For the purposes of this chapter, the following regulations
shall apply in each district.
A lot or group of lots of public record held in single and separate
ownership at the time of enactment of this chapter shall be used in
accordance with the requirements of the district in which it is located
except when:
A.
Less than five years have elapsed from the date of preliminary approval
of the subdivision plan; or
B.
The Zoning Hearing Board grants a special exception after finding
that the necessary additional ground is not available because of the
settled condition of the neighborhood or because of inability of the
owner to acquire additional ground upon fair terms.
No lot shall be so reduced that the area of the lot or the dimensions
of the required open space shall be less than therein prescribed.
[Amended 7-28-1992 by Ord. No. 728]
Where an unimproved lot of record is situated on the same street
frontage between two improved lots or one unimproved and one improved
lot, the front yard requirements for that district shall be modified
so that the front yard setback is an average of the existing front
yards of the abutting improved lots with the same street frontage.
On any corner lot, no physical improvement of planting area
shall be erected, altered or maintained within the required yards
which shall cause obstruction to driver vision from the abutting intersection.
[Amended 7-28-1992 by Ord. No. 728]
No dwelling shall hereafter be erected nor lot created unless
there is direct independent access to it through a right-of-way which
shall be at least 25 feet wide, which shall extend from the dwelling
to a public street or highway, and shall be a fee-simple part of the
lot. If access is only gained by the access strip, the area of the
strip shall not be included when computing the minimum lot size.
An existing lot for which access to a public road is less than specified in § 475-17 may be built upon only when authorized as a special exception by the Zoning Hearing Board. In computing the area of such lots, the area of the strip of ground connecting the lot with the public road shall not be considered. All buildings and other structures to be located on such lots shall not be closer than 15 feet to surrounding lot lines, and the strip of ground connecting the lot with the public road shall be used as an access strip to only the particular lot in question. The Zoning Hearing Board shall consider the suitability of the strip of ground which connects the lot with the public road for use as an access driveway and may impose such other conditions as may be required.
[Amended 7-8-1986 by Ord.
No. 665; 11-13-1990 by Ord. No. 716; 7-28-1992 by Ord. No. 728]
Accessory uses authorized in this chapter shall include any
of the following or similar uses:
A.
Uses accessory to dwellings:
(1)
A garage, children's playhouse, private parking space, shelter for
pets or sheds.
[Amended 3-30-2010 by Ord. No. 831]
(2)
Swimming pool for use of family and guests only.
(3)
Noncommercial greenhouse.
(5)
The renting of rooms within the dwelling in which the lessor resides
to not more than two nontransient persons, with or without the provision
of table board for such persons, provided such rented rooms do not
meet the definition of a dwelling.
(6)
Garage sales, yards sales, or any other type of private sale held
more than six times per year by one household shall be deemed a commercial
activity and therefore shall not be allowed in any residential district.
A garage sale, yard sale, or other type of private sale advertised
and conducted for either two or three consecutive days shall be considered
as one sale.
B.
Uses accessory to public park or playground: customary recreation,
refreshment, and service uses and buildings in any public park, reservation,
playground, or other recreational area.
C.
Solar electric energy systems. Solar electric energy systems shall
be permitted as an accessory use within all zoning districts subject
to the following conditions:
[Added 1-10-2023 by Ord.
No. 924]
(1)
Solar electric energy systems constructed prior to the effective
date of this article shall not be required to meet the requirements
of this section, provided that any structural change, upgrade or modification
to an existing solar electric energy system that materially alters
the size or placement of the existing solar electric energy system
shall comply with the provisions of this section.
(2)
Installation of a solar electric energy system shall not commence
until both a zoning permit and a building permit that complies with
the Pennsylvania Uniform Construction Code (UCC), Act 45 of 1999,
as amended,[1] and the regulations adopted by the Department of Labor
and Industry have been issued.
[1]
See 35 P.S. §§ 7210.101 to 7210.1103.
(3)
Zoning permit approval is required for the construction of any solar
electric energy facility that is an accessory use on any site or lot.
(4)
The zoning permit application shall indicate the location of the
proposed facility, including the percentage of roof coverage, if the
facility is mounted on a building.
