Borough of Heidelberg, PA Article XI Conditional Uses

§ 112-1101 Applicability.

The Borough Council shall have the power to approve conditional uses when this chapter specifically requires the obtaining of such approval and for no other use or purpose.

§ 112-1102 Application and approval procedure.

1. Application procedure.

a. An application for conditional use approval shall be filed with the Zoning Officer, on forms prescribed by the Borough. A conditional use application shall not be considered to be administratively complete until all items required by this chapter, including the application fee and/or deposit, have been received by the Borough.

b. The Zoning Officer shall review the application to determine whether all materials required by this chapter have been submitted by the applicant. If all such materials have not been submitted by the applicant, then the Zoning Officer shall reject the application as administratively incomplete and shall notify the applicant, in writing, citing the specific deficiencies and the specific requirements of this chapter that have not been met.

c. Within five days of receipt of an administratively complete application, the Zoning Officer shall submit one copy of the application and any materials submitted therewith to: the Borough Solicitor; the Borough Engineer; any Borough professional consultant deemed necessary by the Borough Manager.

d. The Zoning Officer shall submit one copy of an administratively complete application and any materials submitted therewith to each member of the Borough Planning Commission by no later than the Friday prior to the date of the Planning Commission.

e. The Planning Commission shall review the application and forward its recommendation to the Borough Council.

f. The Borough Council shall hold a hearing, pursuant to public notice, within the time periods and procedures required by the MPC. The hearing shall commence within 60 days of the date of the filing of an administratively complete application. Hearings shall be conducted and held in accordance with the applicable provisions of the MPC.

g. The Borough Council shall render a written decision on the conditional use application within 45 days of the last hearing. Where the application is contested or denied, the Borough Council decision shall be accompanied by findings of fact and conclusions based thereon, together with any reasons therefor. Conclusions based on any provisions of this chapter or any other rule, regulation, ordinance or statute shall contain a reference to the provision relied upon and the reasons why the conclusion is deemed appropriate in light of the facts found.

h. In granting a conditional use pursuant to this chapter, the Borough Council may impose any reasonable conditions it believes are necessary to ensure compliance with this chapter, the Heidelberg Borough Code of Ordinances, as amended, and all other ordinances of the Borough, and as it otherwise deems necessary to implement the purposes of this chapter and the MPC.

i. A copy of the final decision or, where no decision is called for, of the findings, shall be delivered to the applicant personally or mailed to him not later than the day following its date.

j. All development, construction and uses shall be in accordance with the approved conditional use decision and plan, unless a revised conditional use application is submitted, approved and filed. The approved conditional use plan shall consist of the application, as submitted, together with all of its attachments and exhibits, as finally approved by the Borough Council, and the conditions attached by the Borough Council. Any development contrary to the approved conditional use decision and plan shall constitute a violation of this chapter.

2. Application content.

a. All applications for conditional use approval shall demonstrate compliance with the general standards and criteria of this article; the applicable express standards and criteria of this article; and the applicable lot and yard requirements of the zoning district in which the use is proposed.

b. All applications for conditional use approval shall be submitted to the Borough Manager, in the form prescribed.

i. Two full-scale copies and six half-scale copies of all required plans, maps and drawings;

ii. Eight copies of all other application materials.

c. An application for conditional use approval shall not be considered administratively complete until all items required by this chapter, including the application fee and and/or deposit, have been received by the Borough Manager.

d. All applications for conditional use approval shall contain the following:

i. A development plan, as defined by this chapter;

ii. A legal document verifying applicant's legal interest in the subject property (i.e., deed, sales agreement, lease);

iii. The application fee and/or deposit in an amount set from time to time by resolution of the Borough Council; and

iv. Architectural floor plans and elevations, where renovations or modifications of an existing building is immediately contemplated, showing the scope, nature and extent of said renovation or modification.

3. Expiration of approval.

a. The grant of a conditional use shall expire two years after the date of the Borough Council written decision unless: (1) the applicant has applied for and obtained a building permit and commenced construction; or (2) in a case where the conditional use does not require the issuance of a building permit, the applicant has applied for and obtained an occupancy permit and has commenced the use which is the subject of the conditional use approval. Expiration of the conditional use approval under this article shall require the applicant to reapply for conditional use approval.

§ 112-1103 General standards and criteria.

1. Before approving a conditional use application, the Borough Council shall determine that the proposed use complies with the following general standards and criteria, which are in addition to any other requirements in this chapter for a specific type of use or development:

a. The proposed use shall conform to the district and conditional use provisions and all general regulations of this chapter.

b. The proposed use shall meet all special standards which may be applied to its class of conditional use as set forth in this article.

c. The proposed use shall not involve any element or cause any condition that may be dangerous, injurious, or noxious to any other property or persons, and shall comply with the performance standards set forth in Article VIII.

d. The proposed use shall be sited, oriented and landscaped so that the relationship of its building and grounds to adjacent buildings and properties does not impair health, safety or comfort and does not adversely affect values of adjacent property.

e. The proposed use shall produce a total environmental effect which is consistent with, and not harmful to, the environment of the neighborhood.

f. The proposed use shall organize vehicular access and parking to minimize conflicting traffic movement on adjacent streets.

g. The proposed use will not impede the normal and orderly development and improvement of surrounding property as permitted by this chapter.

h. The proposed use will be adequately served by existing storm and sanitary drainage facilities, public water, access streets and other necessary facilities.

i. The proposed use shall promote the objectives of this chapter and shall be consistent with the Comprehensive Plan for Heidelberg.

2. The Borough Council shall grant a conditional use only if it finds adequate evidence presented by the applicant that the proposed conditional use is duly authorized under provisions of this chapter, that the application falls within the terms of the specific provisions allowing for conditional use and that the proposed use complies with all other requirements of this chapter. The Borough Council shall refuse an application for conditional use where opponents to the application establish by a preponderance of evidence that the application is contrary to the health, safety and morals or general welfare of the community at large. The Borough Council, in granting a conditional use, may attach such reasonable conditions and safeguards other than those related to offsite transportation or road improvement, in addition to those expressed in the ordinance, as it may deem necessary to implement the purposes of this chapter, except that conditions of approval shall not include those related to off-site transportation or road improvements pursuant to Section 603(c)(2) of the MPC.[1]

[1] Editor's Note: See 53 P.S. § 10603(c)(2).

3. The Borough Council shall, among other things, require that any proposed use and location be:

a. In accordance with the Heidelberg Borough Comprehensive Plan and consistent with the spirit, purposes and the intent of this chapter.

b. In the best interests of the Borough, the convenience of the community and the public welfare and be a substantial improvement to the property in the immediate vicinity.

c. Suitable for the property in question and designed, constructed, operated and maintained so as to be in harmony with and appropriate in appearance to the existing or intended character of the general vicinity.

d. In conformance with all applicable requirements of this chapter.

§ 112-1104 Standards for review of specific land uses.

1. Adult entertainment uses.

a. Location. No permit will be issued for any adult entertainment establishment which intends to be located within the below listed distances of such institutional or residential property lines. Measurement shall be from the closest point on one lot to the closest point on the other lot:

i. Any other adult-oriented establishment whether such use is situated in Heidelberg or otherwise: 500 feet.

ii. Public or private pre-elementary, elementary, or secondary school property: 800 feet.

iii. Public library: 600 feet.

iv. Child day care or nursery school: 800 feet.

v. Public playground or park: 800 feet.

vi. Child-oriented business: 800 feet.

vii. Commercial recreation uses: 600 feet.

viii. Residential uses or zones: 600 feet.

ix. Public transit stop: 250 feet.

b. No such establishment shall be open for or permit access to by any person under the age of 18 years.

c. The establishment shall include a double-door entrance, with inner door area containing a notice of no less than four square feet that those choosing to enter will be potentially exposed to obscene matters or materials.

d. An adult-oriented establishment may be open for business only Monday through Saturday from 9:00 a.m. to 12:00 midnight prevailing time. No adult-oriented establishment shall be open at any time on Sunday or on a legal holiday as set forth in the Act of May 31, 1893, P.L. 188 § 1, as amended, 44 P.S. § 11.

e. No materials or merchandise of any kind offered for sale, rent, lease, or loan or for view upon the premises of an adult-oriented establishment shall be exhibited or displayed outside of a building or structure.

f. Signs shall contain only the name of the business and the words "adult entertainment" or other term of like import.

g. This subsection may be found to apply to any uses not contemplated by this subject and subject to conditional use approval.

