A.
This article establishes additional requirements for certain specific
uses, in addition to the other requirements of this chapter. Where
two requirements directly conflict regarding the same matter, the
stricter requirement upon use or development shall apply.
A.
Each of the following uses shall meet all of the following requirements
for that use:
(1)
Adult use. (This is limited to the following: adult store, adult
movie theater, massage parlor, or adult live entertainment facility.)
(a)
Purposes. The regulations on adult uses are intended to serve
the following purposes, in addition to the overall objectives of this
chapter.
[1]
To recognize the adverse secondary impacts of adult uses that
affect health, safety and general welfare concerns of the Borough.
These secondary impacts have been documented in research conducted
across the nation. These secondary impacts typically include, but
are not limited to: increases in criminal activity, increases in activities
that increase the risk of transmission of sexually transmitted diseases,
increases in activities that increase the risk of transmission of
other communicable diseases, increases in blight, decreases in the
stability of residential neighborhoods, and decreases in property
values for surrounding homes, and decreases in the marketability of
nearby commercial business space. The research conducted across the
nation concludes that adult uses typically involve insufficient self-regulation
to control these secondary effects.
[2]
To limit adult uses to locations where these secondary impacts
can be minimized, particularly as they affect residential neighborhoods
and commercial revitalization.
[3]
To not attempt to suppress any activities protected by the "free
speech" protections of the State and U.S. Constitutions, but instead
to control secondary effects.
(b)
An adult use and its parking area shall not be located within
any of the following distances, whichever is most restrictive:
[1]
Four hundred linear feet from an existing dwelling on another
lot;
[2]
Two hundred fifty linear feet from the lot line of any lot in
a residential zoning district; and
[3]
Five hundred linear feet from the lot line of any primary or
secondary school, place of worship, library, public park or playground,
recreation trail, day-care center or nursery school.
(c)
No adult use shall be located within 250 linear feet from any
existing "adult use."
(d)
A fifty-foot buffer yard shall be provided along the side and
rear lot lines. If such buffer area does not include substantial mature
trees that will be preserved, it shall include continuous screening
by evergreen trees with an initial height of five feet.
(e)
No pornographic material, displays or words shall be placed
in view of persons who are not inside of the establishment. Definite
precautions shall be made to prohibit minors from entering the premises.
(f)
No adult use shall be used for any purpose that violates any
federal, state or municipal law.
(g)
Pornographic and sexually explicit signs and displays shall
be prohibited that are visible from outside of the premises.
(h)
An adult use shall be prohibited in all districts except where specifically allowed under Article IV. An adult use is a distinct use, and shall not be allowed under any other use, such as a retail store or club.
(i)
A minimum lot area of one acre is required.
(j)
For public health reasons, private viewing booths of any kind
are prohibited. This specifically includes, but is not limited to,
booths for viewing adult movies or nude dancers.
(k)
No use may include live actual or simulated sex acts nor any
sexual contact between employees and entertainers nor or between employees
or entertainers and customers.
(l)
Only "lawful" massages as defined by state court decisions shall
be performed in a massage parlor. A use that involves massages by
state-licensed massage therapists shall be considered a personal service
use and not a massage parlor.
(m)
Any application for such use shall state the legal name(s) of
an on-site manager responsible to ensure compliance with this chapter
on a daily basis. A telephone number, official mailing address and
e-mail address shall be provided where the on-site manager can be
reached during the hours when the business is open. The application
shall also include contact information, including the legal name,
business phone number and official mailing address for at least one
individual who is the primary owner, a corporate official, a partner
or the largest shareholder of the business. Such information shall
be updated in writing to the Zoning Officer within one business day
after it changes.
(n)
The use shall not operate between the hours of 12:00 midnight
and 7:00 a.m. If state liquor laws require that the Borough allow
the sale of alcohol during later hours, the adult uses shall still
cease at midnight.
(o)
As specific conditions of approval under this chapter, the applicant
shall prove compliance, where applicable, with the following state
laws, as amended: the Pennsylvania Liquor Code, Act 219 of 1990[1] (which pertains to sale or consumption of alcohol between
2:00 a.m. and 8:00 a.m.), Act 207 of 1990[2] (which pertains to obscenity), and Act 120 of 1996[3] (which pertains to adult-oriented establishments and which
limits enclosed viewing booths among other matters).
(p)
An adult use shall be open to inspections during business hours
by Borough zoning code enforcement staff, including health inspectors.
(3)
After hours club. This use is effectively prohibited by State Act
219 of 1990,[4] as amended (Section 7327 of Title 18 of the Pennsylvania
Statutes). If the use is determined to be allowed under state law,
then the applicant shall be a special exception use that is only allowed
in the GIC District. In such case, the applicant shall prove to the
satisfaction of the Zoning Hearing Board that there will be adequate
security and noise control measures.
[4]
Editor's Note: See 18 Pa.C.S.A. § 7327.
(4)
Animal cemetery.
(a)
All the regulations for a "cemetery" in this section shall apply.
(b)
The applicant shall prove to the satisfaction of the Zoning
Officer (or the Zoning Hearing Board in the case of a special exception
use) that the use will be conducted in such a manner that the public
health and groundwater quality will not be threatened.
(5)
Animal day care.
(a)
This use shall involve providing temporary care and recreation
for multiple dogs and household pets. This use shall primarily involve
housing the animals indoors within an enclosed air-conditioned building
that is soundproofed if the animals will be within 300 feet from an
existing dwelling on another lot.
(b)
This use shall not primarily involve the keeping of animals
for more than 24 hours, unless the requirements are also met for a
kennel.
(c)
The applicant shall describe in writing measures that will be
used to avoid noise or odor nuisances for occupants of neighboring
uses. Animal waste shall be collected and properly disposed of on
a regular basis and shall be stored in a sanitary manner in an enclosed
container that will avoid odor, vector and insect nuisances to neighboring
properties.
(d)
Buildings shall be adequately soundproofed so that sounds generated
within the buildings cannot routinely be heard within any principal
building on another lot.
(e)
The applicant shall describe how outdoor runs will or will not
be used during various hours.
(6)
Animal waste to energy facility.
(a)
All waste storage, disposal, incineration or processing shall
be at least 100 feet from the following: public street right-of-way,
exterior lot line or 100-year floodplain.
(b)
All waste storage, disposal, incineration or processing shall
be a minimum of 200 feet from any residential district.
(c)
The applicant shall prove to the satisfaction of the Zoning
Hearing Board that the use will include the best available methods
to minimize noxious odors off of the tract.
(d)
Minimum lot area: six acres.
(e)
The applicant shall provide evidence to the Zoning Hearing Board
that sufficient measures will be put into place to minimize the attraction,
harborage or breeding of insects, rodents or vectors.
(f)
Dangerous materials. No radioactive, chemotherapeutic or infectious
materials may be stored, processed, disposed or incinerated.
(g)
All loading and unloading and processing of waste shall only
occur within an enclosed building, and over an impervious surface
that drains to a holding tank that is then adequately treated, or
similar methods approved by the Zoning Hearing Board.
(h)
Trucking and heavy equipment activities and activities that
generate noise heard on a residential lot shall not be conducted between
10:00 p.m. and 7:00 a.m.
(7)
Apartments. See "townhouses and multifamily dwellings (apartments)"
and "conversions" in this section.
(8)
Assisted living facility/personal care home. The standards for "nursing
homes" in this section shall apply.
(9)
Auto, boat or mobile/manufactured home sales.
(a)
No vehicle, boat or home on display shall occupy any part of the street right-of-way or required customer parking area. See buffer yard provisions in § 319-63 and the paved area setback requirements in § 319-46. Items shall not be parked in a manner that obstructs safe sight distances at driveways and intersections. See the clear sight triangle requirements in § 319-63. Areas used to park vehicles that are offered for sale are not required to meet the parking lot dimensional requirements.
(c)
Any mobile/manufactured homes on a sales site shall meet the
required principal building setbacks from the perimeter lot lines.
(d)
This use shall encompass sales and rental of all types of motor
vehicles and trailers, including recreational vehicles.
(10)
Auto repair garage.
(a)
All paint work shall be performed within a building, with a
fume collection and ventilation system that directs fumes away from
any adjacent dwellings. Outdoor major repairs (such as body work and
grinding) and outdoor welding shall not occur.
(c)
Outdoor storage of motor vehicles shall not be within any required
buffer yard or street right-of-way. Motor vehicles shall not be parked
on a public sidewalk.
(d)
Overnight outdoor storage of "junk" other than permitted vehicles
shall be prohibited within view of a public street or a dwelling.
(e)
Any "junk vehicle" (as defined by § 319-87) shall not be stored for more than 30 days within view of a public street or a dwelling, unless it is actively under repair. After 30 days, the vehicle shall be moved to a fenced area screened by landscaping or a building from view of the public street or a dwelling, and which is set back a minimum of 20 feet from a street right-of-way line and a minimum of 50 feet from a residential lot line. Junk vehicles shall only be stored on site while awaiting an insurance claim or if they are actively under repair or awaiting parts on order. Vehicles shall not be parked on a public sidewalk.
