In addition to the general provisions for uses within a particular zoning district established in Articles
IV through
VIII, and the additional general regulations for all uses in Article
IX and elsewhere in the Ordinance, these performance standards for specific uses set forth the specific standards that shall be applied to each use identified herein. These performance standards must be satisfied prior to approval of any application for a zoning permit, conditional use, special exception or variance.
The following performance standards are established to provide additional requirements applicable to certain permitted, accessory, special exception and conditional uses in all zoning districts. These regulations are intended to supplement the district regulations contained in Articles
IV through
VIII as well as general standards, parking and loading standards, and sign standards and all other applicable Borough regulations and ordinances, as well as any other local, state, and federal regulations and statutes.
A. Accessory dwelling units (ADU).
(1) No more than one ADU shall be permitted on any property.
(2) The maximum number of occupants of the ADU shall be two persons.
Minor children under age 18 and related to the occupants of the ADU
by blood, adoption or foster relationship shall not count towards
this limit.
(3) The ADU shall not exceed 50% of the total residential living area
of the existing dwelling or 1,000 square feet, whichever is less.
The ADU shall not be less than 400 square feet.
(4) The ADU shall meet the following architectural standards:
(a)
Attached ADUs shall be designed to maintain the architectural
design, style, appearance and character of the existing dwelling as
a single-family residence. Such an addition shall be consistent with
the existing facade, roof pitch, siding and windows.
(b)
Detached ADUs (including manufactured dwelling units) shall
be designed to maintain the architectural design, style, appearance
and character of the existing primary dwelling on the lot.
(c)
Applicants shall submit a photo, rendering, or plan depicting
the exterior of the proposed ADU.
(d)
Attached ADUs shall have a separate entrance from the entrance
to the primary residence. This entrance may not be part of the front
facade of the primary residence.
(5) The height of a detached ADU shall not exceed the height of the principal
dwelling unit on the lot.
(6) Each ADU shall have a kitchen and full bath.
(7) The applicant shall contact the Adams County Tax Services Office
to obtain an address for the ADU (whether attached or detached) and
the applicant shall provide this information to the Zoning Officer
prior to zoning permit approval.
(8) The applicant shall provide proof from the appropriate sewer and
water providers that sufficient EDUs and/or capacity exists to accommodate
the additional sewage flow and water usage.
(9) The applicant shall record, at the cost of the applicant, a memorandum indicating that the occupancy of the ADU shall be limited to permitted occupants as stated in §
204-5, that the ADU shall not be rented to persons who are not related to the occupants of the principal dwelling, and that detached ADUs shall be removed when it is no longer used by persons to related to the occupants of the principal dwelling or converted to a nonresidential accessory use in accordance with the underlying zoning district within 180 days.
(10)
All ADUs shall adhere to the following permitting requirements:
(a)
Zoning permits for ADUs shall be issued for a period not longer
than one year and must be renewed at the end of the first term of
issuance and every such period thereafter.
(b)
Renewal of said permits requires inspection of the ADU by the
zoning officer or his/her designee.
(c)
If a permit for an ADU is not renewed, all rights granted to
the landowner under such permit expire, and the landowner must re-apply
for the issuance of a new zoning permit under the then current standards
for the issuance of such permits.
(d)
Zoning permits for ADUs shall be renewed when a change of occupancy
is proposed.
B. Adaptive reuse of industrial structures.
(1) The following uses, or a mixture of the following uses, are permitted
within a structure for which the adaptive reuse plan has been approved
as a conditional use by the Abbottstown Borough Council.
(b)
Business and professional offices.
(d)
Nursing or residential care facilities, per §
204-37Y.
(f)
Galleries, museums and theaters.
(2) The adaptive reuse of industrial structures may be permitted as a
conditional use by the Abbottstown Borough Council, in accordance
with the following standards:
(a)
Off-street parking and loading shall be provided in accordance with Article
XII.
(b)
A landscaping plan for the property shall be submitted in accordance with §
204-32.
(c)
Access to and from residential units shall be independent of
access to and from any nonresidential use located within the structure.
Independent access may be provided externally to the building or from
an internal system of hallways and staircases. Under no circumstances
should residents be required to gain access to a residential unit
through nonresidential uses.
(d)
The property owner shall supply all residential and nonresidential
units with fire alarms and fire extinguishers, kept in working condition
by the property owner at all times. In addition, the property owner
shall provide each hallway serving independent units with fire alarms
and fire extinguishers, kept in work condition by the property owner
at all times.
(e)
The property owner shall provide exit signs in all hallways
providing access to individual uses, kept in working condition by
the property owner at all times.
(f)
The outdoor storage of raw or finished materials or products
shall not be permitted.
(g)
The applicant shall demonstrate that public sewer and public
water service has been secured.
C. Adult-oriented uses.
(1) No more than one adult-oriented use shall be permitted in any one
building.
(2) No adult-oriented use shall be located within 250 feet of any building
within which is located another adult-entertainment use.
(3) No adult-oriented use shall be located within 500 feet of the LDR
or TCMU District.
(4) No adult-oriented use shall be located within 1,000 feet of any lot
upon which is located a school, place of worship, child care facility,
public park or playground.
(5) The landscaping standards of this chapter shall be met.
(6) The building occupied as an adult-oriented use shall have an opaque
covering over all windows and/or glass doors to prevent items and/or
services from being visible from outside the building.
(7) No sign shall be erected on the premises depicting or giving a visual
representation of the types of items and/or services offered within
the establishment.
D. Bed-and-breakfast inns and houses.
(1) A maximum of 10 rooms or suites are permitted in a bed-and-breakfast
operation.
(2) Meals served at bed-and-breakfast operations shall be limited to
breakfasts.
(3) Cooking facilities are prohibited in all guest rooms.
(4) Common restrooms are permitted in bed-and-breakfast operations. If
used, a minimum of one common restroom shall be provided for every
two guest rooms.
(5) Any required exterior improvements to the building, such as those
required to meet applicable fire safety requirements, shall be located,
to the maximum extent possible, to the rear of the building and shall
not detract from the residential character of the building.
(6) Either the bed-and-breakfast operation owner or a designated operator
shall maintain a permanent residence within the bed-and-breakfast
operation.
(7) Within a bed-and-breakfast operation, common rooms may be used for
the following accessory use purposes: gallery for local artists; sales
of antiques, collectibles, or similar products; sales of locally produced
crafts, artwork, or similar products; or coffee or tea room where
coffee, tea, and light refreshments are served. No accessory use shall
be permitted within rooms used as guest rooms. Where a permitted accessory
use is proposed, hours of operation shall be limited to 11:00 a.m.
to 6:00 p.m.
(8) All area and bulk regulations of the underlying zoning district shall
apply.
E. Building material and contractor supply stores and storage yards.
All materials and supplies shall be stored inside an enclosed structure.
