This article lists specific controls over certain aspects of land utilization. These controls are important to the accomplishment of the purposes of this chapter and shall be strictly applied.
These controls shall apply when they are specifically referred to in Article V.
No building may be erected, altered or used, and no lot or premises may be used for any activity which is continuously noxious, injurious or offensive by reason of dust, smoke, odor, fumes, noise, vibration, gas illumination, or similar substances or conditions.
Every building erected or moved shall be on a lot adjacent to a public street or have approved access to a public or private street. All structures shall be located on lots as to provide safe and convenient access for servicing, fire protection, and required off-street parking.
In any district more than one structure housing a permitted or permissible principal use may be erected on a single lot, provided that yard and other requirements of this chapter shall be met for each structure as though it were on an individual lot.
No explosives may be stored in residential, downtown or commercial districts. Explosives may be stored in all other districts, provided that the storage area is no closer than 200 feet to any property line and provided the requirements of all applicable local, state and federal regulations are met.
A.
General.
(1)
No accessory uses may be permitted within any required front or side yard and within 10 feet of the rear property line except as permitted pursuant to § 196-37E(3) and/or Subsection A(2) (below).
(2)
On existing lots of record with lot width of less than 50 feet, accessory uses shall not be permitted within the required front yard or within three feet of side yards and within five feet of rear yard.
(3)
No activities shall be permitted which create a public nuisance or interfere with the use of adjacent residential lots.
(4)
The maximum height of any accessory building shall not exceed 15 feet. The maximum size of an accessory building, unless otherwise noted in this chapter, is 900 square feet.
(5)
Accessory uses include, but are not limited to, animal shelters, sheds, detached garages, swimming pools, greenhouses, and tennis courts. This term does not refer to patios, decks, terraces, open porches, or other similar items.
(6)
No residential lot shall contain more than two accessory structures (not including residential swimming pools).
A.
General. No structure shall be located within any required front or side yard or within 20 feet of the rear property line.
B.
Use regulations.
(1)
Storage areas. All such facilities shall be located in an area which has direct access to a street or driveway.
(2)
Living quarters. Living quarters shall be permitted for proprietors and for watchmen, caretakers or similar employees.
(3)
Restaurant, cafeteria or recreational facility shall be for the use of employees only.
A.
All areas for off-street parking, off-street unloading and loading and the storage or movement of motor vehicles shall be physically separated from the public street or highway by a raised curb, planting strip, or other suitable barrier against unchanneled motor vehicle entrance or exit, except for necessary accessways or access roads which supply entrance to and egress from such parking, loading or storage area.
B.
Each use with less than 100 feet of frontage on a public street shall have not more than one accessway to each such street. No use with 100 feet or more frontage on a public street shall have more than two accessways to any one street for each 300 feet of frontage. Where practicable, movement into and out of parking areas shall avoid direct access to or from an arterial street or major collector street.
C.
Where there is more than one driveway to a parking area, the driveways, whenever possible, shall be limited to one-way travel whether as an entrance to or an exit from the parking area. The width of such entrances and exits, measured at the street property line, shall conform to the following schedule:
Width in Feet | ||
|---|---|---|
Minimum | Maximum | |
One-way | 12 | 26 |
Two-way | 24 | 36 |
Each lane provided shall be a minimum of 12 feet in width. In all cases, the radius of the edge of the driveway apron shall be at least 15 feet and no more than 50 feet. |
D.
The locations and width of exit and entrance driveways shall be planned to interfere as little as possible with the use of adjacent property and with pedestrian and vehicular traffic on adjacent streets. The center line of the access driveway to any public street shall be located at least 75 feet from the intersection of any street lines.
A.
Where district regulations require buffer yards, screening, planting strips, and other similar items, these shall be specified in a form acceptable to and subject to approval of the Borough Engineer prior to planting.
A.
When the property on which any activity is conducted is illuminated at night, such illumination shall be designed and located so that the light sources are shielded from adjoining residences and streets and shall not be of excessive brightness nor cause a glare hazardous or noxious to pedestrians or drivers at or beyond the lot boundaries. No direct beams of light shall be directed toward adjacent properties.
Signs may be erected and maintained only when in compliance with the provisions of this chapter and all other ordinances and regulations relating to the erection, alteration or maintenance of signs.
A.
General.
(1)
Signs shall not contain moving parts nor use flashing or intermittent illumination. The source of light shall be steady and stationary.
(2)
No sign shall be placed in such a position or have such a source of illumination that it will cause any danger to pedestrians or vehicular traffic.
(3)
No sign other than official traffic signs shall be erected within the right-of-way lines of any street.
(4)
Every sign must be constructed of durable material and be kept in good condition. Any sign which is allowed to become dilapidated shall be removed at the expense of the owner or lessee. The Borough's Building Code Official shall make such determination as to state of repair.
(5)
No sign shall cast objectionable light upon any activity or building beyond the property lines of the property on which it is located.
(6)
The distance from the ground to the highest part of any sign shall not exceed 10 feet in residential districts. The distance from the ground to the highest part of any freestanding sign in a commercial or industrial district shall not exceed 16 feet.
(7)
No sign shall be erected or located as to prevent free ingress to or egress from any window, door or fire escape.
B.
Signs permitted in residential districts.
(1)
Official traffic signs.
(2)
Identification signs or bulletin or announcement boards for schools, churches, hospitals or similar institutions, and for clubs, lodges, farms, estates or similar uses, provided that:
(3)
Professional, home-based business, or name sign indicating the name, profession or activity of the occupant of a dwelling, provided:
(4)
Real estate signs, including signs advertising the rental or sale of premises, provided that:
(5)
Temporary signs of contractors, architects and the like, provided that:
(6)
Signs advertising a lawful nonconforming use, provided that:
(7)
Signs necessary for the identification and protection of public utility facilities, provided that the area of one side of such sign shall not exceed four square feet.
(8)
Signs within a residential subdivision to direct persons to a rental office or sample unit within that subdivision, provided that the area on one side of any such sign shall not exceed two square feet.
(9)
Trespassing signs and signs indicating the private nature of premises. The area of any one side of such signs shall not exceed two square feet, and the signs shall be placed at intervals of not less than 100 feet along any street frontage.
C.
Signs in commercial and industrial districts. Signs may be erected and maintained, provided that:
(1)
Off-premises advertising signs are permitted by right in the I-1 District and also permitted in the C-1 and C-2 Districts by special exception, subject to the following regulations:
(a)
General regulations for all off-premises advertising signs:
[1]
An open space of not less than four feet shall be maintained between the lower edge of an off-premises sign display surface and the ground.
[2]
On any corner lot, no off-premises advertising sign shall be erected.
[3]
No portion of the supporting structure shall be visible above any advertising display area.
[4]
No off-premises advertising sign shall be located closer than 1,000 feet to the nearest off-premises sign on the same side of a highway having an advertising surface facing in the same direction, regardless of the size of the sign.
[5]
No off-premises advertising sign shall be erected, or any existing sign maintained, that incorporates flashing, scintillating, beacon or running lights.
[6]
Illumination of off-premises advertising signs may be permitted, provided that such illumination is effectively shielded so as to prevent beams or rays of light from being directed at any portion of the travel way and adjacent properties.
[7]
All off-premises advertising signs shall be erected on permanent footings, and all sign support structures for off-premises signs over 100 square feet area in size must be provided by an experienced commercial sign company and/or designed by a professional engineer.