(f)
Service bay doors shall not face directly towards an abutting
dwelling (not including a dwelling separated from the garage by a
street) if another reasonable alternative exists.
(11)
Auto service station.
(a)
See definition of this term and "auto repair garage" in Article XV. The uses may be combined, if the requirements for each are met.
(b)
All activities except those to be performed at the fuel or air
pumps shall be performed within a building. The use shall not include
spray painting.
(c)
Fuel pumps shall meet side yard principal building setback requirements.
(d)
The regulations for "auto repair garage" in the above subsection
shall also apply to an auto service station.
(e)
The use may include a convenience store if the requirements
for such use are also met.
(f)
A canopy shall be permitted over the gasoline pumps with a minimum
front setback of 15 feet from each street right-of-way line.
[1]
Such canopy may be attached to the principal building. The canopy
shall not include any signs, except for the following: a) signs may
be attached to the canopy in place of part of the allowed freestanding
or wall sign area for the property; and b) necessary warning signs.
(g)
Fuel dispensers shall be set back a minimum of 30 feet from
the existing street right-of-way line and 50 feet from any lot line
of a lot occupied by a residential use.
(h)
Gas station canopies must be designed with luminaries recessed under the canopy to minimize light pollution onto streets and other lots. See also limits on lot line lighting in Article X.
(i)
Gas stations may include a car wash if the requirements for
a car wash are also met.
(12)
Bed-and-breakfast inn.
(a)
Within a residential district (if permitted under Article III), a maximum of five rental units (such as a bedroom or set of rooms jointly rented as part of the bed-and-breakfast) shall be provided in the RLD District and six rental units in other residential districts, except: a maximum of eight rental units shall be allowed for a lot including more than 3,000 square feet of building floor area that fronts upon State Street or Main Street. No more than three adults may occupy one rental unit. No maximum number of rental units shall apply within other allowed districts.
(b)
One off-street parking space shall be provided for each rental
unit. The off-street parking spaces for the bed-and-breakfast inn
shall be located either to the rear of the principal building or screened
from the street and abutting dwellings by landscaping.
(c)
There shall not be any signs, show windows or any type of display
or advertising visible from outside the premises, except for a single
sign with a maximum sign area of six square feet on each of two sides
and with a maximum height of eight feet. Such sign shall only be illuminated
externally and shall use incandescent light or light of similar effect.
(d)
The use shall have a residential or historical appearance.
(e)
The use shall be operated and/or managed by permanent residents
of the lot.
(f)
There shall not be separate cooking facilities in any guest
room. Food shall only be served to guests who are staying overnight,
unless a restaurant is also permitted.
(g)
No guest shall reside in the bed-and-breakfast inn for more
than 30 total days in any ninety-day period.
(13)
Boardinghouse (includes rooming house).
(a)
Minimum lot area: 20,000 square feet.
(b)
Minimum side yard building setback: 15 feet each side.
(c)
Minimum lot width: 100 feet.
(d)
Maximum density: six bedrooms per acre; but in no case shall
the lot serve a total of more than 20 persons.
(e)
Each bedroom shall be limited to two adults each, and may include
their minor children. In addition, the use shall meet the occupancy
limits of the Property Maintenance Code.
(f)
A buffer yard with screening meeting § 319-63D shall be provided between any boardinghouse building and any abutting dwelling.
(g)
Note: There are separate standards for an assisted living facility,
which is not considered a boardinghouse.
(h)
Signs shall be limited to two wall signs with a maximum of two
square feet each.
(i)
Rooms shall be rented for a minimum period of five consecutive
days.
(14)
Car wash.
(a)
Traffic flow and ingress-egress shall not cause traffic hazards
on adjacent streets. On-lot traffic circulation channels and parking
areas shall be clearly marked.
(b)
Adequate provisions shall be made for the proper and convenient
disposal of refuse. The applicant shall provide evidence that adequate
measures will be in place to prevent pollutants from being washed
into the groundwater or waterways. Any chemicals or polluted runoff
that may be hazardous to aquatic life shall be stored within an area
that will completely contain any leaks, spills or polluted runoff.
(c)
Water from the car wash operation shall not flow onto sidewalks
or streets in such a manner as could cause ice hazards or runoff problems.
Wash water shall be properly collected and shall not flow into a waterway.
To the maximum extent feasible, water should be recycled.
(d)
Any car wash that is located within 250 feet of an existing
dwelling shall not operate between the hours of 10:00 p.m. and 7:00
a.m.
(15)
Cemetery.
(a)
Minimum lot area: 1.5 acres, which may be on the same lot as
an allowed place of worship.
(b)
All structures and graves shall be set back a minimum of: 20
feet from the right-of-way of any public street; 10 feet from the
cartway of an internal driveway; and 10 feet from any other lot line.
Any buildings with a height greater than 20 feet shall be set back
a minimum of 50 feet from all lot lines.
(c)
No grave sites and no buildings shall be located within the
100-year floodplain.
(d)
The applicant shall prove to the satisfaction of the Zoning
Officer, based upon review by the Borough Solicitor, that the use
will include an appropriate financial system to guarantee perpetual
maintenance.
(e)
The internment or spreading of cremated remains are not regulated
by this chapter.
(16)
Crematorium.
(a)
Minimum lot area: 30,000 square feet. A crematorium may be on
the same lot as a cemetery, provided the requirements for each are
met.
(c)
Borough zoning approval is conditioned upon receiving a DEP
air quality permit. The Zoning Officer shall be notified in writing
by the operator of the use within one business day if such state permit
is ever suspended or revoked.
(17)
Commercial communications antennae/tower as principal or accessory
use.
(a)
A commercial communications antenna that is accessory to a principal
structure on the property shall be permitted by right in any district
if it meets the following requirements:
[1]
In any district, the antenna shall extend a maximum of 20 feet
beyond the existing structure to which it is attached. The antenna
shall be attached to one of the following existing lawful structures:
[2]
An antenna that extends between 20 feet and 40 feet from the
structure to which it is attached shall only be allowed in a commercial
or industrial district. Such antenna shall not be attached to a dwelling.
In such case, the antennae shall be set back a distance equal to its
total height above the ground from any lot line of a dwelling on another
lot.
(b)
Any commercial communications antenna/tower that does not meet Subsection A(17)(a) above (such as a new freestanding tower) shall only be allowed where specifically authorized in Articles III and IV, and in compliance with the following additional regulations:
[1]
Such antenna/tower shall be set back from all lot lines and
street rights-of-way a distance that is greater than the total height
of the antenna/tower above the surrounding ground level. The Borough
may permit an easement arrangement to be used without meeting the
setback requirement from the edge of the leased area, provided that
there are legal safeguards to ensure that the setback will continue
to be met over time from a lot line.
[2]
A new tower, other than a tower on a lot of an emergency services
station, shall be set back a minimum horizontal distance equal to
its total height from any lot used for residential purposes.
[3]
A tower attached to the ground shall be surrounded by a security
fence/gate with a minimum height of eight feet and evergreen plantings
or preserved vegetation with an initial minimum height of four feet.
[5]
The applicant shall describe in writing the policies that will
be used to offer space on a tower to other communications providers,
which shall serve to minimize the total number of towers necessary
in the region. This policy shall be designed to minimize the total
number of towers necessary in the Borough.
[6]
An applicant for a new commercial communications tower shall
provide evidence to the Board that they have investigated co-locating
their facilities on an existing tower and other tall structures and
have found such alternative to be unworkable. The reasons shall be
provided.
[7]
A maximum total height of 200 feet above the ground shall apply
in a commercial or industrial district and 150 feet in any other district
where it may be allowed, unless the applicant proves to the Zoning
Hearing Board that a taller height is absolutely necessary and unavoidable.
[8]
The application shall describe any proposed lighting. The Board
may restrict the type of lighting used, provided it does not conflict
with FAA requirements.
[9]
A new tower shall be designed in a manner that minimizes its
visual intrusiveness and environmental impacts to the maximum extent
feasible. For example, monopole designs or designs worked into a flag
pole are preferred over lattice designs.
(c)
Purposes. These provisions for commercial communications antenna/towers
are primarily designed to serve the following purposes, in addition
to the overall objectives of this chapter:
[1]
To protect property values.
[2]
To minimize the visual impact of antenna/towers, particularly
considering the importance of the scenic beauty of the area in attracting
visitors for outdoor recreation.
[3]
To minimize the number and heights of towers in a manner that
still provides for adequate telecommunications services and competition.
(d)
A tower/antenna that is intended to primarily serve emergency
communications by a Borough-recognized police, fire or ambulance organization,
and is on the same lot as an emergency services station or Borough
Hall, shall be permitted by right. Such tower/antenna may also serve
accessory commercial purposes.
(e)
Any antenna and tower that is no longer in active use shall
be completely removed within six months after the discontinuance of
use. The operator shall notify the Zoning Officer in writing after
the antenna or tower use is no longer in active use. Any lease shall
require such removal by the owner of the antenna/tower. Any lease
should provide that the lease shall expire once the antenna/tower
is removed.
