Borough of Honey Brook, PA Part 10 Supplemental Use Regulations

§ 27-1001 Purpose.

[Ord. No. 247-2018, 9/17/2018]

This Part establishes supplemental standards and regulations for certain uses that require special design and other considerations to achieve compatibility with the general character of other uses permitted in a zoning district, and to promote, protect, and facilitate the public health, safety, and general welfare of Honey Brook Borough. These standards and regulations shall apply to all zoning districts in which the particular use being regulated is permitted. It is the intent of the Borough that, where these particular uses are permitted, they comply strictly with the standards and regulations in this Part that have been created to address their particular impacts and characteristics. The provisions for this Part shall be in addition to applicable zoning district regulations, any other applicable section of this or other Chapters of the Honey Brook Borough Code, and any conditions of approval as part of any decision by the Zoning Hearing Board in the case of a Variance or Special Exception, or Borough Council in the case of a Conditional Use or Land Development approval, as determined for the following uses by the zoning district in which the particular use is permitted.

§ 27-1002 Accessory Dwellings

[Ord. No. 247-2018, 9/17/2018]

A. There shall be three categories of accessory dwellings: secondary dwelling, supplemental dwelling, and Elder Cottage Housing Opportunity (ECHO). Such uses shall be permitted when in accordance with the following standards and regulations:

1. Secondary Dwelling.

a. One secondary dwelling unit shall be permitted, either through conversion of or addition to a principal single-family detached dwelling on any lot or tract. Where the residential structure is to be expanded to accommodate the secondary dwelling, the expanded structure shall comply with the minimum setback and yard dimensions and the maximum impervious surface requirements applicable to a single-family detached dwelling in the zoning district where it is located.

b. Approval from the Chester County Health Department (if applicable) and from the Borough's water and sewer authorities shall be required for the sewer and water systems to be used at the premises; such approval shall occur prior to issuance of any building permit.

c. Sketch plans and building plans for any accessory dwelling unit(s) shall be submitted to the Zoning Officer as part of a building permit application.

d. A sketch plan shall show ingress and egress to existing and proposed buildings and compliance with applicable area and bulk regulations. It shall also demonstrate adequate and suitable parking or storage space at a safe distance from any public highway for not less than two cars per dwelling unit.

e. If required for safety reasons, fire escapes and/or outside stairways shall be located to the side or rear of the dwelling.

2. Supplemental Dwelling Unit.

a. Except where a secondary dwelling has already been established on the lot or tract in accord with the provisions of subsection A.1 above, a smaller secondary dwelling unit or accessory apartment is permitted within an existing single-family detached dwelling or accessory building on the same lot as the principal dwelling without substantial exterior modification to the existing building. The purpose is to protect and allow efficient use of the existing housing stock, and to provide an opportunity to allow housing to meet the specific housing needs of the Honey Brook region and allow the owners to remain residents of that dwelling and Borough.

b. A supplemental dwelling unit or accessory apartment shall be permitted only in existing single-family detached dwellings and their accessory buildings.

c. The supplemental dwelling unit or accessory apartment shall remain accessory and secondary to the principal single-family detached dwelling.

d. The area and bulk regulations of the zoning district shall apply to the lot on which the supplemental dwelling unit or accessory apartment is located. No more than one supplemental dwelling unit or accessory apartment shall be allowed on each lot.

e. 

The supplemental dwelling unit or accessory apartment shall be permitted only in one of the following configurations:

1. Located in the existing principal dwelling and may be a conversion of an existing part of the building, such as an attached garage or upper story of the dwelling, and designed so that to the greatest extent possible, the appearance of the principal dwelling remains that of a single-family detached dwelling. Entrances to the supplemental dwelling unit or accessory apartment shall be located to the rear or side of the building.

2. Contained within an accessory building on the same lot as the principal dwelling.

f. Either the principal single-family dwelling or supplemental dwelling unit or accessory apartment shall be occupied by the bona fide owner of the property on which both dwelling units are located.

3. Elder Cottage Housing Opportunity (ECHO).

a. An ECHO housing unit shall be a temporary dwelling, and shall be accessory to a single-family detached dwelling.

b. The applicant shall demonstrate compliance with the requirements of this subsection. As part of any Conditional Use Approval, Borough Council shall require that the landowner enter into an agreement with the Council governing the use, occupancy, and removal of the ECHO dwelling unit and establishing an escrow of sufficient amount to cover the cost of removal of said dwelling unit.

c. The proposed ECHO dwelling unit may not exceed 1,000 square feet of floor area.

d. The total combined impervious coverage for the principal dwelling, the accessory structures, and the proposed ECHO dwelling shall not exceed the maximum amount permitted in the prevailing zoning district.

e. The proposed ECHO dwelling shall be occupied by either: (a) an elderly, handicapped, or disabled individual (as those terms are defined in the Americans with Disabilities Act of 1990 and any subsequent amendment thereto) related to an occupant of the principal dwelling by blood, marriage, or adoption, or (b) the caregiver for any of the above mentioned individuals. The proposed dwelling shall not be occupied by more than two (2) people.

f. The applicant shall provide documentation that the proposed method of sewage disposal and water supply comply with the requirements of the applicable permitting authority.

g. The proposed ECHO dwelling shall be located to the side or rear of the principal dwelling and shall be subject to all side and rear yard requirements of the prevailing zoning district.

h. If the proposed dwelling is a mobile home, it shall be placed on the lot in accordance with the applicable foundation and anchoring requirements.

i. The proposed ECHO dwelling unit shall be provided with properly designed and approved utility connections.

j. Upon the proper installation of the ECHO dwelling, the Zoning Officer shall issue a temporary use and occupancy permit. This permit shall be reviewed during the month of January of each year until such time that the dwelling is to be removed. A fee, in an amount established by resolution of the Council, shall be paid by the landowner upon each renewal of the temporary permit.

k. Upon occupancy of the ECHO dwelling unit, the property owner shall advise the Borough of the person(s) residing in the unit. A new use and occupancy permit shall be required whenever there is a change in the person or persons residing in the ECHO dwelling unit.

§ 27-1003 Accessory Uses, Buildings, and Structures.

[Ord. No. 247-2018, 9/17/2018]

A. General.

1. In all zoning districts, when an existing or proposed dwelling is located within 100 feet of the street right-of-way line, no accessory building other than a detached private garage or a structure for the display and sale of farm and/or nursery products shall be permitted between the minimum front building setback line and the front wall of the dwelling, provided that no part of the detached private garage may be located directly between any part of the dwelling and the minimum front building setback line.

2. Accessory uses, buildings, and structures must always be incidental and subordinate to the principle use, and located on the same tract or lot as the principle use, except as provided in paragraph A.3 below.

3. Agricultural accessory buildings may be located on a parcel separate from that containing the principle agricultural use, provided both parcels are in common ownership.

4. Except as specifically provided for in this Part, the minimum yard requirements for accessory uses, buildings, and structures shall be five (5) feet from side and rear lot lines, except a minimum of not less than ten (10) feet for active accessory uses such as tennis courts or swimming pools, and a maximum height limitation of fifteen (15) feet shall apply.

B. Agricultural Accessory Buildings.

1. These types of accessory buildings shall be permitted in any zoning district provided the following requirements are met:

a. Maximum height: 80 (eighty) feet.

b. Setback requirements. Except where expressly regulated in Subsections 1003.D, 1003.J, 1003.K, and 1003.O, agricultural accessory buildings shall comply with required yard setbacks for the respective zoning district.

c. Impervious Coverage. New impervious coverage on a site shall be subject to the stormwater management provisions contained in Chapter 23 of the Borough Code.

C. Non-agricultural Accessory Uses, Buildings, and Structures.

1. Non-agricultural accessory uses, buildings, and structures shall include, but not necessarily be limited to, garages and parking areas for passenger automobiles including noncommercial trucks and vans, shelters for household pets, bathhouses, gazebos, decks, patios, and noncommercial greenhouses, and shall be permitted in any zoning district provided the following requirements are met:

a. Maximum size: The total building footprint of accessory buildings, excluding accessory storage sheds meeting the requirements of Subsection 1003.D, singularly or in aggregate, shall not exceed the total building footprint of the principal building.

b. Maximum height. The maximum height of an accessory building shall not exceed the height of the principal building or twenty (20) feet, whichever standard is least restrictive.

c. Setback Requirements. Except where expressly regulated in Subsection 1003.D and 1003.O, nonagricultural accessory buildings must comply with required yard setbacks for the respective zoning district.

d. Impervious Coverage. New impervious coverage on a site shall be subject to the stormwater management provisions contained in Chapter 23 of the Borough Code.

D. Accessory Storage Sheds.

1. The following regulations shall apply to accessory storage sheds, provided the shed does not exceed 300 square feet in building area and does not exceed a maximum height of fifteen (15) feet.

a. No accessory storage shed shall be located between the street right-of-way line and a parallel line at the front of the principal building.

b. No accessory storage shed shall be within ten (10) feet of the side or rear property line.

c. No more than two (2) accessory sheds shall be permitted on any lot. In addition, the aggregate square footage of sheds on a lot shall not exceed 600 square feet.

E. Noncommercial swimming pool/hot tub.

1. The following standards and regulations shall apply to noncommercial swimming pools and hot tubs:

a. Noncommercial swimming pool, including both above-ground and in-ground pools, designed with a depth of two (2) feet or more shall be for use of residents and their guests and shall not be operated commercially as to charge a fee for its use.

b. A permit shall be required to locate, construct or maintain a noncommercial swimming pool.

c. Swimming pools and buildings related to the pool may be located in the rear or side yard of the lot and shall not be closer to any rear or side lot line than the minimum required building setbacks of the district in which the lot is located. Any paved areas or decks related to the pool shall be no closer than five (5) feet to a lot line.

d. Outdoor lighting, if any, shall be shielded and/or reflected away from adjacent properties so that the lighting is neither directed nor reflected upon adjacent properties.

e. Non-commercial swimming pools shall be completely enclosed by a permanent fence of durable material at least four (4) feet in height which shall be maintained in a good, safe condition. The fence shall be erected prior to the filling of the swimming pool and shall have self-closing and self- latching access gates which shall open away from the pool and where the release mechanism is located on the pool side of the gate. The fence and access gates shall be constructed so as not to have opening exceed four (4) square inches in any direction, except in the case of a picket fence where the horizontal dimension shall not exceed four (4) inches. This fencing provision shall not apply to a swimming pool four (4) feet or more above grade when equipped with removable steps or ladders, provided that said steps or ladders shall be removed when the pool is not in use.

f. At the time of application for a building permit, it shall be demonstrated that the pool contains a filtration system, and that drainage of the pool is adequate and will not interfere with the water supply system, with existing sewage facilities, with public streets, and shall not drain into the neighboring property.

g. Freestanding independent hot tubs and those associated with a noncommercial swimming pool shall be covered and latched when not in use.

