City of Lebanon, PA Article 1306 Additional Requirements for Specific Uses

§ 1306.01 Applicability.

[Ord. No. 1-2020, 21, passed 6-22-2020]

(a) This article establishes additional requirements for certain specific uses, in addition to the other requirements of this title. Where two requirements directly conflict regarding the same matter, the stricter requirement upon use or development shall apply.

(b) For uses allowed within a specific zoning district as "special exception uses," see also the procedures and standards in § 1314.16.

§ 1306.02 Additional requirements for specific principal uses.

[Ord. No. 1-2020, 21, passed 6-22-2020]

(a) Each of the following uses shall meet all of the following requirements for that use:

(1) Adult use. (This is limited to the following: adult store, adult movie theater, massage parlor, or adult live entertainment facility.)

A. Purposes. The regulations on adult uses are intended to serve the following purposes, in addition to the overall objectives of this title.

1. To recognize the adverse secondary impacts of adult uses that affect health, safety and general welfare concerns of the City. These secondary impacts have been documented in research conducted across the nation. These secondary impacts typically include, but are not limited to, increases in criminal activity, increases in activities that increase the risk of transmission of sexually transmitted diseases, increases in activities that increase the risk of transmission of other communicable diseases, increases in blight, decreases in the stability of residential neighborhoods, and decreases in property values for surrounding homes, and decreases in the marketability of nearby commercial business space. The research conducted across the nation concludes that adult uses typically involve insufficient self-regulation to control these secondary effects.

2. To limit adult uses to locations where these secondary impacts can be minimized, particularly as they affect residential neighborhoods and commercial revitalization.

3. To not attempt to suppress any activities protected by the free speech protections of the State and U.S. Constitutions, but instead to control secondary effects.

B. An adult use and its parking area shall not be located within any of the following distances, whichever is most restrictive:

1. Four hundred lineal feet from an existing dwelling on another lot;

2. Two hundred lineal feet from the lot line of any lot in a residential zoning district; and

3. Five hundred lineal feet from the lot line of any primary or secondary school, place of worship, library, public park or playground, recreation trail, day-care center or nursery school.

C. No adult use shall be located within 250 lineal feet from any existing "adult use."

D. A 50-foot buffer yard shall be provided along the side and rear lot lines. If such buffer area does not include substantial mature trees that will be preserved, it shall include continuous screening by evergreen trees with an initial height of five feet.

E. No pornographic material, displays or words shall be placed in view of persons who are not inside of the establishment. Definite precautions shall be made to prohibit minors from entering the premises.

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

G. Pornographic and sexually explicit signs and displays shall be prohibited that are visible from outside of the premises.

H. An adult use shall be prohibited in all districts except where specifically allowed under Article 1304. An adult use is a distinct use and shall not be allowed under any other use, such as a retail store or club.

I. A minimum lot area of 30,000 square feet is required.

J. For public health reasons, private viewing booths of any kind are prohibited. This specifically includes, but is not limited to, booths for viewing adult movies or nude dancers.

K. No use may include live actual or simulated sex acts nor any sexual contact between employees and entertainers nor or between employees or entertainers and customers.

L. Only lawful massages as defined by state court decisions shall be performed in a massage parlor. A use that involves massages by state-licensed massage therapists shall be considered a personal service use and not a massage parlor.

M. Any application for such use shall state the legal name(s) of an on-site manager responsible to ensure compliance with this title on a daily basis, and who is authorized to accept enforcement notices. A telephone number, official mailing address and email address shall be provided where the on-site manager can be reached during the hours when the business is open. The application shall also include contact information, including the legal name, business phone number and official mailing address for at least one individual who is the primary owner, a corporate official, a partner or the largest shareholder of the business. Such information shall be updated in writing to the Zoning Officer within one business day after it changes.

N. The use shall not operate between the hours of 12:00 midnight and 7:00 a.m. If state liquor laws require that the City allow the sale of alcohol during later hours, the adult uses shall still cease at 12:00 midnight.

O. As specific conditions of approval under this title, the applicant shall prove compliance, where applicable, with the following state laws, as amended: the Pennsylvania Liquor Code, Act 219 of 1990[1] (which pertains to sale or consumption of alcohol between 2:00 a.m. and 8:00 a.m.), Act 207 of 1990[2] (which pertains to obscenity) and Act 120 of 1996[3] (which pertains to adult-oriented establishments and which limits enclosed viewing booths among other matters).

[1] Editor's Note: See 47 P.S. § 1-101 et seq.

[2] Editor's Note: See 18 Pa.C.S.A. § 5903.

[3] Editor's Note: See 68 Pa.C.S.A. § 5501 et seq.

P. An adult use shall be open to inspections during business hours by City zoning and code enforcement staff, including health inspectors.

(2) Adult day-care center.

A. The use shall be fully licensed by the state, if required by the state.

B. The use shall include constant supervision during all hours of operation.

C. The use shall not meet the definition of a "treatment center."

(3) After-hours club. This use is effectively prohibited by State Act 219 of 1990, as amended (Section 7327 of Title 18 of the Pennsylvania Statutes). If the use is determined to be allowed under state law, then the applicant shall be a special exception use that is only allowed in the HIC District. In such case, the applicant shall prove to the satisfaction of the Zoning Hearing Board that there will be adequate security and noise control measures.

(4) Animal cemetery.

A. All the regulations for a cemetery in this section shall apply.

B. The applicant shall prove to the satisfaction of the Zoning Officer (or the Zoning Hearing Board, in the case of a special exception use) that the use will be conducted in such a manner that the public health and groundwater quality will not be threatened.

(5) Animal day care.

A. This use shall involve providing temporary care and recreation for multiple dogs and household pets.

B. This use shall not primarily involve the keeping of animals for more than 24 hours, unless the requirements are also met for a kennel.

C. The applicant shall describe, in writing, measures that will be used to avoid noise or odor nuisances for occupants of neighboring uses. Animal waste shall be regularly collected in sanitary containers and be disposed of properly.

D. All structures in which animals are housed (other than buildings that are completely soundproofed and air conditioned) and all runs outside of buildings shall be located at least 200 feet from any existing dwelling.

E. Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot routinely be heard within any principal building on another lot.

F. The applicant shall describe how outdoor runs will or will not be used during various hours.

(6) Apartments. See "townhouses and apartments" and "conversions" in this section.

(7) Assisted living facility/personal care home. The standards for "nursing homes" in this section shall apply.

(8) Auto, boat or mobile/manufactured home sales.

A. No vehicle, boat or home on display shall occupy any part of the street right-of-way or required customer parking area. See buffer yard provisions in § 1313.03.

B. See light and glare standards in § 1310.07.

C. Any mobile/manufactured homes on a sales site shall meet the required principal building setbacks from the perimeter lot lines.

D. This use shall encompass sales and rental of all types of motor vehicles and trailers, including recreational vehicles.

(9) Auto repair garage.

A. All paint work shall be performed within a building, with a fume collection and ventilation system that directs fumes away from any adjacent dwellings. Outdoor major repairs (such as body work and grinding) and outdoor welding shall not occur within 100 feet of a "residential lot line."

B. All reasonable efforts shall be made to prevent or minimize noise, odor, vibration, light or electrical interference to adjacent lots. See standards in Article 1310. See buffer yard requirements in § 1313.03.

C. Outdoor storage of motor vehicles shall not be within any required buffer yard or street right-of-way. Motor vehicles shall not be parked on a public sidewalk.

D. Overnight outdoor storage of junk other than permitted vehicles shall be prohibited within view of a public street or a dwelling.

E. Any junk vehicle (as defined by § 1315.02) shall not be kept for more than 60 days within view of a public street or a dwelling, unless it is actively under repair or is awaiting resolution of an insurance claim or an accident investigation. A maximum of 10 junk vehicles may be kept on a lot outside of an enclosed building at any one time, unless it is actively under repair, or is awaiting resolution of an insurance claim or an accident investigation. If a greater number of junk vehicles are kept on the lot than is allowed by this section, the use shall be regulated as a junkyard. Vehicles shall not be parked on a public sidewalk.

F. Service bay doors shall not face directly towards an abutting dwelling (not including a dwelling separated from the garage by a street) if another reasonable alternative exits.

(10) Auto service station.

A. See definition of this term and "auto repair garage" in Article 1315. The uses may be combined, if the requirements for each are met.

B. All activities except those to be performed at the fuel or air pumps shall be performed within a building. The use shall not include spray painting.

C. Fuel pumps shall meet side yard principal building setback requirements.

D. The regulations for auto repair garage in the above subsection shall also apply to an auto service station.

E. The use may include a convenience store if the requirements for such use are also met.

F. A canopy shall be permitted over the gasoline pumps with a minimum front setback of 15 feet from each street right-of-way line.

1. Such canopy may be attached to the principal building. The canopy shall not include any signs, except for the following: a) signs may be attached to the canopy in place of part of the allowed freestanding or wall sign area for the property, and b) necessary warning signs.

G. Fuel dispensers shall be set back a minimum of 30 feet from the existing street right-of-way line and 50 feet from any lot line of a lot occupied by a residential use.

H. Gas station canopies must be designed with luminaries recessed under the canopy to minimize light pollution onto streets and other lots. See also limits on lot line lighting in Article 1310.

I. Gas stations may include a car wash if the requirements for a car wash are also met.

(11) Bed-and-breakfast inn.

A. Within a residential district (if permitted under Article 1303), a maximum of five rental units shall be provided and no more than three adults may occupy one rental unit. No maximums shall apply within other permitted districts.

B. One off-street parking space shall be provided for each rental unit. The off-street parking spaces for the bed-and-breakfast inn shall be located either to the rear of the principal building or screened from the street and abutting dwellings by landscaping.

C. There shall not be any signs, show windows or any type of display or advertising visible from outside the premises, except for a single sign with a maximum sign area of six square feet on each of two sides and with a maximum height of eight feet. Such sign shall only be illuminated externally and shall use incandescent light or light of similar effect.

D. The use shall have a residential or historical appearance.

E. The use shall be operated and/or managed by permanent residents of the lot.

F. There shall not be separate cooking facilities in any guest room. Food shall only be served to guests who are staying overnight, unless a restaurant is also permitted.

G. No guest shall reside in the bed-and-breakfast inn for more than 30 total days in any ninety-day period.

(12) Boardinghouse (includes rooming house).

A. Minimum lot area: 20,000 square feet.

B. Minimum side yard building setback: 15 feet each side.

C. Minimum lot width: 100 feet.

D. Maximum density: one bedroom per 3,000 square feet of lot area; but in no case shall the lot serve a total of more than 20 persons.

