A.
The supplemental regulations contained in this article are intended
to apply to all zoning districts, uses, structures, lots or other
articles of this Zoning Ordinance, except as otherwise stated. Every
building or structure hereafter erected, altered, enlarged, or maintained,
and every building, structure, or parcel of land hereafter used, shall
be in complete conformity with the requirements of the district in
which the building is located, and in conformity with the following
supplemental regulations.
B.
It is the purpose of this section to provide a specialized form of
regulations for particular uses that may, under certain conditions,
be conducted within the zoning district. Each section shall have particular
requirements which must be satisfied prior to the use being permitted.
All provisions in this section are in addition to all other requirements
and regulations of the base zoning district and other applicable ordinance
sections. The requirements of each section of this article shall be
applicable only when cited specifically by the prevailing underlying
zoning district.
A.
Residential accessory buildings, structures and uses. Residential
accessory buildings, structures and uses shall be subject to the following
regulations:
[Amended 4-7-2014 by Ord.
No. 406]
(2)
Parking for commercial vehicles. No commercial vehicles with
a Class 3 (10,001 pounds) gross vehicle weight rating or greater shall
be parked on any properties within a Residential District or Park
and Recreation District.
(3)
Structures such as walls or signs, patios, decks, and porches.
Patios, porches and decks may encroach into rear yard setbacks a maximum
of 12 feet and project no more than three feet beyond the sidewall
of a building into the side yard setback, but no closer than three
feet to any property line.
(4)
Garage/yard sales. Within any district, an owner and/or occupant
may conduct up to two garage/yard sales per year. No garage or yard
sale shall be conducted for a period longer than three consecutive
days. Such sales may offer for sale personal possessions; no import
or stocking of inventory shall be permitted. Only one sign of a maximum
of four square feet shall be permitted advertising the garage/yard
sale located upon the premises where the sale occurs, and shall be
removed promptly upon the completion of the sale. In no case shall
any aspect of the garage/yard sale be conducted in a street right-of-way.
The conduct of garage sales beyond the extent described herein represents
a commercial business and requires appropriate zoning authorization.
(5)
Parking for recreational and other vehicles. A vehicle or piece
of equipment, whether self-powered or designed to be pulled or carried,
intended primarily for leisure time or recreational use. Recreational
vehicles or units include, but are not limited to, the following:
travel trailers, truck-mounted campers, motor homes, folding tent
campers, autos, buses or trucks adapted for vacation use, snowmobiles,
minibikes, all-terrain vehicles, go-carts, boats, boat trailers, personal
watercrafts and personal watercraft trailers and utility trailers.
Recreational vehicles or units shall be stored either to the rear
or side of the dwelling, or in a garage, or in a roofed structure.
Such vehicles shall not be parked upon a public street or right-of-way.
(6)
Private swimming pools.
(a)
A private swimming pool is a recreation facility designed to
contain a water depth of 24 inches or more for the use of the residents
and their guests, and shall be subject to the following:
[1]
Pools regulated by this section shall be located
in the rear or side yards only and shall be at least six feet from
any rear or side property line, or 10 feet from any street right-of-way.
[2]
A zoning and a building permit shall be required
to locate, construct and maintain a noncommercial swimming pool.
[3]
Pools shall not be permitted without a filtering
system utilizing chlorinated water or similar system.
[4]
Pools shall not be permitted unless there is a
permanent continuous fence which is a minimum of four feet in height
and which fence is incapable of being penetrated by children or household
pets, and which fence includes no gaps exceeding four inches. Each
gate on any fence shall be equipped with a self-closing and self-locking
gate.
[5]
Depending on the design of the pool, aboveground
pools shall be required to have a retractable ladder or self-closing
gate.
[6]
In-ground pools shall be surrounded by a paved
or similar surface extending a minimum of two feet from the edge of
the pool.
[7]
Lighting, if provided, shall not create a glare
on any surrounding lots. Underwater lighting shall be in compliance
with the applicable National Electrical Code.
[8]
There shall be no cross-connection with a public
sewerage system.
[9]
No person, other than residents and their guests,
shall be permitted to use the pool.
[10]
All pools, whether in-ground or aboveground, shall
be immediately removed from the premises as soon as they become inoperative
or repaired so that they are fully operational each season.
(7)
Animal shelters.
(a)
In any zoning district, animal shelters for a maximum of four
domesticated house pets (cats, dogs) may be maintained by the occupant,
provided:
[1]
The area in which the shelter and/or exercise yard
is located in the year yard at least 10 feet from any lot line and
is not closer than 50 feet to the nearest dwelling, other than that
of the owner.
(b)
In any zoning district, no more than 12 total birds/fowl may
be maintained by an occupant, provided:
[1]
They are noncommercial in nature.
[2]
The area in which the shelter and/or yard is suitably
enclosed by a fence which will contain the birds.
[3]
All parts of the area in which the shelter and/or
yard shall be at least 50 feet from any lot line and no closer than
100 feet to the nearest dwelling, other than that of the owner.
(c)
Horses, bovines or animals weighing over 200 pounds are only
permitted in the Commercial/Industrial District.
(d)
Structures shall not be permanently affixed.
(e)
Structures shall not be attached or part of any building.
(f)
Structures shall not be permitted between the building setback
line and the street line.
(g)
Agricultural uses shall not be permitted except individual gardens
for home consumption. Such gardens shall not be located between the
street line and cartway line.
(h)
Exotic animals. Exotic animals shall include but may not be
limited undomesticated animals kept as a pet, such as snakes, lizards,
alligators, monkeys, etc. Exotic animals shall not be kept outside.
B.
Accessory uses for multifamily dwelling units.
(1)
Permitted uses. Accessory uses in multifamily dwelling units
shall be restricted to uses designed for residents of the dwellings
only. Uses shall be restricted to those specified below and shall
conform to the specific standards below:
(a)
Outdoor recreation. Outdoor recreation facilities shall be limited
to the following uses and must comply with the following standards:
[1]
Tennis courts. Tennis courts must be completely
enclosed by a fence at least 10 feet in height;
[2]
Barbecue or other cook-out facilities. Barbecue
or other cook-out facilities must be constructed of permanent material;
[3]
Yards which are completely landscaped;
[4]
Garden areas for tenant use;
[5]
Play lots, provided that facilities located in
this area are surrounded by fencing at least four feet in height,
with benches for adults;
[6]
Recreation facilities for games, such as shuffleboard,
basketball or horseshoes, provided that a paved surface is provided
and that such facilities are located at least 20 feet from any building;,
[7]
Swimming pools, subject to § 420-1102A(6) of this chapter.