(5)
The height of roof-mounted systems on the principal or accessory
buildings shall not extend more than 10 feet above the finished roof
to which it is mounted, or may extend no more than five feet above
the maximum height of the underlying zoning district, whichever is
more restrictive. In no instance shall any part of the system extend
beyond the edge of the roof and shall not cover more than 50% of the
total roof area.
(6)
Applicants wishing to install roof-mounted or side-mounted panels
to the facade of a structure must present a letter from an engineer
attesting that the structure can support the panels and that the system
for mounting the panels, i.e., roof or awning, is sound.
(7)
No solar electric energy system shall be attached to a tree or any
other natural object or structure not intended to support such a facility.
(8)
Construction of any solar electric energy systems facility shall
comply with all applicable rules, laws and regulations of the United
States Federal Aviation Administration. Documentation of compliance
shall be provided to the Borough if requested.
(9)
Solar electric energy systems shall not be artificially lighted,
except to the extent required by the Federal Aviation Administration
or other applicable authority that regulates air safety.
(10)
Solar electric energy systems shall not display advertising,
except for reasonable identification of the facility manufacturer.
(11)
Ground-mounted solar electric energy systems shall not be categorized
as accessory buildings. Ground-mounted solar systems shall not be
permitted in the front yard and must comply with the side and rear
setback requirements of the underlying zoning district. Ground-mounted
solar systems with grass beneath the panels shall be considered pervious
for the purposes of stormwater.
(12)
The height of ground-mounted solar electric energy systems shall
not exceed 20 feet.
(13)
Methods shall be utilized to prevent soil erosion at the leading
edge of the solar electric energy system panels, including rain diffusers,
the placement of plantings on the ground or erosion-resistant material
such as gravel.
(14)
No solar electric energy system shall be installed within 10
feet of a swimming pool or other open body of water.
(15)
All electrical components of solar electric energy systems shall
conform to relevant and applicable local, state and national codes,
and relevant and applicable international standards. Transmission
and power lines shall be placed underground or out of sight.
D.
Unit for care of relative.
[Added 1-10-2023 by Ord.
No. 924]
(1)
The accessory unit shall be occupied by a maximum of two persons,
who shall be relatives of the permanent residents of the principal
dwelling unit. At least one resident of the accessory unit shall need
such accommodations because of an illness or disability, or shall
be at least 70 years of age.
(2)
The applicant shall prove to the Zoning Officer that the accessory
unit has been designed and constructed so that it can be easily reconverted
into part of the principal dwelling unit or is a modular cottage that
will be completely removed from the lot after the relative no longer
resides within the unit. Such accessory unit may be converted into
an additional bedroom(s), a permitted home occupation area or similar
use. A lawful detached garage may be converted into a unit for care
of a relative, and then be reconverted to a garage or permitted home
occupation area.
(3)
The applicant shall establish a deed restriction, in a form acceptable
to the Borough, that will prohibit the use of the accessory unit as
a separate dwelling unit after the relative no longer resides within
the unit. Such deed restriction shall also be binding upon future
owners. Any cost to the Borough associated with the deed restriction
shall be borne by the applicant and paid in advance.
(4)
The owner of the property shall be required to annually renew the
permit for the use and be subject to an inspection by the Zoning Officer.
Such renewal shall be conditioned upon the owner proving that a relative
of the occupants of the principal dwelling unit continues to reside
within the accessory unit.
(5)
Such accessory unit shall not detract from the residential appearance
of a one-family dwelling, as viewed from exterior property lines.
The accessory unit shall be attached to the principal dwelling unit,
except a detached dwelling may be specifically approved by the Zoning
Hearing Board as a special exception. If a detached modular dwelling
is placed on the property, it shall be completely removed within 90
days after the relative no longer lives within it. A detached dwelling
shall only be placed on the lot if it will meet principal building
setbacks and has a maximum building floor area of 900 square feet.
(6)
Additional parking for the accessory unit is not required if the
applicant proves that the resident(s) of the accessory unit will not
add an additional vehicle or vehicles to the property. At the time
of the annual inspection by the Zoning Officer, the applicant will
confirm in writing that the resident(s) does not maintain or operate
a separate, additional vehicle at the property.