E. Each bedroom shall be limited to two persons each.

F. A buffer yard with screening meeting § 1313.03 shall be provided between any boardinghouse building and any abutting dwelling.

G. Note. There are separate standards for an assisted living facility, which is not considered a boardinghouse.

H. Signs shall be limited to two wall signs with a maximum of two square feet each.

I. Rooms shall be rented for a minimum period of five consecutive days.

J. If the use houses more than eight persons, a resident manager shall be required, who shall be authorized to accept code enforcement notices.

K. Note that there is also a separate use named single room occupancy with on-site supervision.

(13) BYOB club.

A. The use shall submit a security plan, which shall be found acceptable by the Zoning Hearing Board, after being offered for review by the Police Department and Mayor.

B. As a condition of approval, the applicant shall regularly collect litter from the outside of the premises and adjacent sidewalks. The applicant shall maintain and regularly empty a trash receptacle near a building exit.

(14) Car wash.

A. Traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets. On-lot traffic circulation channels and parking areas shall be clearly marked.

B. Adequate provisions shall be made for the proper and convenient disposal of refuse. The applicant shall provide evidence that adequate measures will be in place to prevent pollutants from being washed into the groundwater or waterways. Any chemicals or polluted runoff that may be hazardous to aquatic life shall be stored within an area that will completely contain any leaks, spills or polluted runoff.

C. Water from the car wash operation shall not flow onto sidewalks or streets in such a manner as could cause ice hazards or runoff problems. Wash water shall be properly collected and shall not flow into a waterway. To the maximum extent feasible, water should be recycled.

D. Any car wash that is located within 250 feet of an existing dwelling shall not operate between the hours of 10:00 p.m. and 7:00 a.m.

(15) Cemetery.

A. Minimum lot area: 1.5 acres, which may be on the same lot as an allowed place of worship.

B. All structures and graves shall be set back a minimum of 20 feet from the right-of-way of any public street, 10 feet from the cartway of an internal driveway, and 10 feet from any other lot line. Any buildings with a height greater than 20 feet shall be set back a minimum of 50 feet from all lot lines.

C. No grave sites and no buildings shall be located within the 100-year floodplain.

D. The applicant shall prove to the satisfaction of the Zoning Officer, based upon review by the City Solicitor, that the use will include an appropriate financial system to guarantee perpetual maintenance.

E. The internment or spreading of cremated remains are not regulated by this title.

(16) Commercial communications antennas/tower as principal or accessory use.

A. An accessory commercial communications antenna shall be permitted by right in any district if it meets the following requirements:

1. In any district, the antenna shall extend a maximum of 20 feet beyond the existing structure to which it is attached. The antenna shall be attached to one of the following existing lawful structures:

(A) A principal agricultural building or silo;

(B) An electric high-voltage transmission tower;

(C) An existing lawful commercial communications tower;

(D) A fire station or steeple or bell tower of a place of worship;

(E) A water tower; or

(F) A streetlight or utility line pole, provided that an existing streetlight or utility pole shall not be extended or replaced to result in a total height exceeding 45 feet in a residential district, and provided that a new utility pole shall not be installed in a residential district to support an antenna within a residential subdivision that currently does not have aboveground utility poles.

2. An antenna that extends between 20 feet and 40 feet from the structure to which it is attached shall only be allowed in a commercial or industrial district. Such antenna shall not be attached to a dwelling. In such case, the antennas shall be set back a distance equal to its total height above the ground from any lot line of a dwelling on another lot.

B. Any commercial communications antenna/tower that does not meet Subsection A above (such as a new freestanding tower) shall only be allowed where specifically authorized in Articles 1303 and 1304, and in compliance with the following additional regulations:

1. Such antenna/tower shall be set back from all lot lines and street rights-of-way a distance that is greater than the total height of the antenna/tower above the surrounding ground level. The City may permit an easement arrangement to be used without meeting the setback requirement from the edge of the leased area, provided that there are legal safeguards to ensure that the setback will continue to be met over time from a lot line.

2. A new tower, other than a tower on a lot of an emergency services station, shall be set back a minimum horizontal distance equal to its total height from any lot used for residential purposes.

3. A tower attached to the ground shall be surrounded by a security fence/gate with a minimum height of eight feet and evergreen plantings or preserved vegetation with an initial minimum height of four feet.

4. See structural and wind resistance requirements of the construction code.

5. The applicant shall describe in writing the policies that will be used to offer space on a tower to other communications providers, which shall serve to minimize the total number of towers necessary in the region. This policy shall be designed to minimize the total number of towers necessary in the City.

6. An applicant for a new commercial communications tower shall provide evidence to the Board that they have investigated co-locating their facilities on an existing tower and other tall structures and have found such alternative to be unworkable. The reasons shall be provided.

7. A maximum total height of 200 feet above the ground shall apply in a commercial or industrial district and 150 feet in any other district where it may be allowed, unless the applicant proves to the Zoning Hearing Board that a taller height is absolutely necessary and unavoidable.

8. The application shall describe any proposed lighting. The Board may restrict the type of lighting used, provided it does not conflict with FAA requirements.

9. A new tower shall be designed in a manner that minimizes its visual intrusiveness and environmental impacts to the maximum extent feasible. For example, monopole designs or designs worked into a flagpole are preferred over lattice designs.

10. Any new tower shall be designed to accommodate equipment for more than one provider.

C. Purposes. These provisions for commercial communications antenna/towers are primarily designed to serve the following purposes, in addition to the overall objectives of this title:

1. To protect property values.

2. To minimize the visual impact of antenna/towers, particularly considering the importance of the scenic beauty of the area in attracting visitors for outdoor recreation.

3. To minimize the number and heights of towers in a manner that still provides for adequate telecommunications services and competition.

D. A tower/antenna that is intended to primarily serve emergency communications by a City-recognized police, fire or ambulance organization, and is on the same lot as an emergency services station or the City-County Building, shall be permitted by right. Such tower/antenna may also serve accessory commercial purposes.

E. Any antenna and tower that is no longer in active use shall be completely removed within six months after the discontinuance of use. The operator shall notify the Zoning Officer, in writing, after the antenna or tower use is no longer in active use. Any lease shall require such removal by the owner of the antenna/tower. Any lease should provide that the lease shall expire once the antenna/tower is removed.

F. Accessory utility buildings shall have a maximum height of 10 feet.

G. Antennas and towers shall comply with any airport approach zoning regulations.

H. This title does not regulate communications antenna that are placed on poles within a street right-of-way, which shall require a separate City approval or permit outside of this title. However, a new pole shall not be placed in the right-of-way abutting a residential zoning district for the primary purpose of supporting a communications antenna.

I. Once a communications tower has been approved, antenna and equipment may be placed or replaced on the tower as a permitted by right use, provided the total height is not increased above the approved height.

(17) Crematorium.

A. Minimum lot area: 30,000 square feet. A crematorium may be on the same lot as a cemetery or funeral home, provided the requirements for each are met.

B. A crematorium, where allowed by Articles 1303 or 1304, shall be set back a minimum of 200 feet from all lot lines of existing dwellings and all undeveloped residentially zoned lots.

C. City zoning approval is conditioned upon receiving a DEP air quality permit. The Zoning Officer shall be notified in writing by the operator of the use within one business day if such state permit is ever suspended or revoked.

(18) Conversion of an existing dwelling into additional dwelling units.

A. See Articles 1303 and 1304, which establish where conversions are allowed.

B. The following regulations shall apply to the conversion of an existing one-family dwelling into a greater number of dwelling units:

1. The building shall maintain the appearance of a one-family dwelling with a single front entrance. Additional entrances may be placed on the side or rear of the structure. The dwelling units may internally share the single front entrance.

2. The conversion shall not be permitted if it would require the development of an exterior stairway on the front of the building, or would require the placement of more than two off-street parking spaces in the required front yard.

C. A previously residential building shall maintain a clearly residential appearance, except as may be necessary for restoration of a historic building.

D. A maximum total of four dwelling units may be developed per lot, unless a more restrictive provision is established by another section of this title, unless the building included more than 3,000 square feet of building floor area at the time of adoption of this title.

E. Each unit shall meet the definition of a dwelling unit in Article 1315 and shall meet the minimum floor area requirements of § 1313.01.

(19) Conversion of an existing principal institutional building or a principal industrial building into multifamily dwellings or live/work units.

A. A minimum average of 800 square feet of total existing building floor area that will be converted into residential use shall be required for each dwelling unit. A minimum of 500 square feet of floor area shall apply within each dwelling unit. A minimum square footage of lot area per dwelling unit shall not apply for this use.

B. If the applicant proves to the satisfaction that modifications are needed to parking, loading, density or setback requirements to reasonably allow the adaptive reuse of an existing principal building, the Zoning Hearing Board shall have the authority to approve such modifications as a condition of the special exception approval.

C. The Zoning Hearing Board shall consider compatibility with any adjacent residential neighborhood in considering approval of such modifications, and the availability or shortage of on-street parking spaces and the anticipated need for parking in case of a parking modification. If the applicant is requesting a parking modification, the applicant shall provide a written analysis of available parking spaces within 300 feet during a time of peak parking demand.

(20) Cottage neighborhood development. The following requirements shall apply to a project approved as a cottage neighborhood development, in place of the requirements of Article 1305.

A. Purposes. To promote cottage neighborhood development, which may involve a mix of singles, twins and townhouses. Many of the units are intended to face onto usable common open space. To encourage the creation of more usable open space through flexibility in density and lot standards. To promote pedestrian-friendly site designs. To encourage an identifiable neighborhood that promotes oversight of the area by residents (including through use of front porches). To minimize the visibility of garage doors and minimize conflicts between driveways and sidewalks. To seek that the housing include traditional designs, including pitched roofs, varieties in rooflines, prominent front porches, dormers, large windows and similar features. These provisions also recognize that modest-sized new dwellings typically generate less parking demand and reduced impacts compared to larger dwelling units.

B. Minimum tract size. The total lot area of all lots in the tract shall not be less than one acre. This acreage may include adjacent lots in common ownership that are separated by streets.

C. Uses. The only principal uses allowed within a cottage neighborhood development shall be single-family detached dwellings, single-family semidetached (twin) dwellings, townhouses, common open space, a community building (which may include dining facilities for residents and their invited guests), and temporary real estate sales office/model home. Each of these uses shall be permitted by right, if the requirements for a cottage neighborhood development are met.