F. Portable Toilets.

1. The following standards and regulations shall apply to portable toilets, as defined by this Chapter:

a. Where portable toilets are permitted in conjunction with construction sites, temporary recreational or other special event activities, or temporary seasonal facilities; removal shall occur upon completion of the use or activity to which they are accessory.

b. Any temporary portable toilet shall be in compliance with 25 Pa.Code, § 73.64 of the regulations of the Pennsylvania Department of Environmental Protection.

c. No portable toilet shall be located less than thirty (30) feet from any lot line.

d. Where a portable toilet is to be used for six (6) months or more during any calendar year, it shall be visually screened, to the satisfaction of the Borough, from any adjacent property through use of vegetative and/or architectural materials.

e. Any portable toilet shall be routinely serviced and cleaned with a frequency based on the need for same as generated by the intensity of use of the facility.

G. Tennis Courts.

1. The following standards and regulations shall apply to tennis courts, as defined by this Chapter:

a. When a tennis court is located within 100 feet of a street, driveway or abutting property line, a permanent open mesh fence ten (10) feet in height shall be provided behind each baseline. This fence shall be parallel to the baseline and at least ten (10) feet beyond the playing surface unless the entire court is enclosed.

b. Lighting fixtures, if provided, shall be directed and shielded, in a manner deemed acceptable by the Borough, to prevent unnecessary light spillage or glare on abutting properties or streets.

c. Tennis court fencing shall be no closer than ten (10) feet from any lot line.

H. Garage/yard and Private Vehicle Sales.

1. Within any zoning district, an owner and/or occupant of any dwelling may conduct no more than four garage/yard sales within a twelve (12) month period subject to the following standards and regulations.

a. No garage or yard sale shall be conducted for a period longer than two (2) consecutive days; there shall be at least thirty (30) days between each occurrence. Such sales shall only be conducted from 7:00 am to 9:00 am on Mondays through Saturdays.

b. Garage/yard sales may offer for sale only personal possessions. No importing or stocking of inventory shall be permitted.

c. Signs for garage/yard sales shall be limited to a four (4) square foot sign advertising such sale. The sign must be located upon the premises where the sale occurs and shall be removed promptly upon the completion of the sale.

d. In no case shall any aspect of the garage/yard sale be conducted within any street right-of-way. Additionally, vehicular parking at any garage/yard sale shall not occur in a manner which obstructs or hinders vehicles passing the garage/yard sale site.

e. Private vehicle sales shall include the sale of any vehicle requiring licensing by the Commonwealth of Pennsylvania. No more than one private vehicle may be displayed at any given time on a residential lot and be offered for sale, and such vehicle offered for sale shall be owned by a resident of the lot.

I. (Reserved)

J. Tent Sale (also sidewalk sale).

1. The following standards and regulations shall apply to tent sales as defined in this Chapter:

a. Tent Sales, as an accessory use, shall be limited to the MUC-Mixed Use Commercial District.

b. A tent sale shall be deemed a temporary use.

c. Tent sales may be held no more frequently than four (4) times per calendar year on any lot.

d. The maximum duration of any tent sale event shall be seven (7) days.

e. Signs associated with a tent sale shall be in accordance with the standards in Part 9, "General Regulations".

f. A temporary use permit shall be applied for and obtained prior to the conduct of any tent sale. Application fees for temporary use permits shall be paid in accordance with a fee schedule adopted by resolution of the Council

K. Animals.

1. In any district up to five (5) dogs and/or cats over six (6) months old may be kept as pets provided that any shelter or exercise area is enclosed and located in the rear yard at least ten (10') feet from any lot line and not less that fifty (50') feet from any dwelling other than that of their owner. Litters shall not count towards the number limitations.

2. In any district up to twelve (12) small domestic animals such as rabbits and guinea pigs may be kept for non-commercial purposes.

3. Chickens, turkeys, pigs, geese, ducks, pigeons, and similar type of animals are not permitted to be kept as domestic pets in the Borough.

4. The keeping of horses and ponies for private, non-commercial recreational use shall be permitted in residential districts, subject to the following limitations:

a. A lot size two (2) acres shall be the minimum for keeping of one (1) animal; for each additional animal, one (1) additional acre of lot size will be required.

b. Stables for horse or ponies shall be set back a minimum of one hundred (100') feet from all lot lines.

c. Lots shall be graded so that animal wastes from stables are confined, stored, or disposed within the lot on which they originate and so not to be directed to any watercourse. Animal waste shall be regularly removed from the property as required to minimize attracting vermin, flies, etc. and generating odors that are offensive to neighboring properties.

d. All animal waste shall be disposed of in a manner which protects public health and which is adequate to prevent any nuisance conditions.

e. Animal waste shall be stored in accordance with the same setback requirements for the barns and stables where the animals are housed. Animal waste shall be stored a minimum of one hundred (100') feet from wells.

L. Commercial or Industrial Accessory Uses, Buildings, or Structures.

1. The following uses shall be permitted when incidental and subordinate to commercial or existing industrial use:

a. Off-street parking facilities in accordance with Part 9, "General Regulations."

b. Signage in accordance with Part 9, "General Regulations."

c. Outdoor storage or display of materials in accordance with Part 9, "General Regulations."

d. Fences or walls in accordance with Part 9, "General Regulations."

e. Radio and television antenna, or microwave dish antenna subject to § 27-1007.

f. Flagpoles, subject to the height restrictions of the zoning district in which it is located.

M. Temporary Structure, Building, or Use.

1. Temporary structures, building, or use shall be subject to the following standards and regulations:

a. A temporary permit may be issued for structures or uses necessary during construction or other special circumstances of a nonrecurring nature, subject to the Borough permitting process.

b. A temporary structure or use could include, but is not limited to, offices for contractors, temporary residential uses, political campaign headquarters, temporary structures for business operations which have been displaced from the principal building due to damage, or other similar uses.

c. The time period of the initial permit shall be three (3) months. The permit may be renewed for three (3) months if the applicant can demonstrate reasonable progress towards the completion of the project necessitating the temporary structure, building, or use.

d. Such structure, building, or use shall be removed completely within ten (10) days of the expiration of the permit without cost to the Borough.

§ 27-1004 (Reserved)

[Ord. No. 247-2018, 9/17/2018]

§ 27-1005 Automobile, truck, farm equipment, boat, other motor vehicle, and mobile and modular home sales, service, and repair facilities.

[Ord. No. 247-2018, 9/17/2018]

A. Automobile, truck, farm equipment, boat, other motor vehicle, and mobile and modular home sales, service, and repair facilities shall be subject to the following standards and regulations:

1. All service and/or repair activities shall be conducted within a single, wholly-enclosed building.

2. No outdoor storage of parts, equipment, lubricants, fuel, or other materials used or discarded as part of the service operation shall be permitted. Materials discarded as part of the service operation shall be contained within wholly-enclosed dumpster equipment.

3. All exterior vehicle storage areas shall be screened from adjoining agriculturally-zoned and residentially-zoned property in accordance with § 27-908 of this Chapter.

4. All ventilation equipment associated with fuel storage tanks shall be oriented away from, any residentially-zoned property.

5. All vehicles shall be repaired and removed from the premises as promptly as possible. Any vehicle not receiving repair work within the preceding seven (7) days shall be removed.

6. The demolition or storage of junked vehicles and mobile homes and parts thereof is prohibited.

§ 27-1006 Auto Service Station.

[Ord. No. 247-2018, 9/17/2018]

A. Auto service stations shall be subject to the following standards and regulations:

1. The minimum lot width shall be 200 feet along each street on which the lot abuts.

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

3. Fuel pumps shall be at least twenty-five (25) feet from any street right of way.

4. All automotive parts and dismantled vehicles shall be located within a building.

5. Full body paint spraying or body and fender work shall not be permitted.

6. Automobiles that are taken to a service station for outside storage because of an accident may remain no longer than sixty (60) days from the day the automobile arrives at the station.

7. Canopies for fuel pump islands shall be lit with recessed lighting under the canopy. Light sources shall be shielded from the view of surrounding properties.

8. All automotive service stations shall be designed so as to provide for orderly, safe movement of vehicles to and from such facility, including clearly-defined and marked traffic lanes (or where determined by the Zoning Officer to be necessary for such safe vehicular access to a parking facility, curbed access lanes).

9. Vehicular circulation at an auto service station shall be designed to provide adequate area between fuel pumps to allow unimpeded travel between pump islands when all fuel pumps are occupied. A minimum of two (2) cars (one at the fueling pump with one (1) stacked behind) must be accommodated from whichever direction(s) cars may queue to the pump area.

10. Auto service stations shall provide adequate stacking for cars at each pump island without impeding interior traffic circulation or access to any service bay doors.

11. Auto service stations shall provide approved oil separators (including a written operation and periodic maintenance program to insure their proper functioning) for all storm drains on the lot occupied by such use that will receive stormwater runoff from such use or facility.

12. Auto service stations shall provide protections satisfactory to the Borough to prevent spills, to clean spills quickly and to prevent spilled fuel from entering the stormwater system. The protections required by this section may include, but are not limited to, employee training, spill and hazard kits, safety equipment on pumps and underground storage tanks and facilities in nearby stormwater inlets which block and collect spilled fuel to prevent contamination of the stormwater system. An ongoing inspection and maintenance program shall be provided.

§ 27-1007 Bed and Breakfast Establishment.

[Ord. No. 247-2018, 9/17/2018]

A. A Bed and Breakfast Establishment shall be subject to the following standards and regulations:

1. A bed and breakfast establishment shall only be permitted in a single family detached dwelling which is the bona fide residence of the operator. The appearance of the building shall not be altered as to detract from its residential character, except as required for safety reasons in meeting Borough and State regulations.

2. The use shall be carried on primarily by members of the immediate family who reside on the premises. There shall be no more than two non-resident employees.

3. The minimum lot size shall be that of the underlying zoning district in which this use is located.

4. No more than four guest rooms suitable to accommodate eight guests shall be provided. No guest shall be accommodated more than fourteen (14) consecutive nights.