[Amended 1-10-2023 by Ord. No. 924]
B.
An accessory structure as permitted in § 475-19A(1), (2), or (3) may not be placed in a front yard and may be no closer than 10 feet to a side or rear property line, except in the following cases:
(1)
The minimum rear and side setback shall be reduced to five feet for
a residential accessory structure having a total floor area of less
than 500 square feet.
(2)
A side yard setback is not required for a structure that is accessory
to a dwelling from a lot line along which two dwellings are attached
(such as a lot line shared by twin dwellings). However, such structure
shall still meet the minimum side yard on a lot line where the dwellings
are not attached.
(3)
Private swimming pools may not be located in the front yard and must
be at least five feet from the side and rear property lines.
[Amended 1-31-1989 by Ord. No. 699]
No structure and no part of a structure shall be erected within
or shall project into any minimum required yard in any district, except
that:
A.
An unenclosed porch, not more than 14 feet in height, may be erected
to extend into a required front or rear yard a distance of not more
than 10 feet, provided that in no case shall it extend into such front
or rear yard more than half the existing depth of the yard.
B.
A terrace or platform not covered by a roof, canopy or trellis, which
does not extend above the level of the first floor of the building,
may be erected to extend into a required yard a distance of not more
than 12 feet, provided that it shall not extend into such yard more
40% of the existing depth or width of the yard.
C.
A carport may be erected over a driveway in a required side yard,
provided that such structure is:
D.
A buttress, chimney, cornice, pier, or pilaster of a building may
project not more than 18 inches into a required yard.
E.
Open, unenclosed fire escapes, steps, bay windows and balconies may
project not more than three feet into a required yard.
[Amended 8-12-1986 by Ord. No. 667; 7-28-1992 by Ord. No. 728; 2-28-1995 by Ord. No. 741; at time of adoption of
Code (see Ch. 1, General Provisions, Art. I)]
B.
On a corner
lot, a fence or wall shall meet the same requirements along both streets
as would apply within a minimum front yard. However, a fence that
only extends behind the rear of a dwelling may have a maximum height
of six feet along one of the streets, other than the street that is
along the front of the dwelling.
C.
A fence
located in any zoning district in a location other than a required
front yard shall have a maximum height of six feet.
[Added 2-28-2017[1] by Ord. No. 887]
A.
The terms "manufactured home" and "mobile home" shall have the same
meaning. The term "manufactured home park" shall have the same meaning
as "mobile home park."
B.
A manufactured home is a type of single-family detached dwelling.
A manufactured home that is newly installed shall meet the following
additional requirements:
(1)
Any manufactured home shall be constructed in accordance with 1976
or later Safety and Construction Standards of the United States Department
of Housing and Urban Development.
(2)
Each site shall be graded to provide a stable and well-drained area,
and shall have the hitch and tires removed.
(3)
Each manufactured home shall include a system that properly anchors
the home to the ground to prevent shifting, overturning or uneven
settling of the home. The requirements of the construction codes[2] shall apply, in addition to the manufacturer's specifications
for installation and state requirements for use of a licensed installer.
C.
A manufactured home park shall only be allowed as a special exception
use in the GI General Industrial District, and shall require a one-acre
minimum lot size, which shall remain under single ownership. Each
dwelling unit may be individually owned. A manufactured home park
shall meet the following additional requirements:
(2)
The maximum average density of the manufactured home park shall be
four dwelling units per acre, which shall be calculated after deleting
all land within the one-hundred-year floodplain, all wetlands and
all slopes over 15%.
(3)
Each manufactured home park shall include a thirty-foot-wide landscaped
area, including substantial attractive evergreen and deciduous trees
around the perimeter of the site, except where such landscaping would
obstruct safe sight distances for traffic. A planting plan for such
area shall be approved by Borough Council. The same area of land may
count towards both the landscaped area and the building setback requirements.
(4)
A dwelling, including any attached accessory building, shall be set
back a minimum of 25 feet from another dwelling within the manufactured
home park, except that unenclosed porches, awnings and decks may be
15 feet from the walls of another dwelling.
(5)
The minimum separation between homes and the edge of a private street
cartway or parking court cartway shall be 25 feet.