(f)
Accessory utility buildings shall have a maximum height of 10
feet.
(g)
This Zoning Ordinance does not regulate communications antenna
that are placed on existing poles within a street right-of-way, which
shall require a separate Borough approval or permit outside of the
Zoning Ordinance. However, a new pole shall not be placed in the right-of-way
abutting a dwelling in a residential zoning district for the primary
purpose of supporting a communications antenna.
(h)
Once a communications tower has been approved, antenna and equipment
may be placed or replaced on the tower as a permitted-by-right use,
provided the total height is not increased above the approved height.
(i)
Any antenna or towers shall also comply with any applicable
airport approach regulations.
(18)
Conversion of an existing dwelling into additional dwelling units. [Other than as provided in Subsection A(19) below.]
(b)
The following regulations shall apply to the conversion of an
existing one-family dwelling into a greater number of dwelling units:
[1]
The building shall maintain the appearance of a one-family dwelling
with a single front entrance. Additional entrances may be placed on
the side or rear of the structure. The dwelling units may internally
share the single front entrance.
[2]
The conversion shall not be permitted if it would require the
development of an exterior stairway on the front of the building,
or would require the placement of more than two off-street parking
spaces in the required front yard.
(c)
A previously residential building shall maintain a clearly residential
appearance, except as may be necessary for restoration of an historic
building.
(d)
A maximum total of three dwelling units may be developed per
lot, unless a more restrictive provision is established by another
section of this chapter.
(19)
Conversion of an existing principal institutional building or
a principal industrial building into commercial uses or dwellings.
(a)
If the applicant proves to the satisfaction of the Zoning Hearing
Board that modifications are needed to parking, loading, density or
setback requirements to reasonably allow the adaptive reuse of an
existing principal building, the Zoning Hearing Board shall have the
authority to approve such modifications as a condition of the special
exception approval.
(b)
The Zoning Hearing Board shall consider compatibility with any
adjacent residential neighborhood in considering approval of such
modifications, and the availability or shortage of on-street parking
spaces and the anticipated need for parking in case of a parking modification.
(20)
Criminal halfway houses.
(b)
The applicant shall provide a written description of all conditions
that will cause persons to occupy the use during the life of the permit.
Any future additions to this list shall require an additional special
exception use approval.
(c)
The applicant shall prove to the satisfaction of the Zoning
Hearing Board that the use will involve adequate on-site supervision
and security measures to protect public safety. If any applicable
county, state, federal or professional association standards provide
guidance on the type of supervision that is needed, the proposed supervision
shall be compared to such standards.
(d)
The Zoning Hearing Board may place conditions upon the use to
protect public safety, such as conditions on the types of residents
and security measures.
(e)
A use involving housing of two or more persons who are required
to register their place of residence under Megan's Law II shall be
set back a minimum of 500 feet from each of the following: a primary
or secondary school, a public park or playground, or a child day-care
center.
(21)
Day-care center, child.
(b)
The use shall comply with any applicable state and federal regulations,
including having an appropriate Pennsylvania Department of Human Services
registration certificate or license.
(c)
Convenient parking spaces shall be provided for persons delivering
and waiting for children unless Borough Council may approve an on-street
loading space.
(d)
The use shall include secure fencing with a height between four
feet and 6.5 feet around outdoor play areas.
(e)
This use shall not be conducted in a dwelling that is physically
attached to another dwelling that does not have a common owner.
(f)
A day-care use may occur in a building that also includes permitted
or nonconforming dwelling units.
(g)
See also the standards for a "place of worship" in this section,
which allows a day-care center as an accessory use.
(22)
Forestry.
(a)
The following regulations shall apply if forestry involves a
total of more than 20,000 square feet of land area in any two-year
period:
[1]
A soil and erosion control plan shall be submitted and carried
out.
[2]
A maximum of 50% of the total forest cover on the lot shall
be removed. Clear cutting shall not cover areas of more than 20,000
square feet, except for land areas where a specific land use has received
Borough zoning approval.
(23)
Group homes. Group homes are permitted within a lawful dwelling
unit, provided the following additional requirements are met:
(b)
A group home shall not include any use meeting the definition
of a "treatment center."
(c)
A group home shall include the housing of a maximum of four
unrelated persons, by right and up to six unrelated persons by special
exception, except:
(d)
The facility shall have adequate trained staff supervision for
the number and type of residents. If the staffing of the facility
has been approved by a state or county human service agency, then
this requirement shall have been deemed to be met.
(e)
The applicant shall provide evidence of any applicable federal,
state or county licensing or certification to the Zoning Officer.
(f)
The group home shall register in writing its location, general
type of treatment/care, maximum number of residents and sponsoring
agency with the Zoning Officer.
(g)
Any medical or counseling services shall be limited to a maximum
of three nonresidents per day. Any staff meetings shall be limited
to a maximum of four persons at one time.
(h)
If a group home is in a residential district, an appearance
shall be maintained that is closely similar to nearby dwellings, and
no sign shall identify the use.
(i)
The persons living on site shall function as a common household
unit.
(j)
The applicant shall notify the local ambulance and fire services
of the presence of the group home and the type of residents.
(k)
An off-street parking space shall be provided for the largest
vehicle that serves the use.
(l)
The building shall have lighted exit lights, internal emergency
lighting and interconnected smoke alarms.
(24)
Heliport.
(a)
The applicant shall prove that the heliport has been located
and designed to minimize noise nuisances to other properties.
(b)
For a special exception use, the Zoning Hearing Board may place
conditions on the maximum size of helicopters, frequency of use, fueling
facilities, setbacks and nonemergency hours of operation to minimize
nuisances and hazards to other properties. Provided that the conditions
do not conflict with safety or federal or state regulations, the Zoning
Hearing Board may require that the majority of flights approach from
certain directions, and not from other directions that are more likely
to create nuisances for residential areas.
(c)
Helicopter landings and takeoffs for emergency medical purposes
are not regulated by this chapter.
(25)
Hotel or motel.
(a)
See definitions in § 319-87, which distinguish a hotel/motel from a boardinghouse, including length of stay.
(b)
Buildings and tractor-trailer truck parking shall be kept a
minimum of 50 feet from any residential lot line.
(d)
A hotel/motel shall serve only temporary guests. A use that is routinely
inhabited by any persons for periods longer than 14 consecutive days,
or 30 cumulative days within a 180-day time period, shall be considered
a "boardinghouse" and regulated as such.
[Added 10-9-2023 by Ord. No. 1578]
(26)
Junkyard (includes automobile salvage yard).
(a)
Storage of garbage is prohibited, other than what is customarily
generated on site and routinely awaiting pickup.
(b)
Outdoor storage of junk shall be at least: a) 100 feet from
the lot line of any dwelling; and b) 50 feet from any other lot line
and the existing right-of-way of any public street.
(c)
The site shall contain a minimum of two exterior points of access,
each of which is not less than 20 feet in width. One of these accesses
may be limited to emergency vehicles. Cleared driveways with a minimum
width of 15 feet shall be provided throughout the entire use to allow
access by emergency vehicles. Adequate off-street parking areas shall
be provided for customers.
(d)
Outdoor storage shall be completely enclosed (except at approved driveway entrances) by a ten-foot-wide buffer yard which complies with § 319-63. The initial height of the evergreen planting shall be six feet. Secure fencing with a minimum height of eight feet shall be provided and well-maintained around all outdoor storage areas. Such fencing shall be provided inside of the evergreen screening.
(e)
Burning or incineration is prohibited.
(f)
All gasoline, antifreeze and oil shall be drained from all vehicles
that are stored on site, and properly disposed of. All batteries shall
be removed from vehicles and properly stored in a suitable area on
an impervious and properly drained surface.
(g)
Lot area: three acres minimum; 10 acres maximum.
(h)
Tires: See the "outdoor storage and display" standards in the
following section.
(i)
Any storage of junk shall be maintained a minimum distance of
100 feet from the average water level of any waterway, and shall be
kept out of a drainage swale.
(27)
Kennel (which may include a noncommercial animal shelter that
houses and provides for the adoption of animals).
(a)
All structures in which animals are housed (other than buildings
that are completely soundproofed and air conditioned) and all runs
outside of buildings shall be located at least 200 feet from any existing
dwelling.
(b)
Buildings shall be adequately soundproofed so that sounds generated
within the buildings cannot routinely be heard within any principal
building on another lot.
(c)
The applicant shall describe how outdoor runs will or will not
be used during late night hours.
(d)
See state law regulating kennels.
(e)
Minimum lot area: 30,000 square feet.
(f)
The applicant shall describe in writing measures that will be
used to avoid noise or odor nuisances for occupants of neighboring
uses. Animal waste shall be collected on a regularly basis and shall
be stored in a sanitary manner in an enclosed container that will
avoid odor, vector and insect nuisances.
(28)
Live work unit.
(a)
A live work unit is one building space that is used both for
residential and for business space, such as for an office or an artist's
studio. The business use shall be a use that is listed as permitted
by right in the zoning district. The unit shall be treated as a dwelling
unit, except for allowed signs and minimum parking requirements for
the portion of the space that is used for commercial purposes.