5. Breakfast and/or afternoon tea shall be the only meals provided, and shall be provided only to guests of the bed and breakfast establishment. There shall be no separate cooking facilities in any guest room.

6. Amenities provided by the bed and breakfast establishment such as swimming pool, porches, or decks shall be limited for the use of the residents and guests of the facility.

7. The operator of the bed and breakfast shall meet all applicable Borough Fire and Safety Codes, and State and County requirements.

8. In addition to applicable parking requirements in Part 9, "General Regulations," there shall be one off-street parking space per guest room and one space for each non-resident employee. The off-street spaces shall be screened from adjacent residential properties by fencing or natural vegetation in accordance with Part 9, "General Regulations."

9. Signs associated with the bed and breakfast establishment shall be in accordance with Part 9, "General Regulations."

§ 27-1008 Boarding/Rooming House.

[Ord. No. 247-2018, 9/17/2018]

A. A Boarding/rooming house shall be subject to the following standards and regulations:

1. A maximum of six (6) boarders shall be permitted in a boarding house.

2. Each boarding unit shall have a minimum floor area of 200 square feet. A maximum of two boarders may share a boarding unit.

3. Each boarding house shall contain a common kitchen facility.

4. A complete bathroom facility shall be provided for every two (2) boarding units.

5. An operator shall live on the premises.

6. One off-street parking space per resident shall be provided in addition to the requirements for the residence.

7. The existing sanitary sewage system shall be recertified as adequate in accordance with State regulations prior to the establishment of the specific use.

§ 27-1009 Bus Station.

[Ord. No. 247-2018, 9/17/2018]

A. A Bus Station shall be subject to the following standards and regulations:

1. There shall be a one (1) acre minimum lot size.

2. An area for the loading and unloading of buses shall be provided separate from required off-street parking areas.

3. The lot shall have access available to an arterial street.

4. The subject property shall be at least 300 feet from the property line of any parcel containing a school, child day care facility, playground, or library.

5. The applicant shall provide a traffic impact study for the proposed use. The traffic impact study shall be prepared in accordance with the requirements of the Borough Subdivision and Land Development Chapter [Chapter 22].

§ 27-1010 Car Wash.

[Ord. No. 247-2018, 9/17/2018]

A. A Car Wash, whether as a principal use or accessory to an auto service station, shall be subject to the following standards and regulations:

1. The property shall be served by a public water system. The car wash facility shall include a system to collect and recycle the water used in the car washing operation.

2. Traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets.

3. Access points shall be limited to two (2) on each street abutting the lot.

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

5. Three marked parking/waiting spaces per manual car wash bay/lane and eight (8) marked parking/waiting spaces per automatic car wash bay/lane shall be provided, to allow for stacking of waiting customers.

6. All structures shall have a minimum setback of 100 feet from any property not zoned MUC — Mixed Use Commercial and any property used for agricultural or residential purposes.

7. The site shall be kept free of debris and trash.

§ 27-1011 Cemetery.

[Ord. No. 247-2018, 9/17/2018]

A. The following standards and regulations shall apply to any Cemetery, whether a principal or accessory use, except as otherwise noted:

1. The minimum net lot area shall be one (1) acre, for a cemetery, when located on a separate parcel or lot. If located on the same lot as a church, the combined minimum net lot area shall be three (3) acres.

2. Any cemetery shall comply with the following standards:

a. No burial ground or plot or any structure related to the cemetery operation shall be located within:

i. Ten (10) feet of any property line or street line.

ii. One hundred feet of any existing well.

iii. Ten (10) feet of the cartway of any private vehicular accessway within the tract or any parking area.

b. In no case shall any structure, burial ground, or burial plot be located within the FH-Flood Hazard or WHP-Wellhead Protection Area Zone 1 or 2 Overlay Districts.

c. The maximum height of cemetery structures shall be:

i. For a grave stone, monument, or statue marking an individual burial sites: six (6) feet.

ii. For a mausoleum: fifteen (15) feet.

iii. For any other structure: thirty-five (35) feet.

d. The placement of burial vaults within burial ground areas shall comply with the following standards:

i. Multiple burial vaults may be placed in a single plot (i.e., one above the other).

ii. No vault shall be located less than three (3) feet beneath the ground surface after development, except where completely enclosed within a mausoleum.

iii. No vault shall be located where, at its greatest depth below the ground surface, it may intrude upon the seasonal high water table.

iv. In order to provide for adequate percolation of groundwater, all burial vaults shall be placed such that minimum horizontal separation between vaults is no less than two (2) feet. This provision shall not apply to burial vaults completely enclosed within a mausoleum.

v. Natural buffer areas shall be retained to the greatest degree feasible to mitigate impacts to scenic landscape qualities and water recharge capacity. Use of plant material is encouraged to provide privacy, screening, and access control.

B. Application Requirements. The following shall be provided by the applicant for review by the Borough prior to receiving approval to operate a cemetery:

1. The application for a cemetery, whether as a conditional use approval or a subdivision or land development, shall include the following:

a. For a conditional use, a plan shall accompany the application which identifies natural constraints, proposed capacity of burial plots, circulation of vehicles through the proposed cemetery, all proposed buildings, other improvements, and general landscaping or protection of existing vegetation. If the conditional use is approved, the applicant shall submit a plan sufficient to comply with the requirements of a minor land development plan in Chapter 22.

b. For a cemetery permitted by-right, a land development plan shall be submitted for review by the Borough. Where the cemetery review is for expansion of an existing cemetery, the full land development plan may be waived by the Borough provided that the applicant provide a sketch plan for review by the Borough Planning Commission and agrees to incorporate the sketch plan into the legal agreement specified in clause (c), below, as an exhibit for maintenance of the cemetery property.

c. A narrative of how the cemetery will be developed and maintained.

d. At the discretion of the Borough Engineer, a traffic study subject to the requirements of Chapter 22 may be required for cemeteries considered significantly large enough to warrant such study.

e. Prior to approval of a cemetery, either as a land development or a sketch plan where land development review has been waived, the applicant shall engage a qualified soil scientist to conduct soil testing of the proposed cemetery site along the perimeter and in areas proposed for burial plots to confirm the depth to the water table. Such testing shall be conducted in the presence of the Borough Engineer. In addition, in conditions of drought, the soil scientist shall consider weather conditions in the assessment of the normal depth to the water table.

f. The applicant shall provide sufficient hydrologic and other information to satisfy Borough Council that potential for groundwater contamination from development of burial grounds shall not be hazardous to any neighboring water supply wells. As a condition of approval, the Borough Council may require the installation of monitoring well(s) where potential hazard to neighboring well(s) is suspected.

g. The applicant shall provide a legal agreement, subject to the approval of the Council, based upon review by the Borough Solicitor, which shall identify the owners or operators responsible for the long-term maintenance responsibilities and the financial means for such maintenance. This agreement shall comply with the provisions for ownership and maintenance of open space as provided in § 22-625. This legal agreement shall be incorporated on the subdivision or land development plan by reference and recorded with deed to the property.

§ 27-1012 Church or Similar Place of Worship.

[Ord. No. 247-2018, 9/17/2018]

A. A Church or Similar Place of Worship shall be subject to the following standards and regulations:

1. In any zoning district in which a church is permitted, the minimum lot area shall be two (2) acres and the minimum lot width shall be 200 feet.

2. Side yard and rear yard setbacks of not less than fifty (50) feet shall be provided on any church property.

3. Off-street parking facilities shall be located not less than twenty-five (25) feet from the street right-of-way line and from the side and rear property lines. The Board may require additional screening of any parking facility, if it is determined necessary.

4. A maximum of sixty (60) percent of the lot area may be covered by impervious surface.

5. One (1) church-related residence, as a use accessory to the church, may be located on the same parcel as the church.

6. The applicant may be required to provide a traffic impact study for the proposed use. The traffic impact study shall be prepared in accordance with the requirements of the Borough Subdivision and Land Development Chapter [Chapter 22].

7. Church-related educational or day care facilities:

a. Where educational facilities and programs are offered below the college level, the applicant shall include a plan for outdoor recreation that is acceptable to Borough Council. Such plan shall include appropriate screening and buffering from adjacent residential properties.

b. Student and child drop-off areas shall be designed to eliminate the need to cross traffic lanes within or adjacent to the site.

8. The applicant shall provide a parking plan which demonstrates that the proposed parking facilities are sufficient for the intended use and in compliance with the terms of this Chapter.

§ 27-1013 Club or Lodge.

[Ord. No. 247-2018, 9/17/2018]

A. A Club or Lodge shall be subject to the following standards and regulations:

1. The minimum area for a club or lodge shall be that of the underlying zoning district.

2. The use of the facility shall be for authorized members and guests only.

3. Lodging of overnight guests is prohibited in any building that is a club or lodge.

4. Outdoor activity areas shall be setback a minimum of twenty-five (25) feet from any property line.

5. When located within or adjoining a residential district or use, the hours of operation shall be established by the Zoning Hearing Board.

6. Outdoor lighting shall comply with the appropriate provisions in Part 9, "General Regulations."

7. A buffer, in accordance with Part 9, "General Regulations," shall be maintained adjacent to any residential use or district. All structures, parking, and facilities for outdoor activity shall be screened.

§ 27-1014 (Reserved)

[Ord. No. 247-2018, 9/17/2018]

§ 27-1015 Commercial-Residential Conversion.

[Ord. No. 247-2018, 9/17/2018]

A. A commercial-residential conversion shall be the dividing of existing commercial buildings, such as inns or hotels, into two or more dwelling units with no more than three bedrooms per unit, with the resulting units having independent kitchen, bath, and sleeping facilities. The intent is to provide an alternative use for structurally sound, larger, older buildings which may no longer be economically viable as a single commercial use and which can provide an additional living option for today's smaller family size. The following requirements shall apply for commercial-residential conversions:

1. Commercial-residential conversions are permitted only in the TC - Town Center District and shall be developed as a mixed use per the requirements for § 27-1039, "Mixed Use/Upper Floor Dwelling Unit," with commercial uses maintained on the first floor. Commercial-residential conversions converted to two (2) dwelling units or more shall maintain the appearance of the commercial use with a single front entrance. The resulting dwelling units may share a single front entrance and where appropriate or required, additional entrances may be placed on the side or rear of the buildings. Exterior stairways and fire escapes shall be located to the rear of the building in preference to either side wall and in no case be located on a front facade facing a street. Except as may be necessary for reason of safety, there shall be no major alteration to the building in conjunction with the commercial-residential conversion.

