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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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:
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.
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.
The proposed use will be adequately served by existing storm and
sanitary drainage facilities, public water, access streets and other
necessary facilities.
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]
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.
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.
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:
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.
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.
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.
Access drives shall be located to take maximum advantage of sight
distances for motorists and shall be as remote as possible from street
intersections.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Interference prohibited. Communications antennas shall not cause
radio frequency interference with any other communications facility
located in the Borough.
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.
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.
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.
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.
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.
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.
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.
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.
Aviation regulations. Communications towers shall comply with
all applicable Federal Aviation Administration, Commonwealth Bureau
of Aviation and applicable airport zoning regulations.
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.
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.
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.
Communications facilities proposed or permitted by conditional
use shall meet all standards set forth above, and must comply with
the following additional requirements.
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.
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.
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.
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.
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.
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.
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:
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:
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.
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.
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.
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.
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.
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.
Tree cover for the subject property and adjacent
properties, by dominant species and average height, as measured by
or available from a verifiable source.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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).
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.
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.
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.
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.
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.
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.
All minor repair work, vehicle washing, waxing, detailing, lubrication
and installation of parts and accessories shall be performed within
an enclosed building.
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.
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.
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 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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:
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.
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.
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.
Access drives shall be located to take maximum advantage of
sight distances for motorists and shall be as remote as possible from
street intersections.
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.
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.
Yard and Area Regulations - The following yard setback and lot
area regulations shall apply to all mobile home parks developed pursuant
to this section.
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.
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.
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%.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Access drives shall be located to take maximum advantage of
sight distances for motorists and shall be as remote as possible from
street intersections.
Access drives shall be located to take maximum advantage of
sight distances for motorists and shall be as remote as possible from
street intersections.
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.
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.
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.
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.
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.
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.
Access drives shall be located to take maximum advantage of
sight distances for motorists and shall be as remote as possible from
street intersections.
Access drives shall be located to take maximum advantage of
sight distances for motorists and shall be as remote as possible from
street intersections.
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.
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.
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.
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.
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.
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;
All electrical components of solar energy facilities shall conform
to relevant and applicable local, state and national codes, and relevant
and applicable international standards.
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."
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.
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.
All electrical components of wind energy facilities shall conform
to relevant and applicable local, state and national codes, and relevant
and applicable international standards.
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.
Wind energy facilities shall not display advertising, except
for reasonable identification nameplate of the facility manufacturer,
not greater than one square foot in size.
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.
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.
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.
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.
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.
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.
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.
Geothermal energy facilities shall not display advertising,
except for reasonable identification nameplate of the facility manufacturer,
not greater than four square feet in size.
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.
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.
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.
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.
One portable storage structure may be placed on a residential
lot without an active building permit subject to the following conditions
and limitations:
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;
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;
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;
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
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.
One portable refuse storage structure may be placed on a residential
lot without an active building permit subject to the following conditions
and limitations:
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;
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;
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;
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
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.
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.
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:
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.
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.
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.
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.
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.