[8]
The applicant must obtain a separate written permission or a provision in a lease agreement which permits the applicant access to the property to maintain the sign, if the land upon which the sign is to be placed is owned by anyone other than the applicant. The applicant must provide the Borough with a copy of the written permission or lease agreement prior to issuance of a sign permit.
[9]
Permittee, at his sole expense, will remove any off-premises sign, if the sign remains without bona fide advertising for 12 consecutive months.
[10]
Permittee, at his sole expense, will keep all advertising surfaces, support structures and immediate surroundings at the base of each sign free of debris and graffiti, and the sign shall otherwise be kept well maintained.
[11]
No off-premises advertising sign shall be used to illustrate any lewd, pornographic or lascivious actions.
(b)
Off-premises advertising signs are permitted by right in the I-1 District, provided that:
[1]
Each side of a single- or double-faced sign shall be allowed an advertising display area of not more than 600 square feet, exclusive of embellishments, which said embellishments shall not exceed 15% of the total display area. "Embellishment" shall mean an addition to a sign of pictorial or graphic nature which projects outside of the general rectangular area of the sign.
[2]
Each multifaced off-premises advertising sign may have a maximum of two advertising surfaces facing in one direction. Both surfaces shall be the same shape and size. The total copy area of each side shall not exceed 600 square feet.
[3]
Off-premises signs shall not exceed an overall height of 40 feet above the surface of the road and shall not be closer than 10 feet to the nearest right-of-way or property line.
(c)
Off-premises advertising signs are permitted in the C-1 or C-2 District, by special exception, provided that:
[1]
Each side of a single- or double-faced sign shall be allowed an advertising display area of not more than 300 square feet, exclusive of embellishments, which said embellishments shall not exceed 15% of the total display area.
[2]
Each multifaced off-premises advertising sign may have a maximum of two sides. Both sides shall be the same shape and size. The total copy area shall not exceed 300 square feet per side.
[3]
Off-premises signs shall not exceed an overall height of 45 feet above the surface of the road and shall not be closer than 10 feet to the nearest right-of-way or property line.
[4]
The applicant for the special exception shall demonstrate to the Sinking Spring Zoning Hearing Board that the area of the street or streets facing which the sign is proposed to be erected, within 1,000 feet in both directions from the proposed location of the sign, is not a high traffic accident area. A high traffic accident area is defined as one in which more than a total of 50 traffic accidents have occurred over the period of three previous full calendar years prior to the year in which the application is made.
(2)
No sign shall be readable from the rear of any property when the rear of that property abuts a residential district, nor shall any sign be readable from the side of any property when the side of that property abuts a residential district.
(3)
The total area on one side of all signs placed on or facing any one street frontage of any one premises shall not exceed 100 square feet, except in the case of a building housing more than one commercial or industrial use.
(4)
The area on one side of a directional sign shall not exceed 15 square feet.
(5)
No more than one freestanding sign shall be allowed on any one property.
(6)
No more than one directional sign shall be allowed on any one street frontage of any one property.
(7)
No more than two separate signs shall face any one street frontage on any one premises except in the case of a building housing more than one commercial or industrial use.
(8)
In the case of a building housing more than one commercial or industrial use, one permanent identifying sign for the building, the area on one side of which shall not exceed 100 square feet, may be erected. In addition, for each commercial or industrial use located within that building, one sign, the area of which shall not exceed 20 square feet, may be attached to that portion of the building housing the use.
D.
Signs permitted in the Downtown District.
(1)
Signs in this district shall be permitted for the purposes of identifying individual places of business while remaining in character with a traditional downtown and not detracting from the image and function of the district. Signs shall be kept in proportion to the spaces they represent, shall be appropriately placed, and be compatible with the streetscape facades.
(2)
General regulations for downtown signs are as stated below:
(a)
Placement.
[1]
Wall signs should be mounted above the show windows and should not cover over the architectural details of the storefront.
[2]
Show window signs can be mounted or painted directly on the glass or onto a clear acrylic panel suspended behind the glass. Window signs should be placed slightly higher than eye level.
[3]
Store hour signs are best when placed on or near entrance doors.
[4]
Store addresses can be applied to or painted on the transom over the entry door.
(c)
Quantity.
[1]
In general, a shopfront should not have more than two permanent signs, one primary, like a wall sign, and one secondary one, like a window sign.
(d)
Lettering.
[1]
A sign should be lettered with a maximum of two different letter styles
[2]
Letter styles should be selected for readability and should relate to the type of business represented.
[3]
Generally letters for wall signs should be about one inch to 15 inches and occupy approximately 65% of the signboard.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[4]
Lettering for show windows should be a maximum of six inches high.
(g)
Lighting.
[1]
Signs can be externally illuminated with hooded incandescent or fluorescent fixtures.
[2]
Individual neon-tube letters can also be effectively used.
[3]
Internally lit sign boxes should be avoided; if one is already installed and cannot be removed, it can be made less offensive by keeping the background opaque so that only the letters are lit.
[4]
Flashing signs are unacceptable, as they are distracting and detract from the positive image of the commercial streetscape.
(3)
Signs to identify businesses which may have their access at the rear or side, or which may be located in an upper-level space, shall adhere to the requirements above, except as listed in the following:
(a)
A shingle type of sign, solely to identify and locate the business, may be attached to a bracket which is fastened to the building facade, provided said bracket extends from the facade no more than 30 inches and provided the sign itself is no larger than two square feet.
(b)
A sign in an upper-level window, provided it is painted on the glass or onto a clear acrylic panel attached to or suspended behind the glass.
(c)
Freestanding signs shall not be permitted in the district unless same are included as an architectural feature to serve a specific group of businesses and uses. In such cases the freestanding architectural feature may have signs for several businesses attached thereto. The architectural feature must be located so as to be consistent with the image of the Downtown District and generally shall be located in a courtyard or similar space. A pylon sign shall not be considered to meet this requirement.
A.
Paved off-street loading and unloading spaces, with proper access from a street, common driveway or alley, shall be provided on any lot on which a building for trade, business or manufacturing is hereafter erected or substantially altered. All such areas for the loading and unloading of vehicles, and for the servicing of establishments or shops by refuse collection, fuel and other service vehicles, shall be of such size, design and arrangement that they may be used without blocking or otherwise interfering with the use of automobile accessways, parking facilities or pedestrianways. All loading areas shall be paved. Loading areas shall not be located within required front yards.
B.
All such spaces shall have dimensions not less than 12 feet by 45 feet with a clearance of not less than 14 feet in height. Spaces required shall be determined by the following table and shall be located exclusive of any public right-of-way or required parking area.
Gross Floor Area (square feet) | Spaces Required |
|---|---|
Up to 10,000 | 1 space |
Over 10,000 | 1 space plus 1 additional space for each 20,000 square feet in excess of 10,000 square feet. |
C.
Apartment buildings having 20 or more units shall also require a loading area. Retail or commercial businesses having 3,000 square feet or less of floor area are not required to have an exclusive off-street loading area.
Except as may be modified in the Downtown District or by condition, special exception or variance, off-street parking facilities shall be provided whenever: a building is constructed or a new use established; the use of an existing building is changed to a use requiring more parking facilities; an existing building is altered so as to increase the amount of parking space required.
A.
Each parking space shall have a minimum area of 162 square feet and minimum dimensions of nine feet by 18 feet. In addition, appropriate driveways, aisles and maneuvering space shall be provided to permit safe and convenient access to and use of the area provided for parking purposes. Proper access from a street, alley or driveway shall be provided.
