[Ord. 8-1994, 12/12/1994, § 400]
The purpose of this Part is to supplement the district regulations
contained in Part 3 with additional requirements applicable to certain
specific uses. Therefore, in addition to those standards outlined
in Part 3, the following regulations shall apply to the identified
uses.
[Ord. 8-1994, 12/12/1994, § 401]
Any use not otherwise expressly permitted in any district shall
be prohibited. If an individual desires to undertake an activity not
expressly permitted, he may request the Borough Council to consider
amending the chapter to permit such a use. (See § 1101 for
amendment process.)
[Ord. 8-1994, 12/12/1994, § 402; as amended by
Ord. 6-2007, 10/8/2007]
All dwelling units, including single family, two-family, and
multifamily units shall adhere to the following requirements:
A. Every
dwelling unit shall conform to all applicable building, housing, electrical
and plumbing codes in effect in the Borough or as may hereafter be
enacted.
B. Every
dwelling unit shall be placed upon and firmly anchored to a permanent
foundation. A permanent foundation shall consist of masonry construction
placed upon footers set below the frost line or other technique or
methodology of demonstrated capability.
C. Every dwelling unit which is to be located in the Floodplain District shall comply with all applicable district regulations in Part
3 and the floodplain management provisions contained in Part
6 of this chapter.
D. Every
single-family dwelling unit (whether attached or detached) must contain
a minimum of 750 square feet of gross floor area.
[Ord. 8-1994, 12/12/1994, § 403]
A mobile home may be permitted to be placed on an individual lot as a permanent independent dwelling unit only as provided in Part
3. (See § 426(2) for mobile homes to be used as temporary quarters.) When reviewing applications for such proposals, the Borough shall utilize the following criteria and may require additional information to be submitted where it feels such is necessary to adequately protect the health, safety and welfare of the Borough residents:
A. Every
lot to be used for the placement of a permanent mobile home shall
have a gross area at least equal to the minimum lot size for the district
in which it is located. In addition, the unit must be situated on
the lot to meet the applicable minimum setback line requirements.
B. Every
permanent mobile home shall meet the minimum standards of all local
building, housing, electrical, plumbing and other codes in effect
in the Borough or as may hereafter be enacted.
C. Every
permanent mobile home shall be placed upon a foundation. Such foundation
shall consist of no less than footers or masonry construction set
below the frost line and shall be constructed to leave no unnecessary
open space between the mobile home and the foundation, except for
windows or other openings as might be necessary for purposes such
as floodproofing.
D. Every
permanent mobile home shall be firmly anchored to its foundation prior
to the unit being occupied or used in order to prevent overturning
or uplift. The mobile home foundation shall be provided with anchors
and tie-downs, such as cast-in-place concrete "deadman" eyelets embedded
in concrete or runways, screw augers or arrow head anchors. The anchoring
system shall be designed to resist a minimum wind velocity of at least
90 miles per hour.
E. Every
permanent mobile home shall have a continuous wall around its entire
perimeter. The wall shall be constructed in accordance with one of
the following methods:
(1) Wall. A wall may be constructed of concrete or masonry and shall
extend from the unit floor system to concrete footing below the subgrade
frost line; i.e. an extension of the foundation.
(2) Skirting. If a wall is not used, every mobile home shall be encircled
with skirting designed to compliment its appearance. Skirting shall
include materials which have been prefabricated for this purpose or
other impervious, moisture-resistant materials, and shall not include
bales of hay, straw, interior plywood or other like materials.
F. Access
to crawl space created by the installation of a wall shall be provided
by means of a lockable access panel or door.
G. Every
unit to be used as a dwelling unit must contain a minimum of 600 square
feet of gross floor area.
H. Every unit which is to be placed in the Floodplain District must comply with all applicable provisions contained in Part
6 of this chapter.
[Ord. 8-1994, 12/12/1994, § 404]
1. The
lot upon which a conversion apartment is situated shall meet the minimum
area requirements established for the district in which it is located.
2. Conversions
shall be limited to two dwelling units per structure. In the R-2,
R-3 and C-1 Districts additional dwelling units may, however, be considered
as a special exception.
3. All
conversions shall be subject to the gross floor area requirements
set forth in § 403(D).
4. No
structural alterations shall be made to the exterior of the building,
except as may be necessary for safety purposes.
5. The
yard, off-street parking and other applicable requirements of this
chapter shall be met.
[Ord. 8-1994, 12/12/1994, § 405; as amended by
Ord. 6-2007, 10/8/2007]
Single family attached dwellings (i.e. townhouses or garden apartments) shall be permitted only where specified in the district regulations, Part
3. Every application for such a use shall also meet the requirements outlined below as well as the standards set forth in the applicable Subdivision and Land Development Ordinance. (Applications proposing to locate more than one single family attached dwelling structure on a single tract of land shall meet the requirements of §
408 of this chapter governing multifamily housing developments.)
A. Minimum
Area and Density Requirements.
(1) The minimum gross lot area required for each single-family attached
dwelling structure shall be as specified in the district regulations,
Part 3. No single-family attached dwelling structure situated in the
R-2 District shall contain more than four dwelling units. In the R-3
District, a single-family attached dwelling structure may contain
up to six dwelling units.
(2) Where individual dwelling units of a single-family attached dwelling
structure and the land on which the structure is located are proposed
to be subdivided and conveyed as separate lots, the following dimensional
requirements shall be met. (In such cases, the applicant shall submit
sufficient documentation along with the subdivision plans which demonstrate
that satisfactory arrangements have been made regarding the ownership
and maintenance of all common ground or open space not proposed for
development.)
(a)
R-2 Zone: 4,000 square feet per dwelling unit.
(b)
R-3 Zone: 4,000 square feet per dwelling unit.
(3) Where individual dwelling units of a single-family attached dwelling
structure are to be conveyed independently of any land area, the applicant
shall demonstrate that all other requirements of the Uniform Condominium
Act will be met.
(4) Where title to individual dwelling units of a single-family attached
dwelling structure is proposed to be conveyed, all dwelling units
contained in the structure shall be part of the proposal.
B. Minimum
Lot Width. The minimum width for each single family attached dwelling
unit shall be as specified in the district regulations, Part 3. The
minimum width required for each single family attached dwelling structure
shall vary depending upon the number of units proposed. In no case,
however, shall the lot width for a single family attached dwelling
structure be less than the minimum required for a single family detached
dwelling in the district where such structure is located.
C. Minimum
Yard Requirements. The minimum yard requirements for single family
attached dwelling structures shall be as specified in the district
regulations, Part 3.
D. Traffic
Access and Parking Facilities. Each single family attached dwelling
structure must access onto a public street. All new streets or access
drives shall be designed and constructed in accordance with the road
standards outlined in the applicable Subdivision and Land Development
Ordinance. The number of parking spaces available on the site shall
equal no less than two stabilized spaces per dwelling unit.
E. Sewage
and Water Facilities. Adequate sewage and water facilities must be
provided by the developer in accordance with the standards of the
Pennsylvania Department of Environmental Resources. The developer
shall provide sufficient documentation along with his development
plans to indicate that the necessary connections can be made to existing
municipal sewer and water facilities.
F. Solid
Waste Collection, Storage and Disposal. Arrangements for the collection,
storage and disposal of solid wastes generated by the proposed development
shall be made by the developer and submitted for approval as a part
of his plan submission process.
G. Drainage
Control Requirements. All plans for single family attached dwelling
structures shall include information indicating what types of drainage
control facilities will be installed to handle runoff produced by
the new structure and the grade of the site. The plans should also
indicate where the drainage is to be ultimately channeled. (See also
§ 505, Subsection 4, of this chapter.)
H. Grading
and Landscaping (Soil Erosion and Sedimentation Control). Where excavation
or grading is proposed or where existing trees, shrubs or other vegetative
cover is to be removed, plans shall be submitted showing what steps
are to be taken to avoid soil erosion. Exposed ground surfaces shall
be stabilized or otherwise protected with a vegetative cover. (See
also § 505, Subsection 5, of this chapter.) And where adjacent
land use dictates, screen plantings or buffer yards of 25 feet may
be required. (See also §§ 506 and 507 of this chapter.)
I. Common
Open Space Ownership and Maintenance. The developer shall submit a
plan of the arrangements to be made for ultimate ownership of and
maintenance responsibilities for any common open space/land area associated
with the building (including access drives and driveways) as a part
of his application for such a use.
[Ord. 8-1994, 12/12/1994, § 406]
Multifamily dwellings (i.e. apartments or condominiums, but excluding single family attached dwellings) shall be permitted only as specified in the district regulations, Part
3. Every such application shall also meet the requirements outlined below as well as the standards set forth in the applicable Subdivision and Land Development Ordinance. (Applications proposing to locate more than one multifamily dwelling structure on a single tract of ground shall meet the requirements of §
408 below governing multifamily housing developments.)