1. In addition, a maximum of 5% of the dwelling units may be live/work units, in compliance with § 1306.02. These units shall be permitted by right, provided that the location of such units are identified in the approved subdivision or land development plan. Such live/work units shall be limited to offices, arts/crafts studio or personal services, or music, dance or art instruction involving a maximum of three students at a time. Such units shall not include retail sales except as accessory to an arts/crafts studio.

2. Accessory uses shall be allowed in the same manner as is provided in the zoning district regulations.

D. Dimensional requirements.

1. This section is intended to allow flexibility in the placement of dwelling units. Fee-simple lots with separate lot lines are not required for individual dwellings.

2. The total area of all lots in the tract (not including rights-of-way of existing streets) measured in acreage shall be multiplied by 10 dwelling units per acre to determine the maximum total density of the tract. Existing street rights-of-way shall be deducted from the total area of the tract, but paper streets and alleys and streets and alleys that have not been opened to vehicle traffic may be included.

3. The minimum setback for buildings from the right-of-way of a street shall be five feet. This setback may be occupied by an unenclosed porch (which may have a roof).

4. The minimum setback for buildings from the right-of-way of an alley shall be two feet. The applicant shall prove to the satisfaction of the City that there will be adequate turning radius for vehicles to enter and exit garages, considering the paved width of the alley in front of the garage doors.

(A) The following minimum setbacks shall apply from a lot line that is exterior to the cottage neighborhood development (and that is not a street or an alley):

(B) Twenty feet for a dwelling from an abutting lot that is residentially zoned;

(C) Ten feet for a dwelling from an abutting lot that is not residentially zoned; and

(D) Five feet for a detached accessory building.

(E) The minimum separation distance between dwellings that are not lawfully attached shall be eight feet.

(F) A maximum of six dwelling units shall be attached together in any manner.

5. No more than 25% of the dwelling units may include a vehicle garage door(s) that faces onto a public street.

(A) Where garages are attached to a dwelling, the garage doors shall not have a smaller front yard setback from a public street than the front of the main residential portion of the dwelling.

6. A minimum of 80% of the dwelling units shall include an unenclosed front, side or rear porch and/or a balcony or deck with a minimum square footage for each dwelling unit of at least 50 square feet. Such porch, balcony or deck may have a roof, but shall have open sides on at 50% of its perimeter.

7. A central commons open space area is required, which shall have a minimum area of 500 square feet and a minimum width of 25 feet. The commons areas shall be part of the required common open space.

(A) A minimum of 60% of the dwelling units shall be located abutting or at least partly within 100 feet from a landscaped commons area.

8. Individual dwellings shall not be required to directly abut a street, if all of the following requirements are met:

(A) Each dwelling has access using a sidewalk or other hard-surfaced ADA-accessible pedestrian pathway to a detached vehicle garage, and the garage or parking space for the dwelling has vehicle access onto a street or alley;

(B) Each dwelling has access using a sidewalk or other hard-surfaced ADA-accessible pedestrian pathway to reach a street; and

(C) The dwelling abuts landscaped common open space.

9. Individual dwellings shall not be required to have their own vehicle access onto a street if each dwelling has access to a detached vehicle garage or parking area within the tract that has access to a street or alley.

10. The placement of dwelling units in relation to a street and fire hydrants shall be subject to review by the Fire Department.

11. The maximum height shall be three stories or 38 feet, whichever is more restrictive.

12. The maximum building coverage shall be 50%. This coverage shall only apply to the lot area of the tract (as opposed to individual lots) and shall be measured at the time of completion.

13. Each dwelling unit shall have a minimum width and minimum length of 20 feet. Each dwelling unit shall have a minimum heated indoor square footage of 600 square feet. If the dwelling unit includes a live/work unit, it shall need a minimum of 1,000 square feet.

14. A side of a dwelling that faces onto a public street shall include at least two of the following features:

(A) A porch;

(B) Two or more windows;

(C) One or more dormers;

(D) The use of at least two types of building materials;

(E) Variations in rooflines; and/or

(F) A variation in building setback of at least one foot.

E. Common open space. A minimum of 10% of the total lot area of the tract shall be preserved in common open space. The common open space shall be: a) preserved through a conservation easement that is enforceable by the City, and b) maintained by a legally binding homeowner association, unless the City specifically approves an alternative method of ownership and maintenance in response to a request by the applicant.

1. The common open space may also include community gardens.

2. Wetlands and lands with a slope greater than 25% shall not count towards the required amount of common open space.

F. Maintenance. The applicant shall prove to the City, based upon review by the City Solicitor's Office, that there will be a suitable legally binding system in place, such as homeowner association agreements, to ensure the proper maintenance and funding of shared facilities. The City Solicitor's Office is not required to review the amounts of any fees. Those shared facilities may include, but are not limited to, shared parking areas, common open spaces and alleys.

G. Parking. The development shall provide a minimum average of two off-street parking spaces per dwelling unit. On-street parking spaces along streets may be used to count towards a maximum average of 0.5 parking spaces per dwelling unit of this requirement, if each space is within 500 feet from the dwelling it serves. On-street parking spaces shall not be reserved for individual residents.

1. Parking spaces that are immediately in front of and on the same side of the street as preexisting dwellings or businesses shall not be counted to meet the requirements for new dwellings.

2. Any shared parking lot shall include an area designed to be used for the storage of snow.

3. An off-street parking lot to serve the dwellings in the development may be the principal use of a lot, as a permitted by right use.

H. Alleys. Any new or extended alleys shall have a minimum right-of-way width of 20 feet and a minimum cartway width of 14 feet. Any new or extended alleys shall be owned and maintained by a homeowner association, unless the City specifically approves an alternative.

I. Landscaping. A landscaping and street tree plan shall be submitted with the development application. Such plan shall also address plantings within the common open spaces.

1. A minimum average of one deciduous shade tree shall be required for every 1,000 square feet of required common open space, unless existing healthy trees will be preserved that will serve the same purpose. These trees shall be in addition to any required street trees.

J. Pedestrians. The cottage neighborhood development shall include a system of sidewalks along streets and other pedestrian pathways that connect together the various parts of the development. The City may approve a pathway to take the place of a public sidewalk, provided there is a pedestrian easement allowing use by the public.

K. Design guidelines. The applicant for a cottage neighborhood development shall submit a narrative describing how the proposed plans do or do not comply with the advisory design guidelines that are included in the following sections.

1. Common open space should:

(A) Have individual dwelling entrances oriented towards the open space;

(B) Have at least 75% of the dwelling units abutting a common open space;

2. Size. Each residential unit should be provided with a minimum of 200 square feet of usable private open space, with no dimension less than 10 feet. Such open space requirements may be met with a combination of front, side or rear yard locations. Units built above garages and live/work units may be omitted from this standard.

3. Front porch.

(A) Location. Every dwelling should have a covered entry porch oriented toward the common open space or street. This porch should be open on at least two sides and should not be enclosed.

(B) Live/work units may have covered entry porches located off of an alley.

(C) Size. The covered porch should be greater than 50 square feet in area, with a minimum of dimension of five feet.

4. Eyes on public space. Common open spaces, streets and alleys should have a minimum of one residential dwelling window providing clear surveillance of public and semipublic space.

5. Community buildings and elements. Every cottage neighborhood cluster should contain at least one of the following elements:

(A) Outdoor area for cooking by the residents during special events.

(B) Picnic shelter.

(C) Community recreation building, such including a room for activities.

(D) Vegetable garden plots.

(E) Playground.

6. Parking.

(A) Detached garages serving multiple dwellings should be located off of an alley.

(B) Head-in surface parking areas for more than two cars should be:

a. Prohibited in the front yard setback area;

b. Screened from public streets and adjacent residential uses by landscaping or architectural screening.

7. Refuse and recycling.

(A) Storage of these containers should be located so their visual and odorous impact on adjacent properties is minimized.

(B) Refuse and recycling containers should be screened from view by landscaping or architectural screening and should not be located in the front setback area or where smells may be offensive to adjacent properties.

(21) Criminal halfway houses or day reporting center.

A. See definition in Article 1315.

B. The applicant shall provide a written description of all conditions that will cause persons to occupy the use during the life of the permit. Any future additions to this list shall require an additional special exception use approval.

C. The applicant shall prove to the satisfaction of the Zoning Hearing Board that the use will involve adequate on-site supervision and security measures to protect public safety. If any applicable county, state, federal or professional association standards provide guidance on the type of supervision that is needed, the proposed supervision shall be compared to such standards.

D. The Zoning Hearing Board may place conditions upon the use to protect public safety, such as conditions on the types of residents and security measures.

E. A use involving housing of two or more persons who are required to register their place of residence under Megan's Law II shall be setback a minimum of 500 feet from each of the following: a primary or secondary school, a public park or playground, or a child day-care center.

(22) Day-care center, child.

A. See also "day care: family day-care home or group day care" as an accessory use in § 1306.03.

B. The use shall comply with any applicable state and federal regulations, including having an appropriate Pennsylvania Department of Human Services registration certificate or license.

C. At least one convenient space for the safe loading and unloading of children shall be provided, unless the City may approve an on-street loading space(s). A second loading and unloading space shall be required if 30 or more children are cared for on the lot.

D. The use shall include secure fencing with a height between four and 6.5 feet around outdoor play areas. The outdoor play area shall include a minimum of 1,000 square feet of land area for a day-care center of up to 20 children, which shall be increased to 2,000 square feet for larger numbers of children.

E. This use shall not be conducted in a dwelling that is physically attached to another dwelling that does not have a common owner.

F. A day care use may occur in a building that also includes permitted or nonconforming dwelling units.

G. See also the standards for a "place of worship" in this section, which allows a day-care center as an accessory use.

(22.1) Dog day care. See "animal day care."

(23) Forestry.

A. The following regulations shall apply if forestry involves a total of more than 20,000 square feet of land area in any two-year period:

1. A soil and erosion control plan shall be submitted and carried out.

2. Clearcutting shall not occur on slopes of greater than 25% natural slope or within 50 feet of the top of the bank of a perennial waterway, except for land areas where a specific land use has received City zoning approval and requires the clearcutting to occur.

(24) Gas or oil well, as a principal or accessory use.

A. Gas and oil wells shall only be allowed where provided under Article 1304, and are specifically prohibited from all residential districts.

B. A minimum setback of 400 feet shall be required from a gas or oil well, any accompanying storage tank and any aboveground equipment from any of the following: 1) any existing dwelling on another lot, or 2) any day-care center, place of worship, nursing home, hospital, personal care center, park or recreational area, or primary or secondary school. See setbacks from other buildings in the State Oil and Gas Act. A minimum setback of 50 feet shall be required from a gas or oil well, any accompanying storage tank and all related aboveground equipment to any street right-of-way or any other lot line, unless a written waiver is provided to the Zoning Officer by the principal owner of record of the adjacent lot.