B.
Parking spaces for residential uses shall be located on the same lot as the use served and shall be located behind the street right-of-way line.
C.
Parking spaces for commercial/industrial uses shall be provided for on the same lot as the use being served, except in the case of a shopping center, industrial park or similar grouping of buildings on a lot; in which case all parking areas shall be provided entirely within the lot lines of the property. Off-premises parking may be used, provided it is within 500 feet of the subject property and written authorization by the owner of said off-premises property is submitted to the Borough and determined to be satisfactory. In industrial districts, off-street parking shall not be permitted between the street line and the building setback line, except visitor parking.
D.
Joint parking facilities for two or more uses may be established, provided that the number of spaces provided is not less than the sum of the spaces required for each individual use.
A reduction of the total spaces otherwise required may be allowed by the Zoning Officer, provided the applicant(s) shall provide evidence satisfactory of the Zoning Officer that variations of peak demand by time of day, day of the week, or similar condition are reasonably anticipated.
E.
All parking spaces and means of access, other than those relating to a dwelling, shall be adequately illuminated during night hours of use. The illumination must be designed and located so that the light sources are shielded from adjoining residences and public and private streets. The illumination shall not be of excessive brightness and shall not produce a glare noxious at or beyond the boundaries of the parking area.
F.
All common parking areas shall be paved and shall be graded and surfaced to provide convenient vehicular access and proper drainage. Surface water shall not discharge onto public sidewalks or other premises.
G.
No areas necessary to fulfill the off-street parking requirements of this chapter shall be used for the sales, dead-storage, repair, dismantling or servicing of vehicles.
H.
Off-street parking facilities existing at the effective date of this chapter shall not be subsequently reduced to an amount less than that required under this chapter for a similar new building or use.
I.
All parking areas shall provide spaces in number and design sufficient to satisfy ADA requirements.
J.
When the required number of parking spaces is computed and a fraction of a parking space results, any fraction below 1/4 may be disregarded and any fraction over 1/4 shall necessitate the provision of a full parking space.
K.
Off-street parking requirements shall be as follows (unless modified by provisions elsewhere in this chapter).
(1)
Single-family/semidetached dwellings: two parking spaces per dwelling unit.
(2)
Industrial establishment: one space per two employees on the combined employment of the two largest successive shifts.
(3)
Restaurant, tavern or similar use: one space for each three seats plus one space for each full-time employee on the largest shift.
(4)
Retail and service establishments: one space per 200 square feet devoted to patron use.
(5)
Office buildings: one space per 150 square feet devoted to office use.
(6)
Warehousing establishment or similar commercial use: one space per two employees on the combined employment of the two largest successive shifts.
(7)
Auditorium, theater, library, municipal building, place of worship, club or lodge, or other place of public assemblage: one space for every three seats.
(8)
Motel, hotel, tourist home or similar establishment: one space for each rental unit.
(9)
Medical, dental and paramedical: four spaces for each person engaged in practice.
(10)
Skating rink, swimming pool, recreational establishment: one space per 50 square feet of area indoor devoted to patron use.
(11)
Nursing home or home for the aging: one space for each employee plus one space for each four beds.
(12)
Funeral home: one space for each four seats, provided that there shall be no less than 15 spaces provided.
(13)
Drive-in eating establishment: one space for each 1,000 square feet of lot (no indoor seating provided) area.
(14)
Townhouses/apartments: two parking spaces per dwelling unit and 1/4 parking space per unit.
(15)
For any building or use not covered above, the Zoning Officer shall apply the standard for off-street parking spaces in the above schedule deemed to most closely approximate the proposed building or use.
A.
Private driveways on corner lots shall be located at least 40 feet from the point of intersection of the nearest street curblines.
B.
No driveway shall be less than 10 feet in width.
C.
The maximum width of any private residential driveway and the maximum width of any entrance to such a driveway shall be as determined in Borough ordinances pertaining thereto.
A.
No unlicensed, unregistered, uninspected, or inoperable automotive vehicles or vehicular dwellings of any type shall be located in a residential district unless parked or stored in a completely enclosed accessory buildings.
B.
No unlicensed, unregistered, uninspected, or inoperable automotive vehicles or vehicular dwellings of any type shall be located in a commercial or industrial district unless parked or stored in a completely enclosed accessory building or the vehicle or vehicular dwellings are for sale at a permitted sales agency dealing in automotive vehicles or vehicular dwellings.
[Amended 9-1-2016 by Ord. No. 625]
A.
No major recreational equipment (including but not limited to boats, boat trailers, travel trailers, pickup campers, recreational vehicles, motor coaches, motorized dwellings, tent trailers or equipment substantially similar to the foregoing, as well as boxes or cases used for transporting such major recreational equipment) shall be parked or stored on any public street. The one exception to the foregoing rule: to allow a forty-eight-hour period for loading or unloading such major recreational equipment. Any such trailer must remain connected to the tow vehicle at all times that such trailer is parked or stored on a public street.
B.
No major recreational equipment shall be parked on any lot except in accordance with the following requirements:
(1)
For all properties in the Borough that have rear access, either via alleyways or driveways, all major recreational equipment must be parked in the rear of such lot.
(2)
For all properties in the Borough with only front access to either the rear or side yard, all major recreational equipment must be parked within either the side yard or rear yard, but in no instance may any major recreational equipment be parked in the front yard.
(3)
For all properties in the Borough with only front driveways and no access to the side or rear yard, major recreational equipment may be parked in the driveway, so long as such equipment is parked completely outside the public right-of-way.
(4)
For any corner lot, all major recreational equipment is permissible in the rear yard only.
C.
All major recreational equipment must have current and up-to-date state inspection, registration, insurance coverage (provided such inspection, registration and insurance coverage is required by state or federal law in order to operate such equipment). Such equipment must be operational and in good clean working condition. Any units in disrepair, nonoperational or not properly inspected, registered and insured must be stored within an enclosed garage.
D.
All major recreational equipment must be parked on a paved hard surface, either concrete or asphalt driveway, on residential properties.
E.
Any stormwater runoff from either the paved parking area or the equipment stored on it shall be contained on such property or otherwise controlled to ensure that any discharge is not more than the naturally occurring force and volume prior to the installation of such paved parking area.
F.
Any major recreational equipment stored within any residential lot is intended to be occasionally used. Long-time storage of any unused equipment will not be allowed. Storage of any such equipment for more than six months without use will be subject to a rebuttable presumption that such equipment is being stored long-term in violation of this section. Any equipment covered by this section which is not used at least once per year must be stored at an authorized off-site storage facility.
A.
Registration. In order to facilitate the administration of this chapter, the Zoning Officer shall maintain an accurate listing of those nonconforming uses which are not permitted as a use by right in the district in which they are located and for which no special exception or variance has been granted. Such listing shall be a matter of public record and shall constitute sufficient notice to any transferee acquiring any right to use or own such property.
B.
Abandonment. Except as may otherwise be effected by prevailing legal precedent, no nonconforming use may be reestablished if the use is discontinued for a continuous twelve-month period. Vacation of land or buildings or the nonoperative status of the use normally carried on upon property shall be evidence of discontinuance.
C.
Continuation. Any lawful use of a building or land existing at the effective date of this chapter may be continued although such use does not conform to the provisions of this chapter.
D.
