Borough of Marietta, PA Article IV Special Exceptions

§ 370-401 General criteria for evaluation.

A. In evaluating an application for a use by special exception, the Borough Zoning Hearing Board applies the guidelines and procedures associated with special exceptions as set forth in the Pennsylvania Municipalities Planning Code. No Zoning Hearing Board application is complete without the applicable fee.

B. The following criteria apply to all uses by special exception:

(1) Building and parking setbacks must be consistent with existing building and parking setbacks of adjoining and neighboring lots on the block in which the development is located. The location and arrangement of parking on a lot will be designed and constructed so that general safety and circulation is optimized and so that the impact of vehicles and lighting on rights-of-way or residential activity in proximity to the lot is minimized.

(2) A landowner and/or developer must provide a plan for photometrics of the lot. Illumination, when measured at a lot line, will be zero footcandle.

(3) Unless the landowner and/or developer can present a development alternative which demonstrates it is feasible that surface parking can only exist within a lot's yard which is adjacent to a street that serves as a main street (see Table 6.) or to another corner lot, no surface parking will front on a street that serves as a main street or on a corner lot of said street.

(4) To protect and/or safeguard the character of existing development in the Borough of Marietta, for cases where there is the re-use of a residential structure or a lot on which a residential structure exists, the landowner and/or developer will maintain the characteristics, inclusive of but not limited to massing, heights and exterior historical features, of said residential structure with surrounding residential structures.

(5) Hours of operation will be scheduled to minimize negative impacts on the surrounding neighborhood.

(6) A traffic impact study acceptable to the Borough Engineer may be required by the Borough to be submitted where the proposed development, according to the Institute of Transportation Engineers (ITE) standards, will generate 100 trips in addition to the adjacent roadways' peak-hour volumes.

C. Consideration of a use by special exception granted by the Borough Zoning Hearing Board, inclusive of any review or recommendations by the Borough Planning Commission, is predicated on the applicant's submission of a written application containing all of the information required under § 370-401D along with a site plan meeting the requirements of § 370-401F.

D. A written submission must demonstrate the use by special exception will meet the primary criteria outlined below and:

(1) Will not endanger the public health and safety if located where it is proposed and will not deteriorate the environment or generate nuisance conditions such as, but not limited to, those outlined in Article V.

(2) Meets all other requirements of this chapter in the zoning district where the use is proposed.

(3) Is in general conformity with the Borough Comprehensive Plan and is attractive and in harmony with the area in which it is proposed.

(4) Is an appropriate use on the proposed lot as a use by special exception.

(5) If defined as part of any special exception approval, said special exception use will be completed with the identified time frame.

(6) Upon approval of any special exception by the Zoning Hearing Board, any prior approved special exception for the same lot becomes null and void.

(7) Information including address of applicant, location of site, listing of landowner and/or developers who will receive notice of such application for a use by special exception, zoning district and other relevant information as defined by the Borough of Marietta are submitted.

E. In requesting a use by special exception, the applicant has both the duty of initially presenting evidence and the burden of persuading the Zoning Hearing Board that the proposed use satisfies the specific or objective requirements for the grant of a use by special exception as set forth in this chapter.

F. The site plan must show to scale the entire lot to be ultimately developed and indicate the location, height, and use of structures, driveways, signs, parking areas and topographical and/or natural features of the lot. An architectural rendering of the structures proposed must also be submitted.

G. The Zoning Hearing Board may attach reasonable conditions in order to protect the public's health, safety, and welfare. These reasonable conditions may include, but are not limited to, increased screening. Conditions shall be enforceable by the Zoning Officer, and the failure to comply with any conditions shall constitute a violation of this chapter and shall be subject to the penalties and remedies described in Article XI.

H. If the special exception is granted or the issuance of a permit is approved, or other action by an appellant is authorized, the necessary permit shall be secured and the authorized action begun within two years after the date when the variance or special exception is finally granted, or the issuance of a permit is finally approved, or the other action by an appellant is authorized, and the building or alteration, as the case may be, shall be completed within three years of said date. If said use is not completed within said time frame, the permit shall expire.

I. Approval of all uses by special exception contained in this chapter is subject to periodic inspections by the Zoning Officer to ensure compliance with the required conditions of approval. Such periodic inspections will be conducted annually while the use is conducting active operations.

J. As part of any application for Zoning Hearing Board review, the following special exceptions must submit an adequate traffic flow and parking plan acceptable to the Borough Engineer that shall demonstrate associated parking and circulation areas do not conflict with existing Borough developments and circulation patterns:

(1) Care facility (senior/care living), § 370-402A(2).

(2) Mixed residential (multiple types on a master planned lot), § 370-402A(3).

(3) Multifamily dwelling - duplex, § 370-402A(4).

(4) Multifamily dwelling - townhouse, § 370-402A(7).

(5) Cemetery/mausoleum, § 370-402B(4).

(6) Convenience store, § 370-402B(6).

(7) Food services - take-out/fast-food, § 370-402B(9).

(8) Funeral home, § 370-402B(11).

(9) Indoor recreation facility, § 370-402B(16).

(10) Office (including business, professional, medical, and veterinary), § 370-402B(20).

(11) Place of assembly/worship, § 370-402B(25).

§ 370-402 Standards and criteria.

