erect or maintain any sign requiring a permit without such a permit.

To fail to remove any sign that is installed, created, erected or maintained in violation of this chapter.

To continue any such violation.

18.

Special provisions regulating signs for organizational headquarters campus. Organizational headquarters campus signs. In the case of organizational headquarters campuses on an "arterial street" (as described in § 22-504 of the Code of Ordinances, Akron Borough [the Akron Borough Subdivision and Land Development Ordinance]), there may be present no more than two permanent free-standing signs, located on the organizational headquarters campus property. Such signs shall be utilized solely to identify the organization or organizations located on the organizational headquarters campus, the street address of the property, and logos associated with or identified with such organization or organizations. All signs may be individual signs or multifaced signs. A multifaced sign constitutes a single sign for this purpose only. No single face of any sign shall have an area in excess of 25 square feet. Signs shall be governed by the other standards set forth in this section, and particularly the standards for signs in the Commercial C-1 and C-M Zoning Districts set forth in Chapter 27, Part 12, § 27-1237, Subsection 10B hereof. However, the standards set forth in Chapter 27, Part 12, § 27-1237, Subsection 10A, governing signs permitted in Residential R-1 and Residential R-2 Zoning Districts, shall not be applicable.

[Ord. No. 00099, 2/10/2020]

§ 27-1238 Organizational Headquarters Campus.

[Ord. 12-8-97A, 12/8/1997, § 1238; as added by Ord. 99005, 7/12/1999, § 1.D; and amended by Ord. 00079, 5/28/2014, §§ I-VII]

An organizational headquarters campus shall be permitted in the Residential-2 (R-2) Zoning District as a conditional use in accordance with the standards established in this Part. Where the general standards established in any portion of this chapter and the specific criteria established for the organizational headquarters campus conflict, the organizational headquarters campus specific criteria shall supersede and govern.

[Amended by Ord. 00088, 2/13/2017]

Master Development Plan. A developer of an organizational headquarters campus shall submit a master development plan in accordance with this chapter.

Organizational Headquarters Campus Criteria.

(1)

Minimum Requirements.

(a)

Sewer and Water. Both public sewer and public water service are required.

(b)

Pathway Lighting. Interior pathways on the organizational headquarters campus shall be lighted using nonobtrusive landscape lighting. In no circumstances shall the organizational headquarters campus lighting exceed the standards established in § 27-1208 of this chapter.

(c)

Access. Proposed Lot must abut or have access to a Borough street as identified by the Borough on its Comprehensive Plan as either a collector, arterial or minor street.

(d)

Minimum Lot Area. Eight acres of contiguous area. The overall campus headquarters may also include lands in the Residential 2 (R-2) Zoning District that are separated by a street, alley, right-of-way or easement as long as there is at least eight acres of contiguous land.

(e)

Minimum Lot Area, Width and Depth. None, except as based upon required minimum yard dimensions, minimum open area, minimum off-street parking requirements, and other applicable standards of the underlying district contained within this chapter.

(f)

Minimum Yard Dimensions.

Front Yard.

All buildings on the perimeter of the organizational headquarters campus shall be set back at least 40 feet from any adjacent street or lot line of the organizational headquarters campus.

Buildings within the organizational headquarters campus shall be set back a minimum of 25 feet from internal streets, or other improvements; provided, however, that specific dimensional standards established for interior yards shall apply in the event of inconsistency with this standard.

Existing buildings and structures may be integrated into and used as part of an organizational headquarters campus even if such buildings and structures do not comply with the current front yard setback requirements. Existing buildings and structures also may be replaced and expanded as long as the new building or structure will not extend nearer to the street, lot line or an internal improvement than the part of the existing building or structure which is nearest to the street, lot line or internal improvement.

Interior Yards. Open space between separate principal buildings on the lot.

When front to front, rear to rear, or front to rear, parallel buildings shall have 30 feet between faces of the building. If the front or rear faces are obliquely aligned, the above distance may be decreased by as much as 10 feet at one end if increased by similar or greater distance at the other end.

An interior yard of 40 feet is required between end walls of buildings. If the buildings are at right angles to each other, the distance between the corners of the end walls of the building may be reduced to a minimum of 20 feet.