Change. No nonconforming use may be changed to any other nonconforming use unless the Zoning Hearing Board shall grant a special exception. The proposed use shall be of the same or more restricted classification than the existing use and shall not be more detrimental to the district than the existing use of the property. The Zoning Hearing Board may specify such appropriate conditions and safeguards as may be required in connection with the granting of a special exception.
E.
Expansion.
(1)
No nonconforming use shall be enlarged or increased upon ground not owned, leased or under option to purchase at the time of the passage of this chapter.
(2)
No nonconforming use shall be enlarged or increased in a manner which will further violate any area regulations imposed by the zoning district in which it is located. Nor shall any nonconforming use, nonconforming building, or building housing a nonconforming use further violate any yard or height regulations imposed by the zoning district in which it is located, except as permitted under Subsection E(3) and (4) herein.
(3)
Encroachment into existing rear yard requirements will be permitted in order to allow expansion of a nonconforming use, nonconforming building, or building containing a nonconforming use, provided that such expansion will not result in a violation greater than occurs on immediately adjacent properties within a distance of 100 feet on each side of the side of the subject property boundaries.
(4)
Encroachment into existing side yard requirements will be permitted in order to allow expansion of a residential building or residential-accessory building, provided that such violation will be no more than the violation which exists for residential buildings on the subject property.
(5)
The proposed expansion shall not cause an increased detrimental effect on surrounding properties.
F.
Damage or construction.
[Amended 12-2-2010 by Ord. No. 582]
(1)
Any building or structure which is totally destroyed by any means may not be rebuilt and used for a nonconforming use, unless said structure or building is reconstructed pursuant to the requirements hereinbelow set forth.
(2)
A nonconforming building which is partially destroyed by any means may be reconstructed and used for the same nonconforming use as long as the basic structural elements of the original buildings are retained. Such determination shall be made by the Borough Building Code Official. The reconstructed portions of a nonconforming building shall conform to the area, height and bulk regulations of the zoning district in which it is located.
(3)
A nonconforming building or structure which is totally destroyed by fire, explosion, acts of God or act of the public enemy shall be permitted to be reconstructed pursuant to the following provisions:
(a)
The reconstruction of the nonconforming building or structure shall begin within one year of the destruction of said building or structure and continue uninterrupted until such building or structure is completely rebuilt.
(b)
The reconstruction of the building or structure will not increase the nonconformity of the building or structure from the way it existed before it was destroyed.
(c)
Based on plans and evidence submitted to the Building Code Official and the Zoning Officer, the size, architecture and design of the reconstructed building or structure is not appreciably changed from the way it existed before it was destroyed.
(d)
The reconstructed nonconforming building or structure shall conform to the area, height and bulk regulations of the zoning district in which it is located.
(e)
Unless the building or structure is determined to be a significant building that could be reconstructed under the Historic Building Code or is otherwise determined by the Building Code Official, the structure shall meet the current uniform building code in place at the time that a building permit for the reconstruction of the building or structure is sought.
A.
Lots included in approved plans. Any lot shown on a recorded subdivision plan on the effective date of this chapter which does not meet the minimum area and size requirements of the zoning district in which it is located may be used for any use permitted in that district, provided that all yard, height and open space requirements shall be met. The Zoning Hearing Board may grant a variance from the yard and open space requirements as long as water supply and sewage disposal facilities have been certified as adequate by the Borough Engineer.
B.
Lots held in single and separate ownership. Any lot held in single and separate ownership at the effective date of this chapter which does not meet the minimum area and size requirements of the zoning district in which it is located may be used for any use permitted in that district, provided that all yard, height and open space requirements are met. If the plans for the proposed use shall be approved by the Zoning Hearing Board, after review of such plans to assure reasonable compliance with the spirit of the zoning regulations for the district, and the water supply and sewage disposal facilities are certified as adequate by the Borough Engineer, a variance form the yard and open space requirements may be granted.
The restrictions of this chapter shall not apply to any existing or proposed building or extension thereof used by any public utility corporation if, upon petition of the corporation, the Public Utility Commission shall, after a public hearing, decide that the present or proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public.
A.
On a corner lot, no wall, fence or other structure may be erected or altered, and no hedge, tree, shrub or other growth shall be maintained which may cause danger to the drivers of vehicles on a public road by obscuring the drivers' view.
B.
Clear sight triangles shall be provided at all street intersections. Within such triangle, no object shall be permitted which obscures vision above the height of three feet and below 10 feet, measured from the center-line grade of intersecting streets. Such triangles shall be established from a distance of 75 feet from the point of intersection of the center lines of the intersecting streets, except as may be modified by an approved subdivision or land development plan.
A.
Designation of area:
(1)
Areas to be regulated under this section shall be those having average slope greater than 25% which extends for 10 vertical feet or more over a width of 50 feet or more.
(2)
The areas subject to slope controls shall be determined using maps and data comprising the Soil Survey of Berks County, United States Department of Agriculture's Web Soil Survey, Berks County Soil Conservation Service, or as may be shown in topographic survey of land determined by a professional land surveyor.
B.
Uses permitted by right:
(1)
Parks and outdoor recreational uses when permitted by the prevailing zoning district regulations and carried out in accordance with the area, yard and height requirements of that district.
(2)
Open areas or yards, subject to the restrictions of this chapter.
(3)
Buildings permitted by the prevailing zoning district regulations constructed in accordance with the regulations of the prevailing zoning district, provided that no portion of the building is constructed on a slope whose grade exceeds 25%.
C.
Uses by special exception:
(1)
Buildings constructed on a grade exceeding 25% and constructed in accordance with the regulations of the prevailing zoning district, provided that the applicant submits to the Zoning Hearing Board for review a statement prepared by a registered architect or a qualified professional engineer with an explanation of the building methods to be used in overcoming foundation and other structural problems, and including an explanation of the manner by which the natural watershed will be maintained and soil erosion prevented.
A.
Designation of area.
(1)
For land included within subdivisions or land developments, areas to be regulated under this section shall be those determined on the basis of a 100-year storm using a method approved by the Borough Engineer, until such time as the Federal Insurance and Mitigation Administration has provided water surface elevations for the 100-year flood. After that date, the boundary of the 100-year storm floodplain as established by data provided by the FIMA shall be used to determine areas subject to floodplain controls.
(2)
For land not included within subdivisions or land developments, the areas subject to floodplain controls shall be those areas mapped as containing alluvial soils by the Natural Resources Conservation Service, United States Department of Agriculture, on maps included within the Soil Survey Berks County Pennsylvania, issued 1970, until such time as the Federal Insurance and Mitigation Administration has provided water surface elevations for the 100-year flood. After that date, the boundary of the 100-year storm floodplain as established by data provided by the FIMA shall be used to determine areas subject to floodplain controls.
B.
Uses permitted by right.
(1)
Parks, playgrounds, picnic grounds and similar outdoor recreational uses, not to include enclosed structures except toilet facilities which must be connected to public sewer and water systems, subject to the restrictions of this chapter.
(2)
Open areas or yards, subject to the restrictions of this chapter.
C.
Boundary disputes and appeals procedures.
(1)
Should a dispute arise concerning the boundaries of those areas subject to floodplain controls which are not included within subdivisions or land developments, an initial determination of the boundaries shall be made by the Zoning Officer using the criterion listed in § 196-42A(2) of this chapter.
(2)
Any person aggrieved by this decision, claiming that the criterion listed in § 196-42A(2) is incorrect, may appeal to the Zoning Hearing Board as provided for in this chapter.