2. Assisted living residence.

a. The assisted living residence shall meet all licensing requirements of the Commonwealth of Pennsylvania Department of Public Welfare.

b. The facility shall have direct access to an arterial roadway.

c. The assisted living residence shall be the sole occupant of the lot.

d. Access drives shall be located to take maximum advantage of sight distances for motorists and shall be as remote as possible from street intersections.

e. Parking areas shall be screened from view of neighboring houses or those directly across the street from the lot.

3. Automobile sales.

a. The use shall not be located on lots of less than 15,000 square feet, shall have yards of not less than 15 feet, and shall not have any tank for the storage of flammable or otherwise hazardous material closer than 40 feet to any property line.

b. The business shall include a permanent building on the lot for office, display and repair use of not less than 1,000 square feet floor area.

c. Areas of the lot displaying vehicles for sale and for customer parking shall be paved with an all-weather surface and such areas shall be set back at least 15 feet from adjacent street curbs or edges of road pavements.

d. Displayed or parked vehicles and sign posts or other posts shall not be located closer than 10 feet to the curb or paved edge of an adjacent street or such further distance as may be necessary to create maximum sight distance lines for motorists entering and leaving the lot.

e. Automobile sales uses shall not employ outdoor loudspeaker paging systems.

f. All repair work shall be done entirely within an enclosed building, vehicular access to which shall be oriented away from the street across the front of the lot, and screened by a hedge or fence if facing adjacent residential lots.

g. External lighting shall be reduced in intensity by 50% at the close of each business day. Lighting of the lot using strings of bare bulbs shall not be permitted.

h. Areas of lot not occupied by buildings or paved shall be landscaped and maintained.

4. (Reserved)

5. Bowling alleys.

a. All facilities shall have a paved parking area in accordance with this chapter; and it shall not be closer than 25 feet to any residential lot line.

b. All facilities shall abut a public road and have a permanent access thereto.

6. Car washes.

a. All automated washing facilities shall be in a completely enclosed building, as defined by this chapter. All other car washing facilities shall be under a roofed structure which has at least two walls.

b. Drainage water from the washing operation shall be controlled so that it does not flow or drain onto berms, streets or other property.

c. A stacking area shall be required on the lot for automobiles accessible to the end of the washing equipment. Such stacking area shall be able to accommodate the number of vehicles equal to the maximum hourly processing capability of the aforesaid car wash. Such information shall be provided to the Borough as part of the application for the conditional use.

d. An area beyond the exit end of the washing equipment sufficiently large enough to accommodate 1/4 of the maximum hourly processing capability provided in above for the aforesaid vehicular car wash.

e. The facility shall be connected to public sanitary sewer.

f. Any car wash which also dispenses gasoline shall meet all applicable requirements of § 112-1104.21 governing gasoline stations.

7. Cemeteries.

a. A minimum site of 10 acres is required.

b. A drainage plan shall be submitted with the application for the use showing existing and proposed runoff characteristics.

c. A ground water study prepared by a hydrologist or registered engineer qualified to perform such studies shall be submitted with the application.

d. All maintenance equipment shall be properly stored in an enclosed building when not in use.

e. Burial sites shall comply with the setbacks required for principal structures in the zoning district and burial structures shall not be located within 100 feet of any property line adjoining residential use or residential zoning district.

8. Child day care centers, small family child day care home, and large family child day care home.

a. A minimum site of 8,000 square feet is required.

b. Proof of a valid license to operate child day care facilities issued by the Pennsylvania Department of Public Welfare shall be provided to the Borough prior to the issuance of an occupancy permit by the Borough for the use.

c. All child day care facilities shall provide a minimum area for indoor play at a ratio of 40 square feet per child.

d. All child day care facilities shall provide outdoor play space at a minimum ratio of 65 square feet per child using the outdoor play facility. Long, linear configurations shall be avoided to assure the functionality of the space as a play area. At no point shall the play area be less than 20 feet in width.

i. The outdoor play area shall adjoin the building where the child day care facility is located.

ii. The outdoor play area shall be no closer than 30 feet to a private/public street right-of-way, or 10 feet to any other property lines.

iii. The outdoor play space shall be completely enclosed by a safe and adequate fence or wall a minimum of four feet in height, unless a greater height is required by the Council. Any outdoor play area potentially susceptible to encountering vehicles leaving the roadway, travel lanes, or access ways shall be protected by a barrier capable of preventing the vehicle from entering the play area.

iv. Non-yielding surfaces, such as concrete, asphalt, gravel, etc., are prohibited beneath any piece of permanently installed play equipment. Certain rubber padding may be permissible over hard surfaces when approved by the Council. Non-yielding surfaces shall not exceed 1/4 of the required outdoor play space.

e. Safe vehicular access and off-street areas for the discharge and pick-up of children shall be provided in the following manner:

i. Minimum dimensions of discharge and pick-up areas shall measure eight feet by 55 feet.

ii. Discharge and pick-up areas shall be so located and designed so that the vehicles intended to use them can maneuver safely and conveniently to and from a public right-of-way and complete the discharge and pick-up without obstructing or interfering with the use of any public right-of-way, any parking space, or parking lot aisle.

iii. No area allocated as a discharge and pick-up area may be used to satisfy the area requirements for off-street parking, nor shall any portion of any off-street parking area be used to satisfy the area requirements for discharge and pick-up areas. All off-street discharge and pick-up areas shall be separated from walkways, sidewalks, parking lot aisles, streets, and alleys by curbing or other protective devices as approved by the Borough Engineer.

8.1. Child day care, if the following requirements are met:

[Amended 7-29-2014 by Ord. No. 615]

a. Off-street parking. The child day care shall meet the parking requirements of Article VI, § 112-601.

b. Credit for nonconforming parking. If the prior use was nonconforming as to the number of parking spaces required for the prior use, the site of the proposed child day care may, at the applicant's request, be deemed to continue to be nonconforming as to the same or lesser number of parking spaces required. (For example, if the nonconforming prior use was a retail use which required 15 parking spaces, but only 10 were provided, and the prior use was nonconforming as to the five-space deficiency, and the proposed child day care required 12 spaces, then the proposed child day care shall be deemed to remain nonconforming as to the two additional parking spaces required and the nonconformity as to a five-parking-space deficiency will be deemed to be abandoned). The purpose of this provision is to avoid the unnecessary increase in the number and size of parking lots in the R1 Zoning District.

c. Hours of operation. The hours of operation of the principal use of the child day care may be between 6:00 a.m. and 6:00 p.m., Monday through Friday, with the following limited exceptions:

i. Afterhours care. The child day care may provide afterhours care not to exceed 10% of the student population of the child day care up to 8:00 p.m.

ii. Other authorized accessory activities. The child day care use may include accessory activities, such as employee in-service meetings and other forms of training related to maintaining state licensure; accessory activities involving students and parents of the students of the child day care; and other accessory child-related enrichment activities (including but not limited to meetings of Cub Scouts, Brownies, Boy Scouts, Girl Scouts and other social, educational, or religious organizations or groups devoted to the enrichment of children not older than those who are students of the child day care). Such accessory child enrichment activities may not continue over a period of more than a half day and may only occur if the child day care notifies the Borough Manager in writing at least one week in advance of the proposed child-related enrichment activity and the Borough Manager does not disapprove the activity within 48 hours of receiving notice.