(6)
The minimum principal and accessory building setbacks from exterior/boundary
lot lines and rights-of-way of public streets shall be 40 feet.
(7)
Each home shall comply with the requirements for manufactured homes stated in the preceding Subsection B.
(8)
A detached accessory structure or garage shall be separated a minimum
of 15 feet from any dwelling units to which the accessory structure
is not accessory.
This chapter shall not apply to any existing or proposed building
or extension thereof, used or to be used by a public utility corporation,
if upon petition of such corporation the Pennsylvania Public Utility
Commission shall, after a public hearing, decide that the present
or proposed situation of the building in question is reasonably necessary
for the convenience or welfare of the public; nor shall this chapter
apply to any building of the Borough or extension thereof or to the
use of any premises by the Borough if the Borough Council shall, after
a public hearing, decide that such building or extension thereof,
or such use of any premises, is reasonably necessary for the education,
convenience, recreation, or welfare of the public.
No lot or premises may be used for a trailer camp, and no lot
or premises shall maintain an inhabited trailer for a period to exceed
30 days.
No section of this chapter shall be construed to prohibit condominium
ownership as permitted by the Pennsylvania Uniform Condominium Act,
P.L. 1980-82, and any amendments thereto.[1]
[1]
Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.
The following standards shall be followed throughout the Borough:
A.
No building may be erected, altered or used, and no lot or premises
may be used, for any trade, industry or business that is noxious or
offensive by reason of odor, dust, smoke, gas, vibration, illumination
or noise.
B.
No lot or premises shall be used for the storage, deposit or disposal
or rubbish, junk or any noxious, offensive or otherwise objectionable
material.
Exceptions to the maximum height specified in each district
shall be governed by the following:
A.
In all districts: chimneys, spires, towers, skylights, tanks, radio
or television aerials, solar collectors, or similar uses or structures
shall not be included in calculating the height where such structures
are customary vertical projections of a permitted building.
B.
In any residential district: the prescribed basic height limit may
be exceeded by one foot for each foot by which the width of each side
yard and the depth of each rear yard are increased beyond the minimum
requirements, up to a maximum of five feet.
[Amended 7-28-1992 by Ord. No. 728; 8-9-2016 by Ord. No. 883; 1-10-2023 by Ord. No. 924]
In no case shall an existing dwelling unit be divided to result
in additional dwelling units.
[Added 9-26-1989 by Ord.
No. 704]
An application for any conditional use as specified in the various
parts of this chapter shall be considered by the Borough Council according
to the following procedures. The Council may grant conditional use
approval, provided the applicant complies with the following standards
and criteria for conditional uses and any other reasonable conditions
imposed by the Borough Council. The burden of proof shall rest with
the applicant.
A.
Application requirements.
(1)
The application shall be submitted in writing to the Borough Council
with payment of the required fee. Borough Council will forward the
application to the Borough Planning Commission for review and recommendation.
(2)
The application shall include the request for approval of a conditional
use, sufficient information to document compliance with the standards
and criteria of this article, a tentative sketch plan of the proposed
development and any study deemed necessary by the Borough Engineer.
(3)
The Borough Planning Commission shall submit one copy of the application
to the Montgomery County Planning Commission for its advisory review
and other copies to agencies and/or technical consultants whose review
may be relevant.
B.
Public hearing.
(1)
The Borough Council shall schedule a public hearing thereon within
60 days from the date of the applicant's request, unless the applicant
has agreed in writing to an extension of this time limit.
(2)
Public notice of the public hearing, stating the time and place,
and a description of the particular nature of the use to be considered,
shall be published twice in a newspaper of general circulation in
the Borough. The first publication shall not be more than 30 days
and the second publication shall not be less than seven days from
the date of the hearing.
(3)
The Borough Planning Commission shall submit one copy of the application
to the Montgomery County Planning Commission for its advisory review
and other copies to agencies and/or technical consultants whose review
may be relevant.
C.
Standards and criteria. In deciding all application for conditional
uses, the Borough Council shall be guided by the following standards
and criteria:
(1)
The proposed use shall be one permitted by conditional use and one
that will conform to the applicable regulations of the district in
which it is located.