[8]
Recreation facilities shall be conducted within
a building or landscaped area which is set back at least 30 feet from
any street line.
C.
Outdoor storage area. The regulations included in this section shall
apply to any zoning district wherein outdoor storage areas are permitted
as a special exception.
(1)
Area and bulk regulations. All area and bulk regulations of
the prevailing zoning district shall apply with the following exceptions:
(2)
The following standards shall be observed for outdoor storage
areas:
(a)
A permanent fence at least six feet in height shall be constructed
around all outdoor storage areas, within the front yard, side yard
and rear yard setback requirements of the applicable zoning district.
(b)
The front, side and rear yard areas shall be landscaped according
to an overall landscape plan which shall be submitted to the Borough
for review by the Planning Commission.
(c)
Fences shall be screened with a landscaped buffer for all fences
within 200 feet of a residential zoning district or residential use.
D.
Performance standards for commercial/industrial uses. The following
regulations shall be observed:
(1)
Toxic or corrosive fumes or gases shall not be produced.
(2)
Odors shall not be perceptible at lot boundaries.
(3)
Smoke shall not be visible.
(4)
Dust and other particulate matter created shall not be discharged
into the air.
(5)
Heat and/or glare shall not be perceptible at or beyond the
lot boundaries.
(6)
Lighting shall not be utilized in such a manner which produces
glare perceptible at or beyond the property lines.
(7)
Electromagnetic radiation or injurious radioactive emissions
shall not be produced.
(8)
Untreated and/or potentially dangerous effluent from plan operations
shall not be discharged.
(9)
Storage of waste materials on the lot shall not be permitted.
(10)
No noise except for period irregular traffic noises shall be
permitted.
(11)
Operations that constitute a danger to the community shall not
be permitted.
(12)
On-site sewer systems shall not be permitted.
(13)
Water service shall be from the Borough's water supply
system.
E.
Erection of more than one principal building on a lot. In any district,
more than one building or structure containing a permitted principal
use may be erected on a single lot, provided that yard and other requirements
of this chapter shall be met for each structure as though they were
an individual lot and a stormwater management plan is filed in compliance
with all Borough requirements.
F.
Storage of explosives.
(1)
No explosives, other than small supplies of gunpowder for personal
reloading of firearms, shall be stored in residential districts.
(2)
Explosives may be stored in the Commercial/Industrial District,
provided the storage area is no closer than 200 feet to any property
line and provided the requirements of all other laws and regulations
have been previously met.
G.
Natural resource protection standards and removal of natural resources.
(1)
The removal of natural resources from any site in the Borough
shall be prohibited, subject to the restrictions of this section,
unless specifically permitted by an underlying zoning district.
(2)
As used in this chapter, the term "natural resource" shall include
all natural elements and resources found upon or within the earth,
including but not limited to water, soil and dirt, stone and gravel,
minerals, plants, trees, gases, and the like.
(3)
All uses and activities established after the effective date
of this chapter shall comply with the following standards:
(a)
Site alterations, regrading, filling or clearing of vegetation
prior to the submission of applications for zoning or building permits
or the submission of plans for subdivision or land development shall
be a violation of this chapter.
(b)
In the event that two or more resources overlap, the resource
with the greatest protection standard (the least amount of alteration,
regrading, clearing or building) shall apply to the area of overlap.
(4)
Exemptions. The following activities shall be exempt from this
section:
(a)
Normal lawn preparation and maintenance.
(b)
Construction or alteration of a street or public utility improvement.
(c)
Permitted farming operations, so long as sound soil conservation
practices are observed.
(d)
The removal of groundwater to a single property where said property
cannot be reasonably serviced by the public water system.
(e)
Construction restrictions. The removal of natural resources
as a part of site preparation for the construction of a building or
for grading incidental to such construction shall be permitted, provided
that a special permit is granted by the Zoning Hearing Board.
(f)
Mining restrictions. The removal of natural resources for mining
purposes may be permitted for a limited period if a special permit
is granted by the Zoning Hearing Board, provided that a bond or escrow
fund is established to backfill the excavation at the grade existing
prior to excavation. The amount of the bond or escrow fund shall be
determined by the Zoning Hearing Board.
(5)
Streams, watercourses, wetlands, lakes or ponds.
(a)
For the purposes of this chapter, wetlands are defined as areas
of poorly drained or water-saturated soils supporting wetland vegetation,
where the water table is at or near the surface or where shallow water
covers the area due to permanent or seasonal inundation of surface
or groundwater. Also, soils identified and/or regulated by the Pennsylvania
Department of Environmental Protection, the United States Conservation
Service, United States Army Corps of Engineers, and/or the Environmental
Protection Agency or their successor agencies.
(b)
Streams, watercourses, wetlands, lakes or ponds shall not be
altered, regraded, developed, filled, piped, diverted, or built upon,
except that roads may cross streams, watercourses and wetlands, where
design approval is obtained in advance from the Borough and the Pennsylvania
Department of Environmental Protection and where no other reasonable
access is available.
(c)
In the event that a wetlands delineation validated by the United States Army Corps of Engineers is shown to vary from the wetlands boundary derived from the definition in Subsection F of this section, the more restrictive delineation will govern. The wetlands margin will then be measured from the more restrictive delineated boundary.
(d)
Federal and state regulations of wetlands.
[1]
In addition to the above requirement for proposed
uses, activities, or improvements which would entail the regrading
and placement of fill in wetlands, the applicant shall provide the
Borough with proof that the Pennsylvania Department of Environmental
Protection (Bureau of Dams and Water Safety) and the United States
Army Corps of Engineers have been contacted to determine the applicability
of state and federal regulations for areas identified as wetlands
on National Wetland Inventory (MWI) maps, United States Fish and Wildlife
Service, or which meet these agencies' definition of wetlands,
which is:
[a]
Wetlands. Those areas that are inundated or saturated
by surface or groundwater at a frequency and duration sufficient to
support, and that under normal circumstances do support, a prevalence
of vegetation typically adapted for life in saturated soil conditions,
including swamps, marshes, bogs and similar areas.
