A.
In addition to the general provisions that are established in Articles III through V of this chapter for principal, accessory, or temporary uses, buildings, and structures within a particular zoning district; the additional general provisions for uses, buildings, and structures established in the Article VII and elsewhere in the chapter and Article VI of this chapter relating to Development Compatibility Overlay Zoning District (DCO), this article sets forth the specific standards and supplemental regulations that shall be applied to every principal, accessory, and temporary use identified herein. These specific use standards and supplemental regulations must be satisfied prior to approval of any application for a zoning permit, building permit, occupancy permit, temporary permit, special exception, or conditional use. The applicant shall be required to demonstrate compliance with these standards and regulations and must furnish whatever evidence is necessary to demonstrate such compliance.
B.
All principal, accessory, or temporary uses subsequently identified in this article, must comply with the general provisions for uses within a particular zoning district in which the use is to be located, unless different standards are established in Articles III through V and VI of this chapter; in which case, the more restrictive shall apply.
A.
Apartment conversion. Apartment conversions are permitted, subject
to the following criteria:
[Added 10-6-2016 by Ord.
No. 739]
(1)
The building must be a single-family detached dwelling that existed
on the effective date of this chapter, and contained, at that time,
at least 3,000 square feet of habitable floor area. Additionally,
the gross floor area, building footprint, and building height that
existed on the effective date of this chapter shall not be increased
to accommodate the proposed apartment conversion.
(2)
All apartment conversions shall comply with the maximum density,
minimum net lot area per unit, and all other area and design requirements
for the applicable use in the applicable zoning district [e.g., an
apartment conversion resulting in not more than two total dwelling
units (including the original dwelling unit), then two-family detached
dwelling area and design requirements apply; an apartment conversion
resulting in not more than three or more total dwelling units (including
the original dwelling unit), then multifamily dwelling area and design
requirements apply].
(3)
All principal buildings permitted as part of an apartment conversion
use shall maintain an exterior appearance that resembles and is compatible
with any existing dwelling on the lot and in the neighborhood. No
modifications to the external appearance of the building, except fire
and safety requirements, which would alter its residential character,
shall be permitted.
(4)
Fire escapes, where required, shall be located in the rear or side
(in order of preference) of the building and shall not be located
on any wall facing a street right-of-way, excluding alleys.
(5)
All units contained on floors above or below grade shall have a direct
means of escape to ground level.
(6)
No dwelling unit shall be less than 800 square feet.
(7)
All dwelling units shall be located within the principal building.
(8)
All dwelling units must have separate kitchen and bathroom facilities
as well as living/sleeping spaces.
B.
Mobile/manufactured home park. Mobile/manufactured home parks are
permitted, subject to the following criteria:
(1)
Mobile/manufactured home parks and individual mobile/manufactured homes shall comply with the provisions set forth in Chapter 200 relating to code enforcement and Chapter 480 relating to subdivision and land development, as well as the following:
(a)
Each mobile/manufactured home park shall have a minimum lot
area of five acres.
(b)
Each individual mobile/manufactured home within a mobile/manufactured
home park shall comply with the following density, area, and design
requirements as if said mobile/manufactured home was located on an
individual lot. In addition the standards set forth in Table 550-11-1,
Mobile/Manufactured Home Area and Design Standards, each individual
mobile/manufactured home shall comply with all other area and design
requirements of applicable zoning district:
|
Table 550-11-1
Mobile/Manufactured Home Area and Design Standards
| |
|---|---|
|
Area/Design Features
|
Mobile/ Manufactured Home, per Dwelling Unit
(feet)
|
|
Lot width at front setback line, minimum, for interior lot
|
45
|
|
Lot width at front setback line, minimum, for corner lot
|
60
|
|
Front setback, minimum
|
15
|
|
Side setback, minimum
|
10
|
|
Rear setback, minimum
|
15
|
(c)
In no case shall the distance between any two mobile/manufactured
homes be less than 20 feet, these setbacks shall also apply to the
mobile/manufactured home park office, service, utility, or other buildings.
(d)
No mobile/manufactured home lot shall be within 25 feet of the
mobile/manufactured home park boundary, nor within 35 feet of an outside
street right-of-way.
(e)
Each mobile/manufactured home lot shall contain no more than
one mobile/manufactured home, nor shall it contain more than one family.
(f)
Individual mobile/manufactured homes shall have pitched roofs instead of a flat roof, in accordance with Article VI of this chapter relating to Development Compatibility Overlay Zoning District (DCO).
(g)
Protective skirting shall be placed around the area between
the stand surface and the floor level of each mobile/manufactured
home so as to prevent that area from forming a harborage for rodents,
creating a fire hazard, or exposing unsightly conditions.
(h)
Individual mobile/manufactured home owners may install accessory
or storage sheds, exterior patio areas, and other similar outdoor
structures, as long as they are not attached to the mobile/manufactured
home structure. Any such facilities so installed shall not intrude
into any required front, side, or rear setback, and, in every case,
shall substantially conform in style, quality, and color to the existing
mobile/manufactured homes.
(j)
Buffering and screening shall be provided in accordance with Article VII of this chapter relating to buffering and screening regulations.
(m)
The location, orientation, and lot circulation shall be coordinated
with the Borough in order to minimize the disturbance of adjacent
land uses and neighborhoods.
(n)
All mobile/manufactured homes shall abut a street right-of-way
or approved access easement of the mobile/manufactured home park's
internal private street system. In no case shall access to such mobile/manufactured
homes and mobile/manufactured home lots be provided directly onto,
have frontage, or otherwise abut an external public street right-of-way.
(p)
Curbs, gutters, and sidewalks shall be constructed and installed on both sides of each street within the mobile/manufactured home park (whether public or private) in accordance with Chapter 472 relating to street and sidewalks and Chapter 480 relating to subdivision and land development, in addition to the installation of shade trees, in accordance with the Chapter 480 relating to subdivision and land development and Chapter 499 relating to shade trees.
(q)
Mailboxes provided within the street right-of-way should be
clustered together in an orderly and attractive arrangement or structure.
Individual freestanding mailboxes of noncoordinated types at the curbside
are specifically discouraged.
(r)
There shall be a minimum of 15% of the gross acreage of the
mobile/manufactured home park that shall be devoted to active and/or
passive common recreational facilities. Responsibility for maintenance
of the recreational areas shall be with the landowner and/or the operator.
C.
Multifamily dwelling. Multifamily dwellings are permitted, subject
to the following criteria:
(1)
Dwelling units shall be limited to the following:
(a)
In the UR Zoning District and VMU Zoning District, the maximum
density shall be eight dwelling units per net acre.
(b)
In the OR Zoning District, the maximum density shall be 10 dwelling
units per net acre.
(c)
In the DT Zoning District, the maximum density shall be 12 dwelling
units per net acre, located on upper floors.
(2)
Multifamily dwellings shall comply with the area and design features
set forth in Table 550-11-2, Multifamily Dwelling Area and Design
Standards; otherwise, they shall comply with the standards of the
applicable zoning district:
|
Table 550-11-2
Multifamily Dwelling Area and Design Standards
| |
|---|---|
|
Area/Design Features
|
Standard
|
|
Net lot area, minimum
|
2,000 square feet per DU
|
|
Lot width at front setback line, minimum, for interior lot
|
85 feet
|
|
Lot width at front setback line, minimum, for corner lot
|
100 feet
|
|
Front setback, minimum
|
25 feet
|
|
Side setback, minimum
|
15 feet
|
(3)
In the OR Zoning District, in those instances where more than one
multifamily dwelling building is located on the same lot, the following
separation distances will be provided between each building:
(a)
Front-to-front or rear-to-rear parallel buildings shall have
at least 45 feet between faces of the building. If the front or rear
faces are obliquely aligned, the above distances may be decreased
by as much as 10 feet at one end if increased by similar or greater
distance to the other end.
(b)
A minimum distance of 25 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 15 feet.
(c)
A minimum distance of 25 feet is required between end walls
and front or rear faces of buildings.
(d)
All multifamily dwellings shall be set back a minimum of 15
feet from any interior access drives or parking facilities contained
on commonly held lands.
(e)
In no case shall there be more than eight dwelling units per
building.
(4)
Mailboxes provided within the street right-of-way should be clustered
together in an orderly and attractive arrangement or structure. Individual
freestanding mailboxes of noncoordinated types at the curbside are
specifically discouraged.
D.
Single-family attached dwelling. Single-family attached dwellings
are permitted, subject to the following criteria:
(1)
Single-family attached dwellings shall comply with the area and design
features set forth in Table 550-11-3, Single-Family Attached Dwelling
Area and Design Standards; otherwise, they shall comply with the standards
of the applicable zoning district:
|
Table 550-11-3
Single-Family Attached Dwelling Area and Design Standards
| |
|---|---|
|
Area/Design Features
|
Standard
|
|
Net lot area, minimum
|
2,400 square feet per DU
|
|
Lot width at front setback line, minimum, for interior lot
|
24 feet
|
|
Lot width at front setback line, minimum, for corner lot
|
39 feet
|
|
Side setback, minimum
|
10 feet, except 0 feet at the shared lot line of lawfully attached
dwellings constructed with a shared common party wall and the written
consent of the owner of the abutting lot and building
|
(2)
The maximum number of single-family attached dwelling units in a
row shall be six.
(3)
In addition, each single-family attached dwelling unit shall be distinguished
from the adjacent single-family attached dwelling unit in some appropriate
manner including by varying unit width, use of different exterior
materials, or varying arrangements of entrances or windows.
(4)
For buildings located on corner lots with single-family attached
dwelling units, there shall be at least one single-family attached
dwelling unit with its primary front facade and orientation and/or
location of the main or everyday entrance, and its address, on each
of the intersecting streets, excluding minor access streets.
(5)
Single-family attached dwelling units shall be designed so that garages
or carports are not an overly prominent part of the view from public
street right-of-way. For purposes of this section, the term "garage
door" shall also include a carport's front entry opening, unless otherwise
specified in this chapter:
(a)
Front-loaded garages shall be limited as follows:
[1]
A garage door with a width of greater than 50% of the width
of the principal building's front facade shall be prohibited.
[2]
A garage door with a width greater than or equal to 25% but
less than 50% of the width of the principal building's front facade
shall be set back at least 16 feet behind the front building line.
[3]
A garage door with a width less than 25% of the width of the
principal building's front facade may be parallel with (incorporated
as part of) or behind the principal building's front facade.
[4]
In no case shall a front loaded garage or carport extend closer
toward the front lot line than any part of the principal building's
front facade.
(c)
Garages and carports shall be architecturally designed to be
compatible and harmonize with the residential use or dwelling to which
it they are appurtenant. Garages shall be located so that the swing
of the opening door shall not in any case extend beyond any lot line.
(6)
Mailboxes provided within the street right-of-way should be clustered
together in an orderly and attractive arrangement or structure. Individual
freestanding mailboxes of noncoordinated types at the curbside are
specifically discouraged.
E.
Two-family detached dwelling. Two-family detached dwellings are permitted,
subject to the following criteria:
(1)
For two-family detached dwelling buildings containing side-by-side
dwelling units and located on corner lots, there shall be at least
one dwelling unit with its primary front facade and orientation and/or
location of the main or everyday entrance, and its address, on each
of the intersecting streets, excluding minor access streets.
[Amended 2-6-2014 by Ord.
No. 720]
A.
Animal hospital. Animal hospitals are permitted, subject to the following
criteria:
(1)
In the OFF Zoning District and CG Zoning District, all structures
where animals are kept that are not completely enclosed, and also
including any outdoor animal pens, stalls, and runways and within
all zoning districts shall be a minimum of:
(2)
All areas used for outdoor grazing or exercise of animals shall be
enclosed or securely fenced to prevent the escape of animals.
(3)
Where outdoor animal pens, stalls, or runways are permitted, animals
shall be permitted to exercise outside daily between the hours of
8:00 a.m. to 8:00 p.m.
B.