In addition to the general standards and criteria for uses by special exceptions in § 370-401, an application for any of the following uses which are listed in any zoning district as a use by special exception shall comply with the following applicable standards and criteria.

A. Residential land uses.

(1) All other residential uses.

(a) Parking shall be provided on the same lot upon which the dwelling unit is located and be no more than 300 feet from any one unit.

(b) All parking spaces and driveways shall be surfaced with bituminous, brick, concrete or stone block paving material.

(c) The means of a building's ingress and egress shall meet requirements as outlined in the Pennsylvania Uniform Construction Code (UCC).

(d) A twelve-foot-wide fire/emergency access route shall be provided around the perimeter of each building. Topography or other characteristics of the site or the development that might affect the use of emergency equipment between buildings may dictate a greater separation of structures.

(e) The maximum number of units per building shall not exceed 12.

(f) The primary vehicular entrance to the residential development shall, at a minimum, have direct access to a collector road.

(g) The maximum height of lighting supports for outdoor parking areas and roadways shall be 25 feet.

(h) As part of all land development, the landowner and/or developer shall provide a plan for photometrics of the lot. Illumination, when measured at a lot line, shall be a maximum of one footcandle.

(i) Buffer yards between the residential development and any other adjacent residential lot shall be increased by 10 feet in addition to the Borough's required buffer yard width. Landscaping within this additional width shall be provided according to spacing, quantity and type of plants specified by the Borough Planning Commission.

(j) Slopes shall be graded at a maximum of a three-foot horizontal to one-foot vertical ratio.

(k) If the parking area for the residential development is adjacent to a single-family residential lot and contains more than 10 parking spaces, the following shall apply:

[1] An additional ten-foot buffer yard with one of the following shall be provided along the parking lot's perimeter to minimize the impact of inappropriate noise, dust, light and other disturbances on adjacent residential lots.

[a] One and one-half times the required number of plants for screening and buffering off-street parking and loading areas; or

[b] A mound, a minimum of 3.5 feet in height at its peak, shall be constructed whereas the sides do not exceed a four-foot horizontal to one-foot vertical change in elevation. The mound shall be landscaped in its entirety with plants that provide four seasons of interest but shall not include turf grass. The landowner and/or developer shall coordinate site drainage so that site development and grading do not create any adverse effects on adjacent lots.

(l) Dumpsters, if located on the lot, shall be located in the rear setback yard and shall be screened with an earth berm, landscaped buffer yard, fence or wall with a minimum height of eight feet if the dumpster has a peaked roof, and otherwise six feet, and a minimum opacity of 80%.

(m) The design and size of the residential use's living quarters shall conform to all applicable state and Borough standards/codes.

(n) For any proposed use that will occupy an existing residential structure, exterior modifications shall be limited to occur in only the rear and side as part of said reuse.

(2) Care facility (senior/care living).

(a) Total site area shall be a minimum of 40,000 square feet.

(b) A usable open space area of 100 square feet per bed shall be provided exclusive of the front yard setback, buffer strip and parking area.

(c) The lot shall be served by frontage on a public street and serviced by public sanitary sewers and public water.

(d) Sidewalk gradients shall be constructed to comply with Americans with Disabilities Act requirements.

(e) The facility shall be accessible for firefighting purposes and evacuation at all levels and on all sides; otherwise the facility shall not be more than two stories.

(f) Safe vehicular access and areas for discharging and picking up guests shall be provided.

(g) The location, orientation and lot circulation shall be coordinated with the Borough in order to minimize the disturbance of surrounding land uses.

(h) If the parking area for a life care community is adjacent to a single-family residential lot or development, the following shall apply for any parking areas that contains more than 10 parking spaces:

[1] In addition to that setback which is required by the development, a ten-foot setback with one of the following shall be provided along the parking lot's perimeter to minimize the impact of inappropriate noise, dust, light and other disturbances on adjacent residential lots.

[a] One and one-half times the required number of plants for screening and buffering off-street parking and loading areas; or

[b] A mound, a minimum of 3.5 feet in height at its peak, shall be constructed whereas the sides do not exceed a four-foot horizontal to one-foot vertical change in elevation. The mound shall be landscaped with plants that provide four seasons of interest not including turf grass. The landowner and/or developer shall coordinate lot drainage so that lot development and grading do not create any adverse effects on adjacent lots.

(i) The facility shall meet all state requirements for life care or nursing/convalescent care facilities in addition to those defined in this subsection.

(j) See § 370-401J.

(3) Mixed residential (multiple types on master planned lot).

(a) All dwelling units must conform to the bulk requirement and setback regulations as defined by this chapter.

(b) All dwelling units must be provided sufficient parking, either through off-street or on-street parking.

(c) See § 370-401J.

(4) Multifamily dwelling - duplex.

(a) Parking shall be provided on the same lot upon which the dwelling is located.

(b) See § 370-401J.

(5) Multifamily dwelling- historical residential unit conversion.

(a) All dwelling units within the historical conversion shall contain at least 400 square feet of habitable floor area.

(b) Any extensions or modifications to the external appearance of the building (except fire escapes) shall complement its residential character.

(c) All floors above or below grade shall have a permanently affixed direct means of escape to ground level.

(d) See also provisions associated with historic conversion (Article V).