[2]
Wetland margins.
[a]
The transitional area extending from the outer
limit of the wetland. For the purposes of this chapter, the wetland
margin shall extend 100 feet from the wetland boundary or to the limit
of the hydric soils, whichever is less.
[b]
No more than 20% of such areas shall be altered,
regraded, filled or built upon.
(6)
Steep slopes. Steep slopes are areas where the average slope
exceeds 15% and therefore are subject to high rates of stormwater
runoff, as well as erosion and flooding. In areas of steep slopes,
the following standards shall apply:
The following regulations shall apply to the uses listed below
for all zoning districts.
A.
Adult commercial business.
(1)
The building or structure of such use shall be located no less
than 500 feet from any residential use or district, public or private
school, church, recreation facility, or any other religious, institutional,
or educational use.
(2)
No such use shall be located within 2,000 feet of a similar
use.
(3)
No materials sold within shall be visible from any window, door,
or exterior of the building.
(4)
No person under the age of 18 years of age shall be permitted
within an adult commercial business or sold any pornographic material.
(6)
Parking. One off-street parking space for each 100 square feet
of total floor area used or intended to be used for servicing customers,
plus one additional space for every two employees.
(7)
There shall be no display of adult commercial materials visible
from the exterior of the building.
(8)
No unlawful sexual activity or conduct shall be performed or
permitted.
(9)
All exterior signage is subject to the review and approval of
the Borough Zoning Hearing Board, with emphasis on compatibility with
adjacent uses and the character of the neighborhood.
(10)
An adult commercial business shall not change to another adult
commercial business, except upon the approval of another special exception
by the Zoning Hearing Board and subject to the criteria set forth
in this chapter.
B.
Apartment (upper level). The applicant shall supply the following
information to the Planning Commission for review:
(1)
A sketch of the building in question showing that portion to
be used for residential uses, including the amount of floor space
allocated to each proposed dwelling unit.
(2)
A sketch of the building in question showing that portion to
be used for commercial uses with each proposed use indicated, including
the amount of floor space allocated to it.
(3)
A sketch of the lot in question showing the necessary off-street
parking spaces.
(4)
No use shall be permitted on any floor which does not have ground-level
entrances.
(5)
Retail sales of goods shall not be permitted unless the facility
has a separate and exclusive entrance.
(6)
Commercial uses shall not exceed 1,500 square feet.
(7)
Goods shall not be displayed or stored in any required access
of parking areas.
(8)
Commercial uses which constitute an annoyance or inconvenience
to residents shall not be permitted.
(9)
Noise emanating from a use subject to these regulations shall
not exceed the level of ordinary conversation at any point beyond
the area in which the use is conducted.
(10)
Odors shall not be perceptible.
(11)
Signs shall only advertise good or services sold on the premises,
and no other.
(12)
Each apartment shall have a minimum of 750 square feet of floor
area.
(13)
Required parking. Two off-street parking spaces per dwelling
unit. If the total number of spaces required is not a whole number,
the number shall be rounded up to the next higher number.
C.
Automobile repair/service station. Automobile repair garage, including
paint-spraying and body and fender work, provided that all repair
and paint work is performed within an enclosed building.
(1)
All automobile parts, refuse, and similar parts shall be stored
within a building or enclosed area.
(2)
Vehicles awaiting repairs and junk vehicles may not be stored
outdoors for more than five days.
(4)
Required parking. One off-street parking space for each 100
square feet of total floor area dedicated to sales, service, or repair;
plus one additional space for each employee.
(5)
The sale of convenience-type products shall be limited to a
maximum floor area of 2,000 square feet.
(6)
Access to roads shall be at least 200 feet from the intersection
of any street.
(7)
All activities, except those to be performed at the fuel pumps,
shall be performed at a completely enclosed building.
(8)
Fuel pumps and canopies shall be at least 25 feet away from
any ultimate street right-of-way.
(9)
All automobile parts and similar parts shall be stored within
a building or enclosed area.
(10)
All refuse shall be stored within a building or enclosed area.
(11)
Spray painting or body and fender work shall not be permitted
unless within an enclosed building.
(12)
Lubrication, oil changes, tire changes, and minor repairs are
permitted if performed entirely within a building.
(13)
Approval shall be secured from the Pennsylvania State Police
Fire Marshal for the underground storage of fuel. The Pennsylvania
State Police Fire Marshal shall be contacted if fuel tanks are temporarily
or permanently abandoned. All service stations or car-washing facilities
must meet all applicable stated and federal standards.
D.
Automotive sales and service.
(1)
Dimensional requirements.
(c)
Required parking. One off-street parking space for each 100
square feet of total floor area dedicated to sales, service, or repair
and one off-street parking space for each 5,000 square feet of total
outside vehicle display area, plus one additional space for each employee.
This required parking shall not be used for the display of automobiles
offered for sale or lease.
E.
Automotive accessories. Required parking: one off-street parking
space for each 100 square feet of total floor area dedicated to sales,
service, or repair; plus one additional space for each employee.
F.
Bed-and-breakfast inn. The following additional standards shall be
imposed by the Zoning Hearing Board when rendering its decision:
(1)
No more than six bedrooms shall be permitted in any bed-and-breakfast
inn, other than those used exclusively by the owner and his or her
family.
(2)
Meals served shall be limited to guests only.
(3)
Guests shall be limited to travelers; bed-and-breakfast inns
shall not serve as weekly or monthly homes for persons without other
accommodations.
(4)
All bed-and-breakfast inns shall have at least one additional
parking space for each bedroom not used exclusively by the owner or
his or her family.
H.
I.
Commercial/industrial park.
(1)
Individual uses may be located in detached and attached structures.
(2)
Dimensional requirements.
(a)
Minimum requirements.
[1]
Minimum site area: five acres.
[2]
Minimum site width: 200 feet.
[3]
Minimum setbacks from site boundaries: 75 feet.
[4]
Minimum lot area: one acre.
[5]
Minimum lot width: 100 feet.
[6]
Minimum front yard: 50 feet.
[7]
Minimum side yard: 20 feet.
[8]
Minimum rear yard: 30 feet.
[9]
Minimum building spacing: 35 feet.
(4)
Accessory outside storage of refuse is not permitted within
a park.