Automobile, boat, heavy equipment, mobile/manufactured home, recreational
vehicle, and other similar motor vehicle rental/sales, repair/service,
washing, and/or fuel/gas sales. Automobile, boat, heavy equipment,
mobile/manufactured home, recreational vehicle, and other similar
motor vehicle rental/sales, repair/service, washing, and/or fuel/gas
sales are permitted, subject to the following criteria:
(1)
Automobiles, boats, heavy equipment, mobile/manufactured homes, recreational
vehicles or other similar motor vehicles offered for rent or for sale,
in any state of being fixed/serviced, or washed/dried, or otherwise
stored, displayed, or serviced shall not occupy any part of the existing
or future street right-of-way (including sidewalks and minor access
streets) or required off-street parking areas.
(2)
All storage, inventory display/sales, parking areas, and servicing
of automobiles, boats, heavy equipment, mobile/manufactured homes,
recreational vehicles or other similar motor vehicles shall be kept
in an orderly fashion to maintain circulation for emergency response.
(3)
All buildings and structures (including fuel/gasoline pumps, but
excluding permitted signs) shall be set back at least 25 feet from
any street right-of-way or lot line.
(4)
All permitted activities except for the inventory display/sales,
parking, and those activities normally required to be performed at
the gasoline/fuel pumps, air pumps, or washing and vacuuming areas
shall be performed within a completely enclosed building.
(5)
Where outside automobiles, boats, heavy equipment, mobile/manufactured homes, recreational vehicles or other similar motor vehicles sales or rental inventory display areas abut a street right-of-way, a perimeter landscape strip, a minimum of five feet in width planted with a hedge, masonry wall, and/or other desirable planting of at least two feet in height, along with grass or other living ground cover, shall be planted, mulched and maintained on all portions of the perimeter landscape strip, and shall be provided and protected by permanent curbing, or otherwise comply with Article IX this chapter.
(6)
No more than three vehicles may be stored per repair/service bay.
(7)
The demolition or junking of automobiles, boats, heavy equipment,
mobile/manufactured homes, recreational vehicles or other similar
motor vehicles is prohibited.
(8)
The storage of inoperable automobiles, boats, heavy equipment, mobile/manufactured
homes, recreational vehicles or other similar motor vehicles and related
parts shall be within a completely enclosed building.
(9)
The outdoor storage of automobiles, boats, heavy equipment, mobile/manufactured
homes, recreational vehicles or other similar motor vehicles on the
property without current registration is prohibited.
(10)
No automobiles, boats, heavy equipment, mobile/manufactured
homes, recreational vehicles or other similar motor vehicles, except
those with current registration and offered for sales/rental, shall
be stored upon the site for more than 30 days.
(11)
Automobiles, boats, heavy equipment, mobile/manufactured homes,
recreational vehicles or other similar motor vehicles washing facilities
are permitted, subject to the following additional criteria:
(a)
The applicant shall provide evidence that adequate measures
will be in place to prevent pollutants from being washed into the
groundwater or waterways. Any chemicals that may be hazardous to aquatic
life shall be stored within an area that will completely contain any
leaks or spills.
(b)
Gray water recycling is mandatory.
(c)
Water from the vehicle wash operation shall not flow onto sidewalks
or streets.
C.
Bed-and-breakfast. Bed-and-breakfasts are permitted, subject to the
following criteria:
(1)
The lot proposed for development must contain a single-family detached
dwelling.
(3)
The owner of the facility or resident manager must reside upon the
premises. Proof of residency shall be provided.
(4)
Overnight guests shall not occupy the facility for more than 14 consecutive
nights in a thirty-day period.
(5)
No cooking facilities shall be provided or permitted in individual
guest bedrooms.
(6)
Accessory uses, customarily incidental to the use of a bed-and-breakfast,
shall be permitted as long as they are permitted accessory and/or
principal uses in the applicable zoning district, complement the bed-and-breakfast
use, and do not encumber activities of surrounding lots.
D.
Boarding house. Boarding houses are permitted, subject to the following
criteria:
(1)
Accommodations shall be limited to the following:
(a)
In the UR Zoning District, the maximum number of tenant/guest
rooms for rent shall be three, and the boarding house shall not accommodate
more than five tenants/guests.
(b)
In the OR Zoning District and the DT Zoning District, the maximum
number of tenant/guest rooms for rent shall be eight, and the boarding
house shall not accommodate more than 12 tenants/guests.
(2)
All tenant/guest rooms shall be limited to two tenants/guests each.
(3)
The owner of the facility or resident manager must reside in the
boarding house. Proof of residency shall be provided.
(4)
All tenant/guest rooms available for boarding shall be located within
the principal building.
(5)
Ingress and egress to the boarding house for the public and any tenants/guests
shall be through one common exterior entrance.
(6)
Access to all boarding rooms shall be through the interior of the
building. No exit doors from individual boarding rooms shall lead
directly to the exterior of the building.
(7)
Each tenant/guest room size shall have a minimum habitable floor
area of 70 square feet for one tenant/guest and 120 square feet for
two tenant/guests, exclusive of common areas.
(8)
Residents must have on-site access to shared common areas for cooking
and eating. A common kitchen facility equipped for cooking meals located
on site must be available to the residents, or daily meals must be
provided on site for the residents of the boarding house.
(9)
Meals for compensation shall be provided only to registered tenants/guests
of the boarding house. No cooking facilities shall be provided or
permitted in the individual tenant/guest rooms.
(10)
Each floor must contain at least one fully equipped bathroom
for every five tenants/guests that is accessible from a common hallway.
(11)
All tenants/guests must execute a lease before occupancy.
(12)
Tenants/guest rooms must be leased to the same tenant/guest
for at least seven consecutive days.
E.
Commercial recreation, outdoor. Outdoor commercial recreation facilities
are permitted, subject to the following criteria:
(1)
The required setbacks shall be as follows:
(a)
All outdoor recreation and activity areas shall be set back
at least 100 feet from the street right-of-way and any adjacent property
in the residential zoning districts or existing residential use in
the mixed-use zoning districts.
(b)
Any structures exceeding the maximum permitted height may be
permitted as long as they are set back from all lot lines at least
the horizontal distance equal to their height, plus an additional
25 feet.
(c)
Otherwise, all structures shall comply with the applicable zoning
district setback requirements.
F.
Convenience store. Convenience stores are permitted, subject to the
following criteria:
(1)
If motor vehicle washing and/or fuel/gasoline sales are provided
as part of the convenience store, then such use shall comply with
all applicable provisions of automobile, heavy equipment and similar
motor vehicle washing, or fuel/gasoline sales contained in this article,
except that no sale, rental, repair, or servicing of motor vehicles
shall occur.
(2)
All activities except parking and those normally required to be performed
at the fuel pumps, air pumps, washing, and vacuuming areas shall be
performed within a completely enclosed building.
(3)
If restaurant and food service facilities are provided as part of
the convenience store, then such use shall comply with all applicable
provisions of restaurants and food services.
G.
Farmer's/flea market, outdoor. Outdoor farmer's markets or flea markets
are permitted, subject to the following criteria:
(1)
All outdoor display and sales areas shall comply with this Article XI of this chapter, relating to outside display and sales.
(2)
All outdoor display and sales of merchandise shall begin no earlier
than one hour before official sunrise, and must be completed no later
than one hour after official sunset.
I.
Home improvement center, lumber sales, and building materials sales.
Home improvement centers, lumber sales facilities, and building materials
sales facilities are permitted, subject to the following criteria:
(1)
All outdoor display and sales areas shall comply with this Article XI of this chapter relating to outside display and sales.
(2)
All permitted activities, including drilling, cutting, sawing, mixing,
crushing, or some other preparation of building materials, plus any
testing or repair of motorized equipment, except for inventory display/sales
and parking, shall be conducted within a completely enclosed building.
J.
Hotel. Hotels are permitted, subject to the following criteria:
(1)
Any accessory eating, drinking, retail, personal service, and/or
meeting room use should be directly accessible by passing through
the principal hotel building.
(2)
Each rental unit/room shall have its own toilet and bathing or shower
facilities.
(3)
In the Downtown Zoning District, no structure occupied in whole or
part by a hotel shall be located within 25 feet of any adjacent property
in the Suburban Residential Zoning District.
K.
Kennel, commercial. Commercial kennels are permitted, subject to
the following criteria:
(1)
All structures where animals are kept that are not completely enclosed,
including any outdoor animal pens, stalls, and runways, shall be a
minimum of:
(2)
All areas used for outdoor exercise of animals shall be enclosed
or securely fenced to prevent the escape of animals.
(3)
Where outdoor animal pens, stalls, or runways are permitted, animals
shall be permitted to exercise outside daily between the hours of
8:00 a.m. to 8:00 p.m.
(4)
The kennel shall be operated in full compliance with the state animal
welfare act and applicable state kennel regulations.
L.
Mini storage warehouse. Mini storage warehouses are permitted, subject
to the following criteria:
(1)
Parking may be provided along interior traffic aisles adjacent to
the buildings. These aisles shall be at least 26 feet wide when storage
units open onto one side of the aisle only and at least 30 feet wide
when storage units open onto both sides of the aisle.
(2)
Nothing shall be stored in interior traffic aisles, required off-street
parking areas, loading areas, or accessways.
(4)
Mini storage units shall be used solely for the storage of property.
The following uses are expressly prohibited upon the site:
(a)
Auctions, commercial wholesale or retail sales, or garage/yard
sales.
(b)
Offices or residential dwellings.
(c)
The servicing, repair, or fabrication of motor vehicles, boats,
trailers, lawn mowers, appliances, or other similar equipment.
(d)
The operation of power tools, spray-painting equipment, table
saws, lathes, compressors, welding equipment, kilns, or other similar
equipment.
(e)
The establishment of a warehousing, distribution, and wholesaling
business.
(f)
The storage of trash, radioactive or highly toxic substances,
garbage, refuse, explosives or flammable materials, hazardous substances,
animal carcasses or skins, or similar items that are dangerous, noxious
or offensive because of odors, dust, noise, fumes, or vibrations.
(5)
All "overhead" or "roll-up" doors on mini storage units or outdoor
storage areas shall not be located directly facing toward any abutting
property in the residential zoning districts or existing residential
use in the mixed-use zoning districts.
(6)
Minimum separation between buildings shall be 20 feet, and shall
allow safe passage for emergency vehicles.
(7)
Exterior trash and recycling receptacles shall be provided. Such
trash receptacles shall be routinely emptied to prevent the scattering
of litter and debris. All applications shall include a description
of a working plan for the cleanup of litter.
M.
Motel. Motels are permitted, subject to the following criteria:
N.
Nightclub. Nightclubs are permitted, subject to the following criteria:
(1)
A nightclub serving alcohol shall be located in accordance and otherwise
comply with the provisions of the Pennsylvania Liquor Control Board.
(2)
In the Downtown Zoning District, no structure occupied in whole or
part by a nightclub shall be located within 25 feet of any adjacent
property in the Suburban Residential Zoning District.
O.
Parking lot/parking structure. Parking lots/parking structures are
permitted, subject to the following criteria:
(1)
Off-street surface parking lots abutting public street right-of-way, shall be provided with a continuous street-fronting fence, wall, or a perimeter planting at least 36 inches in height. The perimeter planting shall be at least five feet in depth measured from all sides of the parking area towards the property/street line with a mix of mid and low-level screening in accordance with Article VII of this chapter relating to buffer and screening regulations. Wall breaks for access drives and driveways shall be not more than 25 feet in width.
(2)
In no case shall parking lots be permitted as a principal use or
as an accessory use on a lot without a permitted principal use on
the lot in the residential zoning districts, or in any zoning district
where parking lots are not permitted principal uses. In order to provide
for additional accessory parking for a permitted principal use, such
parking shall be located on the same lot as the permitted principal
use.
(3)
All aboveground, off-street parking garages and structures shall
comply with all provisions for principal buildings and uses in the
zoning district where the parking structures and building is proposed.
(4)
In the mixed-use zoning districts:
(a)
Driveways, access drives or other points of ingress/egress for
motor vehicles shall generally be taken from minor access streets.