(2)
The proposed use shall be suitable for the subject property and shall
complement the character of the surrounding neighborhood.
(3)
The proposed use shall not adversely affect or contradict the 2017
Royersford Borough Comprehensive Plan Update.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.
The Borough Council shall render a written decision on the application
within 45 days after the last hearing in which the Council considered
the application.
E.
Where the Borough Council fails to render a decision within the period
required by this subsection, or fails to hold the required hearing
within 60 days from the date of the applicant's request for a hearing,
the decision shall be deemed to have been rendered in favor of the
applicant unless the applicant has agreed in writing or on the record
to an extension of time.
F.
Approval of any conditional use shall expire one year after the date
of approval by the Borough Council or the signing of the development
plan, whichever is later, if the applicant fails to obtain a building
permit or use and occupancy permit.
[Added 7-28-1992 by Ord.
No. 728; 9-9-2003 by Ord. No. 781]
A home occupation is a no-impact home-based business. In addition to the conditions as set forth in the definition of no-impact home-based business in § 475-7 hereof, the following conditions shall also apply:
A.
Materials or products shall not be stored outside the principal or
accessory building.
B.
There shall be no external alternations which are not customary in
residential buildings.
C.
Off-street parking shall be provided in sufficient capacity to prevent
interference with normal residential parking in the neighborhood:
(1)
If a residential driveway is used or expanded for such parking, a
minimum of two parking spaces must be provided in addition to the
number of spaces normally used by the residents of the dwelling unit.
(2)
No parking spaces for the home occupation use may be located in the
front yard unless specifically authorized by the Borough Council.
[Added 6-12-2012 by Ord.
No. 853]
A.
Short title. This section shall be known as and may be cited as the
"Outdoor Lighting Ordinance."
B.
The following standards shall apply to the design and operation of
outdoor lighting for residential, commercial and institutional areas
for loading, ingress and egress, parking, private recreational uses
and institutional uses:
(1)
Purpose. To establish minimum standards for outdoor lighting to:
(a)
Provide for and control lighting in outdoor places where public
health, safety and welfare are potential concerns.
(b)
Protect drivers and pedestrians from the glare of nonvehicular
light sources that affect driver vision.
(c)
Protect neighbors and the night sky from nuisance glare and
stray light from improperly aimed, placed, applied, maintained or
shielded light sources.
(2)
Applicability.
(a)
Outdoor lighting shall be provided in accordance with the following
standards for multifamily residential, commercial, industrial, educational,
private recreational and institutional uses.
(b)
Additionally, the glare-control requirements herein apply to
lighting in all of the above-mentioned uses as well as, but not limited
to, signs and architectural, landscaping and residential lighting.
(3)
FOOTCANDLE
FULL CUTOFF
GLARE
ILLUMINANCE
LIGHT TRESPASS
LUMEN
SHIELDED
Definitions. As used in this section, the following terms shall have
the meanings indicated.
Unit of light intensity stated in lumens per square foot
and measurable with an illuminance meter (i.e., light meter).
Attribute of a lighting fixture from which no light is emitted
at or above a horizontal plane drawn through the bottom of the fixture
and no more than 10% of the lamp's intensity is emitted at or above
an angle 10° below that horizontal plane, at all lateral angles
around the fixture.
Excessive brightness in the field of view that causes loss
in visual performance or annoyance, to jeopardize health, safety or
welfare.
Quantity of light, measured in footcandles.
Unwanted light emitted by a lighting fixture or installation
which is cast beyond the boundaries of the property on which the lighting
installation is sited.
The light-output rating of a lamp (light bulb), as used in
the context of this section.
A luminaire from which no direct glare is visible at normal
viewing angles by virtue of being properly aimed, oriented, and located
and properly fitted with such devices as shields, barn doors, baffles,
louvers, skirts or visors.
(4)
Criteria.
(a)
Illumination levels.
[1]
Lighting, where required or permitted by this section, shall
have intensities and uniformity ratios in accordance with the current
recommended practices of the Illuminating Engineering Society of North
America (IESNA) as contained in the IESNA Lighting Handbook, 10th
Edition.