(5)
Lighting facilities shall be provided and arranged in a manner
in which will protect the roads and neighboring properties from direct
glare or hazardous interference of any kind.
(7)
All uses within the park shall take access from an interior
roadway. Access for the park shall be from an arterial or collector
road.
(8)
All parking and loading facilities shall be located to the rear
or side of buildings.
(10)
Transportation, water, natural resource, community facilities, and fiscal impact studies, as well as a market analysis shall be required, as set forth in Chapter 355, Subdivision and Land Development.
(12)
The applicant shall submit a plan for the overall design and
improvements for the park.
(13)
No use shall emit noise in excess of the applicable Quarryville
Borough regulations.
(14)
Parking areas must be adequately screened when situated within
50 feet of land zoned for or a residential use.
J.
Continuing-care retirement community.
(1)
Application. The regulations of this section shall apply to
sites in any zoning district where continuing-care retirement communities
are permitted as a special exception.
(2)
Area and bulk regulations.
(a)
The minimum lot size shall be five acres.
(b)
The maximum number of dwelling units within the continuing-care
retirement community shall not exceed 10 dwelling units per acre.
Personal care and assisted-living rooms, nursing care beds, and other
supportive care facilities shall not be included within the calculation
of the number of permitted dwelling units.
(c)
The maximum building height shall be 45 feet.
(d)
The minimum open area shall be 30%.
(e)
The minimum lot width at street shall be 150 feet.
(f)
The minimum lot width at setback shall be 150 feet.
K.
Contracting.
(1)
All materials and vehicles shall be stored within a building
or an enclosed area which is properly screened.
(2)
Required parking. One parking space for each employee on the
largest shift or one parking space for every 500 square feet of total
floor area, whichever is greater; plus one space for each company
vehicle normally stored on the premises.
L.
Crafts.
(1)
Required parking. One off-street parking space for each employee
on the largest shift or one space for every 500 square feet of total
floor area, whichever is greater; plus one space for each company
vehicle normally stored on the premises.
M.
Day-care centers/nursery school.
(1)
Licensing, approval and permit procedures. Prior to the granting
of a permit by the Zoning Officer, the applicant must obtain all required
licenses and governmental approvals from the applicable local, state
and federal agencies.
(2)
Area and dimensional standards. All day-care centers/nursery
schools shall be subject to the following provisions, except where
standards are outlined in the specific district. The following standards
shall apply:
(a)
Minimum lot area: 10,000 square feet.
(b)
Minimum lot width: 40 feet (at street line); 80 feet (at building
setback line).
(c)
Minimum front yard: 30 feet.
(d)
Minimum side yard: 10 feet.
(e)
Minimum rear yard: 30 feet.
(f)
Maximum building height: one story or 35 feet.
(g)
Maximum building coverage: 40%.
(h)
Maximum impervious surface: 50%.
(3)
Minimum parking. One off-street parking space is required per
employee or staff member. The applicant must prove the projected number
of expected staff members based on state standards. There shall be
a minimum of one staff parking space per eight children. In addition,
there shall be vehicle spaces for dropping off and picking up children
of no less than two spaces for up to 20 children and one additional
space for every 10 children over 20. Any on-street curbside dropoff
spaces shall be no less than 22 feet long and restricted by signage
for dropoff and pickup area only. Double parking in the street is
not permitted.
(4)
All off-street parking areas of over three spaces shall meet the parking performance standards set forth in § 420-1203E.
(5)
An outdoor play area shall be provided on-site, and shall meet
the applicable state or federal standards regarding size, dimensions,
and manner of enclosure, etc.
(6)
All commercial-type trash receptacles shall be screened from
adjoining properties and shall be placed outside of the play area.
(7)
Day-care centers should not be located adjacent to such incompatible
uses as heavy industrial use or truck terminal.
(8)
Building height. Although the building height may exceed one
story, all spaces occupied by children must be limited to the ground
floor in order to ensure quick evacuation of the children in case
of fire.
N.
Drive-through and other types of restaurants. When not part of a
shopping center, the following dimensional standards shall apply:
(2)
Such uses with drive-up service windows shall have a vehicle
waiting line area for at least five vehicles. The waiting line area
shall be separated from other circulation areas.
(3)
Parking. One off-street parking space for each 25 square feet
of total floor area used by customers, or one off-street space for
every two seats, whichever requires the greater number of spaces;
plus one additional space for each employee on the largest shift.
O.
Emergency services. Includes fire, ambulance, rescue and other emergency
services of a municipal or volunteer nature.
(1)
Parking. Three off-street parking spaces for every four employees
on the major shifts at maximum employment, or four off-street parking
spaces for each fire truck (whichever requires the greater number
of spaces).
P.
Extensive agriculture. Extensive agriculture uses involve the production
of agricultural, horticultural, arboricultural, and dairy products;
the keeping of livestock, poultry, and bee-raising; and all buildings
(barns, sheds, silos, etc.) associated with this use.
(1)
Minimum requirements, minimum lot area: three acres.
(2)
Maximum requirements, maximum impervious surface ratio: 10%.
(3)
Silos shall be situated not less than 1 1/4 times the height
of the silo from any street line or property line.
(4)
Any building or structure shall meet the lot width, yard and
setback requirements for a single-family detached dwelling.
(5)
The keeping or raising of livestock and poultry on parcels of
land less than 10 acres in the area shall be limited to the keeping
and raising of two head of livestock or 100 fowl per one acre.
Q.
R.
Financial establishment. Such uses with drive-up service windows
shall have a vehicle waiting line area for at least five vehicles.
The waiting line area shall be separated from other circulation lanes.
S.
Fuel storage and distribution.
(1)
Approval shall be secured from the Pennsylvania State Police
and Fire Marshal for the underground storage of fuel.
(3)
Required parking. Parking spaces shall be provided as determined
by the Zoning Hearing Board as deemed necessary to adequately serve
customers, employees, visitors, and vehicles that normally park on
the premises. However, in no case shall there be less than one off-street
parking space provided for each employee.
T.
Home occupations.
(1)
A home occupation must be conducted within a dwelling which
is the bona fide residence of the principal practitioner, or in the
accessory building thereto which is normally associated with a residential
use. The home occupation shall be carried on wholly indoors, except
for outdoor play areas associated with family day care.
(2)
The maximum amount of the floor area devoted to home occupations
shall not be more than 25% of the total floor area of the principal
residential structure or 500 square feet, whichever is less.