(b)
If allowed in a residential district, a minimum of 50% of the
unit floor area shall be primarily used for residential purposes and
a maximum of three persons shall work in the unit who do not reside
within the unit.
(c)
The primary operator of the business in the unit shall also
be a permanent resident of the unit. The commercial space shall not
be leased separately from the residential space.
(29)
Livestock and poultry, raising of.
(a)
Minimum lot area: two acres. See also "pets, keeping of" in
this section.[7]
[7]
Editor's Note: See § 319-27D(12).
(b)
Any building or concentrated feeding areas for the keeping of
livestock or poultry shall be located a minimum of: 1) 200 feet from
a residential lot line; 2) 100 feet from an existing dwelling that
is not within a residential district; 3) 50 feet from all other exterior
lot lines.
(c)
Fencing shall be used to prevent livestock and poultry from
entering streets or unauthorized property.
(d)
Buildings used for the keeping of livestock or poultry shall
not be located within 100 feet of a perennial stream, river, spring,
lake, pond or reservoir.
(e)
The applicant shall describe in writing or on site plans methods
that will be used to address water pollution and insect and odor nuisances.
(30)
Manufactured (mobile) homes. The following additional requirements
shall apply to a manufactured home placed on property after the adoption
of this chapter:
(a)
Construction. Any mobile/manufactured home placed on any lot
after the adoption of this chapter shall be constructed in accordance
with 1976 or later safety and construction standards of the U.S. Department
of Housing and Urban Development. (Note: These federal standards supersede
local construction codes for the actual construction of the home itself.)
(b)
Each site shall be graded to provide a stable and well-drained
area.
(c)
Each home shall have hitch and tires removed.
(d)
Anchoring. A mobile/manufactured home on an individual lot or
mobile/manufactured home park shall include a system that properly
secures the home to the ground to prevent shifting, overturning or
uneven settling of the home. The requirements of the Uniform Construction
Codes[8] shall apply, in addition to the manufacturer's specifications
for installation, as well as state regulations regarding the installation.
(e)
Foundation treatment. The space between the bottom of the home
and the ground and/or home pad shall be enclosed using a durable fire-resistant
material. This enclosure shall have the appearance of a foundation
of a site-built home, such as material with a concrete-type or stucco
facing, except that metal skirting shall be allowed for a dwelling
within a manufactured/mobile home park. Provisions shall be provided
for access to utility connections under the home.
(f)
If the dwelling is outside of a manufactured (mobile) home park,
the front door of the dwelling shall face onto a street or be within
25 feet from a street right-of-way.
(31)
Manufactured (mobile) home park.
(a)
See the requirements for manufactured home park in the GIC District in Article V of this chapter.
(b)
Access to individual manufactured home spaces shall be from
interior parking courts, access drives or private streets and shall
not be from public streets exterior to the development.
(c)
All units within the manufactured home park shall be serviced
by the public sewage and public water supply systems.
(32)
Medical marijuana dispensary.
(a)
The use shall be set back a minimum of: 1) 1,000 feet from the
property line of a primary or secondary school or child day-care center;
2) 500 feet from a public park or playground; and 3) 250 feet from
a residential district.
(b)
The use shall not have any outdoor activities, such as outdoor
seating.
(c)
The use shall not be open for business beyond the maximum hours
of 8:00 a.m. and 8:00 p.m.
(d)
The use shall meet all other zoning requirements that would
apply to a retail store.
(e)
The use shall prove to the Zoning Officer that there will be
sufficient security measures.
(33)
Medical marijuana grower/processor.
(a)
The use shall prove to the Zoning Officer that there will be
sufficient security measures.
(b)
The use shall be set back a minimum of: 1) 1,000 feet from the
property line of a primary or secondary school or child day-care center;
2) 500 feet from a public park or playground; and 3) 250 feet from
a residential district.
(c)
The use also shall meet all of the same zoning requirements
that would apply to a manufacturing use.
(34)
Membership club.
(b)
Any active outdoor recreation areas shall be setback at least 25 feet from any abutting residential lot line. See also the buffer yard requirements in § 319-63D.
(c)
This use shall not include an after hours club.
(d)
Any outdoor activities that may be allowed in a residential
district shall be limited to the hours between 7:00 a.m. and 10:00
p.m.
(35)
Mineral extraction.
(a)
The following additional requirements shall be met:
[1]
Information shall be submitted regarding the land reclamation
and reuse plan of the area to be excavated.
[2]
After areas are used for mineral extraction, those areas shall
be reclaimed in phases to a nonhazardous and environmentally sound
state permitting some productive or beneficial future use.
[3]
A fifty-foot-wide yard covered by natural vegetative ground
cover (except at approved driveway crossings) shall be required along
all exterior lot lines that are within 200 feet of an area of excavation.
The Zoning Hearing Board may require this yard to include an earth
berm with a minimum average height of six feet and an average of one
shade tree for each 40 feet of distance along the lot lines. Such
shade trees shall be planted outside of any berm and any fence.
[a]
New trees shall not be required where preserved
trees will serve the same purpose.
[4]
The following minimum setbacks shall apply for the excavated
area of a mineral extraction use from property that is not owned by
the owner or operator of the mineral extraction use:
[5]
The excavated area of a mineral extraction use shall be set
back 150 feet from the average waterline of a perennial stream or
the edge of a natural wetland of more than two acres.
[6]
Fencing. The Zoning Hearing Board may require secure fencing
in locations where needed to protect public safety. As an alternative,
the Zoning Hearing Board may approve the use of thorny vegetation
to discourage public access. Also, warning signs shall be placed around
the outer edge of the use.
[7]
Hours of operation. The Zoning Hearing Board, as a condition
of special exception use approval, may reasonably limit the hours
of operation of the use and of related trucking and blasting operations
to protect the character of adjacent residential areas.
[8]
The activities and residual effects shall not create conditions
that are significantly hazardous to the health and safety of neighboring
residents.
(36)
Mobile/manufactured home. See "manufactured (mobile) homes"
in this section.
(39)
Place of worship.
(a)
Minimum lot area: 25,000 square feet in a residential district,
unless a larger lot area is required by the applicable zoning district.
In any other district, a place of worship shall meet the normal minimum
lot area for that district.
(b)
A primary or secondary school may be approved on the same lot
as a place of worship provided the requirements for such uses are
also met. Other uses shall only be allowed if all of the requirements
for such uses are also met, including being permitted in the applicable
district.
(c)
A maximum of one dwelling unit may be accessory to a place of
worship on the same lot, to house employees of the place of worship
and/or an employee and his/her family.
(d)
A child or adult day-care center shall be allowed as an accessory
use.
(40)
Recreation, outdoor.
(a)
All buildings, pavilions and areas used for nighttime activities
shall be a minimum of 100 feet from an existing dwelling on another
lot.
(b)
This term shall not include publicly owned recreation or a motor
vehicle racetrack.
(c)
See provisions for a nonhousehold swimming pool in this section.
(e)
A twenty-foot-wide buffer yard in accordance with § 319-63 shall be required adjacent to an existing dwelling on another lot.
(f)
The use shall not generate noise that can be heard on a residentially
zoned lot between 10:00 p.m. and 6:00 a.m.
(41)
Recycling collection center.
(a)
This use shall not be bound by the requirements of a solid waste
disposal facility.
(b)
All materials shall be kept in appropriate containers, with
appropriate sanitary measures and frequent enough emptying to prevent
the attraction of insects or rodents and to avoid fire hazards.
(c)
Adequate provision shall be made for movement of trucks if needed
and for off-street parking.
(d)
A twenty-foot-wide buffer yard with screening as described in § 319-63 shall be provided between this use and any abutting residential lot line.
(e)
This use may be a principal or accessory use, including being
an accessory use to a commercial use, college, an industrial use,
a public or private primary or secondary school, a place of worship
or a Borough-owned use, subject to the limitations of this section.
(f)
Materials to be collected shall be of the same character as
the following materials: paper, fabric, cardboard, plastic, metal,
aluminum and glass. No garbage shall be stored as part of the use,
except for that generated on site and that accidentally collected
with the recyclables. Only materials clearly being actively collected
for recycling may be stored on site.
(g)
The use shall only include the following operations: collection,
sorting, baling, loading, weighing, routine cleaning and closely similar
work. No burning or landfilling shall occur. No mechanical operations
shall routinely occur at the site other than operations such as baling
of cardboard.
(h)
The use shall not include the collection or processing of pieces
of metal that have a weight greater than 50 pounds, except within
an industrial district.
(i)
The use shall include the storage of a maximum of 50 tons of
materials on the site if the use is within a residential district.
(j)
The operator shall regularly collect any materials that are
spilled, carried or blown onto adjacent street rights-of-way, and
shall use fencing to reduce the amount of materials blown or carried
onto other properties or into waterways.
(k)
The use shall not operate on land within the 100-year floodplain.
(l)
Activities that generate noise heard on residential properties
shall not be conducted between 10:00 p.m. and 7:00 a.m.
(42)
Residential conversions. See "conversions of an existing building"
within this section.