(b)
Off-street surface parking lots shall not be located along,
have frontage on, or otherwise abut Market Street or Third Street.
(c)
Off-street surface parking lots shall not be located on corner
lots, or on or adjacent to the intersection of two streets.
(d)
Aboveground parking garages and structures located along any
street right-of-way line, excluding minor access streets, shall be
provided with continuous, usable, street-fronting, ground-level, nonresidential
facades, space, or uses along the entire length of the structure,
except for ingress and egress points necessary for retain store entrances
and pedestrian entrances to stairs and elevator lobbies into the garage
or structure.
(e)
In the Downtown Zoning District, no structure occupied in whole
or part by a parking structure shall not be permitted as a principal
use located within 25 feet of any adjacent property in the Suburban
Residential Zoning District.
P.
Sexually oriented business and/or related uses. Sexually oriented
businesses and related uses are permitted, subject to the following
criteria:
(1)
No portion of a building occupied by a sexually oriented business
and/or related use shall be located within 2,500 feet of any other
sexually oriented business and/or related use.
(2)
No portion of a building occupied by a sexually oriented business
and/or related use shall be located within 500 feet of any:
(a)
Adjacent property in the residential zoning districts or existing
residential use in the mixed-use zoning districts; or
(b)
Property which contains any one or more of the following specified
land uses where minors may congregate:
[1]
Indoor or outdoor commercial recreation facility.
[2]
Day-care facility primarily for children.
[3]
Library.
[4]
Park, playground, playfield.
[5]
Place of worship.
[6]
School, private/public.
[7]
Swimming pool, public.
[8]
Other lands, buildings, and uses where minors are permitted
to congregate.
(3)
No materials, merchandise, or film offered for sale, rent lease,
loan, or for view upon the premises, shall be exhibited or displayed
outside of a building or structure.
(4)
Any building or structure used and occupied as a sexually oriented
business and/or related use shall have an opaque covering over all
windows or doors of any area in which materials, merchandise, or film
are exhibited or displayed, and no sale materials, merchandise, or
film shall be visible from outside of the building or structure.
(5)
All signs shall comply with Article VIII of this chapter. No sign shall be erected upon the premises pictorially depicting or giving a visual representation of the type of materials, merchandise or film offered therein.
(6)
Each entrance to the premises shall be posted with a notice specifying
that persons under the age of 18 years are not permitted to enter
therein and warning all other persons that they may be offended upon
entry.
(7)
The use shall not create an enticement for minors because of its
proximity to nearby uses where minors may congregate.
(8)
No unlawful sexual activity or conduct shall be permitted.
Q.
Tavern/bar. Taverns/bars are permitted, subject to the following
criteria:
(1)
A tavern/bar shall be located and operated in accordance with the
provisions of the Pennsylvania Liquor Control Board.
(2)
In the Downtown Zoning District, no structure occupied in whole or
part by a tavern or bar shall be located within 25 feet of any adjacent
property in the Suburban Residential Zoning District.
R.
Laundry and dry-cleaning facility, personal. Personal laundry and
dry-cleaning facilities are permitted, subject to the following criteria:
(1)
In the Downtown Zoning District, no structure occupied in whole or
part by a personal laundry or dry-cleaning facility shall be located
within 25 feet of any adjacent property in the Suburban Residential
Zoning District.
S.
Liquor store. Liquor stores are permitted, subject to the following
criteria:
(1)
In the Downtown Zoning District, no structure occupied in whole or
part by a liquor store shall be located within 25 feet of any adjacent
property in the Suburban Residential Zoning District.
T.
Restaurant. Restaurants are permitted, subject to the following criteria:
(1)
In the Downtown Zoning District, no structure occupied in whole or
part by a restaurant shall be located within 25 feet of any adjacent
property in the Suburban Residential Zoning District.
U.
Tattoo parlor/body piercing. Tattoo parlor/body piercing are permitted,
subject to the following criteria:
(1)
In the Downtown Zoning District, no structure occupied in whole or
part by a tattoo parlor or body piercing shall be located within 25
feet of any adjacent property in the Suburban Residential Zoning District.
A.
Automobile wrecking, junk and scrap storage and sales. Automobile
wrecking, junk and scrap storage and sales are permitted, subject
to the following criteria:
(1)
Automobile wrecking, junk and scrap storage and sale establishments
shall have a minimum lot area of five acres.
(2)
All junk, scrap, machinery, or equipment stored outside shall be
set back at least:
(3)
All junk, scrap, machinery, and equipment stored outside shall be
at least 200 feet from any adjacent property in the residential zoning
districts or existing residential use in the mixed-use zoning districts.
(4)
No junk, scrap, machinery or equipment of any kind shall be stored
in a required front, side, or rear setback. All unpaved setbacks shall
be covered with grass or similar vegetative material and shall at
all times be kept clean, vacant, and well maintained.
(5)
In addition to screening and buffering requirements set forth in Article VII of this chapter relating to buffer and screening regulations, all materials and activities not within completely enclosed buildings shall be surrounded by a fence or wall at least six feet in height with no less than one-hundred-percent opacity. Any gate in a fence shall be similarly constructed and maintained and shall be kept securely locked at all times when the establishment is not in operation.
(6)
No material shall be placed in any establishment in such a manner
that it is capable of being transferred off the premises by wind,
water, or other natural causes. All paper, cloth, rags and other fibers,
and activities involving the same, other than loading and unloading,
shall be within fully enclosed building.
(7)
All junk shall be stored or arranged so as to permit access by emergency
responders and to prevent the accumulation of water, and no junk,
scrap, machinery or equipment shall be piled to a height greater than
10 feet.
(8)
No material may be stored or stacked so that it is visible from abutting
properties or adjoining street rights-of-way.
(9)
No material shall be burned or incinerated at any time.
(10)
No automotive wrecking, junk, scrap storage and sales establishments
shall be located on land with a slope in excess of 5%.
(11)
All vehicles within the automotive wrecking, junk, scrap storage
and sales establishments shall be completely drained of fuel, lubricants,
battery fluid, transmission fluid, brake fluids, coolants, and air-conditioning
fluids.
B.
Mineral extraction. Mineral extraction is permitted, subject to the
following criteria:
(1)
All areas of excavation shall be set back from property that is not
owned by the owner or operator of the mineral extraction use at least:
(a)
One hundred feet from existing public street rights-of-way and
from all exterior lot lines of the property.
(b)
One hundred fifty feet from commercial or industrial uses, unless
the owner of the abutting lot and building has provided written consent.
(c)
One hundred fifty feet from any abutting lot line of any existing
publicly owned recreation area.
(d)
Two hundred fifty feet from any adjacent property in the residential
zoning districts or existing residential use in the mixed-use zoning
districts.
(2)
In addition to screening and buffering requirements set forth in Article VII of this chapter relating to buffer and screening regulations, except as provided herein, the site shall be surrounded by a seventy-five-foot buffer yard, and a fence or wall at least six feet in height shall be provided along all exterior lot lines that are within 250 feet of an area of excavation and provide with screening of not less than one-hundred-percent opacity. Any gate in a fence shall be similarly constructed and maintained and shall be kept securely locked at all times when the establishment is not in operation.
(3)
In addition to any requirements in Article IX of this chapter and/or Chapter 480 relating to subdivision and land development, all access drives serving the site shall have a paved minimum thirty-five-foot-wide cartway for a distance of at least 200 feet from the intersecting street right-of-way line. In addition, a fifty-foot long gravel section of access drive should be placed just beyond the preceding two-hundred-foot paved section to help collect any mud that may have attached to a vehicle's wheels.
(4)
Warning signs shall be placed at intervals of not less than 100 feet
along all exterior lot lines that are within 250 feet of an area of
excavation.
(5)
Any new operation or expansion of an existing mineral extraction
establishment shall not be approved by the Borough until a soil erosion
and sedimentation control plan has been prepared, and found to be
satisfactory by the County Conservation District.
(6)
A copy of all site plan information required by the state DEP shall
also be submitted to the Borough as part of the application.
(7)
A detailed and appropriate land reclamation and reuse plan of the
area to be excavated shall be submitted to the Borough.
(8)
After areas are used for mineral extraction, those areas shall be
reclaimed in phases to a nonhazardous and environmentally sound state
to enable some productive or beneficial future use.
[Amended 2-6-2014 by Ord.
No. 720]
A.
Cemetery. Cemeteries are permitted, subject to the following criteria:
(1)
The total impervious lot coverage shall not exceed 10% of the lot
area.
(2)
All burial plots and all structures shall be located at least 25
feet from any lot line or street right-of-way line.
(3)
No burial plot shall be permitted in any floodway or flood fringe as provided for Article VI of this chapter relating to Floodplain Overlay Zoning District (FPO).
(4)
Where permitted, any materials not within completely enclosed buildings shall in addition to the requirements set forth in Article VII of this chapter relating to buffer and screening regulations, be surrounded by a fence or wall at least six feet in height, and provided with screening of not less than eighty-percent opacity.
(5)
The owner(s) and operator(s) of a cemetery shall incorporate best
managements practices as outlined in the Pennsylvania Handbook of
Best Management Practices for Developing Areas to minimize negative
impacts of erosion, siltation and surface water and groundwater contamination.
(6)
At no time shall a corpse be exposed or visible from a public right-of-way
or adjacent property.
(7)
Any escrow account provided for by state or federal law shall be
established in favor of the Borough.
B.
Clubhouse or lodge, private. Private clubhouses and lodges are permitted,
subject to the following criteria:
(1)
Where permitted, all outdoor recreation and activity areas shall
be set back at least 50 feet from any lot line.
(2)
No sign advertising the sale of food and/or beverages shall be permitted.
(3)
In the Downtown Zoning District, no structure occupied in whole or
part by a private clubhouse or lodge shall be located within 25 feet
of any adjacent property in the Suburban Residential Zoning District.
C.
Continuing care retirement community facility. Continuing care retirement
community facilities are permitted, subject to the following criteria:
(1)
Whenever a party or parties seeks to establish a continuing care
retirement facility, the party or parties shall file a detailed statement
of intent with the Borough describing the proposed use and development
of the lot. Such statement shall detail the proposed number and nature
of the anticipated occupants and uses. The statement shall identify
how said use satisfies a demonstrated need and how it will be conducted
in a responsible manner without detriment to surrounding properties
and neighborhood.
(2)
The continuing care retirement community facility is designed primarily
for persons aged 55 and over.
(3)
The continuing care retirement community facility shall be directly
affiliated with a parent institution or organization, which shall
provide full-time supervision and administration of the residents
of the continuing care retirement community facility.
(4)
The following uses shall be permitted as principal uses within a
continuing care retirement community facility:
(5)
The following uses shall be permitted as accessory uses in the continuing
care retirement community facility for the use of residents and guests:
(b)
Each accessory use shall be located in a building occupied by
residential uses or in a community activities building.
(c)
Each accessory commercial use shall not exceed 2,500 square
feet of net floor area.
(d)
The total area reserved of accessory commercial uses shall not
exceed 4% of the total gross land area of the original tract/lot,
or no more than 25,000 square feet, whichever is less.
(6)
Continuing care retirement communities shall meet the following area,
density, impervious lot coverage, and setback requirements:
(a)
The minimum lot area shall be five acres.
(b)
The maximum density shall be 12 units per acre.
(c)
The maximum impervious lot coverage shall be 60%.
(d)
The minimum vegetative coverage shall be 40%.
(e)
No building shall be within 25 feet of the lot or property line
of the continuing care retirement community, or within 35 feet of
a public street right-of-way.
(f)
In instances where there is more than one building on a single
lot, the following minimum building separation requirements shall
apply:
(g)
Staging of development. When the continuing care retirement
community is to be developed in stages, the following criteria must
be met:
[1]
The land development plan presented to the Borough must show
the approximate location and type of use for each stage of the development.
[2]
If nonresidential uses will be a part of the development, the
sequencing shall be shown so that not all residential development
is constructed prior to the construction of the nonresidential development,
unless the development involves an existing continuing care retirement
community that already includes existing nonresidential components,
in which case, the staging requirement would not apply.
D.