(3)
A home occupation is permitted only in a single-family detached
dwelling or a two-family detached dwelling.
(4)
Accessory building(s) or structure(s) can be used for a home
occupation, provided that the total area used in the accessory building,
plus the area used in the dwelling unit, shall not exceed 25% of the
habitable floor area of the dwelling unit.
(5)
In no way shall the appearance of the residential structure
be altered or the occupation within the residence be conducted in
a manner which would cause the premises to differ from its residential
character by the use of colors, materials, construction, lighting,
show windows or advertising visible outside the premises to attract
customers or clients, other than those signs permitted by this chapter.
(6)
One sign is permitted per home occupation, providing that it
is no larger than two square feet per side and bears only the name,
occupation and office hours of the practitioner. In addition, it shall
not be illuminated or placed in a window.
(7)
All commercial vehicles shall be parked on-lot.
(8)
Off-street parking spaces are not permitted in front yards.
A ten-foot driveway providing access to parking areas in the side
or rear of the property may be located in the front yard. All off
street parking areas must be located at least 10 feet from any property
line. Off-street parking lots with three or more spaces shall be buffered
from abutting residences. Appropriate landscape materials in the form
of hedges shall be installed at three feet on center. Alternatively,
a four-to-five-foot-high fence may be erected which provides a visual
screen.
(9)
There shall be no exterior storage of materials or refuse resulting
from the operation of the home occupation.
(10)
No equipment or process shall be used in a home occupation which
creates noise, vibration, glare, fumes, odors, dust or electrical
interference detectable to the normal senses beyond the lot line.
No equipment or process shall be used which creates visible or audible
interferences in any radio or television receivers off the premises.
(11)
Home occupations shall not include the following: animal hospitals,
commercial stables and kennels, funeral parlors or undertaking establishments,
antique shops, tourist homes, restaurants and rooming/boarding/lodging
houses.
(12)
A zoning permit shall be required for all accessory home occupations.
(13)
The applicant shall submit evidence of receipt of all applicable
or required local, state, and federal licenses, permits and/or governmental
approvals.
U.
Hotel/motel. The regulations of this section shall apply to sites
located in any zoning district where institutions are permitted as
a special exception.
(1)
Area and dimensional standards:
(a)
Minimum lot area: 3,000 square feet for each bedroom/suite up
to 30, and 2,000 square feet for each additional bedroom/suite in
excess of that number, provided that no use shall occupy a site less
than one acre.
(b)
Minimum front yard: 75 feet.
(c)
Minimum side yard: 75 feet.
(d)
Minimum rear yard: 75 feet.
(e)
Maximum building coverage: 25%.
(f)
Maximum impervious surface: 40%.
(g)
Minimum open space: 40%.
(2)
Activities shall not be conducted outside in an open area visible
from a street unless it is screened from view from any adjacent residential
district or use.
(3)
Glare shall not exceed the lot lines.
(4)
The regular pattern of noise shall not exceed the level of normal
conversation at the lot lines.
V.
Institutional uses. The regulations of this section shall apply to
sites located in any zoning district where institutions are permitted
as a special exception.
(1)
All area and bulk requirements of the underlying zoning district
shall apply with the following exceptions:
(a)
Minimum lot area: 1,000 square feet per bed and 2,500 square
feet for each separate facility used for outpatient treatment; no
use less than two acres.
(b)
Minimum front yard: 50 feet.
(c)
Minimum side yard: 50 feet.
(d)
Minimum rear yard: 50 feet.
(e)
Maximum building coverage: 40%.
(f)
Maximum impervious surface: 65%.
(g)
Minimum open space: 35%.
(2)
Activities shall not be conducted outside in an open area visible
from a street on a regular, periodic basis.
(3)
Glare shall not exceed the lot lines.
(4)
Electromagnetic radiation or radioactive emissions shall not
be produced.
W.
Intensive agriculture. Intensive agricultural uses include greenhouses,
mushroom houses, feedlots and confinement of livestock or poultry
operations taking place in structures or closed pens.
(1)
Minimum requirements, minimum lot area: 10 acres.
(2)
Maximum requirements, maximum impervious surface ratio: 3%.
(3)
Any building or structure used for the keeping or raising of
livestock, horses or poultry shall be situated not less than 100 feet
from any street line or property line.
(4)
Silos shall be situated not less than 1 1/4 times the height
of the silo from any street line or property line.
(5)
All applicable regulations of the Pennsylvania Department of
Environmental Protection (DEP) shall be met.
(6)
Feedlots, pens and confinement areas shall not be situated less
than 30 feet from any stream or swale.
(7)
The raising of garbage-fed pigs is not permitted.
(8)
No area for the storage or processing of manure, garbage or
spent mushroom compost or structures for the cultivation of mushrooms
shall be situated less than 200 feet from any street line or property
line.
(9)
Required parking. One parking space for each employee.
X.
Kennels.
(1)
Minimum lot area: 10 acres.
(2)
No animal shelter or run shall be located closer than 200 feet
from any lot line.
(3)
Maximum impervious surface ratio: 3%.
(4)
Any building or structure, other than noted above, shall meet
the lot width, yard and setback requirements for the applicable zoning
district.
(6)
Retail sales of related items shall be limited to 750 square
feet.
(7)
No area for the storage, processing, or spraying of animal waste
shall be situated less than 200 feet from any property line.
(8)
A zoning permit shall be obtained on a yearly basis.
(9)
Parking. One off-street paring space for each employee, plus
one space for each 200 square feet of sales area.
Y.
Junkyards and landfills.
(1)
No landfill shall be located on land mapped by the Natural Resources
Conservation Service as having a high water table or seasonal high
water table, or being subject to flooding.
(2)
No burning or scavenging shall be permitted.
(3)
All-weather access roads shall be provided.
(4)
The minimum lot size shall be 20 acres.
(5)
A fence shall be maintained along all property lines and shall
be a minimum of six feet in height.
(6)
All gates must be locked except during business hours.
(7)
The fence must be designed so that no operations can be viewed
from the lot boundaries.
(8)
All landfill sites shall be located a minimum of 200 feet from
any public street and 300 feet from any adjoining property line.
(9)
All landfills shall conform to all applicable laws and regulations.
Z.
Light manufacturing.