A. Minimum
Area and Density Requirements. The minimum lot area required for each
multifamily dwelling structure shall be as specified in the district
regulations, Part 3. No multifamily dwelling structure situated in
the R-2 or C-1 District shall contain more than four dwelling units.
In the R-3 District, a multifamily dwelling structure may contain
up to six dwelling units. Where proposed as part of a multifamily
housing development in an R-3 District however, such structures may
contain as many as 10 dwelling units.
B. Minimum
Lot Width. The minimum lot width for each multifamily dwelling structure
shall be as specified in the district regulations, Part 3.
C. Minimum
Yard Requirements. The minimum yard requirements for multifamily dwelling
structures shall be as specified in the district regulations, Part
3.
D. Other
Requirements. All design requirements set forth in § 406(D),
(E), (F), (G), (H) and (I) of this chapter shall also be met.
[Ord. 8-1994, 12/12/1994, § 407]
Multifamily housing developments (the placement of more than
one multifamily dwelling structure or more than one single family
attached dwelling structure on a single tract on ground) shall be
permitted only as specified in the district regulations, Part 3. Every
application for such a use shall also meet the requirements outlined
below as well as the standards set forth in the applicable Subdivision
and Land Development Ordinance.
A. Minimum
Area and Density Requirements. Each multifamily housing development
shall contain a minimum of one acre of land suitable for development.
The maximum number of dwelling units permitted per structure as set
forth in §§ 406(A) and 407(A) for single family attached
dwellings and multifamily dwellings, respectively, shall apply to
the type of development proposed. The overall density for multifamily
housing developments shall not exceed 16 dwelling units per acre.
B. Minimum
Lot Width. The minimum required lot width shall vary with each individual
application and shall be dependent upon the number of units proposed
in each structure and the proposed arrangement of buildings in the
development. For developments involving single family attached dwellings,
each dwelling unit shall maintain the minimum width required in the
district regulations, Part 3.
C. Minimum
Yard Requirements. The minimum yard requirements for multifamily housing
developments shall be as specified in the district regulations, Part
3.
D. Design
Standards.
(1) Traffic Access. All proposed site accessways must be adequate, but
not excessive in number; adequate in grade, width, alignment and visibility,
and not located to near street corners, entrances to schools or places
of public assembly and other similar considerations.
(2) Circulation and Parking. The interior traffic circulation system
must be adequate, and all required parking spaces must be provided
and be easily accessible. No less than two stabilized spaces per dwelling
unit shall be available on the site.
(3) Streets and Drainage System Requirements. All structures within a
multifamily housing development must access directly onto a public
street or onto a street in the internal road system of the development.
All new streets and drainage control systems shall be designed and
constructed in accordance with the road and drainage control standards
outlined in the applicable Subdivision and Land Development Ordinance.
(See also § 505, Subsection 4, of this chapter.)
(4) Sewage and Water Facilities. Adequate sewer and water facilities
must be provided by the developer in accordance with the standards
of the Pennsylvania Department of Environmental Resources. The developer
shall provide sufficient documentation along with his development
plans to indicate that the necessary connections can be made to existing
municipal sewer and water facilities.
(5) Solid Waste Collection, Storage and Disposal. Arrangements for the
collection, storage and disposal of solid wastes generated by the
proposed development shall be made by the developer and submitted
for approval as a part of his plan submission process.
(6) Grading and Ground Cover (Soil Erosion and Sedimentation Control).
Where excavation or grading is proposed or where existing trees, shrubs
or other vegetative cover is to be removed, plans shall be presented
showing what steps are to be taken to avoid soil erosion. Exposed
ground surfaces shall be stabilized or otherwise protected with a
vegetative cover. (See also § 505, Subsection 5, of this
chapter.)
(7) Landscaping. The proposed site shall be properly landscaped in order
to further enhance the natural qualities of the land. Where adjacent
land use dictates, screen plantings or buffer yards of 25 feet may
be required. (See also §§ 506 and 507.)
(8) Common Open Space Requirements. For proposals involving 25 or more
dwelling units, a minimum of 5% of the gross area of the development
shall be reserved by the developer as common open space for the use
of all residents of the complex. Such open space may include areas
of land and water, but shall exclude all roads, parking areas, structures
or service lanes. This area shall also be easily accessible to all
units. Applications for multifamily housing developments shall include
a proposal regarding the ultimate ownership and maintenance responsibilities
for any common open space areas.
E. Building
Relationships.
(1) Arrangement of Buildings. Adequate provision must be made for light,
air, access and privacy in the arrangement of the buildings to each
other. Each dwelling unit shall have a minimum of two exterior exposures.
(2) Maximum Length of Rows. The maximum length of any group of attached
structures shall not exceed 160 feet. Building groups must be arranged
in order to be accessible by emergency vehicles.
(3) Distance Between Buildings.
(a)
The front or rear of any building shall be no closer to the
front or rear of any other building than 40 feet.
(b)
The side of any building shall be no closer to the side, front
or rear of any other building than 30 feet.
(4) Distance Between Buildings and Driveways.
(a)
No driveway or parking lot shall be closer than 15 feet to the
front of any building, nor 10 feet to the side or rear of any building.
(b)
In the case of an enclosed garage or carport provided as a portion
of the main structure, distance requirements for driveways providing
access to these accommodations shall not apply.
[Ord. 8-1994, 12/12/1994, § 408]
Mobile home parks are permitted only in those zoning districts
as specified in the district regulations, Part 3. All proposed mobile
home parks must meet the requirements outlined below as well as the
standards set forth in the applicable Subdivision and Land Development
Ordinance.
A. Design
Standards.
(1) Minimum Park Area. Each mobile home park shall have a gross area
of at least two contiguous acres of land suitable for development.
(2) Mobile Home Park Lot Requirements.
(a)
Gross Density. The maximum number of mobile home lots within
a mobile home park shall be no more than five lots per acre of gross
area of the mobile home park.
(b)
Minimum Lot Sizes. The minimum mobile home lot shall contain
no less than 7,500 square feet. The minimum width of any mobile home
lot shall be not less than 60 feet. The minimum length of every mobile
home lot measured from the edge of the right-of-way line of the mobile
home park internal street shall be not less than 125 feet.
(c)
Mobile Home Lot Access. All mobile home lots shall abut on and
have frontage on a street of the mobile home park internal street
system. [See also Subsection A(7) below.] In addition, at the entrance
of the mobile home park, the cartway of the internal street shall
be 50 feet in width and for a distance of 100 feet measured from the
intersection of the internal street and the edge of the cartway of
the abutting roadway.
(3) Setbacks, Buffer Yards and Screening Requirements.
(a)
Setbacks from Public Roads. All mobile homes and auxiliary park
buildings shall be located at least 50 feet from the center line of
any abutting public road or street or 25 feet from the edge of the
road right-of-way, whichever is greater.
(b)
Park Perimeter Buffer Yards. All mobile homes, auxiliary park
buildings and other park structures shall be located at least 50 feet
from the mobile home park boundary lines. If a suitable, attractive
screening, either man-made or of natural plantings, is provided along
the perimeter, this minimum buffer yard may be reduced to 25 feet.
(See also §§ 506 and 507.)
(c)
Screening Requirements Within the Mobile Home Park. Repair,
maintenance and storage areas or buildings shall be effectively and
attractively screened from the mobile home lots, park streets and
public roads or streets by man-made screenings or natural plant materials.
(See also § 507.)
(d)
Minimum Distances Between Structures Within the Mobile Home
Park. All mobile homes shall be located at least 50 feet from any
auxiliary park buildings and repair, maintenance or storage areas
or buildings.
(e)
Minimum Distance Between Mobile Homes. Each mobile home shall
be located at least 24 feet from any other mobile home in the mobile
home park and no less than 12 feet from any side lot line nor less
than 20 feet from the rear lot line.
(4) Grading and Ground Cover Requirements (Soil Erosion and Sedimentation
Control Plans). The ground surface in the park shall be graded and
equipped to drain all surface water in a safe, efficient manner. Exposed
ground surfaces in the park shall be covered with stone screenings,
or other solid material, or be stabilized or otherwise protected with
a vegetative cover capable of preventing soil erosion. (See also § 505,
Subsection 4, of this chapter.)
(5) Common Open Space Requirements. A minimum of 5% of the gross park
area or 1,000 square feet per unit, whichever is greater, shall be
reserved by the developer as common open space for the use of all
residents of the park. At least a portion of this area shall be set
aside for recreation use. Such recreation area shall be suitable for
outdoor recreational activities and shall be easily accessible to
all units. Applications for mobile home parks shall include a proposal
regarding the ultimate ownership and maintenance responsibilities
for such common open space and recreation areas.
(6) Off-Street Parking Requirements. A minimum of two stabilized off-street
parking spaces shall be provided for each mobile home lot within the
mobile home park. These parking spaces shall be located on the mobile
home lot which they are intended to serve.
(7) Mobile Home Park Internal Street and Drainage System Requirements.