(3)
The burden of proof shall be on the person appealing the decision of the Zoning Officer.
(4)
If it is determined that the soil survey maps are inaccurate regarding the land in question, the area subject to floodplain controls shall be determined on the basis of a 100-year storm, and all calculations shall be subject to the approval of the Borough Engineer.
D.
Special flood hazard areas. Nothing in the following sections shall supersede § 196-42B. These standards shall, however, apply to any and all special flood hazard areas and 100-year flood boundary areas established by the Federal Insurance and Mitigation Administration (FIMA).
(1)
Zoning and/or building permits shall be required for all proposed construction or other development in the special flood hazard areas or 100-year flood boundary areas.
(a)
All proposed development shall be reviewed to assure that all necessary permits have been received from those governmental agencies from which approval is required by federal or state law.
(b)
Zoning and/or building permit applications for new construction or substantial improvements shall be reviewed to determine that the proposed construction is reasonably safe from flooding, is designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure, uses construction materials and utility equipment that are resistant to flood damage, and uses construction methods and practices that will minimize flood damage.
(c)
All zoning and building permit applications for new construction or substantial improvements shall contain 100-year flood elevation data (which shall be subject to confirmation by the Borough Engineer), the elevation in relation to mean sea level of the lowest floor (including basement) of the structure, a statement of whether or not the structure will contain a basement, and if the structure will be floodproofed, the elevation in relation to mean sea level to which the structure will be floodproofed.
(2)
New and replacement water supply systems and sanitary sewage systems shall be designed to minimize or eliminate infiltration of the floodwaters into the systems and discharges from the systems into floodwaters. On-site sewage disposal systems are prohibited.
(a)
Electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
(3)
Manufactured and mobile homes.
(a)
All manufactured homes shall be anchored to resist flotation, collapse or lateral movement by providing over-the-top and frame ties to ground anchors. Specifically:
[1]
Over-the-top ties shall be provided at each of the four corners of the manufactured home, with two additional ties per side at intermediate locations for manufactured homes 50 feet long or longer and one additional tie per side at an intermediate location for a manufactured home less than 50 feet long;
[2]
Frame ties shall be provided at each corner of the manufactured home, with five additional ties per side at intermediate locations for manufactured homes 50 feet long or longer and four additional ties per side at intermediate locations for a manufactured home less than 50 feet long;
[3]
All components of the anchoring system shall be capable of carrying a force of 4,800 pounds, and
[4]
Any additions to a manufactured home shall be anchored as listed in this section.
(b)
All manufactured homes to be placed or substantially improved within Zones A1-30, AH and AE shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation and shall be securely anchored to an adequately anchored foundation system in accordance with the provisions of this section. Provision shall be made for adequate surface drainage and for access for a hauler.
(4)
If any portion of a watercourse is proposed to be altered or relocated, prior to the commencement of that alteration or relocation, the person making such alteration or relocation shall submit calculations and data to the Borough which shall assure that the flood-carrying capacity within the altered or relocated portion of the watercourse will be maintained to the level before such alteration or relocation.
(a)
The Borough shall require the applicant to contact adjacent municipalities and the Pennsylvania Department of Community and Economic Development[1] prior to any alteration or relocation of a watercourse. Copies of such notification shall be sent to the Federal Insurance and Mitigation Administrator.
[1]
Editor's Note: See now Pennsylvania Emergency Management Agency.
(5)
When the Federal Insurance and Mitigation Administration (FIMA) has provided water surface elevation for the 100-year flood, new construction or substantial improvements of residential structures shall have the lowest floor (including basement) elevated at least one foot above the level of the 100-year flood. New construction or substantial improvements of nonresidential structures shall have the lowest floor (including basement) elevated at least one foot above the level of the 100-year flood.
(a)
Where floodproofing is utilized for a structure in accordance with the above, a registered professional engineer or architect shall certify that the floodproofing methods are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the 100-year flood, and a record of such certificates indicating the specific elevation in relation to mean sea level to which such structure is floodproofed shall be submitted to and maintained with the Borough.
(6)
The Borough adopts as a regulatory floodway the floodway shown on Flood Boundary and the Floodway Map 420150 0001 issued by the Federal Emergency Management Agency, Federal Insurance and Mitigation Administration. In addition, any encroachments, including fill, new construction, substantial improvements, and other development within the floodway which would result in any increase in flood levels within the Borough during the occurrence of the 100-year flood discharge are prohibited.
(7)
For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet and exceed the following minimum criteria: a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valve, or other coverings or devises, provided that they permit the automatic entry and exit of floodwaters.
E.
Variances and special exceptions.
(1)
No variance or special exception shall be granted for any construction, development, use or activity within the regulatory floodway that would cause a discernible increase in the 100-year flood elevation.
(2)
Whenever a variance is granted from the floodproofing or elevation requirements of § 196-42D(5), the Borough shall notify the applicant in writing that the granting of the variance may result in increased premium rates for flood insurance.
F.
Prohibited structures in floodplain areas.
(1)
Any new or substantially improved structure which:
(a)
Will be used for the production or storage of any of the dangerous material or substances listed in Subsection F(2); or
(b)
Will be used for any activity requiring the maintenance of a supply of more than 550 gallons or other comparable volume of any of the dangerous materials or substances listed in Subsection F(2) of the premises; or
(c)
Will involve the production, storage or use of any amount of radioactive substances.
(2)
The following list of materials and substances are considered dangerous to human life:
(a)
Acetone.
(b)
Ammonia.
(c)
Benzene.
(d)
Calcium carbide.
(e)
Carbon disulfide.
(f)
Celluloid.
(g)
Chlorine.
(h)
Hydrochloric acid.
(i)
Hydrocyanic acid.
(j)
Magnesium.
(k)
Nitric acid and oxides of nitrogen.
(l)
Petroleum products (gasoline, fuel oil, etc.).
(m)
Phosphorus.
(n)
Potassium.
(o)
Sodium.
(p)
Sulfur and sulfur product.
(q)
Pesticides (including insecticides, fungicides and rodenticides).
(r)
Radioactive substances, insofar as such substances are not otherwise regulated.
G.
Prohibited activities in floodplain areas.
A.
Home-based businesses.
(1)
Only a resident of the dwelling unit may practice an occupation carried out in any dwelling unit or an accompanied accessory structure.
(2)
The retail sales permitted are primarily those of goods produced in the dwelling unit.
(3)
No storage of materials or products in open areas shall be permitted.
(4)
No display of products made shall be visible from the street.
(5)
There shall be no outside advertising other than one sign of no more than one square foot in area on any one side.
(6)
No more than two persons shall employed by the practitioner of the occupation to provide secretarial, clerical or other assistance.
(7)
No noise, odor, dust, vibration, electromagnetic interference, smoke, heat or glare shall be perceptible at or beyond the lot boundaries.
(8)
No potentially dangerous effluent from operations shall be discharged.
(9)
Such occupations shall be incidental or secondary to the use of the property as a residence and are limited to those occupations customarily conducted within a dwelling unit or an approved accessory structure.
(10)
Not more than the equivalent of 30% of the area of the first floor of the principal building may be used for the purposes of the home-based business.
(11)
For those occupations which serve patrons, one off-street parking space shall be provided for each 50 square feet of floor area devoted to patron use, except in the case of dental, medical or paramedical offices. Four off-street parking spaces shall be provided for each person engaged in dental, medical or paramedical practice. These parking spaces shall not be provided within the front yard except within paved driveways and shall not be located within 10 feet of any side or rear lot line.