(43)
(44)
School, public or private, primary or secondary.
(a)
Minimum lot area: one acre in a residential district. In any
other district, the use shall meet the standard minimum lot area requirement
for that district.
(b)
No children's play equipment, basketball courts or illuminated
recreation facilities shall be within 50 feet of a residential lot
line.
(c)
The use shall not include a dormitory unless specifically permitted
in the district.
(45)
Self-storage development.
(a)
All storage units shall be of fire-resistant construction.
(b)
Outdoor storage shall be limited to vehicles, boats and trailers.
No junk vehicles shall be stored within view of a public street or
a dwelling.
(c)
Trash, radioactive or highly toxic substances, garbage, refuse,
explosives or flammable materials, hazardous substances, animal carcasses
or skins, or similar items shall not be stored.
(d)
Designated spots may be used for outdoor parking of motor vehicles
or trailers. Nothing shall be stored in interior traffic aisles or
accessways that would interfere with emergency vehicle access or within
required off-street parking areas.
(e)
The use shall not include a commercial auto repair garage, unless
the requirements for that use are also met.
(f)
Adequate lighting shall be provided for security, but it shall
be directed away or shielded from any adjacent residential uses.
(h)
Minimum separation between buildings: 20 feet; maximum length
of any building: 300 feet.
(i)
The property shall not be used for any residential purposes,
except a maximum of one dwelling unit may be approved for an employee
who serves as a caretaker of the property.
(46)
Solid waste transfer facility or solid waste to energy facility.
(a)
All solid waste storage, disposal, incineration or processing
shall be at least 100 feet from the following: public street right-of-way,
exterior lot line or 100-year floodplain.
(b)
All solid waste storage, disposal, incineration or processing
shall be a minimum of 300 feet from any residential district.
(c)
The use shall be served by a minimum of two paved access roads,
each with a minimum cartway width of 20 feet. One of these roads may
be restricted to use by emergency vehicles.
(d)
If a new use is proposed or the previously Borough-approved
capacity of an existing use is proposed to be increased, the applicant
shall prove to the satisfaction of the Zoning Hearing Board that the
street network can handle the additional truck traffic, in a manner
that minimizes negative impacts upon residentially zoned neighborhoods.
(e)
The applicant shall prove to the satisfaction of the Zoning
Hearing Board that the use will include the best available methods
to minimize noxious odors off of the tract.
(f)
A chain link or other approved fence with a minimum height of
eight feet shall surround the use, unless the applicant proves to
the satisfaction of the Zoning Hearing Board that this is unnecessary.
(g)
Minimum lot area: 10 acres.
(h)
The applicant shall provide evidence to the Zoning Hearing Board
that sufficient measures will be put into place to minimize the attraction,
harborage or breeding of insects, rodents or vectors.
(i)
Attendant. An attendant shall be present during all periods
of operation or dumping.
(j)
Gates. Secure gates, fences, earth mounds and/or dense vegetation
shall prevent unauthorized access.
(k)
Emergency access. The operator of the use shall cooperate fully
with local emergency services. This should include allowing practice
exercises on the site and the provision of all information needed
by the emergency services to determine potential hazards. Adequate
means of emergency access shall be provided.
(l)
Litter and mud. The operator shall regularly police the area
of the facility and surrounding streets to collect litter that may
escape from the facility or trucks. Sufficient methods shall be proposed
to prevent the tracking of mud and dirt onto public streets by vehicles,
which shall be described in the application.
(m)
Dangerous materials. No radioactive, hazardous, chemotherapeutic
or infectious materials may be stored, processed, disposed or incinerated.
(n)
All loading and unloading and processing of solid waste shall
only occur within an enclosed building, and over an impervious surface
drains to a holding tank that is then adequately treated, or similar
methods approved by the Zoning Hearing Board.
(o)
Trucking and heavy equipment activities and activities that
generate noise heard on a residential lot shall not be conducted between
10:00 p.m. and 7:00 a.m.
(47)
Stable, nonhousehold. (Includes riding academies. For the keeping
of a horse as an accessory use, see "keeping of pets" in the following
section.)
(a)
Minimum lot area: an average minimum of one acre of vegetated
area per horse or similar animal.
(b)
Any horse barn, manure storage areas or stable shall be a minimum
of 100 feet from any lot line of an adjacent dwelling.
(c)
Manure shall be regularly collected and disposed of in a sanitary
manner that avoids nuisances to neighbors. Manure shall be stored
in a manner that prevents it from being carried off by runoff into
a creek. Manure shall not be stored within 100 feet of a perennial
waterway. Manure shall be managed in a way that does not result in
polluted runoff from the property.
(48)
Swimming pool, nonhousehold.
(a)
The water surface shall be set back at least 50 feet from any
existing dwelling on another lot.
(b)
Minimum lot area: 20,000 square feet.
(c)
Any water surface within 75 feet of an existing dwelling on another lot shall be separated from the dwelling by a buffer yard meeting § 319-63.
(d)
The water surface shall be surrounded by a secure, well-maintained
fence at least six feet in height.
(e)
Drainage. A proper method shall be provided for drainage of
the water from the pool that will not flood or damage other property,
cause street flooding or cause water pollution of creeks.
(49)
Temporary shelter.
(a)
The applicant shall provide a written description of all conditions
that will cause persons to occupy the use during the life of the permit.
Any future additions to this list shall require an additional special
exception use approval.
(b)
The applicant shall prove to the satisfaction of the Zoning
Hearing Board that the use will involve adequate on-site supervision
and security measures. If any applicable county, state, federal or
professional association standards provide guidance on the type of
supervision that is needed, the proposed supervision shall be compared
to such standards.
(c)
The Zoning Hearing Board may place conditions upon the use to
protect public safety, and to minimize conflicts with nearby residents.
(d)
The applicant shall describe the maximum number of residents
who will be served, which may include a higher stated number on days
of extreme cold weather.
(50)
Townhouses and multifamily dwellings (apartments).
(a)
Maximum number of townhouses in any attached grouping: 10.
(b)
Paved area setback. All off-street parking spaces, except spaces
on driveways immediately in front of a carport or garage entrance,
shall be set back a minimum of 10 feet from any dwelling.
(c)
Garages. It is strongly recommended that all townhouses be designed
so that garages and/or carports are not an overly prominent part of
the view from public streets. For this reason, parking courts (which
are parking lots next to dwellings with parking shared among residents),
common garage or carport structures or garages at the rear of dwellings
are encouraged instead of individual garages opening onto the front
of the building, especially for narrow townhouse units.
(d)
Mailboxes. Any mailboxes provided within the street right-of-way
should be clustered together in an orderly and attractive arrangement
or structure. Individual freestanding mailboxes of noncoordinated
types at the curbside are specifically discouraged.
(e)
Access. Vehicular access points onto all arterial and collector
streets shall be minimized to the lowest reasonable number. No townhouse
dwelling within a tract of five or more dwelling units shall have
its own driveway entering onto an arterial street.
(f)
The development shall be designed with proper provisions to
allow access for maintenance.
(51)
Treatment center.
(a)
See definition in Article XV, which includes residential facilities, in addition to outpatient methadone facilities. This use shall not include a criminal halfway house, unless the requirements for both uses are fully met.
(b)
The applicant shall provide a written description of all conditions
(such as alcohol addiction) that will cause persons to occupy the
use during the life the permit. Any future additions to this list
shall require an additional special exception use approval.
(c)
The applicant shall prove to the satisfaction of the Zoning
Hearing Board that the use will involve adequate on-site supervision
and security measures to protect public safety. If any applicable
county, state, federal or professional association standards provide
guidance on the type of supervision that is needed, the proposed supervision
shall be compared to such standards.
(d)
The Zoning Hearing Board may place conditions upon the use to
protect public safety, such as conditions on the types of residents
and security measures.
(52)
Veterinarian office (includes animal hospital).
(a)
Any structure in which animals are treated or housed shall be
a minimum of 30 feet from any lot line of an existing dwelling. Buildings
shall be adequately soundproofed so that sounds generated within the
buildings cannot routinely be perceived within any adjacent dwellings.
(b)
Animals undergoing treatment may be kept as an accessory use.
Birds, rabbits, gerbils and similar animals may also be boarded. However,
a commercial kennel involving healthy dogs shall only be allowed if
a kennel is permitted in that district and if the applicable requirements
are met.
(53)
Wind turbines, other than the one wind turbine per lot that is allowed as an accessory use by § 319-27.
(a)
The wind turbine shall be set back from the nearest principal
building on another lot a distance not less than two times the maximum
height to the top of the maximum height of the extended blade, unless
a written waiver is provided by the owner of such building. All wind
turbine setbacks shall be measured from the center of the base of
the turbine. This provision shall apply to buildings that existed
prior to the application for a zoning permit.
(b)
The audible sound from the wind turbine(s) shall not exceed
45 A-weighted and 45 C-weighted decibels, as measured at the exterior
of an occupied principal building on another lot, unless a written
waiver is provided by the owner of such building.
(c)
The owner of the facility shall completely remove all aboveground
structures within 12 months after the wind turbine(s) are no longer
used to generate electricity.