Streets and drainage control systems shall be constructed in accordance
with the street standards outlined in the applicable Subdivision and
Land Development Ordinance except that street widths shall be as follows
(see also § 505, Subsection 4, of this chapter):
(a)
Where parking is permitted on both sides, a minimum road cartway
width of 36 feet shall be required.
(b)
Where parking is limited to one side, a minimum road cartway
width of 28 feet shall be required.
(c)
Where no parking is permitted on either side of the street,
a minimum road cartway width of 20 feet shall be required.
(8) Mobile Home Lot Improvements. All mobile home lots within the mobile
home park shall be improved for use by independent mobile homes. This
shall include the provision of a durable pad or stand (not less than
12 by 60 feet in size), properly graded, placed, compacted and surfaced
to provide support for maximum anticipated loads during all seasons;
all necessary utility hook-ups; a concrete patio with a minimum area
of 200 square feet for each mobile home; and a storage shed containing
a minimum of 64 square feet of storage space which is located no closer
than three feet to a side or rear lot line. All such improvements
shall be maintained in satisfactory condition by the park owner or
developer.
B. Utilities
and Park Facilities.
(1) Water Supply System. An adequate supply of water shall be provided
by the developer for mobile homes, service buildings and other accessory
facilities. Where a public water supply system of satisfactory quantity,
quality and pressure is available, connection shall be made to it
and its supply shall be used exclusively. Where a satisfactory public
water supply system is not available, the developer shall design,
install and maintain a private water supply system according to the
standards of and with the approval of the Pennsylvania Department
of Environmental Resources.
(2) Sewage Disposal System. An adequate and safe sewage system shall
be provided by the developer in all mobile home parks for conveying
and disposing of sewage from mobile homes, service buildings and other
accessory facilities. Mobile home parks shall be connected to public
sewer systems, where possible. Where a satisfactory public sewage
disposal system is not available, the developer shall design, install
and maintain an approved private sewage system according to the standards
of the Pennsylvania Department of Environmental Resources.
(3) Other Utility Systems. Telephone, electric, television cable, natural
or bottled gas, fuel oil or other utilities shall be provided by the
developer in accordance with plans approved by the Borough and the
appropriate utility company. Underground installation of the utility
distribution and service lines is required for approval of the mobile
home park proposal.
(4) Service and Other Auxiliary Park Buildings. Service, maintenance
and management buildings, recreation or community buildings and commercial
sales buildings required for the management, servicing and maintenance
of the park and for the well-being of park residents shall be allowed
within the mobile home park boundaries. The entire area of these buildings
however, shall be used for the management, servicing and maintenance
requirements of the park and park residents.
(5) Solid Waste Collection, Storage and Disposal. Arrangements for the
collection, storage and disposal of solid wastes generated by the
proposed mobile home park shall be made by the developer and submitted
for approval as a part of the plan submission process.
(6) Park Management. Each mobile home park shall have a resident manager
who shall be responsible for maintaining the park in accordance with
the requirements of this chapter and the terms and conditions of the
park's approval.
C. Rules
and Regulations of the Park. The developer shall submit a copy of
the proposed rules and regulations to be followed by tenants of the
mobile home park as a part of his application for such a use. Included
shall be regulations requiring that:
(1) Each mobile home shall be skirted. (Skirting shall include materials
which have been prefabricated for this specific purpose or similar
materials, but shall not include bales of hay, straw, interior plywood
or like materials.)
(2) Garbage and trash shall be placed in appropriate receptacles.
(3) Each mobile home shall be anchored to prevent the structure from
being overturned or blown from its foundation or supports. This anchoring
shall comply with the specifications outlined in § 404(D).
D. Certificate
of Occupancy. Each and every mobile home placed in an approved mobile
home park shall secure a certificate of occupancy as required by this
chapter, prior to its use as living quarters.
[Ord. 8-1994, 12/12/1994, § 409]
Group homes may be permitted only in those zoning districts
as specified in the district regulations, Part 3. All applications
for such activities shall meet the requirements outlined below:
A. Residents
of a group home shall maintain a single household unit with shared
use of rooms, and shall share mealtimes and housekeeping responsibilities.
There shall be no more than two residents per bedroom in such facilities.
B. Accommodations
shall be provided for no more than six residents, excluding the supervisor,
at one time unless the applicant can demonstrate to the satisfaction
of the Borough that the facility is of such size that it can adequately
accommodate additional occupants.
C. Adult
supervision shall be provided at the home on a twenty-four-hour basis.
D. Sewage
and water facilities shall be sufficient to handle the anticipate,
loading created by the proposed facility and shall be approved by
the Pennsylvania Department of Environmental Resources, where applicable.
All additional standards or regulations of the Pennsylvania Department
of Labor and Industry shall also be met. Satisfactory evidence that
all necessary permits or approvals have been obtained shall be submitted
as part of any application for a group home.
E. Arrangements
for the collection, storage and disposal of solid wastes generated
by the facility shall be made by the applicant and submitted to the
Borough as a part of the application for such use.
F. Residents
of the facility shall remain in residence for a period of at least
three months, and a change of residents shall not routinely occur
except in the case of death, extended illness or disability, or similar
circumstances.
G. Residents
shall not receive regular medical treatment or psychological counseling
on the premises nor shall the services provided be of such nature
as would render the home an institutional facility.
H. The off-street parking requirements set forth in §
801 shall be met.
I. Where
adjacent land use dictates, adequate screening or buffer yards shall
be provided. (See §§ 506 and 507.)
[Ord. 8-1994, 12/12/1994, § 410; as amended by
Ord. 6-2007, 10/8/2007]
Day-care centers, group day-care homes, nursery schools, kindergartens
or similar operations which are licensed to provide care for more
than 12 children outside of a family residence or those providing
limited daytime care for adult, elderly or handicapped persons may
be permitted only as set forth in the district regulations, Part 3.
All such uses shall meet the requirements outlined below.
A. Outdoor
recreation areas of at least 100 square feet per child and 50 square
feet per adult being tended shall be provided. Such areas shall be
completely enclosed with no less than a four foot fence located at
least 25 feet from the edge of any adjoining street right-of-way.
A dwelling or accessory building may be used as part of the required
enclosure.
B. Outdoor
recreation areas shall be sufficiently screened and sound insulated
to protect the neighborhood from noise and other disturbances.
C. Sewage
and water facilities shall be sufficient to handle the anticipated
loading created by the facility and shall be approved by the Pennsylvania
Department of Environmental Resources.
D. All
other applicable codes, ordinances or laws (including regulations
of the Pennsylvania Department of Public Welfare, Pennsylvania Department
of Labor and Industry, and Pennsylvania Department of Education) shall
be met. Satisfactory evidence that all necessary permits or approvals
have been obtained shall be submitted as part of any application for
a day care center, group day-care home or other similar facility.
[Ord. 8-1994, 12/12/1994, § 411]
Nursing or personal care homes are permitted only in those zoning
districts as specified in the district regulations, Part 3. Every
application for a nursing or personal care home shall meet the requirements
outlined below.
A. Satisfactory
evidence shall be provided by the applicant indicating that the proposed
facility will conform to all applicable state and local regulations
(including regulations of the Pennsylvania Department of Health and
the Pennsylvania Department of Labor and Industry).
B. Sewage
and water facilities shall be sufficient to handle the anticipated
loading created by the facility and shall be approved by the Pennsylvania
Department of Environmental Resources.
C. Access to the facility shall be provided which meets the requirements set forth in §
803 of this chapter for multifamily residential uses. Adequate off-street parking facilities, meeting the standards of §
801, shall also be provided. In addition, pedestrian accessways which are distinguished and separated from vehicular drives and parking areas shall be designated.
D. Arrangements
for the collection, storage and disposal of all solid waste generated
by the nursing or personal care home shall be made by the applicant
and submitted to the Borough as part of the plan submission process.
[Ord. 8-1994, 12/12/1994, § 412]
Retail establishments shall include those facilities and personal
service uses permitted in the district regulations, Part 3. In addition,
every proposed retail establishment must meet the requirements outlined
below as well as the standards set forth in the applicable Subdivision
and Land Development Ordinance.
A. Applications
for retail establishments shall include the following information:
(1) A sketch plan showing the tract of ground on which the use is proposed
and the location of all buildings or structures existing or to be
situated on the site.
(2) An indication that the use will not have a detrimental effect on
the character of the area or neighborhood where it is proposed to
be located.
(3) An indication that adequate sewage disposal and water supply facilities
will be provided.
(4) An indication that access to the proposed establishment will be adequate and as required by this chapter (§
803) and that the number of off-street parking spaces required by this chapter (§
801) will be provided.
(5) An indication that a buffer yard of at least 10 feet or screen planting
as required by this chapter will be provided around the perimeter
of the site, where possible (see §§ 506 and 507).
(6) An indication that arrangements have been made for the collection,
storage and disposal of solid wastes generated by the commercial use.