B.
No-impact home-based businesses (see definition in § 196-5). The business or commercial activity must satisfy the following requirements:
(1)
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
(2)
The business shall employ no employees other than family members residing in the dwelling.
(3)
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
(4)
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
(5)
The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
(6)
The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
(7)
The business activity shall be conducted only within the dwelling or an approved accessory structure and may not occupy more than 25% of the habitable floor area.
(8)
The business may not involve any illegal activity.
A single-family dwelling may be converted into a dwelling for a greater number of families where permitted by the applicable zoning district regulations, subject to the following requirements:
A.
Each dwelling unit shall not have less than 600 square feet of floor area.
B.
Two off-street parking places shall be provided for each dwelling unit.
C.
The lot area per dwelling unit is not reduced to less than 3,000 square feet.
D.
The yard, height and lot coverage requirements for the district in which the dwelling unit is located shall be met.
E.
The Zoning Hearing Board shall approve the conversion as a special exception and shall specify the maximum number of dwelling units permitted to occupy such building and may prescribe such further conditions and restrictions as the Board may consider appropriate.
F.
There shall be no more than one family per dwelling unit.
A.
On every corner lot there shall be provided a yard equal in depth to the front yard requirement of the particular zoning district in which the corner lot is located on each side of the lot which is adjacent to a street. The rear yard is determined to be opposite the street the front door of the dwelling is facing towards. The other yard is by default a side yard.
B.
In the case of a corner lot where one of the streets would commonly be called a "side street" and where the adjacent side street lot is developed with a setback less than the minimum required, a special exception may be granted, subject to whatever safeguard or provision the Zoning Hearing Board may require.
When an unimproved lot is situated between two improved lots with front yard dimensions less than those required for the zoning district in which the unimproved lot is located, the front yard required for the unimproved lot may be reduced to a depth equal to the average of the two adjoining lots; provided, however, that this provision shall only apply in such cases where the improved lots in question are improved as of the time of the adoption of this chapter and principal buildings within 75 feet of the unimproved lot exist on both lots. For the purpose of this section, an "unimproved lot" shall be the same as a vacant lot and an "improved lot" shall be one on which a principal building is erected.
The following projections shall be permitted into required yards and shall not be considered in the determination of yard size or lot coverage:
A.
Terraces, patios, deck, or open porches, provided that such terraces, patios or open porches are not roofed or otherwise enclosed, are not closer than six feet to any lot line, except a lot line which is the projection of a party wall, and do not project further than 10 feet into any required front yard.
B.
Open balconies or fire escapes and projecting architectural features such as bay windows, cornices, eaves, roof overhang, chimneys, and window sills, provided that all such features shall project no more that three feet into any required yard and shall not be located closer than six feet to any lot line, except lot lines which are the projection of party walls.
C.
Uncovered stairs and landings, provided such stairs or landings do not exceed three feet six inches in height, do not project more than three feet into any required yard, and are not located closer than six feet to any lot line, except lot lines which are the projection of the party walls.
D.
Roofed structures must meet the required setbacks per individual zoning district requirements.
The terms and performance standards set forth in this section are intended to be specifically applicable to age-restricted developments (hereinafter referenced as "ARD"). All such residential developments are subject to all other terms and provisions of this chapter. To the extent that the specific terms or performance standards set forth in this section conflict with the terms or performance standards set forth elsewhere in this chapter, the specific provisions of this section shall control.
A.
Meaning of terms. When used in the chapter, the term "older person" shall mean persons 55 years of age or older, in accordance with the provisions of the Federal Fair Housing Act. The Federal Fair Housing Act and this chapter permit 20% of the dwelling units in an age-restricted community to be occupied or owned by people who are not older persons. At least 80% of the dwelling units shall be occupied by at least one person who is 55 years of age or older.
B.
Purpose of ARD. An age-restricted development is intended to address the housing needs of older persons who do not require the more intensive care offered by assisted living communities and nursing homes, but who desire security, safety and a special design of a residential environment which can provide protective care and independent living.
C.
Permitted uses. Within the ARD, buildings may be erected, altered or used and a lot or premises may be used for any of the following purposes:
(1)
One or a group of residential structures which shall contain independent residential units for older persons. ARD structures shall be limited to single-family detached, single-family semidetached, townhouses and apartments.
(2)
Independent living facilities (ILF) (apartment, condominium and/or garden apartments), which include laundry, cafeteria/eating facilities, and other amenities to service the needs of older persons who are residents.
(3)
Accessory uses in the ARD shall be specifically restricted to serve primarily residents of the ARD and their invited guests and shall be limited to the following:
(a)
Auditoriums, activity rooms, craft rooms, library, lounges, and community hall with kitchen facility and similar facilities for members of the ARD community and invited guests.
(b)
Office and retail facilities, such as but not limited to doctor's office, pharmacy, fitness center, gift shop, coffee shop, post office, bank, travel agency, beauty shop, and barbershop; provided, however that the same must be located within the independent living facility and/or ARD community center [defined as the accessory structure(s) shown on the plan which may contain common recreation, meeting and activity space for the exclusive use of the ARD residents or their invited guests]. No separate commercial pad sites or commercial strip centers outside either of those structures shall be permitted. Notwithstanding any other provision in this section or in any other applicable ordinance or regulation, no accessory use permitted hereunder shall be permitted to erect any sign, advertisement or location sign anywhere on the exterior of any building or on the property in general. In the event it is determined that the operator or owner of the ILF or ARD has violated this provision, and after reasonable notice and opportunity to cure, which shall not exceed 10 business days (which cure period shall not be exercisable more than one time in any twenty-four-month period), the Borough shall have the right to seek an injunction to prevent the violation of this section and shall also have the right to seek, and the applicant of the independent living facility hereby consents for itself, its successors and assigns, the permanent removal of the accessory uses which violated this provision. No accessory use permitted hereunder shall be operated other than between the hours of 9:00 a.m. and 5:00 p.m. prevailing local time (except in the case of emergencies - i.e.. emergency doctor visits). The accessory uses in the ILF shall not exceed 10% of the total first floor area, in the aggregate, of the ILF, and each use/practitioner who provides services at the ILF shall be limited to no more than two employees and the provider/practitioner themselves (i.e., a doctor, one nurse and a clerical/staff person).
(c)
Guard station and/or mechanical entrance gate.
(d)
Parking. Off-street automobile parking or parking garage and off-street delivery and loading facilities as may be required for the use of occupants, staff and visitors to the facility.
D.
Development requirements.
(1)
A master land development plan shall be required for the entire tract and shall include a unified architectural theme.
(2)
Phasing. Construction of the development in phases shall be permitted, provided such construction is in compliance with the approved land development plan.
(3)
Except as otherwise provided for herein, the ARD shall comply with any additional regulations of this chapter which are applicable to the R-1 District.
(4)
The minimum tract size, prior to application for conditional use approval, subdivision and/or land development, shall be 15 gross acres.
(5)
The cartway for new streets and access drives within the ARD shall be a minimum of 24 feet. The streets shall be curbed. Alternative curb types may be permitted, subject to the approval of the Council of the Borough of Sinking Spring. If such streets are not to be dedicated to the Borough of Sinking Spring, there is no requirement for a right-of-way beyond the cartway width. In the event that a particular street is to be dedicated to the Borough of Sinking Spring, the legal right-of-way width shall be 54 feet, with curbing in accordance with Borough specifications.