(d)
Wind turbines shall not be climbable for at least the first
12 feet above the ground level.
(e)
All wind turbines shall be set back from the nearest public
street right-of-way a minimum distance equal to the maximum height
to the top of the maximum height of the extended blade.
(f)
All wind turbines shall be set back from the lot line a minimum
distance equal to the maximum height to the top of the maximum height
of the extended blade, unless a written waiver is provided by the
owner of such lot.
(g)
The turbine shall include automatic devices to address high-speed
winds.
(h)
Accessory electrical facilities are allowed, such as a transformer,
provided that any building shall meet setbacks for a principal building.
(i)
The site plan shall show proposed driveways, turbines and areas
of woods proposed to be cleared.
(j)
Temporary towers designed to test possible locations for a wind
turbine shall be permitted by right, provided they are removed within
one year and meet the same setbacks as a wind turbine.
(k)
Decommissioning. A wind turbine shall be considered a discontinued
use after one year without energy production, unless a plan is developed
and submitted to the Zoning Officer outlining the steps and schedule
for returning the wind turbine to service. All wind turbines and aboveground
facilities shall be removed within 90 days of the discontinuation
of use.
(l)
Height. Where a wind turbine is allowed under this section,
the maximum total height of the extended blade shall be 130 feet.
A.
General. Accessory buildings, structures or uses that are clearly
customary and incidental to a permitted-by-right, special exception
or special exception use are permitted by right, except as is provided
for in this chapter. A business shall only be conducted as an accessory
to a dwelling if specifically permitted by this chapter.
B.
Accessory setbacks. The accessory setback requirements of the applicable
district shall apply to every accessory building, structure or use
unless a standard that is clearly meant to be more restrictive or
less restrictive is specifically stated in this article for a particular
accessory use. Accessory structure setback requirements shall not
apply to permitted surface parking lots, fences or permitted accessory
signs.
C.
Front yard. No accessory structure, use or building shall be permitted in a required front yard in any district, unless specifically permitted by this chapter. On a corner lot, both yards adjacent to a street shall be regulated as a front yard, except as provided in § 319-27D(5)(c) regarding fences in a residential district. See Article XXII for sign setbacks.
D.
Additional standards. Each accessory use shall comply with all of
the following standards listed for that use:
(1)
Antenna, standard (includes amateur radio antenna).
(a)
Height. No standard antenna, including its supporting structure,
shall have a total height above the average surrounding ground level
of greater than 70 feet.
(b)
Anchoring. An antenna shall be properly anchored to resist high
speed winds, and an antennae of greater than 25 feet high above a
building shall require a professional engineer's written certification
that it will be properly secured to resist high winds and will conform
with Uniform Construction Codes.[1]
(c)
If a new satellite dish is installed to serve a dwelling, any
existing unused dish shall be removed at that time.
(2)
Bus passenger shelter.
(a)
The applicant shall prove that a well-established entity is
responsible for the cleaning, maintenance and repair of the shelter.
If the shelter is not being properly maintained or falls into disrepair,
and the entity does not correct the problem within 72 hours, then
the Zoning Officer may order that the shelter be removed within seven
days.
(b)
In a commercial or industrial district, the shelter may include
an advertising sign of up to 30 square feet on each of two sides,
which may be illuminated. The sign shall not flash, move or be animated
or electronically change. Any shelter may also include transit informational
signs.
(c)
The shelter shall only be allowed at a stop of regularly scheduled
public bus service, with the location having been approved by the
provider of the service. This section shall not regulate a shelter
that serves van or bus shuttles for residents or employees of a development.
(d)
If located within the public right-of-way, approval is also
needed from PennDOT if applicable and the Borough Council.
(e)
The shelter design shall be of durable construction and shall
be mostly transparent along the sides.
(3)
Day care as accessory to a dwelling.
(c)
The dwelling shall retain a residential appearance.
(d)
The use shall be actively operated by a permanent resident of
the dwelling.
(e)
If seven to 12 children are cared for who are not children or
grandchildren of the on-site caregiver, then a minimum of 400 square
feet of exterior play area shall be available, surrounded by a four-foot-high
secure fence. Seven to 12 children shall not be cared for in a dwelling
unit that is attached to another dwelling unit.
(f)
See also "day-care center" as a principal use in this section.
Day care is also an allowed accessory use for a place of worship.
(g)
The use shall comply with any applicable state and federal regulations,
including having an appropriate State Department of Human Services
registration certificate or license, if required by such agency.
(4)
Drive-through facilities.
(a)
The proposed traffic flow and ingress-egress shall not cause
traffic hazards on adjacent streets.
(b)
On-lot traffic circulation and parking areas shall be clearly
marked.
(c)
A drive-through use shall be designed with space for an adequate
number of waiting vehicles while avoiding conflicts with traffic onto,
around and off of the site. Any drive-through facilities shall be
designed to minimize conflicts with pedestrian traffic.
(d)
To the maximum extent feasible, a drive-through window shall
not be placed on the front facade of a building.
(e)
The design of the drive-through facilities shall be subject
to review by the Borough staff and may be offered for review by the
Planning Commission.
(f)
An area used for outdoor ordering by customers shall be set
back a minimum of 100 feet from a dwelling on another lot. The use
shall include use of acoustic barriers or controls on the volume of
loudspeakers so that the loudspeaker cannot be heard from a dwelling.
(g)
To the maximum extent feasible, access to a drive-through shall
use a rear alley or side street, unless such access would be adjacent
to dwellings.
(h)
See the buffer yard requirements of § 319-63D. The applicant shall specifically show that headlights will be screened from shining into dwellings.
(i)
Outdoor menu boards are allowed under the sign article.
(j)
Any restaurant may also include a window or door to pick up
food orders that were all made in advance and that were not ordered
on site, and that do not require use of loudspeakers or waiting lanes.
Such window or door shall not be regulated as a drive-through facility.
(5)
Fences and walls.
(a)
Fences and walls are permitted by right in all districts. Any
fence or wall shall be durably constructed and well-maintained. Fences
that have deteriorated shall be replaced or removed. A fence shall
not be required to comply with minimum setbacks for accessory structures.
(b)
No fence, wall or hedge shall obstruct the sight distance as required by § 319-63. (Note - The sight distance provisions typically regulate features over 2.5 feet in height.)
(c)
Fences.
[1]
Front yard. Any fence located in the required minimum front
yard of a lot in a residential district shall not exceed four feet
in height. Fences in the front yard of a dwelling shall be an open-type
of decorative fence (such as picket, wrought iron, vinyl post, or
split rail) with a minimum ratio of 1:1 of open to structural areas.
Chain link fences shall not be allowed in the front yard of a dwelling
in a residential district or in the front yard of the CBD District.
Mostly transparent wire mesh may be placed on the inside of such a
front yard fence.
[a]
A fence or detached wall that is not in a residential
district and that is within 15 feet from the right-of-way of a public
street or a dwelling shall have a maximum height of eight feet, except
that a taller height shall be allowed by special exception where the
applicant proves to the Zoning Hearing Board that a taller height
is necessary.
[2]
On a corner lot, in a residential district, a fence or wall
shall meet the same requirements along both streets as would apply
within a minimum front yard. However, a fence that only extends behind
the rear of a dwelling or other principal building may have a maximum
height of six feet along one of the streets, and may be solid in design,
provided it is not located in the yard that is parallel to the front
of the building.
[3]
Height. A fence located in a residential district in a location
other than a required front yard shall have a maximum height of six
feet.
[4]
A taller fence height may be approved where the applicant proves
to the Zoning Officer that such taller height is necessary to protect
public safety around a specific hazard (such as an electric substation
or to prevent baseballs from entering into a street).
[5]
Setbacks. No fence shall be built within an existing street right-of-way. A fence may be constructed up to a lot line, except as follows: a) a fence may be constructed on the lot line with mutual consent of the adjacent property owner; and b) a fence shall be located on the inside of any buffer plantings required by § 319-63. A fence may be constructed along the right-of-way of an alley, provided there is not an obstruction of safe sight distances and provided there is a setback of at least three feet from the right-of-way of the alley.
[6]
Fence materials. Electrically charged aboveground fences shall
only be used to contain farm animals, and shall be of such low intensity
that they will not permanently injure humans. Underground fences to
contain animals are not regulated by this chapter. No fence or wall
shall be constructed out of fabric, wood pallets, junk, junk vehicles,
appliances, drums or barrels. If a fence has a more finished side,
the more finished side shall face towards the neighboring properties
or street. Fence supports should be placed on the inside of a fence.
(d)
Walls.
[1]
Engineered retaining walls necessary to hold back slopes are
exempted from setback regulations and the regulations of this section,
and are permitted by right as needed in all districts. However, if
a retaining wall is over eight feet in height as viewed from a dwelling,
it shall be set back a distance equal to its maximum height from a
lot line of an existing dwelling.
[2]
Other than a necessary retaining wall, no wall of greater than three feet height shall be located in the required minimum front yard in a residential district, except as a backing for a permitted sign as permitted in Article XII.