C. A row of primarily evergreen trees shall be provided between any gas or oil well aboveground facilities and any existing dwelling on an adjacent lot.

D. A minimum six feet high security fence or architectural masonry wall shall be provided around a gas or oil well aboveground facilities.

E. If any gas or oil well or related mechanical equipment will be within 600 feet from an existing dwelling on another lot: 1) sound walls, acoustical blankets or similar measures shall be used to control noise, and 2) movement of trucks on the property shall not occur between the hours of 10:00 p.m. and 7:00 a.m., except for emergency measures or as necessary during initial drilling operations.

F. A Zoning Permit shall be required for a gas or oil well. As part of the permit application, the applicant shall provide a written description of the impacts upon roads, with an emphasis upon weight of vehicles that will be used. See bonding requirements in the Vehicle Code[4] or other applicable state law.

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

(25) Group homes. Group homes are permitted within a lawful dwelling unit, provided the following additional requirements are met:

A. The use shall meet the definition in Article 1315.

B. A group home shall not include any use meeting the definition of a "treatment center."

C. A group home shall include the housing of a maximum of four unrelated persons, by right and up to six unrelated persons by special exception, except:

1. If a more restrictive requirement is established by another City requirement;

2. The number of bona fide paid professional staff shall not count towards such maximum; and

3. As may be approved by the Zoning Hearing Board under § 1314.11, which allows persons to request a reasonable accommodation to the number of unrelated persons living together.

D. The facility shall have adequate trained staff supervision for the number and type of residents. If the staffing of the facility has been approved by a federal, state or county human service agency, then this requirement shall have been deemed to be met. Otherwise, if any applicable county, state, federal or professional association standards provide guidance on the type of supervision that is needed, the proposed supervision shall be compared to such standards.

E. The applicant shall provide evidence of any applicable federal, state or county licensing or certification to the Zoning Officer and shall notify the Zoning Officer, in writing, within two business days if such licensing or certification expires or is withdrawn.

F. The group home shall register in writing its location, general type of treatment/care, maximum number of residents and sponsoring agency with the Zoning Officer. If this information should change, such as an intent to serve a different type of treatment/care, the applicant shall notify the Zoning Officer, in writing, within two business days.

G. Any medical or counseling services shall be limited to a maximum of three nonresidents per day. Any staff meetings shall be limited to a maximum of four persons at one time.

H. If a group home is in a residential district, an appearance shall be maintained that is closely similar to nearby dwellings, and no exterior sign shall identify the use.

I. The persons living on-site shall function as a common household unit, with each person typically residing within the home for a period exceeding one year.

J. The applicant shall notify the local ambulance and fire services in writing of the presence of the group home and the type of residents.

K. An off-street parking space shall be provided for the largest vehicle that serves the use, in addition to parking required by Article 1311.

L. The building shall have lighted exit signs, emergency lighting, a carbon monoxide detector, and inter-connected smoke and fire alarms.

M. Note. For a use that does not meet these standards, see the requirements for rooming houses, treatment centers or criminal halfway houses.

(26) Heliport.

A. The applicant shall prove that the heliport has been located and designed to minimize noise nuisances to other properties.

B. For a special exception use, the Zoning Hearing Board may place conditions on the maximum size of helicopters, frequency of use, fueling facilities, setbacks and nonemergency hours of operation to minimize nuisances and hazards to other properties. Provided that the conditions do not conflict with safety or federal or state regulations, the Zoning Hearing Board may require that the majority of flights approach from certain directions, and not from other directions that are more likely to create nuisances for residential areas.

C. Helicopter landings and takeoffs for emergency medical purposes are not regulated by this title.

(27) Hotel or motel.

A. See definitions in Article 1315, which distinguish a hotel/motel from a boardinghouse.

B. Buildings and tractor-trailer truck parking shall be kept a minimum of 50 feet from any residential lot line.

(28) Junkyard (includes automobile salvage yard).

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

B. Outdoor storage of junk shall be at least: a) 100 feet from the lot line of any dwelling and b) 50 feet from any other lot line and the existing right-of-way of any public street.

C. The site shall contain a minimum of two exterior points of access, each of which is not less than 20 feet in width. One of these accesses may be limited to emergency vehicles. Cleared driveways with a minimum width of 15 feet shall be provided throughout the entire use to allow access by emergency vehicles. Adequate off-street parking areas shall be provided for customers.

D. Outdoor storage shall be completely enclosed (except at approved driveway entrances) by a ten-foot-wide buffer yard which complies with § 1313.03. The initial height of the evergreen planting shall be six feet. Secure fencing with a minimum height of eight feet shall be provided and well-maintained around all outdoor storage areas. Such fencing shall be provided inside of the evergreen screening.

E. Burning or incineration is prohibited.

F. All gasoline, antifreeze and oil shall be drained from all vehicles that are stored on-site, and properly disposed of. All batteries shall be removed from vehicles and properly stored in a suitable area on an impervious and properly drained surface.

G. Lot area. Three acres minimum; 10 acres maximum.

H. Tires. See the outdoor storage and display standards in the following section.

I. Any storage of junk shall be maintained a minimum distance of 100 feet from the average water level of any waterway and shall be kept out of a drainage swale.

(29) Kennel (which may include an animal shelter).

A. All structures in which animals are housed (other than buildings that are completely soundproofed and air conditioned) and all runs outside of buildings shall be located at least 200 feet from any existing dwelling.

B. Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot routinely be heard within any principal building on another lot.

C. The applicant shall describe how outdoor runs will or will not be used during late night hours.

D. See state law regulating kennels.

E. Minimum lot area: 30,000 square feet.

F. A use meeting the requirements for a kennel may also offer dog day care.

(30) Live/work unit.

A. A live/work unit is one building space that is used both for residential and for business space, such as for an office or an artist's studio. The business use shall be a use that is listed as permitted by right in the zoning district. The unit shall be treated as a dwelling unit, except for allowed signs and minimum parking requirements for the portion of the space that is used for commercial purposes that may involve nonresident employees or customer traffic.

B. If allowed in a residential district, a minimum of 50% of the unit floor area shall be primarily used for residential purposes and a maximum of three persons shall work in the unit who do not reside within the unit.

C. The operator of the business in the unit shall also be a permanent resident of the unit. The commercial space shall not be rented separately from the residential portion.

D. The business use should not generate external noise, odor, glare, vibration or electrical interference nuisances detectable to residents of other dwellings.

(31) Livestock and poultry, raising of.

A. Minimum lot area: one acre. See also "pets, keeping of" in this section.

B. Any building or concentrated feeding areas for the keeping of livestock or poultry shall be located a minimum of: 1) 200 feet from a lot in a residential district, 2) 100 feet from an existing dwelling that is not within a residential district, 3) 50 feet from all other exterior lot lines.

C. Fencing shall be used as necessary and practical to prevent livestock from entering streets or unauthorized property.

D. Buildings used for the keeping of livestock or poultry shall not be located within 100 feet of a perennial stream, river, spring, lake, pond or reservoir.

E. The applicant shall describe in writing or on site plans the methods that will be used to address water pollution and insect and odor nuisances.

(32) Manufactured (mobile) homes. The following additional requirements shall apply to a manufactured home placed on property after the adoption of this title:

A. Construction. Any mobile/manufactured home placed on any lot after the adoption of this title shall be constructed in accordance with 1976 or later safety and construction standards of the U.S. Department of Housing and Urban Development. (Note: These federal standards supersede local construction codes for the actual construction of the home itself.)

B. Each site shall be graded to provide a stable and well-drained area.

C. Each home shall have hitch and tires removed.

D. Anchoring. A mobile/manufactured home on an individual lot or mobile/manufactured home park shall include a system that properly secures the home to the ground to prevent shifting, overturning or uneven settling of the home. The requirements of the construction codes shall apply, in addition to the manufacturer's specifications for installation, as well as state regulations regarding the installation.

E. Foundation treatment. The space between the bottom of the home and the ground and/or home pad shall be enclosed using a durable fire-resistant material. This enclosure shall have the appearance of a foundation of a site-built home, such as material with a concrete-type or stucco facing, except that metal skirting shall be allowed for a dwelling within a manufactured (mobile) home park. Provisions shall be provided for access to utility connections under the home.

F. If the dwelling is outside of a manufactured (mobile) home park, then the front door of the dwelling shall face onto a street or be within 25 feet from a street right-of-way.

(33) Manufactured (mobile) home park.

A. See the requirements for manufactured home park in the GIC District in Article 1305 of this title.

B. Access to individual manufactured home spaces shall be from interior parking courts, access drives or private streets and shall not be from public streets exterior to the development.

C. All units within the manufactured home park shall be serviced by the public sewage and public water supply systems.

D. Buildings that are accessory to individual manufactured homes shall be allowed, provided they meet the minimum exterior setbacks provided in Article 1305, and provided that they are set back a minimum of 15 feet from the home of a person who does not own the accessory building.

E. A 20-foot-wide perimeter planting area shall surrounding the manufactured home park, except at approved street crossings. This planting area shall include a mix of trees and shrubs of various species and vegetated ground cover.

(34) Medical marijuana dispensary.

A. The use shall be set back a minimum of: 1) 1,000 feet from the property line of an existing primary or secondary school or child day-care center, 2) 500 feet from a public park or playground, and 3) 250 feet from a residential district.

B. The use shall not have any outdoor activities, such as outdoor seating.

C. The use shall not be open for business beyond the maximum hours of 8:00 a.m. and 8:00 p.m.

D. The use shall meet all other zoning requirements that would apply to a retail store.

E. The use shall prove to the Chief of Police that there will be sufficient security measures, after a review by the Mayor.

(35) Medical marijuana grower/processor.

A. The use shall prove to the Chief of Police that there will be sufficient security measures, after a review by the Mayor.

B. The use shall be set back a minimum of: 1) 1,000 feet from the property line of a primary or secondary school or child day-care center, 2) 500 feet from a public park or playground, and 3) 250 feet from a residential district.

C. The use also shall meet all of the same zoning requirements that would apply to a manufacturing use.

(36) Membership club.

A. See definition in § 1315.02.

B. Any active outdoor play areas shall be set back at least 25 feet from any abutting residential lot line.

C. This use shall not include an after-hours club.

(37) Mineral extraction.

A. The following additional requirements shall be met:

1. Information shall be submitted regarding the land reclamation and reuse plan of the area to be excavated.

2. After areas are used for mineral extraction, those areas shall be reclaimed in phases to a nonhazardous and environmentally sound state permitting a productive or beneficial future use.