If each building is a detached or semidetached dwelling the separation requirements stated above shall be reduced by 50% as to those dwellings.

Existing buildings and structures may be integrated into and used as part of an organizational headquarters campus even if such buildings and structures do not comply with the requirements for interior yards. Existing buildings and structures also may be replaced and expanded as long the new building or structure will not extend nearer to another building on the campus than the part of the existing building or structure which is nearest to another building on the campus.

(g)

Maximum Impervious Surface/Lot Coverage. Forty percent of the total organizational headquarters campus shall be open space. Lot coverage/impervious surface shall not exceed 60% of the lot. Lot coverage/impervious surface within a public right-of-way shall be excluded from the area that is considered impervious/lot coverage when calculating the lot coverage/impervious surface for an organizational headquarters campus.

(h)

Off-Street Parking. Off-street parking shall be provided in accordance with § 27-1205 of this chapter; provided, that if the owner of an organizational headquarters campus provides evidence establishing to a reasonable degree of certainty that a combined total parking space allocation for the entire organizational headquarters campus will meet the reasonably foreseeable parking needs and be consistent with the purpose of this chapter, Borough Council may reduce the minimum total parking space allocation to the number of spaces shown by the owner's evidence to be adequate. Any parking space allocation so reduced shall be made a condition of an approved conditional use. As part of the conditional use review process, Borough Council may (at its discretion) allow the use of existing parking areas as part of an organizational headquarters campus even if such parking areas do not meet all of the parking requirements set forth in § 27-1205 or do not satisfy the applicable yard and set back requirements, if such parking is deemed adequate by Borough Council for the use(s) proposed and does not create or worsen safety or aesthetic concerns.

(2)

Landscape Buffer. Portions of the perimeter of the organizational headquarters campus that adjoin either:

(a)

Properties with dwellings constructed on them.

(b)

Property which is undeveloped and residentially zone and are not bounded by a public street shall be provided a landscape buffer strip for the length of the portion of the perimeter adjacent to a residential zoning district.

(c)

A landscape buffer shall not be required along the perimeter of the organizational headquarters campus where existing buildings or structures will be used as part of the campus or when an existing building or structure is replaced with a new building or structure to be used as part of the campus as long as there is existing landscaping in place and it is retained. As part of the conditional use review process, Borough Council may require additional landscape buffering and/or fencing if Council deems it necessary based on the proposed use of the existing or new building or structure and the extent and/or condition of the existing landscaping, plus where deemed necessary by Borough Council to protect adjoining residential uses not part of the organizational headquarters campus.

Maximum Building Height.

(1)

Forty feet.

(2)

Buildings located within 150 feet of the lot perimeter shall be limited to three stories.

Accessory Uses. The following accessory uses are specifically recognized:

(1)

Accessory buildings, uses and services customarily incidental to the organizational headquarters campus uses including but not limited to the following:

(a)

Automobile parking lots and parking garages for the use by residents, staff and guests of the organizational headquarters campus.

(b)

Maintenance buildings, workshops and garages that are used to support the organizational headquarters campus, but only if designed to blend into the nearby residential community and operated (except in emergencies or to address weather conditions) only between 7:00 a.m. to 6:00 p.m. prevailing time and no sounds or odors emanate from any such use that are disruptive or offensive for a residential neighborhood.

(2)

Retail sales of goods incidental to and for the convenience of persons or residents directly related to the organization (e.g., flowers, gifts and books). All such sales facilities shall be located within buildings in which the other uses permitted in conjunction with the organization are located. Retail sales may not exceed 2% of the floor area of all buildings within the organizational headquarters campus, or 700 square feet, whichever is greater, and shall serve exclusively residents, staff, and guests of the organization.

(3)

Warehouse and storage facilities incidental to the use only by the organization and directly related organizations for purposes directly related to the purpose for which the organization has been established.

(4)

Research and development facilities incidental to and accessory to the organizational headquarters campus.

(5)

Temporary (not longer than five days) use of organizational headquarters campus dwellings, accessory buildings, and facilities, including dining and kitchen services, for conferences offered to persons in furtherance of the mission or purpose of the organization by the organization or by entities related to the organization.