[3]
A wall in a residential district shall have a maximum height
of three feet if it is within the minimum accessory structure setback.
(e)
All fences over three feet in height and all walls over four
feet in height shall need a zoning permit, regardless of whether a
construction permit is also needed.
(f)
A combination of a fence attached to the top of a wall shall
be regulated in the same manner as a wall.
(6)
Food trucks (this term includes food trailers).
(a)
If a food truck is parked on a private property for more than 15 minutes per day (other than routine temporary operations at a construction site and other than as allowed in Borough-approved special events), it shall only be permitted where allowed by Article IV and shall meet all of the following requirements:
[1]
It shall be set back a minimum of 30 feet away from a dwelling
on another lot, and shall not obstruct safe sight distances at intersections
and driveways;
[2]
Any signs that are not part of the vehicle shall meet all requirements
for signs that would apply to a building;
[3]
It shall not be open to customers between 10:00 p.m. and 6:00
a.m.;
[4]
It shall not be located within a public right-of-way;
[5]
It shall provide a regularly emptied sanitary outdoor waste
container, and litter shall be regularly collected;
[6]
It shall meet all health regulations; and
[7]
It shall only operate with written permission of the property
owner.
(b)
A food truck shall not occupy a public on-street or Borough-owned
off-street parking space for more than 15 minutes per day while serving
food or beverages, unless specific written approval has been provided
by the Borough.
(c)
The Borough Zoning Officer may authorize written temporary exceptions
to these provisions during a special event, parade or festival.
(d)
Commercial sales shall only be allowed within a Borough park
with written permission of the Borough, other than occasional visits
of less than 15 minutes by a truck or cart offering snacks and beverages.
(e)
A maximum of one food truck shall be allowed per lot, except as authorized by Subsection D(6)(c) above.
(f)
The vehicle shall display a current state vehicle or trailer
license and safety inspection sticker and have current vehicle registration.
(g)
See also provisions for "sidewalk cafes" in this section below.
(h)
Electric generators that generate noise heard inside a building
and tanks of explosive substances shall not be placed within 100 feet
of a dwelling.
(i)
In addition, a food truck shall be allowed as an outdoor accessory
use to a lawful permanent restaurant that operates within a building
on the same lot in any district.
(7)
Furnace, outdoor (such as wood-burning boilers and other building
heating devices that are exterior to a principal building).
(a)
The following setbacks shall apply from a lot that is not in
common ownership with the lot occupied by the outdoor furnace:
(c)
The furnace shall only be used to burn nonpainted wood that
is free of creosote, arsenic and similar contaminants, or wood-based
pellets that are specifically manufactured and labeled for this purpose.
(9)
Heliport. See under principal uses in the previous section.
(10)
Home occupations.
(a)
All home occupations shall meet the following requirements:
[1]
The use shall only be conducted by one or more permanent residents
of the dwelling, except it may also involve a maximum of one nonresident
employee.
[2]
The use shall be conducted indoors, in a principal and/or accessory
building. No outdoor storage or display related to the home occupation
shall be permitted. No changes shall occur to the exterior of a building
that would reduce its residential appearance as viewed from a street.
[3]
The use shall occupy an area that is not greater than 25% of
the total floor area of the principal dwelling unit. The use shall
clearly be secondary to the residential use.
[4]
For a general home occupation, the Zoning Hearing Board shall
require additional off-street parking if the Board determines it is
necessary for customer and employee parking.
[5]
The use shall not routinely require delivery by tractor-trailer
trucks.
[6]
The regulations of § 319-27D(14) below regarding parking of trucks shall apply to a home occupation. No excavating equipment shall be parked overnight on a residential lot or an adjacent street as part of a home occupation.
[7]
No equipment or machinery shall be permitted that produces noise,
noxious odor, vibration, glare, electrical or electronic interference
detectable on another property. The use shall not involve the storage
or use of hazardous, flammable or explosive substances, other than
types and amounts typically found on a residential property. The use
shall not involve the storage or use of toxic or highly hazardous
substances.
[8]
A home occupation shall not be conducted in a manner that is
perceptible to other residents between the hours of 9:00 p.m. and
7:30 a.m.
[9]
Any tutoring or instruction shall be limited to a maximum of
three students at a time.
[10]
A barber or beauty shop or nail salon shall not
be allowed as a home occupation.
[11]
The office of a medical doctor, chiropractor or
dentist shall not be permitted as a home occupation.
[12]
A home occupation may include a single two-square-foot nonilluminated sign, as permitted in § 319-51.
[13]
The Zoning Hearing Board shall deny a general
home occupation application, or limit its intensity through conditions,
if the Board determines the use would be too intense for the proposed
location. In making such determination, the Board shall review the
likely amounts of traffic, the types of deliveries needed, the types
of operations involved and related nuisances, the amount of off-street
and on-street parking that is available, the density of the neighborhood,
whether the use would be adjacent to another dwelling, and setbacks
from other dwellings.
[14]
The use shall not involve manufacturing, other
than of custom crafts and sewing. The use shall not involve repair
of motor vehicles.
[15]
The use may include sales using telephone, mail
order or electronic methods. On-site retail sales shall be prohibited.
[16]
If more than one home occupation is accessory
to a dwelling, the total aggregate impact of the home occupations
shall be considered in determining compliance with this chapter.
[17]
A zoning permit shall be required for a general
home occupation.
(11)
Outdoor storage and display. Commercial or industrial as a principal
or accessory use.
(a)
Location. Outdoor storage or display shall not occupy any part of any of the following: the existing or future street right-of-way, sidewalk or other area intended or designed for pedestrian use or required parking area. See paved area setbacks in § 319-46.
(b)
No such storage or display shall occur on areas with a slope
in excess of 25% or within the 100-year floodplain, except that preexisting
parking areas can continue to be used for parking of operable motor
vehicles.
(d)
Outdoor storage of 50 or more used tires.
[1]
This storage shall only be allowed as part of a Borough-approved
junkyard or tire store.
[2]
Where allowed, any storage of used tires shall involve stacks
with a maximum height of 15 feet, and that cover a maximum of 400
square feet. Each stack shall be separated from other stacks from
all lot lines by a minimum of 75 feet. If the same set of tires is
stored on a lot for more than six months, they shall be stored within
a building or trailer.
[3]
The operator of a lot involving tire storage shall prove that
the tires are stored in a manner that minimizes public health hazards
from the breeding of vectors in accumulated water and/or that the
site is regularly sprayed to minimize vectors.
(12)
Pets, keeping of. (This term includes certain household animals
described below that may not be pets.)
(a)
This is a permitted-by-right accessory use in all districts. See also Chapter 123 of the Codified Ordinances of the Borough, which include additional regulations upon animals.
(b)
No use shall involve the keeping of animals or fowl in such
a manner or of such types of animals that it creates a serious nuisance
(including noise or odor), a health hazard or a public safety hazard.
The owner of the animals shall be responsible for collecting and properly
disposing of all fecal matter from pets. No dangerous animals shall
be kept outdoors in a residential district, except within a secure
completely enclosed cage or a fenced area of sufficient height and
on a chain. Animals shall be kept on the property of the owner, except
when they are on a leash.
(c)
A maximum combined total of six dogs and cats shall be permitted
to be kept by residents of each dwelling unit on their residential
premises.
(d)
Pigeons, chickens, ducks, geese and/or similar fowl shall only
be kept if the animals are approved under the Borough's Animal Ordinance.[4] Where allowed, a maximum of six of such fowl may be kept,
unless it is approved as a principal agricultural lot. Roosters shall
not be kept within the Borough.
(e)
Equine. Minimum lot area: a minimum of one acre of vegetated
area per horse, donkey or pony, with such area being accessible by
the animal. Any barn, shelter, manure storage areas or stable for
such animal shall be a minimum of 100 feet from any residential lot
line.
(f)
See the definition of "pets" in Article XV. Only those pets that are domesticated and are compatible with a residential character shall be permitted as "keeping of pets." Examples of permitted pets include dogs, cats, rabbits, fish, gerbils and lizards.
[1]
The following animals shall not be allowed to be kept within
the Borough: bears, wolves, wolf-dog hybrids, tigers, lions, venomous
snakes that could be toxic to humans, or constrictor snakes that could
be dangerous to humans. The keeping of any exotic wildlife shall also
comply with the Pennsylvania Game and Wildlife Code[5] regulations.
[5]
Editor's Note: See 34 Pa.C.S.A. § 101 et seq.
(g)
In addition, animals may be kept for up to eight total days
per year as part of a bona fide Borough-approved agricultural exhibition,
or up to two total days per year as part of a temporary petting zoo,
or as otherwise approved by the Borough for a temporary special event.
(h)
Cows, hogs, sheep, goats and similarly sized animals shall only
be kept as on a principal agricultural lot of more than three acres.
(13)
Recreational vehicle parking. See under "residential accessory
structure or use" in this section.
(14)
Residential accessory structure or use (see definition in Article XV).