F. Business or industrial park. Business or industrial parks may include
the following and other similar uses.
(1) Printing, lithography, and publishing.
(2) Scientific and commercial testing laboratories.
(3) Business and professional offices.
(5) Data processing services.
(6) Postal delivery services.
(7) Assemblage and light manufacturing.
(8) Industrial or business park support uses intended to serve the needs
of employees and visitors of the tenants of the industrial or business
park, including but are not necessarily limited to newsstands, coffee
shops, fitness centers, and day-care centers.
G. Commercial day-care facilities.
(1) The operator shall provider proof that both the provider and structure
have been licensed by the appropriate county and state agencies.
(2) The operator shall provide a plan showing the location of all fenced,
outdoor play areas associated with the day-care use. These areas shall
not be located in any designated front yards.
(3) No portion of a commercial day-care facility shall be located within
a 300-foot distance from any potentially hazardous land use of activity
which could pose a threat to the safety and welfare of the children,
staff, and other occupants at the facility. Hazardous land uses or
activities include, but shall not be limited to, gasoline service
stations, heavy industrial operations, storage of flammable or high
pressure underground pipelines, truck or rail loading areas, or other
similar uses.
H. Continuing care retirement communities.
(1) Permitted uses. The following types of uses shall be authorized to
be included within a CCRC:
(a)
Residential uses. The following forms of residential arrangements
shall be provided within a CCRC. Authorized residential arrangements
include independent living, assisted living, and nursing or skilled
units, and may be provided in accordance with the following:
[1]
Independent living units may be of the single-family detached,
single-family semidetached, or multifamily dwelling unit types.
[2]
Assisted living units may be of the multifamily dwelling unit
type.
[3]
Nursing or skilled care units shall be located within a licensed
facility providing medical care and related services.
(b)
Common uses. The following common uses shall be permitted to
be located within a CCRC:
[1]
Dining facilities, including central kitchens and dining areas
for on-site preparation and serving of meals.
[2]
Recreation facilities, including but not limited to activity
rooms, auditoriums, lounges, and libraries.
[3]
Health care facilities, including but not limited to physical
therapy facilities and services, exercise room with equipment, swimming
pools.
[4]
Retail sales uses intended to serve the residents and employees
of the CCRC, provided that such retail sales uses do not exceed 10%
of the total floor area within the CCRC.
[5]
Personal service uses intended to serve the residents of the
CCRC, provided that such personal service uses do not exceed 5% of
the total floor area within the CCRC.
[6]
Professional office uses intended to serve the residents of
the CCRC, provided that such professional office uses do not exceed
10% of the total floor area within the CCRC. Floor area devoted to
medical or care services offered directly within a nursing or skilled
care facility shall not be included in calculating this percentage.
(2) Bulk and area regulations. The following regulations shall be observed
for CCRC developments:
(a)
Maximum development density. The maximum residential density
of a CCRC development shall be defined by the density authorized in
the zoning district where the CCRC development is proposed. The following
weighting factors shall be employed when calculating project density.
[1]
Each independent living unit shall be counted as one dwelling
unit.
[2]
Each assisted living unit shall be counted as 0.75 of a dwelling
unit.
[3]
Each nursing or skilled unit shall be counted as 0.50 of a dwelling
unit.
(b)
Minimum lot size: five acres.
(c)
Maximum impervious coverage: 65%.
(d)
Maximum building height: Maximum building height shall be defined
by the zoning district where the CCRC development is proposed.
(e)
Building placement. A CCRC development shall be designed as
a campus-like setting. Dimensional requirements are not established
for individual residential or nonresidential use types, provided that
the overall project density requirements established for CCRC developments
are achieved and that the following dimensional requirements for the
CCRC development are applied to the CCRC parcel as a whole.
[1]
Minimum front setback: 25 feet.
[2]
Minimum side setback: 10 feet.
[3]
Minimum rear setback: 25 feet.
[4]
Minimum lot width: 200 feet.
(f)
Minimum building separation. The following minimum building
separation distances shall be applied to all buildings within the
CCRC development:
(3) Design requirements. A CCRC development shall be subject to the following
design standards:
(a)
Dwelling unit standards. The following standards shall be applied
to all dwelling units within a CCRC development:
[1]
Single floor dwellings. A minimum of 50% of the dwelling units
within a CCRC development shall provide a single-story living arrangement.
For the purpose of this section, an apartment unit on a second or
third floor shall not be considered to have a single-story living
arrangement unless elevator service is provided. Nursing or skilled
units shall not be included in this calculation.
[2]
Accessible dwellings. A minimum of 25% of the dwelling units
within a CCRC development shall be designed to be accessible to disabled
or handicapped residents.
[3]
Single-family attached dwellings. All single-family attached dwellings shall meet the design requirements established in §
204-37FF.
[4]
Apartment dwellings and nursing or skilled unit buildings. All apartment dwellings shall meet the design requirements established in §
204-37X.
(b)
Nonresidential use standards. The following standards shall
be applied to all nonresidential uses within a CCRC development:
[1]
All nonresidential uses within a CCRC development shall be located
in a central location within the community. The location of the nonresidential
uses shall be connected to the pedestrian system within the development
and shall be easily accessible for all residents.
[2]
Nonresidential uses may be integrated into buildings devoted
to assisted living units and/or nursing or skilled units.
[3]
Where nonresidential uses are located in a building or buildings
separate from residential buildings, the building(s) with the nonresidential
uses shall have an architectural design that is consistent with and
reflective of the architectural character of the residential buildings
within the CCRC. Architectural renderings shall be submitted to document
the required consistency.
(c)
Parking. Off-street parking shall be provided in accordance with Article
XII.
(d)
Pedestrian facilities. A pedestrian network shall be provided
within the CCRC development to connect all dwelling units with all
activity centers, designated open space, and any common facilities.
The pedestrian network shall be comprised of sidewalks and/or asphalt
walkways constructed to the requirements of the Abbottstown Borough
SALDO. The pedestrian network shall include benches and shelters at
minimum intervals of 500 feet. The pedestrian network within a CCRC
development shall be connected to the existing pedestrian network
and facilities surrounding the development site to allow for convenient
pedestrian access to services and amenities in close proximity to
the development site.
(e)
A landscaping plan shall be prepared for the entire CCRC development site in accordance with §
204-32. Three planting units shall be provided for every dwelling unit within the CCRC development.
I. Convenience stores.
(1) The use shall be located on a lot abutting an arterial street.
(2) Convenience stores may include fuel pumps, which shall be at least
25 feet from any existing and required future road right-of-way or
50 feet from the road centerline, whichever is greater.
(3) All services not normally associated with vehicular refueling shall
be performed within a completely enclosed building.