2. The minimum lot area and bulk regulations for commercial uses in the TC — Town Center District, in which the commercial-residential conversion is proposed, shall be met.

3. The gross density of the Commercial-Residential Conversion shall not exceed twelve (12) dwelling units per acre.

4. Separate kitchen and bathroom facilities shall be provided per unit. All applicable Borough Building Code, Borough Authority regulations, and Chester County Health Department regulations and permit requirements regarding the installation of these facilities shall be met and indicated on the plans. Approval from all applicable agencies is necessary prior to issuance of a building permit by the Borough.

5. Trash receptacle shall be screened so as to not be visible from the street or abutting properties except on scheduled days for trash pickup.

6. Site and floor plans for the commercial-residential conversion shall be included with the application for conversion indicating any exterior or interior building alterations.

7. The off-street parking space requirements of this Chapter shall be met, in accordance with Part 9, "General Regulations."

§ 27-1016 Convenience Store.

[Ord. No. 247-2018, 9/17/2018]

A. The following standards and regulations shall apply to any Convenience Store, as defined and specifically permitted by this Chapter. The standards in this Section shall supersede similar standards that may be contained in the zoning district in which a convenience store is permitted. Standards in the base zoning district that are not addressed in this Section shall be applicable to the convenience store use.

1. A gross lot area of not less than two (2) acres shall be required for any convenience store.

2. The maximum floor area of a convenience store shall be 8,000 square feet. The minimum floor area of a convenience store that includes the retail sale of automotive fuel shall be 3,000 square feet.

3. There shall be no limit on the operating hours of a convenience store. During the hours of 10 p.m. to 6 a.m. and on Sundays and legal holidays; however, there shall be no deliveries to the site or trash removal from the site, no operation of a vehicle in excess of 9,200 pounds on the property nor the idling of any motor of such vehicle, and no operation of any powered equipment or mobile refrigeration unit.

4. In addition to landscaping and buffering as may be required by Part 9, "General Regulations", the Board may require supplemental fencing, consisting of materials and dimensions it deems appropriate, along any property line that abuts an agricultural or residential use or an agriculturally-zoned or residentially-zoned property.

5. To assure satisfactory management of the property and the mitigation of potential off-site impacts:

a. Food and beverage may be consumed within a designated outdoor seating area or within a parked vehicle, but otherwise not within the parking area or any other exterior portion of the site.

b. Trash disposal shall be managed to prevent any problem of littering on or off the site. Dumpsters or similar large-scale outdoor trash receptacles shall be completely screened from view, and access gates shall be closed at all times when not in use.

c. Noise and lighting shall be controlled to avoid any impact on nearby residential properties.

d. Outside loud speakers shall be audible only to persons in the immediate vicinity of the fueling positions.

6. The applicant shall demonstrate that the proposed design of the building facade and related canopy or other structural elements on the property will minimize incompatibility with the character of existing buildings on immediately adjacent properties.

7. Where a convenience store includes a fuel dispensing station, such use shall be separately regulated by § 27-1031 of this Part.

§ 27-1017 Day Care Facility.

[Ord. No. 247-2018, 9/17/2018]

A. Day care facilities shall be subject to the following standards and regulations:

1. Operators are responsible for compliance with all pertinent approval and license requirements, from appropriate State, county, and other agencies. Prior to issuing a zoning permit by the Zoning Officer, the applicant shall have received and hold all pertinent approvals and licenses, and where applicable, the applicant shall also provide evidence that all conditions set by the Council during the Conditional Use approval process have been met.

2. Child Day Care. Minimum indoor areas and outdoor play area requirements per child shall meet all applicable current Pennsylvania Department of Public Welfare requirements. In addition, an outdoor play area shall be provided according to the following:

a. The outdoor play area shall be located to the rear or side of the building.

b. The outdoor play area shall be enclosed by a fence suitable to restrict children to the play area and fencing shall be a minimum of five (5) feet in height.

c. The outdoor play area shall not include driveways, parking areas, or any other area unsuited to active recreation.

d. The outdoor play area shall be on the same site as the principal structure.

e. Play equipment shall be located at least ten (10) feet from an abutting property line.

f. Outdoor play areas shall be sufficiently screened as to protect adjacent residential areas from noise and disturbance.

g. Outdoor play shall be limited to daylight hours.

3. Adult Day Care. Minimum indoor and outdoor recreation area requirements shall meet all applicable current state requirements per adult. In addition, an outdoor recreation area shall be provided according to the following:

a. The outdoor recreation area shall be located to the rear or side of the building.

b. The outdoor recreation area shall be enclosed by a fence suitable to restrict adults to the area and fencing shall be a minimum of five (5) feet in height.

c. The outdoor recreation area shall not include driveways, parking areas, or any other area unsuited to active recreation.

d. The outdoor recreation area shall be on the same site as the principal structure.

e. Outdoor recreation areas shall be sufficiently screened as to protect adjacent residential areas from noise and disturbance.

4. Signage shall be permitted in accordance with Part 9, "General Regulations."

5. Off-street parking and passenger unloading and loading space shall be provided to prevent interference with traffic flow on any adjacent street or road, in accordance with Part 9, "General Regulations." There shall be one (1) unloading space per ten (10) children or adults, and one parking space per employee, and all other applicable provisions in Part 9, "General Regulations," shall apply.

6. All pedestrian pathways shall be adequately lit for safety if utilized during non-daylight hours. Specific areas for lighting are entrance ways, pedestrian access to the outdoor play areas, sidewalks, drop-off areas, merchandise delivery areas, and all parking lots. Such lighting shall be directed and shielded, in a manner acceptable to the Borough, to prevent unnecessary light spillage or glare on abutting properties or streets.

7. Fencing shall be provided to restrict occupants from hazardous areas, such as open drainage ditches, wells, holes, and arterial and major collector roads. Natural or physical barriers may be used in place of fencing so long as such barriers functionally restrict occupants from these areas.

8. Adult and child day care facilities shall not provide medical or personal care services which extend beyond simple first aid and assistance with dressing, bathing, diet, and medication prescribed for self-administration unless licensed by the Pennsylvania Department of Public Welfare (PADPW) to provide such services.

9. Adequate water and sewer service shall be provided to the site in accordance with the requirements of the Pennsylvania Department of Environmental Protection (PADEP), the Borough's Authorities, and the Chester County Health Department.

10. The applicant shall submit a plan showing any existing or proposed outdoor play areas, outdoor play equipment, fencing, access drives, adjacent streets, adjacent hazardous land uses, on-site hazardous areas (as previously defined), merchandise delivery areas, parking spaces, and the child or adult drop-off circulation pattern.

11. If the day care facility will be subject to PADPW requirements, evidence of the ability to comply with said requirements must be presented as part of the permit application.

§ 27-1018 (Reserved)

[Ord. No. 247-2018, 9/17/2018]

§ 27-1019 Drive-Through Service.

[Ord. No. 247-2018, 9/17/2018]

A. A Drive-Through Service shall be subject to the following standards and regulations:

1. The use shall have direct access to either a collector or arterial street, as defined in the Honey Brook Borough and Borough Multi-Municipal Comprehensive Plan.

2. For a drive-through window located adjacent to a residential use or district, screening of no less than five (5) feet in depth shall be maintained along all property lines abutting the residential use or district, per Part 9, "General Regulations."

3. Drive-through service windows for restaurants must have a cartway that has a dedicated area for conducting business, a vehicle stacking lane which can accommodate a minimum of eight (8) cars for restaurant and a minimum of five (5) cars for banking and other uses for those waiting to conduct business, and an area for departing vehicles. The stacking lane shall not be used for parking lot circulation aisles or in any way conflict with parking or circulation. The stacking lane shall be clearly marked to distinguish it from other traffic.

4. Access shall be a minimum of forty (40) feet from street intersections. The distance shall be measured from the street right-of-way to the edge of the access driveway.

5. When this use is adjacent to or on the same lot as other commercial establishments, it shall use a common access with the other establishments and not have a separate entrance to the street.

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

7. Trash receptacles shall be provided outside the restaurant for patron use, but shall not be located within fifteen (15) feet of any residential properties.

8. A trash storage unit shall be provided which is designed to be screened from the street and adjacent properties.

§ 27-1020 Dry Cleaner, Laundry, Laundromat.

[Ord. No. 247-2018, 9/17/2018]

A. Dry cleaner, Laundry, or Laundromat uses shall be subject to the following standards and regulations:

1. The property shall be served by public sewer and public water facilities.

2. All activities shall be within completely enclosed buildings.

3. All windows and doors on walls facing adjoining residentially-zoned properties shall be kept closed during hours of operation and occupancy.

4. Exhaust and ventilation equipment shall discharge away from any adjoining residentially-zoned properties.

§ 27-1021 (Reserved)

[Ord. No. 247-2018, 9/17/2018]

§ 27-1022 Forestry (Timber Harvesting).

[Ord. No. 247-2018, 9/17/2018]

A. Purpose:

1. To encourage proper management and silvicultural practices that reap continuous economic benefits from a woodland or forest while still maintaining or improving wildlife habitat, protecting forest soils and waters, and ensuring the continuation of productive forest ecosystems;

2. To recognize the important values that woodlands offer to southeastern Pennsylvania where most of the land has been converted to agriculture and urban uses. These values include wildlife, water filtration/regulation, soil retention, carbon sequestration, wood products, recreation, and aesthetics; and

3. To ensure the Borough's citizens right to clean air, pure water, and to conserve the natural, scenic, historic and aesthetic values of the environment as guaranteed by Article I, Section 27, of the Pennsylvania Constitution.

B. Applicability - Forestry, including Timber Harvesting as defined in this Chapter, shall be a permitted use by right in all zoning districts. Timber harvesting shall be conducted in accordance with the following standards and regulations:

1. Any timber harvesting shall be undertaken in accordance with a timber harvesting plan submitted by a landowner or timber harvest operator, and approved by the Borough. All timber harvesting plans shall be prepared and signed by a professional forester and submitted to the Borough for review for compliance with the standards for timber harvesting operations set forth herein not less than forty-five (45) days prior to commencement of the timber harvesting operation. The Borough may seek the assistance of the Chester County Conservation District and/or the PA DCNR Bureau of Forestry Service Forester in reviewing the timber harvesting plan. Within thirty (30) days of submission to the Borough, a timber harvesting plan shall be approved if meeting all of the following requirements, or denied. If denied, the Borough shall at the same time inform the applicant of the plan deficiencies in order to help facilitate a plan re-submittal.