Day care, commercial. Commercial day cares are permitted, subject
to the following criteria:
(1)
An outdoor play area for children shall be provided. Off-street parking
lots and areas shall not be used as outdoor play areas. Outdoor play
areas shall not be located in the front yard between the principal
building and the public street, excluding minor access streets. All
outdoor play areas must provide a means of shade [e.g., shade tree(s)
or pavilion(s)]. Any vegetative materials located within outdoor play
areas shall be of a nonharmful type (e.g., poisonous, thorny, allergenic,
etc.).
(a)
Additionally, outdoor play areas shall be located at least 20 feet from any abutting property in the residential zoning districts or existing residential use in the mixed-use zoning districts, provided with fence of at least four feet in height and screened in accordance with Article VII of this chapter relating to buffer and screening regulations. Outdoor play areas shall be limited to use between 8:00 a.m. and 8:00 p.m.
E.
Group care facility. Group care facilities are permitted, subject
to the following criteria:
(1)
Whenever a party or parties seeks to occupy a dwelling or other building
as a group care facility, the party or parties shall file a detailed
statement of intent with the Borough describing the proposed use of
the dwelling or building. Such statement shall detail the proposed
number and nature of the anticipated occupants. The statement shall
identify how said use satisfies a demonstrated need and shall be conducted
in a responsible manner without detriment to surrounding properties
and neighborhood.
(2)
No portion of a group care facility shall be located within 500 feet
of another group care facility, group home facility, halfway house,
and/or treatment center, and in no case shall more than one group
care facility be located within the same block.
(3)
A group care facility shall be directly affiliated with a parent
institution or organization, which shall provide full-time supervision
and administration to the residents of the group care facility.
(4)
Under no circumstances shall any uses qualifying for or falling under
the definition of a "halfway house" or "treatment center" be considered
a group care facility.
(5)
In the Downtown Zoning District, no structure occupied in whole or
part by a group care facility shall be located within 25 feet of any
adjacent property in the Suburban Residential Zoning District.
F.
Hospital. Hospitals are permitted, subject to the following criteria:
(1)
Emergency entrances shall not be located or oriented directly toward
any adjacent property in the residential zoning districts or existing
residential use in the mixed-use zoning districts.
G.
Long-term care facility or personal care facility. Long-term care
facilities or personal care facilities are permitted, subject to the
following criteria:
(1)
Whenever a party or parties seeks to establish a long-term care facility
or personal care facility on a lot or occupy a dwelling or other building
as a long-term care facility or personal care facility, the party
or parties shall file a detailed statement of intent with the Borough
describing the proposed use and development of the lot or dwelling
or building. Such statement shall detail the proposed number and nature
of the anticipated occupants. The statement shall identify how said
use satisfies a demonstrated need and shall be conducted in a responsible
manner without detriment to surrounding properties and neighborhood.
(2)
In addition to residential units' living and sleeping quarters with
or without kitchen facilities, the following accessory uses may be
provided for the use of residents and their guests:
(3)
In instances where there is more than one building on a single lot,
the following minimum building separation requirements shall apply:
(4)
A long-term care facility or personal care facility shall be directly
affiliated with a parent institution or organization, which shall
provide full-time supervision and administration to the residents
of the long-term facility or personal care facility.
H.
Park, playground and other noncommercial recreational use. Parks,
playgrounds, and other noncommercial recreational uses are permitted,
subject to the following criteria:
(1)
Parks, playgrounds, and other noncommercial recreational uses shall
be developed in a manner that preserves natural features, watercourses,
unique rock outcrops, slopes of greater than 15%, and vegetation.
I.
Treatment center. Treatment centers are permitted, subject to the
following criteria:
(1)
A treatment center shall be directly affiliated with a parent institution
or organization, which shall provide full-time supervision and administration
to the residents of the treatment center.
(2)
A common cooking and eating area must be provided; no cooking or
dining facilities shall be provided in individual rooms or suites.
(3)
The residents of the treatment center shall reside on the premises.
(4)
No portion of a building occupied by a treatment center shall be
located within 250 feet of any adjacent property in the residential
zoning districts or existing residential use in the mixed-use zoning
districts.
(5)
No portion of a treatment center shall be located within 500 feet
of another treatment center, group home facility, group care facility,
and/or halfway house, and in no case shall more than one treatment
center be located within the same block.
(6)
No portion of a building occupied by a treatment center use shall
be located within 500 feet of any property which contains any one
or more of the following specified land uses where minors may congregate:
(7)
Each application shall be accompanied by a statement describing the
following:
(a)
The composition of the treatment center.
(b)
The policies and goals of the treatment center and the means
proposed to accomplish those goals.
(c)
The characteristics of the residents and number of residents
to be served.
(d)
The operating methods and procedures to be used.
(e)
Any other facts relevant to the proposed operation of the treatment
center.
A.
Agricultural operation. Agricultural operations are permitted, subject
to the following criteria:
(1)
The raising and/or keeping of livestock and poultry shall only be permitted in the OR Zoning District, in accordance with Chapter 146 relating to animals.
(a)
All areas utilized for grazing or pasture areas shall be fenced
a minimum of 10 feet from all lot lines.
(b)
The applicant shall demonstrate that the methods of disposing
of dead animals are in strict compliance with applicable standards
established by PA DEP. Dead turkeys, chickens, or piglets shall be
kept in airtight containers. Larger dead animals shall be kept in
a manner so as to minimize the spread of odors and disease.
(2)
Otherwise, the following setbacks shall be required:
(a)
Except for dwellings and residential accessory use and structures
which shall comply with the residential area and design requirements
of applicable zoning district, all structures, except fences, shall
have a minimum setback of 50 feet.
(3)
The applicant shall demonstrate that the agricultural operation allows
for the safe and efficient movement of all vehicles associated with
the operation.
(4)
The applicant shall demonstrate environmental impacts that are likely to be generated by surface water and stormwater runoff and specific measures employed to mitigate or eliminate any negative impacts, in accordance with Chapter 460 relating to stormwater management and approved by the Borough Engineer. At a minimum, surface water and stormwater runoff from the site shall be diverted away from adjacent properties and public rights-of-way, and shall not contaminate downstream watercourses. The applicant also shall further furnish evidence that the impacts generated by the proposed use fall within acceptable levels, as regulated by applicable laws and ordinance, including, but not limited to, those listed in Article VII of this chapter relating to performance standards for all uses.
B.
Community garden. Community gardens are permitted, subject to the
following criteria:
(1)
The following shall be permitted as part of a community garden:
(a)
Greenhouses, hoop houses, cold frames, and similar structures
used to extend the growing season.
(b)
Open space associated with and intended for use as garden areas.
(c)
Signs limited to identification, information and directional
signs, including sponsorship information where the sponsorship information
is clearly secondary to other permitted information on any particular
sign.
(d)
Benches, bike racks, raised/accessible planting beds, compost
bins, picnic tables, seasonal farm stands, fences, garden art, rain
barrel systems, chicken coops limited to the OR Zoning District, beehives
limited to the OR Zoning District, and children's play areas.
(e)
Buildings, limited to tool or utility/storage sheds, shade pavilions,
barns, restroom facilities with composting toilets, and planting preparation
houses.
(f)
Off-street parking and walkways.
(g)
Uses and structures shall be developed and maintained in accordance
with the following regulations:
[1]
Location. Buildings shall be set back at least five feet from
any abutting property in the residential zoning districts or existing
residential use in the mixed-use zoning districts.
[2]
Height. No building or other structure shall be greater than
25 feet in height.
[3]
Building footprint. The combined area of all buildings, excluding
greenhouses and hoop houses, shall not exceed 15% of the garden site
lot area.
[4]
Parking and walkways. Off-street parking shall be required only for those garden sites exceeding 15,000 square feet in lot area. In addition to the parking reduction and alternative accommodations (especially for drainage, surface, and maintenance) and provided for in Article IX of this chapter relating to relating to parking reductions and alterations, such parking shall be limited in size to 10% of the garden site lot area and shall be graded for proper drainage and shall be improved with a durable and dustless surface (e.g., concrete or bituminous concrete unless an alternative material and/or design as part of a readily accepted stormwater BMP in accordance with Chapter 460 relating to stormwater management, Chapter 480 relating to subdivision and land development, or any other construction materials specifications adopted by the Borough), and approved by the Borough Engineer. Walkways shall be unpaved except as necessary to meet the needs of individuals with disabilities.
[5]
Signs. Signs shall not exceed four square feet in area per side and shall not exceed four feet in height, and shall otherwise comply with Article VIII of this chapter.
[6]
Seasonal farm stands. Seasonal farm stands shall be removed
from the premises or stored inside a building on the premises during
that time of the year when the garden is not open for public use.
(2)
The applicant shall demonstrate environmental impacts that are likely to be generated by surface water and stormwater runoff and specific measures employed to mitigate or eliminate any negative impacts, in accordance with Chapter 460 relating to stormwater management and approved by the Borough Engineer. At a minimum, surface water and stormwater runoff from the site shall be diverted away from adjacent properties and public rights-of-way, and shall not contaminate downstream watercourses. The applicant also shall further furnish evidence that the impacts generated by the proposed use fall within acceptable levels, as regulated by applicable laws and ordinance, including, but not limited to, those listed in Article VII of this chapter relating to performance standards for all uses.
C.
Forestry (timber harvesting). Forestry or commercial timber harvesting
operations where the value of the trees, logs, or other timber products
removed exceeds $1,000, but excluding the cutting of trees for the
personal use of the landowner or for pre-commercial timber stand improvement
are permitted, subject to the following criteria:
(1)
All forestry and commercial timber harvesting operations shall comply
with the following:
(a)
Timber harvesting practices shall protect nearby structures
and utility lines.
(b)
Felling or skidding on or across any public street right-of-way
is prohibited without the express written consent of the Borough or
PennDOT, whichever is responsible for maintenance of the public street.
(c)
No tops or slash shall be left within 25 feet of any public
or private street right-of-way or easement (as applicable) providing
access to abutting residential property.
(d)
All tops and slash shall be lopped to a maximum height of four
feet above the ground in the following circumstances:
(e)
No tops or slash shall be left on or across any property line
of any abutting property without the consent of the owner thereof.
(f)
Litter resulting from a timber harvesting operation shall be
removed from the site before it is vacated by the operator.
(2)
All applications for timber harvesting shall include the information required for approval pursuant to Article XII of this chapter relating to applications for zoning permits. In addition, the applicant shall specify the land on which harvesting will occur, the expected size of the harvest area and, as applicable, the anticipated starting or completion date of the operation. This written notification shall also specify any roads affected, dates of affect, plans to restore any damages to roads and contact information for the logging operations submitted to owners abutting the street right-of-way used to access the logging site.
(3)
Preparation of a logging plan. Every landowner on whose land timber harvesting is to occur shall prepare and submit a written logging plan as set forth in this subsection below, and shall submit the logging plan as part of the information required for approval pursuant to Article XII of this chapter relating to applications for zoning permits. The provisions of this plan shall be followed throughout the operation. The plan shall be available at the harvest site at all times during the operation and shall be provided to the Zoning Officer upon request.
(4)
Responsibility for compliance. The landowner and the operator shall
be jointly and severally responsible for complying with the terms
of the logging plan.
(5)
Contents of the logging plan.
(a)
As a minimum, the logging plan shall include the following:
[1]
Design, construction, maintenance and retirement of the access
system, including haul roads, skid roads, skid trails and landings.
[2]
Design, construction and maintenance of water control measures
and structures (e.g., culverts, broad-based dips, filter strips and
water bars).
[3]
Design, construction and maintenance of stream and wetland crossings.
[4]
The general location of the proposed operation in relation to
Borough streets and state highways, including any accesses to those
streets and highways.
(b)
Each logging plan shall include a site map containing the following
information:
[1]
Site location and boundaries, including both the boundaries
of the property on which the timber harvest will take place and the
boundaries of the proposed harvest area within that property.
[2]
Significant topographic features related to potential environmental
problems.
[3]
Location of all earth disturbance activities (e.g., roads, landings
and water control measures and structures).