(6)

Use of organizational headquarters, campus dwellings, dwellings — congregate (dormitory-style), accessory buildings, and facilities, including dining and kitchen services, for summer residential camping programs during the months of May through September each year, including housing of staff. Such use shall include housing of camping staff for the entire period each year and housing of camping program participants.

[Added by Ord. 00088, 2/13/2017]

(7)

Outdoor swimming pools, subject to the provisions of § 27-1222 of this chapter.

[Added by Ord. 00088, 2/13/2017]

(8)

Tennis courts, subject to the provisions of § 27-1223 of this chapter.

[Added by Ord. 00088, 2/13/2017]

(9)

Retreat facilities. Accessory buildings may be used in combination with one another to constitute a retreat facility, i.e., residence quarters, kitchen and dining, and meeting facilities may be located in different buildings. Use of such buildings as a retreat facility shall be limited to seven consecutive days for any one group of persons.

[Added by Ord. 00088, 2/13/2017]

(10)

Detached garages for storage of vehicles and equipment incident to the operation of the organizational headquarters. The capacity of any such detached garage shall not be limited to two or three vehicles, and any such detached garage shall not be considered a detached private garage for purposes of § 27-1214 of this chapter.

[Added by Ord. 00088, 2/13/2017]

(11)

Multiple principal buildings related to this use, but only as specifically described in this chapter.

[Added by Ord. 00088, 2/13/2017]

§ 27-1239 Transitional Housing.

[Ord. No. 00093, 5/14/2018]

Transitional housing shall only be permitted as a special exception, subject to the following criteria:

The maximum number of clients to be served at the facility shall be 10.

The applicant shall provide a detailed description of the proposed use, including, but not limited to, the number of clients to be served at the facility, the nature of clients to be served, the type of treatment and care to be provided, hours of operation, number of employees and residents, licensing requirements, proposed plan of operation, security measures and supervision for the safety of residents and the community.

The applicant shall provide evidence (and copies of all documents) that the facility is sponsored and operated by an agency or entity that is licensed, registered or certified by an applicable county, state or federal agency and that the facility is licensed and/or approved by an applicable county, state or federal agency and, if applicable, the agency or entity holds a valid contract with such applicable county, state or federal agency.

The facility shall have twenty-four-hour on-site supervision by professionals trained to supervise the types of clients to be served by the facility.

The applicant shall show credible evidence that the use being proposed is in strict conformity with all local, county, state and federal guidelines and regulations.

§ 27-1240 Body Art Establishments.

[Ord. No. 00093, 5/14/2018]

Within the Commercial 1 (C-1) Zoning District, body art establishments are a special exception use, subject to the following criteria:

No body art establishment shall be allowed within 1,000 feet of another such body art establishment.

No body art establishment shall be allowed within 100 feet of a residential zoning district.

No body art establishment shall be allowed within 100 feet of a preexisting school, day care or preschool, park or playground, or place of worship.

§ 27-1241 Requirements for Short-term Rentals.

[Ord. No. 00096, 4/8/2019]

The maximum length of stay per registered party shall be less than 30 consecutive days.

No exterior or interior sign intended to be seen by the public shall be permitted.

In addition of meeting the Pennsylvania Uniform Construction Codes and the International Property Maintenance Code (latest editions adopted by the Borough), the premises must meet all of the following:

Operating smoke detector in each bedroom.

Operating smoke detector outside each bedroom in the common hallway.

An additional operating smoke detector and carbon monoxide detector on each level.

GFI outlet required if outlet is located within six feet of a water source (all sinks, sump pumps, etc.).

Aluminum and metal exhaust from dryer (if dryer is provided).

Mounted and visible fire extinguisher in kitchen (2-A, 10BC fire extinguisher or better).

Stairs, including handrail (indoor and outdoor), in good condition.

Covers on all outlets.

Fully functioning bathing and toilet facilities.

Fully functioning kitchen (if one has been installed).

The owner of the dwelling shall reside in the Borough of Akron.

The applicant must meet the International Property Maintenance Code as adopted by the Borough of Akron. The property, for such purposes, shall continue to be considered as a single-family dwelling.

The owner shall in all respects comply with Chapter 13, Licenses, Permits and General Business Regulations, Part 4, Short-Term Rental Permits, of the Borough of Akron Code of Ordinances.