Borough of Homestead, PA Part 5 Additional Requirements for Specific Uses

§ 27-501 General intent.

1. This Part establishes additional specific requirements for certain specific uses, in addition to the sign, parking, floodplain, historic design and other general requirements of this Zoning Chapter and the requirements of each district. Wherever two requirements conflict, the more restrictive requirement upon the applicant shall apply.

2. For uses allowed within a specific zoning district as conditional uses, see the procedures and general standards in Part 12. These §§ 27-502 and 27-503 list a set of additional standards to be used in determining whether a proposed conditional use should be approved.

3. General provisions and exceptions.

A. Mixed uses. Land, buildings and structures shall be designed and used only for authorized uses within respective zoning districts. Except where specifically authorized by this chapter, multiple uses of land, buildings or structures are prohibited in the R-1, R-2 and R-3 Districts.

B. Dwelling in a basement. No dwelling unit or units shall be contained in a basement or cellar, which basement or cellar does not have 50% or more of its average height above grade level.

C. Clear sight distances at intersections. A clear sight triangle, as defined by this chapter, shall be maintained at all intersections of public and/or private streets and driveways in all zoning districts. Required sight distances along intersecting streets/driveways shall be in accordance with the current applicable PennDOT standards.

D. Exotic animals. Exotic animals such as lions, tigers, bears, large or poisonous snakes, alligators and similar animals shall not be permitted in any zoning district.

§ 27-502 Additional requirements for specific principal uses.

1. Adult use. (This is limited to the following: adult bookstore, adult movie theater, massage parlor or adult live entertainment facility use or any one or group of same as may be specifically indicated herein.)

[Amended 7-13-2006 by Ord. No. 1184]

A. The exterior walls of any structure of such use shall not be located within 500 lineal feet of any residential district or the lot line of any primary school, secondary school, place of worship, day-care center, child nursery, library, existing dwelling not owned by the same owner as the adult use, public park or lot marked on any official Borough map as a proposed future park.

[Amended 9-13-2007 by Ord. No. 1196]

(1) For the purposes of this subsection, the POSP District bordering the WDD and the trail along the Monogahela River within the WDD shall not be a public park.

B. No such use shall be located within 1,000 lineal feet of any existing adult use.

C. A thirty-five-foot buffer yard shall be provided along the side and rear lot lines in accordance with § 27-1102, but with plantings of an initial minimum height of five feet.

D. No pornographic or sexually explicit material, sign, silhouette, display or word shall be placed in view of persons who are not inside of the establishment. See § 27-904, Prohibited signs.

E. The owner of the establishment shall be strictly responsible for prohibiting minors from entering the premises.

F. No such use shall be used for any purpose that violates any federal, state or Borough law.

G. Only the adult live entertainment facility use shall be allowed in combination with the sale of alcoholic beverages, contingent upon it obtaining and maintaining all necessary licensing and approvals from the Pennsylvania Liquor Control Board.

H. The use shall not include the sale or display of obscene materials, as defined by state law, as may be amended by applicable court decisions.

I. No such use shall permit the direct tipping by a customer or any other payment of cash or other items of value by a customer directly to a person providing entertainment in an adult live entertainment facility.

J. These uses are specifically prohibited in all districts except where specifically permitted by Part 3.

K. A minimum lot area of one acre is required, unless a larger lot is required in the applicable district regulations.

L. For public health reasons, private or semiprivate viewing booths of any kind are prohibited. This specifically includes, but is not limited to, booths for viewing adult movies or nude dancers. No room of any kind accessible to customers shall include less than 150 square feet.

M. No use may include live, actual or simulated sex acts or any sexual contact between entertainers or between entertainers and customers or between customers.

N. No live entertainment facility use shall allow any physical contact between entertainers and patrons, and entertainers shall be at least six feet away from patrons at all times.

O. Only lawful massages, as defined by state court decisions, shall be performed in a massage parlor.

P. All persons within any adult use, other than performers in an adult live entertainment use, except as otherwise required by the Pennsylvania Liquor Control Board, shall wear nontransparent garments that cover their genitals and the female areola and shall otherwise comply with all other state, federal and local laws and regulations regulating nudity, health, sanitation and safety.

Q. [1]Any application for such use shall state the names, home addresses and home phone numbers of: a) all individuals to have more than a five-percent ownership in such use and all officers, directors, partners or members of any entity to hold more than a five-percent interest in the use; b) the on-site manager or managers responsible to ensure compliance with this Zoning Chapter; and c) any legal representative of the applicant. Such information shall be updated once a year in writing to the Zoning Officer.

[1] Editor's Note: Original Subsection A(17), regarding written notice of proposed hearing dates, was repealed 9-13-2007 by Ord. No. 1196.

R. Notwithstanding anything to the contrary in this chapter, whenever the regulations of this subsection are at variance with any other lawfully adopted rules, regulations, ordinances, deed restrictions or covenants, the regulations of this subsection shall prevail.

[Added 9-13-2007 by Ord. No. 1196]

S. Notwithstanding anything to the contrary in this chapter, whenever any regulation of this chapter is challenged as violating the United States Constitution and/or the Pennsylvania Constitution either facially or as applied, the court shall, if at all possible under the circumstances, interpret the regulation in a manner that avoids a conflict between the regulation and the United States Constitution and/or the Pennsylvania Constitutions.

[Added 9-13-2007 by Ord. No. 1196]

2. Apartment in combination with office or retail.

A. Each dwelling unit shall have a minimum habitable floor area in accordance with the following:

(1) One-bedroom units: 1,000 square feet.

(2) Two-bedroom units: 1,250 square feet.

(3) Three-bedroom units: 1,310 square feet.

(4) Four-bedroom units: 1,970 square feet.

B. Dwelling units in basements, garages or other accessory buildings shall not be permitted.

C. The entrance for the dwelling unit or units shall be designed so that it is not necessary to walk through the business establishment to access any dwelling unit; however, the business establishment(s) and the dwelling unit(s) may share a common corridor.

D. Dwelling units shall not be permitted on the ground or street floor of any building containing one or more business establishments.

E. Off-street parking shall be provided on the lot in accordance with the ratios for each use specified in Part 10 of this chapter. Shared parking for residential and business uses shall not be permitted.

3. Automobile, mobile/manufactured homes sales.

A. The business shall include a permanent building on site for offices, display and/or repair. A trailer shall not be used to meet this requirement. The building shall have a minimum gross floor area of 3,000 square feet.

B. No automobile, manufactured home sales and service establishment shall be located within 500 feet of any residential building.

C. Areas for vehicular display and customer parking shall be paved or otherwise improved and shall maintain at least a five-foot landscaped setback from all property lines. Landscaping shall be in compliance with buffer yard provisions in § 27-1102, except for areas of egress and ingress.

D. If an automobile service station is an accessory use, all conditions required herein for the primary and accessory use shall be met.

E. If a vehicular repair garage is an accessory use, all conditions required herein for said use shall be met. All repair work, automotive preparation work and storage of vehicles, including motor homes, mobile homes, boats, campers, trailers and other vehicles or accessory vehicles, shall be within an enclosed building.

F. No strings of lights, flags, flashers or any other display paraphernalia shall be permitted. Lighting from spot or flood lights shall be oriented away from adjacent highways and properties.

G. No vehicle shall be displayed or offered for sale outdoors which does not have all mechanical and body components necessary for safe and lawful operation in the commonwealth.

4. Automobile repair garage or auto service station.

A. No automobile repair garage or service station shall be located within 500 feet of another automobile repair garage or service station.

B. Access driveways to the repair garage or service station shall be at least 30 feet from the right-of-way line of the intersection of any public streets.

C. Fuel pumps, air towers and water outlets may be located outside an enclosed building, provided that no portion of these facilities shall be closer than five feet to any property line.

D. The following services, and no others, may be rendered in conjunction with the automobile repair garage or service station: state inspections; lubrication; oil changes; tire servicing and repair (excluding recapping or regrooving), sale and servicing of spark plugs, batteries and distributors and distributor parts; replacement of mufflers and tail pipes, water hoses, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, windshield wipers and wiper blades, grease retainers, wheel bearings, mirrors and the like; radiator cleaning and flushing; washing and polishing and sale of automotive washing and polishing materials; providing and repairing fuel pumps, oil pumps and lines; minor servicing and repair of carburetors; adjusting and repairing brakes; minor motor adjustments not involving removal of the head or crankcase or racing the motor; sales of beverages, packaged foods, tobacco and similar convenience goods for station customers, as accessory and incidental to principal operation; the provision of road maps and other informational material to customers; and provision of rest room facilities. All services shall be conducted entirely within a building.

E. All automobile parts and supplies shall be stored within a building, except that automotive supplies may be displayed for sale at the fuel pump and at a distance no greater than five feet from the pumps.

F. All refuse shall be stored in compliance with Chapter 143, Fire Prevention, [2] and other applicable ordinances.

[2] Editor's Note: Chapter 143, Fire Prevention, was superseded 4-8-2004 by Ord. No. 1154, which provided for the Borough to administer and enforce the Uniform Construction Codes. See now Ch. 5, Code Enforcement.

G. No vehicle shall be parked or stored on a public right-of-way or property at any time. Nonoperable vehicle or vehicles awaiting repairs may be parked or stored on the premises, provided that they do not exceed the number of available off-street parking spaces for the service station.