[4]
Location of all crossing of waters of the commonwealth.
[5]
The general location of the proposed operation to Borough streets
and state highways, including any accesses to those streets and highways.
(6)
Compliance with state laws and regulations. The logging plan shall
address and comply with the requirements of all applicable state laws
and regulations, including, but not limited to, the following:
(7)
Relationship of state laws, regulations, and permits to the logging
plan. Any permits required by state laws and regulations shall be
attached to and become part of the logging plan. A soil erosion and
sedimentation control plan that satisfies the requirements of Title
25, Pennsylvania Code, Chapter 102, shall also satisfy the minimum
requirements for the logging plan and associated site map, provided
that all information required by these subsections is included or
attached.
(8)
Responsibility for road maintenance and repair; road bonding. The
landowner and/or the operator shall be responsible for repairing any
damage to Borough streets caused by traffic associated with the timber
harvest operation pursuant to the provisions of Title 67, Pennsylvania
Code, Chapter 189, hauling in excess of posted weight limit. The Borough
may require the landowner and/or operator to furnish a bond to guarantee
the repair of any such damage, pursuant to the said provisions of
the Pennsylvania Code.
[Amended 7-18-2019 by Ord. No. 759; 8-18-2022 by Ord. No. 774]
A.
Purposes.
(1)
The purpose of this section is to establish uniform standards for
the siting, design, permitting, maintenance, and use of wireless communications
facilities in the Borough of Lemoyne (referred to herein as the "Borough").
While the Borough recognizes the importance of wireless communications
facilities in providing high quality communications service to its
residents, the Borough also recognizes that it has an obligation to
protect public safety and to minimize the adverse effects of such
facilities through the standards set forth in the following provisions.
(2)
By enacting these provisions, the Borough intends to:
(a)
Accommodate the need for wireless communications facilities
while regulating their location and number so as to ensure the provision
of necessary services.
(b)
Provide for the managed development of wireless communications
facilities in a manner that enhances the benefits of wireless communication
and accommodates the needs of both Borough residents and wireless
carriers in accordance with federal and state laws and regulations.
(c)
Establish procedures for the design, siting, construction, installation,
maintenance and removal of wireless communications facilities in the
Borough, including facilities both inside and outside the public rights-of-way.
(d)
Address new wireless technologies, including but not limited
to distributed antenna systems, data collection units, small wireless
communications facilities and other wireless technologies.
(e)
Minimize the adverse visual effects and the number of such facilities
through proper design, siting, screening, material, color and finish
and by requiring that competing providers of wireless communications
services collocate their commercial communications antennas and related
facilities on existing towers.
(f)
Promote the health, safety and welfare of the Borough's
residents.
B.
General and specific requirements for all wireless communications
facilities.
(1)
The following regulations shall apply to all WCFs:
(a)
Standard of care. All WCFs shall meet or exceed all applicable
standards and regulations of the FAA, the FCC and any other agency
of the state or federal government with the authority to regulate
wireless communications facilities, the latest National Electrical
Safety Code (NESC), American National Standards Institute (ANSI) Code,
and the structural standards of the American Association of State
Highway and Transportation Officials or any other industry standard
applicable to the structure. In case of conflict, the most stringent
requirements shall prevail. All necessary certifications shall be
obtained by the WCF applicant and provided to the Borough.
(b)
Engineer signature. All plans and drawings included in an application
for a WCF shall contain a seal and signature of a professional engineer,
licensed in the Commonwealth of Pennsylvania.
(c)
Eligible facilities requests.
[1]
WCF applicants proposing a modification to an existing WCF that
constitutes an eligible facilities request shall be required only
to obtain a building permit from the Borough Building Code Official
and a zoning permit from the Borough Zoning Officer. In order to be
considered for such permit, the WCF applicant must submit a permit
application to the Borough Zoning Officer in accordance with applicable
permit policies and procedures. Such permit application shall clearly
state that the proposed modification constitutes an eligible facilities
request pursuant to the requirements of 47 CFR § 1.6100.
The permit application shall clearly detail all dimensional changes
being made to the WCF and wireless support structure.
[2]
Timing of approval.
[a]
Within 30 calendar days of receipt of an application
for the modification of an existing WCF, the Borough Zoning Officer
shall notify the WCF applicant in writing of any information that
may be required to complete such application.
[b]
Within 60 days of receipt of an application for
the modification of an existing WCF, and subject to applicable tolling
procedures as established by federal law, the Borough Zoning Officer
shall issue the required building and zoning permits authorizing construction
of the WCF.
(d)
Wind and ice. All WCFs shall be designed to withstand the effects
of wind gusts and ice to the standard designed by the American National
Standards Institute as prepared by the engineering departments of
the Electronics Industry Association, and Telecommunications Industry
Association (ANSI/TIA-222, as amended), or to the industry standard
applicable to the structure.
(e)
Aviation safety. All WCFs shall comply with all federal and
state laws and regulations concerning aviation safety.
(f)
Public safety communications. WCFs shall not interfere with
public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
(g)
Radio frequency emissions. A WCF shall not, by itself or in
conjunction with other WCFs, generate radio frequency emissions in
excess of the standards and regulations of the FCC, including but
not limited to the FCC Office of Engineering Technology Bulletin 65
entitled "Evaluating Compliance with FCC Guidelines for Human Exposure
to Radio Frequency Electromagnetic Fields," as amended. The WCF applicant
shall submit proof of compliance with all applicable standards relating
to radio frequency emissions as part of any complete WCF application.
(h)
Noise. WCFs shall be operated and maintained so as not to produce
noise in excess of applicable noise standards under state law and
the Borough Code, except in emergency situations requiring the use
of a backup generator, where such noise standards may be exceeded
on a temporary basis only as permitted by the Borough.
(i)
Substantial change. Any substantial change to a WCF shall require notice to be provided to the Borough Zoning Officer, and shall be treated as an application for a new WCF in accordance with the requirements of this § 550-87.
(j)
Permit fees. The Borough may assess appropriate and reasonable
permit fees directly related to the Borough's actual costs in
reviewing and processing the application for approval of a WCF, as
well as related inspection, monitoring, and related costs. Such permit
fees shall be established by the Borough fee schedule.
(k)
Indemnification. Each person that owns or operates a WCF shall,
at its sole cost and expense, indemnify, defend and hold harmless
the Borough, its elected and appointed officials, employees and agents,
at all times against any and all claims for personal injury, including
death, and property damage arising in whole or in part from, caused
by or connected with any act or omission of the person, its officers,
agents, employees or contractors arising out of, but not limited to,
the construction, installation, operation, maintenance or removal
of the WCF. Each person that owns or operates a WCF shall defend any
actions or proceedings against the Borough in which it is claimed
that personal injury, including death, or property damage was caused
by the construction, installation, operation, maintenance or removal
of a WCF. The obligation to indemnify, hold harmless and defend shall
include, but not be limited to, the obligation to pay judgments, injuries,
liabilities, damages, reasonable attorneys' fees, reasonable
expert fees, court costs and all other costs of indemnification.
(l)
Noncommercial usage exemption. Borough residents utilizing satellite dishes, citizen and/or band radios, and antennas for the purpose of maintaining television, phone, and/or internet connections at their residences shall be exempt from the regulations enumerated in this § 550-87.
(m)
Abandonment; removal. In the event that use of a WCF is to be
discontinued, the owner shall provide written notice to the Borough
of its intent to discontinue use and the date when the use shall be
discontinued. A WCF not operated for a period of six months shall
be considered abandoned. Discontinued or abandoned WCFs, or portions
of WCFs, shall be removed as follows:
[1]
All abandoned or unused WCFs and accessory equipment shall be
removed within 90 days of the cessation of operations at the site
or receipt of notice that the WCF has been deemed abandoned by the
Borough, unless a time extension is approved by the Borough.
[2]
If the WCF or accessory equipment is not removed within 90 days
of the cessation of operations at a site, or within any longer period
approved by the Borough, the WCF and/or accessory equipment may be
removed by the Borough and the cost of removal assessed against the
owner of the WCF regardless of the owner's or operator's
intent to operate the WCF in the future.
[3]
Where there are two or more users of a single WCF, this provision
shall not become effective until all users have terminated use of
the WCF for a period of six months.
(n)
Maintenance. The following maintenance requirements shall apply:
[1]
All WCFs shall be fully automated and unattended on a daily
basis and shall be visited only for maintenance, repair or replacement.
[2]
Such maintenance shall be performed to ensure the upkeep of
the WCF in order to promote the safety and security of the Borough's
residents and in accordance with all applicable Borough, state and
federal regulation.
[3]
All maintenance activities shall utilize the best available
technology for preventing failures and accidents.
(o)
Inspection; violations.
[1]
The Borough and/or its third-party inspection company reserves
the right to inspect any WCF to ensure compliance with the provisions
of this section and any other provisions found within the Borough
Code or state or federal law. The Borough and/or its third-party inspection
company shall have the authority to enter the property upon which
a WCF is located at any time, upon reasonable notice to the operator,
to ensure such compliance.
[2]
If any such inspection determines that the WCF is not in compliance with the provisions of this section and any other provisions found within the Borough Code or state or federal law, the owner of the WCF shall take such actions necessary to bring the WCF into compliance within 30 days of receipt of notice from the Borough. If the owner of the WCF fails to bring the WCF into compliance within such time period, the Borough may impose penalties in accordance with § 550-101 of the Borough Zoning Ordinance.
(p)
Timing of approval. The following table details the applicable
timeframe of approval for each type of WCF application:
|
Type of WCF/Application
|
Notice of Incompleteness
|
Final Decision
|
|---|---|---|
|
Nontower WCF
|
30 calendar days from receipt of application for initial notice;
10 calendar days from receipt of supplemental application for subsequent
notices
|
90 total calendar days from receipt of initial application
|
|
Eligible facilities request
|
30 calendar days from receipt of initial application; 10 calendar
days from receipt of supplemental application for subsequent notices
|
60 total calendar days from receipt of initial application
|
|
Small WCF (collocated)
|
10 business days from receipt of initial or supplemental application
|
60 total calendar days from receipt of initial application
|
|
Small WCF (new or replacement wireless support structure)
|
10 business days from receipt of initial or supplemental application
|
90 total calendar days from receipt of initial application
|
|
Tower-based WCF
|
30 calendar days from receipt of application for initial notice;
10 calendar days from receipt of supplemental application for subsequent
notices
|
150 total calendar days from receipt of initial application
|
C.
General and specific requirements for nontower wireless communications
facilities.
(1)
The following regulations shall apply to all nontower WCF:
(a)
Permitted in all zones subject to regulations. Nontower WCFs
are permitted in all zones subject to the restrictions and conditions
prescribed below and applicable permitting by the Borough.
(b)
Prohibited on certain structures. No nontower WCF shall be located
on single-family detached residences, single-family attached residences,
twin-homes, duplexes, or any residential accessory structure.
(c)
Conditional use authorization required. Any WCF applicant proposing
the construction of a new nontower WCF shall first obtain a conditional
use authorization from the Borough. The conditional use application
shall demonstrate that the proposed facility complies with all applicable
provisions in the Lemoyne Borough Zoning Ordinance.
(d)
Development regulations. Nontower WCFs shall be located or collocated
on existing structures, such as existing buildings or tower-based
WCF, subject to the following conditions:
[1]
The total height of any wireless support structure and mounted
WCF shall not exceed 20 feet above the maximum height permitted in
the underlying zoning district.
[2]
In accordance with industry standards, all nontower WCF applicants
must submit documentation to the Borough justifying the total height
of the nontower WCF. Such documentation shall be analyzed on an individual
basis.
[3]
If the WCF applicant proposes to locate the accessory equipment
in a separate building, the building shall comply with the minimum
requirements for the applicable zoning district.
[4]
A security fence shall surround any separate communications equipment building. Such fencing shall comply with the requirements of Article VII of the Lemoyne Borough Zoning Code.
[5]
Vehicular access to the communications equipment building shall
not interfere with the parking or vehicular circulations on the site
for the principal use.