2. Any timber harvesting plan submitted to the Borough for review and approval shall include both narrative and maps supplying the following:

a. Name, address, and telephone number of landowner and the timber harvesting operator, if known. Identity and contact information, including phone number for immediate contact, for the timber harvesting operator shall be provided to the Borough no later than upon award of the bid for the timber harvest covered by the approved timber harvesting permit.

b. An existing features map, drawn to scale, with north arrow, showing:

i. Site location and boundaries of both the entirety of the property upon which the timber harvesting shall occur and the area proposed for timber harvesting within that property;

ii. General location of the area proposed for timber harvesting in relation to municipal and state highways, roads, and bridges, including any weight limits, locations of ingress and egress to the public road system, and haul routes to be used through the Borough;

iii. Existing watercourses (including identifying any with EV or HQ status), floodplain areas, and wetlands within the area proposed for timber harvesting.

iv. Topography of the property, including identification of any steeply sloped area(s), as defined herein, within the area proposed for timber harvesting;

c. A logging plan, at the same scale as the existing features map, with north arrow, showing:

i. The area proposed for timber harvesting within the property;

ii. Location of all earth disturbance activities such as skid roads, skid trails, log landings, points of access to municipal or state highways or roads, and water control measures and structures;

iii. Location of all crossings of any watercourses, wetlands, or seasonally wet areas.

iv. Design, construction, maintenance, and retirement of the access system, including haul roads, skid roads, log landings, and temporary points of access to municipal or state highways or roads;

v. Design, construction, and maintenance of water control measures and structures such as culverts, broad-based dips, filter strips, and water bars; and

vi. Design, construction, and maintenance of proposed watercourse and wetland crossings.

d. The logging plan shall address and comply with the requirements of all applicable state regulations including but not limited to, the following:

i. Erosion and sedimentation control regulations contained in Title 25 Pennsylvania Code, Chapter 102, promulgated pursuant to The Clean Streams Law (35 P.S. Section 691.1 et seq.) and

ii. Stream crossing and wetlands protection regulations contained in Title 25 Pennsylvania Code, Chapter 105, promulgated pursuant to the Dam Safety and Encroachments Act (32 P.S. Sect. 693.1 et seq.).

iii. An approved Timber Harvest Erosion and Sedimentation Control Plan for the proposed timber harvest submitted to PADEP or to the Chester County Conservation District if delegated such responsibility by PADEP may be submitted to satisfy the requirements of subsections B.2.d, i. and ii. above. The name and contact information for the assigned Chester County Conservation District staff person reviewing the written E&S plan shall be included with the timber harvesting plan, if known.

e. A forest stewardship activities plan, if available, for the area proposed for timber harvesting. If not available, then at a minimum, the timber harvesting plan shall include the following information:

i. How the landowner will insure the success of the proposed forest regeneration method for the area proposed for timber harvesting. Regeneration methods include, but are not necessarily limited to, single-tree selection or group selection, shelterwood, seed tree, and clearcut;

ii. Where forest regeneration is a goal of the landowner, the professional forester shall provide a written narrative explaining how regeneration within the area to be timber harvested will be successfully accomplished and maintained based on the following analysis:

a) Assess advanced regeneration, seed sources for postharvest regeneration, and potential stump and root sprouting;

b) Assess, and if necessary, control competing vegetation such as ferns, grasses, and other undesirable understory tree and shrub species;

c) Assess, and if necessary, control the potential loss of seed, seedlings, and sprouts to deer and other wildlife.

iii. A listing and description of the selected forest best management practices to be employed during and after the timber harvesting operation (See Best Management Practices for Pennsylvania Forests, Penn State College of Agriculture).

iv. Where clearing of woodlands or forest is part of agricultural plowing and tilling activities covered under PA Title 25, Chapter 102 Erosion and Sedimentation Control, a Conservation Plan Report submitted for approval by the Chester County Conservation District that reduces erosion below the tolerable levels in crop field and incorporates the new acreage into proper management may be substituted for a forest stewardship activities plan or other information required under sub-section 1 through 3 above, and shall be submitted with the logging plan.

f. A timber harvesting plan proposing any crossing of streams or wetlands or otherwise obstructing or encroaching any watercourse during the harvesting operations must identify any and all required permits, plans, and approvals required by PADEP, Chester County Conservation District, or the U.S. Army Corps of Engineers. Copies of any and all approved permits, plans, and approvals shall be provided to the Borough upon receiving such approval.

g. Timber harvesting proposed on prohibitive slopes must provide an explanation of the erosion and sediment control best management practices to be employed on the slopes, the reasons for harvesting on the slopes, and method for retrieving the logs that are felled on the slopes.

h. A timber harvesting plan proposing to engage in earth disturbance activities within a wetland, seasonally wet area, or within fifty (50) feet of any water course shall include a description of the best management practices required for the activity under both an erosion and sediment control plan and pursuant to the Dam Safety and Waterway Management regulations.

i. Boundaries of the property proposed for timber harvesting, the area proposed for timber harvesting, and the trees to be harvested shall be clearly demarcated in the field no more than seven (7) days after the timber harvesting plan has been filed with the Borough for approval.

3. Upon Borough approval of the timber harvesting plan, the provisions of the approved plan shall be followed or observed throughout the operation, and the plan shall be available at the harvest site at all times during the operation and shall be provided to the Borough Zoning Officer upon request.

4. In addition to those forest best management practices selected by a landowner or timber harvest operator, the following minimum acceptable standards shall apply to all timber harvesting:

a. Diameter-limit cutting and selective cutting, as defined in this Chapter, shall be prohibited.

b. Use of the clear-cut method on prohibitive slopes shall be prohibited.

c. Felling and skidding shall be undertaken in a manner which minimizes damage to trees or other vegetation not intended to be harvested. Practices that are encouraged include using bumper trees, exercising special care when harvesting trees during the growing season (between April and August), and avoiding wolf trees, den trees, and cavity trees.

d. Felling or skidding across any municipal or state highway or road is prohibited without the express written consent of the Borough or PADOT, whichever is responsible for the maintenance of said highway or road.

e. Slash or tops resulting from a timber harvesting operation within fifty (50) feet of a road or building shall be cut to a height of five (5) feet or less. The burning of slash or litter shall be prohibited.

f. No slash or tops shall be left within:

g. twenty-five (25) feet of any Borough or state highway or road;

h. fifty (50) feet from any building.

i. Soils within the area proposed for timber harvesting shall not be contaminated with fuels, lubricants, and other chemicals, and all refuse resulting from a timber harvest shall be cleaned up daily, and removed when the site is permanently vacated by the operator.

j. No timber harvesting shall be permitted within the first fifty (50) feet of any riparian forest buffer as provided for in Section 27-805 of this Chapter. Timber harvesting permitted within that portion of the riparian forest buffer beyond the first fifty (50) feet shall comply with the provisions of Section 27-805 of this Chapter.

§ 27-1023 Fuel Dispensing Stations.

[Ord. No. 247-2018, 9/17/2018]

A. Fuel dispensing stations, when not part of an auto service station, shall be subject to the following standards and regulations:

1. Fuel dispensing stations are permitted by Conditional Use when accessory to a supermarket, shopping center, convenience store use, or when offered through a card activated service of a commercial heating oil distributorship.

2. Fuel dispensing stations shall comply with the auto service station requirements of Section 27-1009.

3. Canopies for fuel dispensing islands shall be designed to have gabled roofs or be slanted in one direction, but shall not be flat.

4. Building materials for the canopy and attendant station shall be architecturally compatible with the design of the development. Outdoor storage of supplies is prohibited.

5. Canopies for fuel dispensing islands shall be lit with recessed lighting under the canopy. Light sources shall be shielded from the view of surrounding properties.

6. Vehicular circulation at fuel dispensing stations shall be designed to provide adequate area between pumps to allow unimpeded travel between fuel dispensing islands when all fuel pumps are occupied. A minimum of two (2) cars (one at the fueling pump with one (1) stacked behind) must be accommodated from whichever direction(s) cars may queue to the pump area.

7. Fuel dispensing stations shall provide adequate stacking for cars at each pump island without impeding interior traffic circulation.

8. Where such facility is located within a larger parking area or shopping center, the facility shall include a traffic flow design that insures safe internal traffic patterns within such larger area, as well as safe ingress and egress to adjacent streets, so as to minimize conflicts between vehicles, and between vehicles and pedestrians.

9. An attendant is required to be on-site during all hours of operation. The attendant's location shall enable the unobstructed view of each fueling facility.

10. Hours of operation shall be provided at the time of Conditional Use approval, and shall be limited to those hours not disruptive to the surrounding neighborhood.

11. Fuel dispensing stations shall provide approved oil separators (including a written operation and periodic maintenance program to insure their proper functioning) for all storm drains on the lot occupied by such use that will receive stormwater runoff from such use or facility.

12. Fuel dispensing stations shall provide protections satisfactory to the Borough to prevent spills, to clean spills quickly and to prevent spilled fuel from entering the stormwater system. The protections required by this section may include, but are not limited to, employee training, spill and hazard kits, safety equipment on pumps and underground storage tanks and facilities in nearby stormwater inlets which block and collect spilled fuel to prevent contamination of the stormwater system. An ongoing inspection and maintenance program shall be provided.

§ 27-1024 Home Occupations.

[Ord. No. 247-2018, 9/17/2018]

A. There shall be three categories of home occupations: No-impact and Limited impact. Such uses shall be permitted when in accordance with the following standards and regulations:

1. No-impact Home Occupation. No-impact home occupations shall be permitted by-right in all zoning districts as a permitted use, provided such uses meet all of the following:

a. The use is carried on only by the inhabitant of the dwelling.

b. The use does not involve any customer or client visits to the dwelling and there are no direct sales of products on the site.

c. There is no exterior indication, including but not limited to signs, advertising or other display, that a home occupation is located on the premises.

d. Commercial delivery and pick-up of goods and supplies is limited to no more than once a week on average, exclusive of normal postal and parcel service typically serving a residential area (e.g., USPS and UPS).

e. The floor area devoted to the use shall not exceed twenty (20) percent of the total floor area of the principal residential structure or 400 square feet, whichever is less.