(4) The outdoor display of products for sale at the establishment shall
not be permitted except for under following conditions:
(a)
Propane tank and DVD kiosks shall be permitted year round.
(b)
The temporary sale of flowers no more than one week before Easter
or Mother's Day.
(c)
The temporary sale of fireworks no more than one week before
the Fourth of July.
(d)
All remnants of these temporary sales, including but not limited
to product, tents, trash receptacles and temporary signage shall be
removed no later than three days following Easter, Mother's Day or
the Fourth of July respectively.
(e)
The required number of parking spaces for the convenience store
use shall be maintained at all times. Under no circumstances shall
these temporary sale events reduce the available number of parking
spaces below the minimum amount required by this chapter.
(5) A site circulation plan shall be devised that separates those vehicles
waiting fueling service from those awaiting other services.
(6) A site plan shall be provided to the Zoning Officer for review. The
site plan shall show building dimension and placement, internal circulation,
landscaping, location and size of signage, and all other pertinent
design information.
(7) Signage shall be in compliance with the provisions of Article
XI of this chapter.
(8) Any outdoor lighting shall comply with the provisions of this chapter.
(9) Areas for the sale or rental of propane tanks shall conform to the
requirements of § 204-31K(7).
J. Conversion apartments.
(1) The lot shall meet all area and bulk regulation for the underlying
zoning district.
(2) Only existing, single-family detached dwellings may be converted
for conversion apartment use.
(3) A maximum of four units may be created by the conversion of a single-family
detached structure.
(4) The first dwelling unit contains a minimum of 850 square feet of
usable living space, and each successive unit contains a minimum of
700 square feet of usable living space.
(5) Any unit with cooking facilities on the third floor level of a structure
must provide a fire escape at the rear of the structure.
(6) Parking areas shall be provided in accordance with the applicable standards of Article
XII of this chapter.
(7) Access to each unit must be reviewed and approved by an appropriate
local fire protection official. The property owner shall provide each
unit with fire alarms, kept in working condition by the property owner
at all times.
(8) The property owner shall provide exit signs in all hallways leading
to and from second and third floor apartments. In addition, the property
owner shall provide each hallway serving independent units with fire
alarms, kept in working order by the property owner at all times.
K. Cottage industries.
(1) A cottage industry is deemed to include, but is not necessarily limited to, all occupations permitted under §
204-37P(1) as well as the following or similar types of occupations: handicraft manufacturing, cabinet shops, photographic studios, brewing, distilling, repair of outdoor fishing and hunting equipment (excluding motorized vehicles), and welding shops. Other occupations in addition to those listed above may be considered to be cottage industries provided it is determined that such occupations are of the same general character as those occupations listed above.
(2) Not more than one cottage industry shall be allowed in or on the
same premises. The presence of a home occupation in the primary dwelling
unit shall not preclude the establishment of a cottage industry, provided
that all applicable requirements for both cottage industries and home
occupations are met.
(3) The cottage industry shall be considered an accessory use to the
main residence and shall be operated fully within an accessory building
on the lot. No more than 1,500 square feet of floor area in the accessory
building may be devoted to the cottage industry. The cottage industry
shall not occupy more than one building.
[Amended 3-21-2024 by Ord. No. 2024-01]
(4) The cottage industry shall conform to the area and bulk requirements
of the underlying zoning district.
(5) The person conducting the cottage industry shall reside within the
dwelling located on the lot.
(6) No more than four persons other than family members who reside within
the dwelling may be employed by the cottage industry.
(7) A business sign in accordance with Article
XI is permitted.
(8) A minimum of two off-street parking spaces must be provided, plus
one additional space for each employee.
(9) The cottage industry shall comply with any nuisance ordinances adopted
or in effect by the Borough of Abbottstown. No use shall be made of
equipment or material which produces unreasonable vibration, noise,
dust, smoke, odor, or electrical interference to the detriment of
the quiet use and enjoyment of adjoining and surrounding property.
(10)
Retail sales shall be limited to the following: products produced
or repaired on site, items collected, traded and/or occasionally sold
by hobbyists, such as coins, stamps, and antiques, incidental sales
directly associated with the cottage industry, and internet sales.
(11)
No on-site customer service or business shall be conducted before
8:00 a.m. or after 8:00 p.m.
(12)
The outdoor storage of good and/or materials of any kind is
prohibited.
L. Financial institutions.
(1) Space for a minimum of six occupied vehicles is required for those
patrons waiting in line for drive-through service. This distance shall
be measured from the point at which drive-through patrons receive
banking services at bank teller windows or remote teller stations.
(2) The required space reserved for the drive-through line shall be separated
from parking spaces for non-drive-through customers and from pedestrian
walkways and shall be incorporated into an overall circulation plan
for the site.
(3) The drive-through facility, including teller windows and remote teller
stations, and the driveway shall be located along the side or rear
of the financial institution. In no event shall the drive-through
facility be permitted along the front of the financial institution,
between the principal structure and the adjoining public road.
(4) A site plan shall be provided to the Zoning Officer for review. The
site plan shall show building dimension and placement, internal circulation,
landscaping, location and size of signage, and all other pertinent
design information.
M. Food service establishments.
(1) Including drive-through facilities.
(a)
Space for a minimum of six occupied vehicles is required for
those patrons waiting in line for drive-through service. This distance
shall be measured from the point at which drive-through patrons receive
food service at service windows.
(b)
The required space reserved for the drive-through line shall
be separated from parking spaces for non-drive-through customers and
from pedestrian walkways and shall be incorporated into an overall
circulation plan for the site.
(c)
The drive-through facility, including service windows and remote
ordering stations, and the driveway shall be located along the side
or rear of the establishment. In no event shall the drive-through
facility be permitted along the front of the establishment, between
the principal structure and the adjoining public road.
(d)
A site plan shall be provided to the Zoning Officer for review.
The site plan shall show building dimension and placement, internal
circulation, landscaping, location and size of signage, and all other
pertinent design information.
(e)
Outdoor seating areas shall be considered patron floor area
for the calculation of the required number of parking spaces.
(f)
Outdoor seating areas may be located in the front yard area,
provided that a minimum four-foot pedestrian path is maintained between
the defined edge of the outdoor seating area and any street or parking
areas.
(g)
Hours of operation shall be limited to no earlier than 6:00
a.m. or later than 10:00 p.m. for establishments without a license
to serve alcohol issued by the Pennsylvania Liquor Control Board or
its successor agencies. Hours of operation for establishments with
a license to serve alcohol issued by the Pennsylvania Liquor Control
Board or its successor agencies shall be governed by applicable requirements
of said license or applicable state law.
(h)
Landscaping, including any trash containers, shall be provided in accordance with §
204-32.
(i)
All signage shall be designed in accordance wither Article
XI.
(2) Excluding drive-through facilities.
(a)
Kitchen exhaust shall be vented through a vertical exhaust system.