(7) An indication that all signs used to advertise such facilities will meet the requirements of Part
7 of this chapter.
(8) An indication of the establishment's proposed hours of operation.
B. No
perpetual outside displays or retail sales shall be permitted for
approved commercial uses, except where such display is a necessary
part of the use, and no merchandise shall be placed on a sidewalk
except as part of a periodic sidewalk sale.
C. Outside,
unenclosed storage associated with an approved commercial use shall
meet the requirements set forth in § 508 of this chapter.
[Ord. 8-1994, 12/12/1994, § 413]
Bed-and-breakfast establishments or other similar residential
lodging facilities shall be permitted only in those zoning districts
as specified in the district regulations, Part 3. In addition, the
following standards shall be met.
A. The
operator of the facility shall reside in the establishment or a full-time
manager shall be provided.
B. Overnight
lodging accommodations shall not exceed 14 continuous nights per patron.
C. Lodging
accommodations may or may not include arrangements for breakfast or
other meals.
D. Dining
facilities and services associated with a bed-and-breakfast establishment
shall be available only to lodgers. Public dining facilities may be
considered in conjunction with an application for other types of residential
lodging facilities.
E. Exterior
alterations to existing structures shall be limited to those customarily
associated with residential uses.
F. Satisfactory
evidence shall be provided by the applicant indicating that the proposed
facility will conform to all applicable state and local regulations
(including regulations of the Pennsylvania Department of Health and
Pennsylvania Department of Labor and Industry, as applicable).
G. Sewage
and water facilities shall be sufficient to handle the anticipated
loading created by the facility and shall be approved by the Pennsylvania
Department of Environmental Resources.
H. Arrangements
for the collection, storage and disposal of all solid waste generated
by the facility shall be made by the applicant and submitted to the
Borough as part of the plan submission process.
I. Adequate off-street parking and loading facilities shall be provided in accordance with §§
801 and
802 of this chapter.
J. Signs advertising the facility shall meet the requirements of Part
7 of this chapter.
[Ord. 8-1994, 12/12/1994, § 414]
Automotive or motorized vehicle service stations and/or repair
shops are permitted only in those zoning districts as specified in
the district regulations, Part 3. All applications for such uses shall
meet the standards outlined below:
A. No
gasoline service station or vehicle repair shop shall have an entrance
or exit for vehicles within 300 feet of any school, playground, church
or public place of assembly, nor within 30 feet of any intersection.
B. Gasoline
pumps or other fuel dispensing devices shall be no closer than 30
feet to any street right-of-way line.
C. All
fuel, oil, propane gas or other similar substance shall be stored
at least 30 feet from any street right-of-way or property line. (Additional
permits may be necessary to meet state and federal requirements regarding
the location of storage tanks for such purposes.)
D. All
associated repair work (excluding preventive maintenance and minor
adjustments) shall be carried out within a structure. All repair materials,
including new, used, discarded or unusable parts of any vehicle, shall
be stored within a building.
E. Body
work or painting of vehicles may be permitted only where the operation
is to be conducted within an enclosed structure and where such structure
meets the Pennsylvania Department of Labor and Industry regulations
and is designed to contain all noise, vibrations, dust and odor generated
by the activity.
F. Automatic
car wash facilities may be permitted in conjunction with such uses
provided that the applicant can show that his sewage treatment facilities
can accommodate the additional loading.
G. No
more than three vehicles may be offered for sale at any one time at
an automotive service station or repair shop.
H. Where
determined appropriate, proper screen plantings or buffer yards of
25 feet shall be provided. (See also §§ 506 and 507
of this chapter.)
[Ord. 8-1994, 12/12/1994, § 415]
For the purposes of this chapter, public entertainment facilities shall include, but not be limited to, bowling alleys, roller skating rinks, motion picture theaters, health clubs and similar types of establishments, but shall exclude adult entertainment facilities. Such uses shall be permitted only as provided in Part
3, the district regulations, and shall be subject to the following standards, in addition to all other applicable state or local requirements:
A. All
such uses shall be conducted entirely within an enclosed structure.
B. Off-street parking spaces shall be provided in accordance with §
801, of this chapter.
C. Illuminated signs or other outdoor lighting shall be installed and shielded to avoid causing glare on adjacent properties or creating a hazard for passing motorists. (See also Part
7 of this chapter.)
D. Adequate
measures shall be taken to prevent noise or other nuisance influences
from disturbing nearby residential properties.
[Ord. 8-1994, 12/12/1994, § 416]
Adult entertainment establishments or facilities may only be
permitted as specified in Part 3, the district regulations, and shall
be subject to the following standards, in addition to all other applicable
state or local requirements:
A. Adult
entertainment establishments shall not be located within:
(1) One hundred fifty feet of the boundary of any residential district
or other residential property line.
(2) Two hundred fifty feet of the property line of any church, school,
theater, park, playground or other areas where minors congregate.
(3) One hundred fifty feet of the property line of any establishment
licensed by the Pennsylvania Liquor Control Board to dispense alcoholic
beverages (other than the proposed adult entertainment facility).
(4) One hundred fifty feet of the property line of any restaurant, eating
establishment or grocery store.
(5) Two hundred fifty feet of the property line of any other adult entertainment
establishment.
B. Advertisements,
displays or other promotional materials for adult entertainment establishments
shall not be shown or exhibited so as to be visible to the public
from any street, sidewalk or other public place.
C. All
building openings, entries, exits or windows for adult entertainment
establishments shall be located, covered or screened in such a manner
so as to prevent a view into the interior from any street, sidewalk
or other public place. In the case of any adult drive-in or motion
picture theater, viewing screens shall be situated so as to prevent
observation from any street, sidewalk or other public area.
[Ord. 8-1994, 12/12/1994, § 417]
Industrial uses shall include those manufacturing operations
and processing activities provided for in the district regulations,
Part 3. Applications for such activities shall meet the requirements
outlined below as well as the standards set forth in the applicable
Subdivision and Land Development Ordinance. Additional documentation
may also be required where it is deemed necessary by the Borough to
protect the health, safety and welfare of its residents.
A. Industrial
operations shall abut on and/or provide direct access to a street
or highway which is capable of accommodating the anticipated levels
and types of industrial and employee traffic.
B. Every
industrial or manufacturing operation must be contained within a building,
except as may be provided in Part 3, the district regulations.
C. All
outside, unenclosed storage associated with an industrial or manufacturing
use shall meet the requirements set forth in § 508 of this
chapter.
D. Adequate
sewer and water facilities shall be provided by the developer in accordance
with the standards of the Pennsylvania Department of Environmental
Resources. The developer shall provide sufficient documentation along
with his development plans to indicate that the necessary connections
can be made to existing municipal sewer and water facilities.
E. Arrangements
for the collection, storage and disposal of solid wastes generated
by the proposed industrial operation shall be made by the developer
and submitted for approval as a part of the plan submission process.
F. Off-street parking spaces shall be provided in accordance with §
801 of this chapter and off-street loading areas shall meet the requirements of §
802.
G. Where,
in the opinion of the approving authority it would be appropriate,
buffer yards of 25 feet and/or screen planting shall be provided along
the entire perimeter of the site in accordance with the standards
set forth in §§ 506 and 507 of this chapter.
H. The
proposed hours, rules and security arrangements for the facility shall
be included as part of the plan submission process. Consideration
shall be given not only to the convenience of the users, but the convenience,
safety and welfare of the neighborhood in which the facility is to
be located.
I. Outdoor
security lighting shall be also be provided for the facility. Such
lighting shall, however, be installed and shielded to eliminate direct
glare on adjacent properties or upon public streets.
J. Compliance
with the following minimum performance standards, in addition to all
applicable local, state or federal codes or regulations (including
DER's air, water and noise pollution control standards) shall be required.
(1) Sound. The volume of sound inherently and recurrently generated shall
be controlled so as not to cause a nuisance to adjacent uses.
(2) Vibration. No vibrations shall be discernible beyond the property
lines of the industry.
(3) Odor. No emission of odorous gas or other odorous matter shall be
permitted in such quantity as would be readily detectable along or
beyond the lot lines of the industrial operation without the use of
instruments.
(4) Toxic or Noxious Matter. No discharge beyond lot lines of any toxic
or noxious matter in such quantity as would be detrimental or dangerous
to public health, safety, comfort or welfare, or could cause injury
or damage to property or businesses shall be permitted.
(5) Glare. No direct or reflected glare shall be detectable at any point
along or beyond the property lines of the industry.
(6) Heat. No direct or reflected heat shall be detectable at any point
along or beyond the property lines of the industry.
(7) Dust and Fly Ash. No solid or liquid particles shall be emitted in
such quantities as would be readily detectable at any point along
or beyond the property lines of the industry or as would produce a
public nuisance or hazard.
(8) Smoke. No smoke shall be emitted in such quantity as would be become
a nuisance.