2. Limited Impact Home Occupation. A home occupation that does not meet one or more of the criteria listed under subsection A.1 above shall be defined as a Limited Impact Home Occupation. Limited impact home occupations shall be permitted only by Conditional Use in those zoning districts where limited impact home occupations are permitted and when other applicable criteria of this Section and Chapter can be met.

3. Prohibited Home Occupation. Prohibited No-Impact and Limited Impact home occupations shall include the following uses, which shall be classified as commercial or institutional uses:

a. Animal shelter, commercial kennel or veterinary office.

b. Rooming or boarding home.

c. Bed and breakfast.

d. Funeral home.

e. Restaurant.

f. Outdoor Café.

g. Club or lodge.

h. Medical or dental clinic (two or more doctors or dentists)

i. Retail shop

j. Rental business.

k. Furniture stripping.

l. Auto or small engine repair.

m. Painting of vehicles, trailers, or boats.

n. Manufacturing, repairing or other mechanical work performed in connection with the home occupation performed in any outdoor area.

o. Private school with organized classes.

p. Welding shop.

q. Other uses of similar character to those listed above.

B. The Zoning Officer shall determine whether a proposed home occupation falls under the category of No-Impact, Limited Impact, or Prohibited. The applicant shall be responsible for supplying such information as deemed necessary by the Zoning Officer to make this determination. The following requirements for approval and permitting shall apply:

1. Upon determining that the proposed use is a No-Impact Home Occupation and is in conformance with the requirements of this Chapter, the Zoning Officer shall issue a zoning permit.

2. Where the Zoning Officer determines that the proposed use is a Limited Impact Home Occupation, Conditional Use Approval will be required unless permitted right in the zoning district. Following approval, the Zoning Officer shall issue a zoning permit.

C. A zoning permit for any home occupation shall not be transferable to another property or to another type of home occupation. The permit issued shall only be valid for the use and on the property for which it was originally issued. In the event that a property with an existing home occupation is sold, leased, or rented to someone other than the original permit holder, the new owner, leasee or renter, shall be required to obtain a home occupation permit, demonstrating full compliance with the requirements of this Chapter and any other applicable regulations.

D. The Zoning Officer can inspect the home occupations by request to ensure that the requirements of this Section and other applicable Borough regulations are being carried out.

§ 27-1025 Life Plan Community.

[Ord. No. 247-2018, 9/17/2018]

A. A Life Plan Community shall meet the following standards and regulations:

1. A tract of land to be developed for a Life Plan Community shall be under single and separate ownership, or, in the case of multiple ownership, shall be developed according to a single overall plan with common authority and responsibility for all components and phases of the development.

2. When applying for a conditional use, the applicant shall submit a plan for the overall design and improvement of the planned development in accordance with the requirements of Part 13, "Conditional Use." A development plan for the entire tract of land containing the planned mixed use or mixed use residential development shall be prepared per the Site Plan requirements of Section 27-1301.A. The development plan shall link access, buildings, structures, and open areas in a comprehensive manner.

3. The applicant shall also submit, as part of the Conditional Use submittal, an Existing Features Plan in accordance with the provisions of the Borough Subdivision and Land Development Chapter, prepared at the same scale as the Site Plan provided in accordance with paragraph A.1 above.

4. A Life Plan Community shall include Independent Living Residences, Assisted Living Residences and skilled nursing beds in a Nursing Facility located on site, subject to the density limitations set forth herein.

5. A Life Plan Community may include other uses intended principally to serve the residents or staff of the Life Plan Community or to facilitate the operation and management of the Community, including administrative offices and operational facilities, child or adult day care, personal service shops such as barber shop, beauty salon or commissary; branch bank and/or automated teller machine; dining facilities; community center; library; cultural, educational, social, religious and recreational facilities; fitness center and swimming pool; physical therapy facilities, physicians' offices, patient hostel, rehabilitative services center or wellness center, specialized facilities for "memory care," or Alzheimer's and/or dementia care, and other medical facilities, or other similar uses. Any such facilities may be available for use or patronage by persons other than those residing or employed within the Life Plan Community.

6. Development of any facilities within a Life Plan Community, including residential components, may be phased to reflect the anticipated timing of need, subject to any conditions of approval required by the Council. If at any time, the number of nursing beds or Assisted Living Residences exceeds actual demand from within the Life Plan Community, persons from outside the Community may be permitted to occupy such nursing beds or residences on a temporary basis.

7. Plans submitted for conditional use approval shall include and demonstrate adherence to a master plan for site demolition and/or retention of existing buildings, improvements, and other existing features; and for the layout of proposed buildings and open spaces, parking and access management, fire protection and emergency medical services, non-vehicular circulation and landscaping, including all components and phases proposed for the development of the Life Plan Community. The master plan also shall document long-term ownership and management means and proposed guarantees.

8. The architectural design of the Life Plan Community shall include finishes, textures, extensions, placement of glass and other features to mitigate the visual impact(s) of larger buildings as viewed from any street. At the time of conditional use approval, the applicant shall demonstrate that the overall design of the Life Plan Community, in terms of the locations, form, massing, height, and architecture of all structures and facilities, as applicable, taken as a whole, shall minimize impacts to surrounding residences, neighborhoods and public roads. The applicant shall submit typical architectural elevations and landscaping cross-sections as necessary to demonstrate compliance with this provision.

9. A coordinated system of non-motorized, ADA compliant, access means shall be provided throughout the Life Plan Community, including sidewalks, bicycle routes, and trails as necessary to connect all buildings and parking areas and to interconnect with pedestrian and bicycle circulation means outside the development, where recommended by the Borough.

10. Wheelchair access to all dwelling units and community facilities, in accordance with the Americans with Disabilities Act of 1990, (42 U.S.C. § § 12101 et seq.) shall be provided in the design of structures, pedestrian walkways and parking lots. Where practical and desirable, buildings shall be interconnected by means of covered or enclosed walkways.

11. The proposed use shall obtain all applicable State and Federal permits, licenses, and certificate of need, as applicable to the proposed use, as well as conditional use approval from Borough Council, per Part 13, "Administration and Enforcement," prior to the issuance of a zoning permit.

§ 27-1026 Medical Clinic.

[Ord. No. 247-2018, 9/17/2018]

A. A medical clinic shall meet the following standards and regulations:

1. The minimum lot size shall be 15,000 square feet.

2. Parking areas shall be placed on the side or rear of the lot only, except where the medical clinic is established within a planned mixed-use development or shopping center, and the parking is integrated with the larger use.

3. Site illumination shall be shielded from residential uses and limited to parking and pedestrian walkways.

4. All loading and trash areas shall be properly screened in accordance with Part 9, "General Regulations."

§ 27-1027 Mini-Warehouse (Self-Storage Units).

[Ord. No. 247-2018, 9/17/2018]

A. Mini-warehouses or self-storage units shall meet the following standards and regulations:

1. Access shall be from a collector or arterial street as defined by the Honey Brook Township and Borough Multi-Municipal Comprehensive Plan.

2. The use shall be subject to review by emergency personnel (police, fire) regarding security and fire protection.

3. All self-service storage warehouse facilities shall be enclosed by an open metal fence of not less than eight (8) feet in height. Said fencing may be placed outside of the building setback lines provided that all screening required by this Chapter is between the fence and the property lines.

4. All internal driveways and aisles which have traffic traveling in two directions shall be at least thirty (30) feet in width. Any driveway which has traffic proceeding in one direction shall be at least twenty-four (24) feet in width if it services self-storage facilities on both sides of the driveway. If the driveway with traffic traveling in one direction services self-storage facilities on only one side, it shall be a minimum of twenty (20) feet in width. Driveway designations, locations, and interior circulation shall be set forth on the plans accompanying the land development application.

5. The exterior fencing shall be provided with a lockable gate, and said gate shall be kept locked except during such time that the premises is open to the public or lessees of the facilities. During such time that the premises are so open to the public, there shall be an on-site manager provided, or his designee, who shall remain on the premises during all hours that the facility is open. A manager's quarters shall be permitted on the facility as an accessory use.

6. All storage shall be located within an enclosed building except for any boat or recreational vehicle which may be stored outside in designated areas, provided they are screened so as not to be visible from adjacent streets, residential uses, or residentially zoned land. The storage of partially dismantled, wrecked, inoperable, unlicensed or unregistered vehicles is prohibited.

7. The storage of flammable liquids (except in the gas tanks of boats or recreational vehicles stored outside), highly combustible or explosive materials, or hazardous chemicals shall be prohibited.

8. The use of property utilized for self-storage shall be limited to the storage of residential, commercial or professional goods or records to which access is needed on a limited basis, i.e., general wholesale or retail distribution or sales are prohibited.

9. Except as provided in subsection A.10 below, all storage shall be within closed buildings built on a permanent foundation of durable materials. Trailers, box cars or similar impermanent or movable structures shall not be used for storage.

10. 

Outdoor storage shall comply with the following requirements:

i. Outdoor storage of automobiles, boats, and recreation vehicles is permitted provided they are screened so as not to be visible from adjacent streets, residential uses or residentially zoned land.

ii. A maximum of twenty (20) percent of the total site area may be used for such outdoor storage.

iii. Stored vehicles shall not interfere with traffic movement through the complex.

11. Lighting shall be in accordance with the requirements of Part 9, "General Regulations."

§ 27-1028 Multi-Family Dwelling.

[Ord. No. 247-2018, 9/17/2018]

A. A multi-family dwelling is a residential building containing three or more dwelling units, including, but not limited to, townhouses, quadraplexes, and apartments, each with independent kitchen, bathroom and bedroom facilities. Multi-family dwellings shall be permitted in accordance with the following standards and regulations:

1. The area and bulk regulations under the applicable zoning district shall apply.

2. Multi-family developments consisting of multiple buildings shall adhere to the following regulations:

a. The maximum length of a multi-family building shall be 160 feet.

b. Multi-family buildings are encouraged to be located in clusters that create common open areas, rather than situated parallel to one another. Where clustering is not feasible due to site conditions, there shall be no more than three abutting buildings parallel to each other within the development.

c. The following minimum separation distances between buildings shall be met in order to provide individual units with some level of privacy:

i. Front or facing walls (long wall) — fifty (50) feet.

ii. Facing end walls (short wall) — twenty (25) feet.

iii. Outdoor lighting shall be in accordance with Part 9, "General Regulations."