For restaurants located in a two- or three-story building, all kitchen
exhaust shall be vented to an exhaust outlet located no lower than
the second floor of the building. For restaurants located in a single-story
building, all kitchen exhaust shall be vented to an exhaust outlet
located on the roof of the building.
(b)
Outdoor seating areas shall be considered patron floor area
for the calculation of the required number of parking spaces.
(c)
Outdoor seating areas may be located in the front yard area,
provided that a minimum four-foot pedestrian path is maintained between
the defined edge of the outdoor seating area and any street or parking
areas.
(d)
Hours of operation shall be limited to no earlier than 5:00
a.m. or later than 12:00 a.m. for establishments without a license
to serve alcohol issued by the Pennsylvania Liquor Control Board or
its successor agencies. Hours of operation for establishments with
a license to serve alcohol issued by the Pennsylvania Liquor Control
Board or its successor agencies shall be governed by applicable requirements
of said license or applicable state law.
(e)
Landscaping, including any trash containers, shall be provided in accordance with §
204-32.
(f)
All signage shall be designed in accordance wither Article
XI.
N. Funeral home.
(1) A funeral home, which shall not include a crematorium, shall meet
all applicable state and federal regulations. A copy of any license
and/or permit required to operate shall be provided to the Borough
prior to approval.
O. Group homes.
(1) The provider and the structure shall be licensed by the appropriate
county and/or state agencies and shall comply with all applicable
rules and regulations.
(2) No more than six residents shall occupy a group home at one time.
(3) There shall be twenty-four-hour resident supervision by personnel
qualified by training and experience in the field for which the group
home is intended.
(4) Any medical or counseling services provided shall be performed only
for residents.
(5) The lot on which a group home is located shall be at least 1,000
feet from the lot on which another group home is located. Such distance
shall be measured in a horizontal straight line from the nearest point
on one lot to the nearest point on the other lot.
(6) There shall be no alteration to the outside of the structure that
would alter the single-family character of the dwelling, be inconsistent
with the basic architecture of the dwelling, or be incompatible with
surrounding dwellings.
(7) No sign for the group home shall be displayed.
(8) Off-street parking shall be provided in accordance with Article
XII of this chapter.
P. Home occupations.
(1) A home occupation is deemed to include, but is not necessarily limited
to, the following types of occupations: barber; hairdresser; dressmaker;
milliner; professional office of attorney, architect, landscape architect,
community planner, engineer, accountant, physician, dentist, realtor,
insurance agent, clergyman, teacher, artist, horticulturist, or surveyor;
clerical, typing and/or word processing services; specialty "homemade
food" products, which require licensing for home production by a state
and/or local health agency; and appliance repair, provided that no
work may be performed out of doors and no appliances may be stored
out of doors. Other occupations in addition to those listed above
may be considered to be home occupations provided it is determined
that such occupations are of the same general character as those occupations
listed above.
(2) Not more than one home occupation shall be allowed per parcel. The
presence of a cottage industry in an accessory structure shall not
preclude the establishment of a home occupation, provided that all
applicable requirements for home occupations and cottage industries
are met.
(3) The person conducting the home occupation shall reside within the
dwelling located on the lot.
(4) No more than two persons other than family members who reside within
the dwelling may be employed by the home occupation.
(5) The home occupation shall be operated entirely within the dwelling
unit. No more than 25% of the livable floor area of the dwelling may
be devoted to the home occupation. The applicant shall submit floor
plans of the dwelling or the accessory building devoted to home occupation
use. Said floor plans shall clearly depict the portion of the building
devoted to home occupation use.
(6) A business sign in accordance with Article
XI is permitted.
(7) The dwelling in which the home occupation is conducted shall retain
a residential design and character. The applicant shall submit photographs
of the existing building and shall submit architectural drawings of
said building if an addition is proposed in support of the home occupation
use. Said photographs and/or architectural drawings shall demonstrate
that residential design and character will be retained.
(8) A minimum of two off-street parking spaces must be provided, plus
one additional space for each employee.
Q. Hospitals.
(1) A hospital shall have a minimum tract size of 10 acres. Each lot
within a hospital development shall comply with the minimum lot area
and width requirements of the zoning district within which it is located.
(2) A hospital shall be located on a lot abutting and having direct vehicular
access onto an arterial or collector street as defined in this chapter.
(3) A minimum of two access drives, complying with the requirements of §
186-29 of the Borough Subdivision and Land Development Ordinance, shall be provided from such arterial or collector road. However, the hospital shall make the maximum use possible of interior roads or access drives, as opposed to numerous driveways entering onto existing public roads.
(4) A hospital may include various accessory uses that are customarily
incidental to and in direct support of the primary health care mission
of the hospital. Such accessory uses could include the following facilities,
which shall be integrated with the hospital facilities:
(a)
Medical and administrative offices.
(b)
Medical laboratory or blood donor station.
(d)
Hospital staff dormitory.
(f)
Methadone clinics and drug rehabilitation facilities.
(k)
Interior service and convenience uses.
(5) The principal and accessory uses comprising the hospital may be located
in a single building or may consist of several buildings located on
one or more lots.
(6) Regardless of the number of buildings on a lot, all front, rear,
and side yard building setbacks for the zoning district within which
it is located shall apply.
(7) The hospital shall be in single ownership and shall consist of harmonious
groupings of buildings, service and parking areas, circulation, and
open space.
(8) Off-street parking shall be permitted in the areas required for front,
side, and rear yard setbacks up to a point of 25 feet from any front,
side, or rear lot line of the hospital. This setback shall not be
applied along internal lot lines of the hospital for common parking
areas serving buildings on multiple lots. All parking areas shall
be suitably paved with permanent hard-surface coverings.
(9) Where a hospital contains any of the accessory uses listed above,
the number of parking spaces required shall be the sum of the parking
requirements for each separate principal and accessory use.
(10)
All buildings within a hospital development shall be provided
with centralized sewer and water services.
(11)
The facility shall comply with all applicable federal, state,
county, and local regulations and shall be licensed as required by
the state.
(12)
Lighting for buildings, access ways and parking areas shall
comply with the requirements of this chapter.
(13)
Any patient hostel or hospital staff dormitory shall comply
with the following requirements:
(a)
Permitted accessory uses include off-street parking, indoor
vending machines and laundry facilities. These accessory uses shall
be intended only for use by the residents of the patient hostel or
the hospital staff dormitory.
(b)
Any hospital staff dormitory shall be located a minimum of 150
feet from any lot line of an existing dwelling or boundary of a residential
district.
(c)
Any hospital staff dormitory shall have a maximum capacity of
one resident per 500 square feet of lot area and shall be restricted
to hospital staff members.
R. Junkyards.
(1) Junkyards shall be in conformance with the Abbottstown Borough Junkyard
Ordinance.