iii. Other Borough-approved meetings. The Borough may approve the use of the building for other meetings. If the building is being used for a Borough-approved meeting subject to any agreement between the Borough and the building owner, then such meeting shall not be subject to such hour limitation.

d. No commercial truck deliveries of supplies may be made between 6:00 p.m. and 6:00 a.m., nor shall commercial garbage disposal pick up be made during those hours.

e. No signs are permitted on the building except in accordance with § 112-701.5 pertaining to permitted signs in the R-1 District.

f. Any exterior lighting for the building or parking area should be of a low-intensity type which does not cast glare upon neighboring properties.

g. Parking of commercial trucks shall not be permitted except during actual delivery or pick up of goods.

h. To the maximum extent feasible, the building shall maintain its existing configuration, size and exterior appearance, except for changes in windows, doors and roofs to increase energy efficiency or if change is needed to meet applicable regulations. The building may not be enlarged, nor shall additional building be built unless necessary to comply with applicable regulations.

i. The proposed use will not cause a health or safety hazard.

j. Safe vehicular access and off-street areas for the discharge and pick up of children shall be provided and may include curbside pick-up and discharge.

k. The requirements of the Borough of Heidelberg Zoning Ordinance §§ 112-1104 through 112-1108 must be met except that the outdoor play area shall be no closer than 15 feet to a private/public street right-of-way or 10 feet to any other property lines, and that at no point shall a play area be less than 15 feet in width. In all other aspects, the requirements of § 112-1104.8 must be met as a condition for use.

l. Notwithstanding the foregoing, to the extent that any of the foregoing conditions are regulated by federal or state statutes, administrative regulations or codes, the provisions of this section shall be deemed to be preempted and the federal or state standards shall apply whether such standards impose a higher or lesser standard.

9. Church or place of worship.

a. No minimum lot size. The lot must be of adequate size to include required off-street parking facilities, access driveways, landscaping, and stormwater management facilities.

b. The proposed use shall have direct access to a public street with sufficient capacity to accommodate the traffic generated by the proposed use.

c. Access drives shall be located to take maximum advantage of sight distances for motorists; shall be as remote as possible from street intersections.

d. Parking areas shall be screened from view of neighboring houses or those directly across a street from the lot.

e. In addition to the parking area required, a consideration shall be given to the determination as the necessity of a loading facility.

f. If outdoor recreation facilities are provided, all abutting residential properties shall be screened therefrom.

g. A dwelling (such as a manse or parsonage) may be located on the same lot with a church provided all requirements of this chapter for single-family dwellings in the zoning district can be met in addition to the minimum lot area, lot width and yard requirements applicable to the church.

h. A day care may be operated in the church on the same lot provided that the conditions provided in § 112-1104.8 are met.

10. Civic, social or fraternal club.

a. No outdoor active recreation area shall be located nearer to any lot line than 100 feet.

b. Sufficient screening shall be provided so as to protect the neighborhood from inappropriate noise and other disturbance.

11. School, college or university.

a. The school shall be the sole occupant of the lot and, other than an elementary school, shall have access directly to an arterial or collector street.

b. Access drives shall be located to take maximum advantage of sight distances for motorists; shall be as remote as possible from street intersections.

c. The location of off-street parking facilities on the site shall be screened from abutting residential properties and shall provide for maximum ease in the traffic flow.

d. Recreational areas shall be located no closer than 30 feet to an abutting street or 10 feet to other lot lines.

e. The school's course of instruction or other activities on the lot shall not create noise, dirt, glare, dust or other nuisances on adjacent properties.

f. Educational, philanthropic or religious facilities may be erected to a height not exceeding 60 feet, provided that the required side yard is increased one foot for every four feet such structure exceeds 30 feet in height.

g. The minimum distance between main buildings shall be not less than 25 feet.

h. If housing in connection therewith is provided, including dormitory facilities for students and/or teachers, there shall be provided a lot area not less than 20,000 square feet, plus 300 square feet for each sleeping room.

i. The minimum front, rear and side yards shall be 10 feet greater than the minimum required for any other main structure in the district in which it is located.

12. Communication facilities, towers, and co-locations.

a. Standards applicable to all communications towers.

i. A communications tower may not be located on a lot occupied by other principal buildings and structures but may occupy a leased parcel within a lot meeting bulk and area requirements for the applicable zoning district and the requirements of this section.

ii. Interference prohibited. Communications antennas shall not cause radio frequency interference with any other communications facility located in the Borough.

iii. Omnidirectional antennas. Omnidirectional communications antennas shall not exceed 20 feet in height and seven inches in diameter.

iv. Directional or panel antennas. Directional or panel communications antennas shall not exceed five feet in length and three feet in width.

v. Communications towers are not permitted to be located in any front yard.

vi. Setbacks. The foundation and base of any communications tower shall be set back from any abutting residential district at least 150 feet and shall be set back from any other property line, or a lease line, if applicable, at least 50 feet. In the event that a communications antenna located on a communications tower extends further than the foundation and base of the communications tower, the setback shall be measured from the furthest extended edge of the communications antenna. To the extent that a greater setback is required by any other applicable section of this chapter, the greater setback shall apply.

vii. Maximum height. In the M Manufacturing District, the maximum height of any communications tower shall be 150 feet. The height may be increased to no more than 200 feet, provided that the required setbacks from adjoining property lines, or lease lines, if applicable, are increased by one foot per each one foot in height in excess of 150 feet.

viii. Communications equipment buildings. Communications equipment buildings associated with the use of a communications tower or with communications antennas mounted on a communications tower shall comply with the required yards and height requirements of the applicable zoning district.

ix. Access. Access shall be provided to the communications tower and any associated communications equipment building by means of a public street or easement to a public street. The easement shall be a minimum of 20 feet in width and shall be improved to a width of at least 10 feet with a dust free, all-weather surface for its entire length.

x. Parking. Parking shall be provided as required by § 112-601 of this Part.

xi. Fencing. Notwithstanding § 112-404 of this Chapter, the site of a communications tower shall be secured by a fence with a maximum height of eight feet to limit accessibility by the general public.

xii. Guy wires. All guy wires associated with guyed communications towers shall be located within the facility's fenced enclosure.

xiii. Signs and lights. No signs or lights shall be mounted on a communications tower, except as may be required by the Federal Communications Commission, Federal Aviation Administration or other governmental agency which has jurisdiction, other than those needed to identify the property or warn of any danger or for other safety reasons.

xiv. Maintenance. Communications towers shall be protected and maintained in accordance with the requirements of the Borough's Building Code, as well as federal and state regulations.

xv. Landscaping and screening. The base of a communications tower shall be landscaped so as to screen the foundation and base and communications equipment building from abutting properties.

xvi. Aviation regulations. Communications towers shall comply with all applicable Federal Aviation Administration, Commonwealth Bureau of Aviation and applicable airport zoning regulations.

xvii. Removal.

(1) If a communications facility, communications tower, communications equipment building and/or communications antenna remains unused for a period of six consecutive months, the owner or operator shall dismantle and remove it within six months of the expiration of such six-month period. Costs of removal shall be paid by the owner or operator.

(2) The owner of the real property on which the communications tower, communications equipment building and/or communications antenna is located shall be responsible for removal in the event that the owner or operator fails to remove in accordance with this chapter.

(3) If an owner or operator or the property owner fails to remove the communications tower, communications equipment building and/or communications antenna in accordance with this chapter, the Borough shall have the authority to enter the subject property and remove the communications tower, communications equipment building or communications antenna.