[6]
Any separate communications equipment building shall also be
surrounded by a screen of evergreen trees, each at least four feet
in height, located along the perimeter of the security fence. Existing
vegetation shall be preserved to the maximum extent possible.
(e)
Design regulations. Nontower WCFs shall employ stealth technology
and be treated to match the wireless support structure in order to
minimize aesthetic impact. The application of the stealth technology
utilized by the WCF applicant shall be subject to the approval of
the Borough.
(f)
Nonconforming wireless support structures. Nontower WCFs shall
be permitted to collocate upon nonconforming tower-based WCF and other
nonconforming structures. Collocation of WCF upon existing tower-based
WCF is encouraged even if the tower-based WCF is nonconforming as
to use within a zoning district.
(g)
Removal. In the event that use of a nontower WCF is discontinued,
the owner shall provide written notice to the Borough of its intent
to discontinue use and the date when the use shall be discontinued.
Unused or abandoned WCF, or portions of WCF, shall be removed as follows:
[1]
All abandoned or unused WCFs and accessory equipment shall be
removed within 60 days of the cessation of operations at the site
unless a time extension is approved by the Borough.
[2]
If the WCF or accessory equipment is not removed within 60 days
of the cessation of operations at a site, or within any longer period
approved by the Borough, the WCF and/or associated facilities and
equipment may be removed by the Borough and the cost of removal assessed
against the owner of the WCF.
(h)
Insurance. Each person that owns or operates a nontower WCF
shall annually provide the Borough with a certificate of insurance
evidencing general liability coverage in the minimum amount of $1,000,000
per occurrence and property damage coverage in the minimum amount
of $1,000,000 per occurrence covering the nontower WCF.
(i)
Removal, replacement and modification.
[1]
The removal and replacement of nontower WCF and/or accessory
equipment for the purpose of upgrading or repairing the WCF is permitted,
so long as such repair or upgrade does not substantially change the
overall height of the WCF or increase the number of antennas.
[2]
Any substantial modification to a WCF shall require notice to
be provided to the Borough, and possible supplemental permit approval
to the original permit or authorization as determined by the Zoning
Officer.
D.
General and specific requirements for tower-based wireless communications
facilities.
(1)
The following regulations shall apply to all tower-based wireless
communications facilities:
(b)
Application requirements. A conditional use application for a tower-based WCF shall comply with the following requirements, in addition to those required by § 550-105 of the Borough Zoning Ordinance:
[1]
Upon submission of an application for a tower-based WCF and
the scheduling of the public hearing upon the application, the WCF
applicant shall mail notice to all owners of every property within
200 feet of the proposed WCF. The WCF applicant shall provide proof
of the notification to the Borough.
[2]
Prior to the Council's approval of a conditional use authorizing
the construction and installation of tower-based WCF, it shall be
incumbent upon the WCF applicant for such conditional use approval
to prove to the reasonable satisfaction of the Council that the WCF
applicant cannot adequately extend or infill its communications system
by the use of equipment, such as redoes, repeaters, antenna(s) and
other similar equipment installed on existing structures, such as
utility poles or their appurtenances and other available structures.
The WCF applicant shall further demonstrate that the proposed tower-based
WCF must be located where it is proposed in order to serve the WCF
applicant's service area and that no other viable, less-intrusive
alternative location exists.
[3]
The conditional use application shall be accompanied by a propagation
study evidencing the need for the proposed tower or other communication
facilities and equipment, a description of the type and manufacturer
of the proposed transmission/radio equipment, the frequency range
(megahertz band) assigned to the WCF applicant, the power in watts
at which the WCF applicant transmits, and any relevant related tests
conducted by the WCF applicant in determining the need for the proposed
site and installation.
[4]
Where the tower-based WCF is located on a property that is not
owned by the WCF applicant, the WCF applicant shall present documentation
to the Council that the owner of the property has granted an easement,
if necessary, for the proposed WCF and that vehicular access will
be provided to the facility.
[5]
The conditional use application shall also be accompanied by
documentation demonstrating that the proposed tower-based WCF complies
with all applicable provisions of this chapter.
(c)
Engineer inspection. Prior to the Borough's issuance of
a permit authorizing construction and erection of a tower-based WCF,
a structural engineer licensed in the Commonwealth of Pennsylvania
shall issue to the Borough a written certification of the proposed
WCF's ability to meet the structural standards offered by either
the Electronic Industries Association or the Telecommunication Industry
Association and certify the proper construction of the foundation
and the erection of the structure. This certification shall be provided
during the conditional hearings or at a minimum be made as a condition
attached to any approval given such that the certification be provided
prior to issuance of any building permits.
(d)
Development regulations.
[1]
Tower-based WCF shall not be located in, or within 50 feet of,
an underground area.
[2]
Sole use on a lot. A tower-based WCF shall be permitted as a
sole use on a lot, provided that the underlying lot meets the minimum
requirements of the underlying zoning district. The minimum distance
between the base of a tower-based WCF and any adjoining property line
or street right-of-way line shall equal 150% of the proposed WCF structure's
height, unless the applicant shows to the satisfaction of the Borough
Council that the proposed tower-based WCF has been designed in such
a manner that a lesser setback will have no negative effects on public
safety.
[3]
Combined with another use. A tower-based WCF may be permitted
on a property with an existing use, or on a vacant parcel in combination
with another use, except residential, subject to the following conditions:
[a]
The existing use on the property may be any permitted
use in the applicable district, and need not be affiliated with the
WCF.
[b]
Minimum lot area. The minimum lot shall comply
with the requirements for the applicable zoning district and shall
be the area needed to accommodate the tower-based WCF and guy wires,
the equipment building, security fence, and buffer planting if the
proposed WCF is greater than 40 feet in height.
[c]
Minimum setbacks. The minimum distance between
the base of a tower-based WCF and any adjoining property line or street
right-of-way line shall equal 150% of the proposed height of the tower-based
WCF, unless the applicant shows to the satisfaction of the Borough
Council that the proposed tower-based WCF has been designed in such
a manner that a lesser setback will have no negative effects on public
safety.
(e)
Design regulations.
[1]
The WCF and any accessory equipment shall employ the most current
stealth technology available in an effort to appropriately blend into
the surrounding environment and minimize aesthetic impact. Application
of the stealth technology utilized by the WCF applicant shall be subject
to the approval of the Borough.
[2]
Any proposed tower-based WCF shall be designed structurally,
electrically, and in all respects to accommodate both the WCF applicant's
antennas and comparable antennas for future users.
[3]
Any tower-based WCF shall be equipped with an anticlimbing device,
as approved by the manufacturer.
(f)
Surrounding environs.
[1]
The WCF applicant shall ensure that the existing vegetation,
trees and shrubs located within proximity to the WCF structure shall
be preserved to the maximum extent possible.
[2]
The WCF applicant shall submit a soil report to the Borough
complying with the standards of Appendix I: Geotechnical Investigations,
ANSI/EIA/TIA-222, as amended, to document and verify the design specifications
of the foundation of the tower-based WCF, and anchors for guy wires,
if used.
(g)
Fence/screen. Any tower-based WCF shall be surrounded by a security fence. The base of the tower-based WCF shall be landscaped so as to screen the foundation and base and related building housing accessory equipment from abutting properties. Such fencing and screening shall comply with the requirements of Article VII of the Lemoyne Borough Zoning Code.
(h)
Accessory equipment.
[1]
Ground-mounted accessory equipment associated or connected with
a tower-based WCF greater than three cubic feet shall not be located
within 50 feet of a lot in residential use.
[2]
Ground-mounted accessory equipment associated, or connected,
with a tower-based WCF shall be placed underground or screened from
public view using stealth technologies, as described above.
[3]
All accessory equipment, utility buildings and accessory structures
shall meet the minimum setback requirements of the underlying zoning
district.
(i)
Access road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to tower-based WCF. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. The road shall be of a durable and dustless surface (e.g., concrete or bituminous concrete unless of an alternative material and/or design as part of readily accepted stormwater BMP in accordance with Chapter 460, relating to stormwater management, Chapter 480, relating to subdivision and land development, or any other construction materials specifications adopted by the Borough), and approved by the Borough Engineer. Where applicable, the WCF owner shall present documentation to the Borough that the property owner has granted an easement for the proposed facility.
(j)
Parking. For each tower-based WCF, Borough Council may require
two off-street parking spaces.
(k)
Visual appearance and land use compatibility. Tower-based WCF
shall employ stealth technology, which may include the tower portion
to be painted gray, blue, and/or green as appropriate; however, each
case should be evaluated individually. All tower-based WCF and accessory
equipment shall be aesthetically and architecturally compatible with
the surrounding environment and shall maximize the use of a like facade
to blend with the existing surroundings and neighboring buildings
to the greatest extent possible. The Council shall consider whether
its decision upon the subject application will promote the harmonious
and orderly development of the zoning district involved; encourage
compatibility with the character and type of development existing
in the area; preserve woodlands and trees existing at the site to
the greatest possible extent; and encourage sound engineering and
land development design and construction principles, practices and
techniques.
(l)
Collocation and siting. An application for a new tower-based
WCF shall demonstrate that the proposed tower-based WCF cannot be
accommodated on an existing or approved structure or building, or
sited on land owned and maintained by the Borough. The Council may
deny an application to construct a new tower-based WCF if the WCF
applicant has not made a good faith effort to mount the commercial
communications antenna(s) on an existing structure. The WCF applicant
shall demonstrate that it contacted the owners of tall structures,
buildings, and towers within a 1/4 of a mile radius of the site proposed,
sought permission to install an antenna on those structures, buildings,
and towers and was denied for one of the following reasons:
[1]
The proposed antenna and accessory equipment would exceed the
structural capacity of the existing building, structure or tower,
and its reinforcement cannot be accomplished at a reasonable cost.
[2]
The proposed antenna and accessory equipment would cause radio
frequency interference with other existing equipment for that existing
building, structure, or tower and the interference cannot be prevented
at a reasonable cost.
[3]
Such existing buildings, structures, or towers do not have adequate
location, space, access, or height to accommodate the proposed equipment
or to allow it to perform its intended function.
[4]
A commercially reasonable agreement could not be reached with
the owner of such building, structure, or tower.
(m)
Substantial change. To the extent permissible under law, any substantial change to an existing tower-based WCF shall be treated as a new tower-based WCF and reviewed in accordance with the requirements of this § 550-87.
(n)
Gap in coverage. A WCF applicant for a tower-based WCF must
demonstrate that a significant gap in wireless coverage or capacity
exists in the applicable area and that the type of WCF being proposed
is the least intrusive means by which to fill that gap in wireless
coverage.
(o)
Additional antennas. As a condition of approval for all tower-based
WCF, the WCF applicant shall provide the Borough with a written commitment
that it will allow other service providers to collocate antennas on
tower-based WCF where technically and economically feasible. To the
extent permissible under state and federal law, the owner of a tower-based
WCF shall not install any additional antennas without obtaining the
prior written approval of the Borough.
(p)
Height. Tower-based WCFs shall be designed and kept at the minimum
functional height. The maximum height of any tower-based WCF shall
be 150 feet; however, such height may be increased to no more than
200 feet, provided the required setbacks from adjoining property lines
(not lease lines) are increased by one foot for each one foot of height
in excess of 150 feet. No WCF applicant shall have the right under
these regulations to erect a tower to the maximum height specified
in this section unless it proves the necessity for such height. The
WCF applicant shall demonstrate that the antenna/tower/pole for the
tower-based WCF is the minimum height necessary for the service area.
(q)
Accessory equipment. Either one single-story wireless communications
equipment building not exceeding 500 square feet in area or its equivalent
may be located on the site for each unrelated company sharing space
on the tower-based WCF.
(r)
Historic buildings. No tower-based WCF may be located within
100 feet of any property, or on a building or structure that is listed
on either the National or Pennsylvania Registers of Historic Places,
or eligible to be so listed, located within a historic district, or
is included in the official historic structures list maintained by
the Borough.
(s)
Signs. All tower-based WCFs shall post a sign in a readily visible
location identifying the name and phone number of a party to contact
in the event of an emergency. The only other signage permitted on
the WCF shall be those required by the FCC, or any other federal or
state agency.