(6)
The ARD shall be supplied with both an adequate (suitable for the intended build-out of the subject property) and approved, by the appropriate municipal or private provider, as the case may be, public or community water and sanitary sewer system. The costs of installation shall be at the initial expense of the applicant, subject to certain rights of recapture and cost recovery as may be provided by law or by agreement with the appropriate providing entity. In no event shall the Borough of Sinking Spring, except the Municipal Authority, pay or offset any costs of extension relating to water or sewer. All water system extensions shall properly consider required fire flows as required by NFPA and/or FIF standards.
E.
Area and bulk regulations.
(1)
The maximum number of dwelling units shall be 15 dwelling units per gross acre of the tract.
(2)
Height of building. No building shall exceed a height of 45 feet nor shall it be more than three stories.
(3)
Lot area. The minimum lot area shall be as follows:
Single-Family Detached | Single-Family Semidetached | Townhouses | Independent Living Facilities/Apartments | |
|---|---|---|---|---|
Lot size | 5,000 square feet | 4,500 square feet per unit | 1,800 square feet per unit | 80,000 square feet |
Lot width: | ||||
At street line | 30 feet | 30 feet per unit | 18 feet | 150 feet |
At building | 50 feet | 40 feet per unit | 18 feet | 150 feet |
Lot coverage | 50% | 30% | 25% | 25% |
(4)
Building setback requirements. The minimum building setbacks shall be as follows:
Single-Family Detached | Single-Family Semidetached | Townhouses | Independent Living Facilities/Apartments | |
|---|---|---|---|---|
Rear yard | 20 feet | 20 feet | 20 feet | 50 feet abutting residential use; 25 feet abutting nonresidential |
Side yard, total | 12 feet | 12 feet | n/a | 100 feet abutting use; 50 feet abutting nonresidential |
One side | 6 feet | 6 feet | 6 feet end unit | 50 feet abutting residential use; 25 feet abutting nonresidential |
Building setback line | 20 feet | 20 feet | 25 feet | 50 feet from dedicated right-of-way; 25 feet from undedicated (private) right-of-way. |
NOTE: All setbacks shall be measured from the edge of the paved cartway if the streets are not dedicated to the Borough of Sinking Spring. |
(5)
Additional requirements. The following additional regulations shall be required for townhouses and apartments.
(6)
Buffer area. A permanent vegetative buffer strip of no less than 12 feet in width shall be provided along the outside tract boundaries of the ARD, excluding access points and streets only or where existing vegetation is an adequate buffer. To the maximum extent possible, the developer shall preserve existing vegetation within the buffer areas along the property boundaries. An overall landscape plan shall be provided and shall be approved by the Borough. At a minimum, all shade trees shall be a minimum of eight feet in height at time of initial planting, and all shrubbery shall be a minimum of four feet in height at time of planting.
F.
Off-street parking requirements.
(1)
There shall be a minimum of 2 1/2 parking spaces for each ARD single-family detached, single-family semidetached and/or townhouse unit. There shall be a minimum of one parking space for each apartment bedroom. Independent living units/apartment may reserve, and construct at a later date, up to 33% of the required spaces for future development, provided the potential impervious cover is accounted for in impervious coverage and stormwater management.
(2)
Garages and driveways may be used in the calculations for off-street parking spaces. Parking shall not be allowed on the streets in an ARD.
(3)
When submitting a land development plan, applicant shall provide for the maximum parking that may be expected for the ARD. This shall include the sum of applicable parking requirements outlined in this section.
(4)
No parking shall be permitted closer than 25 feet from the outside tract boundary line for any ARD and 25 feet from the ultimate right-of-way line of an existing public street.
(5)
All dead-end parking lots shall provide adequate areas into which cars parked in the end stalls of the lots may back out. Parking areas shall not be so designed or located to require and encourage cars to back into a public street in order to leave the lot.
(6)
It shall be prohibited to park any vehicles, other than passenger cars, light duty trucks, sports utility vehicles, or a vehicle used for the transportation of community residents or invited guests, in the development overnight.
G.
Open space and recreation.
(1)
Arrangement. The common open space shall be designed as a contiguous area unless the applicant demonstrates to the satisfaction of the Borough of Sinking Spring that two or more separate areas would serve the requirements and be preferable. If the open space is designed to include two or more separate areas, a physical linkage including pedestrian access shall be required. Recreation and open space areas and facilities shall be located in close proximity to all residents of the complex.
(2)
Recreation. Recreation areas shall be provided to meet the anticipated needs of the complex. Recreation areas should be of a size, shape and relief that is conducive to the group's active and passive residential needs.
(3)
Open space. Open space shall be a minimum of 20% of the entire tract.
(4)
Community center. Each facility shall contain a minimum of one indoor area designated as a community center, which shall provide facilities and services specifically designed to meet the physical and social needs of the residents.
(a)
The center shall be encouraged to offer the following programs:
[1]
Social and recreational activities.
[2]
Preventative health care programs.
[3]
Continuing education, information and counseling and recreational programs.
[4]
Transportation to facilitate access to services and activities provided outside the community.
[5]
Services designed to encourage and assist residents to use the services and facilities available to them.
(b)
The floor area of the community center shall be determined in accordance with the following formula: number of units x 20 square feet = required floor area.
H.
General regulations:
(1)
The development shall comply with all applicable federal and state housing laws, including the Federal Fair Housing Act, which require that at least 80% of the dwelling units be populated by at least one person 55 years of age or older and that the development must publish policies and procedures that demonstrate the intent for the development to operate as housing for persons age 55 and older. Each unit, dwelling and building in the ARD and ILF areas shall be subject to a homeowners' or unit owners' association declaration of restrictive covenants and easements ("declaration"), which shall be approved by the Borough as part of the conditional use approval process. The declaration shall, at a minimum, include the restrictive language set forth herein. Additionally, the applicant, at time of final plan recording, shall provide to the Borough a deed recital, which shall be included in each deed for any unit, building or dwelling conveyed, that contains the restriction noted in this paragraph. The applicant, its successors and assigns shall include in any and all agreements of sale and the deed for any unit, dwelling or building the following notice: "Your use and occupancy of the property which is the subject of this agreement of sale is subject to a declaration, deed restriction, and conditional use approval which restricts the ownership and occupancy of the property to persons who have attained the age of 55 years or older, as provided under the Federal Fair Housing Act, subject to certain exceptions, restrictions and limitations. By signing this agreement, you acknowledge receipt of notice of that restriction and that the restriction on ownership and occupancy can be enforced by any other owner in the development, the homeowners' association, and/or the Borough." After the initial construction and sale, the Borough shall have the further right to notify the unit owners and the homeowners' association that until the 80% of the units are owned by persons age 55 or older (the "threshold"), no further sale (it being noted that this is not a restriction on occupancy) shall be permitted to persons under 55 years of age until the threshold has been achieved. The homeowners' association shall be obligated to provide the Borough with an annual certification (due on January 15 of each year) as to whether the threshold is then met.
(2)
Declaration of age restriction. At the time of subdivision and land development, as a prerequisite to any final plan approval, the developer shall record a declaration of covenants to run against the entire tract, in a form acceptable to the Borough Solicitor, pursuant to the Fair Housing Act, binding all properties and owners to the restriction, which shall require that dwelling units within the ARD be occupied by at least one person age 55 years or older.