(9) Fire and Explosion Hazards. In all activities involving, and in all
storage of flammable and explosive materials, the owner or operator
of such use shall provide adequate safety devices against the hazard
of fire and explosion, and adequate fire fighting and fire suppression
equipment and devices standard in the industry. Burning of waste materials
in open fires shall be prohibited.
(10) Radioactivity or Electrical Disturbances. No activities shall be
permitted which emit dangerous radioactivity or electrical disturbance
adversely affecting the operation of any equipment other than that
of the creator of such disturbance.
Where specific recreational facilities are not specified or
regulated elsewhere herein, the following standards shall apply:
A. The
minimum area required for such activities shall be as specified in
the district regulations, Part 3.
B. A
plan showing the proposed facilities and/or design of the recreational
facility shall be provided by the applicant with the building/zoning
permit application.
C. A
statement shall be submitted by the applicant indicating the reasons
why the proposed facility is appropriate for the district in which
it is to be located.
D. Off-street parking facilities shall be provided in accordance with the requirements of §
801 of this chapter.
E. Sewage
disposal facilities shall be provided by the applicant in accordance
with the standards of the Pennsylvania Department of Environmental
Resources.
F. Arrangements
for the collection, storage and disposal of solid wastes generated
by the facility shall be made by the applicant and submitted to the
Borough as a part of the plan submission process.
G. Outdoor
security lighting shall be provided for the facility. Such lighting
shall be installed and shielded, however, to eliminate direct glare
on adjacent properties or upon public streets.
H. All
buildings, structures or active recreation facilities shall be located
no less than 25 feet from any adjacent residential district and shall
be appropriately fenced or screened in accordance with the standards
set forth in § 507.
I. The
proposed hours, rules and security arrangements for the facility shall
be included with the permit application. Consideration shall be given
not only to the convenience of the users, but the convenience, safety
and welfare of the neighborhood in which the facility is to be located.
[Ord. 8-1994, 12/12/1994, § 419]
Campgrounds or recreational vehicle parks may be permitted only
in those zoning districts as specified in the district regulations,
Part 3. Every proposed campground or recreational vehicle park must
meet the requirements outlined below as well as the standards set
forth in the applicable Subdivision and Land Development Ordinance.
A. Design
Standards.
(1) Minimum Campground Area. The minimum area required for a campground
shall be as specified in the district regulations, Part 3.
(2) Camping Space Requirements.
(a)
Gross Density. The maximum number of camping spaces within each
campground shall be no more than 10 per acre of gross area of the
campground.
(b)
Minimum Camping Space Size. Each camping space shall contain
a minimum of 2,400 square feet. The minimum width shall be not less
than 40 feet and the minimum depth not less than 60 feet.
(c)
Camping Space Access. All camping spaces shall abut and have
frontage on a street of the campground internal street system.
(d)
Camping Units. No more than one camping unit (recreational vehicle,
tent or other similar unit) shall be located on each camping space.
(3) Setbacks, Buffer Yards and Screening Requirements.
(a)
Park Perimeter Buffer Yard. All camping spaces and auxiliary
park structures shall be located at least 40 feet from the campground
boundary lines, including public road rights-of-way. If a suitable,
attractive screening of natural plantings is provided along the perimeter,
this minimum buffer may be reduced to 25 feet.
(b)
Minimum Distance Between Structures and Camping Spaces. All
camping spaces shall be located at least 30 feet from any auxiliary
building.
(c)
Minimum Distance Between Camping Units. Individual camping units
shall be separated by a minimum of 15 feet.
(4) Grading and Ground Cover Requirements (Soil Erosion and Sedimentation
Control Plans). Where any excavating or grading is proposed or where
any existing trees, shrubs or other vegetative cover will be removed,
plans shall be presented showing what steps will be taken to avoid
soil erosion. Exposed ground surfaces shall be stabilized or otherwise
protected with a vegetative cover. (See also § 505, Subsection
5, of this chapter.)
(5) Off-Street Parking Requirements. A minimum of one stabilized off-street
parking space shall be provided on each camping space and one additional
parking space for every five camping spaces shall be provided within
the campground.
(6) Campground Internal Street System Requirements. The internal street
and drainage system shall consist of private streets designed and
constructed according to the right-of-way and construction standards
outlined in the Subdivision and Land Development Ordinance in effect
in the Borough. In addition, at the entrance of the campground, the
cartway of the internal street shall be 50 feet in width for a distance
of 100 feet measured from the intersection of the internal street
and the edge of the cartway of the abutting roadway to accommodate
the safe movement of vehicles or units into and out of the facility.
B. Utilities
and Park Facilities.
(1) Water Supply and Sewage Disposal Systems. The standards of the Pennsylvania
Department of Environmental Resources for the provision of water supply
and sewage disposal shall be met. Documents and approvals indicating
that these standards have be met along with notations on the campground
plan showing the location of water sources and restrooms shall be
presented by the developer as a part of the plan submission process.
Separate restroom facilities shall be provided for men and women.
(2) Other Utility Systems. Where electric or other utilities are to be
provided, plans shall be provided by the developer and approved by
the Borough and the utility company.
(3) Solid Waste Collection, Storage and Disposal. Arrangement for the
collection, storage and disposal of solid wastes generated by the
campground shall be made by the developer and submitted for approval
as a part of the plan submission process.
(4) Service and Other Campground Buildings. Service, maintenance and
management buildings and commercial sales buildings required for the
management, servicing and maintenance of the campground may be allowed
provided that such buildings are used exclusively for said purposes.
No such structures may, however, be located within a floodplain district
unless it is adequately floodproofed. (See Part 6.)
(5) Campground Management. During times of operation, each campground
shall have a resident manager who shall be responsible for maintaining
the facility in accordance with the requirements of this chapter and
the terms and conditions of the campground's approval.
[Ord. 8-1994, 12/12/1994, § 420]
1. Private
gardens are permitted in all zoning districts.
2. Boarding
or raising of livestock (including cattle, horses, pigs, etc.) and
poultry shall be prohibited in the Borough. Household animals or pets
shall be exempt from these regulations.
3. Nothing
contained in this chapter shall prohibit an individual from carrying
out normal gardening activities, including the use of fertilizers.
[Ord. 8-1994, 12/12/1994, § 421]
For the purposes of this chapter, essential utility distribution
services shall include the placement, construction, alteration, use
and maintenance by Borough or governmental agencies, public utilities
or public service corporations of such facilities as are necessary
for the furnishing of adequate service by such agencies, utilities
or corporations for public health, safety or general welfare, including
underground or overhead electrical, telephone, television, gas, water
or sewage disposal systems, including poles, wires, lines, mains,
drains, sewers, conduits, cables, fire alarm or police call boxes,
traffic signals, hydrants, gas regulator and measuring devices, including
the structures in which they are housed, and other similar equipment.
Such facilities shall meet the following additional standards:
A. Public
utility structures, including substations, water pumping stations
and/or sewage treatment facilities shall be designed and constructed
to be compatible with the general character (appearance and structural
material) of the other structures within the district in which they
are located.
B. Structures
may be permitted for the housing of transformers, pumps and similar
equipment subject to the standards set forth in the district regulations.
Such structures shall house only those vehicles or equipment necessary
to provide normal maintenance and repair for the systems, except in
the C-2 and I Districts, where office space may also be provided.
C. Outside,
unenclosed storage areas associated with utility services may only
be permitted as set forth in the district regulations. Where permitted,
such storage areas shall be enclosed with a fence and shall be shielded
from view by adequate screen planting. In addition, where adjacent
land use dictates, buffer yards of 25 feet may also be required to
provide sufficient separation of uses.
[Ord. 8-1994, 12/12/1994, § 422]
1. Private
Swimming Pools. Private swimming or bathing pools (pools used by the
owner and his guests) may be permitted as accessory uses in all zoning
districts, with the exception of the industrial district, but must
comply with the following requirements:
A. Every outdoor private swimming pool of permanent construction, whether
above or below ground, shall be completely surrounded by a fence or
wall not less than four feet in height to prevent uncontrolled access.
(No additional fence or wall is required where a minimum of four feet
of the walls around the entire perimeter of the pool are located above
the ground; provided however, that steps, ladders and other means
of access to the pool are removed or secured to a minimum of four
feet above ground level when the pool is not in use.) All gates or
doors in the fence or wall shall have self-latching or locking devices.
B. A dwelling or accessory structure may be used as part of the required
enclosure.
C. The pool shall not be located within any front or side yard nor be
closer to any rear property line than 15 feet.
2. Public or Semipublic Swimming Pools. Public or semipublic swimming or bathing pools shall be defined as those facilities available for use by the public or specified groups or organizations, including pools owned and operated by municipal governments, private organizations, or pools provided in conjunction with motels, transient lodging facilities or mobile home parks. Such pools shall be subject to all requirements established by the Pennsylvania Department of Environmental Resources. And, for the purposes of this chapter, such uses shall be considered to be recreational facilities and shall be governed by the provisions of §
419.