(1)
Required parking. One parking space for each employee on the
largest shift or one parking space for every 250 square feet of total
floor area, whichever is greater; plus one space for each company
vehicle normally stored on the premises.
AA.
Mini warehouse. Warehouse/storage units provided for lease to the
general public for the purpose of storage of parts commonly associated
with residential properties.
(3)
Maximum aisle width between buildings shall be 26 feet.
(4)
The storage facilities complex shall be surrounded by a fence
at least eight feet in height of a type approved by the Borough.
(5)
Outdoor storage of automobiles, boats, and recreation vehicles
is permitted if they are within the fenced area. A maximum of two
square feet of outdoor storage area shall be permitted for every one
square foot of indoor storage area. The parked vehicles shall not
interfere with traffic movement through the complex and shall meet
the minimum setback noted in above.
(6)
The screening requirements of Article XII shall be met. In addition, any parked vehicles which are stored outdoors shall be properly screened so as not to be visible from any adjacent streets or property.
(7)
One office and dwelling unit is permitted as an accessory use
to provide for a full-time caretaker.
(8)
Approval shall be obtained from the Borough Police Chief and
Fire Marshal regarding security and fire protection.
(9)
Minimum requirements for lease restrictions.
(10)
No business activities other than leasing of storage units shall
be permitted.
(11)
No explosive, toxic, radioactive or highly flammable materials
shall be stored on the property.
(12)
Required parking: one space for each five storage units, or,
if the size and number of the units is flexible, one space for each
2,000 square feet of total floor area and outside storage area. These
parking spaces should be distributed equally throughout the storage
area. If a manager's living quarters are included, two additional
spaces are required. Also required will be one additional space for
every 25 storage compartments or, if the size and number of the units
is flexible, one space for each 10,000 square feet of total floor
area to be located at the project office for use by prospective customers.
BB.
Manufactured home parks.
[Amended 4-4-2005 by Ord.
No. 361]
(1)
A minimum of five acres shall be required for a manufactured
home park.
(2)
Each manufactured home space shall consist of at least 4,000
square feet.
(3)
Each manufactured home shall have a side yard on both sides
of a minimum of 14 feet.
(4)
Each manufactured home shall have a minimum lot width at the
berth of 40 feet.
(5)
Each manufactured home shall have a rear yard of at least 15
feet.
(6)
Each manufactured home shall have a minimum distance between
the berth and the lot line of 50 feet.
(7)
Each manufactured home shall have a minimum floor area of 750
square feet of floor space.
(8)
Each manufactured home space shall have lot coverage and paving
of not more than 60%.
(9)
Each manufactured home lot shall be landscaped with a minimum
of three trees.
(10)
Each manufactured home park shall have a maximum impervious
surface of not more than 30%.
(11)
The maximum size of any storage shed for a manufactured home
shall be 65 square feet and shall not be more than eight feet in height.
(12)
Manufactured homes may not have additions or enclosures of any
unenclosed space outside of the manufactured home, except for awnings.
(13)
All internal driveways and walkways shall be hard-surfaced and
lighted at night with electric lamps of not less than 100 watts, each
spaced at intervals of not more than 100 feet.
(14)
Each manufactured home park shall have a minimum open space
area for the entire manufactured home park development (which may
include areas for stormwater management) of not less than 60%.
(15)
Each manufactured home park shall contain no more than six units
per acre.
(16)
Each manufactured home park shall be equipped with underground
utilities.
(17)
Not more than one manufactured home shall be placed on a manufactured
home lot, and such manufactured home shall be occupied by not more
than a single family.
(18)
The area between the ground level and the perimeter of the manufactured
home shall be enclosed by a means of a suitable skirting.
(19)
Each manufactured home shall be placed on a permanent foundation
of at least eight inches of poured concrete or masonry pillars set
on a concrete base of at least eight inches in thickness. The pillars
shall be placed no more than 10 feet apart with the end piers being
no farther than five feet from the ends of the unit. The pillars shall
be at least one foot by two feet in size and at least 36 inches below
grade. Each pillar shall have installed a tie-down ring to which the
manufactured home shall be secured.
(20)
Every manufactured home shall have access to an improved street in the manufactured home park, in accordance with Chapter 355, Subdivision and Land Development.
(21)
Recreation facilities.
(a)
Manufactured home parks with more than 30 manufactured home
spaces shall be equipped with indoor recreation facilities provided
within a community building.
(b)
A recreation plan shall be submitted showing at least 20 square
feet of indoor recreation facilities for each manufactured home.
(c)
Manufactured home parks with more than 30 manufactured home
spaces shall have an outdoor recreation area equal to at least 400
square feet for each manufactured home space or a series of smaller
such recreation areas (the sum of which is equal to at least 400 square
feet for each manufactured home space), and shall be improved according
to a recreation plan that shall be filed with the Borough.
CC.
Multifamily dwellings. The dimensional requirements of the underlying
zoning district shall apply with the following exceptions:
(1)
Multifamily dwelling units shall not be more than 35 feet in
height.
(2)
A multifamily dwelling unit shall contain a maximum of 12 dwelling
units.
(3)
Multifamily dwelling units shall not be less than 60 feet or
more than 240 feet in length.
(4)
The end walls of adjacent multifamily dwellings shall be separated
by at least 1 1/2 times the height of the taller building.
(5)
The width of the space between the front and rear facades of
multifamily dwellings shall be at least 2 1/2 times the height
of the taller building.
(6)
Lockers or storage areas. Each dwelling unit shall be provided
a minimum of 96 cubic feet of storage area in an enclosed room which
shall be capable of being locked. All such facilities shall be located
in an area which has direct access to a street or driveway.
(7)
All parking spaces shall be within 150 feet of each dwelling
for which the parking space is to be used.
(8)
Buildings shall be designed so as to avoid monotonous patterns
of construction or repetitive spaces or modules between the buildings.
(9)
Streets shall be designed so as to discourage through traffic
on the site.
(10)
Recreation facilities.
(a)
Multifamily dwellings containing 30 or more units shall be equipped
with indoor recreation facilities provided within a community building.
(b)
A recreation plan shall be submitted showing at least 20 square
feet of indoor recreation facilities for each dwelling unit.