3. A 50 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 200 feet of an area of excavation. The Zoning Hearing Board may require this yard to include an earth berm with a minimum average height of six feet and an average of one shade tree for each 40 feet of distance along the lot lines. Such shade trees shall be planted outside of any berm and any fence.

(A) New trees shall not be required where preserved trees will serve the same purpose.

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

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

(B) One hundred fifty feet from a nonresidential principal building, unless released by the owner thereof;

(C) Three hundred feet from the lot line of a dwelling.

5. The excavated area of a mineral extraction use shall be set back 150 feet from the average waterline of a perennial stream or the edge of a natural wetland of more than two acres.

6. Fencing. The Zoning Hearing Board may require secure fencing in locations where needed to protect public safety. As an alternative, the Zoning Hearing Board may approve the use of thorny vegetation to discourage public access. Also, warning signs shall be placed around the outer edge of the use.

7. Hours of operation. The Zoning Hearing Board, as a condition of special exception use approval, may reasonably limit the hours of operation of the use and of related trucking and blasting operations to protect the character of adjacent residential areas.

8. The activities and residual effects shall not create conditions that are significantly hazardous to the health and safety of neighboring residents.

(38) Mobile/manufactured home. See "manufactured (mobile) home" in this section.

(39) Nursing home, personal care home or assisted living center.

A. Licensing. See definitions in § 1315.02.

B. A minimum of 10% of the lot shall be suitable and developed for passive recreation. This area shall include outdoor sitting areas, gardens and/or pedestrian walks.

(40) Outdoor storage and display. The provisions listed for this use under § 1306.03 shall apply.

(41) Place of worship.

A. Minimum lot area: 25,000 square feet in a residential district, unless a larger lot area is required by the applicable zoning district. In any other district, a place of worship shall meet the normal minimum lot area for that district.

B. A primary or secondary school may be approved on the same lot as a place of worship provided the requirements for such uses are also met. Other uses shall only be allowed if all of the requirements for such uses are also met, including being permitted in the applicable district.

C. A maximum of one dwelling unit may be accessory to a place of worship on the same lot, to house employees of the place of worship and/or an employee and his/her family.

D. A child or adult day-care center shall be allowed as an accessory use.

(42) Recreation, outdoor.

A. All buildings, pavilions and areas used for nighttime activities shall be a minimum of 100 feet from an existing dwelling on another lot.

B. This term shall not include publicly owned or operated recreation or a motor vehicle racetrack.

C. See provisions for a nonhousehold swimming pool in this section.

D. Lighting, noise and glare control: see Article 1310.

E. A 20-foot-wide buffer yard in accordance with § 1313.03 shall be required adjacent to an existing dwelling on another lot.

(43) 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 20-foot-wide buffer yard with screening as described in § 1313.03 shall be provided between this use and any abutting residential lot line.

E. This use may be a principal or accessory use, including being an accessory use to a commercial use, college, an industrial use, a public or private primary or secondary school, a place of worship or a City-owned use, subject to the limitations of this section.

F. Materials to be collected shall be of the same character as the following materials: paper, fabric, cardboard, plastic, metal, aluminum and glass. No garbage shall be stored as part of the use, except for that generated on-site and that accidentally collected with the recyclables. Only materials clearly being actively collected for recycling may be stored on site.

G. The use shall only include the following operations: collection, sorting, baling, loading, weighing, routine cleaning and closely similar work. No burning or landfilling shall occur. No mechanical operations shall routinely occur at the site other than operations such as baling of cardboard.

H. The use shall not include the collection or processing of pieces of metal that have a weight greater than 50 pounds, except within an industrial district.

I. The use shall include the storage of a maximum of 50 tons of materials on the site if the use is within a residential district.

(44) Residential conversions. See "conversions of an existing building" within this section.

(45) Restaurant.

A. Screening of dumpster and waste containers: see § 1313.06.

B. See "drive-through service" in § 1306.03(d).

C. Drive-through service shall only be provided where specifically permitted in the applicable district regulations.

D. This use shall not include a tavern or a nightclub, unless the requirements for such use(s) are also met.

(46) School, public or private, primary or secondary.

A. Minimum lot area. One acre in a residential district. In any other district, the use shall meet the standard minimum lot area requirement for that district.

B. No children's play equipment, basketball courts or illuminated recreation facilities shall be within 50 feet of a residential lot line.

C. The use shall not include a dormitory unless specifically permitted in the district.

(47) Self-storage development.

A. All storage units shall be of fire-resistant construction.

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

C. Trash, radioactive or highly toxic substances, garbage, refuse, explosives or flammable materials, hazardous substances, animal carcasses or skins, or similar items shall not be stored.

D. Designated spots may be used for outdoor parking of motor vehicles or trailers. Nothing shall be stored in interior traffic aisles or accessways that would interfere with emergency vehicle access or within required off-street parking areas.

E. The use shall not include a commercial auto repair garage, unless the requirements for that use are also met.

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

G. See § 1313.03 concerning buffer yards. In addition, any outdoor storage or garage doors within 200 feet of a street right-of-way and visible from the street shall be screened from that street by a buffer yard meeting § 1313.03. Any fencing shall be placed on the inside of the plantings.

H. Minimum separation between buildings: 20 feet. Maximum length of any building: 300 feet.

(48) Single-room occupancy use with on-site supervision.

A. The use shall be owned and/or operated by an established incorporated nonprofit, charitable or religion organization.

B. The applicant shall prove to the satisfaction of the Zoning Hearing Board that there will be adequate on-site supervision, including at least one on-site bona fide manager during at least eight hours a day.

C. The use shall provide counseling programs for residents, which may be provided on-site or by connecting residents to services, including providing transportation as needed.

(49) Solid waste transfer facility or putrescent waste-to-energy facility.

A. All solid waste storage, disposal, incineration or processing shall be at least 100 feet from the following: public street right-of-way, exterior lot line or 100-year floodplain.

B. All solid waste storage, disposal, incineration or processing shall be a minimum of 300 feet from any residential district.

C. The use shall be served by a minimum of two paved access roads, each with a minimum cartway width of 20 feet. One of these roads may be restricted to use by emergency vehicles.

D. If a new use is proposed or the previously City-approved capacity of an existing use is proposed to be increased, the applicant shall prove to the satisfaction of the Zoning Hearing Board that the street network can handle the additional truck traffic, in a manner that minimizes negative impacts upon residentially zoned neighborhoods.

E. The applicant shall prove to the satisfaction of the Zoning Hearing Board that the use will include the best available methods to minimize noxious odors off of the tract.

F. A chain-link or other approved fence with a minimum height of eight feet shall surround the use, unless the applicant proves to the satisfaction of the Zoning Hearing Board that this is unnecessary.

G. Minimum lot area: 10 acres.

H. The applicant shall provide evidence to the Zoning Hearing Board that sufficient measures will be put into place to minimize the attraction, harborage or breeding of insects, rodents or vectors.

I. Attendant. An attendant shall be present during all periods of operation or dumping.

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

K. Emergency access. The operator of the use shall cooperate fully with local emergency services. This should include allowing practice exercises on the site and the provision of all information needed by the emergency services to determine potential hazards. Adequate means of emergency access shall be provided.

L. Litter. The operator shall regularly police the area of the facility and surrounding streets to collect litter that may escape from the facility or trucks.

M. Dangerous materials. No radioactive, hazardous, chemotherapeutic or infectious materials may be stored, processed, disposed or incinerated.

N. All loading and unloading and processing of solid waste shall only occur within an enclosed building, and over an impervious surface drains to a holding tank that is then adequately treated, or similar methods approved by the Zoning Hearing Board.

(50) Stable, nonhousehold. (Includes riding academies; see also "keeping of pets" in the following section.)

A. Minimum lot area: three acres. A minimum of one acre of open vegetated area shall be provided per horse or similar animal.

B. Any horse barn, manure storage areas or stable shall be a minimum of 100 feet from any lot line of an adjacent dwelling.

C. Manure shall be regularly collected and disposed of in a sanitary manner that avoids nuisances to neighbors. Manure shall be stored in a manner that prevents it from being carried off by runoff into a creek. Manure shall not be stored within 100 feet of a perennial waterway. Manure shall be managed in a way that does not result in polluted runoff from the property.

(51) Swimming pool, nonhousehold.

A. The water surface shall be set back at least 50 feet from any existing dwelling on another lot.

B. Minimum lot area: 20,000 square feet.

C. Any water surface within 75 feet of an existing dwelling on another lot shall be separated from the dwelling by a buffer yard meeting § 1313.03.

D. The water surface shall be surrounded by a secure, well-maintained fence at least six feet in height.

E. Drainage. A proper method shall be provided for drainage of the dechlorinated water from the pool that will not flood other property.

(52) Temporary and/or emergency shelter.

A. The applicant shall provide a written description of all conditions that will cause persons to occupy the use during the life of the permit. Any future additions to this list shall require an additional special exception use approval.

B. The applicant shall prove to the satisfaction of the Zoning Hearing Board that the use will involve adequate on-site supervision and security measures. If any applicable county, state, federal or professional association standards provide guidance on the type of supervision that is needed, the proposed supervision shall be compared to such standards.

C. The Zoning Hearing Board may place conditions upon the use to protect public safety, and to minimize conflicts with nearby residents.

D. The applicant shall describe the maximum number of residents who will be served, which may include a higher stated number on days of extreme weather.

(53) Townhouses and apartments.

A. Maximum number of townhouses in any attached grouping: 10.

B. Paved area setback. All off-street parking spaces, except spaces on driveways immediately in front of a carport or garage entrance, shall be set back a minimum of 10 feet from any dwelling.

C. Garages. It is strongly recommended that all townhouses be designed so that garages and/or carports are not an overly prominent part of the view from public streets. For this reason, parking courts, common garage or carport structures or garages at the rear of dwellings are encouraged instead of individual garages opening onto the front of the building, especially for narrow townhouse units.

D. Mailboxes. Any mailboxes provided within the street right-of-way should be clustered together in an orderly and attractive arrangement or structure. Individual freestanding mailboxes of noncoordinated types at the curbside are specifically discouraged.

E. Access. Vehicular access points onto all arterial and collector streets shall be minimized to the lowest reasonable number. No townhouse dwelling within a tract of five or more dwelling units shall have its own driveway entering onto an arterial or collector street.

(54) Transitional housing.

A. The use shall meet the definition and all of the standards for a group home, except that it involves the housing of a larger number of persons than are allowed in a group home, does not necessarily involve on-site supervision by staff, and/or that does not involve a dwelling unit.