[2]
Examples of intensities for typical outdoor applications, as
extracted from the 10th Edition of the IESNA Lighting Handbook, are
presented below:
|
Use/Task
|
Maintained Footcandles
|
Uniformity
(Avg.:Min.)
|
|---|---|---|
|
Streets, local residential
|
0.4 avg.
|
6:1
|
|
Streets, local commercial
|
0.9 avg.
|
6:1
|
|
Parking, residential, multifamily
| ||
|
Low vehicular/pedestrian activity
|
0.2 min.
|
4:1
|
|
Medium vehicular/pedestrian activity
|
0.6
|
4:1
|
|
Parking, industrial/commercial/institutional/municipal
| ||
|
High activity, e.g., regional shopping
|
0.9 min.
|
4:1 centers/fast-food facilities, major civic/cultural events
and private recreational activities
|
|
Medium activity, e.g., community shopping
|
0.6 min.
|
4:1 centers, office parks, hospitals, commuter lots
|
|
Low activity, e.g., neighborhood shopping, industrial
employee parking, schools, church parking
|
0.2 min.
|
4:1
|
|
Walkways and bikeways
|
0.5 avg.
|
5:1
|
|
Building entrances
|
5.0 avg.
|
—
|
|
NOTES:
| |
|
1.
|
Illumination levels are maintained horizontal footcandles on
the task, e.g., pavement or area surface.
|
|
2.
|
Uniformity ratios dictate that average illuminance values shall
not exceed minimum values by more than the product of the minimum
value and the specified ratio, e.g., for commercial parking high activity,
the average footcandles shall not be in excess of 3.6, i.e., 0.9 x
4.
|
(b)
Lighting fixture design.
[1]
Fixtures shall be of a type and design appropriate to the lighting
application and in accordance with IESNA Lighting Handbook, 10th Edition.
[2]
For lighting horizontal tasks such as roadways, pathways and
parking areas, fixtures shall meet IESNA full-cutoff criteria.
[3]
For nonhorizontal tasks, the use of floodlighting, spotlighting,
wall-mounted fixtures, decorative globes and other fixtures not meeting
IESNA full-cutoff criteria shall be permitted only with the approval
of Borough Council, based upon acceptable glare control.
[4]
Fixtures shall be equipped with or be capable of being backfitted
with light-directing devices such as shields, visors or hoods when
necessary to redirect offending light distribution.
(c)
Control of glare, light pollution and light trespass.
[1]
All outdoor lighting, whether or not required by this section,
on private, residential, commercial, industrial, municipal, educational
or institutional property, shall be aimed, located, designed, fitted
and maintained so as not to create glare, light pollution and light
trespass.
[2]
Floodlights and spotlights, when permitted, shall be so installed
or aimed that they do not project their output into the windows of
neighboring residences, adjacent uses, directly skyward or onto a
roadway.
[3]
All-night safety or security lighting shall be permitted, but
the light-intensity levels shall not exceed 25% of the levels normally
permitted for the use by this section.
[4]
Lighted signs advertising an individual business and combinations
of businesses (as in a shopping center) may remain on until 15 minutes
after closing of the business or combination of businesses and then
shall be extinguished.
[5]
Entrance signs to residential developments and to business parks
or shopping centers may remain on throughout the night for identification
purposes for emergency vehicles.
[6]
Unless Borough Council specifically approves a period of outdoor lighting extending throughout the night for safety or security or unless lighting is provided as above in Subsection B(4)(c)[3], [4] and [5], lighting shall be controlled by automatic switching devices, such as time clocks or combination motion detectors and photocells, to permit extinguishing lighting between 11:00 p.m. and dawn.
[7]
Vegetation screens shall not be employed to serve as the primary
means for controlling glare. Rather, glare control shall be achieved
primarily through the use of such means as cutoff fixtures, shields
and baffles, and appropriate application of fixture mounting height,
wattage, aiming angle and fixture placement.
[8]
The intensity of illumination projected onto a residential use
from another property shall not exceed 0.1 vertical footcandle, measured
at 30 inches above the ground at the property line.
[9]
Externally illuminated signs shall be lighted by fixtures mounted
at the top of the sign and aimed downward.