H. Rental of automobiles, vans (less than 20 feet long) or utility trailers shall be an authorized accessory use, provided that no more than three vehicles are visible on the premises at any time; additional parking spaces shall be provided for each unit in addition to regular parking requirements.

I. Off-street parking spaces shall be provided in accordance with § 27-1006 of this chapter.

J. All surplus items resulting from repair, including but not limited to fluids, batteries and tires, shall be properly disposed of in accordance with federal, state and local laws and ordinances.

5. ATM.

A. Any outdoor ATM or similar establishment shall be well-lighted at all hours and shall be easily visible from the public street right-of-way upon which the lot has frontage.

B. At least two additional off-street parking spaces shall be required for each outdoor ATM.

C. A trash receptacle shall be installed and maintained for each approved ATM, and the owner of the establishment shall be responsible for the daily policing of the establishment for litter and trash generated by customers of the establishment.

D. Any drive-through or drive-in ATM shall be accessible without exiting a motor vehicle.

6. Bakery, wholesale.

A. The site shall have direct vehicular access to an arterial or collector street, as defined by this chapter.

B. Adequate off-street loading areas shall be provided in accordance with the requirements of § 27-1010 of this chapter.

C. Shipping and receiving shall not be permitted between the hours of 7:00 p.m. and 7:00 a.m. if the site is located within 250 feet of any property line of property used for residential purposes.

7. Bed-and-breakfast.

A. The minimum lot area required shall be 6,000 square feet.

B. The maximum number of sleeping rooms offered shall be four.

C. The owner/operator shall be a full-time resident of the dwelling.

D. No meals, other than breakfast, shall be served on the premises. Meals shall not be served to customers who are not overnight guests.

E. The maximum length of stay for any guest shall be seven consecutive overnight stays in any thirty-day period.

F. No sign shall be permitted, other than a placard mounted on the wall of the dwelling, which shall not exceed six square feet in area and which shall contain only the name and address of the bed-and-breakfast and the name of the proprietor.

G. One off-street parking space shall be provided on the lot for each sleeping room. Off-street parking shall be screened from adjoining residential properties by a six-foot compact hedge or fence.

8. Boarding/lodging home. See personal care, boarding home, group care facilities or transitional dwelling in this section.

9. Bottle club

A. The public sidewalk and adjacent rights-of-way shall not be used for loitering.

B. A sufficient amount of parking must be supplied as per Part 10 of this chapter.

C. There must be at least one security guard on duty during business hours.

D. There shall be no advertising for the bottle club anywhere on the exterior of the building that houses the bottle club.

E. All activities must occur indoors, and the noise volumes generated must fall within the standards established in the Borough's Noise Ordinance. [3]

[3] Editor's Note: See Ch. 6, Part 8, Noise.

F. All waiting lines for entry shall be contained within the building, and there must be a minimum of 100 square feet of waiting space within the building.

G. A certificate of occupancy for a bottle club shall be issued by the Zoning Officer.

H. Maximum occupancy shall be in accordance with the local building code.

I. Hours of operation shall be from noon to 10:00 p.m.

J. All types of entertainment are permitted, except for those permitted in adult entertainment facilities and adult movie theater and those prohibited by § 7329 of the Pennsylvania Crimes and Offenses Code (Title 18).

10. Building materials storage and sales or hardware store.

A. The site shall have direct vehicular access to an arterial or collector street, as defined by this chapter.

B. Adequate off-street loading areas shall be provided in accordance with the requirements of § 27-1010 of this chapter.

C. All materials stored outside of a completely enclosed building shall be secured by an eight-foot wood privacy fence, chain link fence supplemented with opaque screening material or a screening fence which creates a visual barrier that is at least 80% solid.

11. Car wash.

A. Repair work and car lubrication shall be performed on the property if all requirements of automobile repair garage or auto service station of this section are met.

B. All automated washing facilities shall be in a completely enclosed building, as defined by this chapter. All other car washing facilities shall be under roof with at least two walls.

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

D. Standing spaces shall be provided in accordance with the requirements specified for drive-in facilities of this section.

E. The facility shall be connected to public sewers.

F. Gasoline pumps for servicing cars may be located on the property, provided that they are located no closer than five feet from any property line.

G. Driveway entrances shall be located at least 30 feet from the right-of-way line of the intersection of any public streets.

H. On-lot traffic circulation channels and parking areas shall be clearly marked.

12. Carpenter shops.

A. All equipment, materials and operations shall be within completely enclosed building.

B. The operation shall comply with the performance standards of Part 7 of this chapter.

C. Off-street parking shall be provided for each employer and employee for any area devoted to retail sales.

D. No volatile fluids shall be stored outside. The handling and storage of volatile fluids shall comply with Chapter 143, Fire Prevention.[4]

[4] Editor's Note: Chapter 143, Fire Prevention, was superseded 4-8-2004 by Ord. No. 1154, which provided for the Borough to administer and enforce the Uniform Construction Codes. See now Ch. 5, Code Enforcement.

E. There shall be no outside storage of raw materials or finished products.

F. Adequate provisions shall be made for proper ventilation to maintain a safe and sanitary environment inside the building.

G. Adequate provisions shall be made for the storage and proper disposal of sawdust, wood shavings and other wood-related waste material.

13. Cemetery.

A. Minimum lot area: two acres.

B. All structures and graves shall be set back a minimum of: 30 feet from the lot line of an abutting dwelling or any undeveloped residentially zoned lot, 20 feet from the existing right-of-way of any public street and 10 feet from the cartway of an internal driveway.

C. No grave sites shall be located within the one-hundred-year floodplain.

D. The use shall include an appropriate system to ensure perpetual maintenance.

14. Commercial forestry. The following provisions shall apply to forestry operations involving the cutting down in a calendar year of more than 25 live trees of more than six-inch trunk diameter (measured at 4.5 feet above the surrounding average ground level). See exceptions below, which describes situations in which the following provisions do not apply.

A. A forestry management plan shall be prepared and followed for any forestry involving more than 10 acres. Such forestry management plan shall be submitted to the Zoning Officer and shall be provided to the Planning Commission for an advisory review prior to issuance of a permit. The forestry management plan shall be prepared by a professional forester who has graduated with a minimum of a bachelor's degree in forestry from a college or university accredited by the Society of American Foresters.

(1) The forestry management plan shall be consistent with the Timber Harvesting Guidelines of the Pennsylvania Forestry Association.

(2) The forestry management plan shall describe proposed reforestation measures, except as follow:

(a) Where clearing is necessary to convert Class I, II or III soils for agricultural use.

(b) For areas that will naturally become reforested.

(c) For areas necessary to be cleared for development approved under this chapter.

(3) A twenty-foot-wide buffer of existing trees shall be maintained abutting public streets and existing dwellings, except for necessary ingress and egress of vehicles, except such buffer abutting a dwelling may be waived in writing by the owner of such dwelling.

(4) The Borough Zoning Officer shall be notified a minimum of three working days prior to the initiation of forestry activities. The Borough Council may authorize one or more persons to assist the Zoning Officer in overseeing operations.

B. An erosion and sedimentation control plan shall be submitted to the County Conservation District for any review and recommendation.

C. All forestry shall maximize use of selective cutting and/or reforestation and shall minimize clear-cutting. Clear-cutting is prohibited on areas exceeding 25% slope and within 100 feet of the center line of a perennial waterway.

D. Clear-cutting of trees shall not exceed a total of more than two acres, except for areas approved for development.

E. Logging roads, skid trails and landings shall be properly revegetated after forestry operations are complete.

F. No trees shall be skidded into or across a perennial waterway.

G. Exceptions. The provisions of these commercial forestry regulations shall not apply to the following.

(1) A bona fide plant nursery or Christmas tree farm.

(2) The removal of trees on a residential lot of less than two acres after occupancy by a family.

(3) The removal of up to 25 trees per lot, or on any combination of adjoining lots in common ownership, with a trunk diameter of six inches or more in any calendar year.

(4) The routine thinning of woods involving the cutting down on one or more abutting lots in a calendar year of up to 20% of the trees of greater than six inches trunk diameter, with such cutting well distributed throughout the wooded area.

(5) The removal of trees with a trunk diameter of less than six inches.

(6) The removal of trees meeting any of the following conditions, which shall not require review or approval by the Borough:

(a) The tree is located within 10 feet of an uncurbed vehicular cartway.

(b) The tree is within three feet of a proposed or existing vehicular cartway, shoulder or sidewalk.

(c) The tree is within 10 feet of an approved stormwater detention basin, paved area, driveway or on-lot sewage system or utility line.

(d) The tree is within 30 feet of the foundation of an approved structure.

(e) The tree is within an approved utility corridor.

(f) The tree is diseased, dead or poses a clear danger to a structure, utility or public improvement.

(g) The tree is a hazard to vehicular sight distance.

(h) The tree is clearly of old age and unhealthy and cannot reasonably be expected to live for more than an additional 10 years.

(i) The tree is within an area of an approved principal or accessory use that clearly requires the removal of the tree.

(j) The tree needs to be removed to allow longer rows for crop farming.

15. Commercial school.

A. No storage of vehicles, equipment or other materials shall be permitted outside a completely enclosed building.

B. Off-street parking shall be located at least five feet from any property line which adjoins a single-family dwelling and shall be screened alongside a property line by a six-foot compact hedge.

16. Communications tower or antennae, commercial, located on existing structures, including building rooftops, water tanks or existing towers.