B. The use shall involve a minimum average of 250 square feet of interior heated habitable building floor area per resident.

(55) Treatment center.

A. See definition in § 1315.02. This use shall not include a criminal halfway house or day reporting center, unless the requirements for all uses are fully met.

B. The applicant shall provide a written description of all conditions (such as alcohol addiction) that will cause persons to occupy the use during the life the permit. Any future additions to this list shall require an additional special exception use approval.

C. The applicant shall prove to the satisfaction of the Zoning Hearing Board that the use will involve adequate on-site supervision and security measures to protect public safety. These supervision and security measures shall be submitted in writing and be offered for review by the Mayor and Police Chief. If any applicable county, state, federal or professional association standards provide guidance on the type of supervision that is needed, the proposed supervision shall be compared to such standards.

D. The Zoning Hearing Board may place conditions upon the use to protect public safety, such as conditions on the types of residents and security measures.

(56) Veterinarian office (includes animal hospital).

A. Any structure in which animals are treated or housed shall be a minimum of 30 feet from any lot line of an existing dwelling. Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot routinely be perceived within any adjacent dwellings.

B. Animals undergoing treatment may be kept as an accessory use. Birds, rabbits, gerbils and similar animals may also be boarded. However, a commercial kennel involving healthy dogs shall only be allowed if a kennel is permitted in that district and if the applicable requirements are met.

(57) Wind turbines, other than the one wind turbine per lot that is allowed as an accessory use by § 1306.03.

A. The wind turbine shall be set back from the nearest principal building on another lot a distance not less than two times the maximum height to the top of the maximum height of the extended blade, unless a written waiver is provided by the owner of such building. All wind turbine setbacks shall be measured from the center of the base of the turbine. This provision shall apply to buildings that existed prior to the application for a zoning permit.

B. The audible sound from the wind turbine(s) shall not exceed 45 A-weighted and 45 C-weighted decibels, as measured at the exterior of a occupied principal building on another lot, unless a written waiver is provided by the owner of such building.

1. The applicant shall submit modeling showing that the noise levels will be met, and then shall provide written results by an independent professional showing that the noise standards have been met after the turbine(s) become operational.

C. The applicant shall provide information on whether the turbine could interfere with emergency medical helicopters, and if so additional warning lights may be required by the City.

D. Wind turbines shall not be climbable for at least the first 12 feet above the ground level.

E. All wind turbines shall be set back from the nearest public street right-of-way a minimum distance equal to the maximum height to the top of the maximum height of the extended blade.

F. All wind turbines shall be set back from the lot line a minimum distance equal to the maximum height to the top of the maximum height of the extended blade, unless a written waiver is provided by the owner of such lot.

G. The turbine shall include automatic devices to address high speed winds.

H. Accessory electrical facilities are allowed, such as a transformer, provided that any building shall meet setbacks for a principal building.

I. The site plan shall show proposed driveways, turbines and areas of woods proposed to be cleared.

J. Temporary towers designed to test possible locations for a wind turbine shall be permitted by right, provided they are removed within one year and meet the same setbacks as a wind turbine.

K. Decommissioning. A wind turbine shall be considered a discontinued use after one year without energy production, unless a plan is developed and submitted to the Zoning Officer outlining the steps and schedule for returning the wind turbine to service. All wind turbines and aboveground facilities shall be removed within 90 days of the discontinuation of use.

L. The maximum height above the average surrounding ground level to the top of the extended turbine blade shall be 300 feet, unless a lower height is required to meet other requirements of this title.

M. The applicant shall show compliance with Federal Aviation Administration requirements in regards to lighting.

§ 1306.03 Additional requirements for accessory uses.

[Ord. No. 1-2020, 21, passed 6-22-2020]

(a) General. Accessory buildings, structures or uses that are clearly customary and incidental to a permitted by right, special exception or special exception use are permitted by right, except as is provided for in this title. A business shall only be conducted as an accessory to a dwelling if specifically permitted by this title.

(b) Accessory setbacks. The accessory setback requirements of the applicable district shall apply to every accessory building, structure or use unless a standard that is clearly meant to be more restrictive or less restrictive is specifically stated in this article for a particular accessory use. Accessory structure setback requirements shall not apply to permitted surface parking lots, fences or permitted accessory signs.

(c) Front yard. No accessory structure, use or building shall be permitted in a required front yard in any district, unless specifically permitted by this title.

(d) Additional standards. Each accessory use shall comply with all of the following standards listed for that use:

(1) Antenna, standard (includes amateur radio antenna).

A. Height. No standard antenna, including its supporting structure, shall have a total height above the average surrounding ground level of greater than 75 feet.

B. Anchoring. An antenna shall be properly anchored to resist high speed winds, and an antenna of greater than 25 feet high above a building shall meet the City Engineer's approval.

C. If a new satellite dish replaces service by an older satellite dish, the older unused dish must first be removed from the outside of the building.

(2) Bus passenger shelter.

A. The applicant shall prove that a well-established entity is responsible for the cleaning, maintenance and repair of the shelter. If the shelter is not being properly maintained or falls into disrepair, and the entity does not correct the problem within 72 hours, then the Zoning Officer may order that the shelter be removed within seven days.

B. In a commercial or industrial district, the shelter may include an advertising sign of up to 40 square feet on each of two sides, which may be illuminated. The sign shall not flash, move or be animated or electronically change. Any shelter may also include transit informational signs.

C. The shelter shall only be allowed at a stop of regularly scheduled bus service, with the location having been approved by the provider of the service.

D. If located within the public right-of-way, approval is also needed from PennDOT if applicable and the City Department of Public Works.

E. The shelter design shall be of durable construction and shall be mostly transparent along the sides.

(3) Day care as accessory to a dwelling.

A. See Articles 1303 and 1304 under accessory uses and the definitions in § 1315.02 concerning the number of children who can be cared for in different zoning districts in a family day-care home or a group day-care home.

B. The care of four or more children (other than children or grandchildren of the on-site caregiver) shall only be allowed where specifically permitted under Articles 1303 and 1304 in the applicable zoning district.

C. The dwelling shall retain a residential appearance.

D. The use shall be actively operated by a permanent resident of the dwelling.

E. If four to 12 children are cared for who are not children or grandchildren of the on-site caregiver, then a minimum of 300 square feet of exterior play area shall be available, surrounded by a four feet minimum height secure fence. Seven to 12 children shall not be cared for in a dwelling unit that is attached to another dwelling unit, and provided that number of children are allowed in the zoning district.

F. See also "day-care center" as a principal use in this section. Day care is also an allowed accessory use for a place of worship.

G. The use shall comply with any applicable state and federal regulations, including having an appropriate State Department of Human Services registration certificate or license, if required by such agency.

H. Steps shall be properly secured to limit access by small children. The applicant shall describe any basement steps, and whether they will be locked to prevent access by children. At least one fire extinguisher shall be provided, as well as at least one emergency indoor lighting device, a working carbon monoxide detector, and smoke detectors.

I. The applicant shall describe in writing any provisions that will be made for the safe loading and unloading of children from vehicles.

(4) Drive-through facilities.

A. The proposed traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets.

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

C. A drive-through use shall be designed with space for an adequate number of waiting vehicles while avoiding conflicts with traffic onto, around and off of the site. Any drive-through facilities shall be designed to minimize conflicts with pedestrian traffic.

D. To the maximum extent feasible, a drive-through window shall not be placed on the front facade of a building.

E. The design of the drive-through facilities shall be subject to review by City officials.

F. An area used for outdoor ordering by customers shall be set back a minimum of 100 feet from a dwelling on another lot. The use shall include use of acoustic barriers or controls on the volume of loudspeakers so that the loudspeaker cannot be heard from a dwelling.

G. To the maximum extent feasible, access to a drive-through shall use a rear alley or side street, unless such access would be adjacent to dwellings.

(5) Fences and walls.

A. Fences and walls are permitted by right in all Districts. Any fence or wall shall be durably constructed and well-maintained. Fences that have deteriorated shall be replaced or removed. A fence shall not be required to comply with minimum setbacks for accessory structures.

B. No fence, wall or hedge shall obstruct the sight distance as required by Section 1313.03. (Note - The sight distance provisions typically regulate features over three feet in height.) A fence that is 75% transparent may be placed in a sight distance triangle if it is four feet or less in height.

C. Fences.

1. Front yard. Any fence located in the required minimum front yard of a lot in a residential district shall not exceed four feet in height.

(A) The required minimum front yard shall mean the portion of the front yard that is within the minimum setback. For example, if a building is set back 40 feet from the street right-of-way, but the minimum setback is 25 feet, then these front yard restrictions shall only apply to the first 25 feet.

(B) If a building has an existing front yard setback that is smaller than the minimum setback, then these front yard restrictions shall only apply to the existing front yard setback.

(C) Fences in the front yard of a dwelling shall be an open-type of fence (such as picket, wrought iron, vinyl post, or split rail) with a minimum ratio of 1:1 of open to structural areas. Mostly transparent wire mesh may be placed on the inside of such a front yard fence.

(D) A fence or detached wall that is not in a residential district and that is within 15 feet from the right-of-way of a public street or a dwelling shall have a maximum height of eight feet, except that a taller height shall be allowed by special exception where the applicant proves to the Zoning Hearing Board that a taller height is necessary.

2. On a corner lot, in a residential district, a fence or wall shall meet the same height requirements along both streets as would apply within a minimum front yard. However, a fence that only extends behind the rear of a dwelling or other principal building may have a maximum height of six feet along one of the streets, other than the street that is along the front of the dwelling.

3. Height. A fence located in a residential district in a location other than a required front yard shall have a maximum height of six feet.

4. A taller fence height may be approved where the applicant proves to the Zoning Officer that such taller height is necessary to protect public safety around a specific hazard (such as an electric substation or to prevent baseballs from entering into a street).

5. Setbacks. No fence shall be built within an existing street right-of-way. A fence maybe constructed up to a lot line, except as follows: a) a fence may be constructed on the lot line with mutual consent of the adjacent property owner, and b) a fence shall be located on the inside of any buffer plantings required by § 1313.03.

6. Fence materials. Electrically charged aboveground fences shall only be used to contain farm animals and shall be of such low intensity that they will not permanently injure humans. Underground fences to contain animals are not regulated by this title. No fence or wall shall be constructed out of fabric, junk, junk vehicles, appliances, drums or barrels. If a fence has a more finished side, the more finished side should face towards the neighboring properties or street. Fence supports should be placed on the inside of a fence.