3. Staggered setback of dwelling units and a variation in facade design shall be encouraged to offer visual variety, individualism, and some private yard area. It is recommended that no more than three contiguous units shall have the same facade setback within a building, nor three contiguous units have the same facade. Changes in setbacks shall be a minimum of two (2) feet.

4. Buildings within the development shall be designed to provide individual dwelling units with views and direct access to required open areas.

5. Dwelling units shall be set back a minimum of fifteen (15) feet from common parking areas and shall be set back a minimum of twenty-five (25) feet from common refuse areas. Dwelling units must be setback a minimum of twenty-five (25) feet from the tract boundary.

6. Sidewalks shall be provided to connect dwellings with parking areas, recreational/open areas, and refuse facilities.

7. Buffering and Landscaping shall be in accordance with Part 9, "General Regulations," in addition to which all areas not covered by impervious surfaces shall be landscaped and, maintained with suitable ground cover and plants. Existing vegetation is encouraged to be maintained for landscaping purposes.

8. Required parking shall adhere to those standards set forth in Part 9, "General Regulations."

a. Parking areas shall be adequately landscaped to provide shade, to screen vehicles from public streets, and to reduce glare and noise within the development.

b. Parking lots shall be setback a minimum of twenty-five (25) feet from any right-of-way and shall be screened with landscaping.

c. Landscaping shall be provided around the perimeter of all parking areas, except for access points and walkways.

9. All multi-family developments shall comply with the requirements of § 22-625, "Recreational Uses and Open Space Land," of the Honey Brook Borough Subdivision and Land Development Chapter [Chapter 22].

§ 27-1029 Outdoor Café.

[Ord. No. 247-2018, 9/17/2018]

A. An Outdoor Café shall meet the following standards and regulations:

1. Prior to constructing or maintaining an outdoor café, an applicant for this use shall first apply for and secure the required permit from the Borough and submit any application fee as required by the schedule of fees as established by Borough Council.

2. The outdoor café shall have a minimum indoor seating capacity of fifteen (15) persons.

3. Outdoor café uses, abutting or adjacent to residential uses, shall stop serving customers on or before 9 p.m. prevailing time on weekdays and clear all tables of food, beverages, and customers on or before 10 p.m., and 10 p.m. prevailing time on weekends and clear all tables of food, beverages, and customers on or before 11 p.m.

4. Any beverages shall not be served in glass containers.

5. This use shall not interfere with the ability of the public to pass through the public sidewalk.

6. This use shall be associated with a principal use of a restaurant or tavern and shall be located abutting that building in which the principal use is located, and shall be located on the same lot as that principal use.

7. The outdoor café should be separated from parking areas or traffic flow area by fencing or buffering, however in any location where the outdoor café is not separated from the flow of traffic or parking areas, not table shall be located within five (5) feet of the curb or the boundary of that area, whichever is closer.

8. The Borough may, from time to time, add regulations or rules that it deems necessary to facilitate the purposes, as defined, and functioning of this use, and these rules and regulations shall be approved by Council.

§ 27-1030 Outdoor Farm Market.

[Ord. No. 247-2018, 9/17/2018]

A. An Outdoor Farm Market shall meet the following standards and regulations:

1. Establishment of an outdoor farmers market shall be sponsored by one or more organization(s) or governmental entity, and will be wholly responsible for the organization, operation, clean-up, and safety of the outdoor market event.

2. The outdoor farmers market may operate any time between 6:00 a.m. and 5:00 p.m., with set-up and take-down permitted no more than one (1) hour before 6:00 a.m. or after 5:00 p.m.

3. The sponsoring organization or governmental entity shall coordinate the dates and times, site layout, parking, vehicle storage, and other key elements of the event with the State Police and local emergency services at least thirty (30) days in advance of the opening day of the market. A managing representative of the sponsoring organization shall be present during the outdoor farmers market hours of operation to oversee the event and to insure that all conditions of any permit or, if required, any Special Exception approval, and these standards, are observed at all times.

4. The sponsoring organization or governmental entity shall provide a sufficient number of portable public restroom facilities to meet anticipated crowd levels and be responsible for their maintenance and removal after the close of each outdoor market day.

5. Items to be sold at the outdoor market shall exclude any products of a national chain or franchise, alcoholic beverages, firearms, tobacco, motor vehicles, antiques, collectables, adult toys or novelties, or any other product or item that is not consistent with the definition of outdoor farmers market contained in Part 2. of this Chapter.

§ 27-1031 Personal Care Home.

[Ord. No. 247-2018, 9/17/2018]

A. A personal care home shall be subject to the following standards and regulations:

1. Requirements for sewage facilities, water supply, and area and bulk shall be those applicable to a single-family detached dwelling in the zoning district where the personal care home is permitted by this Chapter.

2. Off-street parking shall comply with the specific requirements of Part 9, "General Regulations" of this Chapter.

§ 27-1032 Planned Mixed Use Residential, and Planned Mixed Use Commercial Development.

[Ord. No. 247-2018, 9/17/2018]

A. Planned Mixed Use Residential Development and Planned Mixed Use Commercial Development shall meet the following standards and regulations:

1. When applying for a conditional use, the applicant shall submit a plan for the overall design and improvement of the planned development in accordance with the requirements of Part 13, "Conditional Use." A development plan for the entire tract of land containing the planned mixed use or mixed use residential development shall be prepared per the Site Plan requirements of Section 27-1301.A. The development plan shall link access, buildings, structures, and open areas in a comprehensive manner.

2. The applicant shall also submit, as part of the Conditional Use submittal, an Existing Features Plan in accordance with the provisions of the Borough Subdivision and Land Development Chapter, prepared at the same scale as the Site Plan provided in accordance with paragraph A.1 above.

3. Any application for conditional use for a planned mixed use or mixed use residential development shall be accompanied by submission of architectural drawings and/or plans of sufficient detail to illustrate the character of the intended exterior design of all structures, including:

a. Massing, scale, proportion, roofline, relationship among façade elements.

b. Relationship to the streetscape.

4. Approval of the conditional use application shall be contingent upon agreement by the applicant or applicants that the tract shall be developed under single direction in accordance with the terms of Board approval.

5. Only those uses permitted in the MUC or MUR District in which a planned mixed use development is proposed shall be allowed in that planned mixed use development.

6. Uses such as multi-family dwellings, Life Plan Community, or any other use permitted in the underlying zoning district in which a planned mixed use or mixed use residential development is permitted, shall comply with the supplemental requirements of that use in accordance with this Part.

7. The following uses shall be permitted as accessory to any office or commercial mixed use development: child day care facility meeting the requirements of § 27-1023; cafeteria or restaurant for use primarily by employees of the use; and recreational uses designed for use primarily for employees of the use.

8. Vehicular access for the use shall from a collector or arterial road as classified by the Honey Brook Borough and Borough Multi-Municipal Comprehensive Plan. Where access cannot be provided from a collector or arterial, access from a local street in a residential district or area should be avoided wherever possible. The tract and uses therein shall have access via a common ingress and egress.

9. Interior roadways for access and circulation shall be provided in accordance with the standards in the Borough Subdivision and Land Development Chapter [Chapter 22].

10. Curbs and sidewalks shall be provided along all public rights-of-way. Sidewalks abutting a public right-of-way shall coordinate with an internal pedestrian circulation system which allows for safe and convenient movement of pedestrians. Sidewalk and trail improvements shall reflect their continuation through any adjoining neighborhood, tract, or parcel.

11. Parking, landscaping, buffers and screening, lighting, signs, and access shall be in accordance with Part 9, "General Regulations."

12. There shall be a landscaped perimeter buffer along all side and rear property lines that abut an agricultural or residential zoning district or an agricultural or residential use. The minimum buffer width shall be as follows

a. Fifteen (15) feet where proposed single-family dwellings abut existing single-family dwellings;

b. Twenty-five (25) feet where proposed multi-family dwellings abut existing multi-family dwellings;

c. Thirty-five (35) feet where proposed non-residential buildings abut any existing residential dwelling.

d. No improvements other than sidewalks, paths, and stormwater conveyances shall be permitted within the landscaped perimeter buffer.

e. The buffer area shall comply with § § 27-907 and 27-908 of this Chapter.

13. No parking or loading facilities, excluding sidewalks and paths, and necessary access ways to a public street, shall be located closer than twenty-five (25) feet from any lot line, and less than ten (10) feet from any street line.

14. To the extent that parking areas are visible from public streets, visual impacts shall be mitigated through introduction of landscape screening, architectural block walls, landscaping combined with pedestrian paving materials, or other design means acceptable to the Council.

15. Where any individual commercial building façade is visible from any public right-of-way an exceeds forty (40) feet in length, there shall be both a clear dimensional differentiation of roofline, and an offset in façade of at least ten (10) feet to create effective facades that are no longer than forty (40) feet. Street trees with tree wells, or other streetscape and pedestrian amenities shall be used to balance façade offsets. The Borough may allow a commercial building with a façade longer than forty (40) feet if the proposed design emulates characteristic historical building forms such as barns, stables, churches, meeting houses, or other public buildings. Building arrangements which rely on repeated use of the same long façade element shall not be approved. Where an individual commercial building façade exceeds forty (40) feet in length, the building design or use layout shall limit the length of the streetscape frontage occupied by any one use to the greatest extent practicable by providing for inviting, interior accessory or independent business uses with the streetscape-fronting portion of the building (e.g., the café and/or floral operations within a grocery store, or a small, independent service or retail use). In all cases, blank walls, facades, and windows shall be kept to a minimum.

16. No less than twenty (20) percent of the gross tract area shall be permanently restricted as common open space for a planned mixed use residential development. The open space shall meet the requirements of Chapter 22, Subdivision and Land Development Chapter.

17. For shopping centers or mixed commercial developments, the application shall be accompanied by a working plan for the clean- up and disposal of litter, and trash receptacles shall be provided outside any establishment with take- out service or convenience shopping.

18. Establishments storing outdoor shopping carts or having other outdoor storage shall provide defined areas on the site for storage which shall be clearly marked and defined for storage. Other than shopping carts, no permanent storage of merchandise, articles or equipment shall be permitted outside a building, unless screened in accordance to Part 9, "General Regulations."

§ 27-1033 Public, Private, and Trade Schools.

[Ord. No. 247-2018, 9/17/2018]

A. Any Public, Private, or Trade School shall be subject to the following standards and regulations:

1. All off-street parking facilities shall be set back not less than twenty-five (25) feet and screened from adjoining lot lines.