(c)
Multifamily dwellings containing 30 or more units shall have
an outdoor recreation area equal to at least 400 square feet for each
dwelling unit or a series of smaller such recreation areas (the sum
of which is equal to at least 400 square feet for each dwelling unit),
and shall be improved according to a recreation plan that shall be
filed with the Borough.
DD.
Parks and recreation uses.
(1)
Park and recreation areas include open space, natural areas,
recreational facilities and associated community improvements.
(2)
Any open space, park or recreation area required to be set aside
by this chapter or any other ordinance or any other area dedicated
or set aside for park or recreation used shall be subject to these
regulations.
(3)
Any proposed open space park or recreation area, whether individual
or as part of a residential subdivision and land development plan,
shall be submitted for review by the Planning Commission, together
with a map of the area, photographs of the area and a description
of the proposed use and required improvements.
(4)
Applications shall not be approved unless the proposed use is
a desirable facility that can be enjoyed by surrounding residents.
(5)
The applicant shall submit a statement providing sufficient
detail regarding the type of ownership of the facility, maintenance
procedures and estimated costs. Applications shall not be approved
unless one of the following techniques is utilized:
(a)
Ownership of the property may be given to the municipality or
school district under a deed restricting the disposition of the property
for any other purpose. The application shall furnish proof of the
acceptance of such offer, stating the date and terms of acceptance
as well as the name of the municipality or school district.
(b)
Ownership of the property may be given to an incorporated nonprofit
corporation.
[1]
At least one of the officers of such a corporation
shall be a resident of the surrounding community.
[2]
The articles of incorporation shall provide for
the collection of revenues from dues, usage charges, donation, and/or
membership.
[3]
Deed restrictions shall be recorded stating that
the officers of the corporation and/or surrounding property owners
shall be responsible for special assessments sufficient to maintain
the facilities.
[4]
The application shall furnish proof of the details
required by this section, including the articles of incorporation.
(c)
Ownership of the property may be deeded to an existing corporation
under a deed restricting the disposition of such property for any
other purpose. The corporation shall, in a prepared statement, indicate
the date and terms of acceptance, as well as their announced intention
to utilize the land showing necessary supporting financial data relating
to project income and expenses of the operation.
(d)
Ownership of the property may be deeded to individual property
owners, provided that the area is to remain undeveloped.
[1]
The deeds shall contain a restriction which permits
an easement to use the facilities for every resident of the community
and a covenant to maintain this land for park purposes in perpetuity.
[2]
The applicant shall furnish proof of the details
required by this section, including the deed book and page numbers
for each deed and a copy of the covenant and deed restriction.
(6)
Park and recreation use standards. In reviewing any proposed
plan, the Planning Commission shall determine the suitability of the
designated open area to fulfill its proposed function. In such analysis,
the following standards shall be used:
(a)
The area to be used for active recreation must be suitably drained
with a slope of no more than 10%.
(b)
Any woodland or natural site shall be no less than three acres
in size if it is to remain unimproved.
(c)
Recreation facilities shall be designed according to the National
Recreation and Park Association (NRPA) guidelines for orientation,
size, layout and dimensional requirements.
(d)
Stormwater management facilities shall not be used for recreational
purposes.
(e)
Each park or recreation area shall contain an area of at least
the greater of one acre or 40% of the space devoted to basketball
courts, tennis courts, volleyball courts, swing sets, gazebos, play
equipment, and other permanent improvements of a similar nature.
(f)
All such areas shall be adequately lighted for nighttime use.
(g)
Any proposed use shall not be located or conducted in a manner
which shall prove to be detrimental to surrounding properties.
(h)
Any proposed park or recreation facility shall have at least
one principal entrance to a street.
EE.
Places of worship.
(1)
Cemeteries are permitted as an accessory use.
(3)
Parking requirements. One off-street parking space for each
four seats provided for patron use, or at least one off-street parking
space for each 60 square feet of total floor area uses or intended
to be used for service to patrons, guests or members (whichever requires
the greater number of off-street parking spaces); plus one additional
space for each full-time employee. Parking areas shall be adequately
screened when situated within 50 feet of land zoned for or in residential
use.
(4)
No activities shall be conducted in the yard areas on a regular
basis.
(5)
No regular pattern of noise shall exceed the level of conversation
at the lot lines.
FF.
Printing, publishing and binding. Required parking: one parking space
for each employee on the largest shift or one parking space for every
500 square feet of total floor area, whichever is greater; plus one
space for each company vehicle normally stored on the premises.
GG.
Public utilities. This subsection shall apply to any structure or
any improvement to be constructed other than repair or replacement
of existing facilities, by any public utility as defined by existing
state law, except common or contract carriers.
(1)
Building location restrictions. Any building to be erected for
the purposes of serving a public utility shall be permitted as a special
exception use in all zoning districts, subject to the requirement
that the applicant shall first prove to the Zoning Hearing Board that
the placing and construction of said building shall not adversely
affect the health, safety and welfare of the community and shall be
aesthetically pleasing.
(2)
Underground utilities. Any new utilities for all new developments
and for all new industrial and commercial uses shall be subsurface,
appropriately installed according to applicable safety standards.
HH.
Radio and television towers, masts, aerials, flagpoles, dish antenna
and silos.
(1)
Radio and television towers, masts, aerials, flagpoles, dish
antenna and silos shall be an accessory use to a principal use other
than utilities.
(2)
The structure shall be set back from all property lines a distance
of at least 1 1/2 times the height of the structure.
(3)
The structure shall be anchored to the ground in a manner satisfactory
to the Borough.
(4)
No radio tower or television tower shall be located in the front
yard of a residential structure.
(5)
Except for dish antenna smaller than 24 inches in diameter,
one dish antenna may be erected on a residential lot, by special exception,
subject to the following:
(a)
The height of the proposed antenna must not exceed the maximum
height restriction imposed upon primary uses within the respective
zoning district.
(b)
No installation in front yards.
(c)
The installation shall meet all side and rear setback requirements.
(d)
The installation shall be suitably screened to prevent view
from surrounding properties and under any conditions shall not be
viewed from a public right-of-way.
II.
Residential conversions.
(2)
Minimum dimensional requirements. All residential conversions
shall not further encroach upon the minimum dimensional requirements
of the district they are located in.