A. Building-mounted communications antennas shall not be located on any residential dwelling unit.

B. Any applicant proposing communications antennas to be mounted on a building or other structure shall submit detailed construction and elevation drawings indicating how the antennas will be mounted on the structure for review by the Building Official for compliance with the Borough of Homestead's Building Code and other applicable law.

C. The provider proposing to collocate antennas shall provide written certification from a professional engineer stating that the installation will not exceed the structural capacity of the building or other structure, considering wind and other loads associated with the antenna location.

D. Communications antennas located on existing structures shall be permitted to exceed the height limitation of the applicable zoning district by no more than 20 feet.

E. Collocated antennas shall meet all applicable building codes and other regulations of the Borough's Zoning Chapter.

F. Communications antennas shall comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.

G. See glare standards in § 27-701.5.

17. Communications tower or antennae, commercial, new.

A. Any applicant proposing construction of a new communications tower shall demonstrate that a good faith effort has been made to obtain permission to mount the communications antennas on an existing building, structure or communications tower. A good faith effort shall require that all owners of potentially suitable structures within a one-quarter-mile radius of the proposed communications tower site be contacted and that one or more of the following reasons for not selecting such structure apply:

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

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

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

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

(5) A commercially reasonable agreement could not be reached with the owners of such structures.

B. The applicant shall provide written certification from a professional engineer stating that the communications tower/antennae will meet the requirements of the latest BOCA Building Code for wind resistance and strength of construction and will be engineered to fall on the same lot if the structure would fail.

C. A commercial communications tower shall have a maximum height of 250 feet.

D. The base of a freestanding tower shall be surrounded by a secure fence with a minimum height of eight feet.

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

F. Any freestanding tower that is higher than 50 feet and is within 100 feet of a public street or dwelling shall be surrounded (except at the driveway crossing) by evergreen screening or preserved woods meeting the requirements of § 27-1102.

G. If a communications tower remains unused for a period of 12 consecutive months, the owner or operator shall dismantle and remove the communications tower within six months of the expiration of such twelve-month period.

H. One off-street parking space shall be provided within the fenced area.

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

J. All guy wires associated with guyed communications towers shall be clearly marked so as to be visible at all times and shall be located with a fence enclosure.

K. Communications antennas shall comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.

L. See light and glare standards in § 27-701.5.

18. Conversion apartments

A. The minimum lot area shall be that required for a single-family dwelling in the district.

B. All other lot width, yard, height, building coverage and parking requirements applicable to single-family and two-family dwellings in the district shall be met.

C. In the R-1 District, the maximum number of units permitted in a dwelling shall be two.

D. For efficiency apartments, at least 600 square feet of habitable floor area per dwelling unit shall be provided.

E. For all other apartments, at least 900 square feet shall be provided.

F. Each dwelling unit shall have separate living, sleeping, kitchen and sanitary facilities.

G. Conversion of basements, garages or other accessory buildings to dwelling units shall not be permitted.

H. Safe ingress and egress and adequate turnaround areas shall be provided on the lot for circulation of automobiles owned by the residents.

I. All units shall comply with applicable requirements of Chapter 110, Building Construction, [5] and Pennsylvania Labor and Industry regulations.

[5] Editor's Note: Chapter 110, Building Construction, was superseded 4-8-2004 by Ord. No. 1154, which provided for the Borough to administer and enforce the Uniform Construction Codes. See now Ch. 5, Code Enforcement.

19. Day-care centers (child or adult).

A. All day-care centers shall be licensed by the Pennsylvania Department of Human Services and must operate in accordance with the requirements of the Department. This requirement is a condition of occupancy.

B. Any outdoor recreational areas on the property shall be no closer than 25 feet to an abutting street or 10 feet to any property lines. They shall be fenced with a self-latching gate or otherwise secured and shall be screened by a six-foot compact hedge.

C. Safe off-street vehicular access for discharging and picking up children or adults shall be provided, with a minimum of one off-street parking space per 15 day-care participants.

D. One parking space shall be provided for each staff member, plus one for each six children or adults cared for at the center. Parking areas for four or more vehicles shall be screened in accordance with § 27-1102 when abutting a residential use or district.

E. In the R-1, R-2 and R-3 Districts, a child or adult day-care center shall be permitted only when operated as an accessory use in an existing church or school.

20. (Reserved)[6]

[6] Editor's Note: Original Subsection T, Department store, was repealed 9-13-2018 by Ord. No. 2018-06.

21. Drive-in facility.

A. The site shall have frontage on an arterial or collector street, as defined by this chapter.

B. Entrances, exits and standing spaces shall be adequately indicated with pavement markings and directional signs.

C. Parking areas and circulation patterns shall be adequately striped and marked to facilitate circulation on the site.

D. No driveway serving a drive-in facility shall be located within 30 feet of the right-of-way line of any public street intersection.

E. In addition to the required parking areas, a minimum of five standing spaces, in tandem, with a minimum length of 100 feet, in direct line with each window or stall, shall be provided for vehicles to wait in line. The standing spaces shall not interfere with the use of any required parking spaces and shall not inhibit the free flow of traffic on the site. The standing spaces shall be designed so that waiting vehicles shall not stand in any right-of-way or overflow onto adjacent properties, streets or berms.

22. Emergency care center. See "hospital."

23. Funeral home.

A. The site shall have direct vehicular access to an arterial or collector street, as defined in this chapter.

B. The minimum site area shall be 21,780 square feet.

C. Off-street parking and loading shall be provided in accordance with Part 10.

D. All outdoor lighting shall be shielded and reflected away from adjacent properties.

E. Parking areas adjoining property lines of adjoining properties containing residential use or zoning classification shall be screened by a six-foot compact hedge or privacy fences.

24. Garden apartments, mid-rise and high-rise.

A. The minimum lot area required for mid-rise and garden apartments shall be 21,780 square feet.

B. The minimum lot area required for high-rise apartments shall be one acre.

C. The maximum permitted density for garden, mid-rise and high-rise apartments shall be 20 units per acre.

D. The maximum number of dwelling units permitted in any garden apartment building shall be 24. The maximum number of dwelling units permitted in any mid-rise apartment building shall be 36. The maximum number of dwelling units permitted in any high-rise apartment building shall be 100.

E. The minimum lot width required for garden, mid-rise and high-rise apartments shall be 110 feet.

F. The minimum front and rear yards required shall be 40 feet. The minimum side yard required shall be 15 feet.

G. Multifamily dwellings shall be set back at least 50 feet from any property adjoining single-family dwellings, and said property line shall be screened by buffer yard (Drawing B[7]) as required by § 27-1102.

[7] Editor's Note: Said buffer yard drawing is on file in the Borough offices.

H. The maximum height of a high-rise apartment shall be seven stories and 84 feet.

I. In the C-3 District, multifamily dwellings shall be designed and located to minimize the impacts of adjacent nonresidential uses. The site proposed for multifamily dwellings shall be evaluated in terms of the intensity of land use, traffic generation and circulation characteristics and environmental impacts of adjoining land uses. Adequate buffer yards shall be provided between dissimilar uses in accordance with the requirements of § 27-1102 of this chapter.

25. Group residence. See group residence, juvenile facility, personal care, boarding home or transitional dwelling in this section.

[Amended 8-8-2013 by Ord. No. 1219]

26. Hospitals, emergency care centers.

A. Hospitals shall be licensed by the commonwealth and have the required approvals of all regulatory agencies or accreditation organizations.

B. The minimum lot area shall be one acre.

C. The property shall have its principal traffic access to an arterial or collector street with sufficient capacity to handle the traffic to be generated. The Borough may require a traffic analysis, prepared by a qualified traffic expert, showing the peak hour traffic generation derived from the proposed development and its relation to surrounding roads and intersections, including methods developed for alleviating traffic problems, if any.

D. Where the use adjoins existing residential uses, a minimum twenty-five-foot buffer yard shall be provided. Care shall be taken to locate emergency, loading and service entrances where they are not offensive to adjoining properties.

E. A landscaped area, at least 15 feet in depth, shall be provided along the entire front property line, except for approved entrances.

F. The site shall be designed to provide maximum accessibility for emergency and public safety services.

27. Hotel/motel.

A. If the hotel/motel includes restaurants to serve both overnight guests of the hotel and the general public, then it shall provide off-street parking for such facilities in accordance with the provisions of § 27-1006 of this chapter.

B. Areas not occupied with buildings and parking areas shall be completely landscaped and planted with lawns, ornamental trees and shrubs in order to provide areas and facilities for active and passive recreation, in accordance with the Borough's adopted plan for parks and recreation.

C. No buildings shall be set closer than 45 feet to the front, side and rear lot lines.

D. There shall be not less than 1,000 square feet of lot area for each sleeping unit. The minimum lot area for a hotel/motel shall be one acre.

E. Sleeping units shall contain a bedroom and bath and have a floor area of not less than 250 square feet.

F. If the lot upon which a hotel/motel is erected abuts a residential district, it shall be screened by well-maintained landscaping not less than six feet nor more than 10 feet high or an ornamental fence within the same height limitations, the ratio of the solid portion to the open portion of which shall not exceed 3 to 1.

G. The facility shall have access from a public street of sufficient size and capacity to accommodate the projected traffic. If any on-site improvements, including all improvements constructed on the applicant's property, or the improvements constructed on the property abutting the applicant's property necessary for the ingress or egress to applicant's property, and required to be constructed as a result of the proposed hotel, the hotel owner or developer shall bear the cost of any such improvements.