D. Walls.

1. Engineered retaining walls necessary to hold back slopes are exempted from setback regulations and the regulations of this section, and are permitted by right as needed in all districts. However, if a retaining wall is over eight feet in height as viewed from a dwelling, it shall be set back a distance equal to its maximum height from a lot line of an existing dwelling.

2. Other than a necessary retaining wall, no wall of greater than three feet height shall be located in the minimum front yard in a residential district, except as a backing for a permitted sign as permitted in § 1312.04.

3. A wall in a residential district shall have a maximum height of three feet if it is within the minimum side or rear accessory structure setback.

E. All fences and walls (including retaining walls) over three feet in height shall need a zoning permit, regardless of whether a construction permit is also needed.

F. Any combination of a fence and a wall shall meet the maximum height requirements.

(6) Food trucks. (This term includes food trailers.)

A. If a food truck is parked on a private property for more than 15 minutes per day (other than routine temporary operations at a construction site), it shall only be permitted where allowed by Article 1304 and shall meet all of the following requirements:

1. It shall be set back a minimum of 30 feet away from a dwelling on another lot and shall not obstruct safe sight distances at intersections and driveways;

2. It shall meet all requirements for signs that would apply to a building;

3. It shall not be open to customers between 10:00 p.m. and 6:00 a.m.;

4. It shall not be located within a public right-of-way;

5. It shall provide a regularly emptied sanitary outdoor waste container and litter shall be regularly collected;

6. It shall meet all health regulations; and

7. It shall only operate with written permission of the property owner.

B. A food truck shall not occupy a public on-street or City-owned off-street parking space for more than 15 minutes per day while serving food or beverages.

C. The City may authorize written temporary exceptions to these provisions during a special event, parade or festival.

D. This section shall not regulate sales that may be allowed within a City park (such as during a festival). See Article 709 of the City's Code.

E. A maximum of one food truck shall be allowed per lot, except as authorized by Subsection C above.

F. The food truck shall display a current state vehicle license and safety inspection sticker and have current vehicle registration.

G. See also provisions for "sidewalk cafes and food carts" in this section.

H. Electric generators that generate noise heard inside a building and tanks of explosive substances shall not be placed within 100 feet of a dwelling.

I. In addition, a food truck shall be allowed as an accessory to a lawful restaurant that operates within a building on the same lot in any district.

(7) Furnace, outdoor (such as wood-burning boilers and other building heating devices that are exterior to a principal building).

A. The following setbacks shall apply from a lot that is not in common ownership with the lot occupied by the outdoor furnace:

1. An outdoor furnace shall be set back a minimum of 150 feet from any existing occupied building on another lot.

2. The outdoor furnace shall be set back a minimum of 50 feet from any other lot line.

B. The applicant shall show compliance with PA DEP regulations.

C. The furnace shall not be used to burn rubber, plastics, hazardous materials, putrescent garbage, paint products, manure, asphalt products or painted wood.

(8) Garage sale (includes yard sale, moving sale and porch sale).

A. See sign provisions in § 1312.05.

B. A garage sale in a residential district is limited to a total of three sales per calendar year per dwelling unit, with each sale limited to a maximum of three days.

C. Garage sales shall not routinely involve the sale of new unused merchandise.

D. After a garage sale is complete, all items must be immediately removed from the yard.

(9) Heliport. See under principal uses in the previous subsection.

(10) Home occupations.

A. Note. There are two types of home occupations: low-impact home occupations (which are typically permitted by right), and other types of home occupations that are named "general home occupations" and need special exception approval in most districts.

B. All home occupations shall meet the following requirements:

1. The use shall only be conducted by one or more permanent residents of the dwelling, except it may also involve a maximum of one employee who does not reside in the dwelling. However, if a lot includes three or more multifamily dwellings, then no person shall work in a home occupation who does not reside on the lot. If a lot includes three or more multifamily dwellings, then only low-impact home occupations shall be allowed on the lot.

2. The use shall be conducted indoors, in a principal and/or accessory building. No outdoor storage or display related to the home occupation shall be permitted. No changes shall occur to the exterior of a building that would reduce its residential appearance as viewed from a street.

3. The use shall occupy an area that is not greater than 25% of the total floor area of the principal dwelling unit. The use shall clearly be secondary to the residential use.

4. A home occupation shall be required to provide off-street for the dwelling unit (unless a lack of parking is lawfully nonconforming), plus one space if there will be business traffic to the lot. For a general home occupation, the Zoning Hearing Board shall require additional off-street parking if the Board determines it is necessary for customer parking.

5. The use shall not routinely require delivery by tractor-trailer trucks.

6. The regulations of § 1306.03(d)(15) below regarding parking of trucks shall apply to a home occupation. No excavating equipment shall be parked overnight on a residential lot or an adjacent street as part of a home occupation.

7. No equipment or machinery shall be permitted that produces noise, noxious odor, vibration, glare, electrical or electronic interference detectable on another property. The use shall not involve the storage or use of hazardous, flammable or explosive substances, other than types and amounts typically found on a residential property. The use shall not involve the storage or use of toxic or highly hazardous substances.

8. A home occupation shall not be conducted in a manner that is perceptible to other residents between the hours of 9:00 p.m. and 7:30 a.m.

9. Any tutoring or instruction shall be limited to a maximum of three students at a time.

10. A barbershop or beauty shop shall not include any nonresident employees.

11. The office of a medical doctor, chiropractor or dentist shall not be permitted as a home occupation.

12. A home occupation may include a single two square foot nonilluminated sign, as permitted in § 1312.03.

13. The Zoning Hearing Board shall deny a general home occupation application, or limit its intensity through conditions, if the Board determines the use would be too intense for the proposed location. In making such determination, the Board shall review the likely amounts of traffic, the types of deliveries needed, the types of operations involved and related nuisances, the amount of off-street and on-street parking that is available, the density of the neighborhood, whether the use would be adjacent to another dwelling, and setbacks from other dwellings.

14. The use shall not involve manufacturing, other than of custom crafts and sewing. The use shall not involve commercial repair of motor vehicles. See additional restrictions in Subsection (d)(11) and (15).

15. The use may include sales using telephone, mail order or electronic methods. On-site retail sales shall be prohibited, except for sales of hair care products as accessory to a barbershop/beauty shop.

16. If more than one home occupation is accessory to a dwelling, the total aggregate impact of the home occupations shall be considered in determining compliance with this title.

17. A zoning permit shall be required for a general home occupation. A tenant shall need written permission of the property owner to submit a general home occupation application.

18. A building that is accessory to a dwelling shall not be used for home occupation activities that will generate noise, hazards or other nuisances for residential neighbors, but may be used as an office or accessory storage.

C. In addition to the requirements in Subsection (d)(10)B above, the following additional requirements shall apply to a low-impact home occupation:

1. The use shall not routinely involve routine daily visits to the home occupation by customers.

2. The use shall meet the definition of "home occupation, low-impact" in § 1315.02.

3. A zoning permit shall not be required for a low-impact home occupation.

(11) Motor vehicle storage as an accessory use. The following regulations shall apply to any use that is not a lawful junkyard, auto sales use, auto service station, or a auto repair garage.

A. Any motor vehicle kept on a lot shall display a valid state license plate and a current state inspection sticker, unless it is stored within an enclosed building.

B. See also the requirements in the Property Maintenance Code.

(12) Outdoor storage and display. Commercial or industrial as a principal or accessory use.

A. Location. Outdoor storage or display shall not occupy any part of any of the following: the existing or future street right-of-way, sidewalk or other area intended or designed for pedestrian use or required parking area.

B. No such storage or display shall occur on areas with a slope in excess of 25% or within the 100-year floodplain, except that preexisting parking areas can continue to be used for parking of operable motor vehicles.

C. Screening. See § 1313.03.

D. Outdoor storage of 50 or more used tires.

1. This storage shall only be allowed as part of a City-approved junkyard or tire store.

2. Where allowed, any storage of used tires shall involve stacks with a maximum height of 15 feet, and that cover a maximum of 400 square feet. Each stack shall be separated from other stacks from all lot lines by a minimum of 75 feet. If the same set of tires is stored on a lot for more than six months, they shall be stored within a building or trailer.

3. The operator of a lot involving tire storage shall prove that the tires are stored in a manner that minimizes public health hazards from the breeding of vectors in accumulated water and/or that the site is regularly sprayed to minimize vectors.

(13) Pets, keeping of.

A. This is a permitted by right accessory use in all districts.

B. No use shall involve the keeping of animals or fowl in such a manner or of such types of animals that it creates a serious nuisance (including noise or odor), a health hazard or a public safety hazard. The owner of the animals shall be responsible for collecting and properly disposing of all fecal matter from pets. No dangerous animals shall be kept outdoors in a residential district, except within a secure, completely enclosed cage or fenced area of sufficient height and on a chain. Animals shall be kept on the property of the owner, except when they are on a leash.

C. A maximum combined total of five dogs and cats shall be permitted to be kept by residents of each dwelling unit on their residential premises.

1. Such limits shall only apply to dogs or cats over six months in age, and shall not apply to bona fide working service dogs.

2. Any greater number of dogs and/or cats shall need approval as a kennel.

D. Pigeons, chickens, ducks, geese and/or similar fowl shall only be kept on a lot of larger than one acre. A maximum of six of such fowl may be kept as an accessory use, unless the lot area is more than three acres. If the total weight of such fowl exceeds 500 pounds, then the requirements shall be met for raising of livestock or poultry. Roosters shall not be kept. Such animals shall only be allowed in a fenced-in area with proper odor control.

E. Any animal barn, manure storage areas or stable shall be a minimum of 100 feet from any residential lot line.

F. See the definition of "pets" in § 1315.02. Only those pets that are domesticated and are compatible with a residential character shall be permitted as keeping of pets. Examples of permitted pets include dogs, cats, rabbits, fish, gerbils and lizards.

1. The following animals shall not be allowed to be kept within the City: bears, wolves, wolf-dog hybrids, venomous snakes that could be toxic to humans, or constrictor snakes that could be dangerous to humans. The keeping of any exotic wildlife shall also comply with the Pennsylvania Game and Wildlife Code[1] regulations.

[1] Editor's Note: See 34 Pa.C.S.A. § 101 et seq.

2. See the City's separate Exotic Animal Ordinance.

G. The keeping of horses, cows, sheep, goats, hogs, pigs, and similarly sized animals shall require a minimum lot area of three acres. A minimum of one acre of vegetated area shall be provided on average for each such animal.

H. The restrictions in this subsection shall not apply to a bona fide temporary animal exhibition in a commercial or industrial district, or a temporary petting zoo as part of a special event.

(14) Recreational vehicle parking. See under residential accessory structure or use in this section.