[Ord. 8-1994, 12/12/1994, § 423; as amended by
Ord. 6-2007, 10/8/2007]
Where not prohibited by deed restrictions or other covenants
or agreements restricting the use of land, no-impact home-based businesses
and other home occupations may be permitted, subject to the following
requirements:
A. No-Impact
Home-Based Businesses. No-impact home-based businesses may be permitted
in the R-1 Low Density Residential, R-2 Moderate Density Residential,
and R-3 High Density Residential Zoning Districts, subject to the
following standards:
(1) The business activity shall be compatible with the residential use
of the property and surrounding residential uses.
(2) The business activity shall be conducted entirely within the owner's
dwelling and may occupy no more than 25% of the floor area of the
residence, not to exceed a total of 400 square feet.
(3) The business shall employ no employees other than family members
residing in the dwelling.
(4) There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
(5) There shall be no outside appearance of a business use, including
but not limited to parking, signs, or lights.
(6) The business activity shall not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
(7) The business activity shall not generate any solid waste or sewage
discharge in volume or type which is not normally associated with
residential use in the neighborhood.
(8) The business shall not involve any customer, client, or patient traffic,
whether vehicular or pedestrian, or pickup, delivery, or removal functions
to or from the premises in excess of that normally associated with
a residential use.
(9) The business shall not involve any illegal activity.
B. Home
Occupations. Home occupations providing or offering a service for
a specific client(s) or individual(s) and meeting the following standards
may be located within those zoning districts as specified in the district
regulations, Part 3:
(1) The home occupation shall be clearly secondary to the use of the
principal residential nature or use of the dwelling where it is to
be located.
(2) The area devoted to the home occupation may be located wholly within
the operator's dwelling or a single building accessory thereto. In
the R-1, R-2, R-3 and O Districts, a home occupation may occupy no
more than 25% of the gross floor area of the dwelling, except for
family day-care homes. In the C-1 District, a maximum of 35% of the
gross floor area of the dwelling may be used for the occupation; and
in the C-2 District, up to 45% of the dwelling's gross floor area
may be occupied by the home occupation.
(3) In the R-1, R-2, R-3, and O Districts, the persons engaged in the
home occupation shall be limited to the members of the family of the
operator residing on the premises and not more than one nonresident
employee. In the C-1 and C-2 Districts, a home occupation may utilize
as many nonresident employees as appropriate or necessary.
(4) The home occupation shall in no way alter the residential character
of the neighborhood where it is to be located, nor shall it in any
way adversely affect the safe and comfortable enjoyment of individual
properties in that neighborhood.
(5) There shall be no exterior display or sign advertising the home occupation, except as may be permitted in Part
7 of this chapter, and no outside, unenclosed storage of materials associated with the occupation on the site.
(6) No offensive or objectionable noise, vibration, smoke, dust, odor,
heat or glare shall be produced or detected at or beyond the property
line of the lot containing the home occupation.
(7) The home occupation shall not create any adverse impact on existing
vehicular traffic or pedestrian circulation patterns in the neighborhood.
(8) A minimum of two additional off-street parking spaces shall be provided for all home occupations located in the R-1, R-2, R-3, C-1, and O Districts. In the C-2 District, off-street parking spaces shall be provided as set forth in §
801, Table 1, of this chapter for specific uses.
(9) Home occupations shall include the following activities which do
not meet the criteria for a no-impact, home-based business as set
forth in Subsection A above:
(a)
R-1, R-3, and O Districts.
[1]
Home offices for service-oriented professionals requiring only
limited access or office visits, including real estate or insurance
offices, engineers, architects, accountants, seamstresses, fine artists,
tutors and musicians giving lessons.
(b)
R-2 District.
[1]
All those activities permitted in the R-1, R-3, and O Districts;
and
[2]
Home offices for service-oriented professionals, including woodworkers
and craftspeople;
[3]
Barbershops and/or beauty shops;
[4]
Custom baking and catering operations;
[5]
Custom dressmaking facilities;
[6]
Small appliance repair facilities;
[8]
Fine arts or musician studios; and
(c)
C-1 District.
[1]
All those activities permitted in the R-2 District; and
[2]
Arts and crafts shops; and
[3]
Small equipment repair facilities.
(d)
C-2 District.
[1]
All those activities permitted in the C-1 District; and
[2]
Artist or musician shops;
[3]
Custom furniture or carpentry shops; and
(10) Requests for other home occupations not specified above may be submitted
to the Borough Council for consideration as a conditional use. Upon
a finding of the Council that such use complies with the criteria
of this section and other applicable codes and ordinances in effect
in the Borough, and that the proposed use would not be detrimental
to the health, safety and welfare of the residents of the neighborhood
where it is to be located, such use may be approved.
[Ord. 8-1994, 12/12/1994, § 424]
Accessory residential uses, including an apartment(s) or dwelling
unit(s) above or adjoining a commercial use, may be permitted in either
of the commercial districts. Every such proposed use shall also meet
the requirements outlined below.
A. All
such uses must remain secondary to the principal commercial use of
the structure.
B. The minimum gross floor area requirements set forth in §
403 of this chapter shall be met.
C. The off-street parking requirements set forth in §
801 of this chapter shall be met for the residential uses.
D. Sewage
and water facilities shall be sufficient to handle the anticipated
loading created by the additional dwelling unit(s) and shall meet
the requirements of the Pennsylvania Department of Environmental Resources.
[Ord. 8-1994, 12/12/1994, § 425]
1. Circuses,
Carnivals or Open-Air Cultural, Religious or Sporting Events. A temporary
building/zoning permit may be issued by the Zoning Officer for a temporary
use such as a carnival, circus or open-air cultural, religious or
sporting event in the Open Space District. Such temporary permit shall
be valid for no more than 14 days and shall be issued only after the
applicant has met the following requirements:
A. If the temporary use is to take place on land not owned by the applicant,
the applicant shall present a written statement from the owner of
the property in which he agrees to the temporary use of his property.
B. The applicant shall provide sufficient insurance coverage to adequately
protect the Borough against any damage, accident or other claim resulting
from the event. Evidence of such insurance shall be submitted as a
part of the permit application.
C. The site of such temporary use shall not be left unattended by the
applicant or agents of the applicant at any time during which the
use is located on the site.
D. Information concerning water supply and sewage disposal facilities
to be used shall be presented by the applicant with assurance from
the Pennsylvania Department of Environmental Resources that these
arrangements are adequate.
E. Any solid waste generated by the temporary use shall be collected
and disposed of in an acceptable fashion by the applicant.
F. The applicant shall assure the Borough that all vendors intending
to dispense food or beverages to the public will be properly licensed
or approved by the Pennsylvania Department of Health to do so.
G. Assurance shall be given by the applicant to guarantee that there
is adequate space to satisfy the parking demands that will be generated
by the use and that adequate traffic control precautions will be taken.
H. All wagons, tents, temporary structures, animals and any other materials
brought to the site, as well as all debris or refuse generated by
the event, shall be removed by the applicant within the time limit
stated on the temporary permit and prior to vacating the site.
I. Noise levels associated with the activity shall be controlled to
avoid creating a nuisance or disturbance in the vicinity of the use.
The Zoning Officer shall note on the temporary permit or attach
to the permit application, information that demonstrates that the
applicant has agreed to or complies with the requirements of this
section. The Zoning Officer shall inspect the site as necessary to
ensure that the provisions of the permit are adhered to.
|
2. Mobile
Homes. Mobile homes providing temporary quarters for commercial or
construction uses, may be authorized by the Zoning Officer, but only
for limited periods of time. When so authorized, such units shall
be subject to the following standards:
A. A temporary building/zoning permit shall be required, and when issued,
shall indicate the specific period of time for which the authorization
is granted. No temporary permit for such uses shall be issued for
a period of time exceeding six months.
B. The Zoning Officer may grant an extension to or renew the temporary
permit for not more than two additional ninety-day periods, if in
his opinion the applicant encountered unforeseen circumstances in
carrying out the operation for which the original temporary permit
was issued; or if the refusal of an extension would cause an undue
hardship to the applicant.
C. Information concerning water supply and sewage disposal facilities
to be used shall be presented by the applicant as part of his building/zoning
permit application, along with assurance from the Pennsylvania Department
of Environmental Resources that these arrangements are adequate.
D. Mobile homes shall not be placed in a designated floodway area.
E. All such mobile homes shall be removed from the site by the applicant
upon expiration of the permit at no cost to the Borough.
3. Garage,
Porch or Yard Sales. Owners or occupants of homes in residential areas
may sell household personal property belonging to themselves at garage,
porch or yard sales or similar occasional sales held at their residences
subject to the following regulations:
A. A temporary building/zoning permit shall be required for such sales
and may be issued by the Zoning Officer. There will be no charge for
this permit.
B. All such sales shall be limited to two per year per residence.
C. Each sale shall not exceed four consecutive days or two successive
weekends, unless authorized by the Zoning Hearing Board.