(3)
Provision for maintenance/ownership of common elements. A declaration acceptable to the Borough Council and Borough Solicitor for the perpetual maintenance/ownership of all common elements which will not be owned and maintained by the Borough shall be approved by the Borough Council prior to final land development plan approval and shall be recorded at the Berks County Recorder of Deeds office after final plan approval.
(4)
Utilities. All buildings and residential units within the ARD shall be served by public water and public sanitary sewer system. All utility lines, such as electric, telephone and cable, shall be installed underground.
(5)
Signs. Development identification signs and directional signs shall be permitted. Traffic directional signs and signs indicating direction to delivery and loading areas are permitted and shall not exceed nine square feet each. One two-sided development identification sign shall be permitted at each entry to the development; each side of which shall not exceed 50 square feet in area. All signage within an ARD shall comply with the applicable sign requirements of this chapter.
(6)
Lighting fixtures. External illumination of any ARD community as well as the parking lots, driveways, walkways and entrances thereto shall be arranged so as to protect the adjacent highways and neighboring properties, whether or not contiguous thereto, from unreasonable direct glare or hazardous visual interference. No freestanding light fixture shall exceed a height of 20 feet.
(7)
Landscape features. Any and all landscape features (e.g., buffer yard plantings, street trees, parking lot plantings, common open space plantings, etc.) which are required under this section for an ARD development shall be depicted on a landscape plan, prepared by a registered landscape architect, and shall be submitted to the Borough for comment and approval as a condition of conditional use approval. Said plan shall clearly indicate the type, size and location of all vegetative material to be planted as part of the development and shall further delineate all currently existing vegetative material that is to be removed or which will remain as part of the development.
(8)
Traffic study. A traffic study, detailing the expected average daily traffic counts for the ARD and/or ILF, including the effects thereof, if any, that the proposed ARD and/or ILF development shall have on traffic flows upon the Borough's existing road network, shall be provided at the sole expense of the applicant to the Borough for review prior to the conditional use hearing. The Borough and applicant shall, within 10 days after the date of filing the application for condition use approval, determine which intersection shall be studied. Applicant shall install and erect, at its sole expense, any improvements required by the Borough as outlined in the traffic study or any study conducted by the Borough. To the extent any improvements are recommended for roads under the jurisdiction of PennDOT, the applicant shall only be required to construct those improvements on the PennDOT roads if a PennDOT highway occupancy permit can be obtained for the recommended improvement, and if the same cannot be obtained, the obligation to construct the improvement on the PennDOT road shall be void.
A.
It is hereby determined that adult entertainment uses and methadone clinics, as defined in this chapter, tend to be associated with other activities that can negatively impact the health, safety and general welfare of the residents of this Borough. These associated activities can create difficulties for law enforcement, municipal maintenance, trash collection, and can have deleterious effects on business and residential property values, can increase crime, and in particular can lead to the corruption of the morals of minors and prostitution, and can cause residents and businesses to move elsewhere. These concerns are summarized in the American Planning Association Report Nos. 495 and 496, which were based on at least nine studies conducted nationwide.
B.
Adult entertainment and methadone clinic uses are permitted only by conditional use in the C-2 Commercial Zoning District and only if the property lines of the lot upon which such uses take place are at least 500 feet from the property line of all of the following:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any activity in residential, commercial or downtown zones which generates emissions that affect air quality, wastewater, solid waste management, noise, vibration, visual or electromagnetic radiation shall comply with the provisions of § 196-19E in the General Industrial District.
[Added 11-27-2019 by Ord. No. 639]
A.
Senior independent living facilities, congregate care facilities, assisted living facilities; and/or personal care facilities shall be designed to achieve the following purposes:
(1)
Each such facility shall be built as a single legal entity and shall be retained in single ownership. Fee simple absolute sale of units shall be prohibited. All common facilities to support the needs of the residents of the facility shall remain under a single ownership.
(2)
To encourage the development of a community to service adults who can no longer live safely in a fully independent lifestyle and who require some level of care and assistance with some or all of the activities of daily adult living.
(3)
To provide for appropriate recreational activities for the residents in both exterior and interior spaces.
(4)
To encourage innovation in design so the growing demand for housing may be met by a greater variety in type, design and layout of dwellings and by the conversion and efficient use of open space auxiliary to said units.
B.
Uses permitted within senior independent living facilities, congregate care facilities, assisted living facilities and personal care facilities:
(2)
Nonresidential uses.
(a)
Activity centers intended for use by the residents. These centers may include dining, recreational, retail and/or office space.
(b)
Recreational areas, including exercise areas, common open space, walkways and trails, garden areas, picnic areas, and similar improvements.
(c)
Medical offices and rehabilitation center.
(d)
Uses clearly accessory to any of the permitted uses, including but not limited to off-street parking facilities.
(e)
Nonresidential uses are restricted to use by residents of the community and their guests. However, the management of such senior independent living facilities, congregate care facilities, assisted living facilities, or personal care facilities shall be permitted to open common areas of such facilities for use by community organizations for public and/or private meetings, at their discretion.
C.
Area and density requirement for senior independent living facilities, congregate care facilities, assisted living facilities and personal care facilities.
(1)
Area requirements.
(a)
A tract to be developed as a senior independent living facility, congregate care facility, assisted living facility or personal care facility shall have a minimum lot size of five acres.
(2)
The gross residential density of a senior independent living facility, congregate care facility, assisted living facility or personal care facility shall not exceed 25 dwelling units per acre.
(4)
Maximum building height: shall not exceed 45 feet.
D.
Street, parking and lighting.
(1)
Streets and roadways:
(a)
Streets and driveways may be private but shall be constructed to Borough standards.
(b)
Curbs shall be in accordance with Borough standards.
(c)
Sidewalks, if required by the Borough, shall be in accordance with Borough standards.
(d)
Roadway pavement thickness specifications shall conform to Borough standards.
(e)
Lighting shall be in accordance with Borough standards.
F.
Design regulations.
(1)
All senior independent living facilities, congregate care facilities, assisted living facilities or personal care facilities shall be served by a storm sewer system conforming to all applicable ordinances and regulations of the Borough. All such facilities shall be constructed at the expense of the developer.
(2)
All senior independent living facilities, congregate care facilities, assisted living facilities or personal care facilities shall have exterior trash storage facilities. All assisted living facilities shall also have a designated medical waste storage facility and pickup area.
(3)
The maximum impervious surface coverage associated with a facility shall be 75% of the gross site area.
(4)
The maximum building footprint associated with the facility shall be 75,000 square feet.
(6)
Recreational facilities for a senior independent living facility, congregate care facility, assisted living facility or personal care facility shall include:
(7)
All congregate care facilities, assisted living facilities and/or personal care facilities shall be designed, maintained and sized in accordance with the most restrictive applicable state and federal regulations. In the event of a discrepancy between this chapter and the state and/or federal regulations, the most restrictive state and/or federal regulations shall apply.
(8)
All senior independent living facilities, congregate care facilities, assisted living facilities and/or personal care facilities shall have an emergency management plan in effect for response to catastrophic events.
(9)
All senior independent living facilities, congregate care facilities, assisted living facilities and/or personal care facilities shall have fire access on all four sides of a building. In the event a facility is designed with more than four exterior walls, this provision shall not be construed to require fire access on every exterior wall of the building.
(10)
All senior independent living facilities, congregate care facilities, assisted living facilities and/or personal care facilities shall have an automatic sprinkler fire suppression system.