(6) Multiunit dwellings - flat.

(a) Parking shall be provided on the same lot upon which the dwelling unit is located and be no more than 300 feet from any one unit.

(b) All parking spaces and driveways shall be surfaced with bituminous, brick, concrete or stone block paving material.

(c) The means of a building's ingress and egress shall meet requirements as outlined in the Pennsylvania Uniform Construction Code.

(d) A fire/emergency access route shall be provided around the perimeter of each building. Topography or other characteristics of the site or the development that might affect the use of emergency equipment between buildings may dictate a greater separation of structures.

(e) The maximum number of units per building shall not exceed 36.

(f) The primary vehicular entrance to a multiunit residential development shall, at a minimum, have direct access to a collector road.

(g) The maximum height of lighting supports for outdoor parking areas and roadways shall be 25 feet.

(h) As part of all land development, the landowner and/or developer shall provide a plan for photometrics of the lot. Illumination, when measured at a lot line, shall be a maximum of one footcandle.

(i) Buffer yards between a multiunit residential development and any other adjacent residential lot shall be increased by 10 feet in addition to the Borough's required buffer yard width. Landscaping within this additional width shall be provided according to spacing, quantity and type of plants specified by the Borough Planning Commission.

(j) Slopes shall be graded at a maximum of a three-foot horizontal to one-foot vertical ratio.

(k) If the parking area for a multiunit dwelling - flat is adjacent to a single-family residential lot and contains more than 10 parking spaces, the following shall apply:

[1] An additional ten-foot buffer yard with one of the following shall be provided along the parking lot's perimeter to minimize the impact of inappropriate noise, dust, light and other disturbances on adjacent residential lots.

[a] One and one-half times the required number of plants for screening and buffering off-street parking and loading areas; or

[b] A mound, a minimum of 3.5 feet in height at its peak, shall be constructed whereas the sides do not exceed a four-foot horizontal to one-foot vertical change in elevation. The mound shall be landscaped in its entirety with plants that provide four seasons of interest but shall not include turf grass. The landowner and/or developer shall coordinate site drainage so that site development and grading do not create any adverse effects on adjacent lots.

(l) Dumpsters, if located on the lot, shall be located in the rear setback yard and shall be screened with an earth berm, landscaped buffer yard, fence or wall with a minimum height of eight feet if the dumpster has a peaked roof, and otherwise six feet, and a minimum opacity of 80%.

(m) The design and size of the multiunit residential conforms to all applicable state and Borough standards/codes.

(7) Multifamily dwelling - townhouse.

(a) Parking shall be provided on the same lot upon which the dwelling unit is located.

(b) See § 370-401J.

B. Nonresidential land uses.

(1) All other nonresidential uses.

(a) A nonresidential use not expressly a permitted use, conditional use, or special exception may be permitted as a use by special exception upon the applicant's demonstration that the proposed use:

[1] Impacts the neighborhood and adjacent streets, circulation and lots equal to or less than any use specifically listed in the zoning district. In making such determination, the following characteristics shall be considered:

[a] The number of employees.

[b] The floor area of the building or gross area of the lot devoted to the proposed use.

[c] The type of products, materials, equipment and/or processes involved in the proposed use.

[d] The magnitude of walk-in trade.

[e] The traffic and environmental impacts and the ability of the proposed use to comply with the performance standards of this chapter.

(2) (Reserved)[1]

[1] Editor's Note: Former Subsection B(4), Banks and financial institutions, was repealed 3-10-2020 by Ord. No. 2020-02. See now § 370-302B(3).

(3) Bed-and-breakfasts.

(a) Guests shall be limited to a maximum length of stay of 30 consecutive days in any sixty-day period.

(b) No more than 16 guest sleeping rooms shall be available and/or utilized at any one time for the transient guests. Each guest room may provide lodging for up to two individuals, unless children under the age of 16 years are accompanying the guest. In no instance shall the total number of guests in the bed-and-breakfast exceed 32 people.

(c) No part of the facility shall be rented for social or business functions.

(d) The lot shall meet all area and bulk regulations of the zoning district in which it is located.

(e) Not more than one identification sign shall be permitted. The identification sign must conform to Article VI of this chapter.

(f) All required parking spaces shall be provided on the lot and shall not be located in the front yard.

(g) There shall be one space provided for each room, one space provided for each permanent resident and one space per full-time employee if this employee is not a permanent resident.

(h) The driveway entrance and all parking areas shall be constructed of well-compacted stone or better and approved by the Borough Engineer.

(i) A bed-and-breakfast expressly excludes alternative housing for criminal offenders, drug or alcohol rehabilitation, halfway house and similar uses.

(4) Cemetery/mausoleum.

(a) The minimum size of a cemetery shall be 10 acres.

(b) The landowner and/or developer shall provide a statement of guaranteed perpetual maintenance before approval is given.

(c) No burial sites shall be within 50 feet of any lot line or 100 feet of a street right-of-way, and no crematorium shall be within 200 feet of any lot line.

(d) Access drives shall be located to take maximum advantage of sight distances for motorists.

(e) See § 370-401J.

(5) Commercial school.

(a) Required off-street parking for the school shall be clearly designated and shall be located within 300 feet of the entrance to the school.

(b) All buildings shall be set back at least 15 feet from any adjoining land within a residential zoning district.

(c) Enrollment shall be defined as the largest number of students on the site at any one time during a seven-day period.

(d) Student dropoff and pickup areas shall be provided and arranged so that students do not have to cross traffic lanes on or adjacent to the site.

(6) Convenience store.

(a) In order to ensure pedestrian safety, access and circulation for both customers and deliveries/loading shall be posted on the lot.

(b) Loading areas and docks shall be screened from neighboring uses with either landscaping or fencing.

(c) Lighting associated with any canopy constructed on the lot shall be installed as internal illumination of the canopy only.

(d) Dumpsters shall be located in the rear of a lot and shall be screened with an earth berm, landscaped buffer yard, fence or wall with a maximum height of eight feet and a minimum opacity of 80%.

(e) Access driveways shall be a minimum of 28 feet wide and separated by 100 feet from one another, if located along the same frontage as measured from edge to edge.

(f) The storage of motor vehicles (whether capable of movement or not) for more than one month is prohibited.

(g) See § 370-401J.

(7) Emergency services.

(a) The minimum site required shall be one acre.

(b) Ingress and egress for police and fire stations shall be located so as to maximize sight distance along adjacent public streets.

(c) Fire stations, police stations and municipal maintenance facilities shall be located on the site so that vehicles and equipment can be maneuvered on the site without interrupting traffic flow or blocking public streets.

(8) Food services, sit-down (including restaurant).

(a) The food service establishment must designate at least 60% of its gross floor area accessible for patron use.

(b) The total size of the establishment must not exceed 4,000 square feet.

(c) Outdoor seating is permitted but will be included in the total gross floor area. Outdoor seating may not exceed 10% of the total gross floor area.

(9) Food services, take-out/fast-food.

(a) Exterior trash receptacles shall be provided and routinely emptied so to prevent the scattering of litter. All applications shall include a description of a working plan for the cleanup of litter.

(b) All drive-through-window lanes shall be separated from the parking lot's interior driveways and shall provide at least 100 feet of on-site stacking per lane, preceding the food order location.

(c) Any exterior speaker/microphone system shall be arranged and/or screened to prevent objectionable noise impact on adjoining lots.

(d) All exterior seating/play areas shall be completely enclosed by a minimum three-foot-high fence.

(e) See § 370-401J.

(10) Fuel/service stations.

(a) All minor repair work, vehicle washing, lubrication and installation of parts and accessories shall be performed within an enclosed building.

(b) All automobile parts, dismantled vehicles and similar materials shall be stored within an enclosed building or totally screened from view by a solid or privacy fence.

(c) All vehicles awaiting repair shall be stored on site in approved parking spaces and, under no circumstances, shall said vehicles be stored on or obstruct access to a public right-of-way.

(d) Canopies over gasoline pumps shall be subject to the requirements of Article VI of this chapter.

(e) Gasoline pumps shall be located at least 30 feet from the edge of the right-of-way of a public street.

(f) All fuel, oil, or similar substances shall be stored at least 25 feet from any lot line.

(g) The subject property shall be set back at least 300 feet from any lot containing a school, day-care facility, playground, library, hospital or nursing, rest or retirement home.

(h) All lighting shall be shielded and reflected away from adjacent lots, streets, and roadways.

(i) Buffer yards as defined by this chapter shall be provided along all lines adjoining an existing residential use or residential zoning district.

(11) Funeral home.

(a) Public sewer and water facilities shall be utilized.

(b) Sufficient off-street parking shall be provided to prevent traffic backups onto adjoining roads.

(c) Vehicular access to the site shall be from a main and side street, where possible.

(d) See § 370-401J.

(12) Gas and oil well.

(a) Applications for gas and oil well production must be accompanied by a site plan drawn by an architect, engineer or landscape architect showing the ingress and egress of all residential lots affected by the proposed use. The site plan shall reflect landscaping adequately so as to screen and buffer neighboring lots, and the availability of ingress and egress does not disturb residential dwellings. Gas and oil well production must be located a sufficient distance from inhabited structures so as to not disturb neighboring lots and in no event shall be located within 200 feet of any inhabited structure. Gas and oil production shall be limited exclusively to public parks within Marietta Borough.

(13) Health/fitness club.

(a) The establishment must be located on an arterial or collector street, including any provided off-street parking so as to not create parking and traffic issues upon any surrounding streets or residential developments.

(14) Home occupation, low-impact.

(a) The home occupation shall be carried on wholly within the principal or accessory structures.

(b) No more than 15% of the gross floor area of the principal dwelling and any accessory structures used shall be devoted to the conduct of the home occupation.

(c) Articles not produced on the premises shall not be sold on the premises.

(d) There shall be no display of merchandise available for sale on the premises; however, merchandise may be stored on the premises for delivery off the premises.

(e) Exterior displays or signs other than those permitted in this chapter, exterior storage of material and exterior indication of the home occupation or variation from the residential character of the principal structure shall not be permitted.

(f) Objectionable noise, vibration, smoke, dust, electrical disturbance, odors, heat, or glare shall not be produced. The use shall comply with the performance standards of this chapter.

(g) The use shall not significantly intensify vehicular or pedestrian traffic which is normal for the residences in the neighborhood.

(h) The use shall not require internal or external alterations or construction features which are not customary to a dwelling or which change the fire rating of a structure.

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

(j) The use shall not cause an increase in the use of water, sewage, garbage, public safety or any other municipal services beyond that which is normal for the residences in the neighborhood.

(k) The use shall not cause a negative impact on lot values in the immediate neighborhood.

(l) The home occupation shall not involve the use of commercial vehicles for regular delivery of materials to or from the premises, and commercial vehicles shall not be permitted to be parked on the premises.

(m) The following uses shall not be considered home occupations and shall be restricted to the zoning districts in which they are specifically authorized as permitted uses or uses by special exception, including, but not limited to:

[1] Spa/salons containing more than two chairs.

[2] Medical offices or care facilities.

[3] Veterinary offices and clinics.

[4] Social clubs.

[5] Private instruction to more than five students at a time.

[6] Restaurants.

[7] Automobile services (including service, sales).

(n) Day-care homes other than those defined in this chapter shall meet all of the foregoing requirements for a home occupation as well as the following additional requirements:

[1] Adequate areas for outdoor recreation shall be provided and shall be secured by a fence with self-latching gate.

[2] A safe area shall be provided for the dropoff and pickup of children which does not obstruct the free flow of traffic on any public street.

[3] Off-street parking shall be provided in accordance with the requirements of this chapter.

(15) Hotel/motel.

(a) Dropoff/temporary parking areas shall remain free and clear of obstructions for general safety and fire department access.

(b) A twelve-foot-wide fire/emergency access route shall be provided around the perimeter of each building. Topography or other characteristics of the site or the development that might affect the use of emergency equipment between buildings may dictate a greater separation of structures.

(c) Service of meals and/or beverages (alcoholic/nonalcoholic) must be secondary to the principal use of room or suite rental.

(d) Secondary eating establishments serving alcoholic beverages or secondary bars must be licensed by the Pennsylvania Liquor Control Board.

(e) The owner(s)/operator(s) of a hotel/motel shall be responsible for the conduct and safety of the renters and guests and shall be available to respond to inquiries and promptly quell any disturbances caused by renters or guests.

(16) Indoor recreation facility.

(a) There shall be one parking space per projected visitor at peak hours plus one space per employee working during peak hours.

(b) The structure's facade must conform to the essential character of the neighborhood or zoning district in order to preserve the integrity of the surrounding community.

(c) All facility equipment must be stored within the main structure.

(d) All dumpsters must be fully enclosed and not visible from the right-of-way adjacent to the front yard.

(e) See § 370-401J.

(17) Laundromat.

(a) The use shall comply with all performance standards specified in this chapter.

(b) Public sewer and water shall be used.

(c) All activities shall be conducted within a completely enclosed building.

(d) During operation or plant cleanup and maintenance, all windows and doors shall be kept closed.

(e) Any exhaust ventilation equipment shall be directed upwards toward the sky.

(f) 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.

(g) An inventory of toxic, corrosive, flammable, carcinogenic or explosive materials, chemicals, liquids, gases or solids stored and/or used on site shall be available upon request.

(18) Mixed use (nonresidential at street level with residential/nonresidential upstairs).

(a) Dwellings shall be located on any floor except the floor at street level.

(b) Entrance to all dwellings may be located on any floor except the floor at street level.

(c) To preserve historically established character of the zoning district, non-retail-oriented uses shall only be located on a floor not designated as the floor of the principal building at street level.

(d) Any additional standards that are needed to protect public health, safety and welfare or to address unique characteristics of a particular site defined by the Borough shall be complied with by the landowner and/or developer.

(19) (Reserved)[2]

[2] Editor's Note: Former Subsection B(19), Noncommercial greenhouse, was repealed 3-10-2020 by Ord. No. 2020-02. See now § 370-502R.

(20) Office.

(a) The location, orientation and lot circulation shall be such as to minimize the disturbance of the surrounding uses and adjacent traffic patterns.

(b) Service areas shall be contained to the rear of the lot and screened from all surrounding residential activity.

(21) Outdoor advertising.

(a) Location.

[1] Outdoor advertising shall not be erected within 500 feet of the boundary line of any residential zoning district or within 500 feet of any public or private school, place of worship or cemetery, said 500 feet being measured along the radius of a circle from the centermost point of the outdoor advertising structure extending in all directions.

[2] Outdoor advertising shall maintain a lateral minimum spacing between any existing or proposed outdoor advertising structures of 1,000 feet. Required spacing shall be measured along both sides of the same roadway frontage from the centermost point of the outdoor advertising structure along a line extending from the centermost point of the outdoor advertising that is parallel to the center line of the roadway to which the outdoor advertising is oriented.

[3] The minimum front, side, and rear yard requirements applying to a principal structure as set forth within the zoning district in which the outdoor advertising is to be located shall apply to each outdoor advertising structure.

[4] No outdoor advertising shall be erected in such a manner as to block the view from the road or street, of any existing business identification sign, residential or nonresidential structure, or limit or reduce the light and ventilation requirements under the Pennsylvania Uniform Construction Code.

[5] No outdoor advertising shall be constructed within the clear sight triangle of the public street or road on which it is situated and shall not in any case obstruct or impede traffic safety.

[6] No sign shall be erected over any sidewalk or public right-of-way.

[7] Outdoor advertisings shall not be part of a roof or wall nor shall they be mounted on the roof, wall, or other part of a building or any other structure.

(b) Size and height. Outdoor advertising shall have a maximum allowable gross surface area of 300 square feet per sign face. This gross surface area shall be permitted, provided that all of the following additional requirements are met:

[1] An outdoor advertising shall have no more than two sign faces per outdoor advertising structure which may be placed back to back or in a V-shaped configuration having an interior angle of 90° or less.

[2] The dimensions of the gross surface area of the outdoor advertising's sign face shall not exceed 20 feet in total height or 25 feet in total length, provided that the total allowable gross surface area for the sign face is not exceeded.

[3] An outdoor advertising structure shall have a maximum height of 40 feet above the curb of the roadway from which it is intended to be viewed.

(c) Construction methods. Outdoor advertising structures shall be constructed in accordance with applicable provisions of the Pennsylvania Uniform Construction Code and shall meet all of the following additional requirements:

[1] The entire base of the outdoor advertising structure parallel to the sign face shall be permanently landscaped with suitable shrubbery and/or ornamental grasses of a minimum height of three feet. The shrubbery and/or ornamental grasses shall be placed in such manner as to screen the foundation of the structure.

[2] Required landscaping, as defined in Article II of this chapter, shall be maintained by the outdoor advertising structure owner in an attractive and healthy manner in accordance with the Borough's accepted best management/conservation practices.

[3] No bare cuts shall be permitted on a hillside.

[4] All cuts or fills shall be permanently seeded or planted.

(d) Lighting.

[1] An outdoor advertising with display lighting shall be constructed so that it does not glare upon an adjoining lot and shall not exceed a maximum of one footcandle upon the adjoining lot.

[2] Display lighting shall not operate between 12:00 midnight and 5:00 a.m., prevailing local time.

[3] No display lighting shall cause distractions, confusion, nuisance or hazard to traffic, aircraft or other lots.

[4] The use of colored lighting shall not be permitted; white light is the only permitted use.

(e) Appearance.

[1] No outdoor advertising structure, sign face or display lighting shall cause distractions, confusion, nuisance or hazards to traffic, aircraft or other lots.

[2] No sign face image shall contain parts that move, scroll, flash, glitter or emit noise.

[3] A sign face that rotates to display two or three separate sign face images shall be permitted, provided that each image is displayed for at least 30 consecutive seconds every time it is shown.

[4] A maximum of 75 square feet of a sign face may be used to display a changeable copy sign. Lettering and other images on the changeable copy sign shall be displayed for at least 30 consecutive seconds every time it is shown.

(f) Maintenance.

[1] An outdoor advertising structure shall be entirely painted every three years, unless constructed of an approved corrosive-resistant material.

[2] Every 10 years, the owner of the outdoor advertising structure shall have a structural inspection made of the outdoor advertising by a registered engineer and shall provide to the Borough a certificate from the engineer certifying that the outdoor advertising is structurally sound.

[3] The Borough reserves the right to perform annual inspections of the outdoor advertising structure to determine compliance with this chapter.

[4] Outdoor advertising found to be in violation of this chapter shall be brought into compliance or removed within 30 days upon proper notification by the Borough.

[5] Outdoor advertising using removable paper or other materials shall be maintained in such condition as to eliminate loose or frayed material protruding or hanging from the structure. All loose paper and other waste materials shall be removed and disposed of properly within 14 days from when fraying begins.

(g) Liability insurance.

[1] The a shall provide a certificate of insurance for public liability and lot damage which holds the Borough harmless. The amount of insurance to be maintained shall be determined by resolution of the Borough Council. The insurance certificate shall contain a clause stating that the insurance shall not be canceled or reduced without first giving 10 days' notice to the Borough.

(h) Permits.

[1] Prior to submission of an application for a sign permit, the applicant for outdoor advertising shall obtain and submit with the application approvals from Lancaster County, and/or the United States Federal Aviation Administration (FAA) and the Pennsylvania Department of Transportation, when applicable.

[2] Approval of the use by special exception shall be valid for six months from the date of action by the Borough. If the applicant fails to obtain a sign permit for the approved outdoor advertising within the six-month period, approval shall expire automatically, without written notice to the applicant.

(i) Application fees.

[1] Said outdoor advertising application shall be accompanied by an application fee in an amount equal to that set from time to time by resolution of the Borough Council.

(j) Nonconforming outdoor advertising.

[1] Any outdoor advertising that does not conform to all the requirements of this section shall not be enlarged or moved.

[2] Any outdoor advertising that is damaged or destroyed by more than 51% of its replacement value at the time of damage or destruction shall be reconstructed only in compliance with all provisions of this section.

(22) (Reserved)[3]

[3] Editor's Note: Former Subsection B(22), Parking lot or facility, public, was repealed 3-10-2020 by Ord. No. 2020-02. See now § 370-302B(5).

(23) (Reserved)[4]

[4] Editor's Note: Former Subsection B(23), Parking lot, private, was repealed 3-10-2020 by Ord. No. 2020-02. See now § 370-302B(6).

(24) Personal and professional services.

(a) The establishment must not exceed a gross floor area of 2,500 square feet.

(25) Place of assembly/worship.

(a) The minimum lot area shall be 1/2 acre.

(b) A place of assembly/worship's primary visitor dropoff and pickup area shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood.

(c) The number of points of ingress/egress shall be based upon projected peak-hour traffic for the use and approved by the Borough Engineer to ensure employee and visitor safety.

(d) Hours of operation and events shall be scheduled to minimize negative impacts on the surrounding neighborhood.

(e) As part of all land development, the landowner and/or developer shall provide a plan for photometrics of the lot. Illumination, when measured at a lot line, shall be a maximum of one footcandle.

(f) For parking that contains more than 300 parking spaces, additional setbacks, screening and buffering of off-street parking and loading areas may be required to be provided in order to protect the surrounding neighborhood from inappropriate noise, dust, light and other disturbances.

(g) See § 370-401J.

(26) Public utility building.

(a) Front, side and rear yards shall be provided in accordance with the regulations of the zoning district in which the facility is located.

(b) Height restrictions shall be as required by the zoning district regulations.

(c) Unhoused equipment shall be enclosed within a fence constructed of materials present on the majority of adjacent principal structures. Said fence shall be a minimum of six feet in height.

(d) Housed equipment. When the equipment is totally enclosed within a building, no fence or screen planting shall be required and the yards shall be maintained in accordance with the zoning district in which the facility is located.

(e) The external design of the building shall be to the greatest extent possible in conformity with the design of the majority of buildings on the block, block face and adjacent lots of the subject lot.

(27) Retail, small-scale.

(a) The establishment may not exceed a gross floor area of 2,500 square feet.

(b) The establishment must designate at least 60% of its gross floor area to the public display of merchandise or goods.

(27A) Retail, large-scale.

[Amended 3-10-2020 by Ord. No. 2020-02]

(a) Hours of operation shall be scheduled to minimize negative impacts on surrounding residential neighborhoods.

(b) Building setbacks shall be consistent with the existing building setbacks of adjoining lots.

(c) As a part of all land development, the landowner and/or developer shall provide a plan for photometrics of the lot. Illumination on a lot, when adjacent to a residential zoning district, shall be a maximum of one footcandle. Lighting levels shall also be reduced by 1/2 their standard operating power, between 11:00 p.m. and 6:00 a.m.

(d) A traffic flow plan acceptable to the Borough Engineer shall demonstrate adequate associated circulation areas do not conflict with existing Borough development and circulation patterns.

(28) Social club/hall.

(a) The hours of operation must be conspicuously posted at the business premises such that patrons are sufficiently apprised of the same.

(b) Such club shall not remain open and/or transact business between the hours of 2:00 a.m. and 8:00 a.m., prevailing time of each day. No club located within 500 feet of a residence or place of worship shall be open or operated on Sunday.

(29) Spa/salon.

(a) Parking areas must be placed on the side or the rear of the structure as not to obstruct pedestrian pathways nor disturb traffic circulation through the primary roadway.

(b) Signage must conform to the regulations outlined in this chapter.

(c) All waste must be discarded safely in trash cans that are entirely enclosed in a container to prevent hazardous waste leakage. Dumpsters will not be permitted.

(30) Studio.

(a) Retail sales shall occur on the lot.

(31) Tower, communication.

(a) Use regulations.

[1] A telecommunication tower with antenna that is attached to an existing communications tower, smokestack, water tower, or other tall structure is permitted as a use by special exception in designated zoning districts. The height of the antenna shall not exceed the height of the existing structure by more than 12 feet. If the antenna is to be mounted on an existing structure, a full site plan shall not be required.

[2] A telecommunication tower that is not mounted on an existing structure or that is more than 12 feet higher than the structure on which it is mounted is only permitted as a use by special exception in designated zoning districts.

[3] All other uses ancillary to the communication tower and associated equipment (including a business office, maintenance depot, vehicle storage, etc.) are prohibited from the communication tower unless otherwise permitted in the zoning district in which the communication tower is located.

(b) Standards of approval.

[1] The owner of the communication tower is required to demonstrate, using technological evidence, that this tower must go where it is proposed in order to satisfy its function in the company's grid system.

[2] If the communication tower owner proposes to erect a new tower (as opposed to mounting the antenna on an existing structure), it is required to demonstrate that it contacted the owners of tall structures within a one-mile radius of the site proposed, asked for permission to install the antenna on those structures and was denied for reasons other than economic ones. This would include smokestacks, water towers, tall buildings, antenna support structures of other communication phone companies, other communications (fire, police, etc.), and other tall structures. The Borough may deny the application to construct a new tower if the applicant has not made a good faith effort to mount the antenna on an existing structure.

[3] Tower height. The applicant shall demonstrate that the tower is the minimum height required to function satisfactorily. No communication tower that is taller than this minimum height shall be approved.

[4] Setbacks from the base of the communication tower support structure. If a new communication tower support structure is constructed (as opposed to mounting the antenna on an existing structure), the minimum distance between the base of the support structure and any lot line or street right-of-way shall be 115% of the tower's height with the minimum setback equal to 25 feet.

[5] The communication tower must be erected to comply with manufacturer requirements and accepted engineering standards.

[6] The communication tower shall be securely anchored in a fixed location on the ground, and the applicant shall provide qualified documentary evidence that the proposed structure will withstand wind, snow, ice and other natural forces. The applicant shall also demonstrate that the proposed tower and support structure are safe and the surrounding areas will not be negatively affected by support structure failure, radio frequency, falling ice or other debris. The communication tower shall meet radio emission standards adopted by the Federal Communications Commission (FCC).

[7] The communication tower, or the yard area containing the communication tower, shall be protected and secured to guarantee the safety of the general public. Fencing shall consist of galvanized chain-link, eight feet in height, and installation of anti-climbing safety devices will be required at a minimum to demonstrate compliance with this subsection. Associated supports and guide wires shall not be located within the required setbacks.

[8] The applicant shall submit to the Borough Planning Commission a site plan or survey of the lot certified by an engineer, landscape architect or architect. The applicant must also submit a fencing and landscaping plan with the application for use by special exception.

[9] Only one communication tower shall be permitted per lot.

[10] The communication tower in its operation will not endanger the health, safety and welfare of the public.

[11] The applicant will provide, at the Borough's request, copies of FCC licenses for all users of the facility. Use approval is contingent upon the maintenance of FCC licenses for all users of the communications facility. Any grant of use by special exception hereunder will automatically expire if said license ever expires.

[12] Communication tower owners shall be responsible for removing all communication towers whose licenses have expired. Removal of the tower shall occur within one calendar year following the expiration date of the license.

[13] Landscaping. Outside of the required fencing, a landscaping screen of evergreen trees planted 10 feet on center and a minimum six feet in height shall be required.

[14] In order to reduce the number of antenna support structures needed in the community in the future, the proposed support structure shall be required to accommodate other users, including other cellular phone companies, and police, fire and ambulance companies and other public and emergency management entities.

[15] Communication tower and support structures fewer than 200 feet in height should be painted silver or have a galvanized finish retained in order to reduce the visual impact. Where a communication tower and support structure are located within existing woodland, the communication tower and support structure shall be painted dark green.

(c) Additional standards. In addition to the foregoing, the following standards shall also apply to communication towers and the applications for use by special exception:

[1] Inspection. The Borough Council may require periodic inspections of communication towers to ensure structural integrity. Such inspections may be required by owners as follows:

[a] Monopole towers: at least once every three years;

[b] Self-support towers: at least once every three years;

[c] Guyed towers: at least once every three years.

[2] Inspections shall be conducted by an engineer licensed by the Commonwealth of Pennsylvania. The result of such inspections shall be provided to the Borough. Based upon results of an inspection, the Borough may require repair or removal of a communication tower.

[3] Equipment in a transmission facility shall be automated to the greatest extent possible to reduce traffic and congestion. The applicant shall describe anticipated maintenance needs, including frequency of service, personnel needs, equipment needs and traffic, noise, or safety impact of such maintenance. Where the site abuts or has access to a collector and local street, access for maintenance vehicles shall be exclusively the means of the collector street. A surfaced and maintained driveway or with parking inside the fence boundaries must also be constructed.

[4] When lighting is required and permitted by the FAA or other federal or state authority, it shall be oriented inward so as not to project onto a surrounding lot.

[5] Prior to the site plan certification, the applicant shall provide documentation that the proposed communication tower has been reviewed and is not determined to be a hazard by the FAA or the authorized Lancaster County department. Said department shall review the communication tower application to determine if it is a hazard to any FAA flight paths.

[6] Applicants will be required to execute a developers agreement with the Borough Council.

(32) Tower, noncommunication.

(a) The structure must be constructed so that it is able to collapse upon itself.

(33) Warehouse.

(a) Every portion of the property used for warehouse uses shall be located not closer than 200 feet from any abutting property that is in a different zoning district.

(b) All vehicular maneuvering shall be located on-site.

(c) Curb cuts shall be minimized to the maximum extent feasible in order to achieve access to the site.

(d) The applicant shall provide a detailed description of the nature of the on-site activities and operations, the types of materials stored, the frequency of distribution and restocking, the duration period of storage of materials, and the methods for disposal of any surplus or damaged materials. In addition, the applicant shall furnish evidence that the disposal of materials will be accomplished in a manner that complies with state and federal regulations.

(e) The Zoning Hearing Board shall determine that such use will not create detrimental impacts on the surrounding lots, taking into consideration the probable traffic generation, the physical relationship of the proposed use and structure to surrounding uses and structures, the emission of noise or glaring light, and proposed accessory uses, such as meeting facilities.

(f) Loading areas shall not be visible from a public right-of-way or an adjacent residence. A landscaped buffer yard a minimum of 25 feet in width shall be provided adjacent to all existing residences. Buffer yards shall be landscaped with a combination of deciduous and evergreen trees, shrubs, ornamental grasses and ground covers.

(g) Grass, sod, lawn or turf shall not be considered an acceptable plant for use within landscaped buffer yards.

(h) Outdoor storage of foods and/or materials shall not be permitted.

(i) The ground surface of off-street parking and loading spaces shall be paved with bituminous paving, brick, concrete or stone block paving material to protect the surrounding neighborhood from inappropriate dust and other disturbances.

(j) The building height of a warehouse located within the Trail/Rail/River Zoning District shall be compatible with the building height of adjacent lots buildings.