S. Manufacturing, heavy.
(1) Proposed heavy manufacturing uses shall provide to the Borough copies
of all applicable state and federal emission, disposal, operation,
transportation and other permits required by state and/or federal
law before a zoning permit will be issued.
(2) The outdoor storage of raw or finished materials or products shall be permitted provided that all materials and/or products are fully screened from view by any adjoining residential parcels. Where a fence is used as part of this screening, landscaping shall be provided along the outside edge of the fence. All such screening shall be done in accordance with §
204-32.
(3) Materials shall not be piled or stacked higher than the screening,
landscaping and/or fence.
(4) Where the site abuts a residential zone or district permitting residential
use, the building wall facing such lots shall not have any service
door openings or loading docks oriented toward the residential zone.
(5) Proposed heavy manufacturing uses shall comply with all requirements of §§
204-32 through
204-34.
T. Manufacturing, light.
(1) All light manufacturing activities shall be conducted within completely
enclosed structures.
(2) No outdoor storage of raw or finished materials or products shall
be permitted.
(3) Where the site abuts a residential zone or district permitting residential
use, the building wall facing such lots shall not have any service
door openings or loading docks oriented toward the residential zone.
(4) Proposed light manufacturing uses shall comply with all requirements of §§
204-32 through
204-34.
U. Manufacturing, medium.
(1) The outdoor storage of raw or finished materials or products shall be permitted provided that all materials and/or products are fully screened from view by any adjoining residential parcels. Where a fence is used as part of this screening, landscaping shall be provided along the outside edge of the fence. All such screening shall be done in accordance with §
204-32.
(2) Materials shall not be piled or stacked higher than the screening,
landscaping and/or fence.
(3) Where the site abuts a residential zone or district permitting residential
use, the building wall facing such lots shall not have any service
door openings or loading docks oriented toward the residential zone.
(4) Proposed medium manufacturing uses shall comply with all requirements of §§
204-32 through
204-34.
V. Mixed-use structures.
(1) Mixed-use structures shall consist of two or more limited specialty
retail, business office, professional office, or food service establishment
uses or one or more specialty retail, business office, professional
office, or food service establishment uses and one or more residential
units.
(2) Commercial uses outlined in §
204-37W(1) may be located on the first floor of the structure, and also, when access is approved by appropriate local fire protection officials, on the second floor of the structure.
(3) Professional office or business office uses outlined in §
204-37W(1) may be located on the first and second floors of a structure. The third floor of a structure may also be used for professional offices or business offices provided that the office space on the third floor is an extension of a professional office or business office business which has its primary office space on the first or second floors.
(4) Residential apartments, if proposed as part of a mixed-use structure, shall be located on the second and third floors provided that the minimum apartment sizes conform to the scale presented in §
204-37J and that off-street parking is provided according to the scale presented in §
204-48.
(5) Access to and from residential units shall be independent of access
to and from any nonresidential use located within the mixed-use structure.
Independent access may be provided externally to the building or from
an internal system of hallways and staircases. Under no circumstances
should residents be required to gain access to a residential unit
through commercial, business office, or professional office spaces.
(6) Access to second and third floor uses, whether residential, commercial
or professional office in nature, shall be approved by appropriate
local fire protection officials. The property owner shall supply all
residential units and each floor of commercial or professional office
space with fire alarms, kept in working condition by the property
owner at all times.
(7) The property owner shall provide exit signs in all hallways leading
to and from second and third floor uses. In addition, the property
owner shall provide each hallway serving independent units and each
use area with fire alarms, kept in working condition by the property
owner at all times.
W. Mobile home park.
(1) All mobile home park proposals shall meet the applicable standards
contained in the Abbottstown Borough Subdivision and Land Development
Ordinance.
X. Multifamily development.
(1) No multifamily dwelling shall include more than 16 dwelling units.
(2) In addition to the setback and yard requirements of the underlying
zoning district, every multifamily dwelling shall meet the following
building separation requirements.
(a)
The front facade of a multifamily dwelling shall be no closer
than 50 feet to any facade of any other multifamily dwelling.
(b)
The side and rear facades of a multifamily dwelling shall be
no closer than 30 feet to the side and rear facades of any other multifamily
dwelling.
(3) All multifamily dwelling shall comply with the following architectural
requirements:
(a)
Windows shall constitute a minimum of 15% of the total area
of every external wall.
(b)
A minimum roof pitch of no less than 4/12 shall be used.
(4) Off-street parking shall not be located between the front facade
of the building and the adjoining street right-of-way or access drive.
Such parking shall be provided in one or more of the following locations.
(a)
In a common parking lot located to the rear of the building.
(b)
In a common garage located underneath the building and accessed
from the rear of the building.
(c)
In garage spaces dedicated to individual dwelling units and
accessed from the side or rear of the building.
(d)
A maximum of two access driveways are permitted to provide access
a common parking area from public streets or main internal circulation
driveways.
(5) Architectural styles and building materials shall be similar to those
found in surrounding residential areas. An architectural rendering
shall be supplied showing all architectural elements and indicating
construction materials.
(6) Landscaping, including around trash disposal and pick-up areas, shall be provided in accordance with §
204-32.
Y. Nursing or residential care facilities.
(1) Permitted uses. The following types of uses shall be authorized to
be included within nursing or residential care facilities:
(a)
Residential uses. At least one of the following forms of residential
arrangements shall be provided within a nursing or residential care
facility.
[1]
Assisted living units shall be of the multifamily dwelling unit
type.
[2]
Nursing or skilled units shall be located within a licensed
facility providing medical care and related services.
(b)
Common uses. The following common uses shall be permitted to
be located within a nursing or residential care facility:
[1]
Dining facilities, including central kitchens and dining areas
for on-site preparation and serving of meals.
[2]
Recreation facilities, including but not limited to activity
rooms, auditoriums, lounges, and libraries.
[3]
Health care facilities, including but not limited to physical
therapy facilities and services, exercise room with equipment, swimming
pools.
[4]
Personal service uses intended to serve the residents of the
CCRC, provided that such personal service uses do not exceed 5% of
the total floor area within the nursing or residential care facility.
[5]
Professional office uses intended to serve the residents of
the nursing or residential care facility, provided that such professional
office uses do not exceed 10% of the total floor area within the nursing
or residential care facility. Floor area devoted to medical or care
services offered directly within a nursing or skilled care facility
shall not be included in calculating this percentage.
(2) Bulk and area regulations. The following regulations shall be observed
for nursing or residential care facility developments:
(a)
Maximum development density. The maximum residential density
of a nursing or residential care facility development shall be defined
by the density authorized in the zoning district where the nursing
or residential care facility development is proposed. The following
weighting factors shall be employed when calculating project density.
[1]
Each assisted living unit shall be counted as 0.75 of a dwelling
unit.