[10]
Except as otherwise permitted in this section,
fixtures meeting IESNA full-cutoff criteria shall not be mounted in
excess of 20 feet above finished grade. Fixtures not meeting IESNA
full-cutoff criteria shall not be mounted in excess of 16 feet above
grade except as specifically approved by Borough Council.
[11]
Fixtures used for architectural lighting, e.g.,
facade, fountain, feature and landscape lighting, shall be designed,
fitted and aimed so as not to project their output beyond the objects
intended to be illuminated.
(d)
Installation.
(e)
Maintenance. Lighting fixtures and ancillary equipment shall
be maintained so as always to meet the requirements of this section.
(5)
Residential development fixture placement. Streetlighting fixtures
in multifamily residential developments and mobile home parks shall
be placed at the following locations:
(6)
Recreational uses. The nighttime illumination of outdoor recreational
facilities for athletic activities, such as baseball, basketball,
soccer, tennis, track and field and football, typically necessitates
higher than normally allowed fixture mounting heights and aiming angles,
utilizes very-high-wattage lamps and potentially produces unacceptable
levels of light trespass and glare when located near residential properties.
Permission to illuminate such facilities shall be granted only when
the Borough is satisfied that the health, safety and welfare rights
of nearby property owners and the Borough as a whole have been properly
protected. When recreational or athletic uses are specifically permitted
by the Borough for operation during hours of darkness, the following
requirements shall apply:
(a)
Sporting events shall be timed to end at such time that all
lighting in the sports facility, other than lighting for safe exit
of spectators or patrons, shall be extinguished by 10:00 p.m., regardless
of such occurrences as extra innings or overtime periods.
(b)
Race tracks and recreational venues, such as golf driving ranges
and trap-shooting facilities, that necessitate the horizontal or near-horizontal
projection of illumination, shall not be permitted to be artificially
illuminated.
(c)
Recreational facilities for basketball, baseball, football,
soccer, miniature golf, tennis or track shall not be illuminated if
located within a residential district or sited on a nonresidential
property located within 1,000 feet of a property containing a residential
use.
(d)
Maximum mounting heights for recreational lighting shall be
in accordance with the following:
|
Use
|
Mounting Height
(feet)
|
|---|---|
|
Basketball
|
20
|
|
Football
|
70
|
|
Soccer
|
70
|
|
Little league baseball
| |
|
Radius of 200 feet
|
60
|
|
Radius of 300 feet
|
70
|
|
Lacrosse
|
70
|
|
Miniature golf
|
20
|
|
Swimming pool aprons
|
20
|
|
Tennis
|
20
|
|
Track
|
20
|
(e)
To assist the Borough in determining whether lighting will be permitted, applications for illuminating recreational or athletic facilities shall be accompanied not only with the information required under Subsection B(7) below but also by a visual impact plan that contains the following:
[1]
Plan views containing a layout of the facility and showing pole
locations and the location of residences on adjoining properties.
[2]
Elevations containing pole and fixture mounting heights, horizontal
and vertical aiming angles and fixture arrays for each pole location.
[3]
Elevations containing initial vertical illuminance plots at
the boundary of the site, taken at a height of five-foot line of sight.
[4]
Elevations containing initial vertical illuminance plots on
the windowed facades of all residences facing and adjacent to the
facility. Such plots shall demonstrate compliance with the light trespass
and glare control requirements of this section.
[5]
Proposed frequency of use of the facility during hours of darkness
on a month-by-month basis and proposed time when the sports lighting
will be extinguished.
[6]
A narrative describing the measures proposed to achieve minimum
off-site disturbance.
(7)
Plan submission.
(a)
Lighting plans shall be submitted simultaneously to Borough
Council, through the Borough Manager, and to the Borough Planning
Commission for review and approval for all proposed outdoor lighting,
including but not limited to proposals which are part of a subdivision
or land development plan, and shall include:
[1]
Layout of the proposed fixture locations.
[2]
For installations of up to four fixtures, an iso-footcandle
plot of the individual fixtures.
[3]
Where more than four fixtures are used, a point-by-point plot
using a ten-foot-by-ten-foot illuminance grid. This shall include
a statistical summary of typical areas and include minimum, average
and maximum values and uniformity ratios that demonstrate compliance
with the intensities and uniformities set forth in this section.