(a)
Accessory structures and uses (other than fences) shall not be located within the required accessory use setback as stated in § 319-22, unless specifically exempted by this chapter (such as steps leading up to a porch or entrance door or necessary handicapped ramps). Accessory structures shall not be located within a front yard. Accessory structures shall not be placed within any yard required to be equal in width to a front yard along a street on a corner lot, unless they are behind the back of the building.
(c)
Parking of commercial trucks and buses. The overnight outdoor
parking of commercial trucks, commercial buses or excavating equipment
or the trailer from a tractor-trailer combination on a principal residential
lot in a residential district is prohibited, except that the parking
of a maximum of one vehicle with a gross vehicle weight of up to 13,000
pounds shall be allowed if such vehicle(s) is used by residents of
the dwelling to travel to and from work. The parking for more than
one hour per day of trucks carrying gasoline or similar hazardous
or explosive materials or that are used to carry putrescent garbage
is prohibited in a residential district.
(d)
Repairs. Repairs of a truck with an aggregate gross vehicle
weight of over 13,000 pounds shall not occur on a residential lot.
Repairs of motor vehicles that are not owned or leased by a resident
of the lot or his/her relative shall not occur on a residential lot.
(e)
Outdoor storage of junk shall not be allowed in a residential
district, except for materials that are awaiting imminent disposal
or recycling.
(f)
Recreational vehicles, trailers and boats. Vehicles, trailers
(such as utility trailers or boat trailers) and boats shall be maintained
to prevent the leakage of fuels and mechanical fluids onto the ground.
A recreational vehicle, trailer or boat shall not be kept in the front
yard of a dwelling for more than two days in any seven-day period.
If a recreational vehicle, boat or trailer is kept on another part
of a residential lot, it shall be set back a minimum of three feet
from the lot line of another dwelling, and shall be separated from
that lot line by landscaping or a mostly solid fence.
(g)
A maximum of one motor vehicle or boat shall be displayed or
offered for sale on a residential lot in a residential district, and
shall not be displayed for sale for more than 30 days.
(h)
A recreational vehicle shall not be used as a residence for
more than five days in any thirty-day period.
(i)
A flexible covered structure that is designed to shelter a motor
vehicle shall be treated as a building, for the purposes of setback,
building coverage and impervious coverage zoning requirements. Such
structure shall only be allowed if it is maintained in good condition.
(15)
Short-term rental of a dwelling unit.
[Amended 10-9-2023 by Ord. No. 1578]
(a)
The entire dwelling unit may be rented only for periods of time of less than 30 days, while the permanent resident is not living in the dwelling. The dwelling unit shall get approval from the Zoning Hearing Board as a special exception use, register as a rental unit, and meet the requirements of Chapter 253 of the Code of the Borough of Ephrata, unless the activity only involves the occasional rental of one bedroom within a dwelling.
[1]
The applicant shall provide a written description of all conditions
that will cause persons to occupy the use during the life of the permit.
Any future additions to this list shall require an additional special
exception use approval.
[2]
The Zoning Hearing Board may place conditions upon the use to
protect public safety, and to minimize conflicts with nearby residences.
[3]
The applicant shall describe the maximum number of residents
who will be served by the rental unit.
[4]
The applicant shall prove to the Board that sufficient parking
can be provided on-site.
(16)
Sidewalk cafe. Where a lawful permanent commercial business
is actively in operation in a commercial zoning district, and a restaurant
is allowed in the zoning district, a portion of the sidewalk within
the public right-of-way immediately in front of that business may
be used for movable customer seating and tables for the consumption
of food or beverages, provided that all of the following additional
conditions are met:
(a)
The cafe is required to have the same owner or operator as the
adjacent indoor business. Indoor rest rooms shall be available for
customers of the sidewalk business.
(b)
A continuous five feet minimum unobstructed hard-surface sidewalk
width shall be maintained that is accessible by wheelchairs. Such
access shall also be provided to all ADA ramps and street intersections.
(c)
A sanitary outdoor trash receptacle shall be provided for customers,
which shall be regularly emptied with proper disposal. Litter shall
be regularly collected.
(d)
The outdoor use shall not operate between 12:00 midnight and
6:00 a.m., except it shall not operate after 10:00 p.m. if it is within
250 feet of a dwelling on another lot.
(e)
Any umbrellas or canopies shall maintain an eight-foot-high
minimum vertical clearance over a public sidewalk. The space within
the right-of-way shall not be enclosed by walls or solid materials,
except that the Borough Council may approve decorative planters.
(f)
The applicant shall be required to provide a valid insurance
certificate to the Borough that holds the Borough harmless resulting
from any claim involving the use of the right-of-way, and that names
the Borough as an additional insured. Such certificate shall be regularly
updated and presented to the Zoning Officer to prove that it remains
valid during the life of the use. Such certificate shall be in a form
that is acceptable to the Borough and shall provide a minimum of $100,000
of insurance coverage, which shall be increased to $500,000 if alcohol
is consumed within the public right-of-way.
(g)
All of the sidewalk cafe features shall be required to be completely
removed from the public right-of-way within 24 hours if the applicant
is provided a written notice of violation of a Borough ordinance (such
as failure to meet the insurance requirements) or if the cafe or the
adjacent business is no longer in active use.
(h)
This subsection shall not limit a lawful restaurant from using
part of the same or an adjacent privately owned lot for accessory
outdoor seating, provided the right-of-way is not used.
(i)
See also "food trucks" in the subsection above.
(j)
The Borough may authorize written temporary exceptions to these
provisions during a Borough-authorized special event, parade or festival.
(k)
If alcohol sales occur, the applicant shall prove to the Zoning
Officer that there is a valid liquor license which allows such sales
where they are proposed to occur.
(l)
Cooking shall not occur in the public right-of-way. Electric
generators and tanks of explosive substances shall not be placed within
the public right-of-way. Heating devices may be allowed in the public
right-of-way if they pass a Borough inspection and the applicant provides
evidence of the device's safety standards.
(17)
Swimming pool, household (referred hereafter as "pool").
(b)
The water surface and any raised decking of a swimming pool
shall be set back a minimum of 10 feet from: 1) side and rear lot
lines; and 2) utility easements or rights-of-way. A building serving
a pool shall meet the standard accessory building setbacks.
(c)
Drainage. A proper method shall be provided for drainage of
the water from the pool that will not damage other property, will
not flood streets and will not cause water pollution of creeks.
(19)
Unit for care of relative.
(b)
The accessory unit shall be occupied by a maximum of two persons,
who shall be relatives of the permanent residents of the principal
dwelling unit. At least one resident of the accessory unit shall need
such accommodations because of an illness, old age or disability.
A written letter by a medical doctor or physician's assistant shall
certify to the need, but is not required to provide any private health
information.
(c)
The applicant shall prove to the Zoning Officer that the accessory
unit has been designed and constructed so that it can be easily reconverted
into part of the principal dwelling unit after the relative no longer
resides within the unit. Such accessory unit may be converted into
an additional bedroom(s), permitted home occupation area or similar
use.
(d)
The applicant shall establish a legally binding mechanism in
a form acceptable to the Borough that will prohibit the use of the
accessory unit as a separate dwelling unit after the relative no longer
resides within the unit. Such mechanism shall also be binding upon
future owners.
(e)
At any time, the Zoning Officer may require that the owner of
the property provide evidence that a relative of the occupants of
the principal dwelling unit continues to reside within the accessory
unit and is in need of such arrangement.
(f)
Such accessory unit shall not decrease the one-family residential
appearance of a one-family dwelling, as viewed from exterior property
lines. The accessory unit shall be attached to the principal dwelling
unit, and shall not be a detached building.
(g)
Additional parking for the accessory unit is not required if
the applicant proves that the resident(s) of the accessory unit will
not routinely operate a vehicle.
(h)
This type of unit shall not be allowed within an apartment dwelling
unit.
(20)
Wind turbines, one per lot as accessory use.
(a)
All wind turbines shall be set back from the lot line a minimum
distance equal to the total maximum height to the top of the extended
blade, unless a written waiver is provided by the owner of such adjacent
lot. All wind turbine setbacks shall be measured from the center of
the base of the turbine.
(b)
The audible sound from the wind turbine shall not exceed 45
A-weighted decibels, as measured at the exterior of an occupied principal
building on another lot, unless a written waiver is provided by the
owner of such building.
(c)
The owner of the facility shall completely remove all aboveground
structures within 12 months after the windmill is no longer used to
generate electricity.
(d)
A wind turbine shall not be climbable for at least the first
12 feet above the ground level, unless it is surrounded by a fence
with a minimum height of six feet.
(e)
All wind turbines shall be set back from the nearest public
street right-of-way a minimum distance equal to the total maximum
height to the top of the extended blade.
(f)
The turbine shall include automatic devices to address high-speed
winds, such as mechanical brakes and overspeed controls.
(g)
In a district other than GIC District, the maximum total height above the ground level to the tip of the extended blade shall be 75 feet. In the GIC District, the maximum height for a wind turbine approved under this section shall be 130 feet. See wind turbines in § 319-27 and Articles III and IV for taller turbines.
(h)
New electrical wiring to the wind turbine shall be placed underground,
to the maximum extent feasible.