[2]
Each nursing or skilled unit shall be counted as 0.50 of a dwelling
unit.
(b)
Minimum lot size: three acres.
(c)
Maximum impervious coverage: 65%.
(d)
Maximum building height: Maximum building height shall be defined
by the zoning district where the nursing or residential care facility
development is proposed.
(e)
Building placement. A nursing or residential care facility development
shall be designed as a campus-like setting. Dimensional requirements
are not established for individual residential or nonresidential use
types, provided that the overall project density requirements established
for nursing or residential care facility developments are achieved
and that the following dimensional requirements for the CCRC development
are applied to the nursing or residential care facility parcel as
a whole.
[1]
Minimum front setback: 25 feet.
[2]
Minimum side setback: 10 feet.
[3]
Minimum rear setback: 25 feet.
[4]
Minimum lot width: 200 feet.
(f)
Minimum building separation. The following minimum building
separation distances shall be applied to all buildings within the
nursing or residential care facility development:
(3) Design requirements. A nursing or residential care facility development
shall be subject to the following design standards:
(a)
Dwelling unit standards. The following standards shall be applied
to all dwelling units within a nursing or residential care facility
development:
[1]
Accessible dwellings. A minimum of 25% of the dwelling units
within a nursing or residential care facility development shall be
designed to be accessible to disabled or handicapped residents.
[2]
Single-family attached dwellings. All single-family attached dwellings shall meet the design requirements established in §
204-37FF.
[3]
Apartment dwellings and nursing or skilled unit buildings. All apartment dwellings shall meet the design requirements established in §
204-37X.
(b)
Parking. Off-street parking shall be provided in accordance with Article
XII.
(c)
A landscaping plan shall be prepared for the entire development site in accordance with §
204-32. Three planting units shall be provided for every dwelling unit within the development.
Z. Public or private schools.
(1) A site circulation plan that separates the bus loading and drop-off
zone(s) from student, employee and/or visitor parking areas shall
be provided. Under no circumstances shall pedestrian facilities for
students, employees or visitors be allowed to cross through the bus
loading and drop-off zone(s).
AA. Recycled material collection and processing facilities.
(1)
All operations, including collection, shall be conducted within
a wholly enclosed building.
(2)
There shall be no outdoor storage of materials collected, used,
or generated by the operation.
(3)
The applicant shall provide a written explanation of the scope
of the operation and any measures used to mitigate problems associated
with noise, fumes, dust, and litter.
(4)
The applicant will assure regular maintenance and the immediate
collection of stray debris.
(5)
The lot shall have direct access onto a roadway deemed adequate
by the Borough Engineer as having adequate structural and geometric
characteristics to accommodate the anticipated future truck traffic.
(6)
The facility shall not be located within 500 feet of any residential
use or district.
BB. Residential day-care facilities.
(1)
The operator shall provider proof that both the provider and
structure have been licensed by the appropriate county and state agencies.
(2)
No more than five persons shall receive care at any one time.
(3)
The operator shall provide a plan showing the location of all
fenced, outdoor play areas associated with the day-care use. These
areas shall not be located in any designated front yards.
(4)
No portion of a residential day-care facility shall be located
within a 300-foot distance from any potentially hazardous land use
of activity which could pose a threat to the safety and welfare of
the children, staff, and other occupants at the facility. Hazardous
land uses or activities include, but shall not be limited to, gasoline
service stations, heavy industrial operations, storage of flammable
or high-pressure underground pipelines, truck or rail loading areas,
or other similar uses.
CC. Repair services.
(1)
This use shall not include any vehicular-related repair services.
(2)
All materials associated with the repair services shall be stored
in an enclosed building.
DD. Self-storage facilities.
(1)
Structures containing self-storage units shall be limited to
one story and shall not exceed 12 feet in height.
(2)
Each individual storage unit shall abut a paved access aisle
at least 20 feet wide.
(3)
A security fence at least six feet high shall surround a self-storage
facility, and access through such fence shall be by way of an automatic
gate, security guard, or similar means.
(4)
A buffer yard at 25 feet in width, including a planting screen,
shall be provided when a self-storage facility abuts an existing residential
use or a residential district and shall be in accordance with the
standards for such. Within the buffer yard, the developer shall provide
vegetation to provide visual screening. The screening shall contain
various types and sizes of plant species, arranged in such a manner
to establish an effective visual barrier.
(5)
The use of individual storage units shall be restricted to household
goods and business equipment, supplies, and records. No storage of
perishable items or hazardous, explosive, or highly flammable materials,
or materials that emit noxious odors shall be permitted. No business
activities including, but not limited to, equipment servicing or repair,
shall be conducted on the site. Storage units shall not be used as
areas for rehearsals by musical groups.
(6)
No storage outside of individual units shall be permitted.
(7)
No outdoor storage of recreational vehicles, boats, or similar
vehicles shall be permitted, except in approved vehicle storage areas.
(8)
No outdoor storage of unlicensed vehicles shall be permitted.
(9)
A self-storage facility may include an office/residence for
an on-site manager/caretaker as part of the principal use. This building
shall not be used solely as a residence, but must serve, in part,
as an office for the self-storage facility. The building may be occupied
as a dwelling by only manager/caretaker and his/her family.
(10)
Parking shall be provided in accordance with Article
XII.
(11)
All access drives, aisles, parking, and loading areas shall
be constructed in accordance with applicable requirements of the Abbottstown
Borough Subdivision and Land Development Ordinance.
(12)
Lighting shall be permitted in accordance with this chapter.
EE. Shopping centers.
(1)
A shopping center shall contain a minimum of four separate uses.
(2)
Off-street parking shall be provided in accordance with Article
XII of this chapter.
(3)
The developer shall design the plaza at a pedestrian scale,
such that the arrangement of buildings creates a cluster of commercial
uses surrounding a center court. Parking areas shall be located to
the sides or rear of the property. Under no circumstances will the
typical "strip" development, with buildings arranged parallel to the
road and parking located in front of the buildings, be permitted.
(4)
An architectural rendering showing the appearance of store facades,
including all signage, building materials, and colors, shall be submitted
with the site plan.
(5)
Only one primary ingress and egress point shall be permitted.
The access shall be located on a road classified as an arterial road.
(6)
A secondary ingress and egress point shall be permitted as well,
provided it is limited to right-in, right-out turning movements. The
access shall not be located on the same road as the primary ingress
and egress point.
(7)
The applicant shall work with the Borough, the county, and the
state, as applicable, to determine the most suitable placement of
all ingress and egress points. The applicant shall be responsible
for any traffic control devises required as a result of the development.
FF. Single-family attached dwellings.
(1)
No building consisting of single-family attached dwellings shall
include more than eight dwelling units.