[4]
Description of the equipment, including fixture catalog cuts,
photometrics, glare-reduction devices, lamps, control devices, mounting
heights and mounting methods proposed.
(b)
When requested by Borough Council or the Planning Commission,
the applicant shall submit a visual impact plan that demonstrates
appropriate steps have been taken to mitigate on-site and off-site
glare.
(c)
Post-approval alterations to lighting plans or intended substitutions
for approved lighting equipment shall be submitted to the Borough
for review and approval.
[Added 8-9-2016 by Ord.
No. 883]
(This is limited to the following uses as defined in § 475-7: adult store, adult movie theater, massage parlor, or adult live entertainment facility.)
A.
Purposes. The regulations on adult uses are intended to serve the
following purposes, in addition to the overall objectives of this
chapter:
(1)
To recognize the adverse secondary impacts of adult uses that affect
health, safety and general welfare concerns of the Borough. These
secondary impacts have been documented in research conducted across
the nation. These secondary impacts typically include, but are not
limited to, increases in criminal activity, increases in activities
that increase the risk of transmission of sexually transmitted diseases,
increases in activities that increase the risk of transmission of
other communicable diseases, increases in blight, decreases in the
stability of residential neighborhoods, and decreases in property
values for surrounding homes, and decreases in the marketability of
nearby commercial business space. The research conducted across the
nation concludes that adult uses typically involve insufficient self-regulation
to control these secondary effects.
(2)
To limit adult uses to locations where these secondary impacts can
be minimized, particularly as they affect residential neighborhoods
and commercial revitalization.
(3)
To not attempt to suppress any activities protected by the "free
speech" protections of the State and United States Constitutions but
instead to control secondary effects.
B.
An adult use and its parking area shall not be located within any
of the following distances, whichever is most restrictive:
C.
No adult use shall be located within 250 lineal feet from any existing
or approved adult use.
D.
A fifty-foot-minimum-width buffer yard shall be required along the
side and rear lot lines. If such buffer area does not include substantial
mature trees that will be preserved, it shall include continuous screening
by evergreen trees with an initial height of five feet.
E.
No pornographic material, displays or signs shall be placed in view
of persons who are not inside of the establishment. Entrances shall
be staffed at all times to prohibit minors from entering the premises.
F.
No adult use shall be used for any purpose that violates any federal,
state or municipal law.
G.
An adult use shall be prohibited in all districts except where specifically
stated as being a conditional use in a particular district. An adult
use is a distinct use and shall not be allowed under any other use,
such as a retail store or club.
H.
A minimum lot area of one acre is required.
I.
For public health reasons, private or semiprivate viewing booths
of any kind are prohibited. This specifically includes, but is not
limited to, booths for viewing adult movies or nude dancers.
J.
No use may include live actual or simulated sex acts nor any sexual
contact between employees and entertainers nor between employees or
entertainers and customers.
K.
Only "lawful" massages as defined by state court decisions shall
be performed in a massage parlor.
L.
All persons within any adult use shall wear nontransparent garments
that cover their genitals and the female areola, except within a permitted
lawful "adult live entertainment facility."
M.
Any application for such use shall state the name and daytime address
of an on-site manager responsible to ensure compliance with this chapter
on a daily basis. A telephone number shall be provided where the on-site
manager can be reached during Borough business hours. Such information
shall be regularly updated in writing to the Zoning Officer.
N.
The use shall not operate between the hours of 12:00 midnight and
7:00 a.m. If state law requires that another use of the property must
be allowed to be open later, the adult use activities shall still
cease by 12:00 midnight.
O.
As specific conditions of approval under this chapter, the applicant
shall prove compliance, where applicable, with the following state
laws, as amended: the Pennsylvania Liquor Code, Act 219 of 1990 (which
pertains to sale or consumption of alcohol between 2:00 a.m. and 8:00
a.m.),[1] Act 207 of 1990 (which pertains to obscenity),[2] and Act 120 of 1996 (which pertains to adult-oriented
establishments and which limits enclosed viewing booths, among other
matters).[3]