(4) All costs of removal shall be borne by the owner or operator or the property owner, including the event of the Borough's removal of the tower.

b. Additional standards for communications facilities.

i. Communications facilities proposed or permitted by conditional use shall meet all standards set forth above, and must comply with the following additional requirements.

ii. Lapse. Any grant of use by conditional use will automatically lapse if the owner or operator's FCC license ever expires, lapses or is revoked.

iii. Additional landscaping and camouflage requirements for communications facilities. Communications facilities as conditional use or special exceptions shall be camouflaged behind an effective year-round landscape buffer that is compatible with the uses of the neighboring properties.

c. Application procedures for all communications facilities.

i. The applicant shall submit a copy of its current Federal Communications Commission license; the name, address and emergency telephone number for the operator of the communications tower; and a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the communications facilities, communications tower, communications antennas and communications equipment buildings.

ii. The applicant shall submit certification from a Pennsylvania-registered professional engineer that the proposed communications tower will be designed and constructed in accordance with the current structural standards for material type antenna towers and antenna supporting structures, published by the Electrical Industrial Association/Telecommunications Industry Association and applicable requirements of the Borough's Building Code, as well as federal and state law.

iii. The applicant shall demonstrate that the proposed communications tower and communications antennas proposed to be mounted thereon comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.

d. Additional application procedures for communications facilities.

i. Conditional use permit granting authority. The Heidelberg Borough Council shall have the authority to grant a permit for use as a conditional use for communications facilities, communications towers and communications antennas.

ii. Pre-application conference. Prior to submission of an application for use as a special exception, the applicant is strongly recommended to meet with the Zoning Officer to discuss the proposed communications facility, tower or antenna in general terms and to clarify the filing requirements. The applicant is encouraged to prepare sufficient preliminary drawings to inform the Zoning Officer of the location of the proposed facility, as well as its overall design.

iii. Application filing requirements. The following shall be included with an application for a use as a conditional use for all communications facilities and communications towers:

(1) General filing requirements to Zoning Officer.

(a) Name, address and telephone number of the applicant and any co-applicants as well as any agents for the applicant or co-applicants.

(b) Co-applicants may include the landowner of the subject property, licensed carriers and tenants of the communications tower.

(c) A licensed carrier shall be either an applicant or co-applicant.

(d) Original signatures of the applicant and all co-applicants applying for the use by special exception.

(2) Location filing requirements to Zoning Officer.

(a) Identification of the subject property including the property address.

(b) Tax map and parcel number of the subject property.

(c) Zoning district designation.

(d) A Borough-wide map showing the other existing communications facilities or communications towers in the Borough.

(e) The proposed locations of all existing and future communications towers in the Borough for this carrier.

(3) Filing requirements to the Borough Council.

(a) Any applicant proposing construction of a new communications tower as a use by conditional use shall demonstrate that a good-faith effort has been made to obtain permission to mount the communications antennas on an existing communications tower or other structures (co-locate). A good-faith effort shall require that all owners of potentially suitable existing communications towers within a two-mile radius of the proposed communications tower site be contacted and that one or more of the following reasons for not selecting such location apply:

(i) The proposed antennas and related equipment would exceed the structural capacity of the existing communications tower and its reinforcement cannot be accomplished at a reasonable cost.

(ii) The proposed antennas and related equipment would cause radio frequency interference with other existing equipment for that existing communications tower, and the interference cannot be prevented at a reasonable cost.

(iii) Such existing communications towers do not have adequate location, space, access or height to accommodate the proposed equipment or to allow it to perform its intended function.

(iv) Addition of the proposed antennas and related equipment would result in electromagnetic radiation from such communications tower exceeding applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.

(v) A commercially reasonable agreement could not be reached with the owners of such or communications tower.

(b) In the event that co-location is not feasible, a written statement for the reasons for the unfeasibility shall be submitted to the Borough. The Borough may retain a radio frequency (RF) engineer to verify if co-location at the site is not feasible. The cost for such an engineer will be at the expense of the applicant. The Borough may deny a permit if the applicant has not demonstrated a good-faith effort to provide for co-location.

(4) Site plan filing requirements to be submitted to the Planning Commission.

(a) An applicant proposing construction of a new communications tower as a use by conditional use shall demonstrate that the proposed height of the communications tower is the minimum height necessary to perform its function.

(b) A site plan diagram drawn to scale at one inch equals 40 feet showing the following:

(i) Property lines for the subject property.

(ii) Property lines for all properties adjacent to the subject property and within 300 feet.

(iii) Zoning district designation of all adjacent properties.

(iv) Tree cover for the subject property and adjacent properties, by dominant species and average height, as measured by or available from a verifiable source.

(v) Outline of all existing buildings, including those on the subject property and within 300 feet.

(vi) Proposed location of the communications tower and communications equipment buildings.

(vii) Proposed fencing including a description of such fencing and showing the point of entry to the facility.

(viii) Location of all roads, public and private, within 300 feet of the proposed facility, including driveways.

(ix) Distances at grade from the communications tower facility to each building on the site plan.

(x) Contours at two-foot intervals.

(xi) All proposed changes to the existing property, including grading, vegetation removal and temporary or permanent roads and driveways.

(xii) Representations, dimensioned and to scale, of the proposed communications towers, communications antennas, communications equipment buildings, cable runs, parking areas and any other construction on the property.

(xiii) Lines representing the sight line showing the viewpoint and visible point.

(c) Sight lines and photographs as described below:

(i) Sight line representation. A sight line representation shall be drawn from any public road within 300 feet and the nearest facade of each residential building within 300 feet to be the highest point of the communications tower. The profiles shall show all intervening trees and buildings.

(ii) Existing condition photographs. Each sight line shall be illustrated by one color photograph of what can currently be seen from any public road within 300 feet.

(iii) Proposed condition photographs. Each existing condition photograph shall have superimposed on it the proposed facility as seen from any public road.

(d) Design filing requirements to be submitted to the Planning Commission.

(i) Landscape plan including existing trees and shrubs, identified by size and species.

(ii) A balloon or crane test at the proposed site to illustrate the height of the proposed facility. The date, time and location of such test shall be advertised in a newspaper of general circulation in the Borough at least 14 days prior to the test.

13. Community center.

a. Lot coverage, including structures, parking lots, and buildings, shall not exceed 50% of the lot.

b. The facility area and lot boundaries shall be landscaped as required by the Borough Council to minimize noise projection and make the grounds aesthetically compatible to the surrounding properties.

c. All facilities shall have a paved parking area in accordance with this chapter; and it shall not be closer than 25 feet to any residential lot line.

d. All facilities shall abut a public road and have a permanent access thereto.

e. No direct or sky-reflected glare, whether from floodlights or any other kind of light, shall be visible from adjoining public streets or adjacent lots when viewed by a person standing on ground level.

f. All pools shall be surrounded by a fence at least six feet in height, the entrance to which shall be kept locked when attendant is not present; and shall be constructed in accordance with all applicable state requirements.

g. Tennis courts shall be protected by a permanent fence 10 feet in height behind each base line extending 10 feet beyond the playing area in each direction.

h. The proposal shall be compatible with the neighborhood and will not adversely affect adjoining lots.

i. The amount of new traffic generated shall not have a detrimental impact on the neighborhood.

14. Conversion dwellings shall have side yards of not less than 15 feet, and shall not be approved unless plans for such conversion prepared by a registered architect or engineer are submitted which clearly indicate that adequate light, ventilation and fireproofing are provided for, that each dwelling shall have separate kitchen and bath facilities, and that each unit shall be functional, convenient and private.