(t)
Lighting. No tower-based WCF shall be artificially lighted,
except as required by law. If lighting is required, the WCF applicant
shall provide a detailed plan for sufficient lighting, demonstrating
as unobtrusive and inoffensive an effect as is permissible under state
and federal regulations. The WCF applicant shall promptly report any
outage or malfunction of FAA-mandated lighting to the appropriate
governmental authorities and to the Borough Secretary.
(u)
Insurance. Each person that owns or operates a tower-based WCF
greater than 40 feet in height shall provide the Borough with a certificate
of insurance evidencing general liability coverage in the minimum
amount of $5,000,000 per occurrence and property damage coverage in
the minimum amount of $5,000,000 per occurrence covering the tower-based
WCF.
(v)
Inspection. In each even-numbered year and within 60 days of
a change in ownership, at the applicant's, owner's or other
appropriate person's expense, the tower-based WCF shall be inspected
by an expert who is regularly involved in the maintenance, inspection
and/or erection of wireless support structures. At a minimum, the
inspection shall be conducted in accordance with the Tower Inspection
Checklist provided in the Electronics Industries Association (EIA)
Standard 222 "Structural Standards for Steel Antenna Towers and Antenna
Support Structures." A copy of said inspection report shall be provided
to the Borough along with the applicable fee as required by the Borough
fee schedule. The Borough and/or its third-party inspection company
reserves the right to inspect any tower-based WCF to ensure compliance
with the Zoning Ordinance and any other provisions found within the
Borough Code or state or federal law. The Borough and/or its third-party
inspection company shall have the authority to enter the property
upon which a WCF is located at any time, upon reasonable notice to
the operator, to ensure such compliance.
(w)
Financial security. Prior to receipt of a zoning permit for
the construction or placement of a tower-based WCF, the WCF applicant
shall provide to the Borough financial security in amount sufficient
to cover the installation, construction, and maintenance of the tower-based
WCF during the projected lifetime thereof. The amount required shall
be determined at the sole discretion of the Borough based upon the
unique characteristics of the tower-based WCF. Said financial security
shall remain in place until the tower-based WCF is removed.
(x)
Full site plan. A full site plan must be filed with the Borough,
which shall include written authorization from the owner and occupant
(if other than owner) of the proposed tower-based WCF site if applicable.
The site plan shall be drawn to scale of not smaller than 100 feet
to one inch and show the following:
[1]
Property boundaries and lease lines.
[2]
Any wireless support structure guy wire anchors and other apparatus.
[3]
All existing and proposed structures.
[4]
Scaled elevation view of proposed wireless support structures.
[6]
Parking areas.
[7]
Fences in accordance with § 550-87D(1)(g).
[8]
Location and content of any signs.
[9]
Exterior lighting specifications in accordance with Article VII of this chapter relating to performance standards for all uses.
[10]
Landscaping plan.
[11]
Land elevation contours not greater than intervals
of five feet.
[12]
Existing land uses surrounding the site.
[14]
Height and design of proposed tower-based WCF.
[15]
A cross-section of the wireless support structure(s).
[16]
Engineering specifications detailing construction
of the wireless support structure, base, and guy wire anchorage.
[17]
Proposed painting and lighting details.
[18]
The structural capacity of the proposed wireless
support structure, including the number and type of antennas that
it can accommodate.
[19]
Radio frequency coverage.
[20]
Inventory of existing suitable support structures
within a two-mile radius of the proposed site and information establishing
unavailability of such sites for one or more of the following reasons:
[a]
Refusal by current tower owner.
[b]
Topographic limitations.
[c]
Adjacent impediments blocking transmission.
[d]
Site limitations to tower construction.
[e]
Technical limitations of the system.
[f]
Equipment exceeds structural capacity of facility
or tower.
[g]
No space on existing facility or tower.
[h]
Other limiting factors rendering existing facilities
or towers unusable.
[i]
An update of capacity on an existing tower.
[21]
Written certification by the applicant that written
notification has been given and received by all required property
owners.
[22]
Written confirmation that the electromagnetic
fields and radio frequency interferences comply with Federal Communications
Commission regulations concerning such emissions, as well as an estimated
nonionizing electromagnetic radiation (NIER) level from the proposed
antennas, when added to existing levels, that does not exceed applicable
federal standards.
[23]
A "zone of visibility map" provided to determine
locations where the tower-based WCF may be seen as well as before
and after pictorial representations setting forth views from key viewpoints
within the Borough.
E.
Regulations applicable to all small wireless communications facilities.
(1)
The following regulations shall apply to small wireless communications
facilities:
(a)
(b)
Application procedures.
[1]
Applications for small WCFs shall be submitted to the Borough
Zoning Officer.
[2]
Applications for small WCFs shall include the following:
[a]
A cover letter detailing the location of the proposed
site, all equipment being proposed as part of the small WCF, and a
certification that the WCF applicant has included all information
required by the Borough Code, signed by a representative of the WCF
applicant.
[b]
A before-and-after depiction of the proposed site,
such as a construction drawing, showing all equipment being proposed
as part of the small WCF.
[i]
If the small WCF is proposed for location on an
existing structure or replacement wireless support structure that
currently supports existing attachments, the depiction shall show
the location and dimensions of all such attachments.
[ii]
If installation of a new or replacement wireless
support structure is being proposed, the depiction shall include the
color, dimensions, material and type of wireless support structure
proposed.
[c]
The manufacturer and model, proposed location,
and physical dimensions (including volume) of each piece of equipment
proposed as part of the small WCF.
[d]
An aerial photograph of the proposed site showing
the area within 500 feet of the small WCF. The aerial photograph shall
identify all structures within such radius.
[e]
Photo simulations depicting the small WCF from
at least three locations near the proposed site. The photo simulations
should reflect the proposed design and location of all equipment associated
with the small WCF.
[f]
A written certification by a structural engineer
licensed in the Commonwealth of Pennsylvania confirming that the proposed
small WCF and wireless support structure are structurally sound and
shall not endanger public health and safety.
[g]
A report by a qualified engineering expert which
shows that the small WCF will comply with applicable FCC regulations,
including applicable standards for radio frequency emissions.
[h]
A certificate of insurance as required by § 550-87E(1)(m).
[j]
All application fees required by the Borough as
detailed in the Borough fee schedule.
[3]
Resubmission upon denial.
[a]
If the Borough denies an application for a small
WCF, the Borough shall provide the WCF applicant with written documentation
of the basis for denial, including the specific provisions of the
Borough Code on which the denial was based, within five business days
of the denial.
[b]
The WCF applicant may cure the deficiencies identified
by the Borough and resubmit the application within 30 days of receiving
the written basis for the denial without being required to pay an
additional application fee. The Borough shall approve or deny the
revised application within 30 days of the application being resubmitted
for review.
[4]
Consolidated applications. A single WCF applicant may not submit more than one consolidated or 20 single applications for collocated small WCFs in a thirty-day period. If the Borough receives more than one consolidated application or 20 single applications within a forty-five-day period, the applicable timeframe under § 550-87E(1)(b)[3] be extended by 15 days.
(c)
Location and development standards.
[1]
Small WCFs in the public ROW requiring the installation of a
new wireless support structure shall not be located in front of any
building entrance or exit.
[2]
All small WCFs shall comply with the applicable requirements
of the Americans with Disabilities Act and all Borough Code requirements
applicable to streets and sidewalks.
(d)
Time, place and manner. Once approved, the Borough shall determine
the time, place and manner of construction, maintenance, repair and/or
removal of all small WCFs in the ROW based on public safety, traffic
management, physical burden on the ROW, and related considerations.
(e)
Obstruction. Small WCFs and accessory equipment shall be located
so as not to cause any physical or visual obstruction to pedestrian
or vehicular traffic, create safety hazards to pedestrians and/or
motorists, or to otherwise inconvenience public use of the ROW as
determined by the Borough.
(f)
Graffiti. Any graffiti on a small WCF, including the wireless
support structure and any accessory equipment, shall be removed at
the sole expense of the owner within 30 calendar days of notification
by the Borough.
(g)
Design standards. All small WCFs in the Borough shall comply
with the requirements of the Borough Small Wireless Communications
Facility Design Manual, which shall be adopted, and may be amended
from time to time, by resolution of the Borough Council. A copy of
such shall be kept on file at the Borough Department of Planning and
Zoning.
(h)
Obsolete equipment. As part of the construction, modification
or replacement of a small WCF, the WCF applicant shall remove any
obsolete or abandoned equipment from the wireless support structure.
(i)
Relocation or removal of facilities. Within 90 days following
written notice from the Borough, or such longer period as the Borough
determines is reasonably necessary or such shorter period in the case
of an emergency, an owner of a small WCF in the ROW shall, at its
own expense, temporarily or permanently remove, relocate, change or
alter the position of any WCF when the Borough, consistent with its
police powers and applicable Public Utility Commission regulations,
shall determine that such removal, relocation, change or alteration
is reasonably necessary under the following circumstances:
[1]
The construction, repair, maintenance or installation of any
Borough or other public improvement in the right-of-way;
[2]
The operations of the Borough or other governmental entity in
the right-of-way;
[3]
Vacation of a street or road or the release of a utility easement;
or
[4]
An emergency that constitutes a clear and immediate danger to
the health, welfare, or safety of the public as determined by the
Borough.
(j)
Time limit for completion of construction. The proposed collocation,
the modification or replacement of a wireless support structure or
the installation of a new wireless support structure with small WCF
attached for which a permit is granted under this section shall be
completed within one year of the permit issuance date unless the Borough
and the WCF applicant agree in writing to extend the period.
(k)
Duration of permit. A permit for a small WCF shall have a term of five years. Such permit shall be renewed for two additional five-year periods if the WCF applicant is in compliance with the criteria set forth in this act or applicable codes consistent with this § 550-87 and the WCF applicant has obtained all necessary consent from the utility pole owner. The WCF applicant shall submit proof of such compliance with all requirements of this § 550-87 prior to the expiration of any five-year term.
(l)
Reimbursement for ROW use. In addition to permit fees as described
in this section, every small WCF in the ROW is subject to the Borough's
right to fix annually a fair and reasonable fee to be paid for use
and occupancy of the ROW. Such compensation for ROW use shall be directly
related to the Borough's actual ROW management costs including,
but not limited to, the costs of the administration and performance
of all reviewing, inspecting, permitting, supervising and other ROW
management activities by the Borough. The owner of each small WCF
shall pay an annual fee to the Borough to compensate the Borough for
the Borough's costs incurred in connection with the activities
described above. Such fees shall comply with the applicable requirements
of the Federal Communications Commission.
(m)
Insurance. Each person that owns or operates a small WCF shall
annually provide the Borough with a certificate of insurance evidencing
general liability coverage in the minimum amount of $1,000,000 per
occurrence and property damage coverage in the minimum amount of $1,000,000
per occurrence covering the small WCF.
A.
Automated banking facility. Automated banking facilities are permitted,
subject to the following criteria:
B.
Community garden. Community gardens are permitted, subject to the criteria for community gardens set forth in Article XI of this chapter relating to community garden.
C.
Day care, family. Family day-care uses are permitted, subject to
the following criteria:
(1)
All principal structures permitted to be family day-care facilities
shall maintain an exterior appearance that resembles and is compatible
with any existing dwellings in the neighborhood. No modification to
the external appearances of the building, except fire and safety requirements,
which would alter its residential character, shall be permitted.
(2)
Fire escapes, where required, shall be located in the rear or side
(in order of preference) of the building and shall not be located
on any wall facing a street right-of-way, excluding minor access streets.
(3)
An outdoor play area for children shall be provided. Off-street parking
lots and areas shall not be used as outdoor play areas. Outdoor play
areas shall not be located in the front yard between the principal
building and the public street, excluding minor access streets. All
outdoor play areas must provide a means of shade [e.g., shade tree(s)
or pavilion(s)]. Any vegetative materials located within the outdoor
play areas shall be of a nonharmful type (e.g., poisonous, thorny,
allergenic, etc.).