28. Housing for the elderly

A. Certain special features usually associated with group living needs for the comfort, health, safety, and welfare of elderly persons, such as dispensaries, medical facilities, common dining facilities group recreation facilities and similar or related facilities may be permitted.

B. The development should be located in an area of determined need for such housing, but should not be of such a scale as to create a demographic imbalance with the neighborhood.

C. The site should be in an area of relatively flat terrain.

D. The site should be reasonably accessible to food markets, drug stores, medical facilities, social services and other goods or services typically needed or utilized by elderly persons.

E. The site shall have reasonable access to public transit.

F. The development shall provide common dining and social rooms.

G. The site shall not be immediately adjacent to noise and pollution producing activities or other activities or uses that are detrimental to residential uses.

H. Not less than 20% of the lot shall be in usable open space at ground level. Such space shall be not less than eight feet in width, shall be located, arranged and oriented to provide optimal exposure to fresh air and sunlight and shall be developed and maintained to suit the needs of elderly people. Equivalent off-site open space that is easily accessible for elderly people and that is located on public land, in public control or under contractual agreement with the applicant may be considered as meeting this requirement.

I. The Borough may require additional parking beyond that otherwise required if it determines that the particular programs or residents of the facility will require such additional parking.

J. The building shall be designed to be in keeping with the character of the surrounding area.

K. Minimum unit sizes will be 540 square feet for a one-bedroom unit and 800 square feet for a two-bedroom unit.

L. Maximum building height is three stories, or 35 feet above adjacent ground level.

M. Exterior lighting shall be in compliance with § 22-704.5 of Chapter 22, Subdivision and Land Development.

29. Junkyard (includes automobile salvage yard)

A. Storage of garbage or biodegradable material is prohibited, other than what is customarily generated on site and routinely awaiting pickup.

B. Outdoor storage of junk shall be at least 100 feet from any residential lot line and 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 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 surrounded (except at approved driveway entrances) by a forty-foot-wide buffer yard which complies with § 27-1102, unless such storage is not visible from an exterior lot line or street. 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 of vehicles or junk is prohibited.

F. See the noise regulations of Part 7.

G. All gasoline and oil shall be drained from all vehicles and properly disposed of. All batteries shall be removed from vehicles and properly stored in a suitable area on an impervious, properly drained surface.

H. Lot area: three acres minimum; 20 acres maximum.

I. Tires: see the outdoor storage and display standards in § 27-501.

30. Kennel.

A. All buildings in which animals are housed and all runs shall be located at least 200 feet from all residential lot lines.

B. Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot routinely be heard within any adjacent dwelling.

C. No animal shall be permitted to use outdoor runs from 8:00 p.m. to 8:00 a.m. that are within 300 feet of an existing dwelling. Runs for dogs shall be separated from each other by visual barriers a minimum of four feet in height to minimize dog barking.

D. See state law regulating kennels.

E. A kennel may be used for breeding.

F. Minimum lot area: five acres.

31. Library, see public building or use, library, museum, park or playground in this section.

32. Methadone treatment facility. Unless the facility is licensed by the Department of Health prior to May 15, 1999, a methadone treatment facility shall not be established or operated within 500 feet of an existing school, public playground, public park, residential housing area, child-care facility, church, meetinghouse or other actual place of regularly stated religious worship established prior to the proposed methadone treatment facility unless, if, by majority vote, the Borough Council votes in favor of the issuance of an occupancy permit or certificate of use for said facility at such location. In this case:

A. At least 14 days prior to the Borough Council's vote, one of more public hearings shall be held within the Borough following public notice.

B. All owners of real property located within 500 feet of the proposed location shall be provided written notice of said public hearings at least 30 days prior to said public hearings occurring.

33. Mineral extraction. The following mineral extraction provisions shall not apply to routine removal of material from a site (such as shale) for use as fill of land.

A. After areas are used for mineral extraction, they shall be reclaimed in phases to a nonhazardous and environmentally sound state permitting some productive future use.

B. A seventy-five-feet-wide yard covered by natural vegetative ground cover (except at approved driveway crossings) shall be required along all exterior lot lines that are within 250 feet of an area of excavation or within 250 feet of machinery that is greater than 35 feet in height. This yard shall include an earth berm averaging a minimum of six feet in height and an average of one shade tree for each 50 feet of distance along the lot lines. Such shade trees shall be planted outside of any berm and any fence. The trunk diameter (measured at a height of one foot above the finished grade level) shall be a minimum of two inches or greater.

C. The following minimum setbacks shall apply for the excavated area of a mineral extraction use from property that is not owned by the owner of the mineral extraction use:

(1) One hundred feet from the existing right-of-way of public streets and from all exterior lot lines of the property

(2) One hundred fifty feet from a commercial or industrial building, unless released by the owner thereof

(3) Two hundred fifty feet from a residential lot line, other than an abandoned dwelling

(4) One hundred fifty feet from the lot line of a publicly owned recreation area that existed at time of the application for the use or expansion.

D. 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.

E. Fencing. The Borough Council may require secure fencing in locations where needed to protect public safety.

F. Noise and performance standards: see Part 7.

G. County Conservation District. A soil erosion and sedimentation plan shall be prepared by the applicant and found to be acceptable to the County Conservation District.

H. Hours of operation. The Borough Council 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.

I. Engineering review. The application shall be sent to the Borough Engineer or an alternate engineer appointed by Borough Council for a review, with the reasonable costs of such review paid by the applicant.

J. The applicant shall also submit a copy to the Zoning Officer of all materials submitted by the applicant to state agencies regarding an application for this project. The use shall comply with all applicable state regulations as a condition of Borough approvals under this Zoning Chapter, and such Borough approval may be revoked for violation of this condition.

K. Preemption. Unless a specific preemption of this Zoning Chapter by a state or federal regulation or law, the most restrictive provisions upon the applicant shall apply whenever one or more municipal, state or federal regulations apply.

L. Application requirements. For any mineral extraction use involving a proposed excavation of more than one acre, the following shall be submitted:

(1) Present uses of the site.

(2) A scaled map, prepared by a professional engineer, showing the locations of:

(a) The proposed area to be excavated (and maximum depth).

(b) Other land to be affected including but not limited to storage sites for overburden, access and haulage streets, storage sites for equipment and offices and other accessory structures.

(c) Lot lines of adjacent lots, and owners and existing uses of these lots.

(d) Watercourses, bodies of water, street rights-of-way, buildings and publicly owned recreation areas within 250 feet of the boundaries of land to be affected by the mineral extraction operation.

(e) Any wetlands and forested areas to be removed or protected and preserved as part of the use.

(3) A detailed land reclamation plan of the area to be excavated, showing:

(a) Proposed reclaimed use and topography of the land following site mineral extraction

(b) Actions to be taken during mining to conserve and replace topsoil removed during mining operations

(c) Reasonable assurances that the applicant will be capable of reclaiming the land in accordance with the plan within a reasonable time after completion of the mineral extraction operations to be covered by the requested permit.

M. Regulation of the maximum acreage actively used for mineral extraction

(1) To ensure that large areas of land will be reclaimed in compliance with state and Borough regulations, the Borough Council may establish a maximum number of acres which may be affected by mineral extraction at any one time on any lot or any series of lots owned by one applicant or closely related applicants.

(2) ”Land affected by mineral extraction" shall mean all total land area at any point in time that is currently under active mineral extraction, that is not adequately reclaimed or backfilled following prior extraction operations and that contains waste or spoil piles from existing or prior mining activities.

34. Museum.

A. Off-street parking shall be located at least five feet from any property line which adjoins a residential district and shall be screened along said property line by a six-foot compact hedge and privacy fence.

35. Nursing home.

A. The minimum lot area for a nursing home shall be 1,500 square feet per resident.

B. The facility shall be duly licensed by the commonwealth and shall operate in accordance with the regulations of the licensing agency.

C. The facility shall provide off-street parking and loading spaces on the site in accordance with Part 10.

D. The facility shall have its principal traffic access area from a public street with sufficient capacity to handle the traffic generated by the use. An analysis of peak hour traffic and impact on surrounding streets and intersections and methods to alleviate any potential problems may be required.

E. Water volume and pressure shall be adequate for fire protection.

F. Ambulance, delivery and service areas shall be obscured from the view of all residential properties by fencing, screening or planting as approved by the Borough.

G. Buffer yards shall be required along side and rear yards where necessary to provide visual and audible privacy for the nursing home and/or adjacent uses. A landscaped area at least 10 feet in depth shall be provided along the entire front property line except for approved entrances.

36. Group residence, juvenile facility, personal care, boarding home or transitional dwelling.

[Amended 8-8-2013 by Ord. No. 1219]

A. A full or provisional license from the commonwealth shall be required for initial and continued approval. Suspension of the license automatically revokes the occupancy permit and approval of the conditional use.

B. Change of ownership, sponsorship or any other condition contained in the original approval of the facility shall constitute a new use, and the procedure for obtaining conditional use approval of a new facility shall be executed.

C. No personal care, boarding home, group care facility or transitional dwelling shall be located within 1,000 feet of another personal care, boarding home, group care facility or transitional dwelling.

D. The facility shall comply with local, county and state building, fire, health and safety codes. An automatic fire suppression system shall be required in a facility having six or more occupants. The system shall be installed according to requirements of Chapter 110, Building Construction. [8] Smoke detectors shall be installed in, or in the immediate vicinity of, each bedroom or sleeping area of the home and in the basement or cellar, if there is one. When activated, the detector shall provide an alarm suitable to warn occupants. When more than one detector is required to be installed within the home, the detectors shall be interconnected so that the activation of one alarm will activate all the alarms.