15. Country club or golf course.

a. The course shall be designed so that golf balls will not be driven over or across any building, building lot, road, access drive, driveway or parking lot. In addition, the golf course design shall minimize the cart path crossing of streets.

b. A minimum separation distance shall be maintained between the golf course and adjoining properties. The following minimum distances shall be measured from the centerline of the golf course to the adjacent property line.

i. Seventy-five feet minimum distance from the centerline of the tee box to the adjacent property line.

ii. One hundred fifty feet minimum distance from the centerline of the landing area to the adjacent property line.

iii. One hundred feet minimum distance from the centerline of the green to the adjacent property line.

c. The area between the edge of the course and the property line shall be utilized for planting, as appropriate, to preserve and protect adjoining properties and views from and of the golf course. Planting areas shall be delineated on the preliminary land development plan. The planting scheme (size, type and location of landscaping) shall be shown on the landscape plan submitted with the final land development plan.

d. All golf course buildings and structures shall be set back 250 feet from any exterior lot line.

e. Any points where the golf course crosses a road shall be signed warning motorists and pedestrians.

f. No outdoor storage of golf carts or maintenance equipment shall be permitted.

g. A golf course may include the following accessory uses:

i. A clubhouse with a pro shop, offices, restaurant/snack bar, game room, and childcare room.

ii. Golf cart maintenance and equipment storage and service facilities.

iii. Practice putting greens and driving range, without outdoor lighting.

16. Drive-through facility.

a. Minimum stacking space requirements.

i. All uses which include a drive-up window or which are characterized by patrons remaining in their vehicles to receive service shall provide on-site stacking spaces in order to alleviate traffic congestion.

ii. Stacking spaces shall be a minimum of 12 feet in width and 20 feet in length.

iii. All stacking areas shall be separate from other vehicular and pedestrian circulation aisles and parking spaces. It is recommended that stacking lanes be separated through the use of landscaped islands bounded by concrete curbing.

iv. The number of stacking spaces required shall be determined by the following schedule:

(1) Restaurant, fast food: a minimum of five spaces as measured from the drive-through window.

(2) Car washes: a minimum of four spaces per car wash bay as measured from the bay.

(3) Financial institutions: a minimum of four spaces for one drive-through window, plus three spaces for each additional drive-through window or automated teller machines (ATM).

(4) Other uses with drive-through windows or similar characteristics: for uses not provided herein, the Planning Commission shall determine the appropriate number of stacking spaces based on a use listed above that most closely approximates the proposed use, or through information provided by the developer or owner of the proposed use, or through consultation with other communities containing uses similar to the one proposed, or through a combination of these methods.

b. Drive-in facilities adjacent to or integrated in a shopping center or cluster of commercial facilities shall use the common access with other business establishments in that center.

c. Exterior microphone/speaker system shall be arranged or screened to prevent objectionable noise impact on adjoining properties.

d. All automated teller machines shall be located so that the on-site movement of vehicles will not be hampered by those cars belonging to persons using the automated teller machines.

17. Dry cleaning processing facility.

a. All materials and equipment shall be stored within a completely enclosed building.

b. The use shall comply with all performance standards specified in this chapter.

c. The storage or manufacture of hazardous or potentially hazardous materials which are not listed on file with the Borough shall not be permitted.

18. Funeral home or mortuary.

a. In addition to the parking area required, consideration shall be given to the determination as to a loading area.

b. The site shall have direct vehicular access to an arterial or collector street.

c. All parking areas shall be effectively screened from abutting residential properties.

19. Garden apartments.

a. Shall not have a lot area per family of less than 2,500 square feet per unit for the first four units, nor less than 1,200 square feet for the fifth and each additional unit in the R-2 District.

20. Garden center, plant nursery, landscaping business or greenhouse.

a. Commercial greenhouse heating plants shall be at least 100 feet from any property line.

b. For commercial greenhouses and garden centers, the retail sales area for a greenhouse shall not exceed 1,200 square feet. The growing area shall not be considered sales area.

21. Gasoline stations, automobile repair, or automobile body shop.

a. The minimum lot area shall be 10,000 square feet.

b. Minimum side yards shall be 10 feet.

c. Access driveways to the service station shall be at least 30 feet from the intersection of any public streets.

d. No tank for the storage of flammable or otherwise hazardous material shall be closer than 40 feet to any property line unless the tank is placed underground. All storage of flammable or hazardous material shall be approved by the Fire Marshall.

e. All minor repair work, vehicle washing, waxing, detailing, lubrication and installation of parts and accessories shall be performed within an enclosed building.

f. All accessory car washing areas shall discharge into public sanitary sewers.

g. All vehicle parts, dismantled vehicles and similar materials shall be stored within an enclosed building or totally screened from view by a solid or privacy fence inside of a row of shrubs or evergreens with, a minimum height of four feet.

h. All vehicles awaiting repair shall be stored on the lot in an approved storage area, and in no case shall said vehicles be stored on or obstruct access to a public right-of-way.

i. All automobile parts and accessories shall be stored within a building, except that automotive parts may be displayed for sale at the fuel pump(s).

j. Junk vehicles shall not be stored in the open at any time.

22. Group residences, group care facilities and institutional facilities shall not be located on lots of less than 8,000 square feet, shall have side yards of not less than 15 feet, shall not be located within 1/4 mile from any other such facility, and shall not be approved unless plans prepared by a registered architect or engineer are submitted which clearly indicate that adequate light, ventilation and fireproofing are provided, and that the dwelling facility and its accommodations shall be functional and convenient with regard to the specific needs of the group to be housed in the facility.

a. A license or certification shall be obtained from the Commonwealth of Pennsylvania, County of Allegheny, or other federal ,state or local agency prior to approval; or if there be no appropriate licensing or certifying agency, the applicant shall submit evidence that the proposal satisfies a demonstrated need and will be conducted in a responsible manner without detriment to surrounding properties.

b. The sponsor shall file annually with the Zoning Officer information that the facility continues to satisfy the conditions of original approval.

c. The sponsoring agencies shall be notified by mail of the annual filing date 30 days prior to such date. Ten days after the filing date, an advertisement will be placed in the local newspapers for one day listing those agencies that have applied for recertification and requesting comments from residents and community organizations within 30 days of the advertisement. Individuals or organizations wishing to file complaints should do so in writing to the Zoning Officer.

d. Change of ownership or of any conditions of original approval shall constitute a new use and the full procedure for obtaining approval of the conditional use shall be required.

23. Halfway house.

a. Halfway houses must be licensed where required by an appropriate government agency(ies), and shall be in compliance with all applicable rules and regulations of the licensing body(ies). A copy of any required license must be delivered to the Borough prior to beginning the use.

b. A halfway house shall be directly affiliated with a parent institution or organization which shall provide full-time supervision and administration to the residents of the house.

c. A common cooking and eating area must be provided; no cooking or dining facilities shall be provided in individual rooms or suites.

d. The residents of the halfway house shall reside on-premises to benefit from the services provided.

e. Necessary permits for water supply and sanitary waste disposal must be obtained.

f. The halfway house shall not be located within 1,000 feet of any the following uses:

i. Child care facility;

ii. Churches and similar places of worship;

iii. Community center;

iv. Library;

v. Museum;

vi. Park;

vii. Playground;

viii. School; and

ix. Other lands where minors congregate.

g. The halfway house shall not be located with 1,000 feet of another halfway house.

h. Each application shall be accompanied by a statement describing the following:

i. The character of the half-way house;

ii. The policies and goals of the half-way house, and the means proposed to accomplish those goals;

iii. The characteristics of the residents and number of residents to be served;

iv. The operating methods and procedures to be used; and

v. Any other facts relevant to the proposed operation of the half-way house.

i. Any use permit granted for the half-way house shall be bound to the type and number of offenders listed on the application.