(2)
In addition to the setback and yard requirements of the underlying
zoning district, single-family attached dwellings shall meet the following
building separation requirements.
(a)
The front facade of a building consisting of single-family attached
dwellings shall be no closer than 30 feet to any facade of any other
building consisting of single-family attached dwellings.
(b)
The side and rear facades of a building consisting of single-family
attached dwellings shall be no closer than 20 feet to the side and
rear facades of any other building consisting of single-family attached
dwellings.
(3)
Within any building consisting of single-family attached dwellings,
no adjacent single-family attached units shall have a building footprint
placed at the same distance from the front lot line, the street line,
access drive line, or other feature defining the front of the property.
The building footprint of adjacent dwellings shall vary by no less
than two feet and no more than four feet to create a staggered appearance
of the individual single-family attached units. Further, the roof
plane shall vary from dwelling unit to dwelling unit in a manner consistent
with the variation in the location of the front and rear of the building
footprint.
(4)
There shall be, for any building consisting of single-family
attached dwellings, at least three different architectural plans having
substantially different designs, building materials, and exterior
and floor elevations.
(5)
All single-family attached units shall comply with the following
architectural requirements:
(a)
Windows shall constitute a minimum of 15% of the total area
of every front and rear wall, and 10% of the total area of every side
wall.
(b)
A minimum roof pitch of no less than 4/12 shall be used.
(c)
Eaves shall be provided on all single-family attached buildings.
The use of eaves in coordination with additional architectural features,
such as dentils, brackets, and decorative moldings, is strongly encouraged.
(d)
An architectural feature, such as but not limited to vertical
bands, shall be used to delineate the individual dwelling units of
a building consisting of single-family attached dwelling units. In
no event shall the building facade transition from one dwelling unit
to another without a distinct visual or architectural break between
the two units.
(6)
On any building consisting of single-family attached dwelling
units, all individual dwelling units shall share a common roofing
material and color.
(7)
Off-street parking shall be provided in accordance with Article
XII.
GG. Truck terminals, warehousing, wholesaling and/or distribution facilities.
(1)
These provisions shall not apply to wholesale buying or membership
clubs that are open to the public.
(2)
There shall be a two-acre minimum lot size.
(3)
A 100-foot setback line shall be required along any boundary
line that separates the site from a zoning district that permits residential
development or from an existing residential property.
(4)
A twenty-foot buffer yard shall be provided along the exterior
lot lines, except for vehicular and pedestrian access areas traversing
the yard areas.
(5)
Within the buffer yard, the developer shall provide vegetation
to provide visual screening. The screening shall contain various types
and sizes of plant species, arranged in such a manner to establish
an effective visual barrier.
(6)
Loading and unloading docks shall be located on the side of
the building furthest removed from the closest residential structure.
(7)
The loading and unloading areas shall be designed such that
all truck maneuvering can be accomplished on the property inside all
road rights-of-way.
(8)
A site plan shall be submitted to the Borough Council for use
at the conditional use hearing during which the project will be reviewed.
The site plan shall show building dimension and placement, internal
circulation, landscaping, and all other pertinent design information
needed for the complete review of the project.
(9)
Truck or rail access and operations shall not conflict with
the convenience and safety of vehicular traffic and parking.
(10)
No storage of trash, garbage, refuse, explosive or flammable
materials, hazardous substances, or similar items shall be permitted.
HH. Undertaking and crematorium establishments.
(1)
Undertaking and crematorium establishments, which may be combined
or separate uses, may also include a funeral home component and shall
meet all applicable state and federal regulations. A copy of any license
and/or permit required to operate shall be provided to the Borough
prior to approval.
II. Vehicle sales, service and/or repair.
(1)
All services not normally associated with vehicular sales, including
but not necessarily limited to major vehicular repair, shall be performed
within a completely enclosed building.
(2)
A site circulation plan that separates those patrons awaiting
vehicle repair from those patrons awaiting other services shall be
prepared. At a minimum, parking shall not be permitted between the
service bays and any other component of the operation. A "No Parking"
lane shall be established in front of the entrance to the service
bays.
(3)
All repair and paint work shall be performed within an enclosed
building.
(4)
All provisions shall be made to prevent or minimize noise, odor,
vibration, light or electrical interference to adjacent lots.
(5)
Outdoor storage of vehicles shall not exceed three times the
indoor repair area, shall only be back of the front building setback
line and shall be no closer than 20 feet from side and rear lot lines.
(6)
All dismantled vehicles and vehicle parts are to be located
within an enclosed building. Outdoor storage of vehicle parts and
junk shall be prohibited.
(7)
Main or accessory buildings shall not be located closer than
50 feet to any residential district or the lot line of any existing
principally residential use.
(8)
No more than five vehicles in nondrivable condition shall be
stored within view of a public road or adjacent lot.
(9)
Any vehicle on the premises longer than 14 days shall be deemed
to be a stored vehicle. No vehicle shall be stored in excess of 45
days.
(10)
No recreational vehicle that is under repair at a repair station
shall be utilized for temporary dwelling purposes during the time
that it is stored at the repair station.
JJ. Veterinary and animal hospitals.
(1)
A minimum lot size of at least one acre shall be required for
those animal hospitals treating small animals (such as dogs, cats,
and birds). A minimum lot size of at least three acres shall be required
for those animal hospitals treating large animals (such as cattle,
horses, and other livestock).
(2)
All buildings in which animals are housed or provided care shall
be located at least 50 feet from all lot lines. Buildings shall be
adequately soundproofed so that sounds outside the building will be
minimized and not result in a nuisance.
(3)
Outdoor animal runs may be provided for small animals so long
as a visual barrier at least four feet in height is provided between
the runs and a double evergreen screen at least six feet in height
is provided around the runs. No animal shall be permitted to use the
outdoor runs from 10:00 p.m. to 7:00 a.m.
(4)
An animal hospital shall not include the sheltering of stray,
abandoned or unwanted animals.
(5)
Animals may be kept overnight on a limited basis, usually for
a single night as a follow-up to specific treatment that requires
such a stay. Animals that are kept overnight must remain inside the
building and may be taken outside for a limited time only by office
staff.
KK. Wireless communications antennas. These standards apply to wireless
communications antennas mounted on an existing public utility transmission
tower, building, or other structure, along with associated communications
equipment buildings.
(1)
Building-mounted wireless communications antennas shall not
be located on any single-family detached dwelling.
(2)
Building-mounted wireless communications antennas shall not
be permitted to exceed the height of the structure it is mounted on
by more than 20 feet. Omnidirectional or whip wireless communications
antennas shall not exceed 20 feet in height or seven inches in diameter.
(3)
Directional or panel wireless communications antennas shall
not exceed five feet in height and three feet in width.