D. Individuals conducting such events shall comply with all sign regulations contained in Part
7 of this chapter.
[Ord. 8-1994, 12/12/1994, § 426]
A temporary building/zoning permit may be issued for a temporary use such as a carnival, circus, or open-air cultural, religious or sporting event in the Floodplain District. An applicant for such a temporary permit shall be subject to the standards of §
426, Subsection
1, above. In addition, if there is a threat of flooding or a flood warning is issued by the County Flood Warning System or National Weather Service, all wagons, tents, temporary structures, animals and other materials shall be removed completely from the 100-year floodplain. This shall be done promptly before the threat of flood becomes a reality.
[Ord. 8-1994, 12/12/1994, § 427]
Docks or other water related uses may be permitted in or along
Muncy Creek in Hughesville Borough, as provided in the district regulations,
but shall be subject to all applicable rules and regulations of the
Federal Emergency Management Agency and the Pennsylvania State Fish
and Boat Commission. In addition such uses must adhere to the following
standards:
A. Docks
and all other water related uses shall be installed so that they create
no rise in the 100-year flood level. When there is a threat of a flood,
docks shall be removed from the floodplain.
B. Docks
must be removed from the floodplain by their owner during the off-season.
C. Docks
shall extend no more than 10 feet into the Creek and shall be located
no closer than 150 feet to any other dock.
D. No
variance shall be granted to any of the requirements of this section
which would cause a rise in elevation of the 100-year flood or be
contrary to the requirements of the National Flood Insurance Program.
[Ord. 8-1994, 12/12/1994, § 428]
For the purposes of this chapter, exterior antennas shall be
defined as all forms of antennas used within the Borough for telephone,
telecommunication, radio, television or other forms of communication
(including microwave and satellite earth stations or dishes), except
antennas utilized by government agencies or those regulated by applicable
laws relating to public utilities. Privately owned and operated antennas
may be permitted to be located in any zoning district of the Borough
as accessory structures. All such structures shall however be subject
to the requirements outlined below as well as all other applicable
provisions of this chapter.
A. Exterior
antennas shall not be placed in front yards nor in the street side
yard of corner lot properties.
B. Roof
mounted microwave antennas shall not exceed 10 feet in diameter and
ground mounted antennas shall not exceed 12 feet in diameter.
C. All
exterior antennas shall adhere to the following height regulations:
(1) No exterior antenna, whether roof or ground mounted, shall exceed
40 feet in overall height measured from ground level.
(2) Spherical microwave antennas mounted on the ground shall not exceed
14 feet in overall height.
(3) Spherical roof mounted microwave antennas shall not exceed eight
feet above the highest point of the roof line. Where a residence or
building has multiple roof lines, effort shall be made to place the
antenna on the lowest roof line.
(4) Roof mounted antennas shall be located whenever possible on the portion
of the roof offering the least visibility when viewing the building
or premises from a frontal or street view.
(5) Notwithstanding any of the regulations and exemptions outlined above,
the location and height of all such antennas shall comply with all
applicable rules, standards and criteria of the Federal Aviation Administration.
D. All
exterior antennas shall be situated as nearly as possible to the center
of the rear of the property or premises. In addition, all such structures
shall meet the side and rear yard setback requirements for the district
in which they are located.
E. Where
because of lot shape, lot location or other factors, an exterior antenna
has a high visibility to other adjoining properties or the general
public view, the owner of the antenna shall provide screening for
such structure in accordance with the standards set forth in § 507
of this chapter; provided, however, that screening shall not be required
where the applicant can demonstrate that such requirement would preclude
the proper functioning of the antenna.
F. All
exterior antennas shall be supported, anchored and installed in accordance
with accepted safety engineering standards, taking into consideration
all relevant safety factors, including, but not limited to, wind forces.
The following requirements shall be considered minimum standards:
(1) Microwave antenna shall be properly anchored and installed on a foundation
to resist a minimum wind load of 30 pounds per square foot of projected
horizontal area.
(2) Supports, anchors and foundations shall take into account overturning
movements and forces created by wind loading. The safety factor against
overturning or sliding for wind forces on microwave antennas shall
be two.
G. No
person or entity shall install an exterior antenna without first securing
a building/zoning permit from the Borough Zoning Officer. (Fees for
the issuance of such permits shall be as set forth in the Borough's
fee schedule resolution.) As a part of an application for such a building/zoning
permit, the applicant shall provide the Zoning Officer with information
and documentation sufficient to illustrate how he intends to meet
the terms of this section.
H. No
provision of this section is intended to unduly restrict or impair
communications activities engaged in by any holder of a license issued
by the Federal Communications Commission (FCC). In the event that
it is determined that any provision of this section would unlawfully
restrict the exercise of a license granted by the FCC, Borough Council
shall have the power and authority to modify the terms of this section
as they apply to such license holder. Relief under this subsection
shall be authorized on a case-by-case basis through issuance of a
conditional use approval.
I. The
Hughesville Borough Council may grant conditional use approval for
an exterior antenna that does not comply with the regulations set
forth in this section; provided, that the applicant can prove that
such regulations would not allow acceptable or normal household reception.
The Council, in granting the conditional approval, may attach such
reasonable conditions and safeguards as it deems necessary to implement
the purposes of this section.
[Ord. 8-1994, 12/12/1994, § 429]
For the purposes of this chapter, sobriety houses shall be defined as a residence where two or more unrelated persons recovering from alcohol or chemical dependency are residing. Such facilities may be permitted only in those zoning districts as specified in the district regulations, Part
3, and shall meet the requirements outlined below.
A. License
Requirements. It shall be unlawful for any person, partner, partnership
or corporation to operate a sobriety house without first obtaining
a license pursuant to the terms of this section.
(1) Application for a license to operate a sobriety house shall [be]
obtained from the Borough Zoning Officer. Upon completion, the application
shall be returned to the Zoning Officer, together with the applicable
fee. (Fees for the issuance of such licenses shall be as set forth
in the Borough's fee schedule resolution.)
(2) Licenses shall be issued by the Zoning Officer or other person designated
by the Borough after it has been determined that the proposed facility
will meet the requirements of this section and all other Borough ordinances,
as well as all laws of the Commonwealth of Pennsylvania. The person,
partnership or corporation operating the sobriety house shall display
the license in a prominent location on the premises. Upon changing
ownership or name of the sobriety house, the person, partnership or
corporation operating the facility shall immediately notify the Zoning
Officer or other Borough designated person. Licenses issued under
this section shall not be transferable and shall apply only to the
specific location listed on the license.
(3) Licenses shall be issued for a term of one year to commence January
1 and to terminate on December 31 of each year. Licenses may be renewed
annually provided the facility still meets the requirements of this
section.
(4) The Zoning Officer or other person designated by the Borough, and
his/her agent, servant or other designee, shall have the right to
inspect the sobriety house before issuing a license, prior to the
issuance of a renewal license, or at any other time as the said officer
shall deem appropriate in order to determine and verify that such
sobriety house fully complies with the requirements imposed by this
chapter, all other Borough ordinances and the laws of the Commonwealth
of Pennsylvania.
B. Rules
and Regulations for Sobriety Houses. As part of the application for
a license for such a use, each applicant shall submit written "house
rules" for the residents of the facility. At a minimum, such rules
shall include the following requirements:
(1) The use of alcohol or any controlled substance by the resident shall
be prohibited.
(2) The residents shall be prohibited from being on the premises in an
intoxicated condition or under the influence of controlled substances.
(3) The residents shall comply with all rules established to govern their
behavior, noise and activities on the premises.
(4) The residents shall comply with the laws of the Commonwealth of Pennsylvania,
the laws of the United States and the ordinances of Hughesville Borough,
both on and off the premises.
C. Minimum
Standards for Operators. As part of an application for a license for
such a use, each applicant shall submit a written "handbook" setting
forth the facility operator's responsibilities. Such responsibilities
shall include, but need not be limited to, the following:
(1) Establish a procedure to make the schedules of various self-help
group meetings available to residents.
(2) Establish a procedure for disseminating human service aid details
and/or counseling service information to residents.
(3) Designate a house manager who shall reside on the premises and shall
be physically present no fewer than 12 hours per day.
(4) Establish a procedure to facilitate the transfer of medical history
information to the appropriate community medical facility.
(5) Establish a procedure to determine whether residents are on probation
or parole and the method by which the proper law enforcement agencies
are to be advised of the resident's new address.
(6) Develop a list of the residents' rights including, but not limited
to, the residents' right to privacy and their right to locked areas
for valuable belongings.
(7) Submit a copy of the lease agreement provided to each resident to
the Borough. Such agreement should set forth the terms of the lease
along with a list of the actions by the resident which would cause
termination.
(8) Submit to the Borough a copy of the written arrangements made to
ensure a clean and sanitary environment for the residents.