24. Home occupation.

a. Home occupations, as defined within this chapter, shall be permitted only if it is clearly incidental and secondary to the use of the dwelling unit for residential purposes.

b. No more than 25% of the floor area of the dwelling unit shall be used in the conduct of the home occupation.

c. No one other than family members of the dwelling shall be employed in the home occupation.

d. There shall be no exterior alterations which are not customary in residential buildings, other than one sign as permitted in Article VII of this chapter.

e. Any need for parking generated by the conduct of such home occupation shall be met by providing off-street parking spaces and shall not be situated in a required front yard.

f. There shall be no outdoor storage of material, equipment or products to the home occupation.

g. Such home occupations shall not create noise, vibration, glare, fumes, or odor detectable to the normal senses outside of the dwellings.

h. The use shall not create any additional environmental impact other than those impacts, including but not limited to road infrastructure, traffic, garbage, water and sewage, normally resulting from residential use.

i. There shall be no use of materials or equipment except that of similar power and type normally used in a residential dwelling for domestic or household purposes.

j. There shall be no regular display of merchandise available for sale on the premises; however, merchandise may be stored on the premises for pickup and/or delivery.

k. The home occupation may not occur in an accessory building.

l. If additional parking is required, the egress and ingress shall be provided at acceptable standards.

m. Particular home occupations prohibited. The following uses shall not be considered to be home occupations and shall be limited to the districts in which they are specifically authorized as principal permitted uses, conditioned uses or uses by special exception:

i. Nursery schools, dancing schools, exercise or health centers, and day-care centers.

ii. Funeral homes.

iii. Animal kennels or hospitals.

iv. Tourist homes, rooming houses, unless specifically permitted by the district regulations.

v. Medical or dental clinics or hospitals.

vi. Automobile, track, bus, or boat repairs or rental facilities.

vii. Video game and amusement-arcades.

viii. Theatres and other entertainment and commercial recreation facilities.

ix. Automobile sales, rental, service and repair shops.

x. No spraying of vehicles outside. All work must be done inside a closed area.

xi. Beauty shops and barbershops containing more than one chair.

xii. Hospitals, nursing homes, group living facilities.

xiii. Private clubs.

xiv. Private instruction to more than three students at a time.

xv. Restaurants.

n. Small family child day-care homes, as defined by this chapter, shall be considered a home occupation, provided that:

i. All of the foregoing standards for a home occupation are met.

ii. All standards and criteria of § 1104.8 are met.

o. Any approved home occupation which requires any type of public access to the dwelling must obtain all required approvals from the Pennsylvania Department of Labor and Industry.

25. Hospital.

a. The facility operator shall meet all state and federal rules and regulations for hospital facilities.

b. Minimum lot area: five acres.

c. Minimum street frontage: 300 feet.

d. Public/community sewer and public/community water shall be used.

e. The subject property shall have frontage along an arterial roadway as defined in the Heidelberg Borough Comprehensive Plan, as amended.

f. All height, area, setback and coverage standards within the underlying district shall apply.

g. Emergency entrances shall be located on a building wall facing away from adjoining residentially zoned properties.

h. The institution shall submit a copy of its emergency operations plan (EOP) to the Borough. The EOP shall include detailed information regarding solid, medical and hazardous materials and waste handling including a listing of all medical and hazardous materials and wastes used and generated on site and evidence indicating the disposal of all materials and wastes will be accomplished in a manner that complies with state and federal regulations. The applicant shall provide documentation of compliance to the Zoning Officer from the applicable state or federal agency.

26. (Reserved)

27. Kennel.

a. All animals shall be confined to the property.

b. Adequate methods for sanitation and sewage disposal shall be provided.

c. Outdoor runs shall be located a minimum of 200 feet from any dwelling not located on the same lot.

d. Outdoor runs shall be screened with a solid fence to reduce the potential for inciting dogs to bark due to external influences.

e. A site plan, drawn to scale, shall accompany the application indicating the location of existing and/or proposed parking facilities, buildings, runs and other physical features.

28. Long-term nursing care facility.

a. The long-term nursing care facility shall meet all licensing requirements of the Commonwealth of Pennsylvania Department of Health.

b. The facility shall have direct access to an arterial or collector street.

c. The long-term nursing care facility shall be the sole occupant of the lot

d. Access drives shall be located to take maximum advantage of sight distances for motorists and shall be as remote as possible from street intersections.

e. Parking areas shall be screened from view of neighboring houses or those directly across the street from the lot.

f. Buildings shall be set back from one another and residential occupancy shall be in conformance with this chapter.

29. Mobile home park.

a. A mobile home park shall only include mobile homes of single width or multiple widths, but shall not include travel trailers or motor homes.

b. The tract of land to be developed for a mobile home park shall be in single and separate ownership.

c. Any parcel to be used as a mobile home park shall have a minimum size of five acres.

d. Any site proposed for a mobile home park shall not be subject to any nuisance, such as excessive noise, vibration, smoke, toxic matter, radiation, heat, odors or glare.

e. Every area to be used as a mobile home park must be served exclusively by an approved public or community water supply system and waste disposal system. In the case of community systems a maintenance and ownership agreement shall be required.

f. Density - The total number of lots in a mobile home park shall not exceed a maximum density of eight lots per acre.

g. Yard and Area Regulations - The following yard setback and lot area regulations shall apply to all mobile home parks developed pursuant to this section.

i. Setback from tract boundary: No mobile home, auxiliary park buildings and other park structures may be located closer than 75 feet to any boundary of a mobile park regardless of whether that boundary abuts a lot, water body, road or other right-of-way.

ii. Lot area: All mobile home lots in a mobile home park, regardless of tenure, shall have a minimum lot size of 5,000 square feet.

iii. Lot width: No individual mobile home lot shall be less than 50 feet in width at the building setback line.

iv. No individual mobile home lot shall be less than 25 feet in width at the right-of-way line or the edge of the pavement of a private street, measured 50 feet from the center line of a public or private street or right-of-way, as applicable.

v. Building area: The maximum coverage of any individual mobile home lot by all primary and accessory buildings and structures, including covered patios or decks, shall not exceed 40%.

vi. Minimum structure setbacks.

(1) Front yard: In no case shall the long side of a mobile home be located closer than 30 feet from the edge of the street right-of-way; provided, however, that the short side (ends of unit) of a mobile home may be located no closer to the street right-of-way than 25 feet.

(2) No more than six mobile homes in a row shall have the same setback distance; where varied setbacks are implemented, the difference shall be at least four feet.

(3) Side and rear yards: No mobile home or accessory building may be located closer than 10 feet to any side or rear lot line of an individual mobile home lot.

vii. Distance between structures: mobile homes and roofed structures of areas attached thereto shall be separated from each other, and from other buildings, other than accessory structures, at their closest points by a minimum of 20 feet; provided, however, that whenever two mobile homes have their longer sides parallel or essentially parallel to each other for more than 25% of the length of either the minimum distance between the two mobile homes shall be 30 feet.

30. Motel, hotel or inn.

a. Developments related to a hotel/motel or hotel-office complex shall not exceed 60 feet in height and a hotel-office complex must be integrated into one contiguous structure. In those cases where the lot or parcel of ground to be developed is irregular in shape and bordered on at least two sides by nonaccessible highways, the Council may deviate from otherwise applicable lot area coverage provisions and setback requirements of this chapter.

b. Parking shall be as required by the Council and shall be based on the single or combined use or uses of the property. Requirements for parking shall take into consideration the established number of parking spaces set forth in Article VI but such section shall not be binding on the Council.

c. Fire safety precautions shall be as finally determined by the Council upon recommendation of the Fire Marshal's office.

d. All entrances to motel or hotel rooms shall be through an interior hallway. No exterior door access shall be permitted from hotel or motel rooms.