(4)
Any applicant proposing wireless communications antennas to
be mounted on a building or other structure shall submit evidence
from a Pennsylvania-registered professional engineer certifying that
the proposed installation will not exceed the structural capacity
of the building or other structure, considering wind and other loads
associated with the antenna location.
(5)
Any applicant proposing wireless communications antennas to
be mounted on a building or other structure shall submit detailed
construction and elevation drawings indicating how the antennas will
be mounted on the structure for review by the enforcement officer
for compliance with all codes and applicable law.
(6)
Any applicant proposing wireless communications antennas to
be mounted on a building or other structure shall submit evidence
of agreements and/or easements necessary to provide access to the
building or structure on which the antennas are to be mounted so that
installation and maintenance of the antennas and wireless communications
equipment building can be accomplished.
(7)
Wireless communications antennas shall comply with all applicable
standards established by the Federal Communications Commission governing
human exposure to electromagnetic radiation.
(8)
Wireless communications antennas shall not cause radio frequency
interference with other communications facilities located in Abbottstown
Borough.
(9)
Any wireless communications equipment building shall be subject
to the height and setback requirements of the applicable zoning district
for an accessory structure.
(10)
The owner or operator of the wireless communications antennas
shall be licensed by the Federal Communications Commission to operate
such antennas.
LL. Wireless communications towers. The following standards shall be
applicable to the erection of a new, or an enlargement of an existing,
wireless communication tower.
(1)
Evaluation of siting opportunities. An applicant seeking zoning
permit approval to erect a wireless communications tower or enlarge
an existing wireless communications tower shall demonstrate compliance
with the following requirements.
(a)
An applicant shall demonstrate that all structures in excess
of 50 feet in height within a one-mile radius of the proposed site
have been evaluated as an alternative site. Installation opportunities
include, but are not limited to, smoke stacks, water towers, agricultural
silos, tall buildings, towers operated by other wireless communication
companies, and other communications towers (fire, police, etc.). The
applicant shall provide a site alternative analysis describing the
location of other sites that were considered, the availability of
those sites, the extent to which other sites do or do not meet the
provider's service or engineering needs, and the reason why the alternative
site was not chosen. Where an alternative site is not chosen, supplementary
evidence shall include one or more of the following reasons for not
proposing to install wireless communications antenna on the alternative
site:
[1]
The proposed antennas and related equipment would exceed the
structural capacity of the existing structure, as certified by an
engineer licensed in the Commonwealth of Pennsylvania, and that appropriate
reinforcement cannot be accomplished.
[2]
The proposed antennas and related equipment would cause radio
frequency interference with other existing equipment, as certified
by an appropriate technical expert, and that the interference cannot
be effectively mitigated.
[3]
The existing structure does not possess appropriate location,
space, or access, to accommodate the proposed antennas and equipment
or to allow the antennas and equipment to perform their intended function.
[4]
Addition of the proposed antennas and related equipment would
result in electromagnetic radiation from such structure that exceeds
applicable standards established by the Federal Communications Commission
governing human exposure to electromagnetic radiation. Such a determination
shall be certified by an appropriate technical expert.
[5]
A commercially reasonable agreement could not be reached with
the owners of such structures. Where such an agreement is not reached,
the applicant shall indicate why any offers or counter-offers made
were deemed to be unreasonable.
(b)
If the applicant claims that no structures in excess of 50 feet
exist within the study area, the applicant shall provide evidence
detailing how such determination was made. Such written evidence shall
be submitted, and deemed to be complete, before approval for the erection
of a wireless communications tower may occur.
(c)
An applicant shall demonstrate that the proposed facility is
needed at the proposed location. The applicant shall provide an existing
coverage analysis demonstrating a "dead spot" at or near the proposed
tower location.
(d)
An applicant shall provide a written analysis that identifies
potential negative impacts on neighboring residents and properties,
and indicates how negative impacts will be effectively mitigated.
(2)
Where the applicant has demonstrated that no opportunities exist
to site wireless communications antenna on an existing structure and
that a wireless communications tower is necessary, the following siting
criteria must be met:
(a)
The minimum distance between the base of the wireless communications
tower, or any anchoring guy wires, and any property line or public
road right-of-way, shall be a minimum of 30% of the tower height.
(b)
The minimum distance between the base of the tower, or any anchoring
guy wires, and residential, place of worship, or school property shall
be 200 feet.
(c)
Where such features exist, the applicant shall use one or more
of the following or similar natural features to minimize the visibility
of the wireless communications tower:
(3)
An applicant must demonstrate that a proposed wireless communications
tower is the minimum height required to function satisfactorily. The
maximum height of a wireless communications tower shall be 120 feet,
exclusive of any antennas or other equipment attached thereto. The
maximum height of a wireless communications tower including any antennas
or other equipment attached thereto shall be 130 feet.
(4)
An applicant shall demonstrate that the proposed tower will
not negatively affect surrounding areas as a result of structural
failure, falling ice or other debris, or radio frequency interference.
All wireless communications towers shall be fitted with anti-climbing
devices, as approved by the manufacturers.
(5)
The applicant shall use the monopole, or davit-pole, type of
wireless communications tower. Lattice-type wireless communications
towers shall be prohibited.
(6)
The applicant shall demonstrate compliance with the following
landscaping requirements:
(a)
The base of the wireless communications tower, any supporting
cables or guy wires, maintenance buildings, and parking areas, shall
be enclosed by a protective fence. The protective fence shall be a
minimum of six feet in height.
(b)
An evergreen screen shall be planted around the external perimeter
of the protective fence. Evergreen trees shall be a minimum of six
feet at planting, and shall reach a minimum height of 15 feet at maturity.
Any trees which die within a year of planting shall be replaced by
the applicant. Where the tower site is either fully or partially located
within a grove of existing trees, the evergreen screen requirement
may be waived along any portion of the protective fence that is blocked
from view from beyond the property line hosting the facility by said
grove of trees.
(7)
Where a specific color pattern is not required by the Federal
Aviation Administration (FAA), wireless communications tower colors
shall be a light grey or galvanized metal color. Towers shall be finished,
treated and maintained in a manner that prevents the formation of
rust.
(8)
Off-street parking shall be provided in accordance with Article
XII.
(9)
Access to a wireless communications tower facility shall be
provided by an access driveway located within an easement of at least
20 feet in width. The access driveway shall be a minimum of 10 feet
in width, and shall be constructed with a dust-free, all-weather surface
for its entire length.
(10)
An applicant shall obtain land development and/or all other
approvals/permits from the Borough prior to zoning permit approval.
(11)
A list of the contents of the equipment building or box, with
specific attention to any potentially unsafe or toxic substances,
including batteries, to be located in the facility, shall be provided.
Documentation demonstrating how any spills of unsafe or toxic material
will be contained within the equipment building or box shall also
be provided.
(12)
Information regarding the intended power supply and auxiliary
power supply for the facility shall be provided.