D. License
Revocation. The Zoning Officer or other person designated by the Borough
shall have the full authority to revoke the license of any sobriety
house found to have violated any of the provisions of this section,
or any laws of the Commonwealth of Pennsylvania or United States.
The operator of the facility shall have the right, upon receipt of
notice of license revocation, to appeal the findings of the Zoning
Officer or other Borough representative. The appeal shall be heard
by a quorum of the Borough Council who shall afford all parties the
opportunity to present evidence at a public hearing and shall affirm
or reverse the decision to revoke the license.
E. Facility
Siting Requirements. Sobriety houses shall not be located within 500
feet of the property line of any school, church or park; any establishment
licensed by the Pennsylvania Liquor Control Board; any other sobriety
house; or any boundary of the residential district. Relief under this
subsection may only be authorized on a case-by-case basis through
issuance of conditional use approval by the Hughesville Borough Council.
The Council may authorize the establishment of a sobriety house which
does not meet the siting criteria as a conditional use where it finds
that:
(1) The applicant has presented a petition which indicates approval of
the proposed use by 51% of the persons owning, residing or doing business
within a radius of 1,000 feet of the proposed sobriety house.
(2) The proposed use will not adversely affect the safe and comfortable
enjoyment of the properties in the neighborhood and will not be detrimental
to the general character of the area;
(3) The establishment of the proposed facility will not be contrary to
any program of the neighborhood and will not interfere with any program
of urban renewal.
(4) The conditions set forth in § 1102 of this chapter relating
to conditional uses will be met.
(5) All other applicable regulations of this chapter will be met in full.
[Ord. 6-2007, 10/8/2007]
An accessory building(s) or structure(s) may be maintained in
conjunction with a permitted, principal use, provided that the following
standards are met:
A. Accessory buildings or structures shall be set back in accordance with the yard requirements established in Part
3, District Regulations, and the supplemental requirements set forth in § 503 of this chapter.
B. In
the R-1, R-2 and R-3 Residential Districts, no accessory structure
shall be located in front of the front building line of its principal
building.
C. No
manufactured housing, mobile home units, buses, van bodies, or truck
trailers may be used as accessory buildings or structures, except
that no more than two temporary storage trailers may be permitted
in the C-2 and I Districts for up to 30 days in any calendar year.
D. The height of all accessory buildings or structures shall be as set forth in Part
3, District Regulations, except as may be permitted otherwise in § 504 of this chapter.
[Ord. No. 1-2014, 10/13/2014]
1. For the purpose of this chapter, indoor firing ranges shall be defined as a building inside of which club members, or members of the public or of a school or other competitive team discharge firearms for target practice. Such facilities may be permitted only in those zoning districts as specified in the District Regulations, Part
3, and shall meet the requirements outlined below.
A. License Requirements. It shall be unlawful for any person, partner,
partnership or corporation to operate a indoor firing range without
first obtaining a license pursuant to the terms of this section.
(1) Application for a license to operate an indoor firing range shall
be obtained from the Borough Zoning Officer. Upon completion, the
application shall be returned to the Zoning Officer, together with
the applicable fee. (Fees for the issuance of such licenses shall
be as set forth in the Borough's fee schedule resolution.)
(2) Licenses shall be issued by the Zoning Officer or other person designated
by the Borough after it has been determined that the proposed facility
will meet the requirements of this section and all other Borough ordinances,
as well as all laws of the Commonwealth of Pennsylvania. The person,
partnership or corporation operating the indoor firing range shall
display the license in a prominent location on the premises. Upon
changing ownership or name of the indoor firing range, the person,
partnership or corporation operating the facility shall immediately
notify the Zoning Officer or other Borough-designated person. Licenses
issued under this section shall not be transferable and shall apply
only to the specific location listed on the license.
(3) Licenses shall be issued for a term of one year, to commence January
1 and to terminate on December 31 of each year. Licenses may be renewed
annually, provided the facility still meets the requirements of this
section.
(4) The Zoning Officer or other person designated by the Borough, and
his/her agent, servant or other designee, shall have the right to
inspect the indoor firing range before issuing a license, prior to
the issuance of a renewal license, or at any other time as the said
officer shall deem appropriate in order to determine and verify that
such indoor firing range fully complies with the requirements imposed
by this chapter, all other Borough ordinances and the laws of the
Commonwealth of Pennsylvania.
B. Design of Indoor Firing Ranges. As part of the application for a
license for such a use, the applicant shall submit written plans detailing
compliance with the United States Department of Energy's range design
criteria and other federal or state requirements.
C. Minimum Standards for Operators. As part of an application for a
license for such use, each applicant shall submit a written set of
rules setting forth the facility operator's rules for use of the indoor
firing range. Such responsibilities shall include, but need not be
limited to, the following:
(1) No individual under the minimum age to purchase a firearm in the
Commonwealth of Pennsylvania shall be allowed on the premises unless
accompanied at all times by a parent or legal guardian.
(2) Establishing hours of operation that are between the hours of 7:00
a.m. and 10:00 p.m.
(3) Requiring all individuals follow all state and federal laws for use
and carrying of firearms.
D. Noise Requirements. All indoor firing ranges must be operated in
accordance with all noise limitation ordinances adopted now or in
the future by the Borough of Hughesville.
E. License Revocation. The Zoning Officer or other person designated
by the Borough shall have the full authority to revoke the license
of any indoor firing range found to have violated any of the provisions
of this section, or any laws of the Commonwealth of Pennsylvania or
United States. The operator of the facility shall have the right,
upon receipt of notice of license revocation, to appeal the findings
of the Zoning Officer or other Borough representative. The appeal
shall be heard by a quorum of the Borough Council, who shall afford
all parties the opportunity to present evidence at a public hearing
and shall affirm or reverse the decision to revoke the license.
[Ord. No. 1-2014, 10/13/2014]
1. For the purpose of this chapter, indoor archery ranges shall be defined as a building inside of which club members or members of the public or of a school or other competitive team discharge bows, crossbows, compound bows or similar devices (collectively "bows'") for target practice. Such facilities may be permitted only in those zoning districts as specified in the District Regulations, Part
3, and shall meet the requirements outlined below.
A. License Requirements. It shall be unlawful for any person, partner,
partnership or corporation to operate an indoor archery range without
first obtaining a license pursuant to the terms of this section.
(1) Application for a license to operate an indoor archery range shall
be obtained from the Borough Zoning Officer. Upon completion, the
application shall be returned to the Zoning Officer, together with
the applicable fee. (Fees for the issuance of such licenses shall
be as set forth in the Borough's fee schedule resolution.)
(2) Licenses shall be issued by the Zoning Officer or other person designated
by the Borough after it has been determined that the proposed facility
will meet the requirements of this section and all other Borough ordinances,
as well as all laws of the Commonwealth of Pennsylvania. The person,
partnership or corporation operating the indoor archery range shall
display the license in a prominent location on the premises. Upon
changing ownership or name of the indoor archery range, the person,
partnership or corporation operating the facility shall immediately
notify the Zoning Officer or other Borough-designated person. Licenses
issued under this section shall not be transferable and shall apply
only to the specific location listed on the license.
(3) Licenses shall be issued for a term of one year, to commence January
1 and to terminate on December 31 of each year. Licenses may be renewed
annually, provided the facility still meets the requirements of this
section.
(4) The Zoning Officer or other person designated by the Borough, and
his/her agent, servant or other designee, shall have the right to
inspect the indoor archery range before issuing a license, prior to
the issuance of a renewal license, or at any other time as the said
officer shall deem appropriate in order to determine and verify that
such indoor archery range fully complies with the requirements imposed
by this chapter, all other Borough ordinances and the laws of the
Commonwealth of Pennsylvania.
B. Design of Indoor Archery Ranges. As part of the application for a
license for such a use, the applicant shall submit written plans detailing
compliance with the National Field Archery Association's Range Guidelines
for Indoor Ranges, most recent edition, and other federal or state
requirements.
C. Minimum Standards for Operators. As part of an application for a
license for such use, each applicant shall submit a written set of
rules setting forth the facility operator's rules for use of the indoor
archery range. Such responsibilities shall include, but need not be
limited to, the following:
(1) No individual under the minimum age to purchase a bow in the Commonwealth
of Pennsylvania shall be allowed on the premises unless accompanied
at all times by a parent or legal guardian.
(2) Establishing hours of operation that are between the hours of 7:00
a.m. and 10:00 p.m.
(3) Requiring all individuals follow all state and federal laws for use
and carrying of bows.
D. License Revocation. The Zoning Officer or other person designated
by the Borough shall have the full authority to revoke the license
of any indoor archery range found to have violated any of the provisions
of this section, or any laws of the Commonwealth of Pennsylvania or
United States. The operator of the facility shall have the right,
upon receipt of notice of license revocation, to appeal the findings
of the Zoning Officer or other Borough representative. The appeal
shall be heard by a quorum of the Borough Council, who shall afford
all parties the opportunity to present evidence at a public hearing
and shall affirm or reverse the decision to revoke the license.