31. Office use, if the following requirements are met:

[Added 7-29-2014 by Ord. No. 615]

a. The building must have been previously used and designed as a school.

b. Off-street parking must be provided for vehicles, at least one stall per 1,000 square feet of floor space actually used for activity, such parking to be on the same parcel as the building, with parking areas to be dust-free and marked.

c. The building may not be open to the general public between 6:00 p.m. and 6:00 a.m., with the exception that if the building is being used for a Borough-approved meeting subject to any agreement between the Borough and the building owner, then such meeting shall not be subject to such hour limitation.

d. No commercial truck deliveries of supplies may be made between 6:00 p.m. and 6:00 a.m., nor shall commercial garbage disposal pickup be made during those hours.

e. No signs are permitted on the building except in accordance with § 112-701.5 pertaining to permitted signs in the R-1 District.

f. Any exterior lighting for the building or parking area shall be of a low-intensity type which does not cast glare on neighboring properties.

g. Parking of commercial trucks shall not be permitted except during actual delivery or pick up of goods.

h. To the maximum extent feasible, the building shall maintain its existing configuration, size and exterior appearance, except for changes in windows, doors and roofs to increase energy efficiency or changes needed to meet applicable regulations. The building may not be enlarged, nor shall additional buildings be built, unless necessary to comply with applicable regulations.

i. The proposed use will not cause a health or safety hazard.

32. Older adult daily living center.

a. The older adult daily living center shall meet all requirements of the PA Code Title 6 Aging, Part 1, Department of Aging, Chapter 11, Older Adult Daily Living Centers, Subchapter A, Licensure and Operation Requirements.

b. The facility shall have direct access to an arterial or collector street.

c. The maximum impervious surface ratio shall be 50%.

d. Access drives shall be located to take maximum advantage of sight distances for motorists and shall be as remote as possible from street intersections.

e. Parking areas shall be screened from view of neighboring houses or those directly across the street from the lot.

33. Personal care home.

a. The personal care home shall meet all licensing requirements of the Commonwealth of Pennsylvania Department of Public Welfare.

b. The personal care home shall be the sole occupant of the lot.

c. Access drives shall be located to take maximum advantage of sight distances for motorists and shall be as remote as possible from street intersections.

d. Parking areas shall be screened from view of neighboring houses or those directly across the street from the lot.

e. Buildings shall be set back from one another and residential occupancy shall be in conformance with this chapter.

34. Personal storage facility.

a. The storage of hazardous materials such as toxic or explosive substances is prohibited.

b. Wholesale or retail sales, garage sales, flea market, or outside storage is prohibited.

c. The maximum size of the individual storage units shall be 500 square feet.

d. Hours of operation and activities must be appropriately scheduled to protect the operation of the surrounding neighborhood from detrimental noise, dust, odor, vibration, light or other disturbance or interruption.

e. The lot shall have direct ingress/egress to a public collector or arterial road, as defined by this chapter, and points of ingress/egress shall not be through a road on which the current use of the majority of lots fronting on the road is one-family dwellings.

f. Vehicular access to the lot shall be limited to one two-way or two one-way driveways from each arterial or collector road on which the lot has frontage.

g. All one-way driveways shall have a minimum of one ten-foot parking lane, plus one fifteen-foot travel lane.

h. All two-way driveways shall provide a minimum of one ten-foot parking lane, plus two twelve-foot travel lanes. Parking lanes may be eliminated where the driveway does not serve storage units.

i. All interior driveways shall be paved with an impervious surface sufficient for the loads the driveways are expected to bear.

j. A minimum eight-foot fence with a self-latching gate shall be placed surrounding the property. The fence shall be supplemented with screening material which creates a visual barrier that is at least 80% opaque.

k. The minimum distance from the face of any storage building to the face of any adjacent storage building shall be 28 feet for storage units which are less than 15 feet in depth and 42 feet for storage units which are more than 15 feet in depth.

l. The minimum distance from the end of any storage building to the end of any adjacent storage building shall be 20 feet.

m. The maximum length of any storage building shall be 200 feet.

n. Maximum lot coverage by all buildings shall be 40%.

o. Office space may be provided which shall not exceed 5% of the total floor area devoted to storage.

p. Storage shall occur completely within enclosed buildings.

q. Storage units shall not be equipped with water or sanitary sewer service.

r. No business activity other than rental of storage units shall be conducted on the premises.

35. Recreation facilities shall not be located on lots of less than 10,000 square feet, shall have front, side, and rear yards of not less than 25 feet.

36. Theater.

a. The proposed use shall have direct access to an arterial or collector street.

b. Access drives shall be located to take maximum advantage of sight distances for motorists and shall be as remote as possible from street intersections.

37. Transportation terminal.

a. The proposed use shall have direct access to an arterial street.

b. Access drives shall be located to take maximum advantage of sight distances for motorists and shall be as remote as possible from street intersections.

c. Maximum lot coverage by all building shall be 40%.

d. Shall not be located on lots of less than two acres, shall have side yards of not less than 25 feet, and shall not have any tank for the storage of flammable or otherwise hazardous material closer than 40 feet to any property line.

38. Townhouses.

a. Shall not have a lot area per family of less than 3,000 square feet per unit for the first two units, nor less than 2,500 square feet for the third and each additional unit in the R-2 District.

b. All off-street parking spaces shall be incorporated into the building. Guest parking shall be located no more than 300 feet from each townhouse.

c. All dumpsters and/or waste collection areas shall be located at minimum of 50 feet from the nearest residential unit and shall be enclosed by a solid masonry screen.

d. The primary entrance to the multifamily residential units shall be from a primary public or private road.

e. The maximum number of contiguous units shall be 10.

39. Utility structures.

a. A solid wooden fence shall be required to completely screen the structure. A six-foot-high row of shrubs or evergreens shall be planted around the exterior of the fence.

40. Wholesale business.

a. Must have access to a collector street.

b. Parking areas shall be screened from all buildings.

41. Warehouse facilities.

a. Must have access to a collector street.

b. The use shall not include the on-site storage of toxic chemicals or other hazardous wastes.

c. All parking areas shall be effectively screened from abutting properties.

42. (Reserved)

43. Alternative energy facilities.

a. Alternative energy facilities shall only be permitted as an accessory use to a principal land use.

b. Alternative energy uses shall be reviewed through the conditional use process.

c. Borough zoning approval is required prior to the construction of any wind energy facility on any site or lot.

i. The zoning permit application shall indicate the location of the proposed facility.

d. The applicant shall demonstrate through project planning and proposed mitigation that a proposed facility's impacts will be minimized for surrounding properties and the community. This may include, but not be limited to, information regarding site selection, facility design or appearance, buffering, and screening of ground-mounted electrical control equipment.

e. Where the installation of the facility constitutes a land development, all provisions of applicable ordinances shall be met.

f. Solar energy facilities.

[Amended 11-10-2020 by Ord. No. 645, approved 11-10-2020]

i. Accessory solar energy facilities shall be permitted in all zoning districts, provided that they comply with the Pennsylvania Uniform Construction Code and regulations promulgated by the Pennsylvania Department of Labor and Industry;

ii. All electrical components of solar energy facilities shall conform to relevant and applicable local, state and national codes, and relevant and applicable international standards.

g. Wind energy facilities.

i. Accessory wind energy facilities shall be permitted by conditional use in the M - Manufacturing Zoning District.

ii. Noise from any wind energy facility shall not exceed 15 decibels at the lot line, unless all affected adjacent property owners shall have executed a nondisturbance easement, covenant, or consent which has been recorded in the Allegheny County Department of Real Estate. Methods for measuring and reporting acoustic emissions from the facility shall be equal to or exceed the minimum standards for precision described in American Wind Energy Association (AWEA) Standard 2.1-1989, titled "Procedures for the Measurement and Reporting of Acoustic Emissions from Wind Turbine Generation Systems Volume I: First Tier."

iii. Construction of any wind energy facility shall comply with all rules, laws and regulations of the United States Federal Aviation Administration. Documentation of compliance shall be provided to the Borough.

iv. To the extent applicable, all wind energy facilities shall comply with the Pennsylvania Uniform Construction Code and regulations promulgated by the Pennsylvania Department of Labor and Industry.

v. All electrical components of wind energy facilities shall conform to relevant and applicable local, state and national codes, and relevant and applicable international standards.

vi. Wind energy facilities shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.

vii. Wind energy facilities shall not display advertising, except for reasonable identification nameplate of the facility manufacturer, not greater than one square foot in size.

viii. Transmission and power lines shall be placed underground or out of sight.

ix. Yard/setbacks requirements:

(1) Minimum lot area: two acres.