(a)
Additionally, outdoor play areas shall be located at least 10 feet from any abutting property in the residential zoning districts or existing residential use in the mixed-use zoning district, provided with a fence of at least four feet in height, and screened in accordance with Article VII of this chapter relating to buffer and screening regulations. Outdoor play areas shall be limited to use between 8:00 a.m. and 8:00 p.m.
D.
Drive-through facility for permitted use. Drive-through facilities
for permitted uses are permitted, subject to the following criteria:
(1)
No part of the drive-through facility shall be located within 50
feet of any adjacent property in the residential zoning districts
or existing residential use in the mixed-use zoning districts.
(2)
All drive-in facility buildings and structures shall be designed
and planned to incorporate and be compatible with natural and built
features of the site and area.
(3)
Drive-through facilities, including intercom, stacking lanes and
spaces, and service windows, shall be located along the side or rear
faces of the building.
(a)
In no event shall the drive-through facility be permitted in
the front yard between the principal building and the public street
right-of-way, excluding minor access streets.
(b)
To the maximum extent feasible, the drive-through facility shall
be located on a building wall facing away from an abutting property
in the residential zoning districts or existing residential use in
the mixed-use zoning districts.
(4)
Drive-through facilities, including intercom, stacking lanes and
spaces, and service windows, shall not be permitted within any required
building setback, yard, nor buffer yard area.
(5)
Sufficient stacking facilities for drive-through facilities shall be provided, in accordance with Article IX of this chapter relating to stacking standards.
(6)
All drive-through facilities shall be provided with a bypass lane
with a minimum width of 10 feet.
(7)
A maximum of two outdoor menu boards are permitted, beyond the signs
normally permitted, with a maximum sign area of 40 square feet each,
if the words on such signs are not readable from beyond the lot line.
E.
Home occupation. Home occupations are permitted, subject to the following
criteria:
(1)
In the residential zoning districts, home occupations may involve
a limited range of commercial uses, including: office, business and
professional and medical; personal service business; craftsman/artisan
studio; food service facility, excluding direct retail sales of goods
to customers/patrons visiting the business and on-site consumption
of products; as long as it remains secondary and clearly incidental
to and compatible with the residential dwelling.
(2)
In the mixed-use zoning districts, home occupations may involve the
limited range of commercial uses set forth in the underlying or base
zoning district, as long as it remains secondary and clearly incidental
to and compatible with the residential dwelling.
(3)
No more than two nonresidents shall be employed by the home occupation.
(4)
The owner of the home occupation must reside on the premises, and
at least one resident must be engaged in the home occupation. Proof
of residency must be provided.
(5)
The home occupation may be located in the principal dwelling unit
and/or an accessory building.
(6)
Any permitted home occupation use shall maintain an exterior appearance
that resembles and is compatible with any existing dwelling on the
lot and in the neighborhood. No modifications to the external appearance
of the building used for the home occupation, except fire and safety
requirements, which would alter its residential character, shall be
permitted.
(7)
Fire escapes, where required, shall be located in the rear or side
(in order of preference) of the building and shall not be located
on any wall facing a street right-of-way, excluding minor access streets.
(8)
All business activities shall take place in a completely enclosed
building. No outdoor storage, unenclosed storage, or outside display/sales
related to the home occupation shall be permitted.
(9)
Home occupations shall be limited to not more than 25% of the gross
floor area of the principal dwelling unit, or 500 square feet of gross
floor area, whichever is less, even if the home occupation is conducted
within an accessory building.
(10)
No sales of any goods or merchandise shall occur on the premises
other than those goods or merchandise which are produced on the premises
or are customarily incidental to the accessory home occupation and
directly related thereto (e.g., hair care products by a barber or
beautician).
(11)
No goods shall be displayed or stored so as to be visible from
any property line.
(12)
Activities associated with the home occupation shall be conducted in such a way that no traffic congestion, noise, glare, air pollution, odor, smoke, vibration, fire hazards, safety hazards, electromagnetic interference, or otherwise, shall be noticeable at or beyond the property line. A description of the operations proposed in sufficient detail to indicate the effects of those operations in producing traffic congestion, noise, glare, air pollution, water pollution, vibration, fire hazards, safety hazards, or the emission of any potentially harmful or obnoxious matter or radiation and compliance with other performance standards in accordance with Article VII of this chapter relating to performance standards for all uses is required.
(14)
The home occupation shall not require delivery or pickup by
tractor-trailer trucks.
(15)
In the residential zoning districts, home occupations shall
not be conducted in a manner that is perceptible to other residents
between the hours of 8:00 p.m. and 8:00 a.m. Otherwise, the hours
of operation and activities must be appropriately scheduled to protect
the existing neighborhood from detrimental noise, disturbance, or
interruption.
(16)
The home occupation shall not involve commercial repair of motor
vehicles or similar type equipment, but may include lawn and garden
equipment and similar type of equipment.
(17)
Drive-through uses shall be prohibited.
(18)
The home occupation shall not involve any illegal activity.
G.
Outdoor cafe/dining. Outdoor cafes/dining are permitted, subject
to the following criteria:
(1)
Permit required. Outdoor cafes/dining shall be permitted when a permit
is obtained from the Borough Manager or his or her designee. Any owner
or tenant of a building occupied and used as a restaurant or an establishment
permitted to serve food to patrons, may apply for an outdoor cafe
permit. Such permit shall be valid for one year.
(2)
Revocation of permit.
(a)
Any outdoor cafe permit issued shall be limited to a revocable
license for the use of a deck, patio, porch, or other open area, as
specified herein. A permit may be revoked by the Borough Manager or
his or her designee for a violation of any provision of this article.
(3)
Conditions for issuance of permit. An outdoor cafe permit may be
issued only when the following conditions are met:
(a)
Food preparation. No food preparation shall take place outside
the building or within the outdoor cafe/dining area.
(b)
Permitted months and hours of operation. Operation of outdoor
cafes/dining shall be permitted during the months of April through
October, inclusive. The maximum hours of operation shall be from 8:00
a.m. until 11:00 p.m.
(c)
Projection onto the sidewalk. Outdoor cafes/dining may extend
onto or encroach upon public sidewalks, so long as the encroachment
ends not less than six feet from the edge of the curb. At all times
there shall be not less than six feet of unobstructed sidewalk allowing
for unfettered passage by pedestrians, wheelchairs, and handicap scooters.
All portions of outdoor cafes/dining extending onto or encroaching
upon public sidewalks shall be surrounded by a physical barrier designed
to direct the flow of pedestrian traffic around the outdoor cafe/dining
when in use. The partition shall be no less than 30 inches and no
more than 42 inches high, and no advertisements may be placed on the
partition. The partition shall be removed outside of permitted months
of operation.
(d)
Size restrictions. The total square footage of the outdoor cafe/dining
area shall not exceed 30% of the total square footage of the interior
restaurant floor space dedicated to customer seating.
(f)
Outdoor lighting. Lighting for outdoor cafes/dining shall be shaded sufficiently to ensure that the lighting does not directly illuminate upon adjacent properties in accordance with Article VII of this chapter relating to performance standards for all uses.
(g)
Vending machines. Vending machines may not be placed within
any outdoor cafe/dining extending into or encroaching upon a public
sidewalk.
(h)
Exterior trash containers.
[1]
Trash containers and recycling receptacles shall be provided.
[2]
Trash containers or recycling receptacles are not permitted
within outdoor cafes/dining extending into or encroaching upon a public
sidewalk.
[3]
Such trash receptacles shall be routinely emptied so as to prevent
the scattering of litter and debris. All applications shall include
a description of a working plan for the cleanup of litter.
(i)
Decking and platforms. Decking or platforms may not be placed
upon any public sidewalk or used within any outdoor cafe/dining extending
onto or encroaching upon a public sidewalk.
(j)
Tents and enclosures. Tents and similar enclosures are not permitted
for use within or upon any outdoor cafe extending onto or encroaching
upon a public sidewalk.
(k)
Furnishings. Permitted furnishings in outdoor cafes/dining shall
be limited to tables, chairs, umbrellas, benches, outdoor heaters,
and a reservation podium. All furnishings must be removed from the
outdoor cafe/dining and stored in an enclosed facility during the
months of November through March, inclusive.
(l)
Advertisements. All advertisements and promotional features, other than permitted signs in accordance with Article VIII of this chapter relating to sign regulations, shall be limited to umbrellas and canopies.
(4)
Patron conduct. A permit holder shall maintain the good order and
proper conduct of patrons while patronizing the outdoor cafe/dining.
The outdoor cafe permit may be revoked immediately in the event the
permit holder fails to maintain the good order and proper conduct
of patrons.
(5)
Litter. Litter emanating from the outdoor cafe area and from whatever
area to which it may flow, shall be collected as often as is required
to keep the area and/or sidewalk as clear of litter as if the outdoor
cafe/dining did not exist.
(6)
Fees. The annual fee for issuance of an outdoor cafe permit shall
be $50 and may be, from time to time, amended by resolution by the
Borough Council.
(7)
Parking. The seasonal use of tables within the outdoor cafe/dining area shall not be included as seats or floor area as applicable in the requirements as set forth in Article IX of this chapter relating to lot access, parking, and loading requirements, and shall not require additional parking spaces.
(8)
Penalties. Any person operating an outdoor cafe/dining without a
valid permit or otherwise in violation of this section shall, upon
conviction, be sentenced to pay a fine of not less than $100, nor
more than $1,000 and the cost of prosecution, and in default of payment
thereof, to imprisonment for not more than 30 days. Each day that
such violation continues without being duly permitted, or otherwise
in violation of this article, shall constitute a separate violation.
H.
Outside display and sales. Outside display and sales are permitted,
subject to the following criteria:
(1)
To be considered outside display and sales, the goods, material, and merchandise which are being displayed must be offered for sale to customers. Otherwise, it shall be considered outdoor storage or stockpiling and must comply with outdoor storage and outdoor stockpile provisions set forth in Article VII of this chapter relating to outdoor storage and outdoor stockpiling.
(2)
Except as provided in this subsection below, outside display and
sales of goods, material, and merchandise shall not occupy any public
right-of-way (including public sidewalk areas), setbacks, buffer yards,
or required parking and loading areas. In no case shall the location
of such outside display and sales areas occur within any area used
for pedestrian or vehicular circulation, parking or loading, or emergency
vehicle access (e.g., fire lanes).
(a)
Within the VMU Zoning District, outside display and sales of
goods, material, and merchandise shall be limited to front porches.
(b)
Within the other zoning districts where outside display and
sales of goods, material, and merchandise is permitted, the use may
be located within the front yard and front setback.
(3)
Where permitted, outside automobile and other similar light-duty motor and passenger vehicles; and/or heavy equipment, boat, mobile/manufactured home, recreational vehicle, truck and other similar large or heavy-duty motor vehicles; or other similar establishments with outside sales/rental inventory/display areas for other similar motor vehicles, abut a street right-of-way, a perimeter landscape strip, a minimum of five feet in width planted with a hedge, masonry wall, and/or other desirable planting of at least two feet in height, along with grass or other living ground cover, shall be planted, mulched and maintained on all portions of the perimeter landscape strip, and shall be provided and protected by permanent curbing, or otherwise comply with Article IX of this chapter.
(4)
(5)
No outside display and sales shall occur on areas with a slope in excess of 15% or within any area designated as the floodway or flood fringe as provided for in Article VI of chapter relating to Floodplain Overlay Zoning District (FPO).
(6)
In order to prevent dust, erosion, and excessive water flow across streets or abutting property, all areas used for the outside display and sales shall be graded for proper drainage and shall be improved with a durable and dustless surface (e.g., concrete or bituminous concrete unless an alternative material and/or design as part of a readily accepted stormwater BMP in accordance with Chapter 460 relating to stormwater management, Chapter 480 relating to subdivision and land development, or any other construction materials specifications adopted by the Borough), and approved by the Borough Engineer.
(7)
Outside display and sales areas shall be kept in an orderly fashion
to maintain circulation for emergency response.