(3)
Minimum floor space per dwelling unit shall be as follows:
|
Type of Unit
|
Square Feet
|
|---|---|
|
Efficiency
|
500
|
|
1 bedroom
|
655
|
|
2 bedrooms
|
950
|
|
3 bedrooms
|
1,125
|
|
4 bedrooms
|
1,130
|
(4)
Minimum off-street parking space requirements shall be as follows.
|
Type of Unit
|
Square Feet
|
|---|---|
|
Efficiency
|
1
|
|
1 bedroom
|
1
|
|
2 bedrooms
|
2
|
|
3 bedrooms
|
2
|
|
4 bedrooms
|
2.5
|
(5)
Off-street parking spaces shall be located to the side or rear
of the converted structure.
(6)
Detached dwellings which are converted must maintain the appearance
of a single-family dwelling with a single front entrance. Additional
entrances may be placed on the side or rear of the structure. The
dwelling units may share the single front entrance.
(7)
Exterior stairways and fire escapes shall be located on the
rear wall in preference to either side wall, but in no case on a front
or side wall facing a street.
(8)
Except as may be necessary for purposes of safety in accordance
with the preceding subsection, there shall be no major structural
change in the exterior of the building in connection with the conversion.
After conversion, the building shall retain substantially the same
structural appearance it had before such conversion.
(9)
Separate cooking and sanitary facilities shall be provided for
each dwelling unit.
(10)
Off-street parking areas with three or more spaces shall be
buffered from abutting residences. Hedge material shall be placed
on three-foot centers or a four-foot-to-five-foot fence may be erected
which provides a visual screen.
(11)
Trash receptacles shall not be visible from the street or abutting
properties except on scheduled pickup days.
(12)
A structure must be occupied at least 15 years before being
eligible for conversion.
JJ.
Schools.
(1)
Access shall be taken from an arterial or collector roadway,
with safe ingress and egress for both vehicular and pedestrian traffic.
(2)
Each site shall have access to public utilities.
(3)
All dimensional requirements of the underlying zoning district
shall apply, with the following exceptions:
(4)
Outdoor play areas shall be 75 feet from side and rear property
lines. Outdoor play areas shall be sufficiently screened to protect
the neighborhood from noise and other disturbances.
(5)
Outdoor play areas shall be fenced.
(6)
Required parking.
(a)
Nursery school or kindergarten. One off-street parking space
for each faculty member and employee; plus two additional spaces per
classroom.
(b)
Elementary school. One off-street parking space for each faculty
member and employee; plus one space for every two classrooms and/or
offices.
(c)
Junior high school. One off-street parking space for each faculty
member and employee; plus one space for every two classrooms and/or
offices.
(d)
Senior high school. One off-street parking space for each faculty
member and employee; plus one space for every 10 classrooms and/or
offices.
(e)
Parking areas shall be adequately screened when situated within
50 feet of land zoned for or in residential use.
KK.
Shopping center. A planned and designed a complex of related structures
and circulation patterns.
(1)
Minimum dimensional requirements.
|
General
| |
|---|---|
|
Minimum site area
|
3 acres
|
|
Minimum site width
|
200 feet
|
|
Minimum front yard
|
100 feet
|
|
Minimum side yard
|
35 feet
|
|
Minimum rear yard
|
50 feet
|
|
Minimum building spacing
|
50 feet
|
(3)
Not more than 35% of the total site area may be occupied by
buildings.
(5)
No building or permanent structure, other than a permitted sign,
shall be erected within 100 feet of a street line, or within 50 feet
of any property line. No parking, loading or service area shall be
located less than 30 feet from any property line, with the further
requirement that parking, loading or service areas shall not be permitted
within the required yard area.
(6)
The proposed development shall be constructed in accordance
with an overall plan and shall be designed in a single architectural
style with appropriate landscaping.
(7)
Lighting facilities shall be provided and arranged in a manner
which will protect the highway and neighboring properties from any
direct glare or hazardous interference of any kind.
(8)
Required parking. Four off-street parking spaces shall be provided
and maintained for each 1,000 square feet of gross leasable area.
"Gross leasable area" is the total floor area designed for tenant
occupancy and use, including basements, mezzanines, storage area and
upper floors, if any, expressed in square feet and measured from the
center line of common partitions and from the faces of outside walls.
LL.
Short-term recreation. The following standards shall apply to short-term
recreational activities:
(1)
No active recreation shall be conducted nearer to any lot line
than 100 feet.
(2)
No illuminated signs shall be permitted.
(3)
The regular pattern of noise shall not exceed the level of conversation
at the lot lines from 9:00 p.m. to 8:00 a.m.
(4)
No area and/or floor space used for retail sales shall exceed
3,000 square feet.
NN.
Temporary construction structures.
(1)
During the course of active construction and prior to the issuance
of any certificate of occupancy, the Zoning Officer may issue a temporary
permit (which shall be valid for no longer than the period the main
building is valid) allowing for the placement on the property upon
which the construction is taking place a temporary structure for storage
or office trailers or portable sanitary facilities as are necessary
for completion of the project.
(2)
The Zoning Officer shall require that all such structures and
facilities comply with the yard requirements for accessory structures
otherwise set forth herein and shall have discretion to limit occupancy
inconsistent with the health, safety and welfare of the community.
(3)
Structures shall only be used for storage and uses related to
property upon which they rest and the number may be limited by the
Zoning Officer to prevent abuse or reduce dangers.
OO.
Truck terminal.
(3)
Short-term warehousing may be permitted under this use.
(4)
The truck terminal shall be licensed by the Public Utilities
Commission.
(5)
Trucks with compressors that run 24 hours a day shall be enclosed
in a building.
(6)
Required parking. One off-street parking space for each employee
or one space for every 500 square feet of total floor area, whichever
requires the greater number of spaces; plus one space for each company
vehicle normally stored on the premises.
PP.
Wholesale business, wholesale storage, and warehousing.
(1)
No explosive, toxic, radioactive or highly flammable material
shall be stored on the premises.
(2)
Required parking. One parking space for each employee on the
largest shift or one parking space for every 500 square feet of total
floor area, whichever is greater; plus one space for each company
vehicle normally stored on the premises.
QQ.
Municipal uses. Notwithstanding any other provision of the chapter,
municipal uses shall be permitted as of right in all zoning districts.
Municipal uses shall not be subject to lot area, lot width, setback,
height, coverage, off-street parking or street frontage provisions
of the chapter.
[Added 4-7-2014 by Ord.
No. 406]