(2) From buildings: 1.1 times the height of the wind energy facility at its tallest point, measured from the bottom of the facility base to the highest reach of any moveable or immobile part; except where the facility is mounted to a building, the setback shall not be required between the facility and the building to which it is attached.

(3) From property lines: 1.1 times the height of the wind energy facility at its tallest point, measured from the bottom of the facility base to the highest reach of any moveable or immobile part or the principal structure setback for the district, whichever is greater.

(4) From public roads: 1.1 times the height of the wind energy facility at its tallest point, measured from the bottom of the facility base to the highest reach of any moveable or immobile part or the principal structure setback for the district, whichever is greater.

(5) Each vertically oriented wind energy facility mounted on a building shall be separated from any other wind energy facility by 1.1 times the height of the facility, measured from the point at which the facility is mounted to the building to the highest reach of any moveable or immobile part of the facility.

(6) Any wind energy facility that is an accessory structure shall meet the applicable accessory structure setbacks that may apply in the zoning district within which the facility is constructed, and where no setback or a lesser setback is specified, the facility shall be no closer than 15 feet from the property line or the distance set forth above being 1.1 times the height of the facility, measured from the base to the highest moveable or immobile part, whichever is greater.

x. Maximum height: Where the facility is an independent structure and not mounted to a building, 50 feet maximum height in all zoning districts, measured from ground level to the tip of the wind energy facility's blade fully extended perpendicular to the ground plane. Where the facility is mounted to a building, the maximum height shall be 10 feet higher than the tallest point on the building.

xi. Minimum vertical clearance between ground level and the lowest moveable component of the wind energy facility when at its lowest point: 15 feet.

xii. The color shall be a neutral and nonreflective tone, such as white, off-white or gray. The facility coloring shall be solid and any alphabetical or numerical characters shall be representative of the facility manufacturer only and shall comprise no more than one square foot in size.

h. Geothermal energy facilities.

i. Accessory geothermal energy facilities shall be permitted by conditional use in the M - Manufacturing Zoning District.

ii. Geothermal energy facilities shall not display advertising, except for reasonable identification nameplate of the facility manufacturer, not greater than four square feet in size.

iii. Transmission and power lines shall be placed underground or out of sight.

iv. Geothermal energy facilities shall meet the accessory structure setbacks that may apply in the zoning district within which the facility is constructed, and where no such setback is specified, the facility shall be no closer than 10 feet from any property line.

v. A design certification by a certified engineer shall be required, consisting of the proposed foundation design and analysis of soil conditions.

vi. All geothermal energy facilities and any associated equipment shall comply with all area, dimensional, and yard setbacks for the zoning district in which the facility is located, as well as any other zoning provisions that apply, including buffering and landscaping.

vii. Required landscape buffering may be modified so that tall tree species may be replaced with lower-growing tree species where the required tree species may interfere with the functioning of the geothermal energy facility, only where the required landscape buffer is adjacent to property where nonresidential uses are permitted.

viii. Secure perimeter fencing shall be installed around the geothermal energy facility. The fencing shall not be constructed within any required landscape buffer or setback. The fencing shall be chain link construction with rubberized coating in neutral earth tone colors such as black or brown. The fence shall be supplemented with screening material which creates a visual barrier that is at least 80% opaque.

44. Portable storage structure.

a. One portable storage structure may be placed on a residential lot without an active building permit subject to the following conditions and limitations:

i. Prior to placement of the portable storage structure on the lot, the property owner shall apply for and obtain a portable storage structure permit from Zoning Administration;

ii. Portable storage uses shall only be permitted as a temporary accessory use to a principal land use;

iii. Multifamily dwellings are allowed one portable storage structure per dwelling unit and the portable storage structures shall not be placed in required parking spaces or in required yards;

iv. The permits for the portable storage structures shall be conditional permits and each residential lot is limited to a maximum of three thirty-day permits within any twelve-month period;

v. The portable storage structure shall not exceed 160 square feet in area and 10 feet in height;

vi. The portable storage structure shall not be permitted in any required yards;

vii. The portable storage structure shall not encroach on public property or public rights-of-way;

viii. No mechanical, plumbing or electrical installations or connections are to be made to the portable storage structure;

ix. The portable storage structure shall have clearly posted on the exterior of the unit a copy of the current permit issued for the portable storage structure, and the date the portable storage structure was placed at the site; and

x. The conditional permit approval for the portable storage structure may be revoked by the Zoning Administrator at any time should the property owner's utilization of such portable storage structure result in unsafe or unsanitary conditions on the site or upon violation of any of the conditions or limitations stated herein.

45. Portable refuse storage structure (dumpsters, bagsters, etc.).

a. One portable refuse storage structure may be placed on a residential lot without an active building permit subject to the following conditions and limitations:

i. Prior to placement of the portable refuse storage structure on the lot, the property owner shall apply for and obtain a portable refuse storage structure permit from Zoning Administration;

ii. Multifamily dwellings are allowed one portable refuse storage structure per dwelling unit and the portable refuse storage structures shall not be placed in required parking spaces or in required yards;

iii. The permits for the portable refuse storage structures shall be conditional permits and each residential lot is limited to a maximum of three thirty-day permits within any twelve-month period;

iv. The portable refuse storage structure shall not exceed 160 square feet in area and 10 feet in height;

v. The portable storage structure shall not be permitted in any required yards;

vi. No mechanical, plumbing or electrical installations or connections are to be made to the portable refuse storage structure;

vii. The portable refuse storage structure shall have clearly posted on the exterior of the unit a copy of the current permit issued for the portable storage structure, and the date the portable refuse storage structure was placed at the site; and

viii. The conditional permit approval for the portable refuse storage structure may be revoked by the Zoning Administrator at any time should the property owner's utilization of such portable refuse storage structure result in unsafe or unsanitary conditions on the site or upon violation of any of the conditions or limitations stated herein.

46. Any principal use not specifically listed.

a. Uses which are not specifically listed as permitted or conditional uses in any zoning district may be authorized in the M Manufacturing District by the Heidelberg Borough Council as conditional uses.

b. In order to obtain a conditional use under this section, the applicant bears the burden of establishing the following to the satisfaction of the Council:

i. The proposed use must be fully consistent and in harmony with the purpose of the district in which it will be located.

ii. The impact of the use on the environment and adjacent streets is equal to or less than any use specifically permitted as a permitted or conditional use in the subject district.

iii. In determining the impact on the environment and adjacent properties, the Council shall consider such development characteristics as the number of employees, the floor area of the proposed building devoted to the proposed use, the type of products involved, the materials, equipment or services involved, the magnitude of walk-in trade, traffic generation, parking demand, environmental impacts, and any other information that Council determines will aid in determining the impact of the use.

iv. The proposed use shall comply with the expressed standards and criteria of the zoning district in which the use is to be located and all other requirements of this chapter.

v. The proposed use shall be in accordance with the community development objectives of this chapter and the Comprehensive Plan, as adopted and amended.

c. Prior to the public hearing before the Borough Council, the applicant shall submit all studies, documents and testimony which the applicant wishes to be considered in connection with the conditional use application, for review and recommendation by the Borough Planning Commission.

d. When granting a conditional use pursuant to this section, the Council may impose any reasonable conditions it believes are necessary to ensure compliance with this chapter.