2. All principal structures shall be set back at least 100 feet from any lot used for agricultural or residential purposes.

3. Outdoor recreation areas shall be provided for all educational facilities below the college level at a rate of 100 square feet per individual enrolled. Off-street parking areas shall not be utilized as recreation areas, and recreation areas shall not be located within the front yard and must be setback at least twenty-five (25) feet from all other lot lines. Except where separated by a minimum of 300 feet, outdoor recreation areas shall be screened from adjoining agriculturally- zoned or residentially-zoned properties and properties in agricultural or residential use by means of fences, plantings, or decorative enclosures sufficient to screen activities from adjacent lots. Fencing shall be provided at all locations where public safety is at issue. Any vegetative materials located within the recreation area shall be non-harmful (i.e., not thorny, poisonous, allergenic, etc.).

4. For any school with an enrollment of fifty (50) or more students, the applicant shall provide a traffic impact study for the proposed use. The traffic impact study shall be prepared in accordance with the requirements stated in the Borough Subdivision and Land Development Chapter [Chapter 22].

5. Enrollment, for the purposes of this Section, shall be defined as the largest number of students on the site at any one time during a seven (7) day time period.

§ 27-1034 Public Utility Buildings or Facilities.

[Ord. No. 247-2018, 9/17/2018]

A. Where an applicant secures an exemption from zoning requirements through petition to the Pennsylvania Public Utility Commission in accordance with the terms of § 619 of the MPC, 53 P.S. § 10619, as otherwise required by this Chapter shall not be required. In such case, however, the following regulations shall be required:

1. The minimum lot area and lot width requirements of the base zoning district shall not be applicable.

2. Any principal building or structure shall be located no closer than 100 feet from any lot line.

3. The maximum impervious surface and maximum height limits of the base zoning district shall be applicable.

4. The Board shall give particular attention to measures proposed by the applicant to protect neighboring properties from excessive noise, light, or other visual intrusion, and may impose specific conditions to ameliorate such potential impacts.

§ 27-1035 (Reserved)

[Ord. No. 247-2018, 9/17/2018]

§ 27-1036 Recreational Use (Indoor/Outdoor).

[Ord. No. 247-2018, 9/17/2018]

A. Recreational uses, whether indoor or outdoor, shall be subject to the following standards and regulations:

1. Impervious coverage for the proposed use shall not exceed the maximum lot coverage standard of the applicable zoning district.

2. Buildings, structures, equipment, parking, storage, loading, accessways, or paved areas, excluding bicycle or foot pathways shall not be located closer than fifty (50) feet to any residential lot line, with any permanent outdoor facility such as a swimming pool or tennis court setback a minimum of seventy-five (75) feet from any residential use or district.

3. An outdoor recreation use shall require a minimum lot size of one (1) acre.

4. Auxiliary uses, such as a restaurant or snack bar shall be restricted in their use to employees, patrons, members and guests of the principal use. Such establishments shall present no visible evidence from any public street of their commercial character which would attract persons other than employees, patrons, members and guests.

5. Where access can be provided from more than one street, vehicular access shall not be provided from a local street in a residential district or residential development, if possible.

6. Automatic amusement games associated with these uses shall include coin-operated machines, mechanical machines, or electronic machines, which operate as a game of skill or amusement. Such games shall be operated by this use in any location where three or more such games are located, excluding video games designed for private individuals for residential use and used only by the family occupying the residence and its guests.

7. No audio speakers or equipment shall be installed inside or outside the location of such use that would cause sounds to emanate to the exterior of the premises.

8. All recreational uses shall have at least one attendant on duty during operating hours.

9. Parking, lighting, landscaping, screening, and signage shall be subject to the provisions of Part 9, General Regulations.

10. A master plan for the tract of land shall be prepared as part of the application process for these uses. The master plan shall provide sufficient data to ascertain the impact of such facilities of the Borough.

§ 27-1037 (Reserved)

[Ord. No. 247-2018, 9/17/2018]

§ 27-1038 Residential Conversion.

[Ord. No. 247-2018, 9/17/2018]

A. The following standards and regulations shall apply to any residential conversion:

1. Single-family detached dwellings converted to two dwelling units shall maintain the appearance of a single-family detached dwelling with a single front entrance. The resulting dwelling units may share a single front entrance. Additional entrances, when required, may be placed on the side or rear of the buildings. Exterior stairways and fire escapes shall be located on the rear wall in preference to either side wall, and shall in no case be located on a front facade facing a street. Except as may be necessary for reasons of safety, there shall be no major alteration of the building in connection with the residential conversion.

2. The minimum lot area and bulk regulations for single-family detached dwellings in the district in which the residential conversion is proposed shall be met.

3. The following minimum floor areas requirements shall be met:

Type of Unit	Minimum Floor Area
Efficiency	550 sq. ft.
One bedroom	650 sq. ft.
Two bedrooms	800 sq. ft.
Three bedrooms (maximum permitted)	1000 sq. ft.

4. Separate kitchen and bathroom facilities shall be provided per unit. All applicable Borough Building Code, Borough Authorities' regulations, and Chester County Health Department regulations and permits requirements regarding the installation of these facilities shall be met and indicated on all plans. Approval from all applicable agencies is necessary prior to issuance of a building permit by the Borough.

5. Trash receptacles shall be screened so as not to be visible from the street or abutting properties except on scheduled days for trash pick-up.

6. Site and floor plans for the residential conversion shall be included with the application for conversion indicating both exterior and interior building alterations.

7. The off-street parking space requirements of this Chapter shall be met, in accordance with Part 9, "General Regulations."

§ 27-1039 Restaurant, Including Fast-food Restaurant, and Restaurant with Drive-through Service.

[Ord. No. 247-2018, 9/17/2018]

A. The following standards and regulations shall apply to Restaurants, including Fast-food Restaurant and Restaurant with Drive-through Service.

1. The permit application shall be accompanied by a working plan for the clean-up and disposal of litter.

2. Dumpsters or similar large-scale outdoor trash receptacles shall be completely screened from view, and access gates shall be closed at all times when not in use.

3. Exterior seating and/or play areas shall be completely enclosed by a three (3) foot high fence.

4. No part of any structure on the subject property shall be located within 200 feet of the boundary any residential district.

5. All lighting within the subject tract shall be designed and located so as not to produce a glare or direct illumination onto abutting properties or street rights-of way.

6. Prior to the issuance of a Use and Occupancy Permit, the applicant shall demonstrate compliance with county, state, and federal regulations.

7. For any fast-food restaurant, noise shall be controlled to avoid any impact on nearby residential properties.

8. For any restaurant with drive-through service, outside loud speakers shall be audible only to persons in the immediate vicinity of the order-placing or pick-up areas.

§ 27-1040 (Reserved)

[Ord. No. 247-2018, 9/17/2018]

§ 27-1041 Treatment Center.

[Ord. No. 247-2018, 9/17/2018]

A. A Treatment Center shall be required to meet the following standards and regulations:

1. A minimum lot area of ten (10) acres shall be provided.

2. Principal buildings shall be set back a minimum of 250 feet from the lot line of any existing residential use.

3. The applicant shall provide a written description of all types of residents the use is intended to serve over the life of the use and occupancy permit. Any future additions or modifications to this list shall require approval by the Borough Council as a Conditional Use.

4. The applicant shall demonstrate, to the satisfaction of the Council, that the use will provide adequate supervision and security measures to protect public safety.

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

6. The use shall provide temporary treatment which shall not routinely exceed twelve (12) months and shall not be a long-term residential use.

§ 27-1042 Upper Floor Dwelling Unit or Live/Work Unit.

[Ord. No. 247-2018, 9/17/2018]

A. Upper Floor Dwelling Units or Live/Work Units shall be required to meet the following standards and regulations:

1. The following minimum floor areas requirements shall be met:

Type of Unit	Minimum Floor Area
Efficiency	550 sq. ft.
One bedroom	650 sq. ft.
Two bedrooms	800 sq. ft.
Three bedrooms (maximum permitted)	1000 sq. ft.

2. Separate kitchen and bathroom facilities shall be provided per unit. All applicable Borough Building Code, Borough Authorities' regulations, and Chester County Health Department regulations and permits requirements regarding the installation of these facilities shall be met and indicated on all plans. Approval from all applicable agencies is necessary prior to issuance of a building permit by the Borough.

3. Total floor area devoted to apartment dwelling units within the structure shall not exceed four times the total floor area of the ground floor nonresidential use or uses.

4. Entrance to any apartment dwelling unit may be shared with another unit or units, but shall be independent of the nonresidential use or uses.

5. Off-street parking required for each apartment dwelling unit shall be in accordance with Part 9, "General Regulations", and shall be in addition to the parking required for the nonresidential use or uses except to the extent that a reduction in parking is approved at the discretion of the Borough.

6. Where two or more apartment dwelling units are to be created above the ground floor, requisite approvals of interior layout, emergency exits, etc. shall be obtained from the Pennsylvania Department of Labor and Industry, and a copy provided to the Zoning Officer and local fire company upon receipt of such approval.

7. Trash receptacles shall be screened so as not to be visible from the street or abutting properties except on scheduled days for trash pick-up.

8. For any residential conversion, site and floor plans shall be included with the application for upper floor dwelling unit or live/work unit, indicating both exterior and interior building alterations.

§ 27-1043 Veterinary Clinic.

[Ord. No. 247-2018, 9/17/2018]

A. A veterinary office or veterinary clinic shall be permitted when in accordance with the following standards:

1. The minimum lot area for a veterinary office or veterinary clinic shall be as follows:

a. Without animal housing capability: see minimum lot area of zoning district.

b. With animal hospital: three (3) acres

c. With accessory boarding kennel use: five (5) acres.

2. Each veterinary office or clinic shall have all exercise areas or pens entirely fenced to prevent animals from leaving the property and set back a minimum of seventy-five (75) feet from all lot lines. All accessory buildings and structures shall be set back a minimum of twenty-five (25) feet from rear and side property lines.

3. All buildings and structures associated with a veterinary office or clinic shall be sound insulated.

4. The sale of related products shall remain accessory to the veterinary office or clinic, and shall occupy no more than twenty-five (25) percent of the total floor area of the principal building.

5. There shall be no outdoor storage of materials.

6. All veterinary offices or veterinary clinics shall be meet Pennsylvania State licensing and codes.

7. All animals shall be inside an enclosed building between the hours of 8 p.m. prevailing time and 7 a.m. prevailing time.