(15) Residential accessory structure or use. (See definition in § 1315.02.)

A. Accessory structures and uses (other than fences) shall not be located within the required accessory use setback as stated in § 1305.03, unless specifically exempted by this title. Accessory structures shall not be located within a front yard, nor within any yard required to be equal in width to a front yard along a street on a corner lot. See accessory setback regulations in § 1305.03.

B. Height. See § 1305.02(a).

C. Parking of commercial trucks and buses. The overnight outdoor parking of commercial trucks, commercial buses or excavating equipment or the trailer from a tractor-trailer combination on a principal residential lot in a residential district is prohibited, except that the parking of a maximum of one vehicle with a gross vehicle weight of up to 13,000 pounds shall be allowed if such vehicle(s) is used by residents of the dwelling to travel to and from work. The parking for more than one hour per day of trucks carrying gasoline or similar hazardous or explosive materials or that are used to carry putrescent garbage is prohibited in a residential district.

D. Repairs. Repairs of a truck with an aggregate gross vehicle weight of over 13,000 pounds shall not occur on a residential lot. Repairs of motor vehicles that are not owned or leased by a resident of the lot shall not occur on a residential lot. Note: relative is defined to not include cousins. Work on motor vehicles on a residential lot shall not be conducted as a commercial business. Work on motor vehicles on a residential lot shall not include the replacement of an engine or transmission, body work, frame work, or spray painting. Repairs on motor vehicles on a residential lot shall primarily occur within a building, except for occasional outside work of a type that does not result in noise nuisances or pollution hazards.

E. See setback exceptions in § 1313.03(b).

F. Recreational vehicles and boats. See § 1313.01(d) concerning recreational vehicle occupancy. Vehicles and boats shall be maintained to prevent the leakage of fuels and mechanical fluids onto the ground. A recreational vehicle shall not be used as a residence for more than five days in any calendar year. A recreational vehicle or boat that has a total length of more than 24 feet shall not be parked on a residential lot, except during a maximum of two days in any seven-day period, unless it is stored within an enclosed building.

G. A maximum of one motor vehicle or boat shall be displayed or offered for sale on a residential lot in a residential district.

H. See also motor vehicle storage in Subsection (d)(11) above.

I. A truck or trailer used for the hauling or storage of putrescent waste shall not be parked on a residential lot.

(16) Short-term rental of a dwelling.

A. This provision shall apply to a reoccurring rental of a dwelling unit to different persons for periods of time of less than 30 days.

B. A permanent resident shall be considered a person who has their place of residence listed at the subject address on a driver's license or similar government identification card. A permanent resident of a dwelling unit may rent portions of the dwelling unit for any period of time, provided that the dwelling unit does not exceed the maximum number of unrelated persons in the definition of "family," and provided that the permanent resident is currently living in the dwelling and is overseeing the rental.

C. The entire dwelling unit may only be rented for periods of time of less than 30 days, while the permanent resident is not living in the dwelling, if the total time period of all such rentals does not exceed 30 days per calendar year.

D. The following are examples of how this subsection is intended to work: 1) A permanent resident may rent a portion of a dwelling to two persons for any period of time; 2) While a permanent resident is away on vacation, the dwelling unit may be rented for 15 days once a year and then a maximum of another 15 days during the same year; 3) A permanent resident may rent out a bedroom to two visitors to the area every weekend, provided the permanent resident is still living in the dwelling; and 4) an entire dwelling unit may be rented on a monthly basis. The following is an example of what is not allowed: A homeowner shall not rent out the home for seven days at a time during five different weeks in a year, while the dwelling is not occupied by a permanent resident who is responsible for overseeing the rental.

E. See the City's Residential Rental Licensing Ordinance, which may require registration and certain safety improvements.

(17) Sidewalk cafe or sidewalk food cart. Where a lawful permanent commercial business is actively in operation in a commercial zoning district, and a restaurant is allowed in the zoning district, a portion of the sidewalk within the public right-of-way immediately in front of that business may be used for a portable food cart and/or movable customer seating and tables for the consumption of food or beverages, provided that all of the following additional conditions are met:

A. The cafe or food cart is required to have the same owner or operator as the adjacent indoor business. Indoor restrooms shall be available for customers of the sidewalk business.

B. A continuous five feet minimum unobstructed hard-surface sidewalk width shall be maintained that is accessible by wheelchairs. Such access shall also be provided to all ADA ramps and street intersections.

C. A sanitary outdoor trash receptacle shall be provided for customers, which shall be regularly emptied with proper disposal. Litter shall be regularly collected.

D. The outdoor use shall not operate between 12:00 midnight and 6:00 a.m., except it shall not operate after 10:00 p.m. if it is within 250 feet of a dwelling on another lot.

E. Any umbrellas or canopies shall maintain an eight feet high minimum vertical clearance over a public sidewalk. The space within the right-of-way shall not be enclosed by walls or solid materials, except that the City may approve decorative planters.

F. The applicant shall be required to provide a valid insurance certificate to the City that holds the City harmless resulting from any claim involving the use of the right-of-way, and that names the City as an additional insured. Such certificate shall be regularly updated and presented to the Zoning Officer to prove that it remains valid during the life of the use. Such certificate shall be in a form that is acceptable to the City and shall provide a minimum of $100,000 of insurance coverage, which shall be increased to $500,000 if alcohol is consumed within the public right-of-way, and which shall address general and liquor liability.

G. The cart and all of the sidewalk cafe features shall be required to be completely removed from the public right-of-way within 24 hours if the applicant is provided a written notice of violation of a City ordinance (such as failure to meet the insurance requirements) or if the cafe, food cart or the adjacent business is no longer in active use.

H. This subsection shall not limit a lawful restaurant from using part of the same or an adjacent privately owned lot for accessory outdoor seating.

I. See also "food trucks" in the subsection above.

J. The City may authorize written temporary exceptions to these provisions during a City-authorized special event, parade or festival.

K. If alcohol sales occur, the applicant shall prove to the Zoning Officer that there is a valid liquor license which allows such sales where they are proposed to occur.

L. Electric generators that generate noise heard inside a building and tanks of explosive substances shall not be placed within 100 feet of a dwelling.

M. Permitted outdoor eating and drinking areas that are not within the public right-of-way shall not be required to meet this Subsection (d)(17).

N. The City may require the use of posts or a similar barrier to delineate the area allowed to be used for a sidewalk cafe.

(18) Swimming pool, household (referred hereafter as "pool").

A. All pools shall be fenced in compliance with the standards in the construction code. The construction code requirements for a fence or other approved barrier around the pool shall apply for both existing and new pools. (Note: As of 2018, the construction code applies to pools with a capacity of 24 inches or more of water.)

B. The water surface and any raised decking of a swimming pool shall be set back a minimum of 10 feet from side and rear lot lines of an existing dwelling, if the pool is capable of holding 24 or more inches of water. A three-foot setback shall apply from nonresidential lot lines or an alley. No side or rear setback shall apply for a pool with a capacity of less than 24 inches of water. A pool shall not be located in a front yard.

C. Drainage. A proper method shall be provided for drainage of the water from the pool that will not flood other property and will not harm vegetation on other properties. Chlorinated water shall be allowed to sit without any additional chlorination for sufficient time to allow the water to become de-chlorinated to a level that will not cause water pollution, before the pool is emptied. See also the requirements of the City's MS4 regulations regarding water quality.

D. A pool shall not be placed over a utility easement, unless the pool is portable.

(19) Temporary commercial uses. See § 1314.03(g).

(20) Unit for care of relative.

A. The use shall meet the definition in § 1315.02.

B. The accessory unit shall be occupied by a maximum of two persons, who shall be relatives of the permanent residents of the principal dwelling unit. At least one resident of the accessory unit shall need such accommodations because of an illness, old age or disability.

C. The applicant shall prove to the Zoning Officer that the accessory unit has been designed and constructed so that it can be easily reconverted into part of the principal dwelling unit or is a modular cottage that will be completely removed from the lot after the relative no longer resides within the unit. Such accessory unit may be converted into an additional bedroom(s), permitted home occupation area or similar use. A lawful detached garage may be converted into a unit for care of relative, and then be reconverted to a garage or permitted home occupation area or otherwise function as part of the principal dwelling unit.

D. The applicant shall establish a legally binding mechanism in a form acceptable to the City that will prohibit the use of the accessory unit as a separate dwelling unit after the relative no longer resides within the unit. Such mechanism shall also be binding upon future owners.

E. At any time, the Zoning Officer may require that the owner of the property provide evidence that a relative of the occupants of the principal dwelling unit continues to reside within the accessory unit and is in need of such arrangement.

F. Such accessory unit shall not decrease the one-family residential appearance of a one-family dwelling, as viewed from exterior property lines. The accessory unit shall be attached to the principal dwelling unit, except a detached modular unit may be allowed if it was designed for that purpose. If a detached modular dwelling is placed on the property, it shall be completely removed within 90 days after the relative no longer lives within it. A detached dwelling shall only be placed on the lot if it will meet minimum side yard requirements and be placed in the rear yard, with a 20 feet minimum rear yard setback and has a maximum building floor area of 800 square feet.

G. Additional parking for the accessory unit is not required if the applicant proves that the resident(s) of the accessory unit will not routinely operate a vehicle.

H. A minimum floor area shall not apply to the unit for care of relative.

(21) Wind turbines, one per lot as accessory use.

A. All wind turbines shall be set back from the lot line a minimum distance equal to the total maximum height to the top of the extended blade, unless a written waiver is provided by the owner of such adjacent lot. All wind turbine setbacks shall be measured from the center of the base of the turbine.

B. The audible sound from the wind turbine shall not exceed 45 A-weighted decibels, as measured at the exterior of a occupied principal building on another lot, unless a written waiver is provided by the owner of such building.

C. The owner of the facility shall completely remove all above ground structures within 12 months after the windmill is no longer used to generate electricity.

D. A wind turbine shall not be climbable for at least the first 12 feet above the ground level, unless it is surrounded by a fence with a minimum height of six feet.

E. All wind turbines shall be set back from the nearest public street right-of-way a minimum distance equal to the total maximum height to the top of the extended blade.

F. The turbine shall include automatic devices to address high speed winds, such as mechanical brakes and overspeed controls.

G. In a district other than the LIC or GIC District, the maximum total height above the ground level to the tip of the extended blade shall be 75 feet. In the LIC or GIC District, the maximum height for a wind turbine approved under this section shall be 125 feet. See wind turbines in § 1306.02 and Articles 1303 and 1304 for taller turbines.

H. New electrical wiring to the wind turbine shall be placed underground, to the maximum extent feasible.