[8] Editor's Note: Chapter 110, Building Construction, was superseded 4-8-2004 by Ord. No. 1154, which provided for the Borough to administer and enforce the Uniform Construction Codes. See now Ch. 5, Code Enforcement.

E. Adequate provisions shall be made for access by emergency medical and fire vehicles.

F. Not less than 20% of the lot shall be in usable open space at ground level. Such space shall be not less than eight feet in width, shall be located, arranged and oriented to provide optimal exposure to fresh air and sunlight and shall be developed and maintained to suit the needs of residents. Equivalent off-site open space that is easily accessible for residents and that is located on public land, in public control or under contractual agreement with the applicant may be considered as meeting this requirement.

G. One off-street parking space shall be provided for each staff member, operator or employees, plus one for each three residents in the home.

H. Signs for the personal care, boarding home, group facility or transitional dwelling shall comply with applicable provisions of Part 9 of this chapter.

I. The maximum number of occupants for a personal care, boarding home, group care facility or transitional dwelling shall be:

(1) R-2 Districts: 12 persons.

(2) R-3 Districts: 15 persons.

(3) C-1, C-2 and C-3 Districts: 20 persons.

J. The owner or sponsor shall file with the Zoning Officer on June 1 of each year following the original approval information indicating that the facility continues to satisfy the conditions of original approval. If the facility is shown to be operating in compliance with the terms of the original approval, then the Zoning Officer shall renew the certificate of occupancy for another year. If the information indicates that there is any change in operation, or any complaint has been lodged against the facility, the Zoning Officer shall forward the information to the Zoning Hearing Board who shall decide the renewal of the approval and certificate of occupancy.

K. Twenty-four-hour supervision shall be provided by staff qualified by the sponsoring agency.

37. Place of worship.

A. The minimum site areas required shall be 21,780 square feet.

B. If a residential facility (e.g., a convent, monastery) is part of the complex within an R-1, R-2 or R-3 District, it shall not house more than 10 persons.

C. The church and parking area shall have direct access to a public street of sufficient capacity to handle the traffic generated by the proposed use.

D. The facility shall provide the necessary off-street parking in accordance with § 27-1006 of this chapter.

38. Plant nursery.

A. The site shall have direct vehicular access to an approved intersection or collector street.

B. All materials stored outside of the enclosed building shall be within a completely enclosed yard, secured by an eight-foot wood privacy fence, or chain link fence supplemented with opaque screening material, or a screening fence, which creates a visual barrier that is at least 80% solid.

C. All parking and loading facilities shall be entirely accommodated on site.

39. Private club.

A. Clubhouses shall be located at least 100 feet from any property line adjoining any residential property.

B. Operations shall be discontinued between the hours of 2:00 a.m. and 6:00 a.m. where the club is located within 200 feet of any residential property line.

C. Swimming pools shall be subject to the requirements listed in § 27-503.

D. Where eating and/or drinking facilities are provided, parking requirements for restaurants shall apply in addition to the parking requirements for private clubs.

40. Public building or use, community center.

A. Any outdoor recreation facility located within 200 feet of a property line adjoining a residential use or zoning classification shall cease operation at 10:00 p.m.

B. All outdoor lighting shall be shielded from adjacent streets and properties.

C. The facility shall provide off-street parking in accordance with § 27-1006 of this chapter.

D. See § 27-303.3 and 4.

41. Public building or use, library, park or playground.

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

B. 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.

C. Any outside storage of materials or equipment shall be screened from public view by a six-foot-high compact hedge or fence.

D. Off-street parking shall be provided in accordance with the requirements of § 27-1006.

E. Outdoor lighting, if proposed, shall be shielded and reflected away from adjoining streets or properties.

F. Outdoor play areas shall be enclosed by a six-foot security fence and shall be screened by a six-foot compact hedge along all property lines which adjoin single-family dwellings.

G. Off-street parking shall be located at least five feet from any property line which adjoins a single-family dwelling and shall be screened along the side property line by a six-foot compact hedge or privacy fence.

H. See § 27-303.3 and 4.

42. Public parking lot/garage.

A. Ingress and egress shall be designed to maximize sight distance along adjacent public streets.

B. No entrance or exit shall be located within 30 feet of the right-of-way line of the intersection of any public streets.

C. The total area of the lot covered by a public garage or public parking area shall not exceed 90%.

D. The minimum required front and side yards for a public garage shall be the same as those required in the district. The minimum required rear yard shall be five feet.

(1) Ten percent of the site of a surface parking area shall be landscaped. The required front, side and rear yards for a public garage shall be landscaped.

(2) See § 27-303.3 and 4.

43. Public utility structure.

A. Uses involving distribution, which are not enclosed by a building or structure, shall be secured by a fence that is at least six feet in height with a self-latching gate.

B. Uses involving distribution equipment which is not enclosed by a building shall be adequately screened by a buffer yard as required by § 27-1102 of this chapter along all property lines adjacent to residential use or zoning classifications.

C. Uses involving towers or other distribution structures which exceed the height limitations of the district shall be required to increase the yard clearance required for the structure by one foot for every two feet in excess of the height limitations of the district.

D. The applicant shall submit evidence that any proposed tower and its method of installation has been designed by a registered engineer and is certified by that registered engineer to be structurally sound and able to withstand wind loads.

44. 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 buffer yard with screening as described in § 27-1102 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, 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 garbage generated on site or garbage 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 melting or mechanical shredding of metal or landfilling shall occur. No mechanical operations shall routinely occur at the site other than operations such as baling of cardboard and shredding of newspaper.

H. The use shall not include the collection or processing of pieces of metal that have a weight greater than 50 pounds.

I. The use shall include the storage of a maximum of 50 tons of materials on the site if the use is within 500 feet of an existing dwelling.

45. Research and development facility.

A. All research and development activities shall be conducted entirely within an enclosed building.

B. All materials and equipment shall be stored within completely enclosed buildings.

C. Pilot manufacturing shall be permitted only as an accessory use when it is directly related to research and development activities authorized as a principal use in the zoning district.

D. The floor area devoted to pilot manufacturing shall not exceed 25% of the total floor area of all buildings devoted to research and development.

E. The use shall comply with all performance standards specified in Part 7 of this chapter.

F. The storage or use of any hazardous or potentially hazardous materials shall be limited to those materials required to be used by, or produced in connection with, the research and development activity. The transportation, handling, use and disposal of such materials shall conform with all applicable federal Environmental Protection Agency (EPA) and Pennsylvania Department of Environmental Protection (DEP) regulations and permit requirements.

46. School.

A. No storage of vehicles, equipment or other materials shall be permitted outside a completely enclosed building.

B. Off-street parking shall be located at least five feet from any property line which adjoins a single-family dwelling and shall be screened alongside a property line by a six-foot compact hedge.

C. Outdoor play areas shall be enclosed by a six-foot security fence and shall be screened by a six-foot compact hedge along all property lines which adjoin single-family dwellings.

D. Off-street parking shall be provided in accordance with the requirements of § 27-1006.

E. Outdoor lighting, if proposed, shall be shielded and reflected away from adjoining streets and properties.

47. Self-storage development.

A. Outdoor storage shall be limited to recreational vehicles, boats and trailers. No junk vehicles shall be stored within view of a public street or a dwelling.

B. 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.

C. The interior traffic aisles, required off-street parking areas, loading areas and accessways shall be kept clear of stored items.

D. Major body work on vehicles shall not be permitted.

E. Adequate lighting shall be provided for security, but it shall be directed away or shielded from any adjacent residential uses.

F. Any areas of the use that are within 200 feet of the existing right-of-way of an expressway, arterial street or collector street shall be separated from that street by a buffer yard with screening under § 27-1102.

G. Maximum building length: 250 feet.

H. Minimum separation between buildings: 20 feet.

I. Facility must be within range of a working fire hydrant.

48. Shopping center.

A. The minimum site required for a shopping center shall be two acres.

B. Ingress and egress to and from the site shall be designed so as to minimize the points of access to a public street. To the extent feasible, principal access to the site shall be located the maximum practical distance from any intersection of two public streets and, where the site has frontage on two or more public streets, principal access shall be provided from the street that has the lower volume of traffic.

C. The site shall be designed as a unit, and uniform signage and landscaping and common parking and loading areas shall be proposed to promote uniformity of design and efficiency.

D. Approval of a land development for a shopping center shall be subject to all procedural and design standards of Chapter 22, Subdivision and Land Development, governing the Waterfront Development District (WDD).

E. There shall be no storage of materials or equipment outside a completely enclosed building. All sales shall be conducted within a completely enclosed building.

F. All parking areas shall be located a minimum of 20 feet from any property line which adjoins a residential use and buffered to a WDD standard B drawing.[9]

[9] Editor's Note: The buffer yard drawing is on file in the Borough offices.

G. Where mixed uses are proposed within a building or on a development site, the parking ratios for each use specified in Part 10 of this chapter shall be provided. Shared parking shall not be permitted.

49. Solid waste facility (including a sanitary landfill, solid waste-to-energy facility or solid waste transfer facility): see definition in Part 2.

A. No property shall be used as a dump site for solid waste without a valid Borough and a valid DEP permit. The Borough permit may be suspended for violation of a Borough or DEP requirement.

B. An applicant for a solid waste facility shall reimburse the Borough for all legal advertisements related to the application, plus pay a nonrefundable administrative fee of $2,000, plus establish an escrow account of $40,000 to be used to compensate the Borough for actual and customary expenses of professional reviews (such as but not limited to engineering and impact reviews). Any escrow funds used for such reviews shall be nonrefundable, while any funds not used for such reviews shall be returned to the applicant after the final Borough approval.

C. Site plan. A site plan shall be submitted meeting the requirements of Chapter 22, Subdivision and Land Development, and including all information required by DEP on any site plan submitted to the state. The site plan shall show existing and proposed final topography, proposed fencing and landscaping, owners of adjacent lots, proposed haul and access roads, proposed staging, location of equipment and tire cleaning areas and location of weighing and fire-fighting facilities.

D. The applicant shall submit the names and current addresses of any and all persons who have any ownership interest of more than 5% in the proposed use or in businesses that are proposing or intended to own or operate the use. The experience of the applicant in developing and operating other solid waste facilities shall be described.

E. The applicant shall provide the Zoning Officer with a copy of all written materials and plans that are submitted to Pennsylvania DEP at the same time as they are submitted to DEP.

F. A statement shall be submitted describing proposed uses of landfill land after landfilling operations are completed.

G. A traffic study shall be submitted showing intended routes for truck traffic and estimating the total number of vehicles of over 20,000 pounds gross vehicle weight that are expected to enter and exit the facility, and the expected impact of these vehicles on the roads considering the roads' existing construction.

H. An environmental assessment shall be submitted, including the following:

(1) Summary of important findings in language understandable to laypersons, with references to more detailed reports and data (such as in appendices).

(2) Descriptions of and maps showing the suitability of the proposed site for the use.

(3) Applicable technical data provided in an appendix.

(4) Impacts upon natural and cultural features, including surface water quality, groundwater quality, air quality and historic buildings.

(5) Impacts upon stormwater and floodwater.

(6) Visual impacts.

(7) For a use involving incineration, a professional analysis of the expected health impacts of the facility on humans, including a review of relevant studies on the matter.

I. Setbacks.

(1) All solid waste storage, disposal and incineration shall be a minimum of 200 feet from the following: public street right-of-way, exterior lot line, one-hundred-year floodplain, edge of a surface water body (including a water-filled quarry) or wetland of more than two acres in area.

(2) All areas to be used for the storage, disposal or incineration of solid waste shall be a minimum of 400 feet from any of the following: residential district, publicly owned park, lot line of any existing dwelling (which the applicant does not have an agreement to purchase) or the banks of any perennial creek or river.

(3) A landscaped area with a minimum width of 100 feet shall surround the site and shall not be used for any use other than perpendicular driveway crossings.

J. The use shall be served by a minimum of two access roads paved with a dust-free surface, each with a minimum cartway width of 24 feet. One of these roads may be restricted to use by emergency vehicles, in which case it may be stoned instead of being paved.

K. Any burning or incineration shall be carried out in a completely enclosed incinerator approved by the DEP. Any material to be incinerated that is to be stored for more than three hours shall be stored in an enclosed structure.

L. The operation and day-to-day maintenance of the solid waste disposal area shall comply with all applicable state and federal regulations as a condition of the continuance of any permit of the Borough. Violations of this condition shall also be considered to be violations of this Zoning Chapter.

M. Open burning of refuse is prohibited as part of a solid waste facility. Garbage may not be dumped or buried except at an approved solid waste facility.

N. The applicant shall prove to the satisfaction of the Borough Council that the existing street network can handle the additional truck traffic, especially without bringing extraordinary numbers of trash hauling trucks through or alongside existing residential or residentially zoned areas. The Borough Council may require the applicant to make specific improvements to roads to handle extraordinarily heavy loads.

O. In cooperation with Pennsylvania DEP requirements, an appropriate double liner and a system to collect and treat leachate and methane is very strongly encouraged for any sanitary landfill.

P. The applicant shall prove to the satisfaction of the Borough Council that the use would not routinely create noxious odors off of the tract.

Q. A chain link or other approved fence with a minimum height of eight feet shall surround active solid waste disposal areas to prevent the scattering of litter and to keep out children, unless the applicant proves to the satisfaction of the Borough Council that this is unnecessary. The Borough Council may also require temporary litter-control fences surrounding current dumping areas. The Borough Council shall require earth berms, evergreen screening and/or shade trees with a minimum total effective height of eight feet or more, as needed, to prevent landfill operations from being visible from an expressway or arterial streets or dwellings.

R. A minimum total lot area of 50 acres (which may include land in an adjoining municipality) is required for any solid waste facility other than a solid waste-to-energy facility or a solid waste transfer facility. For a solid waste-to-energy facility or solid waste transfer facility, a minimum lot area of 10 acres shall be required for the first 250 tons per day of capacity to treat or dispose of waste, plus one acre for each additional 50 tons per day of capacity. A solid waste facility shall have a maximum total capacity of 500 tons per day.

S. Health hazards. Any facility shall be operated in such a manner to prevent the attraction, harborage or breeding of insects, rodents or vectors.

T. Attendant. At least two employees shall be present during all times of operation.

U. Gates. Secure gates, fences, earth mounds and/or dense vegetation shall prevent unauthorized access.

V. Emergency access and services. 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. Fire extinguishers, air packs for employee use and an adequate water supply shall be supplied on site. Employees shall be trained in basic fire-fighting methods. An emergency communications system shall be provided on site, together with appropriately located telephones available to contact local emergency services.

W. Under authority granted to the Borough under Act 101 of 1988, the hours of operation shall be limited to between 8:00 a.m. and 7:00 p.m. The use shall not operate Sundays, Christmas Day, Thanksgiving Day, New Year's Day, Memorial Day, Labor Day or the 4th of July.

X. Tires: see outdoor storage and display in § 27-503.

Y. Litter. The operator shall regularly police the area of the facility and surrounding streets to collect litter that may escape from the facility or trucks. All open waste trucks entering and exiting the site shall be covered.

Z. Dangerous materials. No radioactive, hazardous, chemotherapeutic or infectious materials may be stored, processed, disposed or incinerated. “Infectious materials” are defined as medical wastes used or created in the treatment of persons or animals with seriously contagious diseases.

AA. Staging. No total area(s) larger than 50 acres shall be used as a disposal area for a sanitary landfill in any calendar year.

BB. The applicant shall provide sufficient information for the Borough to determine that the requirements of this Zoning Chapter will be met.

CC. State requirements. Nothing in this Zoning Chapter is intended to supersede any state requirements. It is the intent of this Zoning Chapter that, when similar issues are regulated by both the Borough and state, the stricter requirement shall apply for each aspect unless it is determined that an individual state regulation preempts Borough regulation in a particular aspect.

DD. A tire cleaning area shall be provided on access roads from a landfill.

EE. The operator shall enter into an agreement with the Borough specifying the types and frequencies of environmental monitoring that will be put into place while a solid waste-to-energy or sanitary landfill is underway and for a minimum of three years after any landfill is closed. For a landfill, such testing shall include at a minimum groundwater monitoring wells. For an incineration use, such testing shall at a minimum include air pollution monitoring.

FF. A leachate treatment system may be an accessory use to a landfill, and a recycling collection center or a bulk recycling center are permitted in combination with any permitted solid waste disposal facility.

GG. For any transfer facility or waste-to-energy facility, all loading and unloading of solid waste shall only occur within an enclosed building and over an impervious surface drain to a holding tank that is then adequately treated.

HH. For each acre upon which active landfill operations begin, a ten-thousand-dollar bond payable to the Borough of Homestead shall be posted by the operator to ensure appropriate restoration of the site and adequate monitoring after the use is ended. Such bond shall be in a form acceptable to the Borough Solicitor. Such bond shall be in effect for a minimum of 10 years after the operations cease.

II. The operator shall keep written records of the origin of all solid waste and of the type of any waste accepted other than municipal waste.

JJ. Under the authority of State Act 101 of 1988, the Borough Council may appoint one or more landfill inspectors. Such inspector shall have authority to visit the site, to monitor operations and the review records regarding the origin and types of waste.

KK. See Act 101 of 1988, which provides municipalities the authority to charge host fees.

LL. The Borough Council may establish certain minimum insurance requirements for the applicant as a condition of Borough approval. Such insurance shall at a minimum include a ten-million-dollar liability policy regarding environmental hazards.

50. Townhouses.

A. The minimum lot area required shall be 8,500 square feet.

B. The maximum dwelling unit density shall be the maximum density permitted in the zoning district.

C. The maximum number of dwelling units permitted in any townhouse building shall be eight. The maximum length of any townhouse building shall be 240 feet.

D. The minimum lot width required shall be 40 feet.

E. The minimum front yards required shall be 20 feet; the minimum rear yard required shall be 25 feet; the minimum side yard required shall be 10 feet.

F. Where more than one building is proposed on the same lot, the minimum distance between buildings shall be 20 feet.

G. Off-street parking shall be provided in accordance with the requirements of Part 10 of this chapter.

51. Transitional dwelling: see personal care, boarding home, group care facilities or transitional dwelling in this section.

52. Transportation facility.

A. Such facilities, other than water transportation facilities, shall be located on collector streets or on arterial streets where side pull-ups are provided.

B. Such facilities shall be located so as not to obstruct pedestrian and vehicular ingress and egress and, where possible, side pull-offs shall be provided.

C. Passenger shelters may be constructed in the required front yard or in the public right-of-way, with the approval of the owner of the right-of-way.

53. Transportation facility, bus shelter or taxi stand.

A. Such facilities shall be located on arterial or collector streets, as defined by this chapter.

B. Any facility located within a public street right-of-way shall require evidence of approval from the owner of the right-of-way.

C. Such facilities shall be located so as to not obstruct the free flow of pedestrian or vehicular traffic and, where possible, side pull-offs shall be provided.

D. Passenger shelters may be constructed in the required front yard or in the public right-of-way with approval from the owner of the right-of-way.

54. Under-21 dance club

A. The public sidewalk and adjacent rights-of-way shall not be used for loitering.

B. A sufficient amount of parking must be supplied as per Part 10 of this chapter.

C. There is one security guard for every 100 patrons, based on maximum capacity.

D. All activities must occur indoors, and the noise volumes generated must fall within the standards established in the Borough's Noise Ordinance. [10]

[10] Editor's Note: See Ch. 6, Part 8, Noise.

E. All waiting lines for entry shall be contained within the building, and there must be a minimum of 200 square feet of waiting space provided within the building.

F. Maximum occupancy shall be in accordance with the local building code.

G. A certificate of occupancy for an under-21 club shall be issued by the Zoning Officer.

55. Medical marijuana dispensary.

[Added 7-13-2017 by Ord. No. 2017-05]

A. A medical marijuana dispensary shall provide proof that it holds a permit to dispense medical marijuana, issued by the Department of Health, or proof that a permit to dispense medical marijuana has been applied for and is pending approval, and shall at all times maintain a valid, accurate, and up-to-date permit as well as valid registration with the Department of Health, for each of its physicians required to be registered under § 401 of the Medical Marijuana Act. Should the aforementioned permit or physician registration required by the Medical Marijuana Act in order to qualify as a legally operating medical marijuana dispensary be denied or revoked at any time, any Borough approval shall immediately become void.

B. A medical marijuana dispensary shall at all times operate in compliance with the Medical Marijuana Act, all Department of Health regulations pertaining to such facilities and the Code.

C. A dispensary may only dispense medical marijuana to patients meeting the requirements for patient certification under the Medical Marijuana Act in an indoor, enclosed, secure facility located within this Borough, as approved by the Department of Health. No exterior sales, no outdoor seating, no outdoor waiting lines, and no drive-through services are permitted.

D. A dispensary may not operate on the same site as a medical marijuana grower/processor.

E. A dispensary may not be located within 1,000 feet of the property line of a public, private or parochial school or a day-care center unless this requirement is waived by the Department of Health.

F. Parking shall include six off-street parking spaces per physician or pharmacist working on the site plus one additional parking space for each employee.

56. Medical marijuana grower/processor.

[Added 7-13-2017 by Ord. No. 2017-05]

A. A medical marijuana grower/processor shall provide proof that it holds a permit issued by the Department of Health or proof that a permit has been applied for and is pending approval, and shall at all times maintain a valid, accurate, and up-to-date permit issued by the Department of Health. Should the permit be denied or revoked at any time, any Borough approval shall immediately become void.

B. A medical marijuana grower/processor shall at all times operate in compliance with the Medical Marijuana Act, all Department of Health regulations pertaining to such facilities and the Code.

C. A medical marijuana grower/processor shall only grow, store, harvest or process medical marijuana in an indoor, enclosed, secure facility, which includes electronic locking systems, electronic surveillance and other features required by the Department of Health. It shall not grow, store, harvest or process medical marijuana in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.

D. A medical marijuana grower/processor shall provide only wholesale products to medical marijuana dispensaries. Retail sales and dispensing of medical marijuana and related products is specifically prohibited at the medical marijuana grower/processor.

E. A medical marijuana grower/processor shall meet the setback, parking, landscaping, coverage, and building height requirements of the applicable zoning district to determine the building envelope and maximum allowable floor area.

F. There shall be no emission of dust, fumes, vapors, odors, or waste into the environment from any facility where medical marijuana growing, processing or testing occurs.

G. A medical marijuana grower/processor may not be located within 1,000 feet of the property line of a public, private or parochial school or a day-care center unless this requirement is waived by the Department of Health.

H. Parking shall include three off-street parking spaces for every four employees on the largest shift, plus one space for each company vehicle normally stored on the premises.

57. Short-term rental. In addition to the procedures and general standards of Part 12 of this chapter concerning conditional uses, short-term rentals shall also comply with permitting requirements of Homestead Borough Ordinance No. 2022-01.[11]

[Added 11-17-2022 by Ord. No. 2022-04]

[11] Editor's Note: See Ch. 11, Part 5, of this Code.

§ 27-503 Additional requirements for accessory uses.

1. Permit and maintenance requirements. A zoning certificate must be obtained from the Borough Zoning Officer for any new, expanded or altered accessory use or structure. The owner is responsible for maintaining the accessory use/structure in a safe condition in accordance with all applicable regulations. If the Zoning Officer finds that an accessory structure is not being used for its intended purpose or not being maintained, the Zoning Officer shall give written notice to the owner, in accordance with § 27-1401.3, to repair or remove it.

2. Use limitations.

A. All accessory structures and uses shall comply with the use limitations applicable in the zoning district in which they are located.

B. No accessory structure shall be used for dwelling purposes.

C. No accessory structure shall be constructed and occupied on any lot prior to the time of the completion of the construction of the principal structure to which it is accessory.

D. None of the following shall be permitted as an accessory use:

(1) Outdoor storage or overnight parking in an R-1, R-2, R-3 District or WDD District of trucks, buses or other vehicles exceeding 7,000 pounds in gross vehicle weight or designated as Class III or above by the Pennsylvania Motor Vehicle Code.[1]

[1] Editor's Note: See 75 Pa.C.S.A. § 101 et seq.

(2) Outdoor storage of equipment, supplies or other materials in all zoning districts except as specifically permitted by the applicable zoning district regulations.

E. No accessory structure shall exceed 15 feet in height unless another height is specified by this chapter.

3. Location of accessory uses. Unless otherwise stipulated by this chapter, the following standards shall apply.

A. Residential districts.

(1) Front yard accessory uses. With the exception of permitted signs and fences, accessory uses shall not be located in the required front yard of any zoning lot.

(2) Side and rear yards. Accessory uses are permitted, provided that they are no closer than 2 1/2 feet of any lot line and comply with the requirements of Subsection 3D below.

B. Commercial districts.

(1) Front yard. In addition to permitted signs and fences, off-street parking (but not loading) areas are permitted in a required front yard. The parking area in a C-3 District shall maintain a minimum three-foot landscaped setback from the street right-of-way or sidewalk line.

(2) Side and rear yards. Accessory uses are permitted, in side or rear yards; however, if the yard abuts an R-1, R-2 or R-3 District, the accessory use shall maintain a minimum three-foot setback, screened in accordance with this chapter (See fencing, screening and retaining walls in this section.)

C. Waterfront Development District. The location of accessory uses/structures shall be in accordance with the provisions of the district regulations in Part 16.

D. All zoning districts.

(1) No part of any accessory structure shall be located closer than 10 feet to any principal structure unless it is attached to or forms a part of such principal structure. No accessory structure shall be located closer than three feet to another accessory structure on an abutting property.

(2) Accessory structures and uses shall otherwise comply with the bulk regulations applicable in the district in which they are located.

4. Special standards. Each accessory use shall comply with all of the following standards listed for that use:

A. Antenna, radio, television antennas or satellite dish antennas are permissible accessory structures in any residential zoning district or to any residential use, subject to the following:

(1) Such structures may be mounted on a roof or installed in a rear yard area only, provided that no ground level structure, including guide wires, shall be located within 10 feet of any property line.

(2) The maximum height for a structure shall not exceed 15 feet or the otherwise allowable height in the underlying zoning district. If mounted on a roof, any antenna exceeding 8 feet in height shall be mounted with guide wires.

(3) Any such structure shall comply with applicable federal regulations.

(4) All antennas mounted on the ground shall be screened from view by evergreen trees or other suitable materials, as approved by the Borough.

(5) Ground-mounted satellite dish antenna shall be installed in the rear yard only, provided that no such antenna shall be located within 15 feet of any property line. On corner lots, such antenna shall be located in the larger side yard, provided that no such antenna shall be located within 15 feet of any property line.

(6) The maximum height of ground-mounted satellite dish antennas shall not exceed 10 feet. The maximum diameter of satellite dish antennas shall not exceed 10 feet.

B. Canopies and similar structures. In the C-3 and WDD Districts, canopies and similar permanent freestanding roofed structures without walls shall be permitted to cover outdoor storage, display and/or sales areas, fuel dispensing areas, automated teller machines (ATMs) or similar accessory uses when authorized in the district, provided that:

(1) Such structure shall not be attached to the principal building or structure.

(2) Such structure shall be located at least 10 feet from any property line or street right-of-way.

(3) Such structure shall not be enclosed.

(4) Such structure shall be removed immediately once the principal use or the use of the accessory structure is discontinued.

C. Day-care center as accessory use to a residential use.

(1) The following shall be the maximum number of children under age 15 that may be cared for in any dwelling unit, in addition to children who are not related (see definition in Part 2) to a permanent resident of the dwelling:

(a) In a single-family detached dwelling with a minimum lot area of 7,000 square feet and a ten-foot setback from all existing dwellings: maximum of six children.

(b) In any other dwelling unit: maximum of three children.

(2) The dwelling shall retain a residential appearance with no change to the exterior of the dwelling to accommodate the use, other than cosmetic and any needed safety improvements.

(3) Any day-care center involving seven or more children shall be considered a principal use and meet the standards of § 27-502 for such use, if permitted.

(4) The use shall be actively operated by a permanent resident of the dwelling.

(5) The building shall have smoke detectors and at least one A-B-C fire extinguisher.

(6) A minimum of 200 square feet of safe exterior play area shall be available, which preferably should be fenced.

D. Fencing, screening, and retaining walls. Unless otherwise stipulated, the following standards shall apply.

(1) Permit and maintenance requirements. A zoning certificate must be obtained from the Zoning Officer for the erection of any fence, wall or screen. The property owner shall be responsible for the continuing maintenance of any fence, wall or screen. If a fence, wall or screen is not maintained in a safe condition and in accordance with Borough regulations, the Zoning Officer shall give written notice to the owner, in accordance with § 27-1401.3 to repair, replace or remove it.

(2) Placement; materials; height.

(a) Fences, walls, hedges or other planted screens may be erected in any yard subject to the following height restrictions:

1) Located in a front yard in any R District: four feet maximum.

2) Located in a side yard in any R District: six feet maximum.

3) Located in a rear yard in any R District: six feet maximum, except that there shall be no maximum applied to hedges or planted screens (e.g., trees) located along the rear property line.

4) Located in any side or rear yard in any C Commercial District: eight feet maximum.

5) Located in any side or rear yard in a WDD District: 12 feet maximum.

(b) Fences, screens or walls up to 10 feet in height may be erected in any yard of a public school, public recreational facility or public building, provided that they are constructed of a chain link material and approved by the Borough.

(c) A retaining wall may be erected along any property line or in any yard where it is required to prevent a landslide or other hazardous conditions.

(d) A fence or screen shall not be erected in a public or dedicated right-of-way.

(e) Fences located along a property boundary shall be set back at least six inches from the property line.

(3) General requirements.

(a) Authorized fences and screens, whether publicly or privately owned, shall not obstruct the clear sight distances at street intersections; a clear sight triangle, in accordance with Part 16, shall be maintained.

(b) Fences shall not contain barbs or similar types of injurious materials unless specifically approved by the Borough for security reasons.

(c) The finished side of the fence or wall shall always face the abutting properties or street.

(4) Screening for commercial or other nonresidential uses. Wherever this chapter requires screening of a commercial or other nonresidential use, or portion thereof, the following standards shall apply:

(a) Buffer yards shall be provided in accordance with the requirements of § 27-1102 of this chapter.

(b) Screening of off-street parking and loading areas shall be in accordance with § 27-1003 of this chapter.

(c) Water towers, storage tanks, processing equipment, fans, cooling towers, vents and any other structures or equipment that rise above the roofline, other than a radio, television or satellite dish antenna, shall be effectively shielded from view of any public or private street by an architecturally sound method, as approved by the Borough.

E. Garage sale.

(1) See definition in Part 2. A garage sale shall not include sale of new merchandise (other than custom crafts).

(2) Garage sales shall be limited to a maximum of four total days in any two consecutive months.

F. Home gardening, nurseries and greenhouses. Home gardening and accessory structures, used for nurseries or as greenhouses, are permitted in residential areas, provided they are used by the residents for noncommercial purposes and provided further that they shall not include the outdoor storage of equipment and supplies.

G. Home occupation.

(1) Home occupations shall be conducted by the resident(s) of a dwelling unit. The dwelling shall be the primary residence of the applicant for a home occupation. Home occupations shall not employ more than one nonresident employee.

(2) No more than 25% of the gross floor area of the principal dwelling and any accessory structures shall be devoted to the conduct of the home occupation.

(3) Exterior displays or signs, other than those permitted in Part 9 of this chapter or required by federal, state or county laws, exterior storage of material and exterior indications of the home occupation or variation from the residential character of the principal structure shall not be permitted.

(4) Uses that shall not be permitted as home occupations and shall be restricted to the districts in which they are specifically authorized as permitted uses, or conditional uses, include, but are not limited to the following:

(a) Medical or dental clinics, hospitals or nursing homes.

(b) Mortuaries, funeral director, undertaker or crematory.

(c) Vehicle, boat or equipment repair or sales.

(d) Furniture sales.

(e) Heating, plumbing or air-conditioning services.

(f) Glazier or painter's shop

(g) Laboratory or taxidermy shop.

(5) The following is a nonexhaustive list of uses that may be conducted as home occupations within the limits established in this section. All home occupations require the authorization of the Borough through the issuance of a home occupation permit.

(a) Art, handicraft, music, writing, photography or similar studios.

(b) Direct sales product distribution, (Amway, Avon, Tupperware, etc.).

(c) Dressmaker, seamstress or tailor.

(d) Home typing or computer services.

(e) Hair cutting and styling, (limited to two chairs maximum).

(f) Mail-order sales.

(g) Offices of accountant, architect, engineer, surveyor, land planner, lawyer, income tax preparer, minister, rabbi, member of religious order, psychotherapist, counselor, personal consultant, tradesman or similar professional.

(h) Telephone sales and order-taking.

(i) Tutor (limited to no more than three students at one time).

(j) Therapeutic massage service provided by a licensed practitioner

H. Home occupation, no-impact, see definition in Part 2.

(1) The business activity shall be compatible with the residential use of the property and the surrounding residential uses.

(2) The business shall employ no employees other than family members residing in the dwelling.

(3) There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

(4) There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.

(5) The business activity may not use any equipment or process that creates noise, vibration, glare, fumes, odors, or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.

(6) The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.

(7) The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.

(8) The business may not involve any illegal activity.

I. Outdoor storage and display: commercial or industrial as a principal or accessory use.

(1) Location. Outdoor storage or display shall not occupy any part of any of the following: the existing street right-of-way, sidewalk or other area intended or designed for pedestrian use, required parking area or required setback (see Part 10 of this chapter).

(2) No storage or display shall occur on areas with a slope in excess of 25% or within the one-hundred-year floodway.

(3) Screening: see § 27-1102, Buffer yards.

(4) Tires. If more than 250 tires are stored on a lot, each stack shall be a maximum of 20 feet high and cover a maximum of 400 square feet. Each stack shall be separated from other stacks by a minimum of 75 feet.

J. Pets, keeping of.

(1) This use shall not include a use meeting the definition of a kennel.

(2) 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 fenced area of sufficient height or on a leash under full control of the owner.

(3) For carrier pigeons, see the State Carrier Pigeon Law.

(4) The noncommercial keeping of horses is permitted on a lot of two acres or more. Any horse barn, corral, fenced-in area or stable shall be a minimum of 50 feet from any abutting lot line (other than a street right-of-way) and 150 feet from any existing dwelling other than that of the owner of the horses. Any commercial keeping of horses shall be considered a "stable" or a "farm-related business."

(5) Proper soil erosion control measures shall be used as needed.

K. Sidewalk cafe

(1) The public sidewalk shall be used for tables and chairs only, for use by customers; service equipment shall not be placed on the public sidewalk.

(2) The use shall be permitted, provided that such use is accessory to an existing functioning restaurant that directly abuts the sidewalk or right-of-way to be utilized and is within the same frontage as the restaurant with which it is to be associated.

(3) The portion of the sidewalk or right-of-way to be used shall be no greater than 1/2 of the space measured between the outside face of the curb and the property line. An unobstructed pedestrian passageway (i.e., one free of any poles, barriers, trees, hydrants, receptacles, planters, newspaper boxes, etc.) of no less than five feet shall be provided between the curb and the cafe area.

(4) The sidewalk cafe area shall be separated from the designated pedestrian passageway by a removable barrier surrounding the perimeter. The height of the barrier shall be approximately three feet, and it must be removed when the cafe is closed. The barrier shall be freestanding and interconnecting and shall be made of metal, wood or plastic.

(5) No obstruction shall be placed within 18 inches of the face of any curb or within five feet of any fire exit, fire hydrant or building corner.

(6) The permitted hours of operation for a sidewalk cafe shall be 8:00 a.m. to 11:00 p.m.

(7) Tables and chairs shall be placed against the building.

(8) It shall be determined that the proposed cafe service will in no way endanger the health, safety or welfare of the public or be detrimental to surrounding property values.

(9) A certificate of occupancy for a sidewalk cafe shall be issued by the Zoning Officer.

L. Swimming pools.

(1) Placement. As an accessory structure, a pool and accessory deck area shall be erected only in a rear yard, provided that it is no closer than five feet to any lot line. On corner lots, a pool and accessory deck area shall be erected only in the larger side yard, provided that it is no closer than five feet to any lot line.

(2) Fencing.

(a) In-ground pools, in all zoning districts, shall be enclosed by a fence, constituting a barrier to small children, at least six feet in height and equipped with a gate and lock. Fencing for a pool shall comply with the applicable requirements of § 27-503 of this chapter (see fencing, screening and retaining walls).

(b) Aboveground pools, in all zoning districts, having vertical walls four feet or more above ground level and removable steps shall not be required to be fenced, provided that the owner shall remove the steps when the pool is not in use to prevent access by small children. All aboveground pools without removable steps shall be fenced in accordance with Subsection